Terms of Service and Privacy Policy

1. Eligibility and Acceptance

You must be at least 18 years old and have the legal capacity to enter into this agreement. By using the Site or Service, you represent and warrant that you meet these requirements.

2. Service Overview

BuildProduct.ai provides tools and insights, potentially utilizing AI, web scraping of publicly available information, and generative AI, to help businesses identify ways to improve their products and achieve business goals (the "Purpose").

3. Account Registration and Security

• Registration: To use the Service, you may need to create an account, providing information such as your email address, name, company name, and company website. You agree to provide accurate, current, and complete information.
• Google Login: You may optionally register or log in using your Google account. If you do so, you authorize us to access certain Google account information (e.g., name, email) as permitted by your Google settings and Google's policies. Google's Privacy Policy governs their data handling.
• Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at support@buildproduct.ai of any unauthorized use.

4. License to Use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for the Purpose during your subscription term.

5. Fees and Payment

• Subscriptions: Use of the Service is subject to the fees outlined in your chosen subscription plan. Fees are billed in advance and are non-refundable except as expressly stated or required by law.
• Payment: You agree to provide valid payment information and authorize us (or our third-party payment processor) to charge the applicable fees.
• Late Payments: Failure to make timely payments may result in suspension or termination of your access to the Service.

6. Acceptable Use Policy

You agree not to:

• Use the Site or Service for any illegal or unauthorized purpose.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Scrape, mine, or systematically collect data from the Site or Service beyond its intended functionality or without authorization.
• Disrupt, interfere with, or place an undue burden on the Site, Service, or associated networks.
• Share your account credentials or allow unauthorized third parties to access your account.
• Upload or transmit viruses, malware, or other harmful code.
• Use the Service to generate content that is unlawful, defamatory, infringing, harassing, or obscene.
• Use the Service to process or store Protected Health Information (PHI) as defined by HIPAA, or any other sensitive data requiring specific legal protections unless explicitly agreed upon in a separate written agreement with BuildProduct.ai. The Service is not designed for PHI.

7. Intellectual Property

• Our IP: All content, trademarks, logos, software, algorithms, and other intellectual property related to the Site and Service are the exclusive property of BuildProduct.ai or its licensors. Unauthorized use is strictly prohibited.
• Your Data: You retain ownership of the data you provide to the Service ("User Data"). You grant BuildProduct.ai a worldwide, royalty-free license to use, process, analyze, and display your User Data solely as necessary to provide and improve the Service, and as described in this Policy.
• Feedback: If you provide suggestions or feedback, we are free to use it without obligation to you.

8. Confidentiality

"Confidential Information" includes non-public information disclosed by one party to the other, marked as confidential or reasonably understood to be confidential. This includes, but is not limited to, our proprietary algorithms and processes, and your non-public User Data. Both parties agree to protect the other's Confidential Information using reasonable care and not disclose it to third parties except as permitted by these Terms or required by law.

9. Privacy Policy

This section describes how BuildProduct.ai collects, uses, shares, and protects your personal information.

a. Information We Collect:

• Information You Provide: Name, email address, company name, company website, payment information (processed by our payment processor), communications with us, and any data you input into the Service.
• Information from Third Parties: If you use Google Login, we receive information as authorized by Google (e.g., name, email).
• Automated Information: When you use the Site or Service, we may automatically collect technical data like IP address, browser type, device information, operating system, usage patterns, referral URLs, and interaction data using cookies and similar technologies.

b. How We Use Your Information:

• To provide, operate, maintain, and improve the Site and Service.
• To process transactions and manage your subscription.
• To personalize your experience.
• To communicate with you (service updates, support, marketing messages - with opt-out options).
• To analyze usage patterns for service improvement, security, and business intelligence.
• To enforce our Terms and comply with legal obligations.

c. Legal Basis for Processing (GDPR):

• Contract Performance: Processing necessary to provide the Service.
• Consent: For specific activities like marketing emails or non-essential cookies.
• Legitimate Interests: For service improvement, security, and analytics.
• Legal Obligation: Processing necessary to comply with laws.

d. Cookies and Tracking Technologies:

We use cookies (small text files stored on your device) and similar technologies (pixels, web beacons) for various purposes:

• Essential: Necessary for the Site and Service to function (e.g., login sessions, security).
• Performance/Analytics: To understand how users interact with the Site and Service (e.g., Google Analytics).
• Functionality: To remember your preferences.
• Marketing: To deliver relevant advertising (if applicable). You will be presented with options to manage your consent for non-essential cookies via a cookie banner or settings panel. You can also typically manage cookies through your browser settings.

e. Data Sharing and Disclosure:

We do not sell your personal information in the traditional sense. However, we may share information under certain circumstances:

• Service Providers: With third-party vendors who perform services on our behalf (e.g., cloud hosting, payment processing, analytics, customer support tools, email services). These providers are contractually obligated to protect your data and use it only for the services requested.
• Legal Requirements: If required by law, subpoena, or other legal process, or to protect our rights, property, or safety, or that of others.
• Business Transfers: In connection with a merger, acquisition, financing, or sale of assets, your information may be transferred to the acquiring entity, subject to confidentiality agreements.
• Aggregated/Anonymized Data: We may share aggregated or anonymized data (which cannot identify you) for research, marketing, analytics, or other purposes.
• With Your Consent: We may share information with other third parties if you explicitly consent.

f. Data Security:

We implement reasonable technical and organizational measures to protect your personal information from unauthorized access, use, or disclosure. However, no internet transmission or electronic storage is 100% secure.

g. Data Retention:

We retain personal information for as long as necessary to fulfill the purposes outlined in this policy, provide the Service, comply with legal obligations (e.g., tax, accounting), resolve disputes, and enforce our agreements.

h. International Data Transfers:

Your information may be transferred to and processed in countries other than your own, including the United States, where data protection laws may differ. If we transfer personal data from the European Economic Area (EEA), UK, or Switzerland, we rely on appropriate safeguards, such as the Standard Contractual Clauses approved by the European Commission, or other valid transfer mechanisms.

i. Your Privacy Rights:

Depending on your location, you may have the following rights regarding your personal information:

• Right to Access/Know: Request information about the data we hold about you and how we use it.
• Right to Rectification: Request correction of inaccurate data.
• Right to Erasure/Deletion: Request deletion of your data, subject to certain exceptions.
• Right to Restrict Processing: Request limitation on how we use your data.
• Right to Data Portability: Request a copy of your data in a portable format.
• Right to Object: Object to processing based on legitimate interests or for direct marketing.
• Right to Opt-Out of Sale/Sharing (California): Request that we do not sell or share your personal information (as defined by CCPA/CPRA).
• Right to Withdraw Consent: Withdraw consent where processing is based on consent.
• Right to Non-Discrimination: Not be discriminated against for exercising your privacy rights.

j. How to Exercise Your Rights:

To exercise these rights, please contact us at support@buildproduct.ai. We will need to verify your identity before processing your request and will respond within the timeframes required by applicable law.

k. California Residents (CCPA/CPRA Addendum):

This section supplements the information above for California residents. We collect categories of personal information as described in section 9a. We collect for the business purposes described in section 9b. We share with categories of third parties as described in section 9e. We retain data as described in 9g. California residents have the rights listed in 9i. To exercise your rights, contact us as described in 9j.

l. Children's Privacy:

Our Site and Service are not directed to children under 18, and we do not knowingly collect personal information from them.

m. Changes to this Policy:

We may update this Privacy Policy periodically. We will notify you of significant changes by posting the new policy on the Site or through other communication channels. Your continued use after changes constitutes acceptance.

10. Use of Company Name and Logo

Unless you opt out by contacting us at support@buildproduct.ai, you grant BuildProduct.ai permission to use your company name and logo in our promotional and marketing materials (e.g., on our website as a customer).

11. Third-Party Links

The Site or Service may contain links to third-party websites or services. We are not responsible for their content, privacy practices, or security. Use them at your own risk.

12. Disclaimers

THE SITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BUILDPRODUCT.AI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (c) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL BUILDPRODUCT.AI'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless BuildProduct.ai and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Site or Service, or your violation of these Terms.

15. Termination

• By You: You may terminate your account at any time by contacting support@buildproduct.ai.
• By Us: We reserve the right to suspend or terminate your account and access to the Service, with or without notice, if you violate these Terms, fail to pay fees, or engage in conduct we deem harmful or disruptive.
• Severability: If any provision is found unenforceable, the remaining provisions will remain in full effect.
• Effect: Upon termination, your license to use the Service ends. Sections 7, 8, 9, 12, 13, 14, 16, and 17 will survive termination.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in New Castle County, Delaware, and the parties irrevocably consent to the personal jurisdiction and venue therein.

17. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and BuildProduct.ai regarding the Site and Service.
• Changes to Terms: We may modify these Terms from time to time. We will provide notice of significant changes (e.g., via email or a notification in the Service). Your continued use after changes constitutes acceptance.
• Severability: If any provision is found unenforceable, the remaining provisions will remain in full effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver.
• Contact Information: For questions about these Terms or the Service, please contact us at support@buildproduct.ai.