This Acceptable Use Policy (this “AUP”) applies to the access and use the SaaS Service (as defined below) owned by Buildr, LLC (“Buildr”, “we”, “our”, or “us”), which is made available to the entity, business, or organization (the “Customer”) who has entered into a master services or subscription agreement, or similar customer agreement with Buildr for use of the SaaS Service (hereinafter, the “MSA”). Please read this AUP carefully. This AUP is hereby incorporated by reference into and made a part of the MSA.

If you have been granted access to use the SaaS Service by or on behalf of the Customer, you acknowledge and agree that (a) this AUP applies to you, and that you have read and will abide by this AUP, and (b) you have been duly authorized by or on behalf of the Customer to access the SaaS Service. Please be advised that we may modify and update this AUP as set forth in Section 6.

1. Definitions

• “Admin User” means any individual employee of Customer: (a) who is authorized by Customer to use the SaaS Service, (b) to whom Customer (or Buildr at Customer’s or another Admin User’s request) has supplied access credentials, and (c) who has permissions to administer the Customer’s account within the SaaS Service.
• “Customer Data” means any text, images, graphics, videos, documents, materials, content and/or other information (including, but not limited to) user or account related data and information submitted, transmitted, uploaded, or otherwise processed by or on behalf of any User or Customer in connection with the use of the SaaS Service.
• “SaaS Service” means Buildr’s proprietary hosted software-as-a-service web application(s) and mobile application(s) that are licensed or made available by Buildr to the Customer under the MSA on a subscription license basis.
• “Users” means, collectively, you, Admin Users, and any other individual who has been authorized to access the SaaS Services by or behalf of Customer or any Admin User.

2. The Relationship Between You, Customer, and Us

Customer and its Admin Users are responsible for managing Customer’s account (including any User Accounts) and any access to the SaaS Service, and may permit Users to access and use the SaaS Service in connection with Customer’s authorized use of the SaaS Service pursuant to and under the MSA. For example, the Customer or its Admin Users may provision or deprovision your User Account or access to the SaaS Service, designate your user role or tier, manage Permissions (as defined below), or enable or disable your access to additional features of the SaaS Service. These choices and instructions may result in the access, use, disclosure, modification, or deletion of certain or all Customer Data.

As between us and Customer, it is solely the Customer’s responsibility to (a) inform you and any other Users of any relevant Customer policies and practices and any settings that may impact the processing of Customer Data and/or use of the SaaS Service; (b) obtain any rights, permissions or consents from you and any other Users that are necessary for the lawful use of Customer Data, Performance Data and Aggregated Statistics (each as defined below), and the operation of the SaaS Service; (c) ensure that the transfer and processing of Customer Data is lawful; and (d) respond to and resolve any dispute with you and any other User relating to or based on Customer Data, the SaaS Service, or Customer’s failure to fulfill these obligations.

Customer, and not Buildr, is responsible for providing you with support for the use of the SaaS Service, and all requests for support with respect to the use or operation of the SaaS Service must be submitted by you to Customer.

Any claims arising in connection with your access or use of the SaaS Service, including any claims relating to Buildr’s liabilities or obligations under the MSA, may only be brought by the Customer and not any individual User.

3. Your Access and Use of Our Products and Services

While You Access or Use the SaaS Service, You Must Adhere to this Acceptable Use Policy

To help ensure safe and productive use of the SaaS Service, all Users must comply with this AUP, including without limitation, the rules and restrictions set forth in this Section, and any applicable policies established by Customer. If you see anyone engage in, or otherwise become aware of any, inappropriate use or unauthorized acts with respect to the SaaS Service, please report it to Buildr or the Customer.

Usage Permissions

Your access to the SaaS Service (or functionality thereof) may be limited and restricted, based on the Customer’s subscription plan, your user role or tier, and/or any other permissions, designated by the Customer or an Admin User (collectively, “Permissions”).

User Accounts

You may be required to register a user account to access the SaaS Services (“User Account”). You agree to provide and maintain User Account registration information, which may include, name, location, e-mail address or other contact information, and billing information, that is true, accurate, current, up to date, and complete.

Customer Data

Customer Data is processed by Buildr on behalf of the Customer in accordance with the MSA and our Privacy Policy located at https://buildr.com/legal/privacy. Under relevant data protection laws, Buildr acts as the “data processor” or “service provider” on behalf of the applicable Customer who is the “data controller” or “business”.

When you submit Customer Data, you acknowledge and agree that, (a) as between you, Buildr, and the Customer, the Customer Data is owned by Customer, and any ownership or obligations between you and Customer with respect to Customer Data that is uploaded, submitted, and/or processed by you through or in connection with the use of the SaaS Service is subject to the separate agreements and/or policies between you and the Customer, and (b) the MSA provides Customer with choices and control over that Customer Data, including, but not limited to, the access, use, disclosure, modification, or deletion of some or all Customer Data.

Customer Data expressly excludes Performance Data and Aggregated Statistics. Buildr retains ownership and control of Performance Data and Aggregated Statistics in accordance with the MSA. For purposes of this AUP: (i) “Performance Data” means information, metrics, analytics, and data relating to the use and performance of the SaaS Service and which may be derived from Customer Data, and (ii) "Aggregated Statistics" means data and information collected and compiled  by Buildr related to Customer's and its Users’ access and use of the SaaS Service that is used by Buildr in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the SaaS Service and its underlying technology. Performance Data and Aggregated Statistics are collected, used and processed by Buildr in accordance with the MSA and our Privacy Policy located at https://buildr.com/legal/privacy.

Restrictions

You shall not, and shall not permit any other person to:

• (a) use, or permit direct or indirect access to or use of, the SaaS Service in a way that circumvents a contractual usage limit, including, but not limited to, the Permissions applicable to your user role and/or tier;
• (b) impersonate any other User, share passwords or User Accounts, or provide false identity information to access or use the SaaS Service;
• (c) license, sub-license, sell, re-sell, rent, lease, transfer, distribute, time share or otherwise make any portion of the SaaS Service available for access by third parties;
• (d) access or use the SaaS Service for purposes of building a competitive product, or otherwise engage in competitive benchmarking;
• (e) disclose the results of any benchmark test of the SaaS Service to any third party without Buildr’s prior written approval;
• (f) reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets, or any underlying ideas, algorithms and/or technology from or about the SaaS Service (or any part thereof);
• (g) remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Buildr or its suppliers on or within the SaaS Service and/or related documentation;
• (h) interfere with or disrupt the integrity or performance of the SaaS Service (or any part thereof), or any system, network or data or cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of the SaaS Service;
• (i) attempt to gain unauthorized access to the SaaS Service (or any part thereof), or its related systems or networks;
• (j) attempt to probe, scan or test vulnerability of the SaaS Service without Buildr’s prior written permission or authorization;
• (k) use the SaaS Service to store, upload, or transmit any (1) materials containing malicious or unsolicited code or software, or (2) materials or content that violate or misappropriate any third party’s intellectual property, publicity, confidentiality, proprietary, and/or privacy rights;
• (l) use the SaaS Service (or any part thereof), or transmit Customer Data, in any manner that violates in any law, rule, regulation or any other legal or regulatory requirement imposed by any regulatory or government agency, including, without limitation, export laws and regulations;
• (m) transmit or process through the SaaS Service, or otherwise submit or provide to Buildr any sensitive personal information (such as financial, medical or other sensitive personal information such as government IDs, passport numbers or social security numbers) or any other data that Customer or you do not have the right to process;
• (n) use any generative artificial intelligence (AI), large language models (LLMs), and other machine learning (ML) functionality (collectively, “AI Features”) or any output generated by the AI Features (“AI Output”) to develop, train, or improve any AI, LLMs, or ML models, or in violation of any applicable usage terms or policies of any third party providers of AI Features (“AI Policies”);
• (o) represent any AI Output as being approved or vetted by Buildr, any applicable third party providers of AI the AI Features, or their respective affiliates, personnel, service providers, agents, or representatives; or
• (p) represent any AI Output as being an original work or a wholly human-generated work.

4. Indemnification

You agree to defend, indemnify, and hold harmless Buildr, its employees, contractors, service providers, vendors, and/or agents, from and against any and all claims, actions, demands, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) that arise or result from your breach of this AUP or any use or misuse of the SaaS Service.

5. Violations of this AUP

If we believe that there has been a violation of this AUP, the MSA, or any of our other policies applicable to you, we will, in most cases, ask Customer to take action rather than intervene. We reserve the right to directly step in and take what we determine to be appropriate action in our reasonable discretion (including disabling or terminating your User Account and/or suspending your access to the SaaS Service) if Customer does not take appropriate action or we believe there is a credible risk of harm to us, our other customers, the SaaS Service, its underlying technology or any other intellectual property of Buildr, the Customer or any of its other Users, or any third parties.

Buildr will have no responsibility or liability to you for any termination or suspension, for any or no reason, by us or the Customer of your access to the SaaS Service.

6. Modifications

As our business evolves, we may update and amend this AUP, at any time, by posting an updated version at https://buildr.com/legal/acceptable-use. We may also require you to acknowledge that you have read and agree to comply with the updated Policy the next time you log in to your User Account for the SaaS Service. Use of the SaaS Service after the effective date of any changes shall be subject to and in accordance with the revised Policy.

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