These Master Terms of Service ("Terms") form a binding agreement between Buildaur LLC, an Arizona limited liability company ("Buildaur," "we," "us," or "our"), and the business or individual that subscribes to or otherwise uses the Buildaur platform ("Business Client," "Merchant," "you," or "your"). These Terms govern your access to and use of the Buildaur custom builder platform, the website buildaur.app, the Buildaur APIs, embeddable builder widgets, dashboards, integrations, and related services (collectively, the "Service").
By creating an account, subscribing to the Service, embedding a Buildaur builder, or otherwise using the Service, you agree to these Terms. If you do not agree, you may not use the Service. If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.
1. The Service
1.1 What Buildaur is.
Buildaur is a software-as-a-service ("SaaS") platform that allows businesses to embed configurable, multi-product custom builders into their own websites and storefronts. Through Buildaur, you can offer your end customers ("End Customers") the ability to design custom DTF gang sheets, individual transfers by size, SKU-driven product catalogs, and other configurable items that you produce, source, or fulfill. Buildaur's library of configuration tools is actively growing — new product types and decoration methods (such as additional apparel categories, banners, and embellished goods) are added on an ongoing basis, and any product type made available in your dashboard is automatically governed by these Terms.
1.2 What Buildaur is not.
Buildaur is a software platform only. Buildaur does not manufacture, print, embroider, decorate, fulfill, ship, or otherwise produce any physical product. Buildaur is not a party to any sale between you and your End Customer. You are the seller of record for every order placed through your Buildaur builder, and you are solely responsible for production, quality control, fulfillment, customer service, returns, refunds, and compliance with all applicable laws.
2. Accounts and Eligibility
To use the Service, you must register for an account and designate at least one administrator ("Super Admin"). The Super Admin has the highest level of access and is responsible for all activity on your account, including all sub-user activity, all orders submitted through your builder, and all production decisions made on your behalf. You must be at least 18 years old and able to enter into a binding contract.
You agree to provide accurate, current, and complete information during registration and to keep it updated. You are responsible for safeguarding your credentials and for all activity that occurs under your account. You must notify us immediately at support@buildaur.app of any unauthorized use.
3. Subscription, Fees, and Payment
3.1 Subscription Plans.
The Service is provided on a subscription basis. Plan tiers, features, usage limits, and pricing are described on buildaur.app or in your order form, and are incorporated into these Terms by reference. We may modify plans, features, and pricing on at least thirty (30) days' notice; material changes will not apply to your current pre-paid term and will take effect at your next renewal.
3.2 Billing.
You authorize Buildaur (and our payment processor, Stripe) to charge your designated payment method on a recurring basis (monthly or annually, as selected) for all subscription fees, applicable taxes, and any usage-based or overage fees. Subscription fees are billed in advance and are non-refundable except as required by law or as expressly stated in these Terms.
3.3 Auto-Renewal.
Subscriptions automatically renew at the end of each billing cycle at the then-current rate unless cancelled before the renewal date. You may cancel renewal at any time through your account dashboard or by emailing support@buildaur.app.
3.4 Failed Payment — Immediate Suspension.
If a scheduled payment fails for any reason (including expired card, insufficient funds, declined transaction, or chargeback), your access to the Service is suspended immediately, with no grace period. During suspension: (a) your embedded builder will display a maintenance state to End Customers and will not accept new orders; (b) the Super Admin and sub-users cannot access the dashboard, edit configurations, or pull order data; (c) automations, integrations, and APIs tied to your account are paused. Access is restored automatically once payment clears.
You remain liable for all fees that accrued before suspension and for any fees that accrue during suspension if the underlying contract term has not ended. Buildaur will not be liable to you, your End Customers, or any third party for any losses, missed orders, lost revenue, or production delays resulting from a suspension caused by failed payment.
3.5 Data Retention.
Buildaur retains order metadata indefinitely so that you maintain a complete record for tax, dispute, audit, and customer-support purposes. This metadata includes the order id, design id, customer name and contact information, order status, dates, totals, payment confirmations, shipping and tracking information, customer notes, and the product type ordered.
Buildaur automatically purges the design canvas data and associated production files — specifically, the canvas_data blob and the on-disk source uploads and generated print sheets — three hundred sixty-five (365) days after the order's creation date. After purge, the order continues to appear in the customer's order history with its metadata intact, but the in-app Preview, Duplicate, and re-download functions are no longer available for that order.
Each order is governed by its own creation date. If a customer duplicates an existing order, the duplicate spawns a new order with a fresh three-hundred-sixty-five-day retention window. Re-ordering before the original order's window closes does not extend the original order's clock, but ensures the customer's most recent order remains recoverable for a full year from the date of that re-order.
Buildaur will permanently terminate and delete a Business Client account only (i) at your written request, (ii) following a material uncured breach of these Terms after notice, (iii) where required by law or court order, or (iv) where the account has been suspended for non-payment for more than twenty-four (24) months and Buildaur has provided thirty (30) days' written notice to the email of record.
3.6 Taxes.
Subscription fees are exclusive of taxes. You are responsible for all sales, use, VAT, GST, and similar taxes associated with your subscription, except for taxes based on Buildaur's net income.
3.7 Chargebacks.
If you initiate a chargeback or payment dispute against Buildaur for a fee that you actually owe, we reserve the right to suspend your account, charge a $35 chargeback recovery fee, and pursue any other available remedies.
4. End Customer Orders and Intellectual Property
4.1 You Are the Seller of Record.
Every order placed by an End Customer through your Buildaur builder is a transaction between you and that End Customer. Buildaur does not see itself as a party to those transactions and does not collect, hold, or remit funds for those orders. You are responsible for setting prices, accepting payment, issuing receipts, collecting and remitting taxes, and fulfilling orders.
4.2 Trademark, Copyright, and Image Rights — End Customer and Super Admin Responsibility.
Buildaur is a configuration tool. Buildaur does not review, screen, moderate, or approve any logo, photograph, character, slogan, design, name, likeness, or other content uploaded to or generated within a Buildaur builder. The End Customer who uploads or selects content represents and warrants that they own or have all necessary rights, licenses, consents, and permissions to use that content. The Super Admin (you) is responsible for verifying, before production, that every order complies with all applicable trademark, copyright, right of publicity, privacy, and other laws.
You agree that:
- Buildaur bears no responsibility, liability, or duty to monitor or remove infringing, trademarked, copyrighted, defamatory, obscene, or otherwise unlawful content uploaded by you, your sub-users, or your End Customers;
- Liability for any infringement, misappropriation, or other violation arising from content uploaded to or produced through a Buildaur builder rests entirely and solely on the Super Admin and the End Customer who uploaded the content;
- You will require, through your own End Customer-facing terms, that End Customers warrant ownership of (or rights to) all content they submit and indemnify both you and Buildaur against any related claims;
- If you receive a takedown notice, cease-and-desist letter, or other infringement claim, you will handle it directly and will not represent that Buildaur is the appropriate respondent.
Buildaur's sole role with respect to such claims is, where legally required, to forward DMCA notices through the contact at support@buildaur.app and to act on properly served legal process.
4.3 No Liability for Production, Print, or Build Errors.
The Buildaur builder is a design and configuration interface. The data exported from a builder (dimensions, color values, text, image placement, file types, quantities) reflects the inputs and selections made by the End Customer and Super Admin. Buildaur does not produce the physical product, does not operate the printer, press, embroidery machine, cutter, or other production equipment, and does not perform pre-production proofing on your behalf.
The Super Admin is solely responsible for verifying every order before production, including but not limited to: file resolution, color accuracy, spelling, dimensions, quantities, placement, material selection, fitness for the intended garment or substrate, and compliance with the End Customer's expectations. You agree that:
- Buildaur is not liable for misprints, misalignments, color shifts, sizing issues, file conversion artifacts, exported data discrepancies, or any other defect or error in a finished product, regardless of whether the underlying issue could be characterized as originating from the builder, the export, the configuration, or production;
- Buildaur is not liable for any cost of materials, labor, reprints, replacement product, refunds, store credit, chargebacks, or shipping incurred by you in connection with a defective, incorrect, or rejected order — including high-value orders;
- Without limiting the foregoing, Buildaur expressly disclaims any duty to reimburse you for orders that are produced and rejected by an End Customer, even where the dollar value of the order is significant (for example, a $500 print run or larger);
- Your sole remedy for any defect, bug, or issue in the Service itself is the limited remedy described in Section 9 (Warranties and Disclaimers) and Section 10 (Limitation of Liability), subject to the cap in Section 10.3.
You acknowledge and agree that production is a physical process subject to many variables outside Buildaur's control, and that the cost of triple-checking, proofing, and quality-controlling each order before production is a cost of your business that you accept in exchange for the efficiency the Service provides.
4.4 Indemnification by You.
You will defend, indemnify, and hold harmless Buildaur and its officers, members, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) any End Customer order placed through your Buildaur builder; (b) any content, design, image, logo, mark, or text uploaded or generated through your builder; (c) any production, fulfillment, shipping, refund, or customer service issue; (d) your breach of these Terms or violation of applicable law; or (e) your tax obligations.
5. Acceptable Use
You agree not to, and not to permit any sub-user or End Customer to:
- use the Service to produce content that is illegal, infringing, defamatory, harassing, hateful, sexually explicit involving minors, or that promotes violence;
- reverse engineer, decompile, or attempt to derive the source code of the Service;
- circumvent, disable, or interfere with security or access controls, rate limits, or usage limits;
- access or use the Service to build or improve a competing builder product (see Section 8 — Restrictive Covenants);
- scrape, harvest, or bulk-export Buildaur's code, designs, UI, or documentation;
- use the Service in a way that materially impairs availability for other customers.
We may suspend access immediately and without notice for suspected violations of this Section.
6. Intellectual Property
6.1 Buildaur IP.
As between you and Buildaur, Buildaur owns all right, title, and interest in and to the Service, including all software, source code, builder logic, dashboards, APIs, designs, documentation, trade dress, trademarks, and "look and feel," and all intellectual property rights in the foregoing. No rights are granted to you except as expressly set forth in these Terms.
6.2 Your IP.
As between you and Buildaur, you (or, where applicable, your End Customer) own all right, title, and interest in any content, designs, files, logos, or marks that you or your End Customers upload to the Service. You grant Buildaur a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process that content solely as needed to provide the Service.
6.3 Feedback.
If you provide Buildaur with feedback, suggestions, or ideas about the Service, you grant Buildaur a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose without restriction or compensation.
7. Data and Privacy
Buildaur's collection and use of personal information is described in our Privacy Policy. With respect to End Customer personal information that you collect through your Buildaur builder, Buildaur acts as a "processor" or "service provider" on your behalf. The terms of our Data Processing Addendum (DPA) apply where required by law (e.g., GDPR, UK GDPR, CCPA), and the DPA is incorporated by reference. You are the controller of End Customer data and are responsible for providing your own privacy notice to End Customers, obtaining lawful bases or consents where required, and responding to End Customer rights requests.
8. Restrictive Covenants
8.1 Confidentiality.
You agree to keep confidential, and not to disclose to any third party, Buildaur's non-public technical, business, financial, and product information, including the structure and inner workings of the builder, internal documentation, beta features, pricing, roadmap, and any other information marked or reasonably understood to be confidential. This obligation survives termination for five (5) years.
8.2 Non-Compete.
During the term of your subscription and for a period of twenty-four (24) months following termination, you agree not to (and not to assist any third party to), anywhere in the world: (a) develop, sell, license, or operate a multi-product custom builder platform that competes with the Service; (b) reproduce, replicate, or substantially imitate the Service's user interface, builder logic, configuration model, or output schemas; or (c) solicit Buildaur employees or contractors to leave Buildaur or to provide services to a competing builder. The parties acknowledge that this covenant is reasonable and necessary to protect Buildaur's confidential information, goodwill, and substantial development investment, and that Buildaur's remedies at law for breach would be inadequate.
If a court of competent jurisdiction finds the duration, geographic scope, or activity scope of this Section unenforceable, the parties agree the court may reform the covenant to the maximum scope enforceable under applicable law.
8.3 Non-Solicitation of Customers.
You agree not to solicit Buildaur's other Business Clients to migrate away from the Service, and not to use information obtained through the Service to identify or target other Business Clients.
9. Warranties and Disclaimers
Buildaur warrants that it will provide the Service with reasonable skill and care. EXCEPT FOR THE FOREGOING, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." BUILDAUR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BUILDAUR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT BUILDER OUTPUTS WILL BE DEFECT-FREE OR FIT FOR ANY PARTICULAR PRODUCTION PROCESS.
10. Limitation of Liability
10.1 Exclusion of Indirect Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDAUR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, COST OF MATERIALS, REPRINT COSTS, REIMBURSED OR REFUNDED ORDERS, CHARGEBACKS, GOODWILL, OR PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF BUILDAUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Production Errors.
Without limiting Section 10.1, Buildaur will not be liable for any cost or loss arising from production, print, build, fulfillment, or shipping errors, regardless of order value or perceived cause, as further described in Section 4.3.
10.3 Cap on Liability.
BUILDAUR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU ACTUALLY PAID TO BUILDAUR IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
11. Term and Termination
These Terms are effective on the date you first accept them and continue until terminated. You may cancel your subscription at any time, effective at the end of the then-current billing period. Buildaur may suspend or terminate your account immediately for material breach (including the immediate suspension on payment failure described in Section 3.4), violation of Section 5 (Acceptable Use) or Section 8 (Restrictive Covenants), or as required by law. Sections that by their nature should survive (including IP, indemnity, restrictive covenants, disclaimers, limitations of liability, governing law) survive termination.
12. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated by email to your account email of record and posted on buildaur.app at least thirty (30) days before they take effect for existing customers. Your continued use of the Service after the effective date of the changes constitutes acceptance.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of Arizona, without regard to conflict of laws principles. The parties agree to first attempt informal resolution by contacting support@buildaur.app. If unresolved within thirty (30) days, all disputes will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Maricopa County, Arizona. Each party waives any right to a jury trial and to participate in any class or representative action.
14. General
These Terms, together with the Privacy Policy and any DPA, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; Buildaur may assign without restriction. Notices to Buildaur must be sent to support@buildaur.app; notices to you may be sent to your account email of record.
Contact
Buildaur LLC
Email: support@buildaur.app
Website: buildaur.app