These End Customer Terms of Use ("Terms") govern your use of any custom builder powered by Buildaur LLC ("Buildaur," "we," "us," or "our") that you encounter on a third-party merchant's website. By using such a builder, designing or configuring a product, or placing an order, you agree to these Terms.
1. What the Buildaur Builder Does
The Buildaur builder is an interactive design tool that lets you customize a product (such as a DTF gang sheet, a custom transfer, or another configurable item offered by the Merchant) by selecting options, uploading images, entering text, and choosing dimensions. The product types available depend on what the Merchant has enabled in their builder; Buildaur's library of available product types continues to grow over time. When you submit your design through the builder, your selections are sent to the Merchant. The Merchant then decides whether to accept your order and how to produce and fulfill it.
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to place an order through a Buildaur builder. By using the builder, you represent that you meet this requirement and have the legal capacity to enter into binding contracts. If you are using the Service on behalf of a business, you represent that you have authority to bind that business.
3. Account Registration
You may be able to use certain Buildaur builders without creating an account, or you may create a Buildaur account to save designs, view order history, and access related features. If you create an account, you agree to:
- provide accurate, current, and complete information;
- keep your password confidential and not share it with anyone;
- notify us promptly at support@buildaur.app of any unauthorized use of your account;
- accept responsibility for all activity under your account.
We may suspend or terminate accounts that we reasonably believe are being misused, are fraudulent, or violate these Terms.
4. Custom Orders
4.1 Order Specifications.
The Service allows you to design or specify a custom product. You are responsible for the accuracy of the specifications you submit, including any text, images, dimensions, colors, and quantities. Buildaur does not review or verify your specifications and is not responsible for errors in the inputs you provide.
4.2 Intellectual Property — Your Responsibility.
You represent and warrant that any content you submit (including text, photos, logos, characters, slogans, names, and designs) is either owned by you or used with the express permission of the rights holder, and that your submission does not infringe any third party's trademark, copyright, right of publicity, privacy, or other rights. Buildaur does not screen or review uploaded content. If you upload content you do not have the right to use, the resulting legal responsibility is entirely yours.
You agree to indemnify, defend, and hold harmless Buildaur and the Merchant from and against any claim, damages, costs, or fees (including reasonable attorneys' fees) arising out of or relating to content you submit, including any infringement claim brought by a third party.
4.3 Variations.
Custom products may vary slightly in color, size, finish, placement, or appearance from on-screen previews due to monitor calibration, materials, manufacturing tolerances, dye lots, fabric texture, and other factors. The Merchant's policies govern the acceptable range of variation and any remedies for variations outside that range.
4.4 Order Acceptance and Cancellation.
Order acceptance, modification, and cancellation are governed by the Merchant's policies. Once a custom order has been accepted and entered production, it may not be cancellable or refundable. Please review the Merchant's policies before placing an order.
4.5 Production Errors.
Any claim regarding a misprint, misalignment, color shift, sizing issue, defect, or other production error must be made directly to the Merchant under the Merchant's policies. Buildaur is not the producer and is not responsible for the physical product you receive.
5. Payment
Payments are processed through the Merchant's payment processor (typically Stripe). By submitting payment information, you authorize the charge for your order to your selected payment method. Buildaur does not handle, hold, or remit funds for your order. Any payment dispute must be raised with the Merchant first.
6. Acceptable Use
You agree not to use the Buildaur builder to upload, design, or order content that:
- infringes any trademark, copyright, right of publicity, privacy, or other right of any person or entity;
- is defamatory, harassing, hateful, threatening, or promotes violence;
- is sexually explicit, particularly any content depicting minors in a sexual or suggestive manner;
- is unlawful, fraudulent, or used to facilitate unlawful activity;
- contains malware, viruses, or other harmful code;
- attempts to reverse engineer, scrape, or interfere with the operation of the builder.
We may refuse, remove, or report any submission that violates these rules, and we may share related information with the Merchant or with law enforcement where appropriate.
7. Privacy
Buildaur's collection and use of your personal information when you use a builder is described in our Privacy Policy at buildaur.app/privacy. The Merchant's collection and use of your personal information (including your shipping address, contact information, and order details) is governed by the Merchant's privacy policy. You should review both.
8. Intellectual Property
The Buildaur builder, including its software, interface, and "look and feel," is owned by Buildaur and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable license to use the builder solely for the purpose of designing and ordering products from the Merchant. You retain ownership (subject to your representations in Section 4.2) of the original content you upload.
9. Disclaimers
THE BUILDAUR BUILDER IS PROVIDED "AS IS" AND "AS AVAILABLE." BUILDAUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. BUILDAUR DOES NOT WARRANT THAT THE BUILDER WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, AND DOES NOT WARRANT THE QUALITY, ACCURACY, OR FITNESS OF ANY PHYSICAL PRODUCT YOU ORDER FROM A MERCHANT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDAUR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE BUILDER. BUILDAUR'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). ANY DISPUTE REGARDING THE PHYSICAL PRODUCT, FULFILLMENT, REFUNDS, OR CUSTOMER SERVICE MUST BE BROUGHT AGAINST THE MERCHANT, NOT BUILDAUR.
11. Indemnification
You agree to defend, indemnify, and hold harmless Buildaur and its officers, members, employees, and agents from and against any claim, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) any content you submit through the builder; (c) any violation of a third party's intellectual property, privacy, or publicity rights resulting from your submissions; or (d) your interaction with any Merchant.
12. Termination
We may suspend or terminate your access to the builder at any time for any reason, including violation of these Terms. Sections that by their nature should survive (including disclaimers, limitations of liability, and indemnification) survive termination.
13. Changes to These Terms
We may update these Terms from time to time. The "Effective Date" at the top reflects the date of the latest version. Material changes will be posted on buildaur.app, and your continued use of any Buildaur builder after the changes take effect constitutes acceptance of the updated Terms.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Arizona, without regard to conflict of laws principles. Disputes between you and Buildaur will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Maricopa County, Arizona. You waive any right to a jury trial and to participate in any class or representative action with respect to claims against Buildaur.
15. General
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Buildaur regarding the builder. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent. Buildaur may assign these Terms without restriction.
Contact
Buildaur LLC
Email: support@buildaur.app
Website: buildaur.app