End User License Agreement
IMPORTANT. READ CAREFULLY:
This End User License Agreement is deemed to have been executed in Bangalore, India, between BuilderX Software Private Limited and the End User, upon using the BuilderX:
Whereas BuilderX Software Private Limited (Company) also referred to as ‘Company’,’Us’ ‘We’ and ‘Our’, is the proposition, planner, designer, and developer of the BuilderX Software, having its office at No. 18, 2nd Cross Road, N S Palya, 2nd Stage BTM Layout Bengaluru – 560076, Karnataka, India, and is thereby, the owner and proprietor of the said Software.
And Whereas Person/Form/Association of Persons/Company may use the BuilderX Software for developing their respective products, other than developing similar product by using its methods etc., and such Person/Form/Association of Persons/Company is/are hereunder called and referred to as the ‘End User’, ‘Customer’ or ‘You’.
This Agreement shall come into effect upon the commencement of use by End User either on payment of prescribed user fee, or upon commencement of use without fee.
- ‘Effective date’ means the date on which the Software is first made available to You.
- ‘BuilderX’ and ‘Software’ means the product called BuilderX and other web applications, owned and managed by BuilderX Software Private Limited.
- ‘Paid version’ means the use of licensed BuilderX Software on payment of prescribed Fee, with specified access to its features.
- ‘Trial version’ means use of BuilderX Software without payment of fees.
- ‘Updates’ means any modified versions and/or additions to the BuilderX Software.
- ‘Site’ means the website for BuilderX Software Private Limited (https://builderx.io/).
- ‘Service’ means creating projects by accessing https://builderx.io/.
- ‘You’ means the final and/or end user/consumer of BuilderX Software or his/her/its legally authorized representative/s.
We reserve the right to alter/change these End User Terms at our own discretion. The updated version of BuilderX Software End User Terms will be made available on the BuilderX website. The updated version shall stand in effect from the very moment that it becomes accessible to End User. The continued use of the Site by You shall be regarded as Your consent to use the updated version of the BuilderX Software End User Terms.
In order to demonstrate changes as per the requirements of our users, product, legal and business, we reserve the right to update or change the Site whenever we deem it necessary. There is a possibility that the Site might contain certain kind of information pertaining to the Services which might not be entirely accurate. We reserve the right to remove such inaccuracies, defects and make up for the omissions. We reserve the right to change/update the information at any time without any prior notice to that effect.
Additional policies which also apply to Your use of the Software include:
- The BuilderX Software is licensed and not sold, and We reserve all rights of the Software. The license remains valid only for the period for which payment is made.
- The Company is and remains the owner of any intellectual property rights with respect to the Software.
- Your license is valid for a month from the date of purchase. (For instance, if You purchase the license on 24/07/2019, it shall be valid till 24/08/2019). You will have to renew this license, to continue using the Software, unless You have opted for auto renewal.
- If You fail to renew Your license, Your access shall fall back to the free-version of the Software, or be cancelled, whichever applicable.
4. ACCEPTABLE USE
You may not access or use the Software for any purpose other than what the Software is intended for and its use is permitted by us to you on payment of the prescribed Fee or without payment of Fee as Trial version. As an End User of this Software, You agree not to:
- Rent, lease, lend, sell, redistribute, sublicense, commercially exploit either the Paid version or the Trial version.
- Assign the paid version or the trial version to any third party.
- Use the paid or trial version for any unlawful or illegal activity or to facilitate any unlawful or illegal activity.
- Delete or alter any disclaimers, warnings, copyrights or other proprietary notices accompanying the Site.
- Copy, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Software or any part thereof, except to the extent permitted by the applicable law.
- Copy, store, host, send, use, publish or distribute any material which consists of any spyware, computer virus, trojan horse or any other malicious Software.
- Engage in unauthorized framing of or linkage of the Site.
- Use any information obtained from the Software in order to harass, abuse, or harm another person.
- Use the Software or our content as part of any effort to compete with us or to create a revenue- generating endeavor or commercial enterprise.
- Attempt to impersonate another user or person, or use the username of another user.
5. FEE PAYABLE BY USER for BuilderX:
- The End User shall pay the Fee for use of the Software, as indicated in the following link. Fees are mentioned exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, value-added, sales, use or withholding taxes, which can be accessed by any jurisdiction (collectively, ‘Taxes’). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, Customer will reimburse us for such withholding tax.
- BuilderX Software Private Limited may accept the payment for licensing of the Software via its payment collection agent and/or Software distributor/ re-distributor located in different jurisdictions. Even if you are purchasing a license for use of the Software via one of the above, these Terms will still be applicable to you, unless specifically excluded.
- On successful receipt of payment by Us, We will communicate the same and permit You to use the Software with full access to its features, till Your permit expires, as per the Terms of this Agreement.
- On receipt of the Fee amount, a receipt to that effect will be generated, which is subject to further confirmation by us, through an email communication from Us, which will be received by You within 24 hours, from the time of transfer of fee, and immediately thereafter You will be able to get full access to the Software.
- If for any reason, the payment made by You is not credited in the account of the Company or is refunded back to you, then You are not permitted to use the Software.
- The End Users are hereby warned and prohibited from making any attempt to pay the Fee through fraudulent or unlawful means. If We comes to know about the same, then We reserve the right to cancel the permission/access granted to You to use the Software and also inform the concerned and/or jurisdictional Authorities to intervene and take necessary action against You.
6. USE OF DATA
- We receive your metadata which is sent with every request and it includes your system’s operating system details, browser details and IP address, for the sole purpose of generating usage statistics, analytics and crash reports in order to orchestrate a better experience for You while You use the Software. We collect your name, Email ID and may use this information for internal purposes like analytics, sending emails and support. We will not sell your information to any third party organization.
- We may send You emails regarding updates, promotions, license and any other relevant information. You have the option of opting out of promotional and update emails. To do so please write to us at [email protected]
- It is up to You to share your app state with Us while reporting an issue.
- We use Google Analytics for tracking sessions of users which include pages and actions inside the pages. We use Google Adsense for advertisement and promotion of the Software. We use email service providers like MailChimp for email distribution and tracking. We use various Server Providers for hosting and managing of the Software.
- BuilderX can your basic information like Name, Profile Picture, your review of our website, on its website and other promotional publication materials under the clients section.
7. DISCLAIMER/ LIMITATION OF LIABILITY
You agree that the use of the Software by You will be solely at Your own risk, except as expressly set out in these Terms. All warranties, terms, conditions and undertakings, express or implied ( including by statute, custom, usage, a course of dealing or common law) in connection with the Software and respective services and Your use thereof, including the implied warranties of satisfactory quality, accuracy and non-infringement are excluded to the fullest extent permitted by the applicable law.
We are not responsible or liable for any failure to perform or delay in performing our obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond our reasonable control (including but not limited to Labour disputes, Act of God, War or Terrorist activity, Malicious damage, Accidents or Compliance with any applicable law or government order). We will endeavour to minimise the effects of any of these events and to perform the obligations that aren’t affected diligently.
Our responsibility for loss or damage suffered by You:
- We will be responsible for any loss or damage that You suffer which arises out of Our failure in complying with these Terms, provided that it is a foreseeable result of Our breach of these Terms. Provided further, that we would not be responsible for any loss(es) or damage(s) that was/were not foreseeable at the time You started using the Site/Services.
- Notwithstanding anything contrary to the clauses contained in the Disclaimer/Limitation of Liability section, our liability to You for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of INR 1000 or (b) the amount paid, if any, by You to us for the Services/Site during the six (6) month period prior to any cause of action arising.
- We will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Site/Services or with the use of or reliance on any content displayed on our Site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; and/or
- any indirect or consequential loss or damage.
You agree to hold harmless and indemnify BuilderX Software Private Limited and its holdings, subsidiaries, affiliates, officers, agents, and employees from and against any claim, suit or action arising from or in any way related to Your misuse of the Software or violation of this Agreement on Your part, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
- Without limiting any other provision to these Terms, we reserve the right, at our sole discretion and without liability, to terminate access to the Software to any person for any reason, including, but not limited to breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation.
- In the event where We terminate your account unreasonably and prior to the completion of services, we will refund the amount received from You for the said services for the unutilized period back to You, but You will not have any additional claim against us towards compensation or damages whatsoever. If we issue a refund, we are under no obligation to do the same in the future.
- If We terminate or suspend Your account before the stipulated period on account of non-compliance with the Terms, You are prohibited from using and/or accessing this Software and You shall not receive a refund of any amount, if paid by You.
- In addition to terminating or suspending Your account, we reserve the right to take appropriate legal action, including, but not limited to civil, criminal and injunctive redress.
This agreement embodies the entire understanding between the parties with respect to the subject matter of this agreement. By downloading BuilderX, You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email or through Our Site, which shall satisfy any and all legal requirement/s shall be in writing.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
We may assign all of our rights and obligations to others at any time.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of the remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these Terms or use of the Site or Services.
You acknowledge that the configurations or the arrangements of BuilderX or Data which we have installed is subject to Copyright, and in the absence of our written permission, shall not construe that You have been granted a license or permission to copy the configuration or arrangement onto any system.
We reserve the right to refuse granting any permissions to You if You are not aligned with our business operating principles and policies.
We shall not be responsible or liable for any loss, damage, delay or failure to act which is beyond our control.
These Terms shall be governed and construed in accordance with the Laws of India, and any dispute relating to these Terms will be subjected to the exclusive jurisdiction of the courts of Bengaluru, Karnataka, India.
A person who is not a party to this End User License Agreement cannot enforce any of the Terms of the same of whatsoever nature.
Notwithstanding anything contained in this End User License Agreement or any law of End User State/Country, You and the Company emphatically agree that each may bring claims against each other only in its individual capacity, and not through any purported class or representative action
For any questions, comments, or clarifications about this policy, email us at [email protected] or by post to:
Apoorva Sahu, Director
BuilderX Software Private Limited,
No. 18, 2nd Cross Road,
N S Palya, 2nd Stage BTM Layout
Bangalore – 560076, Karnataka, India.