Terms of Service

1. Acceptance of these terms

These Terms of Service (“Terms”) govern your access to and use of the CustomBuilds websites, applications, AI strategist, and related services (the “Services”). By creating an account or using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

Our Privacy Policy, Cookie Policy, Acceptable Use Policy, and, where applicable, our Data Processing Addendum and Service Level Agreement are incorporated into these Terms by reference.

2. Accounts

You must be at least 18 years old and able to form a binding contract to use the Services. You agree to provide accurate registration information and keep it up to date.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, including activity by team members you invite. Notify us immediately at legal@custombuilds.ai if you suspect unauthorized access.

3. Free tier

You may sign up for a free account with limited features and usage allowances. We may change, limit, or discontinue the free tier at any time. Free accounts are provided as is, are not covered by our Service Level Agreement, and may be suspended or deleted after an extended period of inactivity following notice to the account email.

4. Engagements, fees, and payment

CustomBuilds engagements are priced per scope and are not monthly subscriptions. Before any paid work begins, we provide a written proposal or statement of work that describes the scope, deliverables, fees and payment terms. The proposal you accept governs that engagement, and these Terms apply to it.

Fees are due as set out in your accepted proposal and may be paid by card through our third-party payment processor or by another method we agree in writing. Any change to the agreed scope is documented and priced before it begins.

Your account includes limited usage allowances, such as AI strategist requests, at no charge. When you reach those allowances, you may purchase additional capacity at the published rates. We never charge for usage beyond your allowance unless you choose to buy additional capacity.

If a payment fails, we may retry the charge and may suspend paid features until the balance is paid. Fees are exclusive of taxes, which you are responsible for paying except for taxes on our net income.

5. Cancellations and refunds

Cancellation of an engagement is governed by the terms of your accepted proposal. Unless the proposal states otherwise, fees for work already completed and for purchased capacity remain payable.

Except where required by law or expressly stated in these Terms or our Service Level Agreement, fees are non-refundable, and we do not provide refunds or credits for unused allowances. If you believe you were charged in error, contact us within 60 days of the charge.

6. Acceptable use

You agree to use the Services only in compliance with these Terms, our Acceptable Use Policy, and all applicable laws. We may suspend or remove content or accounts that we reasonably believe violate the Acceptable Use Policy.

7. Customer content and intellectual property

You retain all rights in the project briefs, prompts, files, and other materials you submit (“Customer Content”). You grant CustomBuilds a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Content solely to provide, secure, and support the Services. You represent that you have all rights necessary to grant this license.

As between you and CustomBuilds, and subject to your compliance with these Terms and payment of applicable fees, you own the outputs and deliverables generated for you through the Services, to the extent permitted by law. Similar outputs may be generated for other users, and you do not acquire rights in outputs generated for others.

CustomBuilds and its licensors own all rights in the Services, including software, models, templates, designs, and documentation. We grant you a limited, non-exclusive, non-transferable right to use the Services while your account is active. If you send us feedback, we may use it without obligation to you.

8. AI output disclaimer

The AI strategist and other AI features generate content and recommendations automatically. Outputs may be inaccurate, incomplete, outdated, or not suited to your circumstances, and they do not constitute legal, financial, tax, or other professional advice.

You are responsible for reviewing outputs, verifying facts and claims, and ensuring that any content you publish or campaign you run complies with applicable laws, including advertising, consumer protection, and intellectual property laws.

9. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to employees, contractors, and service providers who need to know and are bound by similar obligations.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information when required by law after giving reasonable notice where permitted.

10. Disclaimer of warranties

Except as expressly stated in these Terms or our Service Level Agreement, the Services are provided “as is” and “as available.” To the fullest extent permitted by law, CustomBuilds disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Services will be uninterrupted, error-free, or that outputs will achieve any particular business result.

11. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of their possibility.

Each party's total liability arising out of or relating to these Terms will not exceed the amounts you paid to CustomBuilds in the 12 months before the event giving rise to the claim, or $100 if you have not paid any fees. These limits do not apply to your payment obligations, a party's indemnification obligations, or liability that cannot be limited by law.

12. Indemnity

You will defend and indemnify CustomBuilds and its officers, employees, and agents against third-party claims, and related losses and reasonable legal fees, arising from your Customer Content, your use of outputs, or your violation of these Terms or applicable law.

CustomBuilds will defend you against third-party claims alleging that the Services, as provided by us, infringe that third party's intellectual property rights, and will pay resulting damages finally awarded or agreed in settlement. This obligation does not apply to claims arising from Customer Content, outputs generated from your inputs, modifications you make, or combinations with items we did not provide.

13. Termination

You may stop using the Services and close your account at any time. We may suspend or terminate your access if you materially breach these Terms and fail to cure the breach within 15 days of notice, immediately for serious violations of our Acceptable Use Policy or for non-payment, or if required by law.

Upon termination, your right to use the Services ends. You may export your Customer Content for 30 days after termination, after which we may delete it as described in our Privacy Policy. Sections that by their nature should survive termination, including those on fees owed, intellectual property, confidentiality, disclaimers, limitation of liability, and indemnity, will survive.

14. Governing law, changes, and general terms

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising from these Terms, and each party consents to that jurisdiction.

We may update these Terms from time to time. If we make material changes, we will notify you by email or within the Services at least 30 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

These Terms are the entire agreement between the parties regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in effect. Neither party may assign these Terms without the other's consent, except in connection with a merger, acquisition, or sale of substantially all assets. Questions about these Terms may be sent to legal@custombuilds.ai.