The Terms of Service ("Terms") are a legally binding agreement between Buildzen ("Buildzen", "us", "we", or "our") and the entity or person (“you”, “your”, or “user”) who registered on the buildzen.io website (the "Service") to receive or submit certain project documents, invoices, payments, analytics and other business services that may be offered by the Service and its affiliates. This agreement describes the terms and conditions that apply to your continued use of the Service.
If you do not understand any part of the Terms, please contact us before using the Service.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
When you create an account with the Service, you guarantee that you are above the age of 18, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, obsolete or fake information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
In order to use the payment functionality of the Service, you must open an "Access API" account provided by Dwolla, Inc. ("Dwolla", “Financial Services Provider”) and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You expressly authorize Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize the Service to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You agree that you are not opening the Dwolla account primarily for personal, family, or household purposes. You understand that you will access and manage your Dwolla account through the Service, and Dwolla account notifications will be sent by the Service, not Dwolla. The Service will provide customer support for your Dwolla account activity, and can be reached at support@buildzen.io.
Subcontractors will be charged a 0.20% facilitator fee for receiving ACH payments.
The Service may contain links to third party web sites or services that are not owned or controlled by Buildzen. Buildzen has no control over the content, privacy policies, or practices of any third party web sites or services.
By using the Service, you acknowledge and agree that Buildzen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms of use and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may "delete" it in your account settings and discontinue using the Service. To reactivate an account, simply log in and your account will be reinstated.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Buildzen and its partners, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
In no event shall Buildzen, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Buildzen does not warrant that a) the Service will function uninterrupted or available at any particular time or location; b) any errors or defects will be corrected immediately; c) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
We reserve the right to change, add to or replace these Terms at any time.We may provide you with notice of any changes through the Service, via email or through other means. Your continued use of the Service after after we publish any such changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you are no longer authorized to use the Service.
If you have any questions about the Terms, please contact support.
