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Welcome to GoBuid Technologies! Please carefully review the following Terms of Service ("Terms") before using our Software-as-a-Service (SaaS) platform. These Terms govern your use of our services and establish a legal agreement between you and GoBuid Technologies. By accessing or using our services, you agree to be bound by these Terms.
When we say "GoBuid Technologies", "Company", "we", "our", or "us" in this document, we are referring to GoBuid Technologies Co., Ltd.
1. Definitions
- "SaaS Platform" refers to the software platform provided by GoBuid Technologies, including all associated features, functionalities, and services.
- "User" refers to any individual or entity accessing or using our SaaS Platform
2. Acceptance of Terms
By accessing or using our SaaS Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any provisions of these Terms, you may not use our services.
3. Modifications to Terms
GoBuid Technologies reserves the right to modify these Terms at any time, at our sole discretion. Any modifications will be effective immediately upon posting on our website or notifying users through other appropriate means. It is your responsibility to periodically review these Terms for any changes. Your continued use of our services after any modifications constitutes your acceptance of the revised Terms.
4. Use of the SaaS Platform
4.1 Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our services. By using our services, you represent and warrant that you meet these requirements.
4.2 User Account: To access certain features of our SaaS Platform, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and agree to be solely responsible for all activities that occur under your account.
4.3 Use Restrictions:
- You may not do or attempt to do or facilitate a third party in doing any of the following: (i) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Platform, Apps, or Services without our prior written authorization; (ii) circumvent, disable, or otherwise interfere with security-related features or features that prevent or restrict use or copying of any Content; (iii) use the Platform, Apps, or Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (iv) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, Apps, or Services, including framing or mirroring any part of the Platform, Apps, or Services; (v) use or access another user’s Personnel Profile or password without permission; and/or (vi) use Platform, Apps, or Services or content thereon in any manner not permitted by these Terms or applicable law.
- GoBuid disclaims all liability, regardless of the form of action, for the acts or omissions of any and all users (including unauthorized users), whether such acts or omissions occur during the use of the platform, apps, or services or otherwise.
4.4 Prohibited Activities: You agree not to engage in any activities that are unlawful, violate any third-party rights, or interfere with the proper functioning of our SaaS Platform. Prohibited activities include, but are not limited to, unauthorized access to our systems or data, distribution of malware or other harmful content, reverse engineering of our SaaS Platform, violation of intellectual property rights, and engaging in offensive behavior towards other users or our team members.
4.5 Payment, Refunds, and Plan Changes:
- We offer transparent pricing plans and handle payment securely. We reserve the right to modify our pricing plans and services, and we will provide reasonable notice of any changes.
- If you subscribed to one of our paid plans, as an Account Owner on behalf of a Customer, you agree that the Customer will pay GoBuid the fees as specified on our website in accordance with the plan for which you have registered (“Fees”). We reserve the right to change the Fees at any time, upon notice to Customer if such change may affect Customer’s existing subscriptions upon renewal. In the event of failure to collect the Fees owed by Customer, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the Account, without notice.
- Payments are to be made on a monthly or yearly basis, in accordance with the applicable plan, in advance of the applicable month or year. You will be asked to provide customary billing information such as name, billing address, and credit card information either to GoBuid or its third-party payment processor(s). You hereby authorize the collection of such amounts by charging the credit card provided, either directly by GoBuid or indirectly, via a third party online payment processor or by one of the payment methods described in the Services and in accordance with the payment schedule of the applicable plan. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s Personal Data collection practices. Please review such party’s terms and conditions and privacy policy before using such services. Except as expressly provided in these Terms, Fees are non-refundable.
- Where applicable, taxes may also be charged. It is the Customer’s responsibility to determine whether it is required to pay any applicable taxes and to clarify such information when making a payment. GoBuid does not accept any responsibility for the calculation or collection of any applicable taxes.
- All payments should be made in U.S. dollars unless otherwise agreed. Please note that GoBuid may impose or deduct foreign currency processing costs on or from any payments or GoBuid by Customer in currencies other than U.S. dollars. When converting currency, prices may be rounded up to the nearest whole number.
- Subscriptions can be canceled at any time. No refunds will be granted for any pre-paid amounts, whether a monthly or yearly subscription.
- For the provision of remunerated Services, including those that offer a complimentary trial period, the duration of the trial shall be explicated upon your registration. Subsequent to the expiration of said trial period, the continuation of Service employment necessitates an advance payment. Failure to remit the requisite payment shall result in the suspension of your account, rendering it inaccessible until such time as payment is rendered. In the event that your account remains suspended for an extended period, it shall be placed in a queue for automatic termination. Further particulars regarding the cancellation process are elucidated in our Cancellation policy.
- In the event of an upgrade from a cost-free plan to a compensated plan, your credit card shall be promptly charged, commencing the billing cycle on the day of the upgrade. In cases of other plan upgrades or downgrades, the modified rate shall become effective from the ensuing billing cycle.
- All fees quoted are exclusive of any and all taxes, levies, or duties imposed by relevant taxing authorities. The responsibility for the payment of all taxes, levies, or duties rests solely upon you.
4.6 Cancellation and Termination:
- You have the right to cancel your account at any time. We also reserve the right to suspend or terminate your account and refuse any current or future use of our services for any reason. The account cancellation process is solely the responsibility of the account holder. Please note that sending an email or making a phone request to cancel your account does not automatically constitute cancellation. Should you require assistance with the cancellation process, our Support team is readily available for contact.
- Upon cancellation of your account, all of your content will immediately become inaccessible through the Services.
- If you choose to cancel the Service prior to the conclusion of your current paid month, the cancellation will take immediate effect, and no further charges will be incurred. Please note that unused time within the last billing cycle will not be automatically prorated.
- We reserve the right to suspend or terminate your account, as well as decline any present or future usage of our Services, at any time and for any reason. In the event of suspension, both you and any other users associated with your account will be unable to access the account or its content. Termination will result in the deletion of your account, the revocation of your access to said account, and the forfeiture and relinquishment of all content contained therein. Furthermore, we retain the right to deny the use of our Services to any individual, at any time and for any reason.
5. Intellectual Property Rights
5.1 Ownership
- GoBuid Technologies retains all rights, title, and interest in and to our SaaS Platform, including all intellectual property rights.
- These Terms do not grant you any rights to use our company name, logo, trademarks, or any other proprietary information.
5.2 GoBuid, its affiliates or its licensors, as the case may be, have all rights, title, and interest in the Platform, Apps, Services (including the API) and all Content thereon (excluding User Content), including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein registered and unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Platform, Apps, Content or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform, Apps, Content or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms shall be construed as granting you any right to use any trademark, service mark, logo, or trade name of GoBuid or any third party. If you provide GoBuid with any feedback regarding the Platform, Apps, Content, and/or Services, Gobuid may use all such feedback without any consideration to you and without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
5.3. By submitting or posting any User Content, you grant GoBuid and its successors and assignees a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, alter, decompile or publicly perform such User Content on, through or in connection with the Services, Platform and Apps in any media format and through any media channels for the purposes of (i) provision of Services, including addressing technical, fraud or security issues and resolving support requests; (ii) investigating when we have a good faith belief, or have received a complaint alleging, that such User Content violates these Terms; (iii) complying with a valid legal subpoena, request, or other lawful process; (iv) as expressly permitted in writing by you, or (v) as otherwise permitted under these Terms.
5.4. The Services and/or the Site may have certain features that allow you to submit User Content, such as comments, information, and other materials publicly (collectively, “Public Materials”) and share such Public Materials with the public and/or other users. You are and shall remain fully responsible for any Public Materials you submit. By submitting Public Materials, you grant us a free license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Public Materials for any lawful purpose, including promotion of the Services and/or the Site in any media format and you hereby waive or assign (subject to applicable law) any rights you might have with respect to the public Materials.
6. Content and User Content
6.1 Content:
- Certain types of content may be made available through the Platform, Apps, and/or Services. “Content” means, collectively, all content on or made available on or through the Platform, Apps, and/or Services, including any images, photos, pictures, videos, reports, or recommendations and any modifications or derivatives of the foregoing.
- Content on the Platform and Apps comes from a variety of sources. You understand that GoBuid is not responsible for the accuracy, usefulness, safety, appropriateness of, or infringement of any intellectual property rights of or relating to this Content, including but not limited to the User Content (as defined below) of other users. Although users (including Customers, Account Owners, Administrators, and Employees) must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such offensive or obscene materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
- GoBuid does not endorse any content (including but not limited to any user content) or any opinion, recommendation, or advice expressed in any content and expressly disclaims any and all liability in connection with content and/or user content.
6.2 User Content:
- GoBuid allows you and other users, whether Account Owners, Employees, or Administrators, to upload certain content including but not limited to logos, images, photos, textual materials, and/or additional materials and Content. All content uploaded by users is referred to as “User Content”.
- You are and shall at all times remain fully and solely responsible for any User Content you upload to the Services and the consequences of posting, publishing, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You represent and warrant that (a) any User Content you upload: (i) complies with applicable law; (ii) does not infringe or violate any third-party intellectual property rights, privacy, publicity rights, moral rights, and/or any other rights; and (b) You have all necessary rights and authorities to submit such User Content.
- By providing or sharing User Content through the Service, you agree to allow others and GoBuid team to view, edit, and/or share your User Content in accordance with the settings set by You (and, in the case of an Employee, by the Account Owner or Administrator) and these Terms. The User Content may be viewed or shared with others in accordance with your employer settings and the Privacy Notice.
- Anyone receiving or viewing User Content may use information you provided through such User Content for purposes other than those you intended. We are not responsible for the use of any Personal Data that you disclose through the Services by any third party. By making any information available through the Platform or an App you acknowledge that you understand and have agreed to such risks.
- GoBuid has no obligation to accept, display, review, maintain or approve any request to publish or maintain any User Content. Moreover, GoBuid reserves the right to refuse to publicize, remove and/or permanently delete any User Content uploaded by you, without notice and for any reason and at any time.
- Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that: (a) restricts or inhibits use of the Platform, Apps, and/or Services; (b) violates the legal rights of others, including defaming, abusing, stalking or threatening users; (c) infringes (or results in the infringement of the intellectual property, moral, publicity, privacy, and/or other rights of any third party; (d) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, unauthorized, or violent, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (e) does not comply with all applicable laws, rules and regulations; (f) publishes falsehoods or misrepresentations that may damage us or any third party; (g) imposes an unreasonably or disproportionately large load on our infrastructure; or (h) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (1) material that we determine to be offensive, including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity, (2) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (3) pornography or obscene material, (4) any virus, worm, trojan horse, or other harmful or disruptive component, or (5) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
- GoBuid has the right to monitor and/or moderate the User Content. Notwithstanding the above, if notified by a user or a third party that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice; provided, however, that GoBuid reserves the right to treat User Content as content stored at the direction of users for which GoBuid will not exercise editorial control, except when violations are directly brought to GoBuid’s attention, and in such cases GoBuid will act in accordance with applicable law.
- You bear full responsibility for all content posted and activities undertaken within your account, encompassing both the content contributed and activities performed by any users associated with your account.
- Please note that only human individuals are eligible to register accounts. Accounts established by means of "bots" or any other automated methods are strictly prohibited.
7. Copyright
7.1 GoBuid will take appropriate action against any user who violates the intellectual property rights of third parties. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) and similar applicable laws, GoBuid reserves the right to remove any User Content that infringes upon these rights. It is important to note that GoBuid is not obligated to routinely monitor all User Content for compliance or validate its usage; therefore, GoBuid waives any liability for legal action related to copyright infringement validation. However, in cases of repeat infringement, GoBuid will terminate the Customer Accounts or Personnel Profiles of offending users when appropriate.
7.2 You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.
8. Privacy and Data Protection
8.1 Privacy Policy: Our Privacy Policy governs the collection, use, storage, and disclosure of your personal information. By using our services, you consent to the terms of our Privacy Policy.
8.2 Data Security: GoBuid Technologies takes reasonable measures to protect the security of your data. However, you acknowledge that no system is completely secure, and GoBuid Technologies cannot guarantee the absolute security of your data. You are responsible for maintaining the security of your account and password. Additionally, Users are solely responsible for the information they choose to share or post on external platforms. GoBuid does not bear any responsibility for data breaches, information leaks, or hacking incidents arising from the user's own actions or negligence in handling their information. By using GoBuid's software, you agree that GoBuid shall be fully indemnified and protected from any legal claims or liabilities related to such incidents.
8.3 If you are registering to use the Platform, Apps, or Services as an Account Owner on behalf of a Customer, you further represent and warrant that: (a) when we process Personal Data of the Customer’s Personnel on its behalf for the purpose of provision of the Services, the Customer will at all times be considered the data Controller (as defined in the GDPR, or equivalent term under any applicable law) and shall be responsible for compliance with its obligations as data Controller under applicable law, including the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”) and we shall act solely as a data Processor (as defined in the GDPR or equivalent term under any applicable law) (while Personal Data we process as a data Controller is detailed in our Privacy Notice); (b) the Customer has and shall maintain throughout the term of these Terms and the DPA all necessary legal bases, rights and/or consents required under applicable law in order to provide GoBuid Personal Data and allow us provide the Services and process the Personal Data as contemplated by these Terms, the DPA and the Privacy Notice (as applicable); (c) the Customer shall ensure that a record of such legal basis is maintained, as required under applicable law;
8.4 The Customer is solely liable and responsible for controlling who becomes a user and what are the settings and privileges for such user. Any action taken by a user of the Customer Account is deemed by us as an authorized action by the Customer, and you shall have no claim towards us in this regard.
8.5 By connecting a third-party service to the Services, as may be permitted through the Services, you (a) represent and warrant that you have all required rights, licenses, permits, and consents to do so, and (b) grant us permission to access and use your information from that service as permitted by that service.
9. Termination
9.1 Termination by You: You may terminate your use of our services at any time by discontinuing your access to the SaaS Platform and deleting your user account.
9.2 Termination by GoBuid Technologies: GoBuid Technologies reserves the right to terminate or suspend your access to our services, in whole or in part, at any time and for any reason, without prior notice or liability.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or relating to these Terms or your use of our services shall be resolved exclusively by the competent courts of [Jurisdiction].
11. Miscellaneous
11.1 Entire Agreement: These Terms constitute the entire agreement between you and GoBuid Technologies regarding the subject matter herein and supersede all prior or contemporaneous communications and proposals.
11.2 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
11.3 Waiver: The failure of GoBuid Technologies to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
12. Changes to Terms, Plans, Pricing, and Services
12.1 Modifications: GoBuid Technologies reserves the right to modify, update, or replace these Terms, our pricing plans, and the features and functionalities of our services, including the addition or removal of any services or offerings, at any time and in our sole discretion. Any changes will be effective immediately upon posting on our website or notifying users through other appropriate means.
12.2 Notification: GoBuid Technologies will make reasonable efforts to notify users of any material changes to these Terms or our services. However, it is your responsibility to review these Terms periodically for any updates or modifications. Your continued use of our services after any changes constitutes your acceptance of the revised Terms.
12.3 Pricing Changes: GoBuid Technologies may revise the pricing for our services at any time. We will make reasonable efforts to notify you in advance of any price changes. However, we reserve the right to modify the pricing without prior notice.
12.4 Effects of Changes: Any modifications to these Terms, plans, pricing, or services shall not affect the rights or obligations that arose prior to such changes. You acknowledge that GoBuid Technologies shall not be liable to you or any third party for any modifications, price changes, or discontinuation of services.
12.5 Features and Bugs: GoBuid Technologies may add or remove features or functionalities to our services at any time. We will make reasonable efforts to notify users of any material changes to our services. However, it is your responsibility to review these Terms periodically for any updates or modifications. Your continued use of our services after any changes constitutes your acceptance of the revised Terms.
- We strive to provide high-quality services, but we cannot guarantee that our services will meet all specific requirements or be completely error-free. We reserve the right to modify or discontinue any part of our services, and we do not guarantee the elimination of all bugs. We appreciate your feedback and will work to address reported issues.
- Our Services are thoughtfully designed, drawing upon our own expertise and insights gained from customer feedback and experiences. However, it is important to acknowledge that no service can cater to the preferences of every individual. We do not provide any explicit guarantees that our Services will meet your specific requirements or align with your expectations.
- Furthermore, prior to deployment, we subject all features of our Services to testing. Nevertheless, like any software, our Services may contain certain bugs or errors. We diligently track and address reported bugs, prioritizing those that relate to security or privacy concerns. However, it is important to note that not all reported bugs will necessarily be resolved, and we cannot guarantee a completely error-free experience with our Services.
- We retain the right, at our discretion, to modify or terminate any aspect of our Services, whether temporarily or permanently, with or without prior notice.