Terms of Use

Effective as of October 26, 2026

Last updated: October 26, 2026

(Web Version 1.0)

Welcome to the Builda website (the “Website”), operated by Oceano HK Holding Limited (the “Company,” “Builda,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Website and its related online features and services (collectively, the “Services”). If another version of Builda is offered through a different channel, its applicable terms and account arrangements will be stated separately.

The Builda Services allow users to convert artwork uploaded through the Website into AI-driven 2D/3D content, including 2D images and 3D previews of customized products. To use the Services, users provide supported 2D artwork. Our proprietary 2D/3D foundation model is then applied to generate tailored content. Users may select product forms and specifications and order customized physical products based on their artwork and the resulting previews. Creations and orders can be viewed in My Builda.

Various options within the Services may be available at no cost, while purchases of customized physical products and any other paid features require payment. If we offer subscriptions, points, credits or similar programs in the future, the applicable prices and additional terms will be presented when those features are offered.

PLEASE READ THESE TERMS OF USE CAREFULLY:

These Terms apply to visitors and registered users of the Website.

By accessing or using the Website, creating an account, or placing an order, you agree to these Terms and represent that:

The term “You” refers to the individual or legal entity, as applicable, identified as the user when you registered to use the Services. If you do not agree to be bound by these Terms, do not use the Website.

Please be aware that Section 16 (dispute resolution) of these Terms, below, contains provisions governing how disputes that you and we have against each other are resolved, including, without limitation, any disputes that arose or were asserted prior to the effective date of these Terms. In particular, it includes an arbitration agreement which, with limited exceptions, requires disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement:

Section 16 applies differently depending on where you live. If you are not a resident of the United States, Section 16.7 applies to you in place of Sections 16.3 to 16.6, and the waivers described in (a) and (b) above do not apply to you.

Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the "Agreement."

WE MAY UPDATE THESE TERMS FROM TIME TO TIME AS DESCRIBED BELOW.

When changes are made, we will post the updated Terms on the Website and update the “Last updated” date. If required by applicable law, we will provide additional notice or seek your acceptance before a material change takes effect.

Company may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).

PLEASE REGULARLY CHECK TO VIEW THE THEN-CURRENT TERMS OF THIS WEBSITE.

1.1 Use of Services. You may use the Builda Services to upload supported 2D artwork and convert it into AI-driven 2D images and 3D previews using our 2D/3D foundation model. You may select a product form and specifications and order a customized physical product based on your artwork and the resulting previews. Product forms and available specifications are those shown on the Website. The 3D model is available for preview only; where offered, you may download the corresponding 2D image.

1.2 Company Properties. The Website, and the technology, interface, design, software, models and other materials we provide in connection with the Website and any other Builda Services (collectively, the “Company Properties”) are protected by copyright and other applicable laws throughout the world. Unless otherwise specified by Company in a separate license, your right to use them is limited to the rights expressly granted in these Terms.

1.3 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions:

2.1 Registering Your Account. To access certain Website features, you may be required to register a Website account (“Account”), in which case you are a “Registered User”. You may register or sign in using an email verification code or Google sign-in where offered. Your Account provides access to your Website creations and orders in My Builda. If the same email address is used for both Website sign-in methods, we may recognize it as the same Account after appropriate verification.

2.2 Registration Data. In registering an account or otherwise using the Services, you agree to:

2.3 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Builda.

3.1 Types of Content. You acknowledge that all artwork, images, text, previews, materials and other content made available through the Services (collectively, “Content”) are the sole responsibility of the party from whom such Content originated. This means that you, and not Company, are entirely responsible for all Content that you upload, submit, email, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”). Your Content includes the artwork and other materials you upload or submit, project and product names you enter, and the 2D images and 3D previews generated for you through the Services. You are responsible for having the rights and permissions needed to use Your Content to create and order a customized product. The rights in and licenses to Your Content are addressed in Section 4.

3.2 No Obligation to Pre-Moderate Content. You acknowledge that Builda has no obligation to pre-moderate Content, although Builda reserves the right in its sole discretion to pre-moderate, refuse, restrict or remove any Content.

By entering into this Agreement, you hereby grant your irrevocable consent to such moderation. In the event that Builda pre-moderates, refuses, restricts or removes any Content, you acknowledge that Builda will do so for Builda’s benefit, not yours. Without limiting the foregoing, Builda reserves the right to remove any Content that violates this Agreement or is otherwise deemed objectionable.

We may decline to create a preview or fulfill an order if the requested content is unlawful, infringes third-party rights, or cannot reasonably be produced using the available process. If a paid order is declined, any refund will be handled under Section 8 and applicable law.

3.3 Storage and Historical Creations. “My Builda” displays creations and orders associated with your Website Account, including both ordered creations and generated 3D previews for which no order has been placed. These creations remain available in your Account while it is active, subject to your deletion choices, this Agreement and reasonable technical or storage limits notified through the Services. An asset shown in My Builda does not by itself constitute an accepted order or a commitment to manufacture it.

You may organize creations by project or series, rename or delete a project where those functions are offered, and review associated orders. Deleting a project may remove its previews from your active Account, but does not erase records we must retain for completed orders, legal compliance, security or disputes. You should retain your own copy of any downloadable 2D image you wish to keep.

Except as expressly agreed by Builda in writing or required by applicable law, Builda does not undertake to archive or retain Your Content beyond the storage features described above. To the extent permitted by applicable law, Builda has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; failure to store, transmit or receive transmission of Content; or the security, privacy, storage or transmission of other communications originating with or involving use of Company Properties.

You agree that Builda retains the right to create reasonable limits on use and storage of Content, including Your Content, such as limits on file size, storage space and processing capacity, as described in the Services or otherwise determined by Builda in its sole discretion, subject to applicable law. Storage and retention of Personal Data are also subject to our Privacy Policy.

3.4 Current Features and Future Development. At present, My Builda is a private Account area for your creations and orders. The Website does not currently provide user posting, following, comments, ratings or a public creation feed. Links to an official Builda Discord group lead to a separate third-party service governed by its own terms and privacy practices. We may introduce community, publishing or other features in the future and make applicable Supplemental Terms or guidelines available when they are offered; nothing in this Section commits us to launch any such feature.

If we offer public features in the future and you choose to Make Available Your Content publicly, you understand that it may be viewed, shared and used by others. You remain responsible for what you choose to publish and should not publish private or confidential material or content you do not have the right to share. The User Conduct restrictions and any applicable guidelines will apply. Builda may, but is not obligated to, review, moderate, refuse, restrict or remove Content or interactions and limit access to those features in its discretion. You may report content-related concerns using the email address in Section 17.9; intellectual-property complaints should follow Section 12. We may take any action we consider appropriate but do not guarantee that any particular Content will be removed.

3.5 Potential Creator Cooperation. From time to time, Company may review creations made available through the Services and invite users to discuss further development, production, promotion or distribution of selected creations or products. Any such cooperation is discretionary and subject to a separate agreement or applicable program terms accepted by the parties, covering the relevant authorizations, rights, obligations and commercial arrangements. Uploading Content, generating a preview, ordering or receiving a sample, or expressing interest does not itself guarantee selection or any further production or commercial opportunity. This Section does not limit the licenses granted under Section 4.

4.1 Company Properties. Except with respect to Your Content, you agree that Company and its suppliers own all rights, title and interest in Company Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Company Properties.

4.2 Your Content. Builda does not claim ownership of Your Content. However, when you upload or submit Your Content through the Website, you represent and warrant that you own or have all rights, permissions and consents necessary to use, license, reproduce, modify, adapt and create derivative works from Your Content and to authorize Builda and its service providers to generate 2D images and 3D previews and manufacture and deliver customized products ordered by you. You remain responsible for any third-party intellectual-property, privacy or publicity rights in Your Content.

4.3 License to Your Content. Subject to any applicable account settings that you select, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, license, reproduce, modify, adapt, process, display and otherwise exploit Your Content (in whole or in part) for the purposes of operating, providing, improving and promoting the Services, generating and displaying previews, assessing manufacturability, and making and delivering products you order. This includes sublicensing to our AI, production, logistics and other service providers for those purposes. Any public display of Your Content outside your private Account area is subject to any separate authorization required by applicable law.

You warrant that the holder of any intellectual-property or moral rights in Your Content has validly granted you the rights needed to grant the license above. The Website does not currently make Your Content available to other users through a public community, feed, ratings or comments feature. If such features are offered later, the applicable terms will be presented when they are offered.

You agree that you, not Company, are responsible for all Your Content that you make available through the Website. Your Content must not contain nudity, violence, sexually explicit or offensive subject matter as determined by Company in its sole discretion. You may not submit another person’s artwork, likeness or personal information, or request a physical product based on it, without the necessary permissions.

The license above continues for as long as necessary for the purposes stated in Section 4.3, including completion of orders, routine back-ups, legal compliance, security and dispute resolution, subject to applicable law and the Privacy Policy.

4.4 No Infringement, Misappropriation and Claims. You represent and warrant that Your Content, the products you request, and your use of the Services do not violate, infringe or misappropriate any Intellectual Properties or other rights of any person or entity.

For the purposes of these Terms of Use, “Intellectual Properties” means any and all of the following:

4.5 User Inputs and Outputs. Builda uses AI technologies (“AI”) to process the 2D artwork and related product information you submit through the Website (the “Input”) and generate and return 2D images and 3D previews (the “Output”). The current product-creation workflow does not support text prompts, camera capture, video or 3D-file uploads. As set forth in these Terms, Builda reserves the right, but not the obligation, to review or monitor Inputs and Outputs using automated and manual tools. You may download the corresponding 2D image where offered; the 3D model is available for preview and is not downloadable.

Builda does not claim ownership of any of your Inputs or Outputs. As between you and us, you retain all ownership rights you may have in your Inputs and Outputs. You acknowledge that we may use Inputs and Outputs to operate the Services and to train, enhance, evolve and improve our own AI models, algorithms and related technology, products and services (including for labeling, classification, content moderation and model-training purposes), in accordance with our Privacy Policy and any applicable choices described there. AI-generated material may not qualify for exclusive intellectual-property protection under applicable law.

Certain generation features may transmit your Inputs to, and rely on, third-party AI models and tools. Their processing of personal data is described in our Privacy Policy.

To enable the foregoing, you grant us a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers) license to host, store, reproduce, modify (for example, for formatting and technical adaptation), process and use your Inputs and Outputs as necessary to provide, secure, operate and improve the Services and our models for the purposes described above, consistent with our Privacy Policy and subject to any choices described therein. This license also covers assessment, manufacture and delivery of products you order. Deletion of Inputs or Outputs or closure of your Account is subject to the continuing rights granted in Section 4.3 and retention needed for completed or pending orders, anonymized, de-identified or aggregated data, legal compliance, security, dispute resolution and routine back-ups, in each case subject to applicable law and the Privacy Policy.

4.6 Nature of AI Outputs; Transparency. You understand and agree that Outputs are generated by AI technologies. Outputs may be inaccurate, incomplete, out of date, or otherwise inappropriate; may not be unique; and the same or similar Outputs may be generated for other users. Outputs do not constitute professional, legal, medical, financial or other advice and should not be relied upon as such. Given the nature of machine learning, Outputs may not be unique across users and may resemble Outputs provided to others. You are solely responsible for evaluating Outputs and for your use of any Inputs and Outputs, including for verifying their accuracy and suitability and for ensuring that your Inputs and your use of Outputs comply with this Agreement, applicable law and any third-party rights, and that, where required by applicable law, you clearly disclose that content was generated using AI technologies. The 2D images and 3D previews are illustrative. A manufactured product may differ in color, texture, size, detail or finish because of screen display, modeling and production processes; the applicable specifications and any stated tolerances are those shown at checkout or in the product description.

4.7 Restrictions on AI Features and Outputs. In connection with the AI features and any Outputs, you shall not: (a) remove, obscure, alter or fail to display any notice, watermark, metadata or label indicating that content is AI-generated; (b) represent that Outputs were created by a human where doing so is prohibited by, or would be misleading under, applicable law; (c) use any Inputs, Outputs or other part of the Services to develop, train or improve any artificial-intelligence or machine-learning model, algorithm or product that competes with the Services or our models, or to engage in model extraction, scraping or reverse engineering; or (d) use the AI features to generate, or attempt to generate, any content that violates the “User Conduct” section below or applicable law. The Website does not authorize the download, extraction or redistribution of 3D preview files. A downloadable 2D image may carry an AI-origin notice or watermark.

4.8 Display Name. If a display name (which may be a pseudonym) or profile image is offered and you add one to your Account, you authorize Builda to display it within your Account and in communications needed to provide the Services. If we later offer public features and you choose to use them, the applicable terms will describe any public display of that information.

4.9 Feedback. You agree that submission of any ideas, suggestions, documents and/or proposals to Builda through email, Discord support or any other official feedback channel (“Feedback”) is at your own risk and that Builda has no obligations (including any obligation of confidentiality) with respect to such Feedback, except as required by applicable law. You represent and warrant that you have all rights necessary to submit the Feedback.

You hereby grant to Builda a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Builda and/or Builda’s business.

5.1 Restriction on Use. The rights granted to you in the Agreement are subject to the following restrictions:

5.2 User Conduct. As a condition of use, you agree not to use the Website for any purpose that is prohibited by these Terms or by applicable law. You shall not (and shall not permit any third party to):

Builda may, but is not obligated to, monitor or review the Website and Content at any time. Without limiting the foregoing, Company shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law.

Although Company does not generally monitor user activity occurring in connection with the Website or Content, if Builda becomes aware of any possible violations by you of any provision of the Agreement, Company reserves the right to investigate such violations, and Company may, at its sole discretion, immediately terminate your license to use Company Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

7.1 Third-Party Services. The Website may contain links to an official Builda Discord community, social-media pages or other third-party services. Such services are operated by third parties and are subject to their own terms and privacy practices. Company reserves the right, but has no obligation, to intercede in disputes arising from your use of those third-party services.

7.2 Support Channels. You may contact us using the email or official Discord support link displayed on the Website. Order cancellation, return, refund and legal notices should be sent to support@builda.work so that we can verify and record the request. A Discord message does not constitute an order-cancellation or return request unless Company expressly confirms otherwise.

8.1 Payment. When you purchase a customized physical product or any other paid Service we offer, you expressly authorize us or our third-party payment processor to charge you for that purchase. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms displayed when a fee or charge is due and payable. The Website currently uses Stripe as its payment processor (the “Payment Provider”). At launch, eligible bank cards are expected to be supported; any other method is available only if displayed at checkout. Charges are displayed and collected in U.S. dollars unless the final checkout page expressly states otherwise. Your agreement with the payment provider governs your use of the selected payment method.

By submitting payment information to Stripe or another payment provider shown at checkout, you authorize the payment provider to charge the final amount displayed before you confirm payment, without further notice or consent. You agree to promptly update your billing and payment information. Company reserves the right to change its prices and billing methods by posting the applicable terms on the Website or notifying you by email; changes will not alter an order already accepted and paid for, except as permitted by law or agreed with you.

8.2 Excessive Usage; Future Paid Plans. If we offer subscriptions, points, credits, recharges or other paid plans in the future, the applicable plan terms, pricing, renewal rules and usage limits will be disclosed when those features are offered. Where a paid plan or feature applies, we may, at our sole discretion, impose reasonable restrictions on upload, storage, download, generation, network traffic, bandwidth, file size, content format or usage to address excessive use or misuse, subject to applicable law and the terms disclosed for that feature.

8.3 You represent and warrant that you have the legal right to use all payment methods that you provide to us.

8.4 Taxes. You are responsible for applicable taxes, duties and charges associated with your purchase, except taxes on Company’s income. Taxes and shipping charges collected by us, if any, will be shown at checkout. Unless we state otherwise, you are responsible for customs duties, import taxes and other charges imposed by the destination country. Where withholding tax law applies to a business purchase, you will provide evidence of any required withholding upon reasonable request.

8.5 Purchases of Physical Products. The Website allows you to name your creation, select a product form and specifications, and order a customized physical product based on your Input and Output. Product descriptions, options and availability are as shown at the point of sale and may change at any time. Prices shown before checkout are estimates and may change based on specifications, shipping, taxes and any valid promotion code. The final amount payable will be shown before you confirm payment. Your order constitutes an offer to purchase, and a contract is formed only when we accept your order; a payment confirmation or order number does not necessarily mean production has begun. We may decline or cancel an order, including for errors in price or availability, suspected fraud, rights concerns or inability to manufacture or fulfill it. If we cancel a paid order, we will refund the amount paid for the canceled item as required by law. You are responsible for ensuring the accuracy of your order and payment information.

Where offered, you may place a paid order for a single customized sample. An accepted order covers only the product form, specifications and quantity confirmed for that order. The production process may include assessing manufacturability, preparing production files, manufacturing, quality checks and packaging before shipment; the particular process depends on the product and available production methods. Ordering or receiving a sample does not by itself commit you or Company to further production, a commercial launch or creator cooperation. Any such cooperation is subject to Section 3.5 and the relevant separate agreement.

8.6 Shipping and International Delivery. Physical products are produced and shipped through our production and logistics partners, and any production or delivery dates or times are estimates only unless expressly identified as binding or otherwise required by applicable law. Production time and shipping or transit time are separate; applicable estimates and any delivery commitments are those displayed on the relevant product page, at checkout or in the Shipping Policy. Your My Builda Account and/or the email address confirmed for the order may show production, shipping and tracking updates. Standard and expedited shipping options, if available, and their charges will be shown at checkout. For international orders, you act as importer and are responsible for applicable customs duties, import taxes and other charges and for ensuring that the products may lawfully be imported into the destination. Except as otherwise required by applicable law or stated in our Shipping Policy, title and risk of loss pass to you upon our delivery of the products to the carrier. Where required by applicable law, if we cannot ship within the applicable period, we will notify you and provide the option to agree to the delay or cancel the unshipped order for a refund.

8.7 Cancellations, Returns and Refunds. Because many products are customized or made to order specifically for you, such products may not be eligible for cancellation, return, exchange or refund once production has begun, except where they are defective or damaged or as otherwise required by applicable law. The applicable procedures, timeframes and remedies are described on the relevant product or checkout page and in the separate Refund & Exchange Policy, which applies in addition to these Terms. To request cancellation, a return, an exchange or a refund, email support@builda.work or use any request option expressly offered on the Website for the relevant order. Nothing in these Terms limits any non-waivable consumer rights under applicable law.

8.8 Points and Credits. If the Services offer points, credits, recharge balances or similar virtual items (“Credits”) in the future, the applicable terms and prices will be displayed when offered. Unless otherwise stated or required by applicable law, Credits have no monetary value, are not your property, cannot be exchanged for cash, are non-transferable and non-refundable, and may expire. We may modify, suspend or discontinue Credits or change the features they unlock at our discretion; where a change materially and adversely affects Credits you have already purchased, we will provide notice or obtain your consent where required by applicable law.

8.9 Promotion Codes and Other Promotions. A promotion code issued by Builda may be entered at the final checkout page for an eligible order. Its eligibility, validity period, discount and other restrictions are determined by the terms displayed with the code and at checkout. Unless the offer states otherwise, one code may be used per order; the discount applies only to the customized product price and does not reduce expedited shipping, taxes or duties. A code has no cash value, is non-transferable and cannot be applied after payment. We may also offer other promotions in the future under additional terms presented when offered, and may modify, limit, suspend or discontinue them subject to applicable law.

8.10 Referral Program. If we offer a referral program, you may earn benefits for referring new users in accordance with the applicable program rules. Referrals must be genuine; you may not refer yourself, create fake or duplicate accounts, or use spam or other prohibited methods. We may withhold or revoke benefits and suspend participation in cases of suspected fraud, abuse, or violation of the program rules or this Agreement, and we may modify or terminate the program at any time, subject to applicable law.

8.11 Order Emails and Records. At checkout you must provide a valid email address for production, shipping, delivery and refund updates; it may differ from your Account email. Order-related messages will be sent to the email confirmed for that order, while registration and sign-in messages are sent to your Account email. You are responsible for checking the accuracy of both addresses. My Builda may display ordered and unordered creations and a list of all orders and their progress; displayed status information may be updated after the underlying event. An unordered creation or preview is not an accepted order or a commitment to manufacture it.

You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Company Party" and collectively, the "Company Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following:

This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Company Properties.

10.1 As Is.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK, AND THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS.

Company parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the Services.

10.2 No Liability for Conduct of Third Parties.

YOU ACKNOWLEDGE AND AGREE:

Company parties are not liable, and you agree not to seek to hold company parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you.

10.3 No Liability for Conduct of Other Users. If user-to-user features are offered in the future, you are solely responsible for your communications and interactions with other users of Company Properties.

YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF COMPANY PROPERTIES.

Company makes no warranty that goods, content or services provided by third parties will meet your requirements or be available on an uninterrupted, secure or error-free basis, or regarding their quality, accuracy, timeliness, truthfulness, completeness or reliability.

10.4 Third-Party Materials. As a part of Company Properties, you may have access to materials hosted by another party, including links to Discord or other external services.

YOU AGREE THAT IT IS IMPOSSIBLE FOR COMPANY TO MONITOR SUCH MATERIALS AND THAT YOU ACCESS THESE MATERIALS AT YOUR OWN RISK.

11.1 Disclaimer of Certain Damages.

YOU UNDERSTAND AND AGREE THAT:

To the fullest extent provided by law, in no event shall company parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, in each case whether or not company has been advised of the possibility of such damages, arising out of or in connection with the agreement or any communications, interactions or meetings with other users of Company Properties, where such features are offered, on any theory of liability, resulting from:

11.2 Cap on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF

11.3 Content Storage. Except for company’s obligations to protect your personal data as set forth in the company’s privacy policy, company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, Your Content), user communications or personalization settings.

11.4 Exclusion of Damages. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

11.5 Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between company and you.

We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright or trademark, you are encouraged to contact the infringing party directly. Please also send a notice of claimed infringement to support@builda.work with the subject “Takedown Request,” and include the following:

If the copyright owner’s rights arise under the laws of a country other than the United States, please identify the country. Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.

Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Please note that Builda is not in a position to assess the legal merits of the claims. Any further action, claim or remedy against the infringing user must be undertaken by the aggrieved user.

Company reserves the right to:

If Company becomes aware of any possible violations by you of the Agreement, Company reserves the right to investigate such violations. If, as a result of the investigation, Company believes that criminal activity has occurred, Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Company Properties, including Your Content, in Company’s possession in connection with your use of Company Properties, to

14.1 Term. The Agreement commences on the date when you accept it (as described in the preamble above) and remains in full force and effect while you use Company Properties, unless terminated earlier in accordance with the Agreement.

14.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of

14.3 Termination of Services by Company. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if Company is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for any termination of your Account.

14.4 Termination of Services by You. If you want to terminate the Services provided by Company, you may do so by (a) notifying Company at any time and (b) closing your Account for all of the Services that you use.

14.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services may also include deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content; provided that we may retain copies as needed to fulfill orders, maintain routine back-ups, comply with law, protect security or resolve disputes. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

14.6 No Subsequent Registration. If your registration with, or ability to access, the Website is discontinued by Company due to your violation of any portion of the Agreement or conduct otherwise inappropriate for the Services, you agree that you will not attempt to re-register or access the Website through a different Account or otherwise. You acknowledge that you will not be entitled to a refund of fees for Services already provided solely because your access was terminated, except as required by applicable law or stated in the applicable purchase terms. Company may take any action permitted under these Terms without further notice or warning if you violate this Section.

Builda can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Company intends to announce such Services or Content in your country.

Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the "Company Parties") and limits the manner in which you can seek relief from the Company Parties.

16.1 Applicability of Arbitration Agreement. You agree that any dispute between you and any of the Company Parties relating in any way to the Services or these Terms, will be resolved by binding arbitration, rather than in court, except that

16.2 Informal Dispute Resolution. There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section. Before either party may commence arbitration or file a claim in small claims court, the initiating party must first send the other party a written notice of the Dispute (a "Notice"). A Notice to Company must be sent to support@builda.work with the subject line "Notice of Dispute"; a Notice to you will be sent to the email address associated with your Account. A Notice must state the sender's name, the email address and any order number associated with the Account, describe the nature and basis of the Dispute, and set out the specific relief sought. The Informal Dispute Resolution Conference must take place within sixty (60) days after a Notice is received, unless the parties agree in writing to extend that period.

16.3 Arbitration Rules and Forum. This Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs its interpretation and enforcement notwithstanding Section 17.7. If the Informal Dispute Resolution Conference does not resolve the Dispute, either party may commence arbitration by filing a demand with the American Arbitration Association (“AAA”) and delivering a copy to the other party. The arbitration will be administered by the AAA under its Consumer Arbitration Rules in effect when the demand is filed, as modified by this Arbitration Agreement, before a single arbitrator, in English. The AAA’s rules and filing instructions are available at www.adr.org. Fees will be allocated in accordance with the AAA fee schedule applicable to consumer arbitrations. Any hearing will be held by videoconference or, at your election, in the county or equivalent locality of your residence. The arbitrator will issue a reasoned written award, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve any Dispute, including any dispute concerning the interpretation, applicability, enforceability or formation of this Arbitration Agreement, except as provided in Section 16.4.

16.4 Waiver of Jury Trial and of Class and Other Non-Individualized Relief. YOU AND THE COMPANY PARTIES WAIVE ANY RIGHT TO SUE IN COURT AND TO A TRIAL BEFORE A JUDGE OR JURY, AND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may award relief only in favour of the individual party seeking relief and only to the extent necessary for that party’s individual claim, and may not consolidate the claims of more than one person. A court, and not the arbitrator, has exclusive authority to decide the scope, enforceability and interpretation of this Section 16.4 and whether the requirements of Section 16.2 have been satisfied. If a court decides that applicable law precludes enforcement of any part of this Section 16.4 as to a particular claim or request for relief, that claim or request for relief must be severed and may be brought in a court of competent jurisdiction, and the remaining claims will proceed in arbitration.

16.5 Your 30-Day Right to Opt Out. You may opt out of this Arbitration Agreement, including the waivers in Section 16.4, by sending notice to support@builda.work with the subject line “Arbitration Opt-Out” within thirty (30) days after you first accept these Terms, stating your name, the email address associated with your Account and your decision to opt out. Opting out will not affect any other provision of this Agreement or your access to the Services, and Company will not retaliate or discriminate against you for opting out. If you opt out, Sections 17.6 and 17.7 will govern the resolution of Disputes between you and the Company Parties.

16.6 Severability and Survival. Except as provided in Section 16.4, if any part of this Arbitration Agreement is held invalid or unenforceable, that part will be severed and the remainder will continue in full force and effect. This Arbitration Agreement survives the termination of your Account and of this Agreement.

16.7 Users Outside the United States; Mandatory Consumer Rights. If you are not a resident of the United States, Sections 16.3 to 16.6 do not apply to you. Instead, any Dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration shall be Hong Kong, the number of arbitrators shall be one, and the arbitration shall be conducted in English. In all cases, nothing in this Section 16 deprives you of the protection of any mandatory provision of the law of your country of residence that cannot be derogated from by agreement; where such law does not permit a pre-dispute agreement to arbitrate, or a waiver of class or representative proceedings, to be enforced against you as a consumer, Sections 17.6 and 17.7 will govern instead.

17.1 Electronic Communications. The communications between you and Company may take place via electronic means, whether you visit Builda or send Company e-mails, or whether Company posts notices on Builda or communicates with you via e-mail. For contractual purposes, you

Where permitted by applicable law and subject to your communication preferences, we may send product news, offers, creation reminders and other marketing emails to your Account email address, including messages about an unfinished checkout. You may opt out by using the unsubscribe link in a marketing email, adjusting Email Preferences where available, or contacting support@builda.work. Opting out of marketing does not stop necessary verification codes, security alerts or account and order-related messages, which are sent as described in Section 8.11. Our processing of Personal Data for these communications is described in the Privacy Policy.

17.2 Release. You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Company Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services provided hereunder.

17.3 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

17.4 Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

17.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Company Properties, we will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

17.6 Exclusive Venue. Subject to Section 16 (Dispute Resolution), to the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Builda agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the courts located in Hong Kong. This Section does not apply to a claim that may be brought in small claims court under Section 16.1(a), and does not override any mandatory provision of consumer law that entitles you to bring proceedings in the courts of your country of residence.

17.7 Governing Law.

EXCEPT AS PROVIDED IN SECTION 16.3, UNDER WHICH THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRATION AGREEMENT, THESE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF HONG KONG WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THIS DOES NOT DEPRIVE YOU OF THE PROTECTION OF ANY MANDATORY PROVISION OF THE LAW OF YOUR COUNTRY OF RESIDENCE THAT CANNOT BE DEROGATED FROM BY AGREEMENT.

THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

17.8 Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.

17.9 Notice. Where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. We may deliver notice to you by e-mail, posting a notice on the Website or otherwise on the Services or by any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: support@builda.work.

17.10 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

17.11 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

17.12 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.