Build TBD Terms of Service & Acceptable Use Agreement

Introduction

Welcome to Build TBD, an innovative AI entrepreneurial accelerator software designed to streamline business ideation, development, and scaling. These Terms govern your access to and use of Build TBD’s entrepreneurial tools, including AI-driven features, templates, and resources designed to help users develop and scale their businesses. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. Please read these Terms carefully before proceeding.

Definitions

• “Account Owner” refers to the individual or entity that has registered and is responsible for the account with Build TBD.
• “Products” means the products, Services, and technologies provided by Build TBD by any means whatsoever.
• “Services” refers to the business development and entrepreneurial accelerator tools provided through the Build TBD platform.
• “Third-Party Materials” means any content, services, or advertisements not provided by Build TBD but accessible through the Services.
• “User Data” means any data, information, content, records, and files that you load, transmit to or enter into the Service and anonymized data usage for AI model improvements.

Acceptance of Terms

By accessing or using the Products, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Products.

Modifications

Build TBD reserves the right to update or modify these Terms at any time. By continuing to use the Products after such changes, you agree to be bound by the modified Terms. If you disagree with the modifications, your sole recourse is to discontinue use of the Products.

Usage of Build TBD

Account Registration

To use Build TBD, you must register for an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. Each user must ensure the security of their account and that Build TBD reserves the right to suspend or terminate accounts found violating terms.  You are strongly encouraged to choose a strong password (see the Cybersecurity & Infrastructure Security Agency’s advice at  https://www.cisa.gov/secure-our-world/use-strong-passwords). 

User Data

Build TBD is committed to protecting the privacy and security of your User Data. We adhere to applicable privacy laws and regulations. Please refer to our Privacy Policy for details on our data handling practices.

AI Tool Usage

Build TBD’s AI tools are intended to assist users in analyzing data, generating strategies, and optimizing business outcomes. Users are prohibited from reverse-engineering, misusing, or exploiting these tools for unintended purposes.

Fees and Payment

All payments made to Build TBD are subject to the following conditions.  Build TBD accepts methods of payment through the 3rd party services of PayPal and Stripe payment gateways. Please note that the accepted payment services may have their own terms of use and privacy policies, over which Build TBD has no control.

By submitting payment, you warrant that:

• You have the appropriate authority to accept the Online Payment Terms on behalf of yourself and your organization and are able to and will meet all obligations in relation to these Terms.
• The payment method used in connection with the Products is issued in your name or you are otherwise authorized to use the credit card.
• You will pay the payment method issuer all charges incurred in the use of the Products.
• The information supplied by you is true and correct.
• You agree to the payment terms and conditions set forth by the 3rd part services Build TBD utilizes for processing payment.

AI credits purchased through Build TBD are non-refundable and valid for 12 months unless otherwise stated. Unused credits will expire if not used within this period.

Refund & Cancellation Policy

The products available for purchase on our web site are functional and try-before-you-buy. We provide a free version to let you fully evaluate our product prior to making a purchase decision.

Please use the free version to ensure Build TBD meets your needs before purchasing a license. All of our software is functional as specified in the pricing and features on our website. Build TBD does not require payment to enable its primary functionality.

If you purchase one of our products, after your payment has cleared your license to use the software will be activated. Once the license is activated, no refunds will be given, since it would be impossible for you to return your registered version of our software.

During your trial period, our support staff is available to assist in installation and configuration via email or chat. No refund will be made once a purchase is made. It’s up to the customer purchasing the product to evaluate a fit of the product during the trial period. Once purchase is made, it’s non-refundable and non-transferable.

It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
2. remove any copyright or other proprietary notations from any materials and software on this website;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Build TBD provides;
5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use this website or its associated services in violation of any applicable laws or regulations;
7. use this website in conjunction with sending unauthorized advertising or spam;
8. harvest, collect, or gather user data without the user’s consent; or
9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
10. attempting to extract or manipulate the underlying AI models powering Build TBD.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.  By submitting content through Build TBD, you grant a license for anonymized use of non-personally identifiable data for research, analytics, and product improvement.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display or perform, translate, or create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Intellectual Property

All rights, title, and interest in the Products are owned by Build TBD. You may not copy, modify, distribute, license, sublicense, transfer, sell, or lease any part of our Products without the express written permission of Build TBD.

Limitation of Liability

THE SERVICES AND THE MATERIALS ON OUR WEBSITE ARE PROVIDED ON AN ‘AS IS’ BASIS. TO THE EXTENT PERMITTED BY LAW, BUILD TBD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHER VIOLATION OF RIGHTS WITH REGARD TO OUR WEBSITE, THE SERVICES, OR YOUR USE THEREOF.

In no event shall Build TBD or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Build TBD or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, or any other loss which is defined as consequential damages under the law of the state of Indiana, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Third-Party Materials

Build TBD disclaims any responsibility for third-party materials that may be accessed through the Products. You are bound by the terms and conditions of these third parties when interacting with their materials.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Build TBD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

Build TBD has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Build TBD of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Force Majeure

Build TBD is not liable for any failure to perform due to unforeseen circumstances or causes beyond our reasonable control. This includes unforeseen disruptions in AI model accessibility or API integrations that may affect service delivery.

Jurisdiction and Venue

These Terms, and your relationship to Build TBD, are governed by the laws of the State of Indiana. You and Build TBD agree and stipulate to the exclusive jurisdiction and venue of the courts sitting in Marion County, Indiana (including without limitation the Commercial Courts) for state law question matters, and of the courts of the Southern District of Indiana for federal law question matters. You and Build TBD consent to the jurisdiction and venue of these courts with respect to yourself and your property, wherever it may be located. You and Build TBD waive any challenge to venue, including that of an inconvenient forum. You and Build TBD agree to waive any requirement of bond for an injunction, or agree that any such bond shall be no greater than one thousand dollars. You and Build TBD agree that the prevailing party to any litigation shall, in addition to its damages, be reimbursed for its costs and reasonable attorney fees. 

AI Usage Transparency

We are committed to transparency in how AI is integrated into the Build TBD platform. AI tools are designed to provide tailored insights, generate business strategies, and optimize workflows based on the data you provide. While the AI generates recommendations based on patterns and trends, it is the user’s responsibility to validate and implement these insights as appropriate for their business context.

Termination

We may suspend or terminate your right to use our website and terminate these Terms immediately and without notice to you for any breach of these Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

Build TBD Acceptable Use Policy

These Terms cover the Products provided by Build TBD under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.

Build TBD customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

Fair use

If your use of the Services is reasonably considered to be excessive in terms of storage, computation, customer service, technical support, or by any other metric, then additional fees may be charged, or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

Customer accountability

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no refund or credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

Prohibited activity

Copyright infringement and access to unauthorized material

Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

• any material which is protected health information, personally identifiable information, or otherwise private which is used without authorization;
• any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization; and
• any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

SPAM and unauthorized message activity

Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

Unethical, exploitative, and malicious activity

Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.

Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.

Other activities considered unethical, exploitative, and malicious include:

• Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
• Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
• The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
• Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
• Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
• Any act or omission in violation of consumer protection laws and regulations;
• Any violation of a person’s privacy.

Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

Unauthorized use of Build TBD property

We prohibit the impersonation of Build TBD, the representation of a significant business relationship with Build TBD, or ownership of any Build TBD property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.

About this policy

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:

• the date the customer uses our Products after we publish the revised version on our website; or
• 30 days after we publish the revised version on our website.

Entire Agreement

These Terms constitute the entire agreement between you and Build TBD regarding the use of the Products, superseding any prior agreements between you and Build TBD relating to your use of the Products.

By using Build TBD’s Products, you acknowledge that you have read and agree to be bound by these Terms.