Terms of Service
Last Updated: July 06, 2023
Welcome to BuilttoScale. These Terms of Service (“Terms”) govern your access to and use of the BuilttoScale website, applications, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree with any part of these Terms, you should immediately cease use of our Services.
1. Acceptance of Terms
By accessing, browsing, or otherwise using BuilttoScale’s Services, you acknowledge that you have read, understood, and agreed to comply with these Terms, including any additional terms, conditions, and policies referenced herein. BuilttoScale reserves the right to update, amend, or replace any part of these Terms by posting updates on this page. It is your responsibility to periodically review these Terms to stay informed of any changes.
2. Eligibility and User Representations
To access our Services, you must be at least 18 years old (or the legal age in your jurisdiction), and you must have the legal capacity to enter into these Terms. By using our Services, you represent that:
- You meet the eligibility criteria above.
- You will provide true, accurate, current, and complete information as required for any account registration.
- You will keep your account information up-to-date, secure, and will not share your credentials with others.
Any breach of these representations may result in suspension or termination of your account at our sole discretion.
3. Account Registration and Security
To use certain features, you may need to register an account by providing specific information. By creating an account, you agree:
- To take responsibility for all activities under your account.
- To maintain the confidentiality of your login credentials.
- To notify us immediately of any unauthorized access or use of your account.
BuilttoScale is not responsible for any loss or damage arising from your failure to safeguard your account information. We reserve the right to suspend or terminate any account we suspect of unauthorized or malicious use.
4. Description of Services
BuilttoScale provides a platform for [describe key services or features, such as “e-commerce management and resources for DTC brands”]. All descriptions, prices, features, and specifications of products or services are subject to change at any time without notice. BuilttoScale strives to ensure all information is accurate but cannot guarantee that all content on the Services is error-free.
5. User Conduct and Acceptable Use
By accessing BuilttoScale, you agree to abide by these guidelines for appropriate use and will not engage in activities such as:
- Using the Services for illegal purposes or to solicit unlawful actions.
- Impersonating any person or entity or providing false information.
- Attempting to interfere with, compromise, or circumvent the security, integrity, or availability of our Services.
- Collecting, mining, or harvesting data from the Services without our express permission.
Violation of any acceptable use guidelines may result in the immediate suspension or termination of your account.
6. Intellectual Property and Content Ownership
All content, including text, graphics, images, logos, designs, software, and any other materials on the BuilttoScale website, are the intellectual property of BuilttoScale or our licensors and are protected under copyright, trademark, and other applicable laws. You may not:
- Copy, modify, or distribute any of our content without prior written permission.
- Use any of our trademarks, logos, or brand materials in any manner that may mislead or confuse others.
Any unauthorized use of our intellectual property constitutes a breach of these Terms.
7. Purchases, Pricing, and Payment Terms
a. Orders and Acceptance
When you place an order with BuilttoScale, it is considered an offer to purchase products or services. BuilttoScale reserves the right to accept or reject any order, for any reason, including availability, errors in product descriptions or pricing, or potential fraud. If an order is canceled after payment, a full refund will be issued using the original payment method.
b. Pricing and Payments
All pricing on BuilttoScale is listed in [Currency], and we strive for accurate pricing. However, if there is an error in pricing, we reserve the right to cancel orders and refund any amounts paid. We accept payments through secure, third-party payment processors, and by submitting payment information, you agree to abide by the payment processor’s terms.
c. Taxes and Additional Fees
You are responsible for any taxes, duties, or fees imposed on your purchase, based on your location. BuilttoScale calculates and applies these taxes at checkout, where applicable.
8. Refunds, Returns, and Cancellations
For information on returns, exchanges, and refunds, please refer to our Refund and Return Policy. Refunds and returns are only provided within specified timeframes and may be subject to a restocking fee. Shipping costs for returns may be your responsibility unless stated otherwise.
9. Disclaimer of Warranties
To the fullest extent permitted by law, BuilttoScale provides the Services “as is” and “as available,” without warranties of any kind, either express or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
BuilttoScale makes no guarantee that:
- The Services will meet your requirements or expectations.
- The Services will be uninterrupted, timely, or error-free.
- Any errors in the Services will be corrected.
10. Limitation of Liability
In no event will BuilttoScale, its affiliates, directors, officers, employees, or agents be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to your use or inability to use the Services, including damages for lost profits, revenue, goodwill, or data.
Our total liability for any claim arising out of or relating to these Terms will not exceed the amount you paid for the Services in the past six months.
11. Indemnification
You agree to indemnify, defend, and hold harmless BuilttoScale, its affiliates, and respective employees, directors, and agents from and against all claims, damages, costs, losses, and expenses arising out of:
- Your use or misuse of the Services.
- Your violation of these Terms.
- Your violation of any third-party rights, including intellectual property rights.
12. Termination of Services
BuilttoScale may terminate your access to our Services at any time, with or without notice, for violation of these Terms, or for any other reason deemed necessary. Upon termination, your rights to access and use our Services will immediately cease. Any provisions in these Terms that are intended to survive termination will continue to apply.
13. Dispute Resolution
a. Governing Law
These Terms shall be governed by the laws of [Your Jurisdiction], without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within [Jurisdiction] to resolve any disputes.
b. Arbitration
Any dispute arising from these Terms may be resolved through binding arbitration. You and BuilttoScale agree to waive the right to a jury trial or to participate in a class action. The arbitration shall be conducted in [Arbitration Location] and administered by [Arbitration Organization].
14. Changes to These Terms
BuilttoScale may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on this page with an updated “Last Updated” date. Continued use of our Services following the posting of changes signifies acceptance of the modified Terms.
15. Miscellaneous
a. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
b. Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and BuilttoScale.
c. Waiver
Any failure by BuilttoScale to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
16. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at: [Contact Email Address]