TERMS OF USE
Effective Date: [April 2026]
This Terms of Use Agreement (the “Agreement”) constitutes a legally binding agreement between WebDevelops, LLC d/b/a BuildStack (“BuildStack,” “Company,” “we,” “our,” or “us”) and the client, whether acting personally or on behalf of an entity (“Client,” “you,” or “your”), regarding access to and use of https://buildstack.studio (the “Website”) and any related websites, applications, software, portals, dashboards, communications, services, products, subscriptions, development services, consulting services, or digital platforms operated by BuildStack.
By accessing the Website, subscribing to services, submitting a project request, or otherwise engaging BuildStack, Client acknowledges that they have read, understood, and agree to be bound by these Terms of Use. If Client does not agree to all terms contained herein, Client must immediately discontinue use of the Website and services.
Any outstanding payment obligations owed to BuildStack shall survive termination of this Agreement.
1. Intellectual Property Rights
Unless otherwise indicated, the Website and all associated content, including but not limited to source code, software, databases, functionality, designs, text, graphics, logos, trademarks, service marks, audio, video, documentation, and other materials (collectively, the “Content”) are owned by or licensed to BuildStack and protected under applicable intellectual property laws.
The Content is provided for informational and business purposes only. Except as expressly permitted by these Terms, no portion of the Website or Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, sold, licensed, or otherwise exploited without BuildStack’s prior written consent.
BuildStack reserves all rights not expressly granted herein.
2. Ownership of Deliverables
Subject to full payment of all invoices and fees owed to BuildStack, Client shall own the final deliverables specifically created for Client under an approved project (“Deliverables”).
Deliverables may include, but are not limited to:
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Websites
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Mobile applications
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SaaS platforms
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Software applications
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APIs
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Dashboards
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Portals
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Branding assets
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UI/UX designs
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Documentation
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Custom source code
Ownership transfers only upon full payment.
BuildStack retains ownership of:
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Proprietary frameworks
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Internal tools
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Development methodologies
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Templates
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Libraries
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Reusable code components
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Automation systems
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Pre-existing intellectual property
Client warrants that any materials supplied to BuildStack are owned by Client or properly licensed and do not infringe upon third-party rights.
Unless otherwise agreed in writing, BuildStack reserves the right to display completed work in portfolios, social media, marketing materials, and case studies.
3. Third-Party Software, Assets, and Fonts
Projects may incorporate third-party software, frameworks, APIs, plugins, fonts, stock assets, or other licensed materials.
Where additional licensing is required, Client shall be responsible for purchasing and maintaining such licenses.
BuildStack will make reasonable efforts to notify Client when third-party licensing requirements apply.
Client assumes responsibility for compliance with all third-party license agreements associated with the Project.
4. User Representations
By using the Website or Services, Client represents and warrants that:
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Client has legal authority to enter into this Agreement.
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Client is at least 18 years of age.
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Client will provide accurate and complete information.
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Client will not use the Website for unlawful purposes.
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Client will comply with all applicable laws and regulations.
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Client will not interfere with Website operations or security.
5. Prohibited Activities
Client agrees not to:
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Access the Website through automated means without authorization.
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Reverse engineer any software or systems operated by BuildStack.
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Circumvent security features.
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Upload malware, malicious code, or harmful content.
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Use the Website to compete with BuildStack.
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Harass or threaten BuildStack personnel.
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Interfere with Website operations.
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Collect data from the Website without permission.
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Engage in fraudulent or deceptive practices.
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Violate intellectual property rights.
BuildStack reserves the right to suspend or terminate access for violations of these provisions.
6. Client Feedback
Any comments, suggestions, recommendations, ideas, or feedback submitted to BuildStack may be used without restriction.
Client grants BuildStack a perpetual, worldwide, royalty-free right to utilize such feedback to improve products and services.
Client waives any claims arising from BuildStack’s use of submitted feedback.
7. Project Scope and Service Limitations
BuildStack provides subscription-based and project-based software development, design, consulting, maintenance, and digital product services.
Service timelines are estimates only and may vary based on:
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Project complexity
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Scope changes
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Client responsiveness
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Third-party dependencies
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Technical limitations
BuildStack does not guarantee launch dates, revenue outcomes, funding outcomes, user growth, or business success.
8. Client Responsibilities
Client agrees to:
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Provide timely feedback.
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Supply required project materials.
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Maintain backups of all data.
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Test deliverables before deployment.
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Review and approve completed work.
Delays caused by Client may impact timelines and delivery schedules.
9. Privacy Policy
Use of the Website is also governed by BuildStack’s Privacy Policy, which is incorporated herein by reference.
The Website is operated from the United States. By using the Website, Client consents to the collection, processing, and transfer of information within the United States.
BuildStack does not knowingly collect personal information from children under 13 years of age.
10. Payments, Subscriptions, and Billing
Client agrees to pay all fees associated with selected services.
Subscription plans automatically renew unless canceled prior to the next billing cycle.
Failure to maintain valid payment information may result in suspension or termination of services.
Late or failed payments may result in delays, project suspension, or cancellation.
BuildStack reserves the right to modify pricing upon reasonable notice.
11. Refund Policy
Due to the custom, digital, and professional nature of BuildStack’s services, all payments are generally non-refundable.
Refund requests may be reviewed on a case-by-case basis and granted solely at BuildStack’s discretion.
No refunds shall be provided for:
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Completed work
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Delivered work
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Requested work
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Time already allocated to Client projects
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Consulting services rendered
If a refund is approved, it shall be limited to the unused portion of the current billing period as determined by BuildStack.
Non-refundable payment processing fees, transaction fees, banking fees, and merchant fees are excluded from any refund.
If a refund is issued, ownership rights to all related work products immediately revert to BuildStack unless otherwise agreed in writing.
BuildStack reserves the right to deny refunds in cases involving abuse, excessive refund requests, chargebacks, threats, harassment, or violations of these Terms.
12. Project Pauses and Cancellations
Clients may pause or cancel subscription services at any time.
Pausing a subscription preserves project materials but does not guarantee future scheduling priority.
Cancellation prevents future billing but does not entitle Client to refunds for previously rendered services.
Any outstanding balances remain due and payable.
13. Modifications to Services
BuildStack reserves the right to modify, suspend, discontinue, or replace any aspect of the Website, services, subscriptions, or offerings at any time.
BuildStack shall not be liable for any resulting loss or inconvenience.
14. Service Interruptions
BuildStack does not guarantee uninterrupted availability of the Website or services.
Downtime may occur due to:
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Maintenance
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Infrastructure failures
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Hosting providers
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Third-party services
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Cybersecurity incidents
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Force majeure events
BuildStack shall not be liable for interruptions beyond its reasonable control.
15. Governing Law
This Agreement shall be governed by and construed under the laws of the state in which WebDevelops, LLC is organized, without regard to conflict-of-law principles.
16. Dispute Resolution
Any dispute arising under this Agreement shall be resolved through binding arbitration or through courts of competent jurisdiction located in the state where WebDevelops, LLC maintains its principal place of business.
The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
17. Disclaimer
THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
BUILDSTACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
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MERCHANTABILITY
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FITNESS FOR A PARTICULAR PURPOSE
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NON-INFRINGEMENT
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AVAILABILITY
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ACCURACY
BUILDSTACK DOES NOT GUARANTEE THAT SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDSTACK SHALL NOT BE LIABLE FOR:
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LOST PROFITS
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LOST REVENUE
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LOST DATA
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BUSINESS INTERRUPTION
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INDIRECT DAMAGES
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CONSEQUENTIAL DAMAGES
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SPECIAL DAMAGES
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INCIDENTAL DAMAGES
IN NO EVENT SHALL BUILDSTACK’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY CLIENT TO BUILDSTACK DURING THE THREE (3) MONTHS PRECEDING THE CLAIM.
19. Indemnification
Client agrees to defend, indemnify, and hold harmless BuildStack, WebDevelops, LLC, its owners, officers, employees, contractors, affiliates, and agents from any claims, liabilities, damages, losses, expenses, or attorneys’ fees arising from:
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Client content
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Client misuse of services
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Violation of these Terms
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Intellectual property disputes involving Client materials
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Client violations of law
20. Licensing and Third-Party Content
Client assumes full responsibility for ensuring that all content used within their project is properly licensed.
Any licenses held by BuildStack do not automatically transfer to Client.
Client is responsible for maintaining all required licenses after project delivery.
21. Portfolio Rights and Confidentiality
BuildStack reserves the right to showcase completed work for marketing, portfolio, promotional, and educational purposes.
If Client requires confidentiality, a separate Non-Disclosure Agreement (NDA) must be executed by both parties.
Upon execution of an NDA, BuildStack shall honor the agreed confidentiality obligations.
22. Referral Program
Any referral programs offered by BuildStack may be administered through third-party platforms.
BuildStack reserves the right to modify, suspend, or terminate referral programs at any time.
23. Electronic Communications
Client consents to receive communications electronically.
Electronic agreements, signatures, invoices, notices, and records shall have the same legal effect as physical documents.
24. Miscellaneous
These Terms constitute the entire agreement between Client and BuildStack regarding the Website and Services.
If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Failure to enforce any provision shall not constitute a waiver of that provision.
Nothing in this Agreement creates a partnership, joint venture, employment relationship, or agency relationship between the parties.
25. Contact Information
Questions regarding these Terms may be directed to:
BuildStack
WebDevelops, LLC
Website: https://buildstack.studio
Email: mail@buildstack.studio
