Builderall Platform Terms and Conditions of Use
 

(1a.) PLEASE NOTE: ALL USERS of the Builderall System and Platform, including all of its tools and websites, must read and accept these TERMS AND CONDITIONS OF USE in its entirety. If you disagree with any part or item of these conditional terms, stop the use of this site immediately.


INITIAL CONSIDERATIONS

(2a.) Our Terms of Use were developed and written to avoid using technical or legal terms and to facilitate a clear understanding of all its content for all users. If you have any questions regarding the conditions set forth in these terms, please contact us by email before continuing to use the Builderall System and Platform. All questions may be directed to the following email: contact@builderall.com. If you continue use after reading, you are stating that you are in complete compliance with our Conditional Terms of Use.

(2b.) These terms refer to our main website www.builderall.com and all of its tools, contents, platforms, systems, software and components, sub-websites, subdomains, directories and third-party websites created by other users of the Builderall System and Platform.

(2c.) The Builderall System and Platform is owned by Cloud Builder LLC located in Miami, FL, USA. Hereafter referred to simply as THE COMPANY.

(2d.) USERS are referred to as all visitors, web surfers, and customers browsing or utilizing the free and/or paid Builderall System or Platform.

USERS are referred to as those registered to one of our free or paid plans or those just visiting the website. These Terms and Conditions shall apply to all Builderall System and Platform USERS.

(2e.) When using any of the Builderall System and Platform services and tools, you agree to and accept the Terms and Conditions of Use in their entirety. Claims for all legal purposes can be made by users over the age of 18 that are competent to do so. If under the age of 18, you must be legally emancipated.

(2f.) It is understood that the term “Builderall System and Platform" refers to the entire software platform, website content, promotional videos, corporate videos, video tutorials, knowledge base, forums, tools, subdomains, sub-sites, 3rd party websites developed on the platform, webmail system, e-mail autoresponder, associate program, sales and online store systems, website building software, blog construction software, e-mail construction software, banner building software, infographics, sales funnel development system, animated presentations platform, floating video creator, SEO assessment tool, heatmap tool, intelligent posts tool for Facebook, and other services offered through websites developed by Cloud Builder LLC provided through Builderall as an integral part of the platform.

When using the Builderall System and Platform, you confirm you are aware that some sites and tools are in “Beta" version. It should be understood that the systems and platforms provided are undergoing final tests and that you are aware there is a risk of temporary failure or loss of content. You agree that if you are to work with irreplaceable content it is at your own discretion and that we are not responsible for any loss of content.

In the unlikely, but possible, occurrence of loss of content due to a database or system failure; you may have to rebuild all or part of your pages, sites, and content. CloudBuilder LLC is not responsible for any loss of content. The customer is responsible for maintaining backups of their own content.  As you are aware of the possible risks, you agree not to blame the Builderall System and Platform / Cloud Builder LLC / nor any of COMPANY’S partners, officers, directors, representatives or associates for any system failure or loss of content. If you do not accept this risk, please stop using the Builderall System and Platform immediately.

(2g.) For all legal purposes, the "sub-site" is a website/blog or content created with our tools, platform, and solutions and is also governed by these Terms and Conditions of Use.

(2h.) You are authorized to use the platform, sites, tools, and services of the Builderall System and Platform, only after you agree to these Terms of Use in their entirety.

Terms and Conditions of Use may be modified at any time. Any amendment to the Terms and Conditions of Use will be in effect once it is published on our website www.builderall.com. You must agree to the possible changes to our Conditional Terms of Use in order to continue using the services provided by the Builderall System and Platform. Therefore, it is important to read these Conditional Terms of Use regularly to ensure that you are updated with any changes.


INTELLECTUAL PROPERTY INFRINGEMENT 

(3a.) THE COMPANY is the owner of Builderall® word mark and Builderall’s logo designs which possess significant goodwill, and are of great value to Builderall® and are the subject of numerous trademark registrations, including under the United States Patent and Trademark Office (USPTO).

(3b.) If USER is using the Builderall® word mark in their domain URL without the written consent of THE COMPANY, USER activities may be considered unlawful, in violation of our terms, intentional trademark infringement, trademark dilution, false designation of origin, cybersquatting, deceptive business practice, identity theft, internet fraud, and other such criminalities. In the case of a term violation, THE COMPANY and Builderall® may withhold any and all accrued commissions pending removal of the trademarked terms. If USER fails to comply, THE COMPANY may resort to legal action.


TECHNICAL AND SUPPORT SERVICES

(4a.) Technical support is offered free of charge to all Builderall System and Platform USERS. This is intended only to resolve problems related to the operation of the tools available in our platform and systems. We do not provide technical support for external tools, create any content, or build websites for USERS. Technical Support for the Builderall System and Platform is available via live chat on the USER’s virtual office (main page after login) 24/7, and service calls are handled in the order of their arrival. You can also order service by e-mailing: contact@builderall.com.

Eligible Users for the Builderall System and Platform

To access all of the services the Builderall System and Platform provides, you agree that:

- All information filed by you is true and accurate.

- All of your information will be updated regularly.

- You are at least 18 years old.

- You do not violate any applicable laws or regulations when using the services, tools, or websites made on or with the system or one of its platforms.

(4b.) Warning: Your profile may be deleted and you may be barred from access without any warning if you are under the age of 18. Persons under the age of 18 must be legally emancipated in order to utilize the Builderall System and Platform.

(4c.) The COMPANY will not provide technical assistance/support via live chat or ticketing for external software. This applies to the following platforms; Wordpress and Magento.

(4d.) The Builderall support team will have full access to your account to troubleshoot and fix issues stemming from your inquiry.

Permission is automatically granted to our support team to fully access your account with a submitted report either by ticket, live chat or email from the USER.


PAYMENT AND SUSPENSION OF SERVICES

(5a.) If the user deletes the account on their own behalf, all of the content including the email will be deleted alongside. This includes the following; sites, commission, campaigns, Mailingboss lists, configurations on our applications, apps made on the app creator, leads both on Mailingboss and leads acquired through the associate program and any content that is associated with your Builderall account and accessible via the builderall dashboard. All of the information listed above is not recoverable and is warned to the user upon deletion.

Here is what it states: “By deleting your account, you will lose your access to the system. Any lead, commissions, email lists, sites, blogs, and connected domains will be deleted. If you are sure, type your password in the field below.”

(5b.) All services contracted on the Builderall System and Platform are offered online after you accept the Terms and Conditions of Use and make the corresponding payment(s). Remember that all Builderall website content must be understood as part of this Terms and Conditions of Use, so it is under the same rules and regulations.

(5c.) As pertaining to the initial 14-day free trial (if applicable), if you do not complete the necessary payment, your account will no longer be accessible once the trial period has ended and all content created during this period may be deleted permanently.

(5d.) The regular value of the subscription of the Builderall System and Platform can be found listed on our plans page at builderall.com/plans. 

Before hiring the service of any USER that involves the usage of the tools provided by Builderall, the client of the USER should undertake their own research, diligence and interview the USER providing them a service. It is advised that only the client and the USER are involved in this transaction. Builderall will not be held responsible or liable in regard to the result of any transaction(s).

(5e.) *** THE COMPANY reserves the right to adjust the prices related to hosting and the use of its servers at their own discretion.

(5f.)To create and store content with the use of our tools and services on the internet, it is required that each USER has a paid web hosting plan.

(5g.) Non-payment of monthly fees, web hosting and server space, will limit each USER’s access to the Builderall System and Platform after (5) business days of grace period

resulting in:

- Content going offline

- Limited platform access, as a result of not having online storage space for any information, content, images, videos, etc.  If the user wishes to continue to use the platform, they will have to either purchase their original plan upon logging in or contact support for assistance through ticketing or live chat. If an account is “offline” for lack of payment toward hosting and server space, it will be reactivated immediately once the USER’s payment is confirmed.

(5h.) Video Hosting app: After 5 days of account expiration - any and all uploaded video(s) will be offline.

(5i.) SuperCheckout App: When purchasing a product from the SuperCheckout that is utilizing the Builderall gateway, it will generate commission on a 2-tier structure that is accessible to view and withdraw through the SuperCheckout Earnings page. This will only apply to users who are active Premium plan subscribers. The value varies based on the configurations made by the producer.

(5j.) Mailingboss: Poorly performing lists on Mailingboss (i.e. less than 5% open rate for your campaigns) may be blocked by Builderall to avoid compromising the reputation of our sending servers. Each case will be handled differently according to their performance.

(5k.) Mailingboss: Excessive use may result in additional charges. Failure to comply may result in the COMPANY's right to refuse service


CANCELLATION / REFUNDS

(6a.) There are no refunds for the purchases of the lifetime MailingBoss plan ($50 one-time), or for the purchases of domains through our platform. This applies to both domains for the builders and the business panel to promote.

(6b.) If the user is placed under a sponsor and wishes to change their current up-line, we WON'T allow for them to get a refund for merely the purpose of switching their up-line. We will not tolerate the same user to open a new account under a new sponsor. We will monitor this if they attempt to go around this policy, and then their account will be deleted and commissions (if any) will be seized along with this.

(6c.) The USER is only allowed to request a refund for their subscription of the FIRST 30 days. Exceeding the 30 days timeframe will null your ability to request a refund. You will only be able to request a cancellation of your subscription.
The USER is limited to only one refund per account. This will NOT apply to double charges.
For example; If they are a paying subscriber for 3 months, they won't be able to get a refund. They will be completely allowed to request a cancellation on their subscription if providing a reason.
The USER will not be allowed to request a refund on any given month of their subscription if they have generated any commission.
This policy applies for all plans listed under the Builderall platform.
If the USER requests cancellation or a refund, they are encouraged to provide a reason for the abandonment of the platform. We use this method to better understand the reason for leaving our platform so we can learn and improve.

(6d.) SMS: Short Message Service; that is provided on our platform is NOT subject to refunds based on the credits provided on this page https://price-sms.builderall.com/.

(6e.) Because of the settings of our system, it is impossible to transfer a website, blog, shop, design, presentation or any other content created on the Builderall System and Platform to another server or hosting service.

(6f.) Agency Certification (agency.builderall): Those who purchased the agency certification program are not subject to a refund. Please feel free to consult our support team for more information on this program before finalizing your purchase.

(6g.) If a lead decides to request a refund on their subscription, and the sponsor of that lead has already withdrawn their commission, then the system will automatically deduct the amount of commission that was credited from your ‘Available’ balance in the Earnings section.

It will also deduct from any available balance, even if you have not withdrawn any of the amount available.

Example: The lead purchased the $69.90 Premium Plan. The sponsor will be credited $65.36. - If the sponsor has $13.90 as their available balance and the lead later requests a refund, the sponsor will have the commission amount, $65.36, deducted from their available balance (not the full payment of $69.90); This would leave the sponsor with -$51.46 as their current available balance, a negative amount.

(6h.) All purchases made through the SEPA payment method will not be subject to a refund. This policy still applies even in the timeframe of the first 30 days. There will be no exceptions made on behalf of the company or SEPA.

(6i.) One Time products such as boot camps are non-refundable.

(6j.) Purchase of Storage and Extension of Domain Quota: In under no circumstance will a refund be provided for the purchase(s) of extending your storage and domain(s) quota.

(6k.) All cancellation and refund requests must be made through the Builderall ticketing process which can be found by visiting the support page on your dashboard through the ‘help’ menu option.

(6l.) The renewal of domains acquired through the promotional funnels page of your dashboard will be a responsibility of the USER. The COMPANY will not be liable for the automatic renewal of these domains. This accounts for any domains acquired through 1 Dollar/Euro/Real plans.

(6m.) Web Agency sub-accounts will not be allowed to request a refund. They are only able to cancel their subscription.

(6n.) Full Stack Marketer Certification is a training program that grants the USER complete access upon purchase, all sales under this product are final and there are no refunds.


BUILDERALL SYSTEM, PLATFORM SERVICES, AND ACCOUNT INACTIVITY DELETION

(7a.) All services available on the Builderall System and Platform are subject to acceptance of these Terms and Conditions of Use.

You have a complete list of services, limits, and tools on the Builderall System and Platform located on the website home page: www.builderall.com.

Among our main services, tools, and platforms are:

- Website Builder in HTML5 formatting with drag and drop element technology

- Optimized Responsive Blog Builder with HTML technology

- Professional HTML Technology-enabled Email Creator

- Animated Video Creator

- Floating Video Creator 

- iOS and Google App Creator

- Professional Email Marketing Autoresponder System

- SEO Assessment Tool

- Heat Map Performance and Evaluation Tool

- Administrative panel management and site-wide tool integration

- Web hosting and premium server service with access to unlimited bandwidth usage

- Banner, Ads, and Infographics Builder

**** Attention, some tools are not yet available but are announced in advance on our homepage. These may not become available for up to another six (6) months from the US official launch date. In this case, next to the description of the tool's functionality, we will display the expected date of release of the tool. Do not purchase the platform based on this information for the development of tools may delay another year in order to ensure its functionality is at the same standard or surpasses the standard, of all other active platform tools available for use

(7b.) The account must fall under one condition for systematic deletion: Inactive due to non-payment for 90 days. This will also apply to accounts under the free plan.
Accounts review process is executed on the 1st of every month. This is a monthly procedure to properly designate the accounts that require to be deleted based on the conditions above.
Accounts that meet the condition above for deletion and still have commission available in their account to be withdrawn will no longer be able  to access their commissions due to the account being removed permanently.

(7c.) After 90 days of payment inactivity, the account’s content will be deleted. The account will still remain available for the user to request reactivation through our support channels.


SPECIAL CONSIDERATIONS FOR SOME TOOLS AND SERVICES

(8a.) The Pixel Perfect website builder is also compatible with mobile devices (smartphones and tablets). We have tools that make navigating and viewing websites on mobile devices much easier while also allowing Google™ to recognize your website as "mobile-friendly”.

With this feature, the user can adjust all or part of the original content of their website to different screen sizes, position elements ideally, and manage content to create a better user experience on mobile devices.

By using this tool correctly, the user creates a new format under the same domain as the system automatically displays the correct format according to the device being used to access it.

It is strongly recommended to watch the tutorial videos before working with this tool.

(8b.) The SEO tool generates SEO (Search Engine Optimization) performance reports per web page. This was developed by our team of programmers to give our users a quick report on how effectively keywords are being used. This tool classifies the pages in grades ranging from A+ to F, with A+ being the best rating. These evaluations are intended to help you understand how your selected keywords are being used and their importance to your website’s main structure. As good as this assessment tool is, the grade given to your page by this tool does not guarantee any improvement or placement in search engines.

(8c.) Although each template comes with predestined digital content such as text, images, and videos, under no circumstances are you legally allowed to use any of the provided content in your published works for profit or promotional purposes without the documented approval of the content's owner.

(8d.) To preserve the reputation of our sending servers and not hinder the delivery of emails from our USERS, imported lists over 3,000 emails must go through a rigorous approval process. The list must be 100% opt-in and subscribers must be aware that they will receive emails from the USER for the niche in which they have subscribed for.

Imported lists over 10,000 emails are recommended to go through a cleaning process from Inboxpath (https://www.inboxpath.com/list-cleaning) or by clicking the ‘add-on’ menu option directly on your dashboard and choosing the ‘inboxpath’ option. 

These are the plans limits and costs for additional subscribers:

Core - No Mailingboss. Must upgrade to a higher plan.

Essentials - up to 3,000 subscribers and 50,000 sent emails/mo

Advanced - up to 10,000 subscribers and 200,000 sent emails/o

Premium - up to 25,000 subscribers and 600,000 sent emails/mo

Usage exceeding your plan limits are billed as follows:

-$10.00 USD per 5,000 additional subscribers

-$2.50 USD per 5,000 additional email sends

If the USER exceeds the current quota of their account, the USER will be billed at their renewal date according to their new usage on a monthly recurrence.

(8e.) The number of professional emails the USER can register for a domain will count towards their disk space quota. The quota varies for each plan in terms of storage.

(8f.) All paid subscriptions, despite having an unlimited website creation quota - it will restrict the USER to be able to only create up to 10 websites in total for the first week of their subscription. This restriction is a one-time occasion.

(8g.) Any user that acquired or purchased a plan under a Builderall agency shall be subject to seek any means of support through the agency entity itself.

The COMPANY will not be liable to overlook any support inquiries brought by those clients unless it is addressed from the agency provider.

(8h.) Free Website plan: Starting June 1st, 2021 - accounts under the Free Website Plan will no longer have access to all of the tools, training, and associate program that once pertained to it. The USER will have the choice of upgrading to any of the current subscriptions we have available to continue using the features the COMPANY has to offer in their own respected limitations.

(8i.)  Super Checkout: A minimal 1.3% processing fee charge is applied upon the total of a sale.
 

(8j.)  Professional Email:  For all professional emails created that exceed your plan limit, there will be a charge of $1 per month.

(8k.) Cloud plans: Be advised that all Cloud content will be permanently removed after a period of 60 days of non-payment. We strongly recommend that you ensure your account payments are current to prevent any potential loss of data.

WEBMAIL

(9a.) With our system, the user and/or subscriber can create e-mail accounts that can be customized to their domain name; for example, name@yourdomain.com

Webmail is available in the admin panel in the “Site Builder” tab under the "Access Webmail" sub-tab. There the user can manage the number of accounts and server space for each account.


SPAMMING

(10a.) It is strictly forbidden to use the Builderall e-mail system to distribute spam material. We reserve the right to discontinue service, without refund, in the event that inappropriate use of the Builderall e-mail system or its tools is found, according to the CAN-SPAM Act of 2003.

(10b.) Users may send e-mails and use storage with our basic web hosting plan. Fees for exceeding e-mail limits and storage space will be automatically assessed according to use. Improper use of our e-mail system will cause the immediate termination of service and content removal from our system. This may also have legal consequences if the misuse brings any harm to the system's functionality.

(10c.) The services provided through the Builderall System and Platform include, but are not limited to: the development, storage, management, and sharing of media files and documents including text, user comments, animations, software, audio, video, etc.

(10d.) The Builderall System and Platform offers its services during its developmental stage with the forewarning that there are risks of failure, crashes, and content loss. We do not accept liability for any system failure or performance of services, software, and systems. In these Conditional Terms of Use, it is made clear that we are still operating in “Beta” for some features and tools.

(10e.) THE COMPANY, owner of Builderall System and Platform, reserves the right to suspend or terminate any or all of their services, or remove any content for any reason, at any time, including the availability of any resource, tool, or content on a prior notice of 15 days to all its USERS; and THE COMPANY may impose limits on all or any services or restrict access to the services without prior notice or liability for any loss.


RIGHT TO REFUSE SERVICES

(11a.) THE COMPANY in reference to any commercial activity concerning the Builderall System and Platform may, at any time, refuse to provide services to or to continue providing services to any user at its sole discretion without owning any restitutionary payments or services to the user in question. THE COMPANY will send one (1) email communicating the end of its business relationship with the USER and the reason for cancellation.

(11b.) THE COMPANY also reserves the right to cancel the USER’s subscription if the user publicly, intentional or not, desecrates the company’s image without contacting the support department or board of directors first.

(11c.) The USER must accept all responsibility for their actions when using the Builderall System and Platform and its tools. This includes their interactive behavior or content added, published, or shared in relation to our platform or tools.

(11d.) The USER is not authorized to use the services provided by the Builderall System and Platform for any illegal or unauthorized actions. The USERS are responsible for ensuring that there are no laws or regulations set forth in their Regional, National or International Jurisdiction that are being broken, including but not limited to any and all copyright laws.

(11e.) You may not upload, post, or distribute any viruses, spyware, or any other destructive code within the Builderall System and Platform, websites, or blogs created using the Builderall System and Platform. This will cause the USER’s permanent ban from the system and consequent in the appropriate legal action.


THE BUILDERALL SYSTEM, PLATFORM, AND THIRD-PARTY RELATIONSHIPS

(12a.) Websites created using the Builderall System and Platform may contain links to other websites that do not belong to and are not controlled by THE COMPANY. We do not control nor do we accept any liability for the content, privacy policies, or practices of any third party websites. In addition, THE COMPANY is unable to censor or edit any content of third-party sites or sites developed by any USER.

(12b.) When the user accesses and uses websites created by third-parties on the Builderall System and Platform the USER relieves us from any liability for any damages resulting from the use of third-party websites. Therefore we recommend that before accessing any website or web-based service you read their terms and conditions and privacy policy.

(12c.) The Builderall System and Platform allows the creation of links to images, animations, audio, video, and other content hosted on third-party websites. This is known as "linked content." As a registered USER you can create and upload content which is saved on our servers separately, the “linked content" will not affect your ability to use or view any of your content.

(12d.) The Builderall System and Platform offers the USER a database classified by clip art, icons, gifs, animations, videos, audio sounds, and text which can be included in their websites, e-mails, blogs, etc., royalty-free.

However, images found on the platform are pooled from Google Images and are not the property of the Builderall System and Platform or any of its affiliated companies. DO NOT use these images in your final product without the expressed written consent of the content owner.

Such content owned, purchased or provided by third-parties may have been purchased with a commercial license; for example the clipart and icons available in our website editor. In this case, the use of this content is also governed by these Terms and Conditions of Use, together with the terms and conditions of the contract/license from the third-party provider of the content.

(12e.) The Builderall System and Platform may inadvertently provide templates for websites, blogs, and e-mails whereas some content may belong to a third-party and protected by copyright laws; such as images, fonts, graphics, and other items. The USER may also inadvertently find and use third-party content that may be protected by copyright laws. Make sure if you are not the owner of your website content that you contact the owner before using their property for commercial purposes.

(12f.) If THE COMPANY receives any notification of misuse or unauthorized use of protected content you acknowledge and agree that THE COMPANY, at its own discretion, has the right to:

- Remove the third-party content from our database or its website,

- Restrict access to it, or

- Request the immediate removal of third-party content posted by the user utilizing our platform.

If you do not comply with the instructions of THE COMPANY and do not remove the content within 24 hours of the request, we reserve the right to prevent your access to content and/or delete content at our sole discretion and without liability in which you will not be entitled to any compensation or refund.

(12g.) THE COMPANY, owner of the Builderall System and Platform, reserves the right to request the removal of any content for any of the following reasons:

- Any reverse engineering, decompiling, or disassembling of any third-party content that allows the user to download content not authorized by the content owner;

- Editing, copying, distribution, displaying, sublicensing, tuning, reproduction, plagiarism, selling, sharing, or use of any content of any third-party without the express consent of the owner of the content or THE COMPANY,

- Use of third-party content that does not conform to the rules established on the website

(12h.) Please note that you get 36 days to renew the domain after which the domain enters the "Queued For Deletion" phase which lasts for 6 days where you will be able to renew the domain.
After this phase, the domain enters the restoration phase which lasts for 30 days where you will be able to restore the domain but at a higher cost.
The restoration cost price for a .COM domain is subject to THE COMPANY discretion. The charges for other TLDs are available in the Resellerclub Control Panel.
Once the domain passes the restoration phase the domain will be held by the registry for 4 to 6 days and will be made available for fresh registration on a first come first serve basis.


SHARING CONTENT WITH OTHERS

(13a.) We do not share your information with any third-parties.

We may share a USER’s information with service providers in order to improve the services we provide. Eventually, we will need a third-party company in order to offer some of our services, such as secondary facilities for server hosting.

Within these business operations, our service providers may have access to your personal information and content for a limited time, in regard to the above-stated operations. We have no access to your income or credit card information.

Occasionally, we share expressions of content created by USERS to give those who are not yet registered an idea of what is being created using our platform and how the platform operates. This content is shared in a manner that protects the possibility of any unauthorized editing.
We may use your information for marketing purposes to share the benefits of the company including your name listed on your account, active leads, and/or total commissions earned.

We may be required to share your personal information if mandatory by law enforcement or court order. We will only share your information if we are positive that a legal subpoena has been issued or court litigation is taking place in the prosecution of the Builderall System and Platform user in question regarding information or content located on or within our servers. We may also share your account information, if required by the full implementation of the law, to protect our interests, prevent fraud, or to prevent or counteract any other illegal activity that may have been made possible by utilizing the Builderall System and Platform. This is also true in the event that releasing the user’s personal information may stop an imminent threat of physical harm. This may include sharing information with other companies, lawyers, and government agencies.


ACCESS TO THE BUILDERALL SYSTEM AND PLATFORM

(14a.) THE COMPANY gives you permission to use our tools at Builderall System and Platform as described in these Terms and Conditions of Use provided that:

- The USER does not alter or modify any part of the website that is not reasonably necessary for the intended and authorized use of the platform;

- The platform USER utilizes the hosting services and servers of THE COMPANY;

- The USER is current on all payments due to THE COMPANY regarding the purchase of the Builderall System and Platform subscription, hosting services, and server space.

- The USER respects and complies with the Terms and Conditions of Use.

(14b.) To access the Builderall System and Platform features the USER must first create their own account. The USER should never use another user’s account without his or her expressed permission. To create an account the USER must provide the necessary information. It is important to be truthful and accurate as you are solely responsible for any and all activity that occurs on your account; keep your password(s) secure and confidential. The USER must notify THE COMPANY immediately of any breach of security or unauthorized activity in their account.

The Builderall System and Platform is not responsible for damages caused by unauthorized use of a user’s account, but the USER can and will be held responsible for damages done to THE COMPANY or elsewhere.

The USER is responsible for the security of their account hereby accepting responsibility for any and all activities and actions related to their account. The USER agrees to immediately notify THE COMPANY, in writing, referring to any unauthorized activity on their account or any other breach of security. The USER understands and agrees that THE COMPANY will not and cannot be held responsible for any damages or losses arising from failure to comply with these security obligations.


OWNERSHIP AND PROTECTION

(15a.) The Trademark "Builderall" is owned by Cloud Builder LLC (COMPANY).
-The Trademark is protected by applicable trademark laws, including but not limited to the United States Patent and Trademark Office (USPTO) registration.
-Any unauthorized use of the Trademark is strictly prohibited and may result in legal action.

(15b.) It is prohibited to use any trademark or brand name in your business which is identical to or similar to any of our trademark, brand name or domain name, or derivative thereof, in a manner which is likely to cause deception or confusion, whether during or after the Term, in any video or site created that is promoting the platform and the tools/features it presents. It is prohibited to promote Builderall under its main domains, example: www.builderall.com + your Id number

Domains containing our registered trademark Builderall® are allowed on our platform only under the following circumstances:

The word Builderall is used together with other words in a manner that can be clearly distinguished between official Builderall domains.

Examples:

- No submissions are copyrighted or otherwise subject to proprietary rights, including privacy and publicity, unless you have the consent of the owner of the material;

- You will not post or upload false or inaccurate information that could cause damage to THE COMPANY or to any third-party affiliate.

- You will not post or upload any obscene, libelous, disparaging, threatening, pornographic, insulting, hateful, racist, unethical material.

- You will not post or upload material that may constitute a criminal offense in which conduct is punishable by law including but not limited to material that: promotes illegal drug use, any irresponsible alcohol use, or any other inappropriate behavior.

- You will not pretend to be someone other than yourself or use our platform to assist in stealing the identity of another person.

If you become aware of any misuse of our services by any person please contact us via email here: abuse@builderall.com

(22b.) THE COMPANY does not endorse or accept any opinions, recommendations, or advice in relation to the USER’s material THE COMPANY rejects any responsibility and liability for cases in this regard.

(22c.) The COMPANY does not allow any activity that violates the rights of authorship or ownership in the use of the Builderall System and Platform. When notified, THE COMPANY will remove all submissions that violate any of these rights.

(22d.) THE COMPANY respects the intellectual property of all users and any allegations or alleged violations will be handled in a manner that complies with the Digital Millennium Copyright Act (DMCA). If you believe that your work may have been copied in a way that violates your intellectual property rights, send a formal complaint to contact@builderall.com and include all relevant evidence; including the exact location of the violation(s) and any other content or individuals related to the alleged violation(s).


ABUSE RECURRENCE

(23a.) If the user is considered to be a recurring offender or constantly cited for abuse then THE COMPANY reserves the right to remove the user from our system and all of the user’s content without notice; blocking all access to the website without the right to any refund.

WARNING: If you post any content hosted by us, you must provide a linked image directing back to the original content on our website.

A Note from THE COMPANY:

THE COMPANY may send advertising messages and important updates to the registered account email. If you do not wish to receive these emails, follow the instructions given to unsubscribe from these emails.

(23b.) Blocked accounts with a chance to appeal will still have their content and commission on their account. Only their recurring subscription will cancel. Permanently blocked accounts will have no access to content and commission will be forfeited. Our Abuse Mitigation Team can notify you if you have the right to submit an appeal.

(23c.) VPN Bypassing: Payments made to purchase a Builderall subscription/plan using a VPN to alter or bypass the currency assigned to their region will be penalized as seem fit by the COMPANY.

(23d.) A temporary block may be placed on your account when fraud is suspected to prevent potential ongoing fraudulent activity. This block may be associated with the status of the account or limiting your ability to withdraw any pending/available commission.


SOCIAL MEDIA WIDGETS

(24a.) The Builderall System and Platform includes social media features, content, and widgets that can be linked back to or used for social media interaction and promotion. These resources may need to store your IP address in addition and/or set cookies in your browser in order to properly function. These resources and related social media widgets are hosted by a third party. Integrations with these features are governed by the privacy policy server.


ADDITIONAL RESTRICTIONS

(25a.) No user or subscriber can use the Builderall System and Platform to:

- Promote offensive material, threats, or harm to anyone in any way

- Impersonate any person, or falsely profess an affiliation with any person or entity

- Upload, post, email, transmit, or illegally provide content of any type (such as privileged or confidential information acquired through labor relations or business transactions)

- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertisements as promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of "spam" used to promote their content

- Execute any unethical marketing practices that do not comply with the CAN-SPAM Act 2003 law

- Upload, post, email, or otherwise transmit any material that may contain software viruses or any other computer code or program files which are designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment

- Intentionally violate or fail to comply with applicable policy or regulation in ICANN.

(25b.) The USER agrees to pay damages and hold harmless THE COMPANY of any claims resulting from the use of services that harm itself or any other party.


FRAUD OFFENSES

(26a.) "Stacking-up": This is when a user has an account of their own as their upline/downline.

(26b.) Stolen credit card information: This is a form of identity theft that involves the unauthorized use of another person's credit card information to purchase our plans. The IP address and related information for these transactions will be reported to law enforcement.

(26c.) Distorting/providing inaccurate information: This is when a user willingly or unwillingly distorts information and/or makes promises related to promoting our platform and the features it offers. This includes the capabilities of our features and plans, or promising/advertising tools that are not part of the platform.

(26d.) The punishment for these offenses will depend on the severity and intention of the user. The consequences can vary from a warning to a complete IP and account block.


INVESTIGATION

(27a.) THE COMPANY reserves the right to investigate you, your company and associates, officers, directors, managers, any other unnamed leaders, their websites, and/or all of the content of their websites at any time. This investigation should be made exclusively for the benefit of THE COMPANY and not for your benefit or for a third party. If an investigation reveals any information, act, or omission in which the Company's opinion constitutes a violation of any state or federal laws, local or foreign legislation, or these Terms and Conditions of Use; THE COMPANY may block your access immediately. In this case, you must agree to give up any claim or claims you may have against THE COMPANY, or a third-party in question of being violated, used by the Builderall System and Platform (www.builderall.com).


COMPENSATION PLAN AND BUILDERALL LAUNCHES

(28a.) Any information or details provided by users regarding the commission structure or the amendments of the compensation plan for the launch is considered unofficial until provided by the company itself.

Users who are providing inaccurate information regarding the company's upcoming changes will be contacted and dealt with accordingly.


LIMITED WARRANTY AND DISCLAIMER

(29a.) When the USER accepts these Terms of Use, he or she complies to the following statement:

“I agree that my use of the Builderall System and Platform will be at my own risk.

As permitted by law, THE COMPANY, its officers, directors, employees, and agents disclaim all warranties, expressed or implied, regarding the use of the Builderall System and Platform. The company makes no guarantees or promises regarding the accuracy or integrity of our own websites or websites created on our platform. Under any circumstances THE COMPANY, its officers, directors, employees, or agents shall be liable for any direct or indirect phrases or actions arising from any of the following:

- Errors or content failures;

- Personal or property damage of any kind due to your access and use of the Builderall System and Platform;

- Any access to or unauthorized use of our secure servers and/or personal information stored on them;

Any interruption or termination of transmission of our website and systems and servers for reasons of bugs, viruses, Trojan horses, or similar digital hazard that may have been transmitted to users through our websites by third-parties,

- Any errors or omissions of any content, or for any loss or damage of any kind that may occur as a result of the use of any content posted, sent by email, transmitted, or offered in any way on the Builderall System and Platform.

All the limitations mentioned above are applicable to the full extent of the law in their relative jurisdiction.

(29b.) You specifically agree that THE COMPANY shall not be liable for any submissions (uploads) made by USERS, which may be considered defamatory, offensive, or illegal; all damages and risks are your responsibility.

(29c.) THE COMPANY does not guarantee, endorse, or accept any liability for any products or services advertised or offered by third parties on any website created on the Builderall System and Platform. When you buy any product or service on any website, you must show good judgment. It is your responsibility to express caution by doing proper research on the seller of your intended purchase.

(29d.) THE COMPANY does not recommend using our website and/or systems to host any material that you can not take the risk of losing.

(29e.) Although THE COMPANY strives to offer the best service, THE COMPANY makes no representations that our websites or services are 100% safe and will be online 100% of the time. It is also important to note that because of the nature of the internet nor can any other website or webpage make this claim.

(29f.) Everyone who accesses our websites and systems in regions that prohibit the access and use of them are doing it on their own free will and understand the risks involved. Persons in situations such as this are responsible for their own actions and penalties.


DAMAGE/RETURN

(30a.) You agree to defend, repair, and hold harmless THE COMPANY and its associates, officers, directors, employees, and agents from all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from:

- use and access to the Builderall System and Platform ;

- the violation of any provision of these Terms and Conditions of Use;

- the violation of any rights of third parties including but not limited to copyright, intellectual property rights, and privacy rights,

- any claims that one of his or her performance or contents that may have been used to cause harm to others.

The obligations set forth by THE COMPANY, referring to these Terms and Conditions of Use require the USER’S full acceptance as they refer to all Systems and Platforms owned by THE COMPANY and its representatives. If you do not agree with all of the terms provided, do not understand some, or have any questions about any, please stop using our website and system immediately or contact our support department to receive further clarification.

Events beyond our control

(30b.) Under no circumstances will THE COMPANY be liable for any delays or failures your website(s) experience, and/or any services and information provided herein, when these result directly or indirectly from events that are reasonably beyond our control.

RIGHTS

(30c.) You may not transfer or assign any of these Terms and Conditions of Use and any rights and licenses granted hereunder. However, THE COMPANY may transfer them without restrictions or limitations.
 
 

BETA RELEASE NOTICE

(31a.) Please note and be informed that some websites, systems, and tools are currently in “Beta”. You acknowledge and agree that the system may contain software bugs, experience interruptions, or not work as intended or designed at times. Your use of these specific services at this stage of development is your understanding and agreement to participate in these Beta tests, with the risk of losing some runtime, content, images, designs, and any other content available on the Builderall System and Platform. You understand and accept these risks and will not hold THE COMPANY responsible for any.

For any customer service information send an email to contact@builderall.com.

GENERAL

(32a.) Any claim or dispute that may exist between the USERS and THE COMPANY, and any of its websites, platforms, systems, or services shall be settled only through binding arbitration or legal litigation. Both methods of dispute resolution shall be governed by and take place in Miami-Dade County, Florida, USA, where THE COMPANY is incorporated. This agreement shall be governed by and construed in accordance with the laws of the State of Florida and Miami-Dade County, without regard to its conflict of laws principles.

(32b.) These Terms and Conditions of Use together with the Privacy Policy, GDPR Policy and DPA content, and any other legal notice published by THE COMPANY on its websites constitute a binding agreement between all USERS and THE COMPANY. If any part of these terms and conditions are deemed by any competent court of law with presiding jurisdiction over the land in which THE COMPANY operates is found to be invalid, the invalidity of the item(s) in question will not affect the rest of these terms; which will remain in full effect.

No objection or decline of any provision of these Terms and Conditions of Use will be considered.

(32c.) In case of any violation of any rights or items expressed in these terms and conditions, the user and THE COMPANY agree that the cause of action related to the use of the Builderall System and Platform must occur within one (1) year of the incident.

LAST UPDATED OCTOBER, 2024

CLOUD BUILDER LLC.