Bild (“Bild” or “we”) provides a cloud-based product data management platform. The platform enables teams to collaborate on designs and securely store designs, documentation, and data in the cloud.
These Bild Terms of Service ("Terms") are a legally binding contract between you and Bild. By using, accessing, or registering for a Bild account or any website, software, platform, products, or other properties owned or operated by Bild (“Services”) you expressly accept and agree to be bound by the Terms. If you are using the Services on behalf of an organization, you are agreeing to the Terms for that organization and representing to Bild that you have the authority to bind that organization to the Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with Bild (in which case the terms of that contract will govern your use of the Services). If you do not agree with the Terms, or if you are not legally permitted to accept the Terms, you may not use the Services.
1. Revisions to the Terms.
Bild reserves the right to revise the Terms from time to time. The most current version of the Terms will be posted at www.getbild.com (the "Site"). If we make material changes to these Terms, we will notify you by sending an email to the email address associated with your account or via an in-product notification. If you do not agree with the revised Terms, you must stop using the Services and cancel your account before the revised Terms become effective. By continuing to use or access the Services after Bild publishes or notifies you about the revised Terms, you agree to be bound by the revised Terms.
2. Updates to the Services.
Bild may (a) modify or update the Services (including by adding or removing features or functionality) at any time, or (b) suspend or stop providing all or any portion of the Services.
4. Bild Software.
Your use of the Service may include use of Bild’s downloadable desktop application ("Software"). The Software may update automatically on your device once a new version or feature is available. Subject to your compliance with the Terms and to applicable law, Bild grants you a personal, worldwide, non-assignable, non-sublicensable, and non-exclusive license to use the Software as part of, and solely for use with, the Services.
5. Account Registration and Use.
(a) By registering with Bild you agree to: (i) provide true, current and complete information on the registration form, and (ii) maintain such information so it continues to be true, current and complete. Your Bild account may only be used by you, and you are responsible for all aspects of your account. You may not share, loan or transfer your account, ID or password. You agree to contact Bild if you become aware of any unauthorized use of the Services or your account. You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services.
(b) If the email address associated with your account is provisioned by an organization, you understand and agree that the organization has rights to your account and may (i) manage your account and the content in your account; (ii) reset your password; (iii) view your account usage and profile data, including how and when your account is used; and/or (iv) require Bild to transition your account into the organization’s account.
6. Fees, Billing, Payment Terms.
(a) If you subscribe to a Service, you agree to pay the fees ("Fees") quoted to you by Bild for that Service. You are responsible for all taxes (other than taxes on Bild’s net income) and charges related to your use of the purchased Service. You will pay the Fees in the currency Bild quoted at the time of purchase.
(b) Bild reserves the right to change its prices at any time; provided, that if Bild has offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at Bild’s then-current price for the Service. If you don't agree to this price, you must stop using the Service and cancel your subscription at least two (2) business days prior to the end of the then-current subscription period. If you cancel, your right to access or use the Service ends at the end of your current Service period or payment period, and no refunds for previously paid Services will be issued. If you do not cancel, your subscription for the Service will automatically renew at Bild’s then-current price and term length for the next subscription period (the “Next Subscription Period”). Bild will charge your credit card on file with Bild (if any) on the first day of the Next Subscription Period.
(c) You will provide Bild with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize Bild to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. Bild may bill: (i) in advance; (ii) at or shortly after the time of purchase; or (iii) if you have elected a subscription service, on a recurring basis. You understand and agree that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
(d) If you are purchasing a Bild subscription plan, you and your organization (i) are required to have a Bild account for each user, (ii) will only receive the features and functionality that are included in the specific subscription plan that you have purchased, (iii) are responsible for setting your configurations of the Services, and (iv) are responsible for managing your users' activity and any of your devices and/or any systems that you use to access the Services.
If Bild provides you with a report showing that your organization has more users than purchased accounts, then you will promptly (but in any event with seven (7) days of receiving such report) purchase additional accounts or permanently delete the excess accounts. If your organization has more users than purchased accounts, Bild may place reasonable restrictions on your account until you adequately address your excess users.
(a) All electronic documents uploaded, stored, used, shared or transmitted using the Services (“Content”) by you is yours, and you are responsible for such Content. The Terms do not grant Bild any ownership of your Content, and Bild does not control, verify, or endorse your Content or any third party’s Content. You confirm and represent that you have all required rights to your Content, and that you will not violate any law or the Terms by uploading, storing, using or transmitting Content. You understand and agree that (i) when you share your Content, you may be allowing other people to access and use your Content without further restriction or compensation to you, and (ii) Bild shall have no liability arising from or in connection with your uploading, use, storing, sharing or transmittal of Content.
(b) You hereby provide Bild, and its affiliates, agents and service providers, with the right to store, transmit, process, use and disclose Content and other information which we may obtain in connection with your use of the Services but only (i) as reasonably necessary to provide the Services, (ii) as otherwise permitted by the Terms, or as otherwise required by law, regulation or order of a court or government agency, and/or (iii) to respond to an emergency. Except as otherwise set forth in the Terms, you may request, and Bild will provide, access to or a copy of your Content at any time during your use of the Services pursuant to the Terms.
(a) Bild shall have the right to include your name and logos to identify you as a customer and user of the Services in its marketing materials and press releases, on the Site, and at events, each without having to obtain your prior written consent. If you do not wish to have your name and logos used in the foregoing manner, or if you want Bild to discontinue a particular use of your name and logo, you must so notify Bild via email to firstname.lastname@example.org.
(b) If you are a participant in the “Bilders” program or any successor program thereto, you agree to cooperate with Bild at Bild’s request during the first six (6) months after you commence using the Services to create a case study or testimonial. Such cooperation shall at a minimum involve an initial meeting and discussion with Bild. Bild shall own the case study or testimonial, but shall not publish or publicly use a case study or testimonial containing content referring to you unless you have reviewed and approved such content in writing.
9. Copyright Infringement.
Bild respects the intellectual property of others and will respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable Content alleged to violate copyright laws or the Terms and reserve the right to terminate the account(s) of violators.
10. Bild Confidential Information.
(a) During or in connection with your use of the Services, Bild may share with you sensitive or confidential information, including without limitation information about product roadmaps, product designs and architecture, technology and technical information, security audit reviews, business and marketing plans, or information about Bild’s business processes, or other information designated by Bild as confidential or that a reasonable person would understand to be confidential (collectively, “Bild Confidential Information”). You agree to (i) keep Bild Confidential Information confidential, (ii) not disclose such information to any third party, and (iii) not use such information other than in connection with the Services.
(b) In the event that Bild releases, and you use, products and services that Bild is testing and evaluating, and that are labeled as “alpha”, “beta”, “preview”, “early access”, “evaluation” or with labels that have similar meanings, you agree that (i) such products and services may not be as reliable as other Services, (ii) Bild may contact you to collect your feedback on such products or services, and (iii) you will not disclose to any third party any information about such products and services until they are officially launched by Bild.
11. Bild Acceptable Use Policy.
(a) You agree you will not, and will not assist others to, (i) misuse or harm the Services; (ii) use the Services to harm, threaten or harass Bild or another person or entity, or in any unlawful manner; or (iii) use the Services to build similar products or services.
For example, you must not do, or attempt to do, any of the following in connection with the Services: (A) probe, scan or test the vulnerability of any system or network; (B) damage, disable, overburden, or impair the Services, or circumvent storage space limits; (C) interfere with or disrupt any other user of the Services; (D) use the Services to back up, or as infrastructure for, your own or any third party’s cloud services; (E) breach or circumvent any security measures, or access or use any parts of the Services that you have not been authorized to access or use, or modify or reroute the Services; (F) access or use the Services by any means other than Bild’s publicly supported interfaces, or use any automated process or service to access or use the Services; (G) resell or redistribute the Services or any part thereof; (H) use the Services to, or cause Bild to, violate any law or regulation or distribute any malware or malicious Content; (I) use the Services to transmit any material that is fraudulent, misleading, defamatory, libelous, threatening, or obscene; (J) use the Services in a way that violates or infringes upon the proprietary or intellectual property rights or the privacy or publicity rights of any person or entity; (K) store or transmit information or Content illegally or without permission; or (L) use the Services to store, disseminate or promote child sexually exploitative material, pornography or other indecent materials, terrorism or terrorist activities, acts of violence, or material or actions that may infringe upon legally protected rights of any person.
(b) Bild reserves the right to (i) block or otherwise prevent delivery of any type of file, email or other communication to or from the Service, and/or (ii) deactivate, change and/or require you to change your Bild user ID and links or domains you may obtain through the Service. You agree that if you learn of any unauthorized or unacceptable use of any account, Content or the Services, you will promptly contact Bild and take all reasonable steps to cooperate with Bild and assist in the termination of such use.
12. Suspension or Termination of the Services.
(a) Bild reserves the right to suspend or terminate your access to the Services, or disable your Content, at any time in Bild’s sole discretion if (i) you are in breach of the Terms; (ii) your use of the Services could cause a risk of harm or loss to Bild or other users of the Services; (iii) you have not paid any Fees that are due and payable for the Services; (iv) Bild declines to renew your subscription; or (v) you have not accessed the Services for twelve (12) consecutive months. When reasonable and as permitted by law, Bild will provide you reasonable advance notice of this change, provided that (A) you are not in material breach of these Terms, (B) such notice will not lead to liability for Bild, and (C) such notice will not compromise Bild’s ability to provide the Services to other users. In addition, Bild may decide to discontinue or suspend the Services in response to exception unforeseen circumstances, events beyond Bild’s control (e.g. a natural disaster or other force majeure event), or to comply with a legal or regulatory requirement. For the avoidance of doubt, Bild may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason.
(b) You agree and acknowledge that if your account is suspended or terminated, you may no longer have access to your Content that is stored with the Services. Upon termination you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of the Terms. You must make such request within fourteen (14) days following termination otherwise, any Content you have stored with the Services may not be retrievable and Bild will have no obligation to maintain Content stored in your account after this fourteen (14) day period.
13. Third-Party Products.
Bild may make available to you third-party applications, services or products, for use in connection with the Services ("Third-Party Products"). Your use of the Third-Party Products is solely between you and the applicable third-party provider. Bild makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.
14. Bild Proprietary Rights.
(a) All contents of the Services, the Site and any other website owned or operated by Bild, and all Bild Confidential Information belong to Bild, and/or its suppliers, affiliates, or licensors. Bild or its suppliers, affiliates or licensors own and reserve all rights, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights expressly granted to you in the Terms to use the Services and Bild Confidential Information. No title to or ownership of any proprietary rights related to the Services or Bild Confidential Information is transferred to you pursuant to the Terms or your use of the Services.
(b) If you provide comments, suggestions and recommendations to Bild about the Services (collectively, "Feedback"), you are automatically assigning ownership of this Feedback to Bild.
15. No Warranty.
TO THE EXTENT NOT PROHIBITED BY LAW, BILD AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE SERVICES OR CONTENT WILL BE SECURE OR FREE FROM MALICIOUS ATTACKS BY THIRD PARTIES, OR THAT CONTENT WILL NOT OTHERWISE BE LOST OR DAMAGED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
To the extent not prohibited by law, you will defend Bild against any cost, loss, damage, or other liability arising from any third party demand or claim (“Claim”) that any Content or information provided by you, or your use of the Services (a) infringes a patent, trademark, copyright, or other intellectual property right of a third party, or misappropriates a trade secret (to the extent that such copyright infringement or trade secret misappropriation is not the result of Bild's actions); or (b) violates applicable laws or regulations or the Terms. Bild will reasonably notify you of any such Claim that it receives.
17. Limitation of Liability.
(a) TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR BILD AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF BILD HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
(b) TO THE EXTENT NOT PROHIBITED BY LAW, THE AGGREGATE LIABILITY OF YOU (IN ADDITION TO YOUR OBLIGATION TO PAY FEES) OR BILD AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES, EXCEPT IN RESPECT OF LIABILITY ARISING UNDER SECTION 16 OF THESE TERMS, WILL BE LIMITED TO THE FEE THAT YOU PAID FOR YOUR CURRENT SERVICE OR SUBSCRIPTION PLAN WITH BILD. THE LIMITATIONS AND EXCLUSIONS IN THE TERMS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
(c) IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS AND LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW, BILD IS RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF OUR CONTRACT WITH YOU.
(d) The provisions of this "Limitation of Liability" section allocates the risks between you and Bild, and you and Bild have relied on these limitations in determining whether to enter into the Terms and the pricing for the Services.
18. Compliance with Laws; Dispute Resolution.
(a) You must comply with all domestic and international export and sanctions laws and regulations that apply to your use of the Services (including your use of Bild software).
(b) The Terms, and your relationship with Bild, will be governed by the laws of the State of California, U.S.A. without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, the Uniform Computer Information Transactions Act, and any laws effectuating these conventions do not apply to the Terms. All claims relating to the Services and/or the Terms can only be litigated in the federal or state courts in Santa Clara County, California, U.S.A. and you and Bild both agree to personal jurisdiction in those courts. However, you agree that Bild can apply for injunctive remedies in any jurisdiction.
(c) Unless prohibited by applicable law, you may only resolve disputes with us on an individual basis and may not bring a claim or proceed in a group arbitration proceeding as a plaintiff or a class member in a class, consolidated, or representative action, or in a private attorney general action.
19. General Provisions.
(a) By registering with Bild to use the Services, you understand and consent to Bild sending you information regarding the Services. Notices emailed to you will be considered given and received when the email is sent. If you do not consent to receive notices (other than advertising and marketing materials) electronically, you must stop using the Services.
(b) The Terms apply to the maximum extent permitted by relevant law. If a court holds that Bild cannot enforce a part of these Terms as written, those terms will be replaced with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. The Terms constitute the entire contract between you and Bild regarding the Services, and supersede any prior contract or oral or written statements regarding your use of the Services.
(c) Bild may assign, transfer, or otherwise dispose of its rights and obligations under the Terms, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Services without Bild’s prior written consent.
(d) Bild and you are independent contractors and not legal partners or agents. This contract under the Terms is solely for the benefit of you and Bild. It is not for the benefit of any other person, except for permitted successors.
(e) The failure of you or Bild to assert or enforce any provision of the Terms or to exercise any rights or remedies under the Terms will not be construed as a waiver of the right to assert, enforce or rely upon any such provision, right or remedy in that or any other instance.
(f) If you are a U.S. government entity or if the Terms become subject to the Federal Acquisition Regulations (FAR), you acknowledge that elements of the Services constitute software and documentation and are provided as "Commercial Items" as defined in 48 C.F.R. § 2.101, and are licensed to U.S. government users as commercial computer software subject to the restricted rights described in 48 C.F.R. §§ 2.101 and 12.212.