Effective date: August 1st, 2017
1.1 Bobuild (also “the Service” or “the Services”) is a service offered by Nomeasy di Giovanni Losi, providing creation and hosting of web applications (“apps”) through an online interface (the “Builder”).
1.2 “Customer” refers to the person who creates an account on Bobuild and uses its services. If the Customer is operating on behalf of an organization, they agree to these Terms on behalf of that organization and they represent that they have the authority to do so. In such case, “Customer” will refer to that organization.
2. Public Beta
2.1 Public Beta. Customer understands and acknowledges that Bobuild is being provided as a “Public Beta”, and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing Bobuild with feedback on its quality and usability. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information. Bobuild can arbitrarily limit functionality or terminate accounts without prior notice, as well as modify or remove features. In addition, Bobuild is not obligated to provide any technical support.
2.2. Fees for Public Beta. During Public Beta, the Customer can use Bobuild for free with no restrictions.
2.3 Public Beta Termination. Bobuild may at any time terminate the Public Beta, even without prior notice. Apps built by the Customer and data stored within such apps will be deleted.
2.4 Transition to paid plans. Prior to terminating the Public Beta, Bobuild may send notice to Customer offering the transition to a paid plan under revised Terms of Service.
3.2. Confidentiality. Bobuild will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the privacy policies). However, Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Bobuild); (b) was lawfully known to Bobuild before receiving it from Customer; (c) is received by Bobuild from a third party without knowledge of breach of any obligation owed to Customer; or (d) was independently developed by Bobuild without reference to Content. Bobuild may disclose Content when required by law or legal process, but only after Bobuild, if permitted by law, uses commercially reasonable efforts to notify Customer to give them the opportunity to challenge the requirement to disclose.
3.3. Security. Bobuild will store and process Content in a manner consistent with industry security standards. Bobuild has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of Content and to mitigate the risk of unauthorized access to or use of Content.
4. Account Terms
4.1. Required Information. Customer must provide a valid e-mail address along with name and last name in order to complete the signup process. If opting for a paid account, additional information will be necessary for billing purposes.
4.2. Account Requirements. Customer must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted. If Customer is an individual, they may only use the Service if they have the power to form a contract with Bobuild. None of the Services are intended for use by individuals less than 13 years old. If Customer is under 13 years old or do not have the power to form a contract with Bobuild, they may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors. If Customer is not an individual, they warrant that they are validly formed and existing under the laws of their jurisdiction of formation, that they have full power and authority to enter into these Terms.
4.3. User Account Security. Customer is responsible for keeping their account secure, including the password. Customer will promptly notify Bobuild if they become aware of any unauthorized use of, or access to, our Service through their account.
5.1. Customer Retains Ownership of Content. Customer retains ownership of all of the intellectual property rights in Content. Bobuild does not claim ownership over any of the Content. These Terms do not grant Bobuild any licenses or rights to Content except for the limited rights needed to provide the Services, and as otherwise described in these Terms.
5.2. Limited License to Content. Customer grants Bobuild a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit Content, but only for the limited purposes of providing the Services to Customer and as otherwise permitted by Bobuild’s privacy policies. This license for such limited purposes continues even after Customer stops using the Services, with respect to aggregate and de-identified data derived from Content and any residual backup copies of Content made in the ordinary course of Bobuild’s business. This license also extends to any trusted third parties Bobuild works with to the extent necessary to provide the Services to Customer. If Customer provides Bobuild with feedback about the Services, Bobuild may use such feedback without any obligation.
5.3. IP Claims. Bobuild respects the intellectual property rights of others, and they expect their users to do the same. If Customer is suspected to be infringing upon a third party’s intellectual property rights, reports may be sent to Bobuild.
6. Bobuild IP and Brand
6.1. Bobuild IP. Neither these Terms nor the use of the Services grants Customer ownership in the Services or the content accessed through the Services (other than Customer’s Content).
6.2. Brand use rules. Customer may use Bobuild brand assets for non-commercial purposes, including in connection with academic research. For commercial uses, such as including Bobuild brand assets in a product for sale, Customer shall request permission. Bobuild may require Customer to stop using their brand assets if they believe that use falls outside these Terms or the scope of any granted permission.
7. User Content
7.1. User Content. The Services display content provided by others that is not owned by Bobuild. Such content is the sole responsibility of the entity that makes it available. Correspondingly, Customer is responsible for their own Content and they must ensure that they have all the rights and permissions needed to use that Content in connection with the Services. Bobuild is not responsible for any actions Customer takes with respect to their Content, including sharing it publicly. Content from the Services shall not be used unless the permission of its owner was first obtained.
7.2. Content Review. Customer acknowledges that, in order to ensure compliance with legal obligations, Bobuild may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Bobuild otherwise has no obligation to monitor or review any content submitted to the Services.
7.3. Third Party Resources. Bobuild may publish links in its Services to Internet websites maintained by third parties. Bobuild does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
8. Acceptable Use
8.1. Legal Compliance. Customer must use the Services in compliance with, and only as permitted by, applicable law.
8.2. Customer’s Responsibilities. Customer is responsible for their conduct, Content, and communications with others while using the Services. Customer must comply with the following requirements when using the Services:
- (a) Customer may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
- (b) Customer may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
- (c) Customer may not circumvent or attempt to circumvent any limitations that Bobuild imposes on their account (such as by opening up a new account to publish Content that we have removed for a Terms violation).
- (d) Unless authorized by Bobuild in writing, Customer may not probe, scan, or test the vulnerability of any Bobuild system or network.
- (e) Unless authorized by Bobuild in writing, Customer may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
- (f) Unless permitted by applicable law, Customer may not deny others access to, or reverse engineer, the Services, or attempt to do so.
- (g) Customer may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
- (h) Customer may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Bobuild will endeavor to notify Customer of any abusive or excessive usage to provide them with an opportunity to reduce such usage to a level acceptable to Bobuild.
- (i) Customer may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
- (j) Unless authorized by Bobuild in writing, Customer may not resell or lease the Services.
- (k) If Customer’s use of the Services requires them to comply with industry-specific regulations applicable to such use, they will be solely responsible for such compliance, unless Bobuild has agreed with you otherwise. Customer may not use the Services in a way that would subject Bobuild to those industry-specific regulations without obtaining Bobuild’s prior written agreement.
- (l) Customer may not send unsolicited communications, promotions or arvertisements, or spam.
- (m) Customer may not send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”.
- (n) Customer may not send publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence, or that advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability or impairment.
9. Suspension and Termination of Services
9.1. By the Customer. If Customer terminates a Subscription in the middle of a billing cycle, they will not receive a refund for any period of time they did not use in that billing cycle unless they are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after Customer have so notified us in writing; or (b) a refund is required by law.
9.2. By Bobuild. Bobuild may terminate the Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to the Customer. Bobuild may suspend performance or terminate the Subscription for any of the following reasons: (a) Customer has materially breached these Terms and failed to cure that breach within 30 days after Bobuild has so notified them in writing; (b) the Customer ceases their business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) Customer fails to pay fees for 30 days past the due date. Additionally, Bobuild may limit or suspend the Services to the Customer if they fail to comply with these Terms, or if they use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Bobuild may also suspend providing the Services to the Customer if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services the Customer receives, we will endeavor to give them advance notice and an opportunity to export a copy of the Content from that Service. However, there may be time sensitive situations where Bobuild may decide that immediate action is needed without notice. Bobuild will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Bobuild has no obligation to retain the Content upon termination of the applicable Service.
9.3. Further Measures. If Bobuild stops providing the Services to the Customer because they repeatedly or egregiously breach these Terms, Bobuild may take measures to prevent the further use of the Services by the Customer, including blocking their IP address or e-mail address.
10. Changes and Updates
10.1. Changes to Terms. Bobuild may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Bobuild website. If an amendment is material, as determined in Bobuild’s sole discretion, Bobuild will notify you by email. Notice of amendments may also be posted to Bobuild’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Bobuild to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
10.2. Changes to Services. Bobuild constantly changes and improves the Services. Bobuild may add, alter, or remove functionality from a Service at any time without prior notice. Bobuild may also limit, suspend, or discontinue a Service at its discretion. If Bobuild discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Bobuild may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
11. Disclaimers and Limitations of Liability
11.1. Disclaimers. While it is in Bobuild’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND BOBUILD DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
11.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOBUILD, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BOBUILD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF BOBUILD, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO BOBUILD FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) EUR 200.00.
11.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
11.5. Businesses. If you are a business, you will indemnify and hold harmless Bobuild and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
12. Communications with Bobuild
12.1. Electronic Communication Required. For contratual purposes, Customer consents to receive communications from us in an electronic form via the e-mail address submitted at signup time. Customer also agrees that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to them electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
12.2. Legal Notice to Bobuild must be in writing. Communications made through e-mail or Bobuild Support’s messaging system will not constitute legal notice to Bobuild or any of its officers, employees, agents or representatives in any situation where notice to Bobuild is required by contract of any law or regulation. Legal notice to Bobuild must be in writing to the following postal address:
Nomeasy di Giovanni Losi
via Angelo Righetti 16
12.3. No Phone Support. Bobuild only offers support via e-mail, tickets or chat. We do not offer telephone support for now.
13. Other Terms
13.1. Assignment. You may not assign these Terms without Bobuild’s prior written consent, which may be withheld in Bobuild’s sole discretion. Bobuild may assign these Terms at any time without notice to you.
13.2. Entire Agreement. These Terms constitute the entire agreement between you and Bobuild, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
13.3. Independent Contractors. The relationship between you and Bobuild is that of independent contractors, and not legal partners, employees, or agents of each other.
13.4. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
13.5. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
13.6. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
13.7. Survival. All provisions of this Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Language and Governing Law
14.1. Governing Law. These Terms will be governed by Italian law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.