Buildfire Terms of Service
Thank you for choosing Buildfire!
Please read this Agreement carefully. It includes important information about your rights and account with Buildfire.
1. Agreement & Scope
These Terms of Service (the “Agreement”) govern access to and use of Buildfire’s no/low‑code mobile application platform, plugin marketplace, website (https://buildfire.com/) SDK/API, and related services (collectively, the “Services”). If you have a signed order, services agreement, or MSA with Buildfire (collectively an “Order”), that Order controls to the extent of a conflict; otherwise, this Agreement applies.
By creating an account, clicking “I agree,” or using the Services, you agree to this Agreement on behalf of yourself or the entity you represent (“Customer,” “you”). If you do not agree, do not use the Services.
2. Definitions
- Account: Customer’s registered account enabling access to the Services.
- Confidential Information: Non-public, proprietary, or confidential information, in any form or medium, disclosed by one party to the other party, including but not limited to: technical data, trade secrets, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information concerning the business, affairs, customers, clients, suppliers, plans, personnel, or finances of either party. Confidential Information includes any information that a reasonable person would consider confidential under the circumstances.
- Customer Content: Data, content, images, text, video, audio, code, and materials provided or made available by or for Customer (including End-User data within Customer apps).
- End Users: Users of Customer’s apps or services.
- Third-Party Materials: Third-party plugins, extensions, content, services, or software integrated into or used with the Services.
- Beta Features: Pre-release or experimental features offered by Buildfire that are designated as beta, preview, or evaluation.
- Security Incident: Unauthorized access to or disclosure of Customer Content within Buildfire-controlled systems, confirmed by Buildfire. Security Incident does not include unsuccessful attempts to gain access to Customer Content.
- BAA: A Business Associate Agreement governing processing of Personal Health Information (“PHI”) as defined by HIPAA.
3. Eligibility; Accounts
In order to enter this Agreement, You must be at least the age required by applicable law to form a binding contract (and not barred from receiving services under applicable law) and, if you are entering this Agreement on behalf of an entity, you represent that you have the authority to bind said entity to this Agreement. You will ensure your Account information is accurate and kept current. You are responsible for maintaining the confidentiality of Account credentials and for all activities under your Account.
4. License; Ownership; Feedback
- 4.1 Platform License: Subject to this Agreement and timely payment of fees, Buildfire grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the applicable subscription term solely to build, publish, and operate Customer apps.
- 4.2 Ownership: As between the parties: (a) Customer owns Customer Content and Customer’s app-specific branding; and (b) Buildfire and its licensors own the Services, platform technology, plugins authored by Buildfire, templates, documentation, and all derivatives, updates, and improvements (collectively, “Buildfire IP”). No rights in the Buildfire IP are granted by implication.
- 4.3 App Binaries & Certificates: App packages, signing certificates, provisioning profiles, and similar artifacts generated through the Services remain part of the Buildfire IP and are licensed for use only during the subscription term as set forth under Section 4.1. No ownership in such artifacts is transferred to the Customer unless expressly agreed in a separate written agreement.
- 4.4 Feedback: You grant Buildfire a perpetual, irrevocable, royalty-free license to use and incorporate suggestions or feedback without restriction or compensation. All feedback provided shall immediately become Buildfire’s property.
5. Third‑Party Materials; Marketplace
- 5.1 General. The Services may enable access to Third-Party Materials (including plugins) that are not under Buildfire’s control. Your use of Third-Party Materials is subject to the applicable publisher EULA and privacy terms.
- 5.2 Disclaimers. Buildfire does not warrant or support Third-Party Materials and is not responsible for their availability, accuracy, security, or performance. Your use of Third-Party Materials is entirely at your own risk. Buildfire may remove or disable Third-Party Materials at any time for risk, legal, or technical reasons.
- 5.3 Publisher Terms. Buildfire may require third-party plugin publishers to enter a Developer/Publisher Agreement and to provide end-user EULAs. Customer agrees to accept and pass through such terms to End Users as applicable.
- 5.4 Customer Indemnity (Third-Party Materials). Customer will defend and indemnify Buildfire from all claims arising from or relating to Customer’s selection or use of Third-Party Materials.
6. App Store Dependencies; In-App Purchase
- 6.1 Apple/Google Accounts. Customer is solely responsible for maintaining active Apple App Store and Google Play developer accounts, paying associated fees, and complying with all app-store rules and policies. These agreements are solely between Customer and Apple and/or Google.
- 6.2 No Approval Guarantee. Buildfire does not guarantee approval or ongoing listing of any Customer app by Apple or Google. No credits or refunds will be provided due to rejections, removals, or policy changes by app stores. Approval and ongoing listing is solely at Customer’s risk.
- 6.3 In-App Purchases (IAP). All IAP are processed exclusively by Apple/Google under their terms. Buildfire does not receive, process, or store end-user payment data and is not the merchant of record.
7. Acceptable Use; Prohibited Content
- 7.1 Acceptable Use. You will not: (a) misuse the Services; (b) probe, scan, or test vulnerability of systems; (c) circumvent security; (d) interfere with or disrupt others’ use; (e) send spam or conduct abusive, high-volume, or automated activities that degrade service; (f) reverse engineer or access the Services to build a competing product or for any other purpose; or (g) exceed documented rate limits or quotas.
- 7.2 Prohibited Content/Activities. You will not use the Services for content or activities that are illegal, infringing, defamatory, deceptive, harassing, hateful, violent, exploitative, malware-related, or that promote illicit drugs, weapons, or extremist content. You are responsible for complying with all advertising, marketing, consumer-protection, and financial-services laws relevant to your apps.
- 7.3 Child-Directed Apps (COPPA). You are solely responsible for complying with COPPA and other child-privacy laws, including verifiable parental consent, data minimization, and disclosures. Buildfire may suspend apps suspected of non-compliance.
- 7.4 Regulated Data. PHI is prohibited unless the parties execute a separate BAA. You will not input PHI, cardholder data subject to PCI DSS, or other regulated data except through approved, compliant processors or integrations and will not input or provide Buildfire with any such information or data unless you have first entered into another, compliant, agreement with Buildfire. You will indemnify Buildfire for any claims related to processing such regulated data in the absence of a separate, compliant agreement.
- 7.5 Export/Sanctions. You will comply with all export control and sanctions laws and will not use the Services where prohibited.
- 7.6 Applicable Law. You will comply with all applicable law related to your business activities and/or any app for which you use the Services.
8. Developer Tools (SDK/API); Rate Limits
Buildfire may provide SDKs, APIs, and documentation (collectively “Developer Tools”). Subject to this Agreement, Buildfire grants a limited, revocable, non-sublicensable license to use Developer Tools solely to integrate with the Services. Buildfire may modify Developer Tools and update rate limits from time to time and while we make every effort to make modifications backwards compatible there may be limitations. Buildfire may audit usage, throttle, or revoke keys where necessary for security, performance, or policy compliance.
9. Fees, Trials, Renewal, and Taxes
- 9.1 Fees; Taxes. Fees are as described in your Order or plan tier. Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes based on Buildfire’s income.
- 9.2 Trials. Unless stated otherwise, trials last 30 days and convert to paid plans unless canceled before the trial ends. Buildfire may limit features during trials.
- 9.3 Auto-Renewal. Subscriptions auto-renew for successive periods as set forth in the Order (monthly or annually, as applicable) unless canceled prior to the renewal date via the account portal or through a written notice method specified in §19.
- 9.4 Refunds; Proration. Fees are non-refundable and not subject to credit or proration, except where required by law or as Buildfire may grant in its sole discretion.
- 9.5 Price Changes. Buildfire will provide at least 30 days’ prior notice of price changes for recurring plans; you may cancel before the effective date but if you do not cancel, the new price shall apply.
- 9.6 Consolidation. With Customer consent, Buildfire may consolidate multiple subscriptions for billing simplicity.
10. Availability; Support; Changes to Services
- 10.1 No Public SLA. Buildfire will use commercially reasonable efforts to make the Services available, but the Services are provided without a guaranteed Service Level Agreement (“SLA”). See Buildfire’s status page for real-time status (https://health.buildfire.com/). Any credits or remedies require a separate signed SLA.
- 10.2 Maintenance; Changes. Buildfire may perform scheduled and unscheduled maintenance and may modify or discontinue features in its sole discretion. For material changes that adversely affect core functionality, Buildfire will provide reasonable advance notice where practicable.
- 10.2 Maintenance; Changes. Buildfire may perform scheduled and unscheduled maintenance and may modify or discontinue features in its sole discretion. For material changes that adversely affect core functionality, Buildfire will provide reasonable advance notice where practicable.
11. Security; Privacy; Data Processing
- 11.1 Security. Buildfire implements commercially reasonable technical and organizational measures to protect Customer Content, proportionate to the nature of processing.
- 11.2 Security Incidents. Buildfire will notify Customer of a confirmed Security Incident without undue delay after confirmation and provide information reasonably available to assist Customer’s assessment, subject to law-enforcement and confidentiality constraints.
- 11.3 Privacy & DPA. Processing of personal data is governed by Buildfire’s Privacy Policy https://buildfire.com/privacy-policy/ and any applicable Data Processing Addendum (DPA) entered into by the Customer and Buildfire, incorporated by reference or executed between the parties. If a BAA is executed, it governs PHI handling and controls in case of conflict with this Agreement.
12. Data Retention; Deletion; Export
- 12.1 Retention. Upon termination, Buildfire may retain inactive Customer Content for up to 6 months for limited backup, audit, and legal-compliance purposes, after which it is purged. Backup media may persist for up to 90 days.
- 12.2 Deletion Timeline. Account-level deletion processes are generally complete within approximately 30 days from effective termination. Timelines may be extended as required by law or for billing/tax purposes.
- 12.3 Export. Prior to termination or within 30 days after termination, Customer may export user and content data via provided tools (e.g., CSV). Customer’s export is the only functionality offered for the return of Customer Content and other data. Binaries, signing certificates, and Buildfire IP are excluded from export unless expressly agreed in writing.
- 12.4 End User Requests. If a Customer End User contacts Buildfire wishing to access the personal data that Buildfire holds about them, Buildfire will direct them to Customer to respond to and complete that request.
13. Warranties; Disclaimers
- 13.1 Limited Warranty. Buildfire will use commercially reasonable efforts to provide the Services substantially in accordance with the then‑current documentation.
- 13.1 Limited Warranty. Buildfire will use commercially reasonable efforts to provide the Services substantially in accordance with the then-current documentation.
- 13.2 Exclusions. The Services, Beta Features, and Third-Party Materials are provided AS IS and, as noted above, Third-Party Materials are not provided by Buildfire. Buildfire disclaims all warranties not expressly stated, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No information or advice creates a warranty.
14. Indemnification
- 14.1 By Customer. Customer will defend, indemnify, and hold harmless Buildfire and its affiliates from claims, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) Customer Content; (b) apps submitted to app stores (including marketing, metadata, and compliance); (c) Customer’s use of Third-Party Materials; (d) Customer’s violation of law (including COPPA, export/sanctions, advertising, consumer, or privacy laws); (e) any PHI processed without a BAA; (f) use of AI-generated content in Customer apps; and (g) breach of this Agreement.
- 14.2 By Buildfire (IP Indemnity). Buildfire will defend Customer against third-party claims alleging that the unmodified Services infringe a valid U.S. patent, copyright, or trademark, and will pay damages finally awarded (or settlement amounts approved by Buildfire), provided Customer promptly notifies Buildfire, provides reasonable cooperation, and allows Buildfire sole control of the defense. Remedies: Buildfire may (i) modify or replace the Services; or (ii) terminate the affected Services and refund prepaid fees for the remaining term. This §14.2 does not apply to claims arising from Customer Content, combinations not supplied by Buildfire, Third-Party Materials, or use contrary to documentation.
15. Limitation of Liability
- 15.1 Cap. Except for amounts payable under §14.1 (Customer indemnity), neither party’s liability for damages arising out of or relating to this Agreement will exceed the fees paid or payable by Customer to Buildfire under this Agreement in the 12 months preceding the event giving rise to the claim.
- 15.2 Exclusion of Certain Damages. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenues, goodwill, or data, even if advised of the possibility of such damages and even if a remedy fails of its essential purpose.
- 15.3 Limited Exceptions. The foregoing limitations do not apply to: (a) Customer’s indemnity obligations under §14.1; (b) either party’s breach of confidentiality; or (c) Buildfire’s IP indemnity obligations under §14.2.
16. Suspension; Termination; Effect of Termination
- 16.1 Suspension. Buildfire may suspend access to the Services or disable apps or plugins immediately if: (a) necessary to address security risk or legal obligation; (b) Customer violates §7 (Acceptable Use) or §6 (App-Store Dependencies); or (c) fees are past due.
- 16.2 Term; Termination. This Agreement continues for the subscription term and renewals as set forth in the Order unless terminated: (a) by either party for material breach not cured within 30 days after written notice; or (b) by Buildfire for repeated or severe violations of §7 or legal obligations.
- 16.3 Effect. Upon termination: (a) licenses and access cease; (b) unpaid fees become due; (c) Customer may export data per §12.3; and (d) deletion/retention proceeds per §§12.1–12.2. Sections that by their nature should survive (including §§4, 5.2–5.4, 6, 7, 9.4–9.6, 10.1–10.2, 11–15, 16.3, 17–22) survive termination.
17. Confidentiality
Each party may have access to the other party’s Confidential Information. The receiving party will use the same degree of care it uses to protect its own similar information (but no less than reasonable care) to protect the disclosing party’s Confidential Information and will use it only for purposes of this Agreement. Exclusions include information that is public without breach, independently developed, rightfully received from a third party, or required to be disclosed by law (with prompt notice where lawful).
18. AI Features
- 18.1 Use & License. Subject to this Agreement, Customer may use AI features to generate content or guidance. Customer is responsible for reviewing outputs before use. Customer receives a license to use outputs in Customer apps. Customer uses all AI features at its own risk.
- 18.2 Model Providers. Certain AI features may be provided by third-party model providers; their terms may apply in addition to this Agreement and shall be considered “Third-Party Materials” as set forth above.
- 18.3 Inputs/Outputs for Improvement. Buildfire may use anonymized prompts and outputs to improve Services. Enterprise customers may opt out via account settings or by contacting Buildfire support.
- 18.4 Restrictions. Customer shall not submit sensitive data (including PHI) to AI prompts unless covered by a BAA and explicitly permitted by the feature. AI outputs may be inaccurate, incomplete, or infringing; Buildfire disclaims responsibility for outputs published by Customer.
19. Changes to Terms; Notices; Electronic Communications
- 19.1 Changes to Terms. For material changes, Buildfire will provide 30 days’ prior notice (email, in-product, or portal) unless a change is required by law or for security. If you object to material changes, you may cancel before the effective date of the change. No refunds will be provided by Buildfire.
- 19.2 Notices. Notices to Buildfire must be sent to legal@buildfire.com with a copy to Curious Two Inc, DBA Buildfire, 2838 NW Crossing Dr Suite 213, Bend, Oregon 97703, US. Notices to Customer may be sent to the email associated with the Account or through the Services.
- 19.3 Electronic Communications. You consent to receive communications electronically and agree that such communications satisfy legal requirements.
20. DMCA; Reporting
- 20.1 DMCA Agent. Send copyright notices to Buildfire’s Designated Agent: Samantha Forster, CEO, 2838 NW Crossing Dr Suite 213, Bend, Oregon 97703, US, support@buildfire.com.
- 20.2 Notice Requirements. Notices must include: (a) a physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material to be removed; (d) contact information; (e) a statement of good-faith belief; and (f) a statement under penalty of perjury.
- 20.3 Counter-Notice. If you believe material was removed by mistake, send a counter-notice with: (a) your signature; (b) identification of the removed material; (c) your contact information; (d) a statement under penalty of perjury that you have a good-faith belief the material was removed due to mistake or misidentification; and (e) consent to jurisdiction of the federal court in Deschutes County (Bend), Oregon. Buildfire may restore content at its discretion.
- 20.4 Repeat Infringers. Buildfire may terminate Accounts of repeat infringers in appropriate circumstances.
21. Partners, Resellers, and White Label
- 21.1 Partner Relationship. Where Customer acquires Services from an authorized Partner/Reseller, that Partner contracts with and supports its end-customers. Buildfire is not a party to the Partner’s end-customer agreement.
- 21.2 Pass-Through. Partners must pass through end-customer terms no less protective than this Agreement and Buildfire’s Privacy Policy. Buildfire may communicate directly with end-customers regarding legal or security matters and may suspend sub-accounts for risk/legal reasons.
- 21.3 Reference Terms. Partner program terms are available by contacting your Account Manager, or by reaching out to support@buildfire.com.
22. Miscellaneous
- 22.1 Governing Law; Venue. This Agreement is governed by the laws of the State of Oregon, without regard to conflicts principles. The exclusive venue for actions arising out of or relating to this Agreement is the state or federal courts located in Deschutes County (Bend), Oregon. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
- 22.2 Assignment. Either party may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets. Otherwise, neither party may assign without the other party’s prior written consent, not to be unreasonably withheld.
- 22.3 Force Majeure. Neither party is liable for delays or failures due to events beyond its reasonable control.
- 22.4 Publicity. With Customer’s prior consent (email suffices), Buildfire may use Customer’s name and logo for marketing of Customer as a client.
- 22.5 Entire Agreement; Order of Precedence. This Agreement, together with any Order, Privacy Policy, DPA/BAA (if applicable), and incorporated policies, is the entire agreement. Order of precedence: (1) BAA (for PHI), (2) DPA (for personal data), (3) signed Order/MSA, (4) this Agreement, (5) referenced policies.
- 22.6 Severability; No Waiver. If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.
- 22.7 Interpretation. “Including” means “including without limitation.” Headings are for convenience only.
This agreement was last updated December 1, 2025.
