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Terms of Service for BuildMyAgent

Terms of Service
Effective Date: October 2025
 Operated by: Shiney.ai Inc., a Delaware Corporation (“BuildMyAgent.io,” “we,” “our,” or “us”)
By accessing or using BuildMyAgent.io (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must not access or use the Service.

1. Definitions
Service means the BuildMyAgent.io web platform, APIs, dashboards, widgets, sub-accounts, integrations, and related websites.
 User means any individual or entity that creates an account or otherwise accesses the Service.
 Credits means internal usage units consumed when using platform features.
 Third-Party Services means integrated providers including, without limitation, Twilio, Azure, AWS, ManyChat, Composio, OpenRouter, Vercel, and Stripe.

2. Acceptance of Terms
Use of the Service constitutes acceptance of these Terms, our Privacy Policy, and any policies referenced herein. Continued use after updates constitutes acceptance of revised Terms.

3. Service Overview
BuildMyAgent.io provides software tools for building, testing, deploying, demoing, and integrating AI chatbots via web widgets, SMS, WhatsApp, Instagram, and other supported channels.
 We may modify, suspend, or discontinue any feature at any time without liability.

4. Marketplace and Matchmaking Feature
4.1 BuildMyAgent.io includes a marketplace where businesses may post projects or describe AI-related needs and independent users may apply or offer services.
 4.2 The marketplace functions solely as a connection tool. BuildMyAgent.io is not a party to any agreement, contract, or transaction between users and does not mediate or guarantee engagements.
 4.3 Users are solely responsible for performing appropriate due diligence and complying with applicable laws in any marketplace transaction.
 4.4 BuildMyAgent.io disclaims liability for the quality, legality, or outcomes of any engagement facilitated through the marketplace.

5. Accounts and Access
Users must be at least eighteen (18) years old and have legal capacity to contract.
 Each User is responsible for maintaining account credentials and for all activity under the account.
 BuildMyAgent.io may terminate or suspend any account for abuse, non-payment, or breach of these Terms.

6. Sub-Accounts, White-Labeling, and Agency Use
Agencies may build and manage AIs for clients within their sub-accounts, provided the agency remains the primary account holder.
 Reselling or sublicensing the Service or granting third parties direct access to the platform interface is prohibited.

7. Credits, Billing, and Payments
7.1 Credits are allocated through active subscription tiers and reset on renewal.
 7.2 Credits are non-transferable, non-refundable, and expire at the end of each billing period.
 7.3 Users are solely responsible for monitoring credit balances and usage, including by sub-accounts and automations.
 7.4 All payments are processed in U.S. dollars via Stripe.
 7.5 All sales are final and non-refundable. Cancellation prevents future renewals but does not refund unused time or credits.
 7.6 Users are responsible for all applicable taxes, currency conversions, and banking fees.

8. Pricing Changes
We may change subscription prices at any time upon notice via email or through the platform.
 Existing subscribers may retain prior pricing for up to ninety (90) days before new pricing takes effect.
 Discounts or promotional rates may be modified or revoked with prior notice.

9. Affiliate and Referral Programs
9.1 BuildMyAgent.io may operate affiliate or referral programs through third-party platforms such as Rewardful.
 9.2 Participants must comply with all program terms and refrain from deceptive, misleading, or spam-based promotion.
 9.3 We may suspend or terminate participation at any time for misuse or violation of these Terms.

10. Third-Party Services
10.1 The Service integrates with Third-Party Services. Users must maintain valid accounts and credentials for such services.
 10.2 Users are responsible for all charges, rate limits, or account actions incurred through connected Third-Party Services.
 10.3 BuildMyAgent.io does not warrant availability or performance of any external integration and is not liable for outages, restrictions, or data loss resulting from them.
 10.4 Users must comply with all policies of integrated providers, including but not limited to Twilio, Meta (WhatsApp and Instagram), and ManyChat.

11. Imported Content and AI Outputs
11.1 The “Import Website” feature may store website text on secure cloud storage. Users must have legal rights to all imported content.
 11.2 Imported data is automatically deleted when the related project is removed.
 11.3 Users are solely responsible for all AI-generated outputs, messages, or automations created using the Service.
 11.4 Use of the Service to impersonate individuals, misrepresent affiliations, or violate messaging or data-protection laws is prohibited.

12. Data Handling and Privacy
12.1 BuildMyAgent.io follows data-protection practices consistent with the principles of the GDPR, CCPA, and similar regulations.
 12.2 Personal data is stored on secure infrastructure (AWS, Azure, MongoDB) and encrypted in transit.
 12.3 Upon account closure, personal data is deleted; anonymized data may be retained indefinitely for analytics and improvement.
 12.4 Users may request deletion by contacting support@buildmyagent.io; requests are processed within thirty (30) days.
 12.5 Use of the Service constitutes appointment of BuildMyAgent.io as Data Processor to store and process data for Service operation.

13. Security and SOC 2 Reference
BuildMyAgent.io implements administrative and technical safeguards consistent with industry standards and relies on SOC 2-certified vendors.
 We cannot guarantee absolute security of transmitted or stored data.

14. Ownership and Intellectual Property
14.1 All Service software, designs, and materials are owned by BuildMyAgent.io.
 14.2 Users grant BuildMyAgent.io a non-exclusive, worldwide license to host, process, and transmit their content solely to operate the Service.
 14.3 AIs and chat data created within the platform are owned by BuildMyAgent.io.
 14.4 Users may not copy, modify, or distribute Service materials without written consent.

15. Marketplace Conduct and Fair Use
15.1 Users must submit accurate information and not post misleading or fraudulent listings.
 15.2 The messaging system may be stored for moderation or security auditing.
 15.3 Users shall not use the Service for unsolicited messages, scraping, phishing, or other spam activity.
 15.4 Excessive or automated requests beyond normal usage are prohibited.
 15.5 Violation may result in suspension or termination.

16. Branding
Free or promotional accounts may display “Powered by BuildMyAgent.io.”
 This label may be removed on paid plans at our discretion.

17. Termination and Inactivity
17.1 Accounts may be terminated for abuse, breach, or non-payment.
 17.2 Inactive accounts with no login or payment for six (6) months may be permanently deleted without notice.
 17.3 Termination does not entitle any refund or data restoration.

18. No Warranties
The Service is provided “AS IS” and “AS AVAILABLE.”
 We disclaim all warranties, express or implied, including merchantability, fitness for purpose, and non-infringement.

19. Limitation of Liability
19.1 To the maximum extent permitted by law, BuildMyAgent.io’s total liability shall not exceed the total fees paid by the User in the twelve (12) months preceding the claim.
 19.2 BuildMyAgent.io shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, or goodwill.
19.3 Without limiting the foregoing, BuildMyAgent.io shall have no liability whatsoever for any losses, damages, or costs arising from or related to Service interruptions, downtime, delays, errors, or failures in performance— including, without limitation, failures of messaging delivery, integrations, or AI responses caused by system maintenance, outages, or the actions or inactions of third-party providers such as Twilio, Azure, OpenRouter, or others.

20. Indemnification
Users shall indemnify and hold harmless BuildMyAgent.io, its officers, employees, and affiliates from any claims or damages arising out of:
 (a) use of the Service;
 (b) violation of any law or right; or
 (c) content or data uploaded or transmitted by the User.

21. Force Majeure
BuildMyAgent.io shall not be liable for delays or failures due to causes beyond its reasonable control, including natural disasters, strikes, network failures, or outages of Third-Party Services.

22. Arbitration and Governing Law
22.1 These Terms are governed by the laws of the State of Delaware, United States.
 22.2 All disputes for U.S. Users shall be resolved by binding arbitration in Delaware under the rules of the American Arbitration Association.
 22.3 Non-U.S. Users may elect to resolve disputes in their local jurisdiction if arbitration is not enforceable.
 22.4 For matters not subject to arbitration, Users consent to the exclusive jurisdiction of the Delaware courts.

23. International Use
The Service is operated from the United States but accessible worldwide.
 Users are responsible for compliance with all local laws and regulations applicable to their use of the Service.

24. Modifications
We may revise these Terms at any time. Updates become effective upon posting on BuildMyAgent.io, and continued use constitutes acceptance.

25. Contact
For any questions or legal correspondence:
 Email: support@buildmyagent.io