BILT Terms of Use

Please scroll down and read the following Terms of Use carefully. This is a legal agreement (the “Agreement” or “Terms”) between you and BILT Incorporated (“BILT”), which provides the terms of your use of one or more of our software applications (individually or collectively the “Apps”), the connected backend services, and our websites (the “Sites”) (collectively the Apps, backend services, and Sites referred to herein as the “Software”). “You” and “your” refers to you as an individual or to you as an employee or agent of a BILT customer (you may be referred to herein as an “Agent”) who has the right to enter into this Agreement on behalf of the company who wishes to use the Software. By using the Software or installing and/or using the Apps, you are agreeing to all the terms and conditions stated in this Agreement. If you do not agree to these Terms, do not use the Apps, Sites or Software.

License

Subject to the terms, conditions and limitations stated in this Agreement, BILT grants you: (1) a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to run the Apps on your device solely for your personal, non-commercial use; or (2) if you are an Agent of a company with an agreement with BILT you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to run the Apps n your device for use in commercial settings and locations. You are further granted: (1) a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to display the Content (defined below) solely within the Apps for your personal, non-commercial use: or (2) if you are an Agent you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to display the Content (defined below) solely within the Apps for use in commercial settings and locations. You are not permitted to use the Apps, Software, or any Content therein for any purpose other than as expressly permitted under this Agreement. BILT may audit your use of the Apps, Software, or Content. You must use the Apps, Software, and Content only in a manner consistent with this Agreement. YOU ARE NOT PERMITTED TO USE THE CONTENT OUTSIDE OF THE APPS OR SOFTWARE.

Use of the Sites, Apps, or Software

You must be 13 years or older to use the Sites, Apps, or Software. The Apps allow you to (i) access visual instructions (“Instructions”) and other content (“Content”) from BILT or from third-parties including product providers; (ii) store information about services or products you have used, assembled, installed, purchased, or reviewed, including receipts, images of receipts, and warranty information; and (iii) send product registration information to the product provider, among other functionality. Use of the Sites or Software and features therein are at your own risk. THE SITES, SOFTWARE AND THE CONTENT DO NOT REPLACE PRODUCT PROVIDER INSTRUCTIONS, DISCLAIMERS OR WARNINGS. PLEASE REVIEW ALL PRODUCT DOCUMENTATION AND PACKAGING INFORMATION CAREFULLY BEFORE USE.

You must not: (i) interfere with or disrupt the Apps, Sites or Software, other equipment or networks connected to the Apps, Sites or Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Apps, Sites or Software made known to you; (ii) circumvent the user authentication or security of the Apps, Sites or Software or any host, network, or account related thereto; (iii) make any use of the Apps, Sites or Software that violates any applicable local, state, national, international or foreign law; (iv) except for licenses provided to you as permitted in this Agreement, allow any third party to use any user identification(s), code(s), password(s), and procedure(s) issued to, or selected by, you for access to the Apps, Sites or Software.

You agree BILT may send you messages and notifications through the Apps, Software or by email, if provided, related to BILT, Instructions you have downloaded, or from the manufacturers of the products for which you have downloaded Instructions.  You also agree BILT is entitled to monitor and enforce your compliance with the terms of this Agreement. BILT may utilize the information concerning your use of the Apps, Sites, Software, or Content to improve BILT products and services and the products and services of product providers that provide the Content. If you submit a review, rating, comment, or testimonial (a “testimonial”) then you agree that we may publish your testimonial, together with your name and any image, video or logo that you upload using the Apps or Software, to the Sites or to our social media feeds, or to our 3rd party review syndication partners. We may use, publish, or distribute such testimonial on our Sites, our Software, any social media feed, through our syndication partners for use on our websites, and any successor website or feed that we may operate from time to time and in such position as we may determine in our sole discretion. You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial. However, we will never edit a testimonial in such a way as to create a misleading impression of your review. In addition, you agree that we may share any testimonial with any product supplier of the product you may have installed or assembled or the retailer which sold the product. These suppliers and retailers may use such testimonial on their websites, on their social media feeds, or through their review syndication partners, and any successor website or feed that they may operate from time to time.

Privacy

Your privacy is important. Please read our Privacy Policy Statement (https://biltapp.com/bilt-privacy-statement/) to learn about our privacy practices, how we use the information we collect. Your acceptance of these Terms is also your acceptance to the use of the information we collect as set forth in the Privacy Policy Statement.

Data Transfer

As stated in our Privacy Policy Statement, we may transfer personal data to third party processor companies (i.e., cloud data and server services) that help us provide our service. Such third-party processors are located in, and the transfers are limited to, the United States, countries in the European Union, or to companies under strict legal requirements to protect your data. These processors are controlled by data processing agreements providing the same protections of your personal data. Your agreement to these terms includes your consent to such transfer of your personal data including storage of your data, including personal data in the cloud. You also agree that we may store receipts, images of receipts, warranties, images of warranties, warranty information, or any other images you upload to the Software or Sites including storage in the cloud.

Intellectual Property

BILT and its licensors retain all ownership and intellectual property rights in the Apps, Sites, the Software and Content. You may not: (i) remove or modify any trademarks or proprietary notices of BILT or product providers; (ii) provide or make the Apps, Sites, Software or Content available to any third party; (iii) use the Apps, Sites, Software or Content to provide third party training for BILT products or product instructions on BILT; (iv) assign this Agreement or give or transfer your access to the Apps, Sites, Software or Content, or any interest in them, to another individual or entity; (v) decompile, disassemble, or reverse engineer the Apps, Sites, the Software, or the Content or any part thereof; (vi) create derivative works based on the Apps, Sites, Software, or Content or any part thereof; or (vii) use BILT’s or any product provider’s name, trademark or logo. NO WARRANTY FOR CONTENT OR THIRD-PARTY SERVICES. The Content and any service provided in our through the Software is provided “AS IS”. Any use or reliance on any Content or materials available via the Apps, Sites, or Software or obtained by you through the Apps, Sites or Software is at your own risk. Under no circumstances will BILT or its affiliated companies (the “BILT Entities”) be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content (including the Instructions), or any loss, injury or damage of any kind incurred as a result of the use of any Content (including the Instructions) made available through the Apps, Sites, or Software.

NO WARRANTY FOR THE SITES OR SOFTWARE

THE SITES AND CONTENT ARE AVAILABLE AND THE APPS AND SOFTWARE IS PROVIDED OR LICENSED TO YOU “AS IS”, WITHOUT ANY WARRANTY, ESCROW, TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS WHATSOEVER ON THE PART OF THE BILT ENTITIES. BILT MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE APPS, SITES, SOFTWARE OR CONTENT, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, SAFETY, PERFORMANCE, DATA LOSS, AND UTILITY IN A PRODUCTION ENVIRONMENT. BILT DOES NOT WARRANT THAT THE APPS, SITES OR SOFTWARE WILL BE AVAILABLE UNINTERRUPTED OR PERMANENTLY AND BILT DRAWS YOUR ATTENTION TO THE FACT THAT AVAILABILITY IS SUBJECT TO THE SOLE DISCRETION OF THE OPERATOR OF THE RELEVANT APP STORE WHERE THE APPS ARE OFFERED.

LIABILITY

IN NO EVENT SHALL THE BILT ENTITIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES IN AN AMOUNT IN EXCESS OF $100 ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APPS, SITES, SOFTWARE OR CONTENT OR IN CONNECTION WITH BILT’S PROVISION OF OR FAILURE TO PROVIDE SERVICES PERTAINING TO THE APPS OR SOFTWARE, OR AS A RESULT OF ANY DEFECT IN THE APPS, SOFTWARE OR CONTENT. THIS DISCLAIMER OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION THAT MAY BE BROUGHT AGAINST THE BILT ENTITIES, WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION ANY ACTION FOR NEGLIGENCE. YOUR SOLE REMEDY IN THE EVENT OF BREACH OF THIS AGREEMENT BY BILT OR FOR ANY OTHER CLAIM RELATED TO THE APPS, SITES, SOFTWARE, CONTENT OR BILT MATERIALS SHALL BE TERMINATION OF THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES SHALL THE BILT ENTITIES OR THEIR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE LIKELIHOOD OF SUCH DAMAGES.

Indemnification

You will indemnify, defend and hold harmless the BILT Entities, its officers, directors, affiliates and suppliers from and against any losses, claims, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to the Apps, Sites, Software, or Content (including negligent or wrongful conduct) by you, directly or indirectly, or by any other person accessing the Apps, Sites, Software, or Content through your account.

Export

The Apps, Sites, Software, and Content are subject to US and EU export control regulations. You confirm that: (i) you will not use the Apps, Sites, Software, and Content for, and will not allow the Apps, Sites, Software, and Content to be used for, any purposes prohibited by US and EU law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction, (ii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, (iii) you are not a citizen, national, or resident of, and are not under the control of, the government of: Cuba, Iran, Sudan, Iraq, North Korea, Syria, nor any other country to which the United States has prohibited export, (iv) you will not download or otherwise export or re-export the Apps, Software, or Content, directly or indirectly, neither to the above-mentioned countries nor to citizens, nationals or residents of those countries, (v) you are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor listed on the United States Department of Commerce Table of Denial Orders or any other U.S. government list of prohibited or restricted parties and (vi) you will not download or otherwise export or re-export the Apps, Software, or Content, directly or indirectly, to persons on the above-mentioned lists.

No Support

BILT does not offer support for the Apps, Sites, Software, and Content other than, at its sole discretion, provision of updates, patches, bug fixes and new versions or the Apps, Sites, and Software, and Content. BILT is not responsible for product support of the products in the Instructions.

Term and Termination

You may terminate this Agreement by destroying all copies of the Apps or Software on your mobile or smart device or computing device. BILT may terminate your license to use the Apps, Sites, Software, and Content for any or no reason at any time with or without notice to you. In case of termination or expiration of this Agreement, you must destroy all copies of the Apps, Software, or Content on your smart, mobile, or computing device.

Law/Venue

This Agreement shall be governed by and construed under the State of Delaware law, without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and United States of America law, rules, and regulations, United States of America law, rules, and regulations shall prevail and govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The Uniform Computer Information Transactions Act as enacted shall not apply.

Miscellaneous

This Agreement is the complete Agreement for your use of the Apps, Sites, Software, and Content (including reference to information/documentation contained in a URL). This Agreement supersedes all prior or contemporaneous agreements or representations with regards to the subject matter of this Agreement. BILT may transfer its rights and/or obligations under this Agreement to any of its affiliated companies. If any term of this Agreement is found to be invalid or unenforceable, the surviving provisions shall remain effective. BILT´s failure to enforce any right or provisions stipulated in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. BILT may amend these Terms at any time, for any reason and without notice.  The current version of these Terms of Use may be found within the Apps, Sites or within the Software.

Updated January 23, 2024