Updated January 23, 2024
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.
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.
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.
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.
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.
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.
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.
Updated January 23, 2024