BILT Terms of Use

Updated June 24, 2026

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”), and BILT’s affiliated companies, and each of their respective officers, directors, employees, agents, licensors, and suppliers (collectively, “BILT Entities”), 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 instruction management platform (the “Platform”), our websites (the “Sites”), and any delivery of BILT content or functionality via App SDK, Web SDK, web browser, compatible virtual or mixed reality headsets or devices, or integrations with learning management systems, enterprise resource planning systems, field service management platforms, or any other third-party systems and platforms as BILT may support from time to time (collectively the Apps, Platform, backend services, Sites, and all such delivery channels 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, Platform, or Software.

Types of Content

BILT creates and delivers three types of instructional content through the Software:

  1. OEM Instructions. Where BILT’s customer is an original equipment manufacturer or similarly situated company (collectively, “OEM”), BILT creates 3D step-by-step instructions based on the OEM’s designs, CAD files, and specifications. The OEM is responsible for the final review and approval of all OEM Instructions and for the accuracy, completeness, and safety of the instruction content. BILT is responsible solely for the software and the instruction creation process. The OEM, not BILT, is responsible for any product liability claims or issues arising from the substance of OEM Instructions.
  2. Content for Curriculum (C4C). BILT creates original 3D step-by-step instructional content that supplements training curricula in skilled trades including, without limitation, electrical, HVAC, plumbing, and welding (“C4C Content”). C4C Content is not a curriculum, does not certify competency, and does not replace professional instruction, supervision, certification, or training. C4C Content may be accessed through an institution or training provider that directs users to BILT directly, which may include providing an access key or other access mechanism; certain C4C Content may also be made publicly available without an access key. Regardless of how you access C4C Content, by accepting these Terms you are forming a direct legal relationship with BILT. C4C CONTENT IS INTENDED FOR USERS WHO ARE 18 YEARS OF AGE OR OLDER. BY ACCESSING C4C CONTENT, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. You must read and follow all warnings and disclaimers contained within C4C Content before proceeding. BILT IS NOT RESPONSIBLE FOR ANY HARM, INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ARISING FROM YOUR FAILURE TO FOLLOW WARNINGS OR DISCLAIMERS, OR FROM YOUR REAL-WORLD APPLICATION OF SKILLS OR INFORMATION DERIVED FROM C4C CONTENT.
  3. Bespoke Custom Content. Where a client has commissioned BILT to create custom instructional content for that client’s specific use, the client is responsible for reviewing and approving the final content. The client indemnifies BILT with respect to the accuracy, completeness, and safety of such content.

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 on 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; C4C Content requires users to be 18 years or older as set forth above. BILT does not knowingly collect personal information from children under the age of 13. If you are a parent or guardian and believe your child under 13 has provided personal information to BILT, please contact us and we will promptly delete such information. 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. Instructions and Content may be delivered through the Apps, through an App SDK embedded in a customer’s application, via web browser or Web SDK on a customer’s or institution’s website, through compatible virtual or mixed reality headsets or devices, or through integrations with learning management systems, enterprise resource planning systems, field service management platforms, or other third-party systems BILT may support from time to time. Use of the Sites or Software and features therein are at your own risk. THE SITES, SOFTWARE, PLATFORM, AND THE CONTENT DO NOT REPLACE PRODUCT PROVIDER INSTRUCTIONS, DISCLAIMERS OR WARNINGS. PLEASE REVIEW ALL PRODUCT DOCUMENTATION AND PACKAGING INFORMATION CAREFULLY BEFORE USE.

Warnings and Disclaimers. All Content, including Instructions, is provided “AS IS.” You assume all risk associated with your use of the Content. All Content may contain warnings and disclaimers relating to safety, health risks, and proper use. You are required to read and follow all warnings and disclaimers contained in the Content before proceeding with any instruction step. BILT may require you to affirmatively acknowledge warnings through a click-through screen, checkbox, or other mechanism before accessing certain Content, and your acknowledgment may be electronically logged. YOUR AGREEMENT TO THESE TERMS INCLUDES YOUR AGREEMENT TO COMPLY WITH ALL WARNINGS AND DISCLAIMERS IN THE CONTENT AND YOUR ASSUMPTION OF ALL RISK AND LIABILITY ARISING FROM YOUR USE OF THE CONTENT. BILT IS NOT RESPONSIBLE FOR ANY HARM, INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR FAILURE TO READ OR FOLLOW WARNINGS OR DISCLAIMERS.

You must not: (i) interfere with or disrupt the Apps, Sites, Platform, 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, Platform, 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.

If you access the Software using a virtual or mixed reality headset or device, a mobile device or tablet, or a computer via web browser or Web SDK, you must also comply with the terms of use and safety guidelines of the applicable device manufacturer and/or platform operator. BILT is not responsible for your use of third-party hardware or platforms.

Camera Access. The Apps may request access to your device’s outward-facing camera for the following purposes: (i) scanning product serial numbers, barcodes, or QR codes to identify products and automatically retrieve applicable Instructions (“Scan Feature”); and (ii) enabling visual collaboration features that allow you to share a live view of your physical environment with BILT support agents, instructors, or subject matter experts in real time (“Camera Share Feature”). Camera access is optional for general use of the Software but may be required to use certain features. Camera access will only be activated upon your affirmative permission through your device’s operating system settings. BY ENABLING CAMERA ACCESS AND USING THESE FEATURES, YOU CONSENT TO THE CAPTURE AND TRANSMISSION OF YOUR CAMERA FEED TO THE APPLICABLE THIRD-PARTY PARTICIPANT OR BILT SYSTEM. Live camera feeds shared during collaboration sessions may be recorded subject to the recording consent provisions in the Third-Party Collaboration Features section below. BILT will handle any imagery or video captured through Camera Features in accordance with its Privacy Policy Statement.

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. Promotional email communications from BILT may be opted out of by following the unsubscribe instructions included in those emails or by contacting privacy@biltcorp.com. 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. 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.

Third-Party Collaboration Features

BILT may offer features that enable real-time interaction between you and third parties, including instructors, subject matter experts, and customer support agents (“Collaboration Features”). When you use Collaboration Features, certain session information may be shared with the third-party participant to facilitate the interaction. Such session information may include your identity (if you are a registered user), the product or content you are accessing, the specific product model or version, your current step or progress within the instruction, and your live camera feed if you have enabled Camera Share. YOUR USE OF COLLABORATION FEATURES CONSTITUTES YOUR CONSENT TO: (i) THE SHARING OF SESSION INFORMATION WITH THE APPLICABLE THIRD-PARTY PARTICIPANT; AND (ii) THE SHARING OF YOUR LIVE CAMERA FEED IF YOU HAVE ENABLED CAMERA SHARE. BILT does not currently record or store collaboration sessions, including audio, video, screen content, or camera feed. If recording capability is introduced in the future, BILT will provide advance notice and require your affirmative consent before any recording begins. BILT is not responsible for the acts or omissions of any third-party participant in a Collaboration session.

If Collaboration Features involve the capture of biometric data, including eye tracking or hand gesture data through a headset or device, additional consent may be required under applicable state law, including the Illinois Biometric Information Privacy Act (“BIPA”). BILT will provide any required separate written notice and obtain any required separate consent prior to the collection of biometric data.

Privacy

Your privacy is important. Please read our Privacy Policy Statement to learn about our privacy practices, including how we collect, use, and share information, your rights with respect to your personal data (including rights of access, correction, deletion, and opt-out under applicable law), and how to contact us at privacy@biltcorp.com to exercise those rights. 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. BILT does not sell your personal information. When you choose to register a product through the Software, your registration information is transferred to the applicable product manufacturer at your direction and with your consent, which is not a sale of personal information.

Data Transfer and User Information

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.

User Types and Data Collection. Depending on how you access the Software, BILT may collect different types of information:

  1. Non-Registered Users. If you access Content without creating a BILT account, for example by scanning a QR code or entering an access key, BILT will assign you a session-based user identifier derived from your device information. We may collect device identifiers, browser type, operating system, approximate location (derived from IP address), and session activity data. We do not collect precise geolocation from non-registered users.
  2. Registered Users. If you create a BILT account, we collect your name, email address, and the information described above for non-registered users, as well as your account activity and content history.
  3. Product Registered Users. At the conclusion of certain Instructions, you may be offered the opportunity to register the assembled or installed product directly with the product manufacturer or brand (“OEM”). If you elect to register the product, your information will be transferred to the OEM. Before such transfer, you will be presented with a click-through notice disclosing the transfer and the OEM’s identity, and your consent will be required. By completing product registration, you also agree to be bound by the OEM’s applicable terms of use and privacy policy.
  4. Institution-Registered Devices. An institution or organization may register a shared device (such as a tablet, computer, or headset) under the institution’s account rather than under an individual user’s account (“Institution Device”), for example by registering the device with an institutional email address. When a student or other individual accesses the Software on an Institution Device, BILT may not collect personal data specific to that individual. THE INSTITUTION THAT REGISTERED THE INSTITUTION DEVICE IS SOLELY RESPONSIBLE FOR: (i) ALL USE OF THE SOFTWARE ON THAT DEVICE; (ii) TRACKING AND MONITORING INDIVIDUAL USER ACTIVITY AND PROGRESS THROUGH ANY INSTRUCTIONS OR CONTENT ACCESSED ON THE INSTITUTION DEVICE; (iii) COMPLIANCE WITH ALL APPLICABLE PRIVACY LAWS WITH RESPECT TO THE USERS OF THE INSTITUTION DEVICE, INCLUDING OBTAINING ANY REQUIRED CONSENTS; AND (iv) ANY CLAIMS, LOSSES, DAMAGES, OR LIABILITIES ARISING FROM OR RELATED TO USE OF THE SOFTWARE ON THE INSTITUTION DEVICE. BY REGISTERING AN INSTITUTION DEVICE, THE REGISTERING INSTITUTION AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE BILT ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, AND EXPENSES ARISING FROM OR RELATED TO USE OF THE SOFTWARE ON THAT INSTITUTION DEVICE.

Analytics and Progress Tracking. BILT tracks and captures analytics relating to user interactions with Instructions and Content across all content types, including OEM Instructions, C4C Content, and Bespoke Custom Content. Such analytics may include user session data, content engagement patterns, step-level interaction data, geographic origin data, device information, and progress through Instructions. For OEM Instructions, BILT may provide such analytics to the applicable OEM so that it can understand usage patterns and improve its products and Instructions. For C4C Content accessed through an institution or training provider, BILT may integrate with the institution’s learning management system (“LMS”) or other systems to track and report progress through Instructions, which may be shared with the institution for training monitoring purposes. Your use of the Software constitutes your consent to such analytics collection and sharing as described herein.

Use of Data to Improve BILT Software and AI Systems

BILT uses artificial intelligence and machine learning technologies in connection with the creation, delivery, and improvement of its Software and Content, including its instruction-creation processes. By using the Software, you agree that BILT may collect, analyze, and use data generated through your interactions with the Software, including without limitation how you navigate Instructions, which steps you engage with, session duration, interaction patterns, and feedback you provide, to train, improve, and develop BILT’s AI systems, software, instruction-creation tools, and related products and services. BILT may also aggregate and de-identify such data and share aggregated, de-identified data publicly or with BILT’s partners, customers, affiliates, or licensees for industry analysis, benchmarking, or service improvement purposes. No personally identifiable information will be included in such aggregated shared data. BILT will handle all data in accordance with its Privacy Policy Statement. Users who wish to opt out of having their interaction data used for AI training purposes may submit a request to privacy@biltcorp.com. BILT will use commercially reasonable efforts to honor such requests, which may affect certain AI-powered features of the Software.

Intellectual Property

BILT and its licensors retain all ownership and intellectual property rights in the Apps, Sites, Platform, the Software, and Content. You may not: (i) remove or modify any trade marks or proprietary notices of BILT or product providers; (ii) provide or make the Apps, Sites, Software, Platform, 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, Platform, the Software, the Content, or any Instructions, or any part thereof, or otherwise attempt to derive the source code, structure, algorithms, or underlying technology of any of the foregoing; (vi) create derivative works based on the Apps, Sites, Software, Platform, or Content or any part thereof; (vii) use BILT’s or any product provider’s name, trademark or logo; or (viii) use any automated means, scraping, data mining, robots, or similar tools to access, extract, or index any part of the Software, Platform, or Content. NO WARRANTY FOR CONTENT OR THIRD-PARTY SERVICES. The Content and any service provided in or 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 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, Platform, or Software.

No Warranty for the Sites, Platform, or Software

THE SITES, PLATFORM, 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, PLATFORM, 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, PLATFORM, 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 (INCLUDING BILT, ITS AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS) 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, PLATFORM, SOFTWARE OR CONTENT OR IN CONNECTION WITH BILT’S PROVISION OF OR FAILURE TO PROVIDE SERVICES PERTAINING TO THE APPS, PLATFORM, OR SOFTWARE, OR AS A RESULT OF ANY DEFECT IN THE APPS, PLATFORM, 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, PLATFORM, 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 (including BILT, its affiliated companies, and each of their respective officers, directors, employees, agents, licensors, 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, Platform, 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.

Dispute Resolution and Arbitration

For individual consumer users, any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the Software that cannot be resolved informally shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights. YOU AND BILT EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@biltapp.com with “Arbitration Opt-Out” in the subject line. For enterprise or B2B users with a separate written agreement with BILT, the dispute resolution terms of that agreement shall govern.

Export

The Apps, Sites, Platform, 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, Platform, Software, and Content other than, at its sole discretion, provision of updates, patches, bug fixes and new versions of 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, computing device, or headset. BILT may terminate your license to use the Apps, Sites, Platform, 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 or headset. Termination of this Agreement does not affect BILT’s right to retain your personal data as necessary to comply with applicable legal obligations, resolve disputes, and enforce BILT’s agreements, as further described in the Privacy Policy Statement.

Force Majeure

BILT shall not be liable for any delay or failure to perform its obligations under this Agreement to the extent such delay or failure is caused by circumstances beyond BILT’s reasonable control, including without limitation acts of God, natural disasters, pandemic or epidemic, government action or regulation, war, terrorism, civil unrest, cyberattacks or distributed denial-of-service attacks, third-party cloud infrastructure or internet service provider failures, or labor disputes not involving BILT’s own employees. BILT will use commercially reasonable efforts to resume performance as soon as practicable.

Law/Venue

This Agreement shall be governed by and construed under the laws of the State of Delaware, without reference to its conflicts of law principles. Any legal action or proceeding arising out of or relating to this Agreement that is not subject to arbitration under the Dispute Resolution and Arbitration section above shall be brought exclusively in the state or federal courts located in Tarrant County, Texas, and each party hereby consents to the personal jurisdiction and venue of such courts. 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.

Survival

The following sections shall survive any termination or expiration of this Agreement: Types of Content (with respect to indemnification obligations of OEM and Bespoke clients); License (use restrictions); Intellectual Property; Warnings and Disclaimers; Liability; Indemnification (including Institution Device indemnification); Dispute Resolution and Arbitration; Export; Law/Venue; and the data retention provisions of Term and Termination. Termination of this Agreement does not relieve either party of obligations accrued prior to the effective date of termination.

Miscellaneous

This Agreement is the complete Agreement for your use of the Apps, Sites, Platform, 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, upon reasonable notice to you, which may be provided by posting the updated Terms within the Apps, Sites, or Software or by email if you have provided a valid email address. Your continued use of the Software after such notice constitutes your acceptance of the updated Terms. The current version of these Terms of Use may be found within the Apps, Sites or within the Software.

Updated June 24, 2026