Terms of Use

Last updated: 16-Jan-2019

Please scroll down and read the following Terms of Use carefully. This is a legal agreement (the “Agreement” or “these Terms”) between you and BILT Incorporated (“BILT“), which provides the terms of your use of our mobile application and the connected cloud backend services (“Software”) and our websites (the “Sites”). “You” and “your” refers to the individual who wishes to use the Software or Sites. By using the Sites or installing and/or using the Software, you are agreeing to all the terms and conditions stated in this Agreement. If you do not agree to these Terms, please do not use the Sites or Software.

License: Subject to the terms, conditions and limitations stated in this Agreement, BILT grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to run the Software on your mobile device solely for your personal, non-commercial use. You are further granted a personal, non- exclusive, non-transferable, non-sublicensable, revocable, limited license to display the Content (defined below) solely within the Software for your personal, non-commercial use. You are not permitted to use the Software or any Content therein for any purpose other than as expressly permitted under this Agreement. BILT may audit your use of the Software. You must use the Software only in a manner consistent with this Agreement and any documentation (the “Documentation”), which BILT may provide, in its sole discretion from time to time. YOU ARE NOT PERMITTED TO USE THE CONTENT OUTSIDE OF THE SOFTWARE.

Use of the Sites or Software. You must be 13 years or older to use the Sites or Software. The Software allows you to (i) access visual instructions and other content (“Content”) from product providers and (ii) store information about products you have purchased, 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 Sites or Software, other equipment or networks connected to the Sites or Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites or Software made known to you; (ii) circumvent the user authentication or security of the Sites or Software or any host, network, or account related thereto; (iii) make any use of the 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 Sites or Software.

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 Sites or Software 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 Software, to Sites, or any comments to our social media feeds. We may use such testimonial on our Sites, our Software, any social media feed 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 reviews. 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 or in their social media feeds and any successor website or feed that they may operate from time to time.

Privacy. Your privacy is important. Please read our Privacy Statement to learn about our privacy practices and how we use the information we collect.

Data Transfer. As stated in our Privacy 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.

Intellectual Property: BILT and its licensors retain all ownership and intellectual property rights in the Sites, the Software and Content. You may not: (i) remove or modify any marks or proprietary notices of BILT, (ii) provide or make the Sites, the Software or Content available to any third party, (iii) use the Sites, the Software or Content to provide third party training for BILT products, (iv) assign this Agreement or give or transfer your access to the Sites, the Software or Content, or any interest in them, to another individual or entity, (v) decompile, disassemble or reverse engineer (except to the extent permitted by applicable law) the Sites or the Software, (vi) create derivative works of or based on the Sites or Software or (vii) use any BILT or product provider’s name, trademark or logo.

NO WARRANTY FOR CONTENT OR THIRD PARTY SERVICES. The Content and any third party services therein in the Software is provided “AS IS”. Any use or reliance on any Content or materials available via the Sites or Software or obtained by you through the 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, or any loss, injury or damage of any kind incurred as a result of the use of any Content made available via the Content.

NO WARRANTY FOR THE SITES OR SOFTWARE:

THE SITES ARE AVAILABLE AND THE SOFTWARE IS 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 SITE OR SOFTWARE, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, AND UTILITY IN A PRODUCTION ENVIRONMENT. BILT does not warrant that the 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 Software is 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 SOFTWARE OR CONTENT OR IN CONNECTION WITH BILT’S PROVISION OF OR FAILURE TO PROVIDE SERVICES PERTAINING TO THE SOFTWARE, OR AS A RESULT OF ANY DEFECT IN THE 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 SOFTWARE 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 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 Sites or Software (including negligent or wrongful conduct) by you or by any other person accessing the Sites or Software through your account.

Export: The Sites and Software are subject to US and EU export control regulations. You confirm that: (i) you will not use the Sites or Software for, and will not allow the Sites or Software 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 Software, 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 Software, directly or indirectly, to persons on the above-mentioned lists.

No Support: BILT does not offer support for the Sites or Software other than – at its sole discretion – provision of updates, patches, bug fixes and new versions. BILT is not responsible for product support.

Term and Termination: You may terminate this Agreement by destroying all copies of the Software on your mobile or smart device. BILT may terminate your license to use the Sites or Software 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 Software on your mobile 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 the Sites and Software licensed (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. An updated Terms of Use may be found within the Sites or within the Software under the “Settings” on the Software.

Updated January 2019.