Buildben Terms of Use

BuildBen Ltd., ("BuildBen" or "us", "our", "we") provides a website located at buildben.io (the "Site") and a continuous integration and distribution service with a built-in mobile artefact manager (the "Solution"). These Terms of Service (these "Terms") govern our provision of the Site and Solution to you in connection with, or your access and use of, the Site and/or Solution. "Customer/s" or "you" means (a) organizations which have subscribed for use of the Solution as well as any of their users or personnel who use our Solution and (b) any individual who accesses the Site.

Please read these Terms carefully. These Terms as well as all applicable exhibits govern your use of the Site and/or Solution. You must accept these Terms prior to using the Site and/or Solution. By using the Site and/or Solution, you signify your assent to these Terms and all their exhibits. Changes may be made to these Terms from time to time. Your continued use of the Site and/or Solution will be deemed acceptance to amended or updated Terms. As such, you should check frequently to see if we have updated these Terms. If you do not agree to any of these Terms, please do not use the Site and/or Solution.

  1. Solution. The Solution consists of two parts: the cloud and the worker. The cloud works as an aggregator for changes in git and could be run also on the Customer's premises. The worker shall be installed on one or more developers machines at the same time and be connected to the same cloud instance, in accordance with the applicable payment plan as described in the applicable Quote. Subject to the terms and conditions of these Terms, BuildBen shall provide Customer with a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license to the Solution. Customer shall use the Solution solely for its own commercial and non-commercial purposes. Customer will receive the software solely in executable object code and shall not be entitled to any source code from BuildBen. Customer will receive updates to the Solution during the term of the Agreement and subject to the terms and conditions thereof. Customer may only use such updates and/or the Solution for the term which has been paid. No licenses or rights are granted herein by estoppel or by implication. Customer represents that it has all necessary authority to enter into this Agreement and that the execution of this Agreement and the receipt of the Solution and/or access of the Site will not conflict with any legal, regulatory or contractual obligations of Customer, including with respect to third parties.
  2. Registration. You must register with BuildBen in order to use the Solution. To register you must provide specified information and select a password. You may not provide false information during the registration process and you must keep all information up-to-date. You should not reveal your password to anyone else. You can request to block your account by contacting help@buildben.io from the email that you used to register with us. If needed, we will send you instructions regarding how to restore your account. You agree to immediately notify BuildBen of any unauthorized use of your account or password. You are fully and solely responsible for all activity on your account, even if such activities were not committed by you. Notwithstanding anything to the contrary herein, BuildBen will not be liable for any losses or damage arising from unauthorized use of your account or password.
  3. Restrictions. Except as set forth expressly herein, Customer shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Site and/or Solution; (b) modify the Site and/or Solution (except configuration options presented by the Solution), (c) sublicense, sell, distribute or provide the Site and/or Solution to any third party and/or to use any of the scripts outside of the Site and/or Solution, or (d) bypass any security measure or access control measure of the Site and/or Solution. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, Customer shall inform BuildBen in writing in each instance prior to engaging in the activities set forth above.
  4. Data; Privacy. In using the Solution, BuildBen may receive certain data concerning individuals, including the end users of the Customer's applications (collectively, "Customer Data"). Customer retains sole ownership of all Customer Data. BuildBen may use and process Customer Data for providing services to Customer with the Solution and in accordance with its Privacy Policy as may be amended from time to time. See link at [ ]. BuildBen will use and process data in compliance with applicable law. In processing data, BuildBen may use subcontractors that are located in third party countries. BuildBen may disclose Customer Data to the extent required by applicable law or to cooperate with a law enforcement investigation. In addition, BuildBen may disclose Customer Data as necessary to enforce agreements and policies, to investigate any claims against BuildBen, and to protect the rights and property of BuildBen or its agents, employees and customers. BuildBen may disclose or transfer data and information in connection with a sale of all or part of its business, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of its business assets.
  5. Intellectual Property. BuildBen has all right, title and interest in the Site and/or Solution, including all enhancements, improvements and modifications thereof, and all intellectual property rights in the foregoing ("BuildBen Property"). BuildBen does not request Customer's feedback regarding the BuildBen Property. Notwithstanding the foregoing, if Customer provides BuildBen with any feedback regarding the BuildBen Property, BuildBen may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
  6. Confidentiality. Either party (a "Disclosing Party") may disclose to the other party (a "Receiving Party") certain confidential information regarding its technology and business ("Confidential Information"). Receiving Party agrees to keep confidential and not disclose or use any Confidential Information except to support its provision or use of the Site and/or Solution. Confidential Information shall not include information that Receiving Party can show (a) was already lawfully known to or independently developed by Receiving Party without access to or use of Confidential Information, (b) was received by Receiving Party from any third party without restrictions, (c) is publicly and generally available, free of confidentiality restrictions; or (d) is required to be disclosed by law, provided that Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperate in order to minimize such requirement. Receiving Party shall restrict disclosure of Confidential Information to those of its employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. All pricing information herein and all non-public information in respect of the Site and/or Solution shall be deemed the Confidential Information of BuildBen.
  7. Payment. BuildBen offers several pricing plans, and Customer must choose a pricing plan prior to downloading and using the System. Customer shall make payments to BuildBen pursuant to the terms and conditions of the chosen pricing plan during the Term of this Agreement, in accordance with the provisions in a price quote provided separately (the "Quote"). Amounts due hereunder are exclusive of applicable taxes. Customer shall make payments hereunder free and clear, and without deduction or withholding, except as required by law. If Customer is required by law to make any deduction or withholding, Customer shall make payment of such additional amounts as is necessary such that BuildBen shall receive the amounts due hereunder without any such deduction or withholding. Late payments shall bear interest at the rate of 1.5% per month or, if lower, the maximum amounts permitted under applicable law. All payments hereunder shall be made in United States dollars.
  8. Support. Customer may contact BuildBen with regard to support for the Solution by sending an email to help@buildben.io. BuildBen does not guarantee the Site and/or Solution will be operable at all times or during any down time (a) caused by outages to any public Internet backbones, networks or servers, (b) caused by any failures of Customer's application, equipment, systems or local access services, (c) for previously scheduled maintenance or (d) relating to events beyond BuildBen's control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where BuildBen or its servers are located.
  9. Warranties; Disclaimer. Each party warrants that it has full corporate power and authority to execute this Agreement and to perform its obligations hereunder; and all corporate action necessary for the authorization, execution, delivery and performance of this Agreement by it have been taken. Customer warrants that it has all required authorizations to provide BuildBen with access to the Customer Data for purposes of using services of the Site and/or Solution, and permit BuildBen to transfer the Customer Data as set forth herein. The Site and/or Solution are provided to Customer "AS IS" and BuildBen disclaims any warranty or liability obligations to Customer of any kind. Customer acknowledges that the use of the Site and/or Solution is done entirely at Customer's own risk. Customer shall have the sole responsibility for adequate protection and back up of its data used in connection with the Site and/or Solution, and Customer shall not make any claim against BuildBen for lost data, rerun time, inaccurate input, work delays, or lost profits or any other claim resulting from the use of the Site and/or Solution. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUILDBEN DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  10. Indemnification. Customer shall defend and indemnify BuildBen (and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and attorneys' fees) which BuildBen may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from (a) any breach of Customer's obligations, representations or warranties herein or (b) the provision by Customer of any data not in compliance with applicable law. BuildBen may participate in any matter or litigation through counsel of its own election at its own expense.
  11. Limitation of Liability. IN NO EVENT SHALL BUILDBEN (OR ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS OR EMPLOYEES) HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE BUILDBEN SOFTWARE, SITE AND/OR SOLUTION. THE ENTIRE LIABILITY OF BUILDBEN (OR ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS OR EMPLOYEES) HEREUNDER SHALL NOT EXCEED THE TOTAL AMOUNT CUSTOMER HAS ACTUALLY PAID TO BUILDBEN IN RESPECT OF THE SOLUTION IN THE 12 MONTHS PRIOR TO THE APPLICABLE CLAIM.
  12. Term. The term of this Agreement shall commence on the day you accept these Terms (or, if earlier, on the day that you first use the Solution) and continue in effect for a period of one year thereafter (the "Term"). Either party may terminate this Agreement upon 30 days' written notice. BuildBen may terminate this Agreement without notice if it believes that Customer is using the Site and/or Solution or part thereof in breach of this Agreement or applicable law. Upon any termination of this Agreement, Customer shall cease all use of the Solution and shall completely uninstall it from any hardware. Sections 2 - 13 of this Agreement shall survive any termination or expiration thereof. Neither party shall have liability for the termination of this Agreement in accordance with its terms.
  13. Miscellaneous. This Agreement together with its Exhibits constitute the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties regarding the subject matter hereof. Except as expressly set forth herein, this Agreement may not be modified or amended except in a writing executed by both parties. If any part of this Agreement shall be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement. BuildBen may assign its rights or obligations under this Agreement to an affiliated BuildBen or to a purchaser of all or substantially all of BuildBen's assets or share capital, or to any BuildBen succeeding to BuildBen's business. Customer shall not assign any of its rights or obligations hereunder without BuildBen's prior written consent. Assignments in violation of the foregoing shall be void. This Agreement shall be governed by the laws of the State of Israel, and the competent courts in the city of Tel-Aviv-Jaffa, Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. Either party may seek an injunction or other equitable relief to enforce the confidentiality and intellectual property provisions hereof in any jurisdiction.