Buildify Use & Compliance Policies

Buildify Acceptable Use, Service Terms & No-Refund Policy

Ozone Builds, doing business as Buildify (“Buildify,” “we,” “us,” or “our”), offers a full suite of products and services—including web and mobile applications, integrations, support, and professional services (collectively, “Products”). This Acceptable Use, Service Terms & No-Refund Policy (“Policy”) governs every aspect of your engagement with Buildify. By accessing or using any Buildify Product, or by approving any milestone or sprint, you agree to be bound by all provisions below. These obligations apply to every engagement, demonstration, proof-of-concept, or evaluation of Buildify’s work, regardless of whether a formal NDA was separately executed, and survive any termination or completion of your project.

1. Scope & Applicability

1. Scope & Applicability

1.1 Covered Products.

This Policy applies to all Buildify offerings—software, platforms, mobile and web apps, APIs, custom development, integrations, consulting, training, support, infrastructure, and any related deliverables or materials (“Products”).

1.2 Who Must Comply.

All persons or entities who access, use, administer, or benefit from Buildify Products—customers, their employees, contractors, affiliates, end-users, or any third party you authorize—are bound by every provision of this Policy.

1.3 Governing Precedence.

To the extent any term in your Statement of Work, Master Services Agreement, or other contract conflicts with this Policy, this Policy controls with respect to usage rules, prohibited conduct, confidentiality, non-circumvention, non-disclosure, and no-refund provisions.

1.4 Strict Confidentiality & NDA Obligations.

By engaging with Buildify—at any stage or on any project—you also agree to the following baseline obligations for all Buildify-related materials and interactions:

• Strict Confidentiality. All Buildify materials (code samples, process flows, designs, architectures, customer references, internal methodologies, etc.) are delivered solely for the purpose of evaluating or executing your project. You must keep these materials strictly confidential and may not share, publish, repost, or discuss them with any third party without Buildify’s prior written consent.
  
  
• Non-Circumvention. You may not, directly or indirectly, contact, solicit, hire, or engage any of Buildify’s clients, partners, investors, or employees whom you met or learned about during your engagement with Buildify. Any such outreach—during or after the term of our work—is an express breach of this Policy and any underlying NDA or non-circumvention agreement.
  
  
• Non-Disclosure of Insights. You may not reverse-engineer, replicate, or derive any comparable products, services, or internal processes based on Buildify’s confidential examples or demonstrations. This prohibition remains in effect for at least one year after our last disclosure of those materials—and your duty to protect trade-secret level details survives indefinitely.
  
  
• Legal Remedies & Enforcement. Buildify reserves the right to seek immediate injunctive relief and any other remedies available under law or equity should you breach any confidentiality, non-circumvention, or non-disclosure obligation. You also agree to reimburse Buildify for all damages, costs, and attorneys’ fees incurred enforcing these obligations.

2. Fair Use & Customer Responsibility

2.1 Business-Only Use. Products are for normal, lawful business activities as defined in your signed agreement. Usage greatly exceeding typical operations or consuming disproportionate system resources may incur extra fees, throttling, or immediate suspension.

2.2 Accountability. You accept full legal and financial responsibility for all actions taken under your account—including those by employees, contractors, or any authorized third party.

2.3 Cooperation. You agree to cooperate fully and promptly with any Buildify investigation into suspected Policy violations, providing information or access as reasonably requested.

3. Prohibited Conduct

Any of the following constitutes a material breach and may lead to immediate suspension or termination—without notice, refund, or credit:

• Intellectual Property Infringement. No use, storage, or distribution of copyrighted, trademarked, or proprietary materials without express permission.
  
  
• Unsolicited Bulk Messaging (“Spam”). No sending of unsolicited commercial emails, SMS, push notifications, or other mass communications. All outreach must use confirmed opt-in lists with verifiable consent.
  
  
• Malicious or Harmful Activity. No introduction of malware, viruses, ransomware, spyware, or any code designed to harm, disable, or exploit Buildify’s or any third-party systems.
  
  
• Unauthorized Access & Hacking. No attempts to bypass security, exploit vulnerabilities, or gain unauthorized entry to systems.
  
  
• Harassment, Threats & Intimidation. We strictly prohibit any form of coercion—verbal, written, or implied—including threats of legal action, regulatory complaints, or public disparagement intended to obtain concessions. Such conduct is a material breach deserving of full legal and contractual remedies.
  
  
• Illegal or Unlawful Content. No hosting or transmission of content that violates any law, regulation, or court order.
  
  
• Impersonation & Misrepresentation. No misrepresenting your relationship with Buildify or claiming rights to our trademarks, code, designs, or internal practices.
  
  

4. Payment Terms & Irrevocable No-Refunds

4. Payment Terms & Irrevocable No-Refunds

4.1 Milestone/Sprint Billing.

• Fees are tied to discrete milestones or project sprints, each with defined deliverables and acceptance criteria.

4.2 Initial Refund Guarantee (Optional).

• On select projects, we may offer a one-time, initial-sprint refund guarantee if you submit a written notice of substantive dissatisfaction before that sprint’s completion and acceptance.
  
  

4.3 Automatic Nullification.

• Any such initial refund guarantee, inducements, or promises—express or implied—are automatically revoked and rendered null and void immediately upon your initiation, payment for, or acceptance of any subsequent milestone or project sprint.
• Thereafter, all payments are irrevocably non-refundable once made.
  
  

4.4 No Withholding or Offsets.

• You may not withhold, offset, or reduce payments once due.
• All disputes must be raised in writing before signing off and paying the related invoice; after payment, any right to dispute is waived.
  
  

4.5 Late Payments.

• Invoices are due within 30 days of issuance.
• Late or partial payments may incur interest, service suspension, or referral to collections at Buildify’s discretion.
  

4.6 Billing of Additional Deliverables.

• If Buildify develops additional items—features, modules, enhancements, custom integrations, or other work—beyond those covered by your paid milestones or sprints, and such work has not yet been invoiced, we reserve the right to issue invoices for those unbilled deliverables at any time within 365 days of our initial development kickoff.
• Inclusion of these additional deliverables in subsequent workstreams, demos, or staging environments constitutes acceptance of our right to bill within that 365-day window.
  
  

5. Rights to Modify, Suspend, or Terminate

5.1 Immediate Enforcement. Buildify may, at our sole discretion and without notice, modify, suspend, or terminate any or all of your access to Products to enforce this Policy, protect our systems, or preserve our business interests.

5.2 Stripe Payments as Binding Acceptance. Any payment or transaction processed through Stripe (or any payment processor we support) for an initial deposit, milestone, or sprint—regardless of the label you choose at checkout—constitutes your express agreement to the corresponding milestone/development-sprint terms. You acknowledge that Buildify alone determines, in good faith and in consultation with your team, when those terms have been satisfied and the work is complete.

5.3 No Service Credits. Any action under this Section 5—including modifications, suspensions, or terminations—will not entitle you to any refund, credit, or reduction of fees previously paid.

5.4 Threats and Defamatory Conduct. Any direct or indirect threat to disparage Buildify, or any allusion to filing legal or regulatory inquiries or to making defamatory statements against Buildify, its officers, employees, partners, or services, shall be deemed a material breach of this Policy. In the event of such conduct, you irrevocably forfeit any right to refunds, credits, or reduction of fees previously paid, and Buildify may, at its sole discretion and without notice, terminate any current or future work or engagement with you, retaining all amounts paid to date. Furthermore, you agree to pay Buildify a penalty fee of $1,000 for each calendar day that such threatening or defamatory conduct continues after Buildify provides you with written notice of breach, with such penalty payable immediately upon demand.

5.5 Scope Adherence & Client Modifications BuildifyHQ will deliver only the specific features and deliverables expressly approved by the client as outlined in the final Scope of Work. Should the client request modifications, additions, or alternative specifications after development has commenced, such changes shall be considered outside of scope. BuildifyHQ is under no obligation to implement these changes and will proceed solely with the originally agreed-upon deliverables unless a formal scope revision and additional fees are approved in writing by both parties.

6. Policy Updates

6.1 Right to Amend. We may update this Policy at any time.

6.2 Effective Date. Changes take effect immediately upon posting at buildifyhq.com (or as required by law).

6.3 Acceptance by Use. Continued access to or use of Buildify Products after updates constitutes your acceptance of the revised Policy.

7. Acknowledgment & Consent

By engaging with Buildify—downloading, accessing, or using any Product, or approving any milestone—you confirm that you have read, understood, and unconditionally agree to every term of this Policy, particularly that refunds are not permitted once any milestone payment is made and that any promises from prior sprints are nullified upon commencement of subsequent work.

If you do not agree with any provision, you must immediately cease all use of Buildify Products and notify us in writing.

For questions or clarifications, contact hey@buildifyhq.com.

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‍Buildify Non-Disclosure / Confidentiality Policy

This Non-Disclosure / Confidentiality Policy (“Agreement”) governs the disclosure, use, and protection of confidential information exchanged between Hidaku LLC, operating under the trade name Buildify, and the Recipient (collectively referred to as the “Parties”). The purpose of this Agreement is to establish and maintain the confidentiality of proprietary information shared in the course of evaluating, discussing, or engaging in business relationships between the Parties.

This Agreement is effective as of January 24, 2025, and was last reviewed on June 4, 2023.

1. Definitions

Confidential Information refers to all non-public information disclosed by the Disclosing Party to the Recipient, whether in written, verbal, electronic, or any other form, including but not limited to:

• Trade Secrets: Technical data, know-how, or proprietary processes.

• Business Information: Financial data, marketing strategies, sales metrics, business plans, and projections.

• Project Information: Specifications, designs, prototypes, and development roadmaps.

• Technical Information: Software, algorithms, source code, object code, and system architecture.

• Customer and User Data: Personally identifiable information (PII), analytics, and usage patterns.

• Other Proprietary Data: Any other information explicitly identified as confidential at the time of disclosure.

Confidential Information does not include information that:

• Was already in the Recipient’s possession prior to disclosure, as evidenced by written records.

• Becomes publicly available through no fault of the Recipient.

• Is lawfully obtained from a third party without restrictions on disclosure.

• Is independently developed by the Recipient without reference to the Disclosing Party’s Confidential Information.

• Must be disclosed to comply with applicable laws, court orders, or government regulations, provided that the Recipient notifies the Disclosing Party in advance to seek protective measures.

2. Obligations of the Recipient

The Recipient agrees to:

a. Confidentiality: Maintain the confidentiality of all Confidential Information and not disclose it to any unauthorized third party without prior written consent from the Disclosing Party.

b. Permitted Use: Use the Confidential Information solely for the purpose of evaluating, discussing, or engaging in business with the Disclosing Party.

c. Reasonable Care: Exercise at least the same degree of care to protect the Confidential Information as the Recipient uses to protect its own confidential information but no less than a reasonable standard of care.

d. Access Restriction: Restrict access to Confidential Information to employees, contractors, or agents who have a legitimate need to know and are bound by similar confidentiality obligations.

e. Notification: Promptly inform the Disclosing Party of any unauthorized access, disclosure, or use of the Confidential Information.

3. Ownership and Return of Confidential Information

All Confidential Information remains the sole property of the Disclosing Party. Upon the Disclosing Party’s written request or upon termination of this Agreement, the Recipient shall promptly:

• Return or destroy all Confidential Information, including all copies, reproductions, and derivative works.

• Certify in writing that all Confidential Information has been returned or destroyed.

4. Remedies

The Parties agree that any unauthorized use or disclosure of Confidential Information may result in irreparable harm to the Disclosing Party. In the event of a breach or threatened breach of this Agreement, the Disclosing Party is entitled to:

• Seek equitable remedies, including injunctive relief or specific performance, without the necessity of proving actual damages or posting a bond.

• Pursue any other legal or equitable remedies available under applicable law.

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

5. Similar App Development

The Parties acknowledge and agree that Buildify may independently create or develop applications or services that are similar in functionality, design, or concept to those discussed or disclosed under this Agreement, provided that:

• The development does not utilize the Disclosing Party’s Confidential Information.

• The resulting products or services do not infringe upon the intellectual property rights of the Disclosing Party or any third party.

For a period of 60 months following the termination of this Agreement, the Recipient agrees not to directly or indirectly solicit, employ, or engage any employees, contractors, or consultants of Buildify who were involved in the development of web or mobile applications without Buildify’s prior written consent.

6. Prohibited Activities

6.1 Copyright Infringement and Unauthorized Material

The Recipient may not use Buildify’s Confidential Information or proprietary resources to:

• Transmit, store, or distribute materials that infringe upon third-party intellectual property rights.

• Publish or disseminate obscene, defamatory, or unlawful content.

6.2 Unauthorized Use of Buildify Property

The Recipient is prohibited from:

• Impersonating Buildify or misrepresenting a business relationship with Buildify.

• Fraudulently claiming ownership of Buildify’s proprietary materials, trademarks, or intellectual property.

7. Term and Termination

This Agreement shall remain in effect for as long as the Parties engage in business discussions or transactions and shall survive for a period of 60 months following the termination of such discussions or transactions.

8. Modifications to this Policy

Buildify reserves the right to update or modify this Agreement at its sole discretion. Any changes will become effective immediately upon publication to Buildify’s website or delivery of written notice to the Recipient.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.

10. Acknowledgment

By accessing or using Buildify’s Confidential Information, the Recipient acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.

For inquiries or further clarification regarding this Agreement, please contact:

Buildify HQ

453 S. Spring Street, Ste 400

Los Angeles, CA 90013

Email: hey@BuildifyHQ.com