iBUILD TERMS OF SERVICE
Last Updated: October 22, 2025
The iBuild Terms of Service (“iBuild Terms”) form a binding legal
agreement between you (“User,” “Customer,” or “you”) and iBusiness Funding, LLC, a Delaware limited
liability company (“iBusiness,” “we,” “our,” or “us”) and are supplemental to, and shall be read and
bound together with, iBusiness’ Terms of Use, Privacy Policy, and all other policies and notices made publicly available by
iBusiness (collectively, “iBusiness Terms”). iBuild Terms and iBusiness Terms will jointly be
referred to herein as, the “Terms”.
The Terms govern your access to and use of iBusiness’ AI-assisted coding
and software development services, websites, APIs (defined below), software development kits
(“SDKs”), integrations, documentation, and all related technology and content (collectively, the
“Services”). The iBuild Terms are effective as of the date you first access and use the Services and
apply to your use of the Services. Your use of the Services signifies your agreement to be bound by
the iBuild Terms and iBusiness Terms. If you do not agree, you must not access or use the Services.
If you are accepting the Terms on behalf of a company, business or other
legal entity, you represent that you have the authority to bind such entity to these Terms, in which
case the term “you” or “your” shall refer to such entity. If you do not have such authority, or if
you do not agree with these Terms, you must not accept these Terms and may not use the Services.
To the extent any provision of the iBuild Terms conflicts or is
inconsistent with the iBusiness Terms, the iBuild Terms shall control and prevail with respect to
all matters arising from or relating to the Services or iBusiness’ contractual relationship with
you. In all other respects, iBusiness’ Terms of Service and Privacy Policy shall continue to apply
and remain in full force and effect.
1. AGE AND ELIGIBILITY
You certify that you are at least 18 years of age. The Services may only
be accessed through an electronic device under your control. A valid iBuild account requires
accurate and complete information during registration, which you should keep current at all times.
You are responsible for maintaining the confidentiality of your login credentials, which must be
unique to you and not shared with others. You are solely responsible for all activities that occur
under your account.
2. NATURE OF PLATFORM
iBusiness provides an AI-enabled coding environment, through iBuild, that
helps users write, generate, test, and deploy software using model-driven automation and
developer-workflow tools. All results, code, text, outputs, or derivative content produced from your
use of the Services (“Output”) is machine-generated and may contain inaccuracies or third-party
material. You are solely responsible for reviewing, testing, and validating any Output before using
or publishing it.
3. LICENSE GRANT
3.1.
Subject to your compliance with all iBuild Terms, including payment of
any required fees, iBusiness grants you a limited, non-exclusive, non-transferable,
non-sublicensable, revocable license to access and use the Services solely for your personal or
internal business purposes during the Term of your subscription. This license conveys no ownership
rights in the platform, models, or architecture.
3.2.
You may not (a) sublicense, sell, share, or distribute the Services or
outputs to third parties other than as permitted by these iBuild Terms; (b) use the Services to
build a competing coding environment, tool, platform, or AI service; (c) attempt to reverse
engineer, decompile, disassemble, extract, modify, or otherwise derive source code, model
parameters, or underlying data of the Services; (d) assist or enable any other person to do any of
the foregoing; or (e) use the Services in any way that violates law, regulation, third-party
rights, or these iBuild Terms.
4. YOUR CONTENT
You are fully responsible for any software, code, data, information,
text, content, or other materials that you upload, post, deliver, provide, transmit, or store in
connection with or through the Services (“Your Content”). You are also accountable for all actions
that take place under your account. iBusiness may access your account as needed to respond to
technical support requests. By posting Your Content through the Services, you grant iBusiness a
worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use,
copy, modify, reproduce, distribute, display, publish, store, and perform Your Content as required
to operate and provide the Services, and to ensure security by protecting the Services and third
parties from fraud, malware, viruses, and other harmful content.
Moreoever, you agree that iBusiness may remove or disable any of Your
Content at any time and for any reason (including, but not limited to, claims or complaints from
third parties or authorities), or even without a specific reason. If you are a user located in the
European Economic Area or in any other region outside the United States: (i) iBusiness will remove
or restrict Your Content or your access to the Services only in accordance with applicable laws,
including where the content is illegal, infringes third-party rights, or violates these Terms; or
(ii) if your Content or use of the Services is removed, blocked, or restricted, you, or any third
party who notified us about your Content or use, may contact us using the information below.
5. REPRESENTATIONS AND WARRANTIES
You represent and warrant that (i) you own all Your Content or have
obtained all permissions, releases, rights or licenses required to engage in posting and other
activities (and allow iBusiness to perform its obligations) in connection with the Services without
obtaining any further releases or consents; (ii) Your Content and other activities in connection
with the Services, and iBusiness’ exercise of all rights and license granted by you herein, do not
and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of
privacy, or publicity, or other personal or proprietary right and Your Content is not defamatory,
obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iii) you will use
the Services only in compliance with iBusiness’ standard published policies and documentation then
in effect and all applicable laws and regulations.
Each party represents and warrants to the other that it has full right
and power to enter into and perform under this Terms, without any third-party consents or conflicts
with any other agreement or terms.
6. TRIAL PLAN
We may, at our sole discretion, offer a free iBuild trial. The Services
provided under a trial plan are intended solely for your personal or non-commercial use. We reserve
the right to modify the terms and conditions of the trial plan or discontinue it at any time. We may
disable or remove any project or website deployment created under the trial plan, with or without
notice, at our sole discretion.
We also reserve the right to shut down or terminate any projects or
deployments on the trial plan at any time, for any reason or no reason. In the event of delays,
performance issues, or other disruptions, including, but not limited to, those resulting from
malicious attacks, we may suspend or terminate the affected projects or deployments without prior
notice.
7. ABUSES
While iBusiness is under no obligation to monitor your use of the
Services, it reserves the right to do so utilizing tools designed to detect potential misuse or
abuse. Following any such review or investigation, iBusiness may, at its sole discretion, restrict,
suspend, or prohibit any use of the Services that it determines, or that has been alleged, to be in
violation of these Terms or any applicable laws.
8. PROHIBITED CONTENT AND ACTIVITIES
8.1.
Customers shall not use the Services, nor permit their users or any
third party to use the Services, for any unlawful, harmful, or otherwise objectionable purpose.
Prohibited uses include, but are not limited to, the following:
8.1.1.
engaging in fraud, deceptive practices, or other forms of illicit
activity;
8.1.2.
impersonating others, engaging in phishing activities, or
misrepresenting authorization to act on behalf of another person or entity, including iBusiness;
8.1.3.
selling, distributing, or facilitating the sale of illegal goods or
services;
8.1.4.
engaging in hate speech or sharing (or threatening to share)
nonconsensual intimate imagery, including through synthetic media or deepfakes;
8.1.5.
violating or infringing upon the rights of others, including but not
limited to harassment, intellectual property infringement, or misappropriation;
8.1.6.
threatening, promoting, or enabling acts of violence, terrorism, or
other forms of serious harm;
8.1.7.
creating, promoting, or distributing any content or activity that
facilitates or depicts child sexual exploitation or abuse;
8.1.8.
generating or distributing unsolicited mass messages (“spam”) or
engaging in spam-related, clickbait, or click-fraud activities or schemes;
8.1.9.
imposing an undue burden on iBusiness websites, infrastructure, or
any connected networks or systems;
8.1.10.
engaging in scraping, proxying, acting as a Virtual Private Network
(VPN), or hosting media for hot-linking purposes;
8.1.11.
participating in name-squatting activities within iBusiness-related
namespaces or attempting to resell, barter, trade, or inactively hold namespace entities for
future use;
8.1.12.
renting, leasing, loaning, selling, transferring, or otherwise making
access to the Services available to any third party;
8.1.13.
creating multiple accounts on iBusiness or circumventing any rules,
limits, or rate restrictions set forth in iBusiness’ usage guidelines;
8.1.14.
compromising or attempting to compromise the security or integrity of
iBusiness’ computing systems, networks, or those of its partners or other individuals, including
attempts to gain unauthorized access to the Services or related systems;
8.1.15.
using automation to interact with iBuild or the iBusiness website for
unintended purposes, including creating multiple accounts, executing automated searches,
submitting excessive requests or queries, or extracting data or content from iBuild; and/or
8.1.16.
using the Services for any other unlawful, abusive, or otherwise
objectionable purpose as determined by iBusiness in its sole discretion.
9. ARTIFICIAL INTELLIGENCE SPECIFIC TERMS
9.1.
The following additional restrictions apply to Customers and their
users in connection with the use of iBusiness’ products and services incorporating artificial
intelligence capabilities, including iBuild and any related features, documentation, software
applications, APIs, and websites (collectively, “AI Products”), as applicable under these Terms.
Customers shall not use, nor permit their users or any third party to use, any AI Product for any
of the following purposes:
9.1.1.
in connection with any data or information, including Confidential
Information, provided by iBusiness under these Terms;
9.1.2.
developing, training, or assisting in the development of
substantially similar functionality, competing products, or competing AI models (including
synthetic training);
9.1.3.
engaging in model extraction or stealing attacks;
9.1.4.
buying, selling, or transferring API keys of iBusiness’ third-party
AI providers to, from, or with any third party;
9.1.5.
circumventing, disabling, or otherwise interfering with any security,
safety, or protective measures related to the AI Products;
9.1.6.
removing or altering metadata, digital signatures, or watermarks used
to identify AI-generated content;
9.1.7.
extracting data by any means, including web scraping or web
harvesting, from the AI Products or any underlying third-party AI models, algorithms, or
systems, unless expressly authorized by iBusiness;
9.1.8.
publishing or disclosing the results of any benchmarking or
performance testing of the AI Products, or using such results to support competing software
development or marketing activities;
9.1.9.
creating, sending, uploading, displaying, storing, processing, or
transmitting content that: (i) is disseminated as part of electoral campaigns; (ii) promotes,
encourages, or facilitates violence, terrorism, or other serious harm; or (iii) promotes or
enables unlawful online gambling, deceptive commercial practices, or other disruptive commercial
messaging;
9.1.10.
representing or implying that AI-generated output was created without
the use of artificial intelligence or automation;
9.1.11.
using the AI Products in any “high-risk” areas under the European
Union Artificial Intelligence Act (EU AI Act);
9.1.12.
developing, maintaining, or contributing to facial recognition
databases;
9.1.13.
inferring or attempting to infer personal characteristics of any
individual based on biometric data;
9.1.14.
creating, receiving, maintaining, transmitting, or otherwise
processing any information that includes or constitutes: (i) “Protected Health Information” as
defined in the HIPAA Privacy Rule (45 C.F.R. §160.103); (ii) personal information of children
under age 13 (or under the applicable digital age of consent); or (iii) data governed by the
International Traffic in Arms Regulations (ITAR) administered by the U.S. Department of State;
9.1.15.
operating or supporting online services directed toward children;
9.1.16.
engaging in clinical practice or providing professional or regulated
advice where such use would substitute for appropriately licensed expertise;
9.1.17.
developing or assisting in the development of weapons; and/or
9.1.18.
facilitating or engaging in acts of property destruction.
9.2.
You shall not use any AI system in connection with any data or
information, including Confidential Information, provided by iBusiness under the Terms. You are
prohibited from using any information provided by iBusiness for the purpose of training, testing,
or validating any user or third party AI system that is designed to operate with varying levels of
autonomy and/or a system that may exhibit adaptiveness after deployment, and that, for explicit or
implicit objectives, infers, from the input it receives, how to generate outputs such as, but not
limited to, predictions, content, recommendations, or decisions that can influence physical,
virtual or user environments (collectively, “Prohibited AI Use”). For the avoidance of doubt,
Prohibited AI Use shall also include use of any data or information in an aggregated or anonymized
manner for your or any third party’s internal business purposes to improve and enhance its or
others’ services, to compile statistical and performance information, or for other development,
diagnostic and corrective purposes in connection with the services and/or its other offerings.
9.3.
iBusiness may, at its discretion, make available for a limited time an
artificial intelligence model that has not yet been generally released to the public by the model
provider and is offered solely for testing purposes. Such models will be identified as “stealth,”
“secret,” “pre-release,” or by a similar designation (each, a “Stealth Model”). All Stealth Models
are provided as Beta Features (as defined below) and are governed by these Terms. Use of any
Stealth Model is subject to the following additional conditions, which apply notwithstanding any
conflicting provisions contained in these AI Terms:
9.3.1.
You acknowledge and accept all risks associated with your use of, or
interactions with, any Stealth Model. The protections provided for Your Content under these
Terms do not apply to Stealth Models. You further acknowledge that Stealth Models may not be
used to process or handle personal data.
9.4.
You are solely responsible for any application you develop, operate, or
make available that interacts with iBuild (each, an “Integration”). Any individual or entity that
accesses or uses iBuild through your Integration must comply with these AI Product Terms. You
represent and warrant that: (a) you possess all necessary rights and permissions to distribute and
make your Integration available, including maintaining and complying with any required third-party
agreements; (b) your Integration does not and will not violate, infringe, or misappropriate the
intellectual property rights of any third party; (c) your Integration complies with all applicable
local, state, national, and international laws and regulations, including those governing data
protection and privacy; (d) you will use commercially reasonable measures to protect data
processed by your Integration (“Integration Data”) from unauthorized access, disclosure, or use;
and (e) your Integration does not and will not introduce or facilitate the introduction of any
malicious code or software into iBuild. You further agree to: (i) provide all users of your
Integration (“End Users”) with a separate Terms of Use and Privacy Policy that accurately describe
how your Integration collects, uses, discloses, retains, and processes personal information, in
compliance with applicable laws and regulations; (ii) respond to and fulfill all data subject
requests from End Users regarding their Integration Data; and (iii) clearly disclose to End Users,
prior to use, that your Integration incorporates or interacts with artificial intelligence
technologies. iBuild shall have no responsibility or liability whatsoever under your Terms of Use,
Privacy Policy, or in connection with your Integration.
10. PERMISSIONS AND RESTRICTIONS
10.1.
Your use of the Services must be linked to a valid and active iBuild
account maintained in good standing throughout the duration of your use. You are responsible for
maintaining accurate account information and safeguarding your authentication credentials.
iBusiness reserves the right to suspend or terminate any account that is inactive, inaccurate, or
in violation of these Terms.
10.2.
You are fully responsible for (i) ensuring that all authorized users
under your account comply with these iBuild Terms, (ii) all data, information, or other material
submitted to or generated through the Services (“Input”), (iii) all activities occurring under
your account, and (iv) any and all Output.
10.3.
The Services may generate Output that you, if permitted, may copy,
share, download, or incorporate into your own projects. Such Output is produced automatically and
may contain factual errors, omissions, or inconsistencies. iBuild does not guarantee that any
Output will be correct, reliable, or appropriate for your needs, and the Output should never be
treated as a substitute for professional or expert judgment. You are responsible for verifying the
accuracy, completeness, and suitability of any Output prior to its use or disclosure, including
through independent review where legally or practically necessary.
11. APIs
11.1.
To the extent applicable, your use of any application programming
interfaces and accompanying documentation made available by iBusiness (collectively, the “API”) is
governed by these Terms, including the iBuild Terms and iBusiness Terms, and is subject to all
applicable acceptable use provisions and usage restrictions contained herein. If iBusiness
provides you with security keys, secrets, tokens, or other credentials to access the API (“API
Access”), you agree that such API Access is non-transferable and non-assignable, and you must
maintain the confidentiality of all API Access credentials at all times.
11.2.
To the extent applicable, you shall not, and shall not permit any third
party to:
11.2.1.
export, copy, modify, display, distribute, transfer, sublicense,
resell, or otherwise make the API or its functionality available to any third party, except as
expressly permitted under these Terms;
11.2.2.
interfere with, bypass, disable, or otherwise compromise any
features, functionality, or security measures embedded in or associated with the API, including
by: (i) circumventing technical limitations; (ii) introducing security vulnerabilities affecting
the Services or their users; or (iii) probing or testing the vulnerability of iBusiness systems
or networks;
11.2.3.
access, use, collect, store, transfer, sell, alter, or delete any
data transmitted to or received from the API (“API Data”) in violation of any law, regulation,
or these Terms;
11.2.4.
use the API in a manner that constitutes excessive or abusive usage,
including circumventing rate limits, access restrictions, or safety mitigations implemented by
iBusiness;
11.2.5.
use automated methods, including web scraping, crawling, or data
harvesting, to extract data from the API;
11.2.6.
use the API or API Data to conduct performance, benchmarking, or
stress testing of the Services without iBusiness’ prior written consent;
11.2.7.
use, process, or analyze API Data for the purpose of developing,
improving, or training artificial intelligence or machine learning applications or models;
and/or
11.2.8.
solicit or receive tokens, credentials, or other authentication data
from users of any application you develop that interacts with the Services through the API.
11.3.
You acknowledge and agree that certain aspects of the API contain or
constitute trade secrets and proprietary information of iBusiness and its licensors. You must
comply with all applicable trade, export control, and sanctions laws. You represent and warrant
that you are not located in, and will not use or permit the use of the API or API Data in or for
the benefit of, nor export, re-export, or transfer the API or API Data to: (a) any country or
territory subject to a U.S. government embargo, or (b) any individual or entity that is subject to
trade sanctions, export restrictions, or other prohibitions under applicable law, unless you have
obtained all required licenses or governmental authorizations.
12. OWNERSHIP AND INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Services, including any
software, algorithms, models, data structures, interfaces, and derivative works, remain the
exclusive property of iBusiness and its licensors (“iBusiness IP”). You retain ownership of your
lawful Input and Output you generate, but you grant iBusiness a perpetual, worldwide, royalty-free
license to host, process, analyze, reproduce, modify, and create derivative works from such data to
operate, maintain, improve, secure, and develop the Services. iBusiness may retain and use
aggregated or anonymized information indefinitely and may share such data with its affiliates and
vendors. iBusiness reserves all rights in and to the Services not expressly granted to you in these
Terms. Nothing in these Terms transfers or assigns to you any of iBusiness’ intellectual property
rights in the Services, API, Documentation, trademarks, or other technology or intellectual property
rights in data or materials from the Services.
13. CONFIDENTIAL INFORMATION; PROPRIETARY RIGHTS
13.1.
By using the Services, you will have access to information about
iBusiness’ products, confidential intellectual property, trade secrets, and other sensitive or
proprietary information, including the Services and the iBuild Terms (collectively, “Confidential
Information”). A failure of iBusiness to mark, identify, or designate confidential information
does not waive the confidential nature of the information nor your duty to protect such
information. Confidential Information does not include information that is: (a) in the public
domain; (b) known to you at the time of disclosure; (c) rightfully obtained by you on a
non-confidential basis from a third party; or (d) independently developed by you. You are strictly
prohibited from disclosing Confidential Information to any person or entity, except to those who
have a need to know the Confidential Information for you to exercise your rights or perform your
obligations hereunder. Notwithstanding the foregoing, you may disclose Confidential Information to
the limited extent required (i) in order to comply with the order of a court or other governmental
body, or as otherwise necessary to comply with applicable law, provided that you shall first have
given written notice to iBusiness and made a reasonable effort to obtain a protective order; or
(ii) to establish your rights under the Terms, including to make required court filings. Your
obligations of non-disclosure with regard to Confidential Information are effective immediately
upon accessing the Services and will continue indefinitely.
13.2.
In the event that you experiences any unauthorized disclosure of,
access to, or exposure of iBusiness’ Confidential Information (each, an “Incident”), you will (i)
immediately notify iBusiness of the Incident, including all relevant details, (ii) use
commercially reasonable efforts to remediate the Incident as promptly as reasonably practicable
and (iii) reasonably cooperate with iBusiness as required, in iBusiness’ sole and absolute
discretion, to limit the extent and/or harm resulting from the Incident.
13.3.
Company Ownership. iBusiness shall own and retain all right, title and
interest in and to (a) the Services, all improvements, enhancements or modifications thereto and
(b) all intellectual property rights related to any of the foregoing.
13.4.
To the extent you or any of your users provide any suggestions to
iBusiness regarding the functioning, features, and other characteristics of the Services,
documentation, or other material or services provided or made available by iBusiness (“Feedback”),
you hereby grant iBusiness a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up,
fully transferable, worldwide license (with rights to sublicense through multiple tiers of
sublicenses) under all of your intellectual property rights, for iBusiness to use and exploit in
any manner and for any purpose.
14. USAGE RESTRICTIONS
14.1.
You shall not, whether directly or indirectly: (i) sublicense, resell,
rent, lease, transfer, assign, or otherwise commercially exploit or make the Services available to
any third party; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the
source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the
Services or any related software, documentation, or data (provided, however, that where reverse
engineering is permitted under applicable law for the purpose of achieving interoperability with
iBusiness’ services, you must first request such information from iBusiness); (iii) modify,
translate, or create derivative works based on the Services (except to the extent expressly
authorized by iBusiness or permitted within the Services), or attempt to gain unauthorized access
to the Services or any related systems or networks; (iv) use the Services for timesharing, service
bureau, or other similar purposes that provide benefit to a third party; (v) remove, alter, or
obscure any proprietary rights notices, including copyright or trademark notices, appearing on or
within the Services or related documentation; and/or (vi) violate any applicable laws,
regulations, or third-party rights in connection with your access to or use of the Services,
including, without limitation, data protection, privacy, and export control laws.
14.2.
You shall comply with all policies and other notices that iBusiness
provides or publishes in connection with the Services, and you must promptly notify iBusiness upon
becoming aware of any security breach or issue related to the Services. Without limiting the
foregoing, you acknowledge and agree that iBusiness may establish general practices and limits
regarding the use of the Services, including, without limitation, the maximum duration for which
data, code, or other content will be retained; the maximum storage capacity allocated on
iBusiness’ servers on your behalf; the maximum compute capacity available for executing builds and
functions; and the maximum amount of network data that may be transferred through the Services.
You further acknowledge that iBusiness reserves the right, in its sole discretion, to modify or
update such general practices and limits at any time.
15. COPYRIGHT POLICY
If you believe material available through the Services infringes your
copyright, send a notice satisfying 17 U.S.C. § 512 to:
Email:
Address:
Legal Department
iBusiness Funding, LLC
110 SE 6th St Suite 700,
Fort Lauderdale, FL 33301
iBusiness Funding, LLC
110 SE 6th St Suite 700,
Fort Lauderdale, FL 33301
Valid notices will be handled consistently with applicable copyright
laws, including the Digital Millennium Copyright Act (DMCA). Repeat infringers may be terminated.
16. DATA PROCESSING AND PRIVACY
To the extent iBusiness processes personal data as a “processor”, it will
do so under applicable data-protection laws. You represent that you have obtained all necessary
consents and have lawful authority to provide iBusiness with personal data, to the extent
applicable.
17. PAYMENT AND SUBSCRIPTIONS
All fees are due in advance, non-refundable, and exclusive of taxes.
Subscriptions renew automatically unless cancelled 90 days before renewal. iBusiness may modify
pricing or billing methods with notice; continued use constitutes acceptance. iBusiness may charge
interest on the past due amount at the rate of 1.5% per month calculated daily and compounded
monthly or, if lower, the highest rate permitted under applicable law.
All fees and other amounts payable by Customer under these Terms are
exclusive of taxes and similar assessments. Customer is responsible for all sales, use, and excise
taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state,
or local governmental or regulatory authority on any amounts payable by Customer hereunder, other
than any taxes imposed on iBusiness’ income.
From time to time, iBusiness may offer certain experimental,
early-access, or pre-release products, tools, or functionality, including iBuild provided for
preview, pre-release, evaluations, demonstrations, beta, or similar uses and purposes (“Beta
Features”) made available through the Service. Access to Beta Features is optional and may be
provided free of charge or subject to specific fees, as determined by iBusiness in its sole
discretion. If a Beta Feature transitions into a generally available product or service, iBusiness
may require you to migrate to a standard paid plan to continue access under new or updated pricing
terms. iBusiness does not provide refunds, credits, or pro-rata adjustments for any Beta Feature,
except where required by law.
All fees are exclusive of any applicable taxes, levies, or governmental
charges. You are solely responsible for paying all such taxes related to your participation in Beta
Features, excluding taxes based on iBusiness’ income. iBusiness reserves the right to modify,
suspend, or terminate any Beta Feature at any time without liability. Beta Features are offered “as
is,” may be incomplete or unstable, and iBusiness provides no guarantee of continued access or
performance. Your continued use of a Beta Feature following any changes in fees or payment
conditions constitutes your acceptance of the updated terms.
18. SERVICE AVAILABILITY AND MODIFICATIONS
iBusiness uses commercially reasonable efforts to maintain availability
but does not guarantee uninterrupted or error-free operation. Maintenance, updates, security fixes,
or third-party outages may interrupt access. If reasonably necessary, iBusiness may modify, suspend,
or discontinue any portion of the Services at any time without liability.
19. WARRANTY DISCLAIMER
19.1.
To the maximum extent permitted by law:
19.1.1.
iBuild, the Services, iBusiness IP, Output, documentation, and all
related components are provided “AS IS” and “AS AVAILABLE,” and iBusiness makes no
representations or warranties of any kind, whether express, implied, statutory, or otherwise,
including, without limitation, any warranties of merchantability, fitness for a particular
purpose, accuracy, completeness, reliability, availability, non-infringement, title, or quiet
enjoyment, nor any warranties that the Services or Output will be secure, error-free,
uninterrupted, or meet your specific requirements;
19.1.2.
Output generated by the Services is produced automatically and should
not be relied upon as professional, legal, medical, financial, or engineering advice. You are
solely responsible for independently reviewing and verifying any Output before relying on it;
19.1.3.
Services may integrate with or rely on third-party platforms,
products, or AI providers. iBusiness does not control, endorse, or warrant any third-party
service, product, or output, and assumes no responsibility or liability for their performance,
content, or availability;
19.1.4.
Beta Features and other features designated as beta, preview,
experimental, or open-source are provided without any warranty, representation, or commitment of
any kind, and may be modified, suspended, or discontinued at any time without notice; and
19.1.5.
iBusiness does not guarantee any specific level of performance,
reliability, availability, uptime, accuracy, or business outcome resulting from the use of the
Services.
You acknowledge and agree that your use of the Services is entirely at
your own risk, and that the foregoing disclaimers constitute an essential basis of the agreement
between you and iBusiness.
20. LIMITATION OF LIABILITY
To the fullest extent permitted by law, iBusiness and its affiliates,
officers, employees, contractors, agents, and licensors shall not be liable, with respect to any
subject matter of the Terms, for any indirect, incidental, special, consequential, exemplary,
punitive, or enhanced damages, including without limitation loss of profits, revenue, data,
goodwill, opportunity, anticipated savings, business interruption, or replacement costs, whether in
contract, tort (including negligence), strict liability, or otherwise, even if iBusiness was advised
of the possibility of such damages.
In no event shall iBusiness’ total aggregate liability for all claims
arising from or related to these iBuild Terms exceed the total amounts paid, and amounts accrued but
not yet paid, to iBusiness for the Services in the three (3) month period preceding the event giving
rise to the claim. iBusiness assumes no liability or responsibility for the performance,
availability, or accuracy of any third-party AI services or providers integrated with the Services,
including but not limited to external models, APIs, or software.
You acknowledge that the limitations and exclusions in this section are a
material basis for the Services provided. Certain jurisdictions prohibit the exclusion of implied
warranties or limitations of liability for consequential or incidental damages, and as such, some of
the disclaimers and/or limitations set forth herein may be inapplicable to you. In such cases, you
agree that these disclaimers and/or limitations will apply to the maximum extent permitted by
applicable law.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless iBusiness, its
affiliates, officers, directors, employees, and agents from and against all claims, liabilities,
losses, damages, and expenses (including reasonable attorneys’ fees and costs) arising from or in
connection with: (a) your use or misuse of the Services, including you use of the Output and any
products or services developed, offered, or made available in any way, related to or in connection
with your use of the Output in accordance herewith; (b) your violation or alleged violation of the
Terms; (c) any claim that your personal data or Output infringes the rights of a third party; (d)
your violation of applicable law, regulation, or any third-party right in connection with your use
of the Services; or (e) any actual or alleged gross negligence, willful misconduct, fraud, or other
criminal acts perpetrated by you, your agents, employees, or representatives, or anyone acting on
your behalf. Notwithstanding anything to the contrary contained in the Terms, iBusiness has no
obligation of indemnity to you, for or related to your use of the Services or the Output.
22. TERM AND TERMINATION
The term of the iBuild Terms shall commence immediately upon your access
to the Services and shall continue indefinitely until you cease all use of the Services and Output
(“Term”). iBusiness may, at its sole and absolute discretion, suspend or terminate your access to
the Services immediately (with or without notice) if you breach the Terms, fail to pay fees, engage
in any conduct that creates or presents a security risk, engage in any illegal or fraudulent
activity, or engage in conduct that iBusiness deems harmful to itself or others. In the event
iBusiness suspends or terminates your access to the Services, you will not be entitled to a refund
of any fees previously paid iBusiness.
Upon termination, your license to use the Services ends immediately; you
must cease all use of the Services and, unless otherwise agreed, iBusiness may delete or anonymize
any of your Input or Output, including any content, code, prototype, data, or materials you created
through iBuild (“User Content”), within one hundred and eighty (180) days of termination (or such
longer period as required by law). You acknowledge that upon cancellation, expiration, or
termination of the Services, iBusiness has no obligation to store, maintain, or provide access to
User Content, and that such User Content may be permanently deleted in iBusiness’ sole discretion.
All provisions of these iBuild Terms which by their nature survive termination (including ownership,
indemnification, disclaimers, and limitations of liability) will remain in effect.
23. DISCLAIMER
iBUILD, THE SERVICES, OUTPUT, AND SUPPORT SERVICES ARE PROVIDED BY
iBUSINESS “AS IS” AND “AS AVAILABLE.” iBUSINESS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. iBUSINESS MAKES NO
REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE, SECURITY, RELIABILITY, ACCURACY, OR
USABILITY OF THE SERVICES OR OUTPUT. iBUSINESS DOES NOT WARRANT THAT THE SERVICES OR ANY
DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM DEFECTS, NOR DOES IT GUARANTEE THAT THE
RESULTS OBTAINED FROM THE USE OF THE SERVICES OR DELIVERABLES WILL MEET ANY EXPECTATIONS OR
REQUIREMENTS. YOU ACKNOWLEDGE THAT THE SERVICES AND OUTPUT MAY CONTAIN ERRORS, OMISSIONS, OR
INACCURACIES, AND THAT THEIR USE MAY RESULT IN DATA CORRUPTION OR LOSS, FOR WHICH IBUSINESS SHALL
HAVE NO LIABILITY.
24. BETA FEATURES
iBusiness may, from time to time, elect to provide certain Beta Features.
All Beta Features are provided “AS IS” and “AS AVAILABLE.” iBusiness’ warranties, indemnities, and
other contractual terms do not apply to Beta Features, and no support services are provided for such
features. iBusiness reserves the right to modify, suspend, discontinue, or terminate any Beta
Feature, or your access to or use of any Beta Feature, at any time and without prior notice.
25. EXPORT CONTROLS AND COMPLIANCE
You represent and warrant that you are not located in, and will not
provide the Services to, any person or entity located in a country or territory subject to U.S. or
international trade embargoes or sanctions. You further agree to comply fully with all applicable
U.S. and foreign export control, sanctions, and trade compliance laws and regulations in connection
with your access to and use of the Services.
26. PUBLICITY AND CUSTOMER IDENTITY
Unless otherwise agreed in writing, you grant iBusiness the right to
identify you as a user or customer of the Services, use your name, company name, logo, or trademark,
on iBusiness’ website, in investor materials, or in marketing communications. You may withdraw this
permission upon thirty (30) days’ written notice; iBusiness will cease new uses but need not remove
previously published materials.
27. CHANGES TO TERMS
Unless otherwise agreed in writing, you grant iBusiness the right to
identify you as a user or customer of the Services, use your name, company name, logo, or trademark,
on iBusiness’ website, in investor materials, or in marketing communications. You may withdraw this
permission upon thirty (30) days’ written notice; iBusiness will cease new uses but need not remove
previously published materials.
28. FORCE MAJEURE
Unless otherwise agreed in writing, you grant iBusiness the right to
identify you as a user or customer of the Services, use your name, company name, logo, or trademark,
on iBusiness’ website, in investor materials, or in marketing communications. You may withdraw this
permission upon thirty (30) days’ written notice; iBusiness will cease new uses but need not remove
previously published materials.
29. GOVERNING LAW AND DISPUTE RESOLUTION
These iBuild Terms shall be governed by and construed in accordance with
the laws of the State of Florida, without regard to its conflict-of-law principles. Any dispute,
claim, or controversy arising out of or relating to these iBuild Terms or the Services shall be
finally resolved exclusively by binding arbitration conducted in accordance with iBusiness’ Terms of Use.
30. ELECTRONIC COMMUNICATIONS
By using the Services, you agree to receive electronic communications
from iBusiness. These communications may include information about fees, charges, transactions, or
other updates related to your use of the Services, as well as notices that may require your action
to prevent service interruptions. Electronic communications are part of your relationship with
iBusiness, and you agree to receive them as a condition of using the Services. You should keep your
account email address accurate and current. You also agree that any notices, disclosures, or other
communications sent to you electronically by iBusiness meet any legal requirement that such
communications be in writing.
31. MISCELLANEOUS PROVISIONS
The Terms, including the iBuild Terms and iBusiness Terms, constitute the
entire agreement between you and iBusiness and supersede all prior or contemporaneous
understandings. No waiver is effective unless in writing. If any provision is held invalid or
unenforceable, the remaining provisions remain in full force. iBusiness may assign these iBuild
Terms without restriction; you may not assign them without iBusiness’ written consent. Headings are
for convenience only.
Notices shall be sent to your registered email and are deemed received
upon transmission.
32. CONTACT INFORMATION
Please contact iBusiness’ Legal Department if you have any questions or
concerns not already addressed in the terms.
Address:
Attn: Legal Department
iBusiness Funding, LLC
110 SE 6th St Suite 700,
Fort Lauderdale, FL 33301
legal@ibusinessfunding.com
iBusiness Funding, LLC
110 SE 6th St Suite 700,
Fort Lauderdale, FL 33301
legal@ibusinessfunding.com
