Last updated: 29 October 2026
Effective: 29 October 2026 for Accounts created on or after that date; 28 November 2026 for all other Accounts.

Previous version: the Terms of Service dated 27 May 2026, which continue to apply to Accounts created before 29 October 2026 until 28 November 2026.

These Terms of Service ("Terms") govern your use of the BuildAvelo website, applications, and services provided by BuildAvelo, Inc., a Delaware corporation (collectively, the "Service"). "BuildAvelo", "we", "us" and "our" mean BuildAvelo, Inc., 308 6th St Apt 2041, Ocean City, NJ 08226, USA. "You" and "your" mean the person or entity using the Service.

By using any part of the Service you agree to these Terms, our Privacy Policy and our Refund Policy, both incorporated by reference. If you do not agree, do not use the Service.

These Terms contain a binding arbitration agreement and class action waiver (Section 24). It affects how disputes are resolved.

1. Definitions

"Account" – Your registered BuildAvelo account.
"Allocation Period" – The period for which Subscription Credits are allocated: one month, including under an annual Subscription.
"Billing Cycle" – The monthly or annual period for which a Subscription is paid.
"BuildAvelo Cloud" – Our integrated backend service providing managed database, authentication, file storage, Edge Functions and realtime for Projects. A "Cloud Instance" is one provisioned BuildAvelo Cloud environment; "Cloud Data" is everything stored in or processed by it; an "Edge Function" is serverless code running on BuildAvelo Cloud; a "Cloud Region" is the geographic region where a Cloud Instance runs.
"BuildAvelo Watch" – Our error monitoring feature. "Watch Data" is the diagnostic data it collects: error messages, stack traces, device and platform information, application state, network metadata, session identifiers and timestamps.
"Credits" – Units deducted for metered operations on the Service. There are three kinds:
– "Subscription Credits" – allocated to your Account for each Allocation Period under a Subscription. On some legacy plans part of the allocation is granted daily ("Daily Credits"); Daily Credits are Subscription Credits;
– "Purchased Credits" – bought as a one-time bundle;
– "Promotional Credits" – granted at our discretion without payment, including free-tier, trial, promotional, goodwill and support grants.
"Custom Domain" – A hostname you control that you point at a Web Deployment.
"Default Public Licenses" – Apache License 2.0 for Project Code and Creative Commons Attribution 4.0 International (CC BY 4.0) for Project Assets, applied to Public Projects when the Project does not state another license.
"Expo Integration" – The optional feature that connects your Expo account to the Service with a personal access token you create on expo.dev, so the Service can run builds and app store submissions through Expo Application Services ("EAS") and start phone previews that Expo Go opens under your Expo account. "Expo Credentials" are that token.
"Export Event" – Any action that delivers code, builds or other Project artifacts outside the Service: downloading or programmatically retrieving a complete or materially complete codebase; pushing or syncing code to a third-party repository such as GitHub; downloading build artifacts, binaries or installation packages; invoking an API or integration that delivers such materials to infrastructure not controlled by BuildAvelo; or submitting your app to a build service or an app store. Making a Project Public is not an Export Event. Exports are logged.
"Fair Use" – Resource-usage norms for the Service that BuildAvelo sets from time to time, such as bandwidth, requests, compute time, storage and build concurrency.
"Feedback" – Suggestions, ideas or other information you give us about the Service.
"Fork" or "Remix" – Creating a new project, repository or derivative work from an existing Project, on or off the Service. You and your permitted collaborators can Fork your Projects, Public or Private; anyone else can Fork only your Public Projects.
"Store Credentials" – The developer-account credentials you give the Service for app store submission, today your Apple ID and password.
"GitHub Integration" – The optional feature that connects your GitHub account, organization or repository to the Service through a GitHub App installation, so the Service can push, pull and sync files, commits, branches and metadata ("Two-Way Sync"). "Repository Content" is everything accessible in a connected repository. "GitHub Credentials" are the tokens, keys and grants used to authenticate the Service to GitHub for you.
"Logs" – Operational metadata the Service records about your use of it, including timestamps, Account and Project identifiers, IP addresses, user agents, request and response metadata, status codes, error traces, repository identifiers, commit hashes, file paths, operation results, usage metrics and security events.
"Output" – Text, images, code or other material the Service's AI models generate in response to your prompts.
"Project" – A workspace or app within the Service. "Project Content" is all content in a Project that you provide or that is generated at your direction, excluding materials owned by BuildAvelo. "Project Code" is source code, configuration and scripts; "Project Assets" is everything else, such as images, video, audio, fonts, text and design files.
"Public Project" – A Project you set to Public. It is visible to other users and may be Forked or Remixed on or off the Service. "Private Project" – A Project you set to Private. It is visible only to you and your permitted collaborators, and to BuildAvelo as needed to operate the Service.
"Subscription" – A recurring paid plan, billed automatically at the start of each Billing Cycle, that provides Subscription Credits and plan features for that Billing Cycle.
"Web Deployment" or "Deployment" – A hosted, publicly accessible instance of a Project at a hostname under a BuildAvelo-controlled domain (a "Deployment URL") or at a Custom Domain.

2. AI-Specific Characteristics and Agent Actions

2.1 Experimental Technology. BuildAvelo uses large‑language‑model (LLM) and other generative‑AI technology that is inherently probabilistic and may occasionally produce inaccurate, unexpected, or offensive Output.

2.2 No Guaranteed Performance. The quality, accuracy, and stability of Output can vary with prompt wording, model updates, and system load. Variations in Output quality or style—​including cases where the Output does not meet your subjective expectations—​do not constitute a defect in the Service.

2.3 User Review Required. You are solely responsible for reviewing, verifying, and, where necessary, editing Output before relying on it or publishing it.

2.4 Service Description. The Service provides AI‑powered assistance for building, compiling, deploying, and submitting mobile applications and websites from user inputs and source code. The Service includes: (a) AI agent processing of user prompts and source code; (b) code generation, modification, and refactoring; (c) build compilation via third‑party services; (d) submission of build artifacts to app stores or web hosting, where available on the user’s plan; and (e) cloud backend services (database, authentication, storage, edge functions, and real‑time capabilities). The Service does not guarantee: (i) that any particular build will compile or pass app‑store review on the first attempt; (ii) that AI‑generated Output will be production‑ready without user review and iteration; (iii) a specific number of iterations required to achieve a desired result; (iv) that the resulting application will match your subjective expectations for visual design, performance, or functionality; or (v) any particular business outcome from use of the Service. Build failures, compilation errors, app‑store rejections, and iterative development cycles are an expected and normal part of the AI‑assisted development process and do not constitute a defect in, or misrepresentation of, the Service.

2.5 Acceptance of Service Description. By purchasing a Subscription or Credit bundle, you confirm that you have read and understood this Section 2 and that your purchase decision is based on the Service as described herein—not on marketing materials, third‑party reviews, or expectations of guaranteed outcomes.

2.6 Agent Actions. AI agents in the Service act on your instructions. To complete a task an agent may take steps you did not list, including starting subagents, calling tools, running code, and creating, changing or deleting files, data and settings in your Projects, connected repositories, your connected Expo account and Cloud Instances. Actions an agent takes in your Account are treated as your actions. They are probabilistic and may be wrong, incomplete or destructive, or may introduce errors or vulnerabilities. You are responsible for reviewing and testing changes before you rely on or deploy them, and for keeping backups. Credits consumed by agent actions, including intermediate steps and actions you later undo, are used. To the fullest extent permitted by law, we are not liable for actions an agent takes on your instructions.

3. Accounts and Eligibility

3.1 Age and capacity. The Service is for users who are at least 18 years old. By creating an Account or using the Service you represent that you are at least 18, that you can enter into a binding agreement, and that your use of the Service does not violate any law. If we learn or reasonably believe you are under 18 we may suspend or terminate your Account without notice or liability and, where permitted by law, delete associated data.

3.2 Sanctions and export controls. You represent that you are not located in, ordinarily resident in or organized under the laws of a country or territory subject to comprehensive sanctions of the United States, the European Union, the United Kingdom or the United Nations; that you are not on a restricted- or denied-party list maintained by any of them, including the U.S. Treasury's Specially Designated Nationals List; and that you are not acting for anyone who is. You will not use, export or re-export the Service or any Output in breach of export-control or sanctions laws. We may refuse, suspend or terminate access immediately and without liability if we reasonably determine that you are in breach of this Section.

3.3 Account information and security. You must give accurate, complete and current information when you create an Account and keep it that way. You are responsible for safeguarding your login credentials and for everything that happens under your Account, whether you use a password or a third-party sign-in provider. Tell us immediately at kodolitsch@buildavelo.com if you become aware of unauthorized use of your Account. You may not use a username that belongs to someone else, infringes anyone's rights, or is offensive.

3.4 One free Account per person. Each person may hold one free-tier Account. You may not create or use additional Accounts, alone or with others, to obtain more Promotional Credits, free-tier resources or trials. We may verify your email address, phone number or payment method to enforce this. If we reasonably believe this Section has been breached, we may revoke Promotional Credits and close the Accounts involved, and any Credits on closed Accounts are forfeited, except where the law requires otherwise.

3.5 Using the Service for a business. If you use the Service for or on behalf of a company or other organization, that organization is bound by these Terms, "you" includes it, and you represent that you have authority to bind it. Protections that the law gives only to consumers do not apply to that use. On plans with multiple seats, each seat is for one named person and may not be shared; the Account administrator controls who holds seats and is responsible for their use of the Service. Usage by members of an organization's Account is charged to that Account's Credits. If the organization has a separate agreement for the Service signed by BuildAvelo, that agreement prevails over these Terms where they conflict.

3.6 Closing your Account. You can cancel a Subscription at any time from your billing settings; cancellation takes effect at the end of the current Billing Cycle. To delete your Account, contact us through in-app support or at kodolitsch@buildavelo.com. We delete Account data in accordance with the Privacy Policy, except for Logs and records we must keep by law or to resolve disputes. Deleting your Account forfeits any remaining Credits and removes your Deployments and Cloud Instances. It does not clear a negative Credit balance.

3.7 Emails from us. We send service emails (account, billing, security and support notices) to the address on your Account; you cannot opt out of these while you have an Account. We may also send product updates and other marketing emails about BuildAvelo. You can opt out of marketing emails at any time, free of charge, using the unsubscribe link in each email or by writing to kodolitsch@buildavelo.com. Legal notices follow Section 26.6.

4. Plans, Free Tier and Support

4.1 Plans. Plan prices, Credit allocations, limits and features are described on the website or in the Service at the time of purchase. We may change prices and Credit allocations for future Billing Cycles, subject to Section 25; those changes take effect at your first renewal after any notice period Section 25 requires. Changes to features are governed by Section 16.3. We may close a plan to new purchases. A Subscription on a closed plan continues on its terms until it ends or you change plans; after that you cannot return to it. We may also retire a plan on at least 30 days' notice by email; your Subscription then does not renew and ends at the end of its current paid term, unless you move to a current plan before then.

4.2 Free tier. The free tier is a limited preview of the Service, provided at our discretion. We may limit the number of free-tier Accounts, change or reduce free-tier quotas, rate limits, features or resources at any time, prioritize paid Subscribers for compute, availability and support, require conversion to a paid plan for continued access to some or all features, and discontinue the free tier for new or existing users. Free-tier access creates no right or expectation of continued availability, performance or feature parity, and we have no liability for changes to it or for any resulting loss of data, Projects, Credits, Deployments or Cloud Instances, except where the law requires otherwise.

4.3 Public Projects only on the free tier. On the free tier you may only create Public Projects. Creating a Private Project or switching a Project from Public to Private requires an active paid Subscription.

4.4 "Made with BuildAvelo" badge. Web Deployments on the free tier, and on plans that do not include badge removal, display a "Made with BuildAvelo" badge visible to visitors. You may not remove, hide or alter it without an active paid Subscription that includes badge removal.

4.5 Support. Paid Subscribers can contact support in the Service. Free-tier support is community support on our Discord. Response times are targets, not guarantees, on every plan. Priority Support, on plans that include it, means your requests are handled ahead of others. Without Priority Support, a first response can take up to 10 business days (Monday to Friday, excluding public holidays). A slow reply or no reply to a support request is not a failure to provide the Service and is not by itself grounds for a refund, Credits or a payment dispute. Support timing never affects these: you can cancel at any time in billing settings (Section 5.2); refund requests count from the day we receive them; privacy requests follow the Privacy Policy and statutory deadlines; abuse and copyright notices go to kodolitsch@buildavelo.com and kodolitsch@buildavelo.com. A signed agreement with a service level prevails. Nothing in this Section limits rights you have under mandatory law.

5. Subscriptions and Lapse

5.1 Billing. Subscriptions renew automatically at the start of each Billing Cycle until cancelled. You authorize us and our payment processor to charge your payment method for each renewal. If a payment fails we may retry it and may suspend paid features until it succeeds. If a renewal payment is not made within 14 days after it was due, your Subscription ends as of the end of the last paid Billing Cycle and Section 5.4 applies. Prices exclude taxes unless the checkout states otherwise; applicable taxes are added at checkout.

5.2 Cancellation. You can cancel at any time from your billing settings. Cancellation stops the next renewal; your plan features and Subscription Credits remain available until the end of the Billing Cycle you have paid for. We do not pro-rate or refund the remainder of a Billing Cycle except as stated in the Refund Policy or required by law.

5.3 Annual Subscriptions. Annual Subscriptions are billed for the full year in advance. Subscription Credits are allocated monthly during the annual term, not all at once. If you cancel, the Subscription continues until the end of the paid annual term and does not renew; we do not refund the remaining months pro rata, except as stated in the Refund Policy or required by law.

5.4 Effect of lapse. When your Subscription ends, whether because you cancelled it, it was not renewed, or it lapsed for non-payment that was not remedied:

(a) your Account continues on the free tier, subject to free-tier limits;
(b) existing Private Projects remain Private and accessible to you, subject to Sections 5.5 and 5.6, but you cannot create new Private Projects or switch Projects from Public to Private;
(c) plan features not included in the free tier stop working, and resource limits drop to free-tier levels (Section 5.6);
(d) unused Subscription Credits, including Daily Credits, are removed from your Account at the end of the last paid Billing Cycle (Section 6.4); Purchased Credits are unaffected; Promotional Credits may be removed;
(e) existing Web Deployments on a Deployment URL stay live and display the "Made with BuildAvelo" badge until the Project is deleted; Custom Domains stop routing (Section 5.6(b)); Deployments that depend on paid features or exceed free-tier Fair Use may be suspended; and
(f) Cloud Instances drop to free-tier limits and follow Sections 5.6 and 14.6.

Renewing or buying a new Subscription restores paid features. It does not restore Subscription Credits removed under (d).

5.5 Private Projects after lapse. While your Account has no active Subscription, a Private Project is deleted once 90 consecutive days pass without a conversation with the agent in that Project, counted from the later of the end of your last paid Billing Cycle and your last conversation in it. Visits to the Project's Deployments do not count as activity. For a Private Project that exists on 28 November 2026, the 90 days are counted from no earlier than 28 November 2026. We will email you at least 14 days before deletion. To keep the Project, start any paid Subscription or set the Project to Public before then. Deletion removes the Project, its Project Content and its Deployments and cannot be undone. Cloud Instances follow Section 14.6.

5.6 Lower limits after a downgrade or lapse. When your plan changes to one with lower limits, whether because you switched to a lower plan or your Subscription ended:

(a) the new plan's features, quotas, rate limits and Fair Use apply from the date the change takes effect, and features the new plan does not include, such as the GitHub Integration, app store submission or Custom Domains, stop working;
(b) Custom Domains above the new plan's limit stop routing, and all of them stop if the new plan does not include Custom Domains; the Deployment stays reachable at its Deployment URL; you choose which Custom Domains to keep in Project settings, and until you do we disable the most recently added first;
(c) Cloud Instances above the new plan's limit are paused and follow Section 14.6; you choose which stay active; usage above a Cloud limit blocks the affected operations (Section 14.3);
(d) Projects, checkpoints and other items above a count limit are kept, but you cannot create new ones until you are within the limit; Private Projects after lapse follow Section 5.5;
(e) the new plan's Watch limits apply immediately, and Watch Data older than the new retention period is deleted; and
(f) seats above the new plan's limit are removed; the Account administrator chooses which.

A plan change you choose takes effect as shown in the Service when you confirm it; a downgrade takes effect at the end of the current paid term. Subscription Credits for the current Billing Cycle stay until it ends and are then removed (Section 6.4). We do not refund the difference between plans.

6. Credits

6.1 Consumption. Credits are deducted when a request is processed, regardless of how useful you find the Output. The number of Credits an operation consumes depends on factors such as the effort setting and the size of the task. We set consumption rates and may change them, subject to Section 25; a change applies to operations processed after it takes effect. The agent works in steps, and each step is charged when it completes. When your balance falls below one Credit, the agent stops at the end of the current step, even if your task is unfinished, and you cannot start a new request until you hold at least one Credit. The step that takes your balance below one Credit is charged in full, so your balance can go negative. Credits you next receive, whether Subscription, Purchased or Promotional, first clear a negative balance. It is not cleared when a Subscription ends.

6.2 Models and providers. We decide which AI models and providers handle each request. We may route requests to any model or provider, and change, add or retire models and providers at any time. A model or provider named in the Service, in our marketing or in any other communication is not part of what you buy.

6.3 Order of use. When an operation is charged, Credits are used in this order: Daily Credits, then Promotional and Subscription Credits, then Purchased Credits.

6.4 Expiry and removal.
– Subscription Credits are valid for the Allocation Period they were allocated for and do not carry over to the next one. Daily Credits reset each day and do not accumulate. Unused Subscription Credits are removed when your Subscription ends, at the end of the last paid Billing Cycle, whether because you cancelled it, it was not renewed, or it lapsed for non-payment that was not remedied. If your Subscription ended before 28 November 2026, any Subscription Credits still on your Account are removed on 28 November 2026.
– Purchased Credits expire 12 months after the purchase date unless a longer period is stated at the point of sale. They are not affected by a Subscription ending.
– Promotional Credits expire when stated at grant and otherwise at our discretion. They may be removed at any time, including when a Subscription starts, renews or ends.
Where mandatory local law gives you a longer validity for prepaid digital credits, including in certain EU/EEA member states and California, that period applies to Purchased Credits instead.

6.5 No cash value; non-transferable. Credits have no cash value, cannot be resold or transferred between Accounts, and are not refundable once consumed. Refunds of unused Purchased Credits are governed by the Refund Policy. An approved refund removes the Credits and other benefits the refunded payment provided; Credits already used stay used.

7. Acceptable Use

7.1 General. You must not use the Service to create, develop, generate, host or publish applications, websites, content or backend workloads ("Apps") that are illegal under the laws of the State of Delaware or the United States, that violate the Apple App Store Review Guidelines or Google Play Developer Program Policies, or that fall in the categories below. We may refuse service, suspend Accounts, and remove Projects, Deployments or Cloud Instances that in our reasonable judgment violate this Section.

7.2 Illegal Apps. The following are strictly prohibited and may result in immediate termination, forfeiture of Credits and referral to law enforcement:

• Gambling and betting Apps without valid, verifiable licenses for each target jurisdiction;

• Controlled substances Apps facilitating the sale, distribution, purchase, or manufacture of illegal drugs or controlled substances;

• Child exploitation Apps containing, distributing, generating, or facilitating child sexual abuse material (CSAM), child exploitation, or any content that sexualizes minors;

• Human trafficking Apps facilitating human trafficking, forced labor, or involuntary servitude;

• Terrorism and extremism Apps promoting, recruiting for, or facilitating terrorism, violent extremism, or mass violence;

• Fraud and financial crime Apps designed for phishing, identity theft, fraud, unauthorized access to financial accounts, or other financial crimes;

• Sex trafficking and prostitution Apps facilitating prostitution, sex trafficking, or commercial sexual exploitation;

• Illegal weapons Apps facilitating the sale, manufacture, or distribution of illegal weapons, including untraceable firearms, 3D-printed weapons components, or explosive devices;

• Stalking and harassment Apps designed for stalking, doxxing, non-consensual tracking, or targeted harassment of individuals;

• Money laundering and tax evasion Apps designed to facilitate money laundering, tax evasion, sanctions evasion, or other financial crimes;

• Hate crime Apps promoting hate crimes or inciting violence against individuals or groups based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or other protected characteristics;

• Obstruction of justice Apps designed to help users evade law enforcement, destroy evidence, or obstruct justice;

• Malware and cyberattack Apps designed to distribute malware, ransomware, spyware, or to conduct cyberattacks, unauthorized network intrusion, or data exfiltration; and

• Fraudulent investment Apps including pyramid schemes, Ponzi schemes, or Apps designed to defraud investors.

7.3 Apps the stores reject. The following are prohibited because they violate Apple App Store or Google Play policies:

• Pornographic or sexually explicit Apps containing pornography, sexually explicit content, or content intended primarily for sexual gratification;

• Adult dating and hookup Apps whose primary purpose is facilitating casual sexual encounters;

• Gratuitous violence Apps featuring realistic portrayals of gratuitous violence, torture, abuse, or cruelty toward humans or animals;

• Tragedy exploitation Apps that exploit or capitalize on recent tragedies, natural disasters, armed conflicts, epidemics, or the death of public figures;

• Dangerous challenge Apps encouraging dangerous physical challenges, self-harm, reckless behavior, or activities likely to result in serious injury;

• Minor-targeted substance Apps promoting excessive consumption of alcohol, tobacco, cannabis, vaping products, or other controlled substances to minors; and

• Other policy-violating Apps that would otherwise violate the then-current Apple App Store Review Guidelines or Google Play Developer Program Policies.

7.4 Hosting and Cloud misuse. On Web Deployments, BuildAvelo Cloud and any other hosted part of the Service you must not:

• host phishing, credential harvesting, impersonation or look-alike login pages;

• distribute malware, spyware, backdoors or exploit kits, or attack, probe or gain unauthorized access to any system;

• run denial-of-service attacks, traffic flooding or abusive scraping, or create undue load on BuildAvelo or third-party infrastructure;

• send spam or unsolicited bulk email, SMS or push notifications, or run click-fraud or traffic-manipulation schemes;

• operate open proxies, VPNs, anonymizers or general-purpose relays, mine cryptocurrency, or use Deployments or Edge Functions mainly as a file-distribution or CDN endpoint;

• squat on or impersonate brands in BuildAvelo-controlled namespaces;

• store or distribute child sexual abuse material or content that sexualizes minors;

• host content that infringes intellectual property, violates privacy or publicity rights, or constitutes harassment, threats or incitement; or

• circumvent plan limits, rate limits, Fair Use or enforcement mechanisms.

7.5 Regulated data. Unless we agree otherwise in writing, the Service is not designed for regulated or special-category data such as protected health information under HIPAA, payment card data under PCI-DSS, or export-controlled data. Do not put such data in Projects, connected repositories, Deployments, Watch Data or BuildAvelo Cloud. If you do, you do so at your sole risk.

7.6 Monitoring, notices and enforcement. We do not pre-screen Apps. We may review, monitor or investigate any Project, Deployment or Cloud Instance and take enforcement action, including removal, suspension or termination, if we reasonably believe this Section has been violated. We may cooperate with law enforcement and disclose information as required by law or as we consider necessary to protect users or the public. Anyone can report illegal content or abuse on the Service to kodolitsch@buildavelo.com with the URL, an explanation of why it is illegal or abusive, and their contact details. We handle notices diligently and, where the law requires, give the affected user a statement of reasons when we remove or restrict content or an Account. Copyright notices follow Section 9.3. Authorities and users can contact us about the EU Digital Services Act at kodolitsch@buildavelo.com, in English.

7.7 Your representations. You represent that your Apps do not fall in a prohibited category, that you hold all licenses, permits and authorizations they require in every jurisdiction where you distribute them, that you comply with all laws and platform policies that apply to them, and that you will notify us and stop if you learn an App may violate this Section.

7.8 No refunds for enforcement. Suspension, removal or termination under this Section does not create eligibility for a refund. If your Account is terminated under this Section, Credits on the Account are forfeited (Section 18).

8. Your Content, Visibility and Licenses

8.1 Ownership. As between you and BuildAvelo, you own your Project Content, Repository Content and Cloud Data, subject to the licenses in these Terms.

8.2 Public means public. When you set a Project to Public:
(a) other users may view, copy, Fork, Remix and redistribute its Project Content, on and off the Service, subject to (g), and we may index, feature and surface it in the Service, including in public galleries such as Explore, and in our marketing (Section 8.6);
(b) unless the Project includes a license file stating another license, the Default Public Licenses apply on publication: Apache-2.0 for Project Code and CC BY 4.0 for Project Assets. A license stated in the Project governs instead, to the extent the law and any third-party terms allow;
(c) these licenses are worldwide, non-exclusive, royalty-free and, to the maximum extent permitted by law, irrevocable for copies and Forks made while the Project was Public. Setting a Project back to Private applies going forward only; it does not revoke lawful copies, Forks or Remixes already made, and we cannot compel third parties to remove them;
(d) the Project may display your account name, project name and license badges, and anyone who Forks or Remixes it must meet the attribution and notice requirements of the applicable license;
(e) you are responsible for identifying and complying with licenses on third-party materials in the Project, and you represent that you have all rights needed to publish it and license it as above;
(f) publication is a voluntary disclosure, not a data breach, so do not put confidential information, secrets or regulated data in a Public Project; and
(g) Forking or Remixing another user's Public Project inside the Service requires an active paid Subscription, and a Fork counts against your Project limit. This does not limit what the applicable license allows outside the Service.

The Service shows a warning before a Project becomes Public. By proceeding you accept the consequences of Public visibility. Publication, and Forks or Remixes by others, are not defects in the Service and do not create eligibility for a refund.

8.3 License to operate the Service. For all Projects, Repository Content, Cloud Data and Watch Data, you grant BuildAvelo a non-exclusive, worldwide, royalty-free license to host, store, cache, index, parse, analyze, transmit, display, build, compile, test, modify and create derivative works from that content solely as necessary to operate, maintain, secure, troubleshoot and improve the Service for you. This includes AI agent operations you request or configure, building and packaging, Logs, and backups and caches. We do not disclose Private Project Content, private Repository Content, Cloud Data or Watch Data to other customers except your authorized collaborators, and do not sell it.

8.4 Improving the Service. You grant BuildAvelo a non-exclusive, worldwide, royalty-free, perpetual license to use the content of your Public Projects, and de-identified data about how the Service is used, to train, evaluate and improve the Service, including AI models and agents. We do not use Private Project Content, private Repository Content, Cloud Data or Watch Data for this purpose. The Privacy Policy describes how we handle personal data.

8.5 Records. We may display license identifiers, insert or prompt you to include license files, and keep records of your visibility selections with timestamps.

8.6 Publicity. If you use the Service for a business, we may name the business and show its logo as a customer in our marketing. You can opt out of this at any time by writing to kodolitsch@buildavelo.com. We will stop new uses within 30 days. We do not have to recall materials already distributed, such as printed items, earlier posts or decks already sent.

While a Project is Public, we may feature it, including its name, screenshots and your account name, in the Service, in public galleries such as Explore and in our marketing. There is no separate opt-out. To stop new featuring, make the Project Private. Materials already distributed may stay.

9. BuildAvelo Intellectual Property, Feedback and DMCA

9.1 Our property. The Service and its original content, features and functionality, excluding content provided by you or other users, are and remain the exclusive property of BuildAvelo and its licensors, protected by copyright, trademark and other laws of the United States and other countries. Our trademarks and trade dress may not be used without our prior written consent.

9.2 Feedback. You assign to BuildAvelo all rights in any Feedback. If that assignment is ineffective for any reason, you grant BuildAvelo a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify and exploit the Feedback without restriction.

9.3 Copyright complaints. To report infringement under the Digital Millennium Copyright Act, send our Copyright Agent a written notice containing the information required by 17 U.S.C. § 512(c)(3): your physical or electronic signature; identification of the copyrighted work; identification and location on the Service of the material you claim is infringing; your address, telephone number and email; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent or the law; and a statement under penalty of perjury that the notice is accurate and that you are the owner or authorized to act for the owner. Our copyright contact is: BuildAvelo, Inc., 308 6th St Apt 2041, Ocean City, NJ 08226, USA; phone 6035562984; kodolitsch@buildavelo.com. We will take the action we consider appropriate, which may include removing or disabling access to the material, and we notify the user who posted it when we do.

9.4 Counter-notices. If your material was removed or disabled after a copyright notice and you believe that was a mistake or misidentification, you may send our Copyright Agent a counter-notice under 17 U.S.C. § 512(g)(3) containing: your physical or electronic signature; identification of the material and its location before removal; a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; your name, address and telephone number; a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located or, if your address is outside the United States, any judicial district in which BuildAvelo may be found; and a statement that you will accept service of process from the person who sent the original notice or their agent. We forward counter-notices to the original complainant. Unless the complainant tells us within 10 business days that they have filed a court action to restrain the alleged infringement, we will restore the material between 10 and 14 business days after receiving your counter-notice, unless the material also violates these Terms for another reason.

9.5 Repeat infringers. We terminate, in appropriate circumstances, the Accounts of users who repeatedly infringe copyright, and we accommodate standard technical measures used by copyright owners to identify or protect copyrighted works.

10. GitHub Integration

10.1 Scope. The GitHub Integration lets you connect repositories to the Service so it can push changes (commits, file writes, branch operations), pull changes (commits, file reads, diffs, branch metadata) and expose Repository Content to AI agents within the Service.

10.2 Your responsibilities. You are solely responsible for your GitHub account, organizations, repositories, permissions, branch protection, required reviews, secret scanning and all other GitHub security controls, and for choosing which repositories you grant the Service access to. We do not audit, harden or enforce your GitHub configuration.

10.3 Your warranties. You represent that you have all rights and lawful bases to connect each repository and grant the license in Section 8.3; that Repository Content and your use of the integration do not infringe or violate third-party rights or applicable law; and that Repository Content contains no malware, backdoors or code designed to damage, exfiltrate or unlawfully access systems or data.

10.4 Automated actions and sync risk. Agent actions under Section 2.6 can include edits, refactors, deletions, commits, merges, branch operations and force-pushes in connected repositories. Two-Way Sync can produce merge conflicts, overwrites, divergent histories and deletions. To the fullest extent permitted by law, we are not liable for data loss, corruption or conflicts arising from Two-Way Sync or from your repository configuration.

10.5 Credentials. We store GitHub Credentials encrypted at rest and in transit and restrict access on a need-to-know basis. Do not share them; rotate or revoke any you suspect are compromised. We are not responsible for compromise or misuse of GitHub Credentials outside our reasonable control.

10.6 GitHub's terms, limits and restrictions. Your use of GitHub is governed by GitHub's own terms, acceptable use policies, privacy statement and API terms. We are not a party to that agreement and are not responsible for GitHub's availability, rate limits, policy enforcement, SSO or enterprise restrictions, or API changes. The integration may be delayed, degraded or unavailable because of them, and that is not a defect in the Service. We may scan Repository Content for secrets or safety risks, without obligation and without replacing your own controls.

10.7 Revocation. You can revoke the integration at any time from GitHub or within the Service. We delete stored GitHub Credentials within a commercially reasonable time after revocation. We may suspend or limit the integration without notice where reasonably necessary to protect users, the Service or compliance with law or GitHub's terms, and will restore it where we can once the issue is resolved.

10.8 Exports. Pushing or syncing code to GitHub is an Export Event and affects refund eligibility under the Refund Policy.

11. Web Deployments

11.1 Scope. Web Deployments let you host a Project as a web application at a Deployment URL or a Custom Domain. Web Deployments are available on all plans, including the free tier, subject to plan limits and the badge requirement in Section 4.4.

11.2 Deployment URLs. We allocate Deployment URLs at our discretion and may change, reclaim or reassign them to protect our brand, prevent confusion or abuse, comply with law or address security risks. Deployment URLs are not your property and confer no ownership or tenancy interest. Do not request or use Deployment URLs that are confusingly similar to BuildAvelo's brand or to any brand you do not own or control.

11.3 Custom Domains. If you map a Custom Domain you must maintain DNS settings, certificate validation and domain control. We may provide managed certificates where supported, but domain ownership and correct DNS remain your responsibility. We are not responsible for domain hijacking, misconfiguration, DNS propagation delays or certificate failures caused by settings outside our control. Suspending or removing a Deployment will generally break routing for Custom Domains pointed at it. Custom Domains are available on plans that include them, up to the per-Project limit published on the website or in the Service; on a downgrade or lapse, Section 5.6(b) applies.

11.4 Your content. You are solely responsible for the content, code, configuration and behavior of your Deployment and for its compliance with law, third-party rights and these Terms. We do not moderate, pre-screen or validate Deployments.

11.5 Fair Use. Deployments are subject to Fair Use. We may throttle, rate-limit, cache, queue or otherwise manage traffic, compute, bandwidth and storage to preserve platform stability. Sustained usage that materially exceeds typical levels for your plan may result in throttling, feature limits or suspension until usage drops or you upgrade.

11.6 Takedown. We may disable or remove a Deployment immediately and without notice where we reasonably believe it is necessary to protect users or the Service, comply with law or third-party terms, or address a credible abuse report. Where legally permissible we will notify you and may restore access once the issue is resolved.

11.7 Lapse and termination. On Subscription lapse, Deployments stay live as described in Section 5.4(e) until the Project is deleted. On termination of your Account, or where a Deployment has been suspended for violation of these Terms, we may disable routing, remove the Deployment and deprovision certificates and resources without notice, and we have no obligation to preserve it or provide exports.

11.8 Deletion. After a Deployment is suspended or removed we may delete its runtime data, caches and build artifacts within a commercially reasonable time. We are not obliged to recover data from deleted Deployments.

11.9 Reputation. Search engines, browsers and reputation services may flag, block or down-rank your Deployment or domains. We are not liable for such actions and may, without obligation, help with remediation once the cause is fixed.

12. Expo Integration, Builds and App Store Submission

12.1 Scope. The Expo Integration lets the Service act in your Expo account for you: create an EAS project for a Project you build, run EAS builds for iOS and Android, submit iOS builds to App Store Connect, register test devices and start phone previews. Builds and submissions require a plan that includes native builds.

12.2 Your Expo account. Builds, submissions and the artifacts they produce run in and belong to your Expo account, under Expo's plan limits, queues, pricing and retention, which you manage. Expo stores build artifacts; we link to them and do not keep copies.

12.3 What the Service does in your Expo account. To complete a build or submission the Service may, in your Expo account: create or reuse an EAS project; copy your Project's environment variables and secrets into your EAS environments; generate or reuse the signing credentials EAS needs, which EAS stores for you; and create an App Store Connect API key with the access EAS requires, which Expo stores. These credentials are yours and stay in your Expo account when you disconnect.

12.4 Store Credentials. Where the Service submits to an app store, you submit under your own developer account and supply the Store Credentials the Service needs; we store them encrypted for the Project. Where the Service does not submit for you, you upload builds yourself. You are the publisher of your apps and responsible for everything you give a store.

12.5 Store terms and review. Each store's agreements, guidelines and review decisions apply to you and your apps. We are not a party to them and do not control review. We are not liable for rejections, removals, delays, suspensions or terminations of your apps or developer accounts, or for changes in store policy.

12.6 Phone previews. A phone preview link can be opened by anyone who has it; share it with care. On iPhone, Expo Go opens a preview only when the phone is signed in to the same Expo account that started it. When a collaborator starts the preview, it runs under their Expo account instead.

12.7 Expo's terms, limits and restrictions. Your use of Expo is governed by Expo's own terms, acceptable use policies and privacy policy. We are not a party to them and are not responsible for Expo's availability, queues, build failures on Expo's side, policy enforcement, account restrictions or API and tooling changes. Builds and previews may be delayed, degraded or unavailable because of them, and that is not a defect in the Service.

12.8 Credentials and revocation. We store Expo Credentials and Store Credentials encrypted at rest and in transit and restrict access on a need-to-know basis. Use a personal token, not a shared one, and rotate or revoke any you suspect are compromised. You can disconnect your Expo account in the Service at any time; that stops the Service from using it and we delete stored Expo Credentials within a commercially reasonable time. Revoking the token on expo.dev ends access entirely. Credentials that Expo or Apple hold for you stay in those accounts. We are not responsible for compromise or misuse of Expo Credentials or Store Credentials outside our reasonable control.

12.9 Exports. Running a build or submitting to an app store is an Export Event and affects refund eligibility under the Refund Policy.

13. BuildAvelo Watch

13.1 Scope. BuildAvelo Watch is enabled by default on all Projects and captures runtime errors, exceptions, crashes and related diagnostics on iOS, Android and web, in development and production.

13.2 Watch Data. When an error occurs, Watch collects Watch Data, which may include information about end users of your applications. You are solely responsible for ensuring your collection and use of Watch Data complies with privacy law, your own privacy policy and any required consents. Watch Data contains whatever your application exposes when an error occurs, which can include credentials, keys and personal data; make sure your application does not log or expose them.

13.3 Agentic resolution. AI agents may read Watch Data, suggest or apply code changes in response to errors, and mark events resolved or ignored. Section 2.6 applies.

13.4 Limits and retention. Watch is subject to plan-specific limits on ingestion rate, daily events and retention, as published on the website or in the Service. We may throttle, queue or drop events over the limits and delete Watch Data after the retention period for your plan. If your plan changes to one with a shorter retention period, Watch Data older than the new period is deleted when the change takes effect (Section 5.6(e)).

13.5 Turning capture off. You can turn off Watch capture per Project in its Watch settings. Turning capture off stops future collection; previously collected Watch Data remains until its retention period ends.

14. BuildAvelo Cloud

14.1 Scope. BuildAvelo Cloud provides managed database, authentication, file storage, Edge Functions and realtime for your Projects. It is available on all plans, subject to plan limits.

14.2 Regions. A Cloud Instance is created in a Cloud Region. You can specify the region when the instance is created; otherwise the agent picks one. Cloud Data is stored and processed primarily in that region. We currently offer regions in the United States and the European Union and may add, change or discontinue regions. Changing a Cloud Instance's region after creation may not be supported or may require a migration with downtime.

14.3 Limits. Cloud Instances are subject to plan-specific limits on storage, database size, authentication users, compute, Edge Function invocations and duration, API requests, realtime connections, messages, payload size and channels, and on the number of Cloud Instances you may create. Current limits are published on the website or in the Service. When you reach a limit the affected operations are blocked until usage falls below it or you upgrade. We may change limits; material reductions to paid-plan limits will be communicated in advance where practicable. Cloud add-ons, which raise the limits of an individual Cloud Instance for a recurring fee, require an active Subscription. When your Subscription is cancelled or ends, your add-ons are cancelled with it and do not renew, and we do not charge for add-on periods after your Subscription ends. You cannot buy or resume an add-on without an active Subscription.

14.4 Agentic access. AI agents may read, query and modify Cloud Data, including running SQL and migrations; create, update and delete Edge Functions; manage storage; and change authentication and access-control settings in your Cloud Instance. Section 2.6 applies.

14.5 Your responsibilities. You are solely responsible for designing authentication, authorization and access controls (including row-level security, API keys and roles), securing Edge Function code and dependencies, validating inputs, managing secrets, configuring rate limiting and abuse prevention, complying with data protection law for your end users' data, and keeping backups of critical Cloud Data. We do not audit or harden your Cloud Instance configuration, schema, functions or policies.

14.6 Downgrade, lapse, pause, archival and deletion. On a downgrade or lapse, Cloud Instance allowances drop to the new plan's limits when the change takes effect, and operations above them are blocked (Section 5.6). Free-tier Cloud Instances and lapsed paid instances follow this lifecycle, counted from the last API request, database query or Edge Function invocation; a Cloud Instance paused under Section 5.6(c) enters it at the paused step, counted from the pause:
– after 7 days the instance is paused and taken offline; you can resume it from the dashboard at no cost;
– after 30 days it is archived; you can request restoration through support or the Service;
– after 150 days it is permanently deleted with all Cloud Data. This deletion is irreversible.
Restoration from archive depends on resource availability and may require a paid Subscription.

14.7 No backups. We do not provide user-accessible backup, snapshot or point-in-time recovery for Cloud Instances. Internal redundancy and replication exist for operational purposes only and are not a backup service.

14.8 Infrastructure. BuildAvelo Cloud runs on third-party infrastructure. Outages, rate limits, policy changes, security incidents or discontinuation by those providers are outside our control and may be Force Majeure Events under Section 22.

15. Security, Logs and Telemetry

15.1 Security is a shared responsibility. Across the Service, including hosting, the GitHub Integration, the Expo Integration, Watch and BuildAvelo Cloud, we do not audit, harden or monitor your application code, dependencies, repository settings, Cloud configuration or Deployments. You are solely responsible for securing what you build and connect: authentication and authorization, secret management, security headers, dependency patching, input validation, rate limiting and data-access controls. We may run basic automated scans for obvious risks to protect the Service or other users, without obligation, and such scans are no substitute for your own controls. To the fullest extent permitted by law, we are not liable for unauthorized access, data breach, data loss or security incidents arising from your code, configuration, credentials, connected third-party systems or end users.

15.2 Logs and telemetry. We collect and retain Logs about your use of the Service, including the GitHub Integration, Expo Integration, Deployments, Watch and BuildAvelo Cloud, for security, abuse prevention, troubleshooting, billing, plan enforcement, analytics, dispute resolution and product improvement, consistent with the Privacy Policy. We may retain Logs for a commercially reasonable period, and may rely on Logs, including timestamps, Account and Project identifiers, artifact digests and export destinations, as evidence that an Export Event or other action occurred.

16. Third-Party Services, Availability and Changes to the Service

16.1 Third-party services. The Service relies on and links to third-party services, including AI model providers, cloud infrastructure, GitHub, build services, app stores and payment processors. We do not control them, are not responsible for their content, policies, availability, rate limits or changes, and are not a party to your agreements with them. Read their terms and privacy policies.

16.2 No uptime commitment. Unless stated in a separate written service-level agreement, no part of the Service, including Deployments and BuildAvelo Cloud, carries an uptime, availability or performance commitment. Performance varies with your code, dependencies, usage, geography and upstream providers. Variations in latency, caching, throughput or availability are not defects in the Service.

16.3 Changes to the Service. All features, agents and models are provided as they are when you use them. We may change, add, limit or retire any feature, agent or model, on any plan, at any time and without liability, for example because of changes in technology, AI models or providers, security, law, costs or demand. We make no commitment about our roadmap, announcements or feature requests, and your purchase is not based on future functionality. Features labelled beta, preview or experimental are provided as they are and may change or be withdrawn at any time.

17. Refunds and Chargebacks

17.1 Refund Policy. Refunds are governed exclusively by the Refund Policy, which is part of these Terms. In summary: a refund may be issued only (a) on a request made within 14 days of payment, where no Export Event has occurred and no more than 10% of the monthly Credit allocation, or of the bundle for a one-time purchase, has been consumed; or (b) on a request made within 30 days after the end of an outage in which a verifiable platform fault solely attributable to BuildAvelo made the Service completely inaccessible for more than 48 continuous hours. Dissatisfaction with Output quality is not a refund ground. If this summary and the Refund Policy differ, the Refund Policy controls.

17.2 Exports and withdrawal rights. An Export Event disqualifies the related order or Billing Cycle from refunds. Where offered, a one-time export add-on unlocks code export for one Project on a plan that does not include it. Buying it requires an active Subscription; it is tied to that Project and is not Credits. Exporting under it is an Export Event, so the add-on order is not refundable once used. For EU/EEA consumers, code and build artifacts are digital content; by initiating an Export Event after giving the separate, express consent presented in the export flow, you request immediate supply and acknowledge that your statutory 14-day right of withdrawal is lost once supply begins. Nothing in these Terms limits non-waivable statutory rights.

17.3 Chargebacks. Before initiating a chargeback, card dispute or payment reversal, you agree to follow the Refund Policy procedure and, if the outcome is unsatisfactory, to contact us under Section 23.1 and, where Section 24 applies to you, to use it. Initiating a chargeback without first following those steps is a material breach of these Terms. We may suspend your Account, including its Deployments and Cloud Instances, while the dispute is open, and may terminate it. We may recover the disputed amount, chargeback fees and related costs by deducting Credits of equivalent value from your Account or recording a negative Credit balance (Section 6.1), and otherwise through arbitration or, where permitted, small claims court. Reinstating a suspended Account is at our discretion and may be conditioned on the dispute being withdrawn and those amounts being repaid. Remaining Credits are forfeited if the Account is terminated.

18. Termination and Survival

We may suspend or terminate your Account immediately, without prior notice or liability, for any reason, including breach of these Terms. We notify you by email when we terminate your Account. On termination your right to use the Service ends, remaining Credits are forfeited and no refund is due, except where the law requires otherwise, and we may remove your Deployments, disconnect integrations and delete Projects and Cloud Instances in accordance with these Terms and the Privacy Policy. Payment obligations that arose before termination survive it, as do Sections 1, 2, 6.5, 8, 9, 15, 17, 18, 19, 20, 21, 22, 23, 24 and 26 and any other provision that by its nature should survive.

19. Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE", with all faults, without warranty of any kind. To the maximum extent permitted by law, BuildAvelo, its affiliates and their licensors and service providers disclaim all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing or usage of trade. We do not warrant that the Service will meet your requirements, achieve any intended result, work with other software or systems, be uninterrupted, timely, secure or error-free, or that defects will be corrected, or that the Service, its servers or communications from us are free of harmful components. Some jurisdictions do not allow certain warranty exclusions; in that case the exclusions apply to the greatest extent enforceable.

20. Limitation of Liability

20.1 Cap. To the fullest extent permitted by law, BuildAvelo's total aggregate liability for all claims arising out of or relating to the Service or these Terms, including claims based on inaccurate, incomplete or unsatisfactory Output, will not exceed the greater of (a) the amount you paid BuildAvelo for the Service in the 12 months before the event giving rise to the claim, or (b) USD 100.

20.2 Excluded damages. To the fullest extent permitted by law, BuildAvelo will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill, data or business opportunity, however caused and under any theory of liability, even if advised of the possibility.

20.3 Application. These limits apply regardless of legal theory, whether contract, tort, statute or otherwise, and cover, without limitation, takedown, suspension or unavailability of Deployments or Cloud Instances, pause, archival or deletion under Sections 5.5 and 14.6, limit changes under Section 5.6, automated actions by AI agents, search-engine or reputation effects, DNS or certificate misconfiguration, and third-party abuse directed at or originating from your Deployments or Cloud Instances. Nothing in this Section excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot be excluded or limited by law. Where mandatory law permits only a partial limitation, the limitation applies to the maximum extent allowed.

21. Indemnification

To the fullest extent permitted by law, you will indemnify, defend and hold harmless BuildAvelo, its affiliates, and their officers, directors, employees and agents from and against all claims, damages, losses, liabilities, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising out of or related to:

(a) your Apps, Projects, Project Content, Repository Content, Deployments, Watch Data and Cloud Data, including infringement, privacy violations, unlawful content, malware and regulated data;
(b) your breach of Section 7 (Acceptable Use), including enforcement actions, investigations or proceedings by law enforcement, regulators, platforms or third parties, your failure to obtain required licenses or permits, and your violation of app store or platform policies;
(c) your decision to make a Project Public, your licenses or lack of them for Project Content, and downstream Forks, Remixes or uses by others;
(d) your configuration, credentials, security controls and connected third-party accounts, and any security incident, breach or data loss arising from them;
(e) automated actions by AI agents in response to your prompts, policies, repositories, Watch Data or Cloud Instances;

(f) spam, phishing, malware or other harmful activity originating from or routed through your Deployments or Cloud Instances, and resulting blacklisting, reputation harm or third-party enforcement;
(g) your Custom Domain, DNS and certificate management;
(h) your failure to comply with privacy or data protection law or to obtain required consents from your end users, and claims by your end users or other third parties relating to applications built on the Service;
(i) your violation of the terms of GitHub, an app store or any other third party, and any claim or penalty imposed on BuildAvelo by a third party because of your use of the Service; or
(j) any other breach of these Terms or applicable law.

22. Force Majeure

22.1 Definition. "Force Majeure Event" means any event beyond BuildAvelo's reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, governmental or regulatory action including AI-related regulation or export controls, failure, interruption, rate limiting, policy change or discontinuation of third-party services the Service relies on (including AI model providers, cloud infrastructure, code hosting, payment processors and app stores), cyberattacks, and internet or power outages.

22.2 Effect. BuildAvelo is not liable for any failure or delay in performing its obligations that is caused by a Force Majeure Event.

23. Governing Law, Venue and Consumers

23.1 Governing law and venue. These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Subject to Section 24 (Binding Arbitration), and for any claim that is not subject to arbitration, including claims excepted under Section 24.3 and disputes with users who have validly opted out under Section 24.11, the parties submit to the exclusive jurisdiction of the state courts of the State of Delaware and the United States District Court for the District of Delaware, and waive any objection to venue or jurisdiction. Before bringing any claim you agree to first try to resolve the dispute informally by contacting us.

23.2 Consumers in the EU, EEA and UK. If you are a consumer habitually resident in the EU, the EEA or the UK, you keep the protection of the mandatory laws of your country of residence, and Section 24 applies to you only if you agree to arbitration after a dispute has arisen.

24. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT ALSO CONTAINS PROCEDURES FOR OPTING OUT OF THIS ARBITRATION AGREEMENT.

24.1 Agreement to Arbitrate

You and BuildAvelo agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and BuildAvelo (collectively, "Disputes") will be resolved exclusively through final and binding individual arbitration, rather than in court, except as set forth in Section 24.3 below. This agreement to arbitrate is intended to be broadly interpreted and includes, without limitation:

• claims arising out of or relating to any aspect of the relationship between you and BuildAvelo, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;

• claims that arose before the existence of these Terms or any prior agreement;

• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

• claims that may arise after termination of these Terms.

24.2 Delegation to Arbitrator

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall also have exclusive authority to determine the arbitrability of any Dispute.

24.3 Exceptions to Arbitration

Notwithstanding Section 24.1, the following claims are excluded from arbitration:

• Small Claims Court. Either party may bring an individual action in small claims court for Disputes within the court's jurisdictional limits, provided the action remains in small claims court and proceeds only on an individual, non‑class, non‑representative basis.

• Injunctive Relief. BuildAvelo may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain infringement or misappropriation of intellectual property rights, violations of confidentiality obligations, breaches of Acceptable Use policies (including Section 7), or any conduct that threatens imminent harm to the Service, BuildAvelo, or third parties. You agree that such relief may be sought without posting a bond or other security.

• Public Injunctive Relief. Claims for public injunctive relief shall proceed in court after all arbitrable claims have been resolved in arbitration. The court shall stay any claim for public injunctive relief pending the outcome of arbitration.

24.4 Class Action Waiver

YOU AND BUILDAVELO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

Unless both you and BuildAvelo agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court or arbitrator decides that any part of this Section 24.4 is unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), then that claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and brought in court, and the remaining claims shall proceed in arbitration.

24.5 Prohibition on Consolidated, Coordinated, or Mass Arbitration

If twenty‑five (25) or more claimants submit demands for arbitration raising substantially similar claims and are represented by the same or coordinated counsel ("Mass Filing"), the following procedures shall apply:

1. Bellwether Selection. The parties shall cooperate in good faith to select twenty (20) individual claims as bellwether cases (ten selected by claimants' counsel and ten selected by BuildAvelo). Only the bellwether cases shall proceed to arbitration initially.

2. Stay of Remaining Claims. All other claims that are part of the Mass Filing shall be stayed pending resolution of the bellwether arbitrations.

3. Mediation. Following the bellwether arbitrations, the parties shall engage in a single, global mediation of all remaining claims with a mutually agreed mediator. BuildAvelo shall pay the mediator's fees.

4. Proceeding After Mediation. If the mediation does not resolve the remaining claims, those claims may proceed in arbitration in batches of no more than fifty (50) at a time, in the order determined by the arbitration provider.

5. Fee Allocation. For any Mass Filing, BuildAvelo's obligation to pay arbitration fees under Section 24.8 shall be limited to the bellwether cases and any subsequent batches that proceed after mediation.

Failure to comply with this Section 24.5 shall constitute a material breach of this arbitration agreement.

24.6 Informal Dispute Resolution (Pre‑Arbitration Requirement)

Before initiating arbitration, you must first attempt to resolve any Dispute informally by contacting BuildAvelo at [email protected] with a written description of the Dispute, including your name, account email, the nature of the claim, and the specific relief sought ("Notice of Dispute"). BuildAvelo will attempt to contact you to resolve the Dispute within sixty (60) days. If the Dispute is not resolved within sixty (60) days after receipt of the Notice of Dispute, either party may initiate arbitration.

Compliance with this Section 24.6 is a condition precedent to initiating arbitration. Any arbitration demand filed before completing this process shall be dismissed without prejudice.

24.7 Arbitration Rules and Forum

The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (for claims under USD 250,000) or Comprehensive Arbitration Rules and Procedures (for claims of USD 250,000 or more), as modified by this arbitration agreement. The JAMS rules are available at www.jamsadr.com. If JAMS is unavailable or unwilling to administer the arbitration, the parties shall agree on an alternative arbitration provider; if the parties cannot agree, a court with jurisdiction shall appoint an arbitrator.

The arbitration shall be conducted:

• by a single arbitrator with substantial experience in technology or commercial disputes;

• in the English language;

• virtually (by videoconference or telephone), unless the arbitrator determines that an in‑person hearing is necessary, in which case the hearing shall take place in Wilmington, Delaware, USA, unless the arbitrator orders otherwise for good cause; and

• in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1–16) ("FAA"), which shall govern the interpretation and enforcement of this arbitration agreement to the maximum extent permitted by law.

24.8 Costs and Fees

Payment of arbitration fees will be governed by JAMS's fee schedule, subject to the following:

• If you are a consumer, your share of JAMS filing, administration and arbitrator fees ("Arbitration Fees") is capped at USD 250, or any lower amount JAMS's Consumer Minimum Standards then set, and BuildAvelo pays the rest. If BuildAvelo starts an arbitration against you, BuildAvelo pays all Arbitration Fees.

• If you use the Service for a business, Arbitration Fees will be allocated as determined by the arbitrator in accordance with JAMS rules.

• Each party shall bear its own attorneys' fees and costs, unless the arbitrator awards fees and costs to the prevailing party in accordance with applicable law.

• If the arbitrator finds that either party brought a claim or defense that is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), the arbitrator may award the other party its reasonable attorneys' fees and costs.

24.9 Arbitrator's Powers

The arbitrator may award any relief that a court of competent jurisdiction could award, including compensatory, statutory, and punitive damages (where permitted by law), declaratory relief, and injunctive relief. However:

• The arbitrator shall apply substantive Delaware law (or, where applicable, federal law) consistent with the FAA.

• The arbitrator shall not award relief greater than what these Terms would permit, including adherence to the Limitation of Liability in Section 20.

• The arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based.

• The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

24.10 Confidentiality of Arbitration

All aspects of the arbitration proceeding, including the award and any documents or evidence exchanged or produced, shall be kept strictly confidential by both parties, except as may be necessary to:

• enforce the arbitration award;

• comply with applicable law or legal process;

• respond to a government agency request; or

• protect or pursue a legal right.

The arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive information.

24.11 Opt‑Out Right

You may opt out of this arbitration agreement (including the Class Action Waiver) by sending a written opt‑out notice to BuildAvelo within thirty (30) days after the earlier of: (a) the date you first accepted these Terms; or (b) the date you first used the Service. The opt‑out notice must:

• be sent to: BuildAvelo, Inc., Attn: Arbitration Opt‑Out, 308 6th St Apt 2041, Ocean City, NJ 08226, USA or by email to kodolitsch@buildavelo.com with subject line "Arbitration Opt‑Out";

• include your full legal name, account email address, and mailing address; and

• include a clear statement that you wish to opt out of the arbitration agreement.

If you timely opt out, you will not be bound by this Section 24, and Disputes will be resolved exclusively in the courts specified in Section 23. If you do not timely opt out, you will be bound by this arbitration agreement.

Opting out of arbitration will not affect any other provisions of these Terms. Opting out will not entitle you to any compensation, credit, or other benefit.

24.12 Changes to This Arbitration Agreement

If BuildAvelo makes a material change to this Section 24 (other than a change to the notice address or arbitration provider), you may reject the change by sending written notice to BuildAvelo within thirty (30) days of the change. If you reject a material change, you will remain bound by the arbitration agreement in effect immediately prior to the change.

24.13 Survival

This Section 24 shall survive termination of your account and these Terms.

24.14 Severability of Arbitration Provisions

If any provision of this Section 24 (other than the Class Action Waiver in Section 24.4) is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. If the Class Action Waiver is found to be invalid, illegal, or unenforceable as to a particular Dispute, then that Dispute shall proceed in court, and this arbitration agreement shall be null and void as to that Dispute only.

25. Changes to These Terms

We may update these Terms by posting the revised version on our website. We change them for valid reasons, such as changes to the Service, our AI models or providers, our costs, security, the law or regulatory guidance, or to prevent misuse. Changes take effect on posting unless the posting states a later date. For material changes that reduce your rights regarding Credits, pricing or refunds, we will give at least 14 days' notice by email to the address on your Account before the change applies to an existing Subscription or to Credits you already hold, and you can cancel before then (Section 5.2). Where mandatory law gives consumers a right to end the contract because of a change, that right applies. It is your responsibility to review the Terms periodically. Continued use of the Service after a change takes effect is acceptance of the revised Terms. Changes to Section 24 are governed by Section 24.12.

26. General

26.1 Entire agreement. These Terms, with the Privacy Policy, the Refund Policy and any order form or addendum expressly incorporated by reference, are the entire agreement between you and BuildAvelo about the Service and supersede all prior understandings and communications. You acknowledge that you have not relied on any statement not set out in these Terms, including marketing materials, sales or support communications, documentation, or statements about future functionality. A separate agreement for the Service signed by you and an authorized officer of BuildAvelo prevails over these Terms where they conflict.

26.2 Amendments and waiver. These Terms may be changed only as described in Section 25 or by a written instrument signed by an authorized officer of BuildAvelo. No failure or delay by BuildAvelo in exercising a right is a waiver of it. Rights and remedies are cumulative.

26.3 Severability. If any provision of these Terms is held invalid or unenforceable, it will be modified and interpreted to accomplish its objectives to the greatest extent permitted by law, or if that is not possible severed to the minimum extent necessary, and the remaining provisions remain in full force. Any limitation on scope, remedy, damages, duration or other restriction found unenforceable is reduced to the minimum extent necessary to make it enforceable. Severability of Section 24 is governed by Section 24.14.

26.4 Assignment. You may not assign these Terms without our prior written consent. BuildAvelo may assign them without notice, including in a merger, acquisition or sale of assets.

26.5 Relationship; third parties. You and BuildAvelo are independent contractors. These Terms create no partnership, joint venture, employment or agency relationship, and confer no rights on third parties, except that BuildAvelo's affiliates, officers, directors, employees and agents are intended beneficiaries of the disclaimer, limitation of liability and indemnification provisions.

26.6 Notices. We may give you notices by email to the address on your Account, in the Service, or by posting on our website. Email notice is effective when sent; keep your email address current. Agreements, notices and other communications we provide electronically satisfy any legal requirement that they be in writing. Notices to us go to kodolitsch@buildavelo.com unless these Terms name another address.

26.7 Interpretation. Headings are for convenience only. "Include" and "including" mean "without limitation". "Days" means calendar days unless business days are stated.

Contact

Questions about these Terms, account deletion and arbitration opt-outs: [email protected]

Billing and refunds: [email protected]

Copyright notices: [email protected]

Abuse and illegal content: [email protected]

Privacy requests: as described in the Privacy Policy

Marketing email opt-out: [email protected]

Mail: BuildAvelo, Inc., 308 6th St Apt 2041, Ocean City, NJ 08226, USA