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Terms of Use

Buildy Terms of Use

Last Updated: May 6, 2026

These Terms of Use (these "Terms") are a binding contract between you and Fractal Dynamics, Inc. d/b/a Buildy ("Buildy," "we," "our," or "us"). These Terms govern your access to and use of the Buildy website (buildy.so), web application, MCP server, and related software and services.

Please read these terms carefully. By using the Platform, you agree to be bound by these Terms, including any additional terms incorporated herein by reference. These Terms contain a mandatory individual arbitration provision and a class action / jury trial waiver provision that require, unless you opt out pursuant to the instructions in the Arbitration Agreement, the exclusive use of final and binding arbitration on an individual basis to resolve disputes between you and us, including any claims that arose or were asserted before you agreed to this agreement. If you do not agree to these Terms, do not use the Platform.

If you are accepting these Terms on behalf of an organization or entity ("Organization"), you represent and warrant that you have the authority to bind that Organization to these Terms. By entering into these Terms, you also acknowledge our Privacy Notice, which details our collection of personal information from you.

1. Definitions

2. Account Registration and Security; Your Responsibilities

An Account may be required to access certain Platform features and functionality, including connecting from MCP Clients.

2.1 Account Eligibility

2.2 Account Security

You are responsible for keeping your Account secure while you use the Platform. We offer tools to help you maintain your Account's security, but the content of your Account and its security are your responsibility. You are responsible for all content posted and activity that occurs under your Account, including via OAuth tokens issued to MCP Clients you have authorized. You will promptly notify Buildy if you become aware of any unauthorized use of, or access to, the Platform through your Account.

2.3 MCP Client Authorizations

When you connect Buildy from an MCP Client, you authorize that client to call MCP tools and access User Data on your behalf using the OAuth tokens issued to that client. You are responsible for reviewing the permissions you grant. To revoke access for a connected MCP Client, you may disconnect Buildy from within the MCP Client itself (where supported), or contact us at [email protected]. We are not responsible for the actions of any MCP Client.

3. License Grants and Restrictions

3.1 Access to Platform

Subject to and conditioned upon your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license during the term of these Terms to access and use the Platform (inclusive of any Updates that Buildy, in its sole discretion, may decide to make available from time to time).

3.2 License to Documentation

The foregoing includes a limited, non-exclusive, non-transferable license during the term of these Terms to use the Documentation. If you connect to the MCP Server, your use is subject to these Terms.

3.3 Restrictions

Except as expressly permitted in these Terms, you will not: (a) copy, modify, or create derivative works of the Buildy IP; (b) reverse engineer, decompile, or disassemble the Buildy IP; (c) remove any proprietary notices from the Buildy IP; (d) sell, sublicense, rent, lease, or distribute the Buildy IP; (e) use the Buildy IP to build competitive products; (f) use the Buildy IP in violation of applicable laws or these Terms.

3.4 Reservation of Rights

Buildy reserves all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Buildy IP.

3.5 Suspension

Notwithstanding anything to the contrary in this Agreement, Buildy may temporarily suspend your Account and/or access to the Platform if: (i) Buildy reasonably determines that (a) there is a threat or attack on any of the Buildy IP; (b) your or another User's use of the Buildy IP disrupts or poses a security risk to the Buildy IP or to any other User, customer, or vendor of Buildy; (c) you are using the Buildy IP for fraudulent or illegal activities; (d) Buildy's provision of the Platform to you is prohibited by applicable law; or (e) any User Data submitted, posted, or otherwise transmitted by you through the Platform may infringe or otherwise violate any third party's intellectual property or other rights; (ii) any vendor of Buildy has suspended or terminated Buildy's access to or use of any Third-Party Products required to enable us to provide the Platform; or (iii) in accordance with a violation of any other term of this Agreement (each, a "Service Suspension"). Buildy shall use commercially reasonable efforts to provide written notice of any Service Suspension to you and to provide updates regarding resumption of access to the Platform following any Service Suspension. Buildy will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or any other User may incur as a result of a Service Suspension.

3.6 Derivative Data

Notwithstanding anything to the contrary in this Agreement, Buildy may monitor your use of the Platform and collect and compile Derivative Data. As between you and Buildy, all right, title, and interest in Derivative Data, and all intellectual property rights therein, belong to and are retained solely by Buildy. You acknowledge that Buildy may compile Derivative Data based on User Data input into, and transmitted via, the Platform. You further acknowledge that Buildy may use and disclose Derivative Data for any lawful purpose.

3.7 Usage Data Rights

You agree that Buildy owns all right, title, and interest in Usage Data. Buildy may use, modify, and disclose Usage Data for any lawful purpose, including without limitation: (a) operating and improving the Platform; (b) developing new products; and (c) generating analytics.

3.8 Third-Party Products

Buildy may from time to time make Third-Party Products available to you, may rely on Third-Party Products to deliver Platform functionality, or may allow for certain Third-Party Products to be integrated with the Platform. Such Third-Party Products are subject to their own terms and conditions. Buildy is not responsible for the operation of any Third-Party Products and makes no representations or warranties of any kind with respect to Third-Party Products or their respective providers. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install or use such Third-Party Products.

4. Account Fees and Payment

4.1 General Payment Terms

You may access certain features of the Platform for free, or we may charge a fee ("Account Fees") for using the Buildy IP ("Paid Services").

4.2 Subscription Terms

Some features of the Buildy IP require a paid subscription or license. For Paid Services Accounts: (a) Account Fees are billed in advance on a recurring basis; (b) if you upgrade your subscription, we will charge your payment method for the prorated portion of the upgrade for the remainder of the current billing cycle; (c) if you downgrade your subscription, the downgrade will take effect at the start of the next billing cycle.

4.3 Usage-Based Fees

Some features of the Platform incur usage-based fees. For usage-based fees: (a) usage is calculated based on your actual use of such features during each billing cycle; (b) usage-based fees are billed in arrears; (c) you authorize us to automatically charge your payment method for usage-based fees at the end of each billing cycle; and (d) we may require a pre-paid balance or credit limit for usage-based features.

4.4 Payment Methods

You must provide valid payment information to access paid features. You: (a) authorize us to charge all fees to your designated payment method; (b) will promptly update your Account with any changes to your payment information.

4.5 Payment Processor

We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account (your "Billing Account") for any owed Account Fees. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe's Terms of Service at https://stripe.com/legal and their Privacy Policy at https://stripe.com/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor.

4.6 Late Payments

If any fees are not paid when due: (a) we may charge interest on overdue amounts at 1.5% per month (or the highest rate permitted by law, if less); (b) we may suspend your access to paid features until payment is made; and (c) you will reimburse us for all reasonable costs we incur in collecting overdue fees, including reasonable attorneys' fees.

4.7 Recurring Billing

Some Paid Services may consist of an initial period followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Paid Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, contact us at [email protected], or, where available within the Platform, update your billing information from your Account.

4.8 Taxes

Fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes ("Taxes"). You are responsible for paying all Taxes associated with your purchases. If we have the legal obligation to pay or collect Taxes for which you are responsible, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

5. Security

5.1 Our Security Measures

We implement and maintain commercially reasonable Security Measures designed to protect your Account and data from unauthorized access, disclosure, or use. These measures include industry-standard authentication for Account access, scoped access controls for tools called by MCP Clients on your behalf, isolation of rendered apps from one another and from the Buildy host, and content security policies that restrict where Buildy content can be embedded. Specific technical measures evolve over time as the Platform and the broader MCP ecosystem evolve.

5.2 Your Security Responsibilities

You are responsible for: (a) maintaining the security of your Account credentials; (b) using the Security Measures we make available; (c) promptly notifying us of any unauthorized access to or use of your Account; and (d) promptly revoking authorization for any MCP Client you no longer wish to access your Account.

5.3 Third-Party Access

If you integrate the Buildy IP with Third-Party Products (including MCP Clients) or grant third parties access to your Account, you are responsible for ensuring such access complies with these Terms and does not compromise the security of your Account.

6. Term and Termination; Suspension

6.1 Subscriptions and Term Licenses

For Paid Services or free trials or pilots subject to a set license or subscription term, the initial term of such license or subscription shall be specified in an Order (the "Initial Term"), and unless an Order specifies otherwise, shall automatically renew for successive one (1) year periods (each a "Renewal Term," collectively with the Initial Term the "Term"), unless you or Buildy provides written notice to the other of non-renewal at least thirty (30) days prior to the commencement of the then-forthcoming Renewal Term.

6.2 Termination or Suspension By Us

We may suspend or terminate your access to or use of Buildy IP: (a) if you violate these Terms; (b) if you fail to pay Account Fees when due; (c) if we believe your use of the Buildy IP poses a security risk; (d) if we believe you are using the Buildy IP fraudulently; (e) if we believe you are using the Buildy IP in a way that violates law or third-party rights; (f) if we believe you are using the Platform in a way that could harm the Buildy IP or other users; (g) if required by law or legal process; or (h) at any time for any reason upon notice to you.

6.3 Mutual Termination Rights

Either you or Buildy may terminate an Order upon written notice to the other party if that party is in material breach of these Terms and such breach remains uncured thirty (30) days after provision of written notice.

6.4 Effect of Suspension or Termination

If we suspend or terminate your access to the Buildy IP: (a) you remain responsible for all fees incurred before or during the suspension or termination; (b) you remain responsible for any applicable minimum commitment fees; (c) we may delete your Account data; and (d) you must cease all use of the Buildy IP.

7. Proprietary Rights

7.1 Buildy IP

You acknowledge that, as between you and Buildy, Buildy owns all right, title, and interest, including all intellectual property rights, in and to the Buildy IP and, with respect to Third-Party Products, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products.

7.2 User Data

Buildy acknowledges that, as between you and Buildy, you and your licensors (if any) retain all right, title, and interest, including all intellectual property rights, in and to User Data. You grant Buildy a limited right and license to host, store, transmit, display, and process your User Data to the extent necessary to provide you with the Platform.

7.3 Feedback

If you provide Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right and license to use and incorporate such Feedback without restriction.

8. Confidentiality

8.1 User Confidentiality Obligations

You agree that any non-public information we give you, such as information about a private beta offering or any information or materials made available on non-public portions of the Platform, is Buildy's confidential information, regardless of whether it is marked or identified as such (collectively, "Confidential Information"). You agree to only use such Confidential Information for the express purpose of testing and evaluating such beta products and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information.

8.2 Exceptions

Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part; (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from Buildy. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided Buildy has been given reasonable advance written notice to object, unless prohibited by law.

9. Representations and Warranties; Warranty Disclaimers

9.1 Representations and Warranties

Each party represents and warrants that it has the legal power and authority to enter into these Terms. You represent and warrant that you have sufficient rights to all User Data submitted to or transmitted via the Platform.

9.2 Warranty Disclaimer

Buildy and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Buildy and all such parties together, the "Buildy Parties") make no representations or warranties concerning the Buildy IP, and the Buildy Parties will not be responsible nor liable for the accuracy, availability, occurrence of errors, copyright compliance, legality, or decency of material contained in or accessed through the Platform or any claims, actions, suits, procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your access of the Platform or use of any Buildy IP. The Buildy Parties make no representations or warranties regarding suggestions or recommendations offered through or in connection with your use of the Platform. The Buildy IP is provided by Buildy (and its licensors and suppliers) on an "as-is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Buildy IP will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

10. Limitation of Liability

10.1 Exclusion of Damages

In no event will either party be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation damages for lost profits or revenues, goodwill, work stoppage, security breaches, viruses, computer failure or malfunction, use, data or other intangible losses or commercial damages, even if any of such parties is advised of the possibility of such losses, arising under or in connection with these Terms or the use of or inability to use the Platform.

10.2 Liability Cap

In no event will Buildy's aggregate liability arising out of or related to these Terms exceed the greater of $100 or the amounts paid by you to us in the twelve months preceding the incident giving rise to the liability.

11. Indemnification

You will indemnify, defend and hold harmless Buildy and our officers, directors, employees, agents and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Buildy IP not in accordance with these Terms; (b) your violation of any other part of these Terms; (c) your violation of any applicable laws, rules or regulations; (d) your violation of any rights of any third party; or (e) User Data.

12. General Terms

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles.

12.2 Arbitration Agreement

Please read the following Arbitration Agreement carefully because it requires you to arbitrate certain disputes and claims with Buildy and limits the manner in which you can seek relief from Buildy. Both you and Buildy acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Buildy's officers, directors, employees and independent contractors ("Representatives") are third-party beneficiaries of these Terms.

(a) Arbitration Rules; Applicability of Arbitration Agreement. You and Buildy shall use best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Seattle, WA. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Buildy will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Buildy will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Waiver of Jury Trial. You and Buildy waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury. You and Buildy are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Buildy over whether to vacate or enforce an arbitration award, you and Buildy waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

(d) Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one user cannot be arbitrated or litigated jointly or consolidated with those of any other user. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Buildy is entitled to arbitration; instead all claims and disputes will be resolved in a court.

(e) Exclusive Venue. If you send the opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or Buildy to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Buildy agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in New York County, NY, or the federal district in which that county falls.

(f) Opt-Out of Arbitration. You have the right to opt out of this Arbitration Agreement. To opt out, you must notify Buildy in writing within thirty (30) days of the date that you first became subject to this Arbitration Agreement by sending an email to [email protected] with the subject line "Arbitration Opt-Out" and including (i) your full legal name, (ii) the email address associated with your Account, and (iii) a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Buildy will be required to arbitrate disputes between you and Buildy. Opting out of arbitration will not affect any other provision of these Terms.

(g) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Buildy.

12.3 Export Compliance

The Buildy IP utilizes software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Buildy IP or the underlying software or technology to, or make the Buildy IP or the underlying software or technology accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Buildy IP or the underlying software or technology available outside the US.

12.4 US Government Rights

Each of the Documentation and the software components that constitute the Platform is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you or your Organization is an agency of the US Government or any contractor therefor, you only receive those rights with respect to the Platform and Documentation as are granted to all other Users.

12.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice or consent.

12.6 Entire Agreement

These Terms, together with an Order, our Privacy Notice, and any other terms referenced herein, constitute the entire agreement between you and us regarding your use of the Buildy IP.

12.7 Modifications

We may modify these Terms at any time by posting the revised Terms on our Website. Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the modified Terms.

12.8 Waiver

No failure or delay by a party in exercising any right or remedy available to it in connection with these Terms will constitute a waiver of such right or remedy. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party granting the waiver.

12.9 Severability

If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

12.10 Publicity

Buildy may identify you as a User of the Platform and may use your (or your Organization's) name, logo, and other trademarks in Buildy's customer list, press releases, blog posts, advertisements, investor materials, and website. Otherwise, neither party may use the name, logo, or other trademarks of the other party for any purpose without the other party's prior written approval.

12.11 Notices

We may provide notices to you via email provided as part of your Account creation, messages to your Account, or posts on our Website. All notices to us must be sent to [email protected].

12.12 Contact Information

For questions about these Terms, please contact us at [email protected].