Terms of Service
Thank you for using Buildfish! We're happy you're here!
Please read this Terms of Service agreement carefully before accessing or using Buildfish.
Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.
The Buildfish Terms of Service
Effective date: July 06, 2017.
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms.
- The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Buildfish Privacy Statement, available at buildfish.co/privacy) and procedures that we may publish from time to time on the Website.
- The “Service” refers to the applications, software, products, and services provided by Buildfish.
- The “Website” refers to Buildfish’s website located at buildfish.co, and all content, services, and products provided by Buildfish at or through the Website. It also refers to Buildfish-owned subdomains of buildfish.co, and buildfish.io. Occasionally, websites owned by Buildfish may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
- “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age.
- "Buildfish,” “We,” and “Us” refer to AnalogMachines, LLC. (maker's of Buildfish), as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Paid Content” is Content only available to Users who are participating in a payment plan, including private repositories.
B. Account Terms
Short version: A human must create your account; you must be 13 or over; you must provide a valid email address. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.
1. Required Information
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.
2. Account Requirements
We have a few simple rules for accounts on Buildfish's Service.
- You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:
- A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine's actions.
- You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. Buildfish does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
- Your login may only be used by one person — i.e., a single login may not be shared by multiple people.
- Overall, the number of Users must not exceed the number of accounts you've ordered from us.
3. User Account Security
You are responsible for keeping your account secure while you use our Service.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
- You are responsible for maintaining the security of your account, password, and access tokens. Buildfish cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You will promptly notify Buildfish if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.
C. Acceptable Use
Short version: While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations.
1. Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
2. Content Restrictions
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3. Conduct Restrictions
While using Buildfish, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group, including Buildfish employees, officers, and agents, or other Buildfish Users;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with Buildfish's servers in ways that could harm our Website or Service, to place undue burden on Buildfish's servers through automated means, or to access Buildfish's Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with Buildfish, or by fraudulently misrepresenting your identity or site's purpose; or
- violate the privacy of any third party, such as by posting another person's personal information without consent.
4. Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Buildfish's express written permission.
Misuse of Buildfish Users' Personal Information is prohibited.
Any person, entity, or service collecting data from Buildfish must comply with the Buildfish Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the Buildfish Privacy Statement).
6. Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other Buildfish customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.
7. User Protection
You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
D. User-Generated Content
Short version: You own content you create, but you allow us certain rights to it, so that we can display and host the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.
1. Responsibility for User-Generated Content
You may create User-Generated Content while using the Service. You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any display or misuse of your User-Generated Content.
2. Ownership of Content and Right to Post
You retain ownership of and responsibility for Content you create. If you're posting anything you did not create yourself, you agree that you will only submit Content that you have the right to post, and you will fully comply with any third party licenses relating to Content you post.
3. Buildfish May Remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Buildfish terms or policies.
4. License Grant to Us
Your Content belongs to you, and you are responsible for Content you post even if it does not belong to you. However, we need the legal right to do things like host it, publish it, and share it. You grant us and our legal successors the right to store and display your Content and make incidental copies as necessary to render the Website and provide the Service.
That means you're giving us the right to do things like reproduce your content (so we can do things like copy it to our database and make backups); display it (so we can do things like show it to you and other users); modify it (so our server can do things like parse it into a search index); distribute it (so we can do things like share it with other users); and perform it (in case your content is something like music or video).
This license does not grant Buildfish the right to sell your Content or otherwise distribute it outside of our Service.
5. License Grant to Other Users
Any Content you share with collaborators, may be viewed and accessed by those collaborators.
6. Moral Rights
You retain all moral rights to Content you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise. You understand that you will not receive any payment for any of the rights granted in this Section.
To the extent such an agreement is not enforceable by applicable law, you grant Buildfish a nonexclusive, revocable, worldwide, royalty-free right to (1) use the Content without attribution strictly as necessary to render the Website and provide the Service; and (2) make reasonable adaptations of the Content as provided in this Section. We need these rights to allow basic functions like search to work.
E. Copyright Infringement and DMCA Policy
If you are a copyright owner and you believe that content on Buildfish violates your rights, please contact us or by emailing email@example.com.
There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the accounts of repeat infringers of this policy.
F. Intellectual Property Notice
Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
1. Buildfish's Rights to Content
Short version: You are responsible for any fees associated with your use of Buildfish. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.
Our pricing and payment terms are available at buildfish.co. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
2. Upgrades, Downgrades, and Changes
- We will immediately bill you when you subscribe to any paying plan.
- If you change from a monthly billing plan to a yearly billing plan, Buildfish will bill you for a full year at the next monthly billing date.
- If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
- You may change your level of service at any time. If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account. Please see our section on Cancellation.
3. Billing Schedule; No Refunds
- For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period.
- In order to treat everyone equally, no exceptions will be made.
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, or other approved methods of payment for fees that you authorize for Buildfish.
5. Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Buildfish any charge incurred in connection with your use of the Service. If you dispute the matter, contact Buildfish Support. You are responsible for providing us with a valid means of payment for paid accounts.
L. Cancellation and Termination
Short version: You may close your account at any time. If you do, we'll treat your information responsibly.
1. Account Cancellation
It is your responsibility to properly cancel your account with Buildfish. You can cancel your account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel accounts in response to an email or phone request.
2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in backups). This information can not be recovered once your account is cancelled.
We will not delete Content that you have contributed to other Users' repositories.
3. Buildfish May Terminate
Buildfish has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Buildfish reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
M. Communications with Buildfish
Short version: We use email and other electronic means to stay in touch with our users.
1. Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
2. Legal Notice to Buildfish Must Be in Writing
Communications made through email or Buildfish Support's messaging system will not constitute legal notice to Buildfish or any of its officers, employees, agents or representatives in any situation where notice to Buildfish is required by contract or any law or regulation. Legal notice to Buildfish must be in writing and served on Buildfish's legal agent.
3. No Phone Support
Buildfish only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
N. Disclaimer of Warranties
Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
Buildfish provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Buildfish does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
O. Limitation of Liability
Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
P. Release and Indemnification
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release Buildfish from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Buildfish (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Buildfish of all liability); and (3) provides to you all reasonable assistance, at your expense.
Q. Changes to These Terms
Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
1. Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and Buildfish and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Washington, without regard to conflict of law provisions. You and Buildfish agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Seattle, Washington.
Buildfish may assign or delegate these Terms of Service and/or the Buildfish Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
3. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
4. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Buildfish to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
5. Complete Agreement
These Terms of Service, together with the Buildfish Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Buildfish relating to the subject matter of these terms.
Questions about the Terms of Service? Contact us.