These Terms of Service (the “Terms”) are a binding agreement between you and The Builto Group LLC, which operates under the name BUILTO (“BUILTO,” “we,” “us,” or “our”) and is based in Massachusetts. These Terms apply to all products and services you purchase from BUILTO. Any proposal, order form, service agreement, invoice authorization, checkout record, statement of work, or DocuSign or other electronic agreement that references these Terms is an “Order Form.” By signing or electronically accepting an Order Form that references builtogroup.com/termsofservice, by checking an acceptance box, by making payment, or by using the Services, you acknowledge that you had an opportunity to review these Terms and agree that the version in effect when you accepted the applicable Order Form is incorporated into that Order Form by reference. If an Order Form expressly conflicts with these Terms regarding the specific scope, price, billing schedule, service term, or other commercial term for that engagement, the Order Form controls solely as to that conflict; these Terms control in all other respects.
1. The Services and Scope
“Services” means any product, service, project, subscription, campaign, system, implementation, hosting arrangement, or other work that BUILTO agrees to provide in an applicable Order Form. BUILTO currently offers AI Search Domination (AI search visibility and local business presence work), Revenue Split Marketing (marketing, advertising, creative, lead acquisition, and campaign management), and 24/7 Call Handling (AI call answering, missed-call responses, voice, SMS, and lead capture). An applicable Order Form may also cover other or previously offered services. The specific scope, deliverables, fees, billing, and any service-specific guarantee are governed by that Order Form.
Only the deliverables expressly identified in the applicable Order Form are included. Any additional location, campaign, platform, integration, feature, redesign, custom development, content production, manual data work, or other service outside that written scope may require a separate written change order, additional fees, or both. BUILTO is not obligated to perform out-of-scope work unless we agree to it in writing.
We may use different tools, providers, workflows, personnel, contractors, platforms, or technical methods to perform the Services, so long as the material scope stated in the Order Form is not improperly reduced. Unless an Order Form expressly states that a particular outcome is guaranteed, descriptions of deliverables describe the work to be performed and do not guarantee a particular business result.
2. Eligibility and Authority
The Services are offered only to businesses and only for business purposes. They are not intended for personal, family, or household use. You represent that you are at least 18 years old, that you are authorized to enter into these Terms and each applicable Order Form on behalf of the business identified at signup, and that the business information you provide is accurate and current. If you enter into these Terms or an Order Form on behalf of an entity, “you” means that entity and you represent and warrant that you have authority to bind it.
3. Account Setup, Cooperation, and Timelines
Delivery of the Services depends on timely information, access, approvals, credentials, business details, carrier or platform verification information, content, payment information, and other cooperation from you. You are responsible for keeping your contact information and payment method current and for responding to reasonable requests needed to perform the Services.
Unless an applicable Order Form expressly sets a guaranteed deadline, implementation dates, launch dates, completion dates, approval dates, indexing periods, campaign dates, and other timelines are estimates and may be affected by client delays, third-party reviews, technical dependencies, platform policies, outages, or other events outside BUILTO’s reasonable control. For AI Search Domination engagements with a signed 90-Day Recommendation Guarantee, the guarantee period begins when payment has been received and BUILTO has the business information, access, and approvals reasonably necessary to begin; delays caused by the client in providing requested information, access, or approvals extend the deadline by the length of those delays, as stated in the signed agreement. Nothing in this section independently waives or extends a written guarantee or eliminates a refund remedy expressly provided by an applicable Order Form.
4. Call Forwarding
To use the answering service, you enable conditional call forwarding on your existing business phone so that calls you do not answer are routed to your BUILTO number. You are responsible for enabling this setting on your device and may disable it at any time using the deactivation code provided by your carrier. Enabling conditional forwarding replaces your carrier’s standard voicemail behavior for unanswered calls. Forwarding behavior, availability, and any charges associated with it are controlled by your carrier, not by BUILTO.
The service is not a telephone line, is not a substitute for your primary phone service, and is not capable of carrying or routing emergency (911) calls. Do not rely on your BUILTO number for emergency communications.
5. Call Recording and Transcription
Calls routed to your BUILTO number are answered by an automated service and may be recorded and transcribed in order to deliver accurate messages to you. You authorize BUILTO to answer, record, and transcribe these calls on behalf of your business, and you appoint BUILTO as your agent for that limited purpose. Our automated greeting identifies itself as an automated answering service to callers and discloses that the call may be recorded.
Call recording is regulated at the state level, and some states require the consent of all parties to a call. You are responsible for ensuring that your use of the service complies with the call-recording, consent, and disclosure laws applicable to your business and to the callers you receive. If you require a different greeting or disclosure in order to comply, you must tell us so we can configure it.
6. SMS and Text Messaging
The service sends text messages to consumers who have placed an inbound call to your business phone number and were not connected, and sends lead notifications to you. Messages are sent in response to consumer-initiated calls. Message frequency varies. Message and data rates may apply. Recipients may reply STOP at any time to opt out of further messages, or reply HELP for assistance. Consent to receive text messages is not a condition of any purchase.
No mobile phone numbers or SMS consent data will be shared with or sold to third parties or affiliates for marketing or promotional purposes.
Business text messaging in the United States requires carrier registration. You agree to provide the information necessary to register your business with the messaging carriers, including your legal name, business address, and a mobile number for verification. Text messaging features become active once carrier registration is approved, typically within a few business days of signup. Voice answering is active immediately. Carrier registration is performed by third parties, and approval timelines and outcomes are outside our control. Delay or denial of carrier registration does not entitle you to a refund or credit.
7. Your Compliance Responsibilities
You are solely responsible for compliance with all laws applicable to your business and to communications sent on your behalf, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, federal and state do-not-call rules, state call-recording and consent laws, state telemarketing and automatic-renewal laws, and applicable carrier and industry messaging requirements. You agree:
- Not to use the service to send unsolicited marketing, promotional, or telemarketing messages of any kind.
- To honor opt-out requests promptly and not to message any person who has opted out.
- Not to upload, import, or request messaging to any list of contacts who did not initiate contact with your business.
- To provide accurate business identity information for carrier registration and not to misrepresent your business.
The service is configured to reply only to consumers who called your business. If you ask us to configure the service in a way that would violate these requirements, we may refuse and may terminate your subscription under Section 12.
8. Acceptable Use
You agree not to: use the service for any unlawful, fraudulent, deceptive, harassing, or abusive purpose; use it in connection with any business or content that is illegal in your jurisdiction; resell, sublicense, or provide the service to any third party; attempt to reverse-engineer, copy, or extract our prompts, configurations, code, or infrastructure; interfere with or overload the service; use the service to transmit malware; or attempt to gain unauthorized access to any part of our systems or those of our providers.
9. Fees, Billing, Payment Authorization, and Renewal
The fees, setup charges, advertising or media budgets, billing frequency, payment schedule, service term, renewal terms, and any minimum commitment applicable to your Services are stated in the applicable Order Form. There is no universal BUILTO price or universal minimum term under these Terms; the applicable Order Form controls those commercial terms. One-time fees and project fees are charged as stated in the Order Form. Recurring Services renew and are billed as stated in the Order Form until properly cancelled or otherwise terminated.
By signing or accepting an Order Form and providing a payment method, you authorize BUILTO and its payment processors to charge that payment method for all amounts when due under the Order Form and these Terms, including recurring charges where the Order Form provides for recurring billing. Payments may be processed by providers such as Stripe, Square, or another payment processor selected by BUILTO. We do not intentionally store your full payment-card number.
You are responsible for applicable taxes, bank fees, card fees, chargeback fees, advertising spend, media spend, carrier charges, or third-party pass-through costs identified in the Order Form or incurred at your direction, except to the extent an Order Form expressly states that a particular amount is included.
If a payment fails or becomes past due, we may retry the charge, require another payment method, pause work, suspend Services, withhold launch or delivery, or terminate Services until the account is brought current. Suspension for nonpayment does not waive amounts already due or extend a committed term.
Billing disputes and chargebacks. If you do not recognize or dispute a charge, you agree to contact BUILTO at (508) 500-8407 or contact@builtogroup.com and give us a reasonable opportunity to investigate before initiating a chargeback or payment dispute. A chargeback does not cancel the applicable Order Form, does not extinguish a valid payment obligation, and does not create a right to retain Services or deliverables without payment. If a chargeback is filed for an amount properly due, we may suspend or terminate Services and pursue the unpaid amount and any processor-imposed chargeback fees or other amounts recoverable by law.
10. No Refunds
Except where required by applicable law or expressly stated otherwise in the applicable Order Form, all payments are final and non-refundable. This includes setup fees, implementation fees, one-time project fees, recurring fees already charged, advertising or media management fees, hosting or maintenance fees, work already performed, reserved capacity, third-party costs incurred on your behalf, and amounts covering a billing period in which you cancel.
Dissatisfaction with results, a change in your business circumstances, failure to use the Services, failure to provide required access or cooperation, a delay caused by you or a third party, platform rejection or policy change, carrier registration delay, algorithm change, reduced lead volume, or a decision to stop using the Services does not create a right to a refund or credit unless the applicable Order Form expressly provides otherwise.
11. Cancellation
Your cancellation rights and any notice period, minimum term, committed term, or early-termination obligation are governed by the applicable Order Form. Cancellation affects future Services and renewals only and does not erase amounts already due, amounts already earned, one-time fees, non-refundable fees, third-party costs already incurred, or amounts remaining due under an agreed minimum or committed term.
Unless the applicable Order Form provides a different cancellation method, cancellation of a recurring Service must be requested by phone at (508) 500-8407. Your request must identify your business name and the phone number or email address on the account. If you call when we are unavailable, a voicemail clearly requesting cancellation and identifying the account is treated as received at the time and date of the voicemail.
For a recurring month-to-month Service with no minimum term stated in the Order Form, cancellation prevents the next renewal when the request is received and processed before the next billing date, and access ordinarily continues through the end of the already-paid service period. For a Service subject to a stated minimum or committed term, your payment obligations continue as provided in that Order Form. For one-time or project-based Services, cancellation after work has begun does not entitle you to a refund of amounts already paid and does not relieve you of amounts already earned or otherwise made non-refundable by the Order Form.
Following cancellation or termination, you are responsible for disabling any call forwarding, ad campaigns, integrations, user accounts, automations, DNS settings, or other configurations that remain under your control. BUILTO is not responsible for activity occurring after access has ended because you failed to disable or change a configuration under your control.
12. Suspension and Termination by BUILTO
We may suspend or terminate access to some or all Services, with or without prior notice where reasonably necessary, if you breach these Terms or an Order Form, fail to pay amounts when due, create legal, security, platform, carrier, reputational, or compliance risk, provide materially inaccurate information, engage in fraudulent or abusive activity, misuse the Services, or if a third-party provider suspends, restricts, or terminates an underlying capability. We may also discontinue a recurring Service on reasonable advance notice where practicable. Termination by us for your breach does not entitle you to a refund and does not waive amounts already due or committed.
Sections concerning payment obligations, compliance, content and data, intellectual property, third-party services, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and general provisions survive cancellation or termination to the extent their nature requires survival.
13. Your Content, Business Information, and Data
Content and business information you provide remain yours. You grant BUILTO a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, reproduce, modify as needed for formatting, submit, publish, display, and otherwise use that content and information solely as reasonably necessary to perform, support, administer, or improve the Services for you.
You represent and warrant that all information and materials you provide are accurate, current, non-misleading, and lawful, and that you have all rights and permissions necessary for BUILTO to use them. This includes business names, addresses, service areas, phone numbers, websites, hours, licenses, credentials, offers, pricing, photos, videos, logos, trademarks, testimonials, customer information, advertising claims, and any other content or factual representation supplied by you. You are responsible for promptly notifying us when information changes.
BUILTO may reasonably rely on information you provide and is not responsible for losses, listing issues, platform enforcement, advertising issues, consumer complaints, regulatory issues, or other consequences caused by inaccurate, incomplete, outdated, misleading, unauthorized, or unlawful client-supplied information or materials.
You are responsible for retaining your own copies of any recordings, transcripts, lead information, creative assets, reports, customer data, or other data you wish to keep. Following cancellation or termination we may delete data in accordance with our ordinary retention practices and applicable law, and we have no obligation to retain it indefinitely.
14. BUILTO Property
The site design, code, templates, AI prompts and configuration, workflows, documentation, and all hosting and telephony infrastructure remain the exclusive property of BUILTO. Your subscription grants you a limited, revocable, non-exclusive, non-transferable right to use the service during your subscription term, and no other rights are granted by implication. The BUILTO phone number assigned to your account is provisioned by BUILTO, remains ours, and is released upon cancellation. If you own a custom domain name, it remains yours at all times. Any feedback or suggestions you provide may be used by us without restriction or compensation.
15. Third-Party Services, Platforms, Listings, and Accounts
The Services may depend on or interact with third-party providers and platforms, including telecommunications carriers, messaging and voice platforms, AI model providers, hosting providers, payment processors, CRM providers, advertising platforms, social networks, search engines, mapping services, directories, data aggregators, business-listing services, and AI or search-discovery systems. Examples may include Google, Microsoft/Bing, Foursquare, Meta, YouTube, Apple, Stripe, Square, telecommunications carriers, and other providers selected from time to time. These third parties are independent from BUILTO and may impose their own terms, policies, eligibility rules, verification procedures, technical limits, and fees.
You authorize BUILTO, solely as reasonably necessary to perform the applicable Services, to create, submit, claim, verify, update, correct, merge, configure, connect, manage, or request changes to business listings, profiles, directories, advertising or marketing accounts, integrations, data feeds, and similar third-party properties using information you provide or approve. Where an account is owned or controlled by you, you agree to provide the access or authorization reasonably required for us to perform the Services.
Third-party providers control their own systems, algorithms, indexing, rankings, citations, recommendations, approvals, account enforcement, data display, verification, delivery, outages, pricing, policy changes, and removal decisions. BUILTO does not control a third party’s acts, decisions, or ongoing platform operations. These third-party limitations do not reduce or eliminate any express 90-Day Recommendation Guarantee or refund obligation contained in an applicable signed Order Form.
16. Privacy
Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms by reference. To the extent we process personal information about your callers on your behalf, we do so as your service provider and only as needed to deliver the service.
17. Results and Service-Specific Guarantees
Outside of a specific written guarantee in the applicable signed Order Form, advertising, search, AI, directory, platform, and lead-generation outcomes are inherently uncertain. Except where expressly guaranteed in the applicable Order Form, BUILTO does not guarantee a particular search ranking, placement, impression count, lead volume, booking rate, conversion rate, revenue level, return on ad spend, uninterrupted platform availability, or continuing visibility.
AI Search Domination — 90-Day Recommendation Guarantee. Where the client signs BUILTO’s AI Search Domination Service & Payment Authorization containing the 25-prompt guarantee, BUILTO guarantees a minimum of five (5) qualifying recommendations on each of ChatGPT, Gemini, Perplexity, Claude, and Grok within the applicable 90-day period, for a total of at least 25 platform-prompt results. A qualifying recommendation must recommend the client’s business in response to a distinct, relevant, non-branded service-and-location prompt covering a service and location the client actually serves. An incidental business-name mention, citation, or listing without a qualifying recommendation does not itself satisfy the guarantee. The implementation and guarantee period begins when payment is received and BUILTO has the reasonably required business information, access, and approvals. Client-caused delays in providing them extend that period by the length of the delay, as specified in the signed agreement.
Tracking, review, and refund. BUILTO documents working prompts, the AI platforms, and dated recommendation results in the client portal, where the client can review progress and available data points. At the end of the 90-day period, a BUILTO team member will personally walk the client through the results. If BUILTO has not documented at least five qualifying recommendations on each named platform by the applicable deadline, the client may request a full refund of the $5,000 one-time implementation fee in writing, as provided by the signed authorization. The guarantee does not promise any particular long-term ranking, permanent mention or recommendation, number of leads, or revenue. Specific rights for any individual client are governed by that client’s signed Order Form; these Terms do not retroactively replace different guarantee terms in earlier agreements.
Algorithms, AI systems, search engines, directories, advertising systems, telecommunications carriers, and other third parties can change at any time and are outside BUILTO’s control. Any figures, projections, examples, case studies, testimonials, forecasts, timelines, performance ranges, or estimates presented by BUILTO are illustrative or informational unless the applicable Order Form expressly identifies them as a binding guarantee.
The Services may use automated or AI-assisted systems that can produce inaccurate, incomplete, or unexpected output. You remain responsible for reviewing material business information, offers, commitments, pricing, legal disclosures, and customer-facing decisions before relying on them where reasonable review is possible.
18. Disclaimer of Warranties
Except for express promises and refund remedies in an applicable signed Order Form, and to the fullest extent permitted by law, the Services are provided “as is” and “as available.” BUILTO disclaims warranties not expressly stated in the applicable Order Form, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. BUILTO does not otherwise warrant uninterrupted, secure, timely, or error-free service.
19. Limitation of Liability
To the fullest extent permitted by law, The Builto Group LLC, BUILTO, and their respective members, managers, employees, agents, contractors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, customers, leads, opportunities, anticipated savings, data, platform access, advertising performance, search visibility, or business interruption, arising out of or relating to these Terms, any Order Form, the Services, billing, performance, nonperformance, communications, third-party platforms or providers, data, or the parties’ business relationship, whether based in contract, tort, negligence, misrepresentation, statute, strict liability, or any other theory, and whether or not the possibility of such damages was disclosed or foreseeable.
Except for any refund amount expressly due under a signed Order Form (including the 90-Day Recommendation Guarantee), and to the fullest extent permitted by law, the total aggregate liability of The Builto Group LLC and BUILTO for all claims, losses, liabilities, damages, costs, and causes of action arising out of or relating to these Terms, any Order Form, the Services, or the parties’ relationship will not exceed the total service fees actually paid by you to BUILTO under the applicable Order Form during the three (3) months immediately preceding the event giving rise to the claim. Advertising or media spend, taxes, processor fees, carrier charges, reimbursed expenses, and other third-party pass-through amounts are not service fees for purposes of this cap.
If the event giving rise to a claim occurs before you have paid three full months of service fees under the applicable Order Form, the aggregate cap is limited to the service fees actually paid under that Order Form before the event. If applicable law does not permit a particular exclusion or limitation, that exclusion or limitation applies to the greatest extent permitted by law. You acknowledge that these limitations are a material basis of the bargain and allocation of risk between the parties.
20. Indemnification
You agree to defend, indemnify, and hold harmless The Builto Group LLC, doing business as BUILTO, and its members, managers, employees, agents, contractors, and service providers from and against any third-party claim, demand, action, investigation, loss, liability, damage, fine, penalty, judgment, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your breach of these Terms or an Order Form; (c) content, data, business information, claims, offers, credentials, or instructions you provide; (d) your violation of any law, regulation, platform policy, intellectual-property right, privacy right, publicity right, or consumer right; (e) the TCPA, CAN-SPAM Act, do-not-call rules, call-recording, consent, advertising, telemarketing, licensing, or similar laws applicable to your business; (f) communications, advertisements, listings, offers, or representations made on your behalf based on information or instructions you supplied or approved; or (g) a dispute between you and one of your customers, employees, contractors, vendors, or other third parties. We will provide reasonable notice of a covered claim and may participate in the defense with counsel of our choosing. You may not settle a claim in a manner that imposes liability, admission, payment, or continuing obligation on an indemnified party without our prior written consent.
21. Dispute Resolution and Binding Arbitration
Informal resolution first. Before initiating arbitration or any permitted court proceeding, you and BUILTO agree to provide written notice of the dispute and a reasonable description of the requested relief. Notice to BUILTO must be sent to contact@builtogroup.com. The parties will have 30 days after receipt of the notice to attempt to resolve the dispute informally before a formal proceeding may be filed, unless immediate injunctive relief is reasonably necessary.
Binding individual arbitration. Except for the limited exceptions below, you and BUILTO agree that every dispute, claim, or controversy between the parties arising out of or relating to these Terms, any Order Form, the Services, billing or payment, performance or nonperformance, cancellation or termination, communications or representations, or the parties’ business relationship will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect, and not by a judge or jury. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this arbitration agreement.
Arbitration locale and procedure. The legal seat and contractual locale of the arbitration is Barnstable County, Massachusetts, regardless of whether any hearing is conducted by videoconference, telephone, written submissions, or another remote method. The arbitrator may conduct proceedings remotely when appropriate. The arbitrator may award any individual remedy available under applicable law that is not validly limited by these Terms, and the award may be confirmed and entered as a judgment in a court permitted by Section 22.
Delegation to the arbitrator. To the fullest extent permitted by law, the arbitrator, and not a court, has exclusive authority to resolve any dispute concerning the interpretation, applicability, scope, formation, validity, or enforceability of these Terms or this arbitration agreement, including any contention that all or part of the arbitration agreement is void or voidable, except that a court may determine the enforceability of the class-action waiver if applicable law requires court determination of that issue.
Class action and jury trial waiver. You and BUILTO each waive the right to a jury trial and agree that claims may be brought only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, mass, coordinated, or representative proceeding. The arbitrator may not consolidate the claims of different customers or preside over any representative proceeding unless both parties expressly agree in writing after the dispute arises.
Limited exceptions. Either party may bring an eligible individual claim in small-claims court, and either party may seek temporary or injunctive relief in court to protect intellectual property, confidential information, account security, or to prevent unauthorized access or misuse, but every court proceeding permitted by this paragraph is subject to the exclusive forum requirements in Section 22.
Time limit to bring a claim. To the fullest extent permitted by law, any claim or cause of action arising out of or relating to these Terms, an Order Form, the Services, or the parties’ relationship must be initiated in arbitration or, where expressly permitted, in court within one (1) year after the claim accrued. A claim not initiated within that period is permanently barred, except where applicable law prohibits contractual shortening of the limitations period, in which case the shortest enforceable period applies.
22. Massachusetts Governing Law and Exclusive Venue
These Terms and each Order Form are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration provisions in Section 21.
For every dispute, action, petition, or proceeding that is not required to be arbitrated, and for any court proceeding relating to arbitration, you and BUILTO irrevocably agree that the exclusive forum and venue will be the state courts located in Barnstable County, Massachusetts; provided that if federal subject-matter jurisdiction applies and a federal forum is required or properly invoked, the exclusive federal forum will be the United States District Court for the District of Massachusetts.
You and BUILTO each irrevocably submit to the personal jurisdiction of those Massachusetts courts and waive, to the fullest extent permitted by law, any objection based on personal jurisdiction, improper venue, inconvenient forum, distance, residence, principal place of business, or the fact that a party is located outside Massachusetts. Your residence or business location outside Massachusetts does not alter this agreement to Massachusetts law, arbitration locale, or exclusive forum.
23. Changes to These Terms and Versioning
Each Order Form incorporates the version of these Terms identified on this page and in effect when that Order Form is accepted, unless the Order Form expressly identifies a different version. BUILTO may update these Terms from time to time. The current version and effective date will be posted at builtogroup.com/termsofservice.
For an existing recurring Service, a material update may become effective after reasonable advance notice, including notice by email, account notice, invoice notice, or posting where permitted by law. Continued use of a recurring Service after the stated effective date constitutes acceptance of the updated Terms to the extent permitted by law. A later website update does not retroactively change amounts already earned or completed one-time work unless the parties agree otherwise in writing or applicable law requires the change.
24. General Provisions
Entire agreement and order of precedence. The applicable Order Form, these Terms, the Privacy Policy, and any written attachment or addendum expressly incorporated by reference constitute the entire agreement between you and BUILTO concerning the applicable Services and supersede prior or contemporaneous discussions, proposals, emails, advertisements, sales presentations, and representations concerning those Services. The Order Form controls only with respect to an express conflict concerning the specific scope, price, billing schedule, service term, written guarantee, qualifying-result criteria, guaranteed timeline, refund remedy, or other commercial term for that engagement; these Terms control in all other respects.
No reliance on unwritten promises. You acknowledge that, in entering into an Order Form, you are not relying on any oral promise, prediction, performance estimate, guarantee, or representation that is not included in the Order Form, these Terms, or another writing expressly incorporated into the agreement. Nothing in this paragraph limits any right that cannot lawfully be waived.
Electronic acceptance and records. The parties agree that electronic signatures, DocuSign or similar e-signatures, checkbox acceptance, electronic records, and electronically delivered copies of an Order Form or these Terms may be used to evidence acceptance and have the same effect as paper records and handwritten signatures to the extent permitted by law. BUILTO may retain electronic records of acceptance, transaction data, invoices, communications, and the version of these Terms associated with an Order Form.
Changes to an Order Form. Except for updates to these Terms made in accordance with Section 23, a modification to the specific scope, price, term, or other commercial terms of an Order Form must be agreed to in writing, including by email, electronic change order, invoice authorization, or other electronic record showing mutual agreement.
Assignment. You may not assign or transfer these Terms or an Order Form without our prior written consent. We may assign them in connection with a sale, merger, financing, reorganization, transfer of assets, corporate restructuring, or transfer of the relevant business or Services.
Independent contractors. Nothing in these Terms creates a partnership, joint venture, fiduciary, employment, franchise, or agency relationship between the parties except for any narrow agency expressly described in these Terms for performing a particular Service. Neither party may bind the other except as expressly authorized.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including carrier or platform outages, internet or power failures, cyber incidents not caused by that party’s breach, natural disasters, labor disputes, government actions, war, civil disturbance, provider failures, platform restrictions, or widespread service interruptions. Payment obligations for Services already performed or third-party costs already incurred are not excused by force majeure. This provision does not eliminate an express refund right contained in the applicable signed Order Form.
Severability and waiver. If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and modified or severed only to the minimum extent necessary, while the remaining provisions remain in effect. Failure to enforce a provision is not a waiver of that provision or any later breach.
No third-party beneficiaries. Except for persons expressly protected by the limitation-of-liability or indemnification provisions, these Terms do not create enforcement rights in any third party.
Notices and electronic communications. You consent to receive contractual notices and communications electronically at the email address or other contact information associated with your account or Order Form. Notices to BUILTO must be sent to contact@builtogroup.com, except where these Terms specify another method.
Headings. Section headings are for convenience only and do not affect interpretation.
25. Contact
Questions or billing issues: email contact@builtogroup.com, call or text (508) 500-8407, or use the BUILTO support page. Cancellation requests must be made by phone to (508) 500-8407 to be effective — see Section 11.
The Builto Group LLC · Massachusetts, USA · (508) 500-8407 · contact@builtogroup.com