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Terms of Service
Last Updated: July 15, 2025
1. Introduction
chatandbuild.com (the “ChatAndBuild”, “Site”, “Platform”) is operated by Pivotal Research Ltd ("Pivotal", “Company”, "we", "us", "our"). These Terms of Services (the "Terms") govern your access to and use of ChatAndBuild and its associated software, applications and websites (collectively, the "Services").Please note that some products and services may be subject to additional terms and conditions and/or rules and guidelines which will be deemed incorporated into this Terms by reference. These terms constitute the entire agreement between the entity or individual ("User," "you," "your") and us.

Please read these Terms and our Privacy Policy. By accessing or using the Services, you:
  • Acknowledge that you have read, understood, and agree to these Terms.
  • Confirm you are at least 18 years old, or the minimum age required in your jurisdiction, to use the Services. If you are under 18, you must review these Terms with a legal guardian and obtain their consent before using the Services.
  • Confirm that you are not barred from using the Services under the laws of your jurisdiction.
  • Agree to comply with these Terms and our Privacy Policy.
  • Agree to provide reasonable cooperation to us in relation to these Terms and ensure compliance with them.
  • Represent and warrant that you have the authority to enter into this Agreement, either personally or, if acting on behalf of an entity, on behalf of the entity identified in the account registration process. Any references to "User", "you", or "your" will apply to such entity if applicable.
  • Commit to comply with all applicable laws and regulations.
We reserve the right to update or revise these Terms at any time by posting updated terms on the Site or notifying you directly. Continued use of the Services following such changes constitutes your acceptance of the revised Terms.
2. Access and Use
2.1 Access Rights
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to use our Services. This license includes the right to use our Services for both personal and commercial purposes, subject to your subscription plan and these Terms. The license will terminate immediately upon violation of these Terms or if your account is terminated for any reason. We reserve the right to modify, suspend, or discontinue any part of the Services at our discretion, with or without notice. You agree not to use the Services in any manner that could impair their functionality or accessibility.
2.2 Account Creation and Management
  • You must create an account ("Account") to use the Services.
  • You are responsible for maintaining the security of your Account and all activities conducted under it, including: (a) not allowing unauthorized access, (b) securing your account credentials, (c) ensuring no sharing of login details, and (d) promptly notifying us of any unauthorized access.
  • You may register an Account through third-party services (SSO) like Google. By doing so, you confirm that you are authorized to share your SSO account information with us and that no breach of terms occurs.
  • We reserve the right to terminate accounts that violate these Terms.
2.3 Wallet
You can link a third-party digital wallet ("Wallet") with the certain Services. By using a Wallet in connection with the Services, you agree that you are using the Wallet under the terms and conditions of the applicable third-party provider of such Wallet. Wallets are not associated with, maintained by, supported by or affiliated with us. Accordingly, you acknowledge and agree that:
  • We are not party to any transactions conducted while accessing the Services, and we do not have possession, custody, or control over any digital assets appearing on the Services.
  • You retain control over your digital assets at all times when you interact with the Site and Service.
  • We accept no responsibility or liability to you in connection with your use of a Wallet, and make no representations and warranties regarding how the Site will operate with any specific Wallet.
  • We have no ability to help you access or recover your private keys and/or seed phrases for your Wallet, as the private keys and/or seed phrases necessary to access the assets held in a Wallet are not held by us.
3. Content
3.1 Input and Output
Subject to your compliance with this Agreement, you may provide or upload input through the Services, including but not limited to prompts, comments, text, data, software, music, images, video, audio, photographs, graphics, messages, links, questions, and other materials (collectively, "Input"). You are entirely responsible for all Input that you upload, share, post, transmit, display, possess, or otherwise make available through the Services, including any content linked to third-party accounts. When providing any Input, you represent and warrant that:
  • The Input is (and will continue to be) true, current, accurate, and non-infringing upon any third-party rights, including but not limited to trademarks, patents, trade secrets, or copyrights.
  • You have all necessary rights, licenses, or permissions to upload, share, or use the Input.
  • Your Input does not violate any laws or third-party rights.
  • Your Input does not include or link to Sensitive Data, which includes:
(i) categories of data under Article 9(1) of the EU GDPR or successor laws;
(ii) credit card or payment card data subject to PCI DSS;
(iii) Nonpublic Personal Information (NPI) as defined by the Gramm-Leach-Bliley Act;
(iv) or any other similar data protected by applicable laws;
  • You have obtained all consents and permissions required under all applicable laws for the posting, transmission, or publication of any personal information and/or image or likeness of any person, entity, or property included in the Input, and you will comply with all laws applicable to such content.
  • Your Input does not violate any laws.
  • You are solely responsible for your Input and its use.
In response to your Input, the Services and any associated AI services may generate new content ("Output"). Input and Output are collectively referred to as "Content". You acknowledge that:
  • Output is based on your Input, and the Company has no control over it. Output may not be unique and can be generated similarly for other users under similar conditions.
  • The Company does not guarantee that Output is protectable by intellectual property laws.
  • All Output is provided "as is" and "with all faults." We make no representations or warranties regarding the accuracy, completeness, or suitability of any Input or Output.
  • You are solely responsible for your use of the Content and assume all risks associated with it, including potential copyright infringement claims, reliance on Content for decisions or actions, or any disclosure of Content that personally identifies you or third parties.
3.2 Content Sharing
We may provide tools that allow you to export information to third parties or third-party services. By using these tools, you consent to the transfer of such information to the relevant third party or service. We are not responsible for how third parties or services use your exported information.
3.3 Content Storage
Unless expressly agreed in writing by us, we have no obligation to store any of your Content. We are not responsible for the deletion, accuracy, or failure to store, transmit, or receive any Content, including your Content, nor for the security, privacy, or transmission of any communications related to the Services.
4. Data Usage, Training, and Handling
We collect and process data from your use of the Services to provide, improve, and support our platform, enhance user experience, and for business purposes. Detailed information is in our Privacy Policy; this section summarizes our data usage practices and clarifies data ownership.
4.1 Usage Data
Usage Data includes telemetry, logs, and metadata generated from your use of the Services, such as feature usage, API metrics, device data, and error logs. We own all Usage Data and may use it for service performance, diagnostics, system improvements, and analytics. It does not include source code, user content, or Personally Identifiable Information (“PII”). PII refers to information that can identify an individual, such as names, emails, IP addresses, and account identifiers. We use PII only for account management, support, billing, and aggregated business purposes. We do not use raw or identifiable PII for AI training. We do not sell PII and do not share it with third parties for advertising or marketing. You may request access to or deletion of your PII at any time by contacting info@chatandbuild.com.
4.2 Customer Data
“Customer Data” refers to Content that you input, upload, or generate through your use of the Services, including Input, Output (subject to any third-party rights and excluding ChatAndBuild materials), documents, project structures, logic, and configurations.  We may collect, use, store, and process Customer Data solely to provide and improve the Services, including for system operations, support, diagnostics, and security purposes. In addition, we may use Customer Data, excluding any Personally Identifiable Information ("PII") therein, for the purposes of:
  • training and tuning machine learning and AI models;
  • benchmarking and analytics;
  • developing, improving, and enhancing the functionality and performance of the Services and related technologies;
  • for the avoidance of doubt, ChatAndBuild will not use PII contained within Customer Data for such training, benchmarking, or product development purposes
We may, on a perpetual basis, use Customer Data that has been anonymized, aggregated, or de-identified for the general purpose of maintaining, improving, and enhancing our technology (including the development of new features and functionalities).
4.3 Data Handling, Retention and Deletion
We utilize industry standard data-access controls, conduct regular security audits, and practice transparent data usage.We retain Customer Data and PII as needed for service purposes or legal obligations. Deleted project data is removed within 30 days, and backups within 90 days. Usage Data and de-identified benchmarks may be retained indefinitely. You may request deletion of your data, subject to legal and technical obligations.
Authorized personnel may access workspace data for troubleshooting and improvement. We may generate de-identified benchmarks for internal metrics or public summaries. These benchmarks do not include source code or project names.
Enterprise accounts have enhanced controls, including custom data-handling agreements and restrictions on third-party sharing.
5. Intellectual Property Rights
5.1 Our rights
We or our licensors, retain all right, title, and interest in and to all intellectual property and proprietary rights related to our Site, Services, platform, technology, and brand. This includes, but is not limited to, all copyrights, trademarks, patents, trade secrets, know-how, and other intellectual property rights in:
  • The ChatAndBuild platform, underlying technology, software, tools, algorithms, AI models, libraries, documentation, infrastructure, SDKs, APIs, and interfaces.
  • All software, code (source and object), algorithms, models, features, functionalities, and systems developed by or for ChatAndBuild.
  • All user interfaces, designs, architecture, layouts, and visual elements.
  • Usage data and analytical insights derived from platform use, subject to applicable privacy laws.
  • All improvements, modifications, and derivative works of the above (collectively, "ChatAndBuild Materials").
All intellectual property, whether registered or unregistered, is owned by us or its licensors and is protected by applicable laws. Unless expressly authorized by us in writing, no rights or licenses are granted to users or third parties, either by implication or otherwise. All rights not expressly granted are reserved by us.
5.2 Content Ownership
As between the parties, subject to Section 5.3 and 5.4, any third party rights and excluding any ChatAndBuild Materials, you will own all right, title, and interest in the following:
  • Customer Data;
  • User-generated content;
  • Applications or Websites built with our Services.
5.3 License
You grant us, our affiliates, successors, assigns, and third-party service providers involved in the provision of the Platform an irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license to:
  • During the Subscription Term, access, use, modify, translate, process, copy, download, store, distribute, display, publish, and prepare derivative works of the Customer Data as necessary to provide and operate the Services, as well as to monitor your compliance with these Terms;
  • On a perpetual and irrevocable basis, use Customer Data in an aggregated, anonymized, or de-identified form to improve the Services and create Usage Data, thereby enhancing the accuracy, performance, and efficiency of the Services.
If any personal information is included in the Customer Data, we will process it in accordance with our Privacy Policy or applicable Data Processing Agreement. You remain the data controller for any personal data included in your Customer Data, and we act as your data processor solely for the purpose of providing the Services, unless otherwise specified. By submitting feedback, you grant ChatAndBuild a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and display the feedback for any purpose without compensation.
5.4 Publicity Rights
For individual users, unless you opt to keep your Content confidential or notify us in writing, you agree that we may display your apps, websites, or other work products created using the Services in our promotional materials, including on our website, social media, or in product demos.
For business entities, you grant us a non-exclusive, worldwide, transferable, royalty-free license to use your name, logo, and trademarks ("Marks") for the purpose of identifying you as a customer on our website, in customer lists, pitch materials, and other marketing and promotional materials. You may revoke this license at any time by providing written notice.
You represent and warrant that you have all necessary rights to grant this license and that our use of your Marks as described above will not infringe or misappropriate any third-party rights.
5.5 Intellectual Property Infringement and DMCA Compliance
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been infringed, please send a notice to feedback to info@chatandbuild.com. with the following information:
  • Identification of the copyrighted work allegedly infringed.
  • Identification of the allegedly infringing material.
  • Your contact information.
  • A good-faith statement of infringement.
  • A statement of accuracy under penalty of perjury.
If you believe your content was removed by mistake, you may submit a counter-notice. Upon receiving a valid counter-notice, we may reinstate the material in accordance with the DMCA.
6. Use limits, Subscription and Payment terms
The Service is subscription-based, with different tiers of access granted immediately upon successful payment. If you experience any issues, please contact support info@chatandbuild.com or submit a support ticket via the Support Center. Your use of the Site may be subject to usage limits based on your selected subscription plan, as detailed on the pricing page. We reserve the right to modify plans and pricing at any time. For detailed pricing on different billing plans, please visit "My Subscription". Subsscription plan automatically renews unless cancelled. All payments must be made using a valid credit card or through a third-party payment processor such as Stripe. By submitting your payment information, you authorize us (and our payment processors) to charge the applicable fees on a recurring basis. If using a third-party service like Stripe, you also agree to comply with their terms and conditions.
7. Term and Termination
This Agreement begins when you accept its terms (as described above) and remains in effect while you use the Services, unless terminated earlier as outlined below.
7.1 Termination by Company
We may suspend or terminate your access to the Services immediately and without notice if you materially breach any provision of this Agreement, including our Privacy Policy, or if required by law (e.g., if providing the Services becomes unlawful). We also reserve the right to terminate this Agreement or your access to the Services at any time, without cause, by providing notice to you. If your account is terminated for cause, we may bar further access to the Services. All terminations are at our sole discretion, and we are not liable to you or any third party for any suspension or termination of your account.
7.2 Termination by You
You may terminate this Agreement by closing your account on the user profile page. Subscriptions can be canceled at any time via "My Subscription," but will remain active until the end of the current billing period. Due to the digital nature of the Services, all sales are final unless otherwise stated.
7.3 Consequences of Termination
Upon termination, your right to use the Services will cease immediately, and we may delete your content stored on the Services. We will not be liable for the deletion of your content or any other consequences resulting from termination.
7.4 Survival of Certain Provisions
Certain provisions of this Agreement, such as ownership rights, warranty disclaimers, and limitations of liability, will survive termination.
7.5 Re-registration After Termination
If your account is terminated for cause or your access is revoked due to a violation of this Agreement, you agree not to attempt to re-register or access the Services using a different member name or by any other means.
8. Third-Party Services
The Platform, Site, and Generated Output may integrate with or link to third-party software, products, open-source components, applications, or services (collectively, "Third-Party Services"). These may include APIs, SDKs, or other software provided by third parties. Your use of any Third-Party Service is subject to that provider’s own terms, licenses, and privacy policies ("Third-Party Terms"). We do not review, endorse, sponsor, or approve any Third-Party Services or their providers, and we are not responsible or liable for their content, functionality, terms, or any changes or updates. Inclusion of or links to Third-Party Services do not imply affiliation or endorsement by us. We may replace or discontinue use of any Third-Party Service at our sole discretion.
In some cases, we may grant Third-Party Services the right to access, copy, process, and modify Customer Data. This access may be used for the following purposes:
  • To perform the services;
  • To address technical or security issues and resolve support requests;
  • To investigate potential violations of these Terms or applicable laws, or third-party rights.
The Third-Party Services may include open-source software or other intellectual property owned by third parties. These third-party intellectual properties are licensed under separate Third-Party Terms, which are not covered by these Terms of Service. You are responsible for complying with these Third-Party Terms, which may include direct payments to the third-party provider. We are not liable for any losses, damages, or expenses incurred in connection with third-party intellectual property or Third-Party Terms.
9. Trial Service and Pre-Released Service
We may offer certain services as free trials ("Trial Service") from time to time. We reserve the right to modify, cancel, or limit any Trial Service at any time without liability. Additionally, we may offer certain services in alpha or beta versions ("Pre-Released Service"), which will be clearly identified as such. Pre-Released Service are still under development, and may be incomplete, contain bugs, experience disruptions, or not operate as intended.
Trial Services and Pre-Released Service are provided under these Terms, but with the following exceptions:
  • Both are offered on an "As-Is" and "As Available" basis, with no express or implied warranties.
  • In no event shall the total aggregate liability of the Company, its affiliates, or third-party service providers exceed US $100 in connection with Trial Services or Pre-Released Services.
The Company makes no guarantees that any Trial Service or Pre-Released Service will be available to the Customer or will be made generally available.
10. Prohibited uses
You agree not to, and will not permit others to use the Site and Services for any of the following activities:
  • Reverse Engineering: attempting to derive the source code, model weights, underlying models, algorithms, or architecture of the Services, or scraping data or using the Services to develop competing AI models or rival products.
  • Automated Tools: using bots, scrapers, or similar technologies to access or interact with the Services without prior written authorization.
  • Unauthorized Access: accessing internal systems, administrative interfaces, or non-public APIs of the Services.
  • Harming Others: engaging in activities such as threatening, intimidating, harassing, defaming, doxxing, degrading, or victimizing others, or any other activity that infringes upon the rights of others.
  • Malicious Content: uploading or distributing viruses, worms, malware, or any other harmful code intended to disrupt, damage, or gain unauthorized access to systems, networks, or data.
  • Phishing or Deceptive Practices: attempting to obtain personal, financial, or sensitive information through fraudulent or misleading means.
  • Overloading Systems: engaging in denial-of-service attacks, spamming, excessive API requests, or other actions that degrade the performance or reliability of the Services.
  • Circumventing Restrictions: creating multiple free accounts or otherwise attempting to bypass usage restrictions, quotas, or billing limitations.
  • Illegal Activities: engaging in illegal activities such as child pornography, gambling, piracy, or others.
  • Spam: generating unsolicited or unwanted messages.
  • Electoral Content: creating content for use in electoral campaigns.
  • Intellectual Property Violations: infringing, misappropriating, or violating any third-party rights, including intellectual property or privacy rights.
The above list is not exhaustive, and we reserves the right to amend or update this list at its discretion, with or without notice. If you are unsure whether your use of the Services constitutes a prohibited activity or have any questions, please contact us at info@chatandbuild.com.
11. AI-Specific Restrictions and Disclaimer
Artificial Intelligence (“AI”) and machine learning are rapidly evolving fields of research. When using or accessing the Services, you acknowledge and agree to the following
11.1 Understanding AI Limitations and User Responsibilities
You understand that you are interacting with an AI system based on probabilistic models, which may generate errors, inaccuracies, or repetitive and formulaic content. The system may also reflect biases in its training data and lacks understanding of nuanced language, cultural references, and human emotions. Due to these limitations, AI-generated Output may not meet standards of judgment or accuracy, particularly in complex or high-stakes contexts.
You are solely responsible for reviewing and evaluating all Output before relying on it, especially in fields such as medical, legal, financial, or safety-critical applications. Output must not be used without appropriate human oversight. You bear full responsibility for any decisions or actions taken based on the Output.
You agree not to misrepresent AI-generated Output as human-generated and must inform end users that such content should be independently verified for factual accuracy and completeness. Additionally, you must not use the Services to infringe intellectual property rights or circumvent content protection mechanisms.
11.2 Third Party AI Services
Our Service integrate third-party AI technologies, including large language models from providers such as OpenAI and Anthropic. These third-party services are governed by their respective terms, which may affect the performance and behavior of the Service. You agree to comply with their applicable terms of use, including (without limitation) usage, sharing, and publication policies. Use of the Services in a manner that violates these third-party terms is strictly prohibited.
12. Enforcement & Remedies
We reserves the right, at its sole discretion and without prior notice, to take any of the following actions: immediately suspend or terminate accounts that violate these Terms, remove content that we reasonably believe infringes upon these Terms or applicable law, deny service to specific users or IP addresses, report illegal activities to law enforcement, and deny refunds to accounts that have been terminated. Additionally, we may take any other actions necessary to protect the Services, the platform, our users, and our business interests.
13. Disclaimer of Warranties
YOUR USE OF THE SITE, SERVICES, AND ALL CONTENT IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM, SERVICES, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, ALONG WITH OUR SUPPLIERS AND LICENSORS, EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES REGARDING THE ORIGINALITY, ACCURACY, RELIABILITY, OR USEFULNESS OF THE PLATFORM, SERVICES, OR ANY CONTENT, AND YOUR USE OF THESE IS ENTIRELY AT YOUR OWN RISK.
ANY MATERIALS OR CODE YOU DOWNLOAD OR ACCESS THROUGH OUR PLATFORM OR SERVICES ARE OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SYSTEM DAMAGE OR DATA LOSS THAT MAY RESULT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR THROUGH OUR PLATFORM OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. PLEASE NOTE THAT CERTAIN JURISDICTIONS MAY PROHIBIT SUCH WARRANTY DISCLAIMERS, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
WE, ALONG WITH OUR AFFILIATES, AGENTS, OFFICERS, EMPLOYEES, SUPPLIERS, AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DAMAGES-INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES-ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR PLATFORM, SERVICES, OR CONTENT (INCLUDING AI-GENERATED OUTPUT). THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, GOODWILL, DATA, USE, BUSINESS INTERRUPTION, SECURITY BREACHES, UNAUTHORIZED ACCESS, SERVICE INTERRUPTIONS, SYSTEM FAILURES, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the maximum extent permitted by law, we accept no liability for any inaccuracies, omissions, or delays in the content or services we provide. This includes, without limitation, personal injury or property damage, temporary or permanent service unavailability, slow response times, performance degradation, interface bugs, usability issues, API failures, authentication or authorization problems, or exposure of personal or sensitive information.
We also disclaim responsibility for malicious code, transmission failures, data loss, loss of saved projects or conversation history, and any business impact arising from the use of our platform or generated code. This includes time or resources spent modifying or debugging generated code, integration challenges, additional development costs, project delays, missed deadlines, or customer dissatisfaction.
We also disclaim liability for AI-generated code that may contain bugs, errors, or security vulnerabilities, fails to meet your specific requirements or expectations, does not achieve your intended business or technical goals, becomes obsolete or incompatible with other systems, causes issues when integrated with other software, or results in data loss or corruption.
Furthermore, we are not responsible for AI system limitations, including incorrect or incomplete code generation, misunderstanding of your requirements or prompts, generation of non-optimal or inefficient solutions, inconsistencies in code output quality, or failures to follow best practices or coding standards.
Additionally, we are not responsible for third-party related issues, such as compatibility problems with external services, licensing issues in generated code, security vulnerabilities in recommended dependencies, changes in external APIs, or conflicts with other development tools. We also do not accept responsibility for data-related concerns, including loss of prompt history or generated code, unintended data exposure in generated code, training data biases, incorrect handling of sensitive information, or data privacy or compliance issues.
THIS LIST IS NOT EXHAUSTIVE, AND OUR LIMITATION OF LIABILITY EXTENDS TO ALL POSSIBLE ISSUES, WHETHER LISTED HERE OR NOT, ARISING FROM THE USE OF OUR AI-POWERED PLATFORM AND SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY, OR THAT OF OUR SUPPLIERS AND LICENSORS, ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, SERVICES, AND CONTENT (INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY, EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM.
IF YOU RESIDE IN CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE. SOME JURISDICTIONS DO NOT PERMIT LIABILITY LIMITATIONS FOR CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT FULLY APPLY TO YOU.
15. Indemnification
You agree to defend, indemnify, and hold us, along with our officers, directors, employees, agents, licensors, affiliates, and representatives, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with your use of our platform and services, any breach of these Terms, infringement of third-party rights, the creation of applications, websites, or services using our platform, or any content you submit or share through our services.
16. Dispute resolution
16.1 Informal Dispute Resolution
If a dispute arises between you and us, you agree to first contact us in writing, referencing this section and describing the dispute in sufficient detail to allow meaningful discussions ("Dispute Notice"). You agree to make a good-faith effort to resolve the dispute within at least thirty days from the receipt of the Dispute Notice, or a longer period if mutually agreed upon.
16.2 Agreement to Arbitrate
If the dispute remains unresolved after the informal process, it will be referred to binding arbitration, conducted in the British Virgin Islands, in English, and governed by the BVI AIC Rules (the “Rules”) of the BVI International Arbitration Centre for Dispute Resolution (the “BVI AIC”). You and we will try to agree on an arbitrator; if no agreement is reached within 21 days, the BVI AIC will appoint one. This arbitration agreement applies to both parties, but does not govern disputes initiated by us for intellectual property infringement or prevent you from utilizing small claims court where applicable.
The arbitrator's decision will be final and binding. The parties waive the right to appeal or challenge the decision in any jurisdiction. If needed, the judgment may be entered in any court with competent jurisdiction. This arbitration clause prevents any party from initiating or continuing a dispute in court, though we retain the right to seek an injunction to enforce this agreement or prevent breaches. The laws of the British Virgin Islands govern this arbitration agreement, which survives termination of these Terms.
To initiate arbitration, you must send a letter requesting arbitration and describing your claim to: info@chatandbuild.com. Each party will bear its own filing and administrative fees. The arbitrator will have exclusive authority to resolve disputes about the interpretation or enforceability of this arbitration agreement, except for challenges to the "Class Action Waiver" section, which may only be determined by a court.
Any claims must be brought individually, not as part of a class action or other representative proceeding. Both parties waive any ability to maintain a class action in any forum. The arbitrator cannot combine or aggregate claims or award any remedies to parties not involved in the arbitration. If any part of this waiver is found unenforceable, a court of competent jurisdiction will make that determination, not the arbitrator. Both parties acknowledge they are waiving the right to litigate in court, have a judge or jury decide the case, or participate in a class action. If a claim proceeds in court rather than arbitration, both you and we waive the right to a jury trial.
17. Miscellaneous Provisions
Severability. If any term or provision of these Terms is deemed invalid or unenforceable, it will be severed, and the remaining provisions will remain valid and enforceable.
Wavier. Failure or delay by us to exercise or enforce any of our rights under these Terms does not constitute a waiver of those rights.
Assignability. These Terms are personal to you and cannot be assigned, transferred, or sublicensed without our prior written consent.
Notices. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service.
18. Contact Us
If you have any questions or complaints about our Services or these Terms, please email us at  Email: info@chatandbuild.com.
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