Terms of Service

1. Service Description

1.1 Platform Overview

BuildEZ.ai is an artificial intelligence-powered website building platform that enables users to:

• Generate websites using AI technology powered by large language models
• Access a visual drag-and-drop editor for website customization
• Utilize pre-built plugin components and templates
• Deploy and host websites on our infrastructure
• Customize colors, fonts, layouts, and content using AI assistance
• Export and manage website code and assets

1.2 Service Availability

We strive to provide 99.9% uptime but do not guarantee uninterrupted, timely, secure, or error-free service. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, for maintenance, updates, security, or other operational reasons.

1.3 Service Modifications

We may add, change, or remove features, functionality, or pricing at any time. Material changes affecting paid subscriptions will be communicated at least 30 days in advance.

2. Account Registration and Security

2.1 Account Requirements

To access certain features, you must create an account. You must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account, whether authorized or not
• Immediately notifying us of any unauthorized access or security breach
• Using strong passwords and enabling two-factor authentication when available

2.3 Account Restrictions

You may not:

• Share your account credentials with others
• Create multiple accounts to circumvent restrictions or access limitations
• Use another person's account without permission
• Sell, transfer, or sublicense your account to any third party
• Create accounts through automated means or under false pretenses

3. AI-Generated Content and User Content

3.1 Ownership of User Content

You retain all ownership rights to content you create, upload, or generate using the Service ("User Content"), including websites, text, images, code, and other materials. However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and display your User Content solely for the purposes of:

• Providing, maintaining, and improving the Service
• Hosting and displaying your websites
• Creating backups and ensuring data redundancy
• Training and improving our AI models (using anonymized, aggregated data only)
• Complying with legal obligations

3.2 AI-Generated Content

Content generated by our AI technology based on your prompts and inputs is considered User Content owned by you, subject to these Terms. You acknowledge that:

• AI-generated content may not be unique and similar content may be generated for other users
• AI-generated content is provided "as-is" and may require human review and editing
• You are responsible for reviewing and ensuring the accuracy, legality, and appropriateness of all AI-generated content
• We do not guarantee that AI-generated content will be free from errors, inaccuracies, or copyright issues
• You should verify that AI-generated content does not infringe third-party intellectual property rights

3.3 Content Restrictions

You agree not to create, upload, publish, or generate content that:

• Violates any applicable law, regulation, or third-party right
• Infringes intellectual property rights, including copyrights, trademarks, or patents
• Contains malware, viruses, or malicious code
• Is fraudulent, deceptive, misleading, or defamatory
• Contains hate speech, harassment, threats, or promotes violence
• Exploits minors or promotes illegal activities
• Contains adult content, pornography, or sexually explicit material (unless legally permitted and properly age-gated)
• Violates privacy rights or discloses personal information without consent
• Impersonates any person or entity or misrepresents your affiliation
• Promotes pyramid schemes, multi-level marketing, or fraudulent investment opportunities

3.4 Content Monitoring and Removal

While we have no obligation to monitor User Content, we reserve the right to review, monitor, and remove any content that violates these Terms or is otherwise objectionable, without prior notice. We may use automated systems and AI to detect prohibited content.

4. Intellectual Property Rights

4.1 Company Intellectual Property

The Service, including all software, algorithms, AI models, templates, plugins, designs, text, graphics, logos, icons, images, audio clips, and other content (excluding User Content) is owned by FLOWMINDS and protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include the right to:

• Reproduce, distribute, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Access the Service to build a competitive product or service
• Use automated systems (bots, scrapers) to access the Service without permission
• Remove, alter, or obscure any proprietary notices or labels
• Sublicense, resell, or transfer your access rights to third parties

4.3 Trademarks

"BuildEZ.ai", "FLOWMINDS", and associated logos are trademarks of FLOWMINDS. You may not use these trademarks without our prior written consent.

4.4 DMCA and Copyright Infringement

We respect intellectual property rights and expect users to do the same. If you believe your copyrighted work has been infringed, please contact us at info@flowminds.com.au with:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location
• Your contact information (address, phone, email)
• A statement of good faith belief that the use is unauthorized
• A statement of accuracy and authority to act on behalf of the copyright owner
• Your physical or electronic signature

5. Subscription Plans and Payment Terms

5.1 Subscription Plans

We offer various subscription plans with different features, limitations, and pricing. Plan details are available on our website and may include:

• Free tier with limited features and usage
• Paid tiers with enhanced features, increased limits, and priority support
• Enterprise plans with custom pricing and features

5.2 Billing and Payment

By subscribing to a paid plan, you agree to:

• Provide current, complete, and accurate billing and payment information
• Promptly update your payment information if it changes
• Pay all charges at the prices in effect when incurred, including applicable taxes
• Authorize us to charge your payment method on a recurring basis according to your billing cycle

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your plan. We will notify you of any price changes at least 30 days before they take effect.

5.4 Free Trials

We may offer free trials for paid plans. You must provide payment information to start a trial. If you don't cancel before the trial ends, you will be automatically charged for the subscription. We reserve the right to limit trial eligibility and duration.

5.5 Taxes

All fees are exclusive of applicable taxes (including GST, VAT, sales tax). You are responsible for paying all taxes associated with your purchase. If we are required to collect or pay taxes, they will be charged to your payment method.

5.6 Payment Disputes

If you dispute any charge, you must contact us within 30 days at support@flowminds.ai. Failure to notify us within this period constitutes acceptance of all charges.

6. Cancellation, Refunds, and Downgrades

6.1 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support@flowminds.ai. Cancellations take effect at the end of your current billing period. You will retain access to paid features until the end of the paid period. No partial refunds will be provided for the remaining time in your billing cycle.

6.2 Refund Policy

We offer a 14-day money-back guarantee for first-time subscribers to paid plans. To request a refund, contact support@flowminds.ai within 14 days of your initial purchase. Refunds are:

• Only available for the first payment of a new subscription
• Not available for renewal payments or subsequent billing cycles
• Not available if your account has been terminated for Terms violations
• Processed to the original payment method within 10-14 business days
• Subject to our discretion in cases of abuse or fraud

6.3 Downgrades

If you downgrade to a lower-tier plan, the change takes effect at the start of your next billing cycle. No refunds or credits will be provided for the difference. If your usage exceeds the limits of your new plan, you may lose access to certain features or content.

7. Acceptable Use Policy

In addition to content restrictions, you agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Interfere with or disrupt the Service, servers, or networks
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to transmit spam, phishing attempts, or malicious content
• Engage in any activity that could damage, disable, or impair the Service
• Circumvent any security features or access controls
• Use the Service to mine cryptocurrency or perform distributed computing
• Probe, scan, or test the vulnerability of the Service
• Forge headers or manipulate identifiers to disguise the origin of content
• Use the Service in any manner that could interfere with other users' enjoyment
• Collect or harvest personal information about other users
• Use automated systems to access the Service excessively or abusively

8. Third-Party Services and Links

8.1 Third-Party Integrations

The Service may integrate with or contain links to third-party services, including:

• AI providers (Anthropic Claude)
• Payment processors
• Cloud hosting services
• Analytics and tracking services
• External APIs and services

We are not responsible for third-party services, their content, privacy practices, or terms. Your use of third-party services is subject to their respective terms and policies.

8.2 Third-Party Content

The Service may display or link to third-party content. We do not endorse, warrant, or assume responsibility for any third-party content, products, or services.

9. Disclaimers and Warranties

9.1 "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 No Warranty of Accuracy

We do not warrant that:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• AI-generated content will be accurate, complete, reliable, or suitable for your purposes
• Any errors or defects will be corrected
• The Service will be free from viruses or harmful components
• Results obtained from the Service will be accurate or reliable

9.3 AI Limitations

You acknowledge that AI technology has inherent limitations and may produce:

• Inaccurate, incomplete, or nonsensical content
• Content that appears plausible but is factually incorrect
• Biased or inappropriate content
• Content that may infringe third-party rights

You are solely responsible for reviewing, verifying, and using AI-generated content appropriately.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWMINDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Loss of goodwill or reputation
• Cost of substitute goods or services
• Business interruption or downtime
• Personal injury or property damage
• Unauthorized access to or alteration of your content
• Statements or conduct of any third party
• Any other matter relating to the Service

10.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) AUD $100.

10.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, right, or remedy implied or imposed by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified. If the Australian Consumer Law or any other applicable law implies a guarantee, warranty, term, or condition into these Terms, our liability for breach of such guarantee, warranty, term, or condition is limited to, at our option:

• In the case of services: re-supplying the services or paying the cost of having the services re-supplied
• In the case of goods: replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of having the goods repaired or replaced

11. Indemnification

You agree to indemnify, defend, and hold harmless FLOWMINDS, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Service
• Your breach of these Terms or any applicable law
• Your User Content, including any infringement of third-party rights
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any dispute between you and any third party
• Your negligence or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

12. Term and Termination

12.1 Term

These Terms commence when you first access the Service and continue until terminated by either party.

12.2 Termination by You

You may terminate these Terms at any time by:

• Canceling your subscription through your account settings
• Deleting your account
• Ceasing all use of the Service

12.3 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Violation of applicable laws or regulations
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Requests by law enforcement or government agencies
• Unexpected technical or security issues
• Discontinuation or material modification of the Service

12.4 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• We may delete your account and User Content after 90 days
• You remain liable for all charges incurred prior to termination
• Sections of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

12.5 Data Export

Before termination, you should export any User Content you wish to retain. We are not obligated to store or provide access to your User Content after termination.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before filing a claim, you agree to contact us at info@flowminds.com.au and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations for at least 30 days.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and the State of Victoria, without regard to conflict of law principles.

13.3 Jurisdiction

Subject to the arbitration provisions below, you agree to submit to the exclusive jurisdiction of the courts located in Melbourne, Victoria, Australia for the resolution of any disputes.

13.4 Arbitration Agreement

For disputes that cannot be resolved informally, you and FLOWMINDS agree to resolve any claims through final and binding arbitration, except as set forth below. The arbitration will be conducted under the Australian Disputes Centre (ADC) Arbitration Rules.

13.5 Class Action Waiver

YOU AND FLOWMINDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.6 Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in court to protect intellectual property rights without first engaging in arbitration.

14. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at /privacy to understand how we collect, use, and protect your personal information.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you via email or through the Service at least 30 days before changes take effect
• Provide a summary of material changes

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and cancel your account.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and FLOWMINDS regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and FLOWMINDS as a result of these Terms or your use of the Service.

16.7 Notices

We may provide notices to you via email, regular mail, or postings on the Service. Notices to us should be sent to info@flowminds.com.au or the postal address listed below.

16.8 Export Controls

The Service may be subject to export control laws. You agree to comply with all applicable export and import control laws and regulations.

16.9 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict, the English version shall prevail.

17. Contact Information

If you have any questions, concerns, or complaints about these Terms, please contact us: