canibuild Software Service Terms of Use
LAST UPDATED: January 20, 2025
These Terms of Use (Terms of Use) are entered into between Canibuild, LLC, a Delaware limited liability company (we, us, our and other similar expressions) and the Customer (you, your or other similar expressions).
Your use of and access to canibuild is subject to these Terms of Use. By clicking the “Sign in” button to access canibuild, you indicate that you agree to these Terms of Use.
BY PURCHASING A SUBSCRIPTION, YOU WILL CONTINUE TO BE CHARGED THE RECURRING SUBSCRIPTION FEE FOR YOUR SUBSCRIPTION UNLESS YOU CANCEL YOUR SUBSCRIPTION AS DESCRIBED IN CLAUSE 28. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME LENGTH AS THE PERIOD YOU ORIGINALLY SELECTED FOR YOUR SUBSCRIPTION UNTIL CANCELLED BY YOU AS DESCRIBED IN CLAUSE 28.
1. Definitions and interpretation
1.1. In these Terms of Use, the following definitions apply:
Additional Services means any service provided to you in addition to your access to and use of canibuild, including any consulting services or training.
Administrator means a natural person who is authorized by you to access and use canibuild under your customer account and who is nominated by you as an Authorized User with manager access during your registration for a Subscription or otherwise during your Subscription. The number of Administrators you are entitled to appoint may vary between Subscription options.
Authorized User means a natural person invited by us or an Administrator to access and use canibuild under your customer account. The number of Authorized Users you are entitled to appoint may vary between Subscription options.
canibuild means the software platform and all canibuild Leadconverter Widgets located at the canibuild.com website, app.canibuild.com application, and various third party websites, which collects and processes the Customer Supplied Data and the canibuild Data to provide Outputs used for the planning, architecture, engineering and construction industries.
canibuild Data means:
(a) the raw data which is input into canibuild by us or by third party service providers (but excluding the Customer Supplied Data); and
(b) Outputs.
canibuild Leadconverter Widget means the limited version of canibuild available in a widget form which is embedded directly into your webpage or other host software.
Confidential Information of a party is information of a party or its customers which the party identifies as confidential or which would reasonably be regarded as confidential and includes without limitation information relating to the party’s Intellectual Property Rights, organizational structure, financial position, personnel, policies and business strategies.
Content means all content available on or accessible from canibuild and includes the canibuild Data.
Customer means the party whose details have been entered as the ‘user’ during the registration process for canibuild and, if that party is a company, then any parent company of that party and each subsidiary of that party (being an entity in which the party holds at least 50% of the ordinary shares) as may be notified by the party to us, and only for so long as the parent company or subsidiary remains a parent company or subsidiary of the party.
Customer Supplied Data means any data or information, excluding the canibuild Data, which you input into canibuild through your account or otherwise provide to us to input into canibuild (including any adjustments to that data or information that we are required to undertake before that data or information can be input into canibuild).
Device means any hardware used to access canibuild.
Fair Use Policy means our fair use policy located here: [Annexure A].
Force Majeure means any event or circumstance beyond the reasonable control of a party.
In-App Purchases has the meaning given to that term in clause 8.1.
Intellectual Property Rights means all present and future intellectual or proprietary rights conferred by statute, at common law or in equity anywhere in the world, whether issued or pending, registered or unregistered, including all forms of copyright, patents, trademarks, designs, trade secrets, know-how, confidential information and circuit layouts.
Month has the meaning given to that term in clause 12.2(a).
Output means information, data, graphics, and any other material generated by canibuild after receiving and processing the canibuild Data and the Customer Supplied Data.
Purpose means for planning, design and building purposes including the purposes set out at https://canibuild.com/en-us/features.
Subscription means your subscription to canibuild.
Subscription Fees means the service fee payable by you for the Subscription you choose.
1.2. In these Terms of Use, unless the context otherwise requires:
(a) words denoting any gender include all genders;
(b) headings are for convenience only and do not affect interpretation;
(c) the singular includes the plural and vice versa;
(d) any schedule or annexure attached to these Terms of Use forms part of them;
(e) a reference to a party includes its legal personal representatives, successors and permitted assigns;
(f) a reference to a person includes a corporation, limited liability company, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
(g) a reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(h) unless expressly stated to be otherwise, the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar inclusive expressions; and
(i) a reference to these Terms of Use means this document and includes any variation or replacement of this document.
2. Acceptance of these Terms of Use
2.1. These Terms of Use apply to your use of and access to canibuild from the date you first accept these Terms of Use and continue until terminated in accordance with clause 26. Before you use canibuild, it is important that you read, understand, and agree to these Terms of Use.
2.2. You must not use canibuild if you are not of a legal age or capacity to form a binding contract with us.
3. Right to use canibuild
3.1. Subject to our acceptance of your online registration, for provision of canibuild and your payment of the relevant Subscription Fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use canibuild for the Purpose on the terms set out in these Terms of Use and our online registration form.
4. Access Credentials
4.1. We will provide each Administrator with a username and password, which will enable that Administrator to access and use canibuild on your behalf. Each Administrator must select his or her own username and password at the time of first use of canibuild. You can add, remove, or replace Administrators through your account with canibuild.
4.2. canibuild allows each Administrator to invite other persons (i.e. an Authorized User) to access and use canibuild under your customer account. An Authorized User must be your employee or contractor.
4.3. An Administrator inviting another person to use your customer account will constitute authorization of that other person by you to use your account. A username, linked to your account, will be created for each new or additional Authorized User and provided directly to each Authorized User. Each Authorized User must select his or her own username and password at the time of first use of canibuild.
4.4. You must:
(a) ensure that each Administrator and Authorized User keeps his or her username and password confidential and does not disclose it to any other person (and in order to improve the security of their account, amends his or her password from time to time);
(b) ensure that you can identify and manage each Authorized User entrusted with a username and password combination for your customer account;
(c) refrain from authorizing anyone to use your customer account who is not either employed by you or under contract with you to perform functions similar to those commonly performed by employees;
(d) notify us of the names of each Authorized User if requested by us; and
(e) immediately notify us of any unauthorized use of your password or account or any other breach of security.
4.5. You are responsible for:
(a) authorizing any person who is given access to canibuild using your customer account and to the Customer Supplied Data and canibuild Data;
(b) all activities that occur under your account, including all fees and charges in connection with that use; and
(c) providing, installing, and maintaining at your own expense, including data charges associated with your use of Devices, all equipment and facilities necessary to enable you to use canibuild.
4.6. You agree that we have no obligation to provide any person access to canibuild through your customer account or to the canibuild Data without your authorization.
5. Your use of canibuild
5.1. You must ensure that your access and use of canibuild is not illegal or prohibited by laws that apply to you.
5.2. You must not, nor cause or permit a third party to:
(a) breach our Fair Use Policy;
(b) use canibuild in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s Intellectual Property Rights, or which restricts or interferes with our provision of canibuild to any other customers or users;
(c) reverse engineer, reverse assemble, reverse compile, copy, duplicate, modify, make derivative works of, or re-sell all or part of canibuild (or any of our Intellectual Property Rights in canibuild);
(d) enter into any transaction relating to:
(i) access or use of canibuild;
(ii) any part of your customer account information or access credentials; or
(iii) any of our Intellectual Property Rights in canibuild,
with anyone other than us, without our written consent;
(e) gain or attempt to gain unauthorized access to canibuild, computer systems or networks connected to canibuild, including through hacking, password mining or any other means; or
(f) use data mining, robots, screen scraping or similar data gathering and extraction tools on canibuild for establishing, maintaining, advancing, or reproducing information contained in canibuild, on your own website or in any other publication, or for your own personal use or benefit (other than as expressly set out in these Terms of Use), except with our prior written consent.
5.3. You will indemnify, defend and hold us and our affiliates, representatives, successors and assigns, including their applicable officers, directors, employees and agents, harmless in relation to any loss, claim or damage in connection with any claim by a third party related to the canibuild Data, your Customer Supplied Data, or any of your users’, whether or not an Authorized User, use of canibuild where such use is not authorized by these Terms of Use.
6. Subscription and Automatic Renewal
6.1. There are different Subscription plans for canibuild, with different inclusions and pricing, details of which are available at https://canibuild.com/en-us/pricing. At your request, we may customize your Subscription plan to best cater for your specific business requirements.
6.2. Among other features, your Subscription plan will entitle you to a specific number of ‘address lookups’ per Month. This number is based on the number of searches of distinct addresses. Therefore, provided that you comply with our Fair Use Policy, you may search a distinct address multiple times in one Month without each additional search of that address counting towards the Month’s allocated number of ‘address lookups’. However, a search for that same address in the following Month will count as one ‘address lookup’ in that following Month.
6.3. If you require any further customization of canibuild for your specific needs, you may request us to provide Additional Services in accordance with clause 9.
BY ENTERING INTO THESE TERMS OF USE AND PURCHASING A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OF YOUR SUBSCRIPTION. DURING YOUR SUBSCRIPTION, YOU AUTHORIZE US TO SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE US WITH NOTICE THAT YOU WISH TO CANCEL YOUR SUBSCRIPTION, TERMINATE THIS AUTHORIZATION, OR CHANGE YOUR PAYMENT METHOD BY EMAILING US AT SUPPORT@CANIBUILD.COM OR BY GOING TO THE SUBMIT A SUPPORT TICKET PAGE ON THE CANIBUIILD WEBSITE AND SELECTING THE “SUBSCRIPTION CANCELLATION REQUEST” OPTION. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT PROVIDER EACH SUBSCRIPTION PERIOD UNTIL YOU CANCEL YOUR SUBSCRIPTION. FOR ANY GIVEN SUBSCRIPTION PERIOD, IF WE DO NOT RECEIVE PAYMENT FROM YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON DEMAND, AND (B) YOU AGREE THAT WE MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL PAYMENT IS RECEIVED.
7. Data
7.1. Subject to clauses 7.6 and 7.7, the Customer Supplied Data and any Outputs generated, belong to you.
7.2. You are responsible for any Customer Supplied Data and where any Customer Supplied Data includes any personally identifiable information, you must ensure that processing of any Customer Supplied Data conducted according to your instructions will not place us in breach of any laws (including applicable data protection or privacy laws).
7.3. You warrant that:
(a) you have obtained all consents necessary to collect, store, disclose, use and transfer any Customer Supplied Data, including any personally identifiable information included in it;
(b) the Customer Supplied Data will:
(i) not violate or infringe the rights (including Intellectual Property Rights) of any other person;
(ii) not contain a virus or other harmful component; and
(iii) comply with any guidelines we notify to you from time to time on this website.
7.4. You are responsible for and must adopt reasonable measures to limit your exposure to the potential loss and damage of the canibuild Data and Customer Supplied Data, including downloading and backing up your canibuild Data and Customer Supplied Data. We expressly exclude liability for any loss of canibuild Data and Customer Supplied Data no matter how caused.
7.5. You acknowledge that canibuild is dependent on the quality and amount of Customer Supplied Data and may not function properly or provide Outputs if the Customer Supplied Data is not of a quality or condition suitable for processing based on our applicable standards, specifications and procedures or is otherwise not in the format we require.
7.6. You acknowledge that we may use the data and information derived from the canibuild Data and Customer Supplied Data to produce a compilation of aggregated data and information for use in enhancing the functionality of canibuild. We will ensure that any personally identifiable information disclosed by you to us cannot be ascertained from the aggregated data and information.
7.7. You agree that we may, at our sole discretion, disclose, transfer, and store the canibuild Data and Customer Supplied Data, including personally identifiable information, to or with our third-party service providers and affiliates outside the United States for the purpose of providing canibuild or any part of it. The jurisdictions in which those data transfers may occur are included in our Privacy Policy available at https://canibuild.com/en-us/privacy-policy . You consent to us providing personally identifiable information to those third-party service providers and affiliates in those jurisdictions and (before submitting any Customer Supplied Data to us) are solely responsible for ensuring that any disclosure, transfer, or storage of Customer Supplied Data, including personally identifiable information, across a country border under these Terms of Use complies with applicable data protection and privacy laws.
8. In-App Purchases
8.1. You may purchase products from third parties through canibuild (In-App Purchases). While we help facilitate these In-App Purchases we are neither the buyer nor the seller of the third-party products available for purchase (Third-Party Products). Accordingly, the contract formed at the completion of an In-App Purchase is solely between you and that seller from whom you have acquired the Third-Party Product. We are not a party to this contract nor assume any responsibility arising out of or in connection with it and we only act as a payment processor for the seller to the extent that we process payments for In-App Purchases, not in any other capacity. The seller from whom you acquire the Third-Party Product is responsible for the In-App Purchase and any claims or issues that you may have arising out of or in connection with that In-App Purchase.
9. Additional services
9.1. You may ask us to provide Additional Services to you. If we agree to provide Additional Services to you, we may charge you for providing the Additional Services at our prevailing rates for those services as notified by us to you.
10. Viruses
10.1. You must take your own precautions to ensure that the process which you use for accessing canibuild does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
10.2. We do not accept responsibility for any interference or damage to your own Device or computer system which arises in connection with your use of canibuild or any linked website or service.
11. Service Availability
11.1. While we intend to use reasonable endeavors to make canibuild available for your use on a 24 hour a day, seven days a week basis, you expressly acknowledge and agree that service continuity is not assured and that canibuild is provided on an ‘as is’ basis. In particular, you agree that on occasions canibuild may be unavailable or have limited availability including, without limitation:
(a) to permit routine or emergency maintenance to take place;
(b) to permit upgrades or other development activity to take place;
(c) due to technical malfunctions of Customer’s software, equipment or infrastructure (e.g. telecommunications connectivity, network congestion or delays); or
(d) due to a Force Majeure event.
11.2. In the case of technical problems which adversely affect your use of canibuild, you must make all reasonable efforts to investigate and diagnose problems before contacting us. If you still need technical help, you must notify us promptly via email at support@canibuild.com.
11.3. We may temporarily limit or suspend the availability of all or part of canibuild if it is necessary for reasons of public safety, security or maintenance of canibuild, interoperability of services, data protection or to perform work that is necessary for operational or technical reasons.
12. Fees, Payment and Free Trial/Promotional Rate
12.1. You agree to pay us the Subscription Fees for the Subscription you choose. Your Subscription billing term will be on a monthly or annual basis, depending on which Subscription you purchase.
12.2. If your Subscription has a monthly billing term:
(a) You will be charged a pro rata portion of your Subscription Fee for the first month based on the date you purchased your Subscription through the end of that month, and thereafter, we will send you an invoice at the start of (1) each calendar month or (2) each 30-day period, or (3) some other recurring interval disclosed to you prior to your purchase, for your access to canibuild for the month (together, Month); and
(b) the Subscription Fees for the Subscription you choose will be billed from your account on the first day of the Month (or in the case of partial Month, the date you purchase your Subscription), through a third-party payment platform, unless otherwise agreed in writing.
(c) Your Subscription will be auto-renewed for another Subscription period at the end of each Month, unless canibuild receives a written notice 30 days prior to any renewal term.
12.3. If your Subscription has a yearly billing term:
(a) You will be charged your Subscription Fee for the first year, commencing on the later to occur of (1) the date you purchased your Subscription, or (2) the date any free trial period has ended. Your Subscription will continue until the end of that 12-month period, and you will be charged your Subscription Fee for successive periods of 12 months each thereafter until terminated as provided herein. We will send you an invoice at the start of each 12-month period for your access to canibuild for the year (together, Year), and
(b) the Subscription Fees for the Subscription you choose will be billed from your account on the first day of the Year, through a third-party payment platform, unless otherwise agreed in writing, and
(c) Your Subscription will be auto-renewed for Subscription period at the end of each Year, unless canibuild receives a written notice 30 days prior to any renewal term.
12.4. We may change the Subscription Fees or the costs for any In-App Purchases by giving you 30 days’ notice of the change.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL YOUR SUBSCRIPTION AND YOU WILL AUTOMATICALLY BE CHARGED BY YOUR PREFERRED PAYMENT METHOD BEGINNING WHEN YOU PURCHASE THE SUBSCRIPTION AND THEN EVERY SUBSCRIPTION PERIOD UNTIL YOU CANCEL YOUR SUBSCRIPTION. THE RECURRING SUBSCRIPTION FEE WILL BE AUTOMATICALLY DEDUCTED FROM YOUR PREFERRED PAYMENT METHOD EVERY SUBSCRIPTION PERIOD UNTIL YOU CANCEL YOUR SUBSCRIPTION. TO CANCEL YOUR SUBSCRIPTION EMAIL SUPPORT@CANIBUILD.COM OR GO TO THE SUBMIT A SUPPORT TICKET PAGE ON THE CANIBUIILD WEBSITE AND SELECT THE “SUBSCRIPTION CANCELLATION REQUEST” OPTION. YOU ACKNOWLEDGE AND AGREE THAT YOUR CANCELLATION WILL NOT BE EFFECTIVE UNTIL THE SUBSCRIPTION PERIOD AFTER YOU ELECT TO CANCEL YOUR SUBSCRIPTION AND THAT THERE ARE NO REFUNDS AVAILABLE FOR CANCELLATIONS WITHIN THE CURRENT SUBSCRIPTION PERIOD FOR WHICH PAYMENT HAS ALREADY BEEN MADE.
Your Subscription may begin with a free trial or at a promotional rate. YOU MAY CANCEL YOUR SUBSCRIPTION ANY TIME BEFORE THE END OF YOUR FREE TRIAL OR THE PROMOTIONAL PERIOD BY EMAILING YOUR REQUEST TO CANCEL TO SUPPORT@CANIBUILD.COM OR BY GOING TO THE SUBMIT A SUPPORT TICKET PAGE ON THE CANIBUIILD WEBSITE AND SELECTING THE “SUBSCRIPTION CANCELLATION REQUEST” OPTION. IF YOU CHOOSE TO CONTINUE YOUR SUBSCRIPTION AFTER THE END OF YOUR FREE TRIAL OR THE PROMOTIONAL PERIOD, YOUR FIRST PAYMENT WILL BE CHARGED AT THE THEN-CURRENT NON-PROMOTIONAL RATE AS PROVIDED ON THE PRICING PAGE OF OUR SITE. AFTER THE END OF YOUR FREE TRIAL OR PROMOTIONAL PERIOD YOU MAY CANCEL YOUR SUBSCRIPTION BY EMAILING YOUR REQUEST TO CANCEL TO SUPPORT@CANIBUILD.COM OR BY GOING TO THE SUBMIT A SUPPORT TICKET PAGE ON THE CANIBUIILD WEBSITE AND SELECTING THE “SUBSCRIPTION CANCELLATION REQUEST” OPTION.
13. Failure to pay
13.1. If you fail to pay any amount due under these Terms of Use by the due date, then:
(a) all money owing to us by you, including all the Subscription Fees for your Subscription, becomes immediately payable;
(b) we may suspend your access to canibuild and may charge a reactivation fee to reactivate your customer account; and
(c) you must pay all reasonable expenses incurred by us in enforcing these Terms of Use, including all expenses of any legal proceeding and all reasonable legal fees incurred in connection with any such action.
14. Taxes
14.1. You must reimburse us for all sales, use, VAT, transfer, excise or other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of the transactions contemplated under these Terms of Use, excluding, however, income taxes on profits which may be levied against us.
15. Intellectual Property Rights
15.1. Except for the limited license to access and use canibuild under clause 3, all ideas, concepts, know-how, data processing techniques, data compilations, software, documentation, trademarks, trade secrets, copyright and inventions and other Intellectual Property Rights comprised in or in connection with canibuild (including its underlying technology, software, programs, as well as all its respective modifications, developments, updates and enhancements) are owned by us or our licensors. You agree that no transfer of our (or our licensors’) Intellectual Property Rights occurs at any time by your (or your users’) access or use of canibuild.
15.2. You do not own or use and must not claim any right or title to own or use, the Intellectual Property Rights in canibuild, except to the extent such use is permitted under these Terms of Use. You must not dispute or challenge our (or our licensors’) entitlement to own, use or license the Intellectual Property Rights in canibuild (including its underlying technology, software, programs, as well as all its respective modifications, developments, updates and enhancements) or join any third parties to challenge or contest the validity of those Intellectual Property Rights.
15.3. You agree to notify us promptly of any infringement, or suspected or threatened infringement, of the Intellectual Property Rights in canibuild and reasonably co-operate with us in relation to such infringement.
15.4 We reserve the right to terminate your access to canibuild where you infringe upon third-party copyrights. If you believe content posted on canibuild infringes upon your copyright, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on canibuild of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence regarding notice of claims of copyright infringement should be sent to our copyright agent at Canibuild, LLC, 4900 California Avenue, Bakersfield, California, 93309.
16. Confidentiality
16.1. Each party must not without the written consent of the other:
(a) use any Confidential Information of the other party, except in performing its obligations under these Terms of Use; or
(b) disclose any Confidential Information of the other party to any person except to its approved employees, officers, directors and other representatives, who need to review the Confidential information in connection with performance under these Terms of Use, and then only to those who need to know the same and who agree to be bound by similar obligations of confidentiality. Despite the foregoing, we may disclose certain Confidential Information of yours to our third party suppliers, subject to the obligation of confidentiality, as necessary to (i) provide you with canibuild or obtain support for canibuild, (ii) obtain information specifically requested by you, (iii) perform back-office functions or administrative services, or (iv) as necessary to comply with legal and/or accounting requirements.
16.2. Clause 16.1 does not apply where:
(a) disclosure is required by law or required to respond to requests by a regulatory or judicial body;
(b) the Confidential Information is in the public domain through no fault or action of the recipient, its employees or subcontractors; and
(c) the Confidential Information was received by the recipient on a non-confidential basis from a third party who is not prohibited from disclosing it.
16.3. These obligations of confidentiality survive termination of these Terms of Use.
17. Privacy
17.1. We will comply with the terms of our Privacy Policy which may be accessed here: https://canibuild.com/en-us/privacy-policy .
18. Indemnity
18.1. You agree to indemnify, defend and hold harmless us and our officers, agents and employees against any loss, damage, costs or expenses that we, or any of our officers, agents and employees, may incur in connection with your breach of these Terms of Use or any other legal obligation, your use of canibuild or any use of canibuild using an account registered in your name.
18.2. Each indemnity in these terms:
(a) is a continuing obligation, separate and independent from the other obligations of the parties;
(b) will not be affected by any matter including without limitation, the termination, renewal or extension of these Terms of Use or any indulgence, waiver or other concession given by us unless we agree in writing; and
(c) includes legal costs and disbursements on a full indemnity basis.
18.3. It is not necessary for us to incur expense or to make any payment before enforcing the right of indemnity conferred by this clause.
18.4. You must pay on demand any amount you must pay under the indemnity in this clause.
19. Force Majeure
19.1. You acknowledge that making canibuild available for access is dependent on a number of factors outside our control, including for example, the telecommunication connections and infrastructure, pandemics or epidemics.
19.2. Except for any payment obligations of you, neither party is liable for any delay or failure to perform any of its obligations under these Terms of Use to the extent that the delay or failure is caused by reason of Force Majeure.
20. Accuracy of Content
20.1. All Content is provided by us or by others in good faith. You accept that the Content provided by us is general information and is not advice. We have derived the Content from sources which we believe to be accurate and up-to-date as at the date of publication.
20.2. We make no representation about the accuracy, completeness or usefulness of the Content or its fitness for any particular purposes, nor do we undertake to keep canibuild or its Content up-to-date. This applies to Content provided by us and to Content provided by others.
20.3. You must evaluate, and bear all risks associated with the use of Content, whether provided by us or by others, including your reliance on the accuracy, completeness or usefulness of it. By using canibuild, you agree that neither we nor our officers, employees and agents are responsible for:
(a) the accuracy of the content displayed on or omitted from canibuild;
(b) any person’s reliance on content available on or omitted from canibuild; or
(c) any loss in connection with the use of canibuild.
20.4. You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any Content, whether provided by us or by others.
21. Linked sites
21.1. canibuild may link to other websites or software services over which we have no control (Third-Party Sites). Those links are provided for convenience only and may not remain current or be maintained.
21.2. We are not responsible for any activity that occurs on a Third-Party Site including but not limited to the purchase of any items through that Third-Party Site.
21.3. We do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made on those Third-Party Sites. We are not liable for, and make no representations about the accuracy of, content on those Third-Party Sites.
22. Warranties
22.1. Each party represents and warrants to the other that:
(a) it has the power and authority to enter into and perform its obligations under these Terms of Use;
(b) it has taken all necessary steps, including any corporate action necessary if it is an entity, to authorize its entry into and performance of all of its obligations under these Terms of Use and to carry out the transactions contemplated by these Terms of Use.
23. Disclaimer
23.1. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF CANIBUILD. CANIBUILD, OUTPUTS AND ALL DATA AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH CANIBUILD OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (1) THE INFORMATION ON CANIBUILD IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON CANIBUILD WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED, OR THAT CANIBUILD IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE QUALITY OF ANY SERVICE, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US WILL MEET YOUR EXPECTATIONS.
24. Limitation of liability
24.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (INCLUDING, BUT NOT LIMITED TO, OUR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, IN NO EVENT SHALL WE BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE CANIBUILD, OR THE ORDERING, RECEIPT, OR USE OF ANY SERVICES, OR OTHERWISE RELATED TO THESE TERMS OF USE (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US OR FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO US BY YOU DURING THE THIRTY (30) DAY PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS SET FORTH IN THIS CLAUSE SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW OR JURISDICTION.
25. Suspension
25.1. We may without notice suspend your access to canibuild if:
(a) you (or your Administrators or any of your Authorized Users) breach these Terms of Use; or
(b) we reasonably believe that your access and use of canibuild will cause technical incapacity to canibuild which will continue unless access or use is suspended.
25.2. We will act promptly to restore access when it is satisfied that the reason for suspension has been removed.
25.3. If within 30 days of suspension under clause 25.1 we are not reasonably satisfied that the reason for suspension has been removed, we may terminate your Subscription to canibuild upon written notice.
26. Termination
26.1. Without prejudice to any other rights or remedies, either party may terminate these Terms of Use by giving the other party written notice of termination.
27. Effects of termination
27.1. On termination of these Terms of Use for any reason, you must:
(a) immediately cease accessing and using canibuild; and
(b) immediately pay any and all outstanding invoices or any charges or Subscription Fees incurred as a result of your access and use of canibuild before the date of termination.
27.2. Subject to clause 27.1(b), if you have paid for a yearly Subscription and these Terms of Use are terminated before that Year has expired in full, you will not be entitled for any reimbursements or refunds. Termination of these Terms of Use does not affect any accrued rights or liabilities of any party under these Terms of Use, nor does it affect any provision of these Terms of Use which is expressly or by implication intended to operate after termination.
28. Cancellation Policy.
IF YOU PURCHASED A SUBSCRIPTION, YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING SUPPORT@CANIBUILD.COM OR BY GOING TO THE SUBMIT A SUPPORT TICKET PAGE ON THE CANIBUIILD WEBSITE AND SELECTING THE “SUBSCRIPTION CANCELLATION REQUEST” OPTION WITH YOUR REQUEST TO CANCEL YOUR SUBSCRIPTION. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION 30 DAYS PRIOR TO THE END OF A GIVEN SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL CONTINUE FOR THE NEXT SUBSCRIPTION PERIOD AND YOU WILL BE CHARGED THE RECURRING SUBSCRIPTION FEE FOR THE NEXT SUBSCRIPTION PERIOD.
28.1. For all non-Subscription purchases, this cancellation policy governs the cancellation of orders placed on our online marketplace platform ("Marketplace"). By using the Marketplace and placing an order, you agree to abide by this cancellation policy.
28.2. Cancellation Admin Fee:
(a) When you request to cancel an order within the Marketplace, you shall be liable for a cancellation administration fee ("Cancellation Fee").
(b) The Cancellation Fee is fixed at $200.00 USD or the total value of the order, whichever amount is greater. This fee will be charged to you upon the cancellation of the order.
(c) The Cancellation Fee is designed to compensate us for the administrative costs associated with processing order cancellations.
28.3. Additional Charges:
(a) In addition to the Cancellation Fee, you may also be subject to additional charges.
(b) These additional charges shall cover any work that has already been carried out or expenses incurred up to the date of cancellation.
(c) The determination of these additional charges shall be made at the sole discretion of us.
(d) We will provide you with a clear breakdown of these additional charges upon request.
28.4. Cancellation Process:
(a) You may initiate the cancellation process by contacting us through the designated channels provided within canibuild.
(b) You will confirm the cancellation and outline any applicable charges in a timely manner.
(c) You are encouraged to review the details of the cancellation and any associated fees carefully before finalizing the cancellation.
This cancellation policy is designed to ensure fairness and transparency in the cancellation process for orders placed within the Marketplace. You are advised to thoroughly review this cancellation policy before placing an order within the Marketplace. If you have any questions or concerns regarding this cancellation policy, they may contact our customer support for assistance.
29. Notices
29.1. Notices given under these Terms of Use must be in writing and delivered to a party by email to that party’s address shown below or to an alternate address notified to the party giving the notice. Your address for delivery of a notice is the address notified to us when you register to use canibuild. Our address for delivery of a notice is:
canibuild, LLC
4900 California Avenue
Bakersfield, California, 93309
Email: support@canibuild.com
29.2. A notice is taken to be duly given and received if delivered by email, within 2 hours of sending, unless the sending party receives a delivery failure notice from their ISP or the recipient’s systems.
30. Changes to Terms of Use
30.1. We may amend or update these Terms of Use from time to time.
30.2. If any change to these Terms of Use will significantly affect the provision of canibuild we will give you at least 30 days’ notice of the change by email and/or via an in-app notification.
30.3. If you do not agree to any change to these Terms of Use, you can terminate your Subscription to canibuild by giving us at least 30 days’ written notice after receipt of the notice described in clause 30.2.
30.4. You agree:
(a) to periodically check our website to ensure that you understand the requirements of the current Terms of Use; and
(b) that your continued use of canibuild will represent an agreement by you to be bound by the Terms of Use as amended.
31. General
31.1. These Terms of Use together with your online registration constitute the entire understanding between the parties and supersedes all previous and contemporaneous communications, representations, or agreements with respect to your access and use of canibuild.
31.2. No failure or delay of either party in exercising any right, power, or privilege under these Terms of Use (and no course of dealing between the parties) operates as a waiver of any such right, power of privilege. No waiver of any default on any one occasion constitutes a waiver of any subsequent default. No single or partial exercise of any right, power, or privilege precludes the further or full exercise of such right, power or privilege.
31.3. If any provision of these Terms of Use is held to be unenforceable, the parties agree to substitute the affected provision with an enforceable provision that approximates the intent and economic effect of the affected provision.
31.4. If any one or more of the provisions of these Terms of Use are for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction or a panel of arbitrators, the remaining provisions of these Terms of Use will be unimpaired and will remain in full force and effect.
31.5. Each party must do everything reasonably required by the other to give full effect to these Terms of Use.
31.6. These Terms of Use and all matters regarding the interpretation and/or enforcement of these Terms of Use, are governed exclusively by the laws in force in the State of Delaware and the parties submit to the non-exclusive jurisdiction of the courts of the State of Delaware.
canibuild Contact. You can contact us with any questions or concerns at: Canibuild, LLC, 4900 California Avenue, Bakersfield, California, 93309, or by emailing support@canibuild.com.
Annexure A
FAIR USE POLICY
General
1. It is important to canibuild that all customers can access canibuild app. Hence, we have created a Fair Use Policy that applies to the data usage of the canibuild platform (app.canibuild.com).
2. In this Fair Use Policy:
a. Excessive Use mean - a continuing and unreasonably disproportionate use of the Products and Services when compared to other customers
b. canibuild, we, us, or our means canibuild, LLC.
c. canibuild app, canibuild platform means “app.canibuild.com”.
d. Products and Services mean access to the canibuild app
e. You or Your means any customer of canibuild.
f. Your Agreement means your agreement to the “Terms of Use” as explained in “https://canibuild.com/en-us/terms-conditions” and/or any custom/enterprise agreement signed with canibuild
g. Unreasonable Use has the meaning given to that term in clauses 5 and 6 of this Policy.
3. We reserve the right to modify the terms of this Fair Use Policy at any time with or without notice.
4. This Fair Use Policy is in addition to “Your Agreement” and in the event of any inconsistency between the terms of this Fair Use Policy and the terms and conditions of “Your Agreement”, the terms of “Your Agreement” prevails.
Unreasonable Use
5. We consider Your use of the canibuild app unreasonable where You use it in a manner which is reasonably considered by canibuild to be fraudulent use, to be contrary to “Your Agreement” or to adversely affect other customers’ use of or access to the Products and Services.
6. Among other things, “fraudulent use” includes resupply of the Products and Services without canibuild’s consent so that someone else may access or use the Products and Services or take advantage of the Products and Services.
canibuild’s Rights
7. Where Your use of the canibuild app (app.canibuild.com) constitutes Unreasonable Use and/or Excessive Use, canibuild may contact You to discuss changing Your usage pattern so that it conforms with this Fair Use Policy, or to upgrade to a more suitable Subscription plan (if applicable).
8. If, after canibuild has contacted You, Your Unreasonable Use and/or Excessive Use continues, canibuild may, without further notice to You:
a. restrict Your access to canibuild app for the remainder of the month; and/or
b. restrict Your access to canibuild app until Your quota of address lookups is reset at the beginning of the next monthly billing cycle (if applicable); and/or
c. immediately terminate Your access to canibuild app; and/or
d. exercise any other right available to canibuild under the terms of “Your Agreement”.