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Terms

Version 1.1 | Effective date: April 20, 2025 | Last updated: 16 August 2026

Terms of Service

1. Acknowledgement and Acceptance of Terms

Buildkey ("we," "us," or "our") provides the Buildkey website (buildkey.net), the Buildkey web application, any mobile applications we release, and related services (collectively, the "Service"). By using the Service, you agree to these Terms of Service and our Privacy Policy. If you do not agree, do not use the Service.

When using the Service, you must also follow any additional rules or guidelines posted for specific features. Some parts of the Service may integrate with third-party platforms, which may have their own terms governing your use.

We may update these Terms of Service from time to time. If you continue using the Service after changes are posted, you accept the updated terms. Certain features may have additional terms, which will apply alongside these Terms.

Our prices, including subscription fees, may change with 30 days’ notice. We will notify you of any changes by posting them on our website or within the Service. Buildkey is not responsible for any modifications, price adjustments, or interruptions to the Service.

2. Eligibility

To use our Service, you must be at least 18 years old. We reserve the right to refuse service to anyone or change eligibility requirements at any time. You may not use the Service if prohibited by law or if you plan to develop a competing product. The Service is for your personal or authorized business use only, not for third-party benefit.

3. Account Information

Registering for an Account

Some features require an account. Registration asks for your name, email address, a password and a workspace name; paid plans also require payment details, which are collected and processed directly by our payment provider, Stripe, and never stored on Buildkey's servers. If registering on behalf of a company, you confirm you have authority to bind that entity to these terms. We may reclaim workspace names that infringe on trademarks.

Your Responsibility for Your Account

You must keep your account secure by using a strong password and preventing unauthorized access. You’re responsible for all activity under your account and must notify us immediately of any breaches. We’re not liable for misuse due to shared or stolen credentials.

Managing Your Account

You can adjust settings to control your account and email preferences. By creating an account you agree to receive service-related notices, and you will be subscribed to our product newsletter, which you can leave at any time from your profile settings or via the unsubscribe link in any newsletter email. Opting out of service-related notices may limit functionality. Details are in our Privacy Policy.

4. Ownership and Licenses

All content on our Service, including text, graphics, logos, and software (collectively "Content"), is owned by or licensed to Buildkey and protected by intellectual property laws. We grant you a limited, revocable license to use the Service as intended. You may not copy, modify, or create competing products from our Content. "Intellectual Property Rights" means all copyrights, trademarks, patents, and other protected rights worldwide.

5. Third-Party Content

Our Service may include content from other companies ("Third-Party Content"). This content remains owned by those third parties and may have additional terms or privacy policies. Please contact the content owners directly about their terms.

6. Your Data

You own any data you upload or transmit through our Service ("User Data"). You're responsible for ensuring your Data is accurate, legal, and that you have rights to share it. We don't claim ownership of your User Data.

If you set a project to public, anyone with the link can view that project, including its files, comments and any project contact details recorded on it, and can post comments on it without an account. You are responsible for what you choose to share publicly.

7. Usage Data

We collect usage data, such as an activity log of actions taken in your workspace and aggregate QR code scan counts, to operate and improve our Service. We may use and share this data in aggregated, de-identified form for business and research purposes.

8. Feedback

If you provide suggestions or feedback about our Service, you agree we can use it freely without owing you compensation. We may already be working on similar ideas, and your feedback doesn't prevent us from using our existing knowledge.

9. Proper Use of Our Service

You must use our Service legally and responsibly. Prohibited actions include: automated scraping of our content, unauthorized access attempts, vulnerability testing, spamming, commercial solicitations, overloading our systems, uploading harmful content, impersonation, collecting others' personal information, interfering with service operations, reverse engineering, or any unlawful activities. Violations may lead to legal action.

10. Software Terms

Any software we make available via the Service, including any mobile applications we release ("Software"), is licensed, not sold. Unless a separate licence agreement accompanies it, we grant you a limited, revocable, worldwide, royalty-free, non-assignable, non-exclusive licence to use the Software in accordance with these Terms of Service. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software, sublicense the Service, download or modify any portion of the Service, or resell the Service. If you violate the Terms of Service, we reserve the right to terminate your licence to the Service without notice. The Software may receive updates from time to time, such as bug fixes, enhanced functions and new features, and you agree to receive such updates as part of your use of the Software.

11. Team Accounts

Admins can add/remove team members, with billing starting upon addition. Removed members keep their personal accounts and data. All users own their data - team access doesn't transfer ownership. Team admins can't access member data unless shared. Members can leave teams voluntarily. Work email access may affect team membership.

12. Billing & Payments

Payments for the Service are processed by our payment provider, Stripe; Buildkey does not store your card details. You are responsible for paying the agreed-upon fees for the Service, and for any taxes required to be paid on the Service provided under this Agreement (other than taxes on the Company's income). All paid plans require a valid payment method.

New subscriptions may include a free trial. Unless you cancel before the trial ends, your paid subscription starts automatically when the trial period expires.

For monthly payment plans, the Service is billed in advance on a monthly basis. For yearly plans, the Service is billed annually in advance.

Cancellations; Refunds. You may cancel your Business Account or any Subscription at your sole discretion. Purchases are non-refundable; Buildkey is not obligated to refund any payments. SUBJECT TO THE FOREGOING SENTENCE, YOU ACKNOWLEDGE AND AGREE THAT, IN THE EVENT THAT: (i) BUILDKEY SUSPENDS OR TERMINATES YOUR SUBSCRIPTION, YOUR USER ACCOUNT, OR THESE TERMS, OR (ii) YOU CANCEL YOUR SUBSCRIPTION, YOU WILL RECEIVE NO REFUND FOR SUCH SUSPENSION, TERMINATION, OR CANCELLATION, NOR FOR ANY UNUSED TIME ON YOUR SUBSCRIPTION, ANY PRE-PAYMENTS MADE IN CONNECTION WITH YOUR SUBSCRIPTION, ANY LICENSE OR SUBSCRIPTION FEES FOR ANY PORTION OF THE SERVICE, ANY CONTENT OR DATA ASSOCIATED WITH YOUR USER ACCOUNT, OR ANYTHING ELSE.

Notwithstanding the above policies, the rights granted to consumers under applicable national legislations shall apply. These rights may provide additional guarantees beyond those outlined in our Terms of Service. Below is a non-exhaustive list of such provisions relevant to our Service:

These provisions may override our standard cancellation policy where they offer more favourable terms. For details specific to your location and how they apply to your subscription, please contact us at support@buildkey.net.

All refunds issued by Buildkey, when applicable under these Terms of Service, will be processed in the same currency as the original transaction. The amount refunded will match the original payment amount in that currency. However, if your payment method involves currency conversion (e.g., payments made in a currency different from your local currency), the actual refunded amount in your local currency may vary. This variation may occur due to fluctuations in exchange rates or additional fees imposed by your financial institution or payment processor. These differences are beyond Buildkey’s control. We strongly recommend that you consult with your financial institution or payment processor for information regarding their applicable exchange rates and associated fees before requesting a refund. Buildkey disclaims any responsibility for changes in exchange rates or third-party fees that affect the final refunded amount in your local currency.

13. Changes to the Service

Buildkey is constantly innovating and finding ways to provide our Users with new features and services. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service, to you or to Users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason.

14. Privacy

Our Privacy Policy, available at https://buildkey.net/privacy, applies to the use of the Service. Our Privacy Policy’s terms are made a part of the Terms of Service by this reference. You understand that by using the Service you consent to the collection, use, and disclosure of your Personal Information and aggregate data as set forth in our Privacy Policy, and to have your Personal Information collected, used, transferred to, and processed in Australia and by the overseas service providers named in the Privacy Policy. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

Some functionalities of the Service involve processing by us of personal data of third parties, such as project contact details you record against a project or invitations you send to colleagues. You are responsible for ensuring you are entitled to share that information with us. Our Privacy Policy describes in detail the conditions and regulations that apply to such data processing.

15. Disclaimer of Warranties and Limitation of Liability

THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES, OR OTHER DEFECT, AND NON-INFRINGEMENT.

YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. IN NO EVENT SHALL WE OR OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR CONTENT PROVIDERS (OUR “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE CONTENT (INCLUDING WITHOUT LIMITATION THE COST OF PROCUREMENT OF REPLACEMENT SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUILDKEY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BUILDKEY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE FEES YOU PAID TO BUILDKEY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BUILDKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, INCLUDING ANY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW THAT CANNOT BE EXCLUDED.

16. Termination and Indemnity

You agree that we may, at any time, and at our sole discretion, terminate your account or suspend or prohibit your access to the Service without prior notice to you for violating any of the Terms of Service or for any other reason whatsoever.

You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of your use of the Service or your violation of this Agreement. Provisions that, by their nature, should survive termination of this Agreement shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Right of Withdrawal. if you are a consumer in the European Union (EU), the European Economic area (EEA) and the United Kingdom have the right to withdraw from your Subscription within seven (7) days of signing up, for any reason, provided you have not commenced use of the Service during that time. Your right of withdrawal is lost once the 7-day period expires. If you are entitled to exercise your right of withdrawal, Buildkey will refund you any amounts actually paid to Buildkey during the 7-day period. If you wish to withdraw from your subscription, please contact support@buildkey.net with the following information:

17. User Communications

If you communicate with us, you agree that you will not send or transmit any communication or content that: (i) is defamatory, indecent, harassing, or otherwise objectionable; (ii) infringes or violates any rights of any party; or (iii) contains a virus or corrupted data. All e-mail and other correspondence that you submit to us shall become our sole and exclusive property. If you submit any business information, idea, concept or invention to us, such submission shall be considered: (i) non-confidential; and (ii) our sole and exclusive property. We will have no obligation of any kind with respect to the submission, and we will be free to use or further transmit such submission for any purpose.

18. Copyright Policy

Buildkey respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property rights, please send the following information to support@buildkey.net (Subject line: “Copyright Takedown Request”):

Counter-Notice: If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a written counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, Buildkey will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with applicable laws, Buildkey has adopted a policy of terminating, in appropriate circumstances and at Buildkey’s sole discretion, Users who are deemed to be repeat infringers. Buildkey may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

19. Links

We may provide links to third-party websites within the Service. We do not recommend or endorse the content of any third-party website. We are not responsible for the content of the linked third-party websites and we do not make any representations or warranties regarding their content or accuracy or any products/services you may access or purchase therefrom. Your use of any third-party website is at your own risk and subject to the terms and conditions of use for such a website. You expressly release us from any and all liability arising from your use of any third-party website.

20. Notification Procedures and Changes to the Terms of Service

Buildkey may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by Buildkey in our sole discretion. Buildkey reserves the right to determine the form and means of providing notifications to our Users provided that you may opt-out of certain means of notification as described in the Terms of Service. When we change the Terms of Service in a material manner, we will update the “last modified” date at the top of this page.

Buildkey may modify or update these Terms of Service from time to time. However, we will provide you with at least 30 days’ notice before any new terms take effect, by sending a notice to the email address associated with your account. Your continued use of the Service after the 30-day notice period will constitute your acceptance of the modified Terms of Service. If you do not agree to the new terms, you must stop using the Service before the new terms become effective.

21. Assignment

The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Buildkey without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

22. Governing Law, International Use

The Terms of Service will be governed by and construed in accordance with the Australian Government laws, without regard to its conflicts of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Australian court. Although the Service may be accessible worldwide, we make no representation that materials on the Service are appropriate or available for use in locations outside Australia. Accessing the Service from territories where its use is illegal is prohibited.

23. Foreign Users

The Service is controlled and operated from its facilities in Australia. Buildkey makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australian national and local laws and regulations, including but not limited to export and import regulations.

24. Entire Agreement/Severability

The Terms of Service represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. The Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Service shall otherwise remain in full force and effect and enforceable.

25. No Waiver; Relationship of the Parties

Any failure by us to enforce or exercise any provisions of the Terms of Service shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Buildkey, and you do not have any authority of any kind to bind Buildkey in any respect whatsoever.

26. Attorneys’ and Accountants’ Fees

In any action to enforce the Terms of Service, the prevailing party shall be entitled to attorneys’ and accountants’ fees and costs.

27. Contact Us

If you have questions regarding the Terms of Service or about Buildkey, please contact us by email at support@buildkey.net.