BuildFetch Inc. Cloud Services Terms of Service
Last Updated: April 2, 2026
These Terms of Service (the “Terms”) govern your access to and use of BuildFetch Inc.’s Cloud Services. By accessing or using any part of the Cloud Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you must not access or use the Cloud Services.
BuildFetch Inc. (“BuildFetch”, “we”, “us”, or “our”) may update these Terms from time to time. We will notify you of material changes by email or in-Service notice at least thirty (30) calendar days before the effective date. Continued use of the Cloud Services after the effective date constitutes acceptance of the revised Terms.
These Terms apply only to BuildFetch’s Cloud Services, which include the website at buildfetch.com and any subdomains thereof, relevant public and beta APIs, and any additional or future cloud-hosted products or services made available by BuildFetch (collectively, the “Cloud Services”). On-Premise Deployments are governed exclusively by a separate, customer-specific agreement (the BuildFetch On-Premise Deployment Agreement) via mutually agreed written instrument and are not regulated by these Terms.
1. ACCEPTANCE AND SCOPE
1.1 Acceptance. You accept these Terms by (a) clicking “I Accept,” “Sign Up,” “Create Account” or a similar button during account registration or verification, or (b) accessing or using any part of the Cloud Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
1.2 Subscription Plans. For Cloud Services, a “Subscription Plan” is the online subscription plan selected by Customer via the self-service controls available in the Cloud Services (which may be selected during registration or changed thereafter by Customer through such self-service controls). Each Subscription Plan, including its terms and pricing as published on the BuildFetch website (or as otherwise agreed in a Custom BuildFetch Cloud Services Agreement), is incorporated by reference into and forms part of these Terms. In the event of conflict, the Subscription Plan controls only with respect to the specific subject matter of that conflict.
1.3 OSS Plan for Open Source Projects. BuildFetch may, in its sole discretion, offer a limited free tier of the Cloud Services to qualifying open-source software projects (the “OSS Plan”). “Open-source software project” or “OSS Project” means a project whose source code is publicly available under an open-source license approved by the Open Source Initiative (OSI). Use of the OSS Plan is subject to the usage limits published on the BuildFetch website. BuildFetch may decline or suspend any OSS Plan application or account at any time for any reason. Customers that accept the OSS Plan grant BuildFetch a perpetual, royalty-free, non-exclusive right to publicly list the project name, logo, aggregated data, etc, and project link on BuildFetch’s website, social media, and marketing materials as a customer.
1.4 Custom BuildFetch Cloud Services Agreement. BuildFetch may, in its sole discretion, enter into a separate, mutually executed written agreement with certain Customers for custom-priced, enterprise, or specially negotiated offerings of the Cloud Services (each, a “Custom BuildFetch Cloud Services Agreement”). In the event of any conflict between a Custom BuildFetch Cloud Services Agreement and these Terms, the Custom BuildFetch Cloud Services Agreement shall control solely with respect to the specific subject matter of that conflict.
2. DEFINITIONS
2.1 “Cloud Services” has the meaning set forth in the preamble above.
2.2 “Customer Data” means any data, information, metadata, files, or other content that you or your authorized users or systems upload, store, or transmit to the Cloud Services.
2.3 “Customer” includes the organization (Org) that registers the account, all Projects created under that Org and all Users granted access to the Org and Projects and all Systems granted access to the Org and Projects.
2.4 “Subscription Plan” has the meaning set forth in Section 1.2.
2.5 “Project” means a distinct environment configured by Customer within the Cloud Services. A Project is considered “active” in a Billing Cycle if it has any storage usage or requests during that Billing Cycle.
2.6 “Aggregated Data” means data derived from Customer Data that has been de-identified and aggregated such that it cannot reasonably be used to identify Customer, any individual, or any specific Project.
2.7 “SLA” means the Service Level Agreement set forth below.
2.8 “Billing Cycle” means the monthly period commencing on the Subscription activation date and auto-renewing each month unless canceled in accordance with Section 12.
2.9 “Term” means the period consisting of one or more Billing Cycles.
3. PROVISION OF CLOUD SERVICES AND SCOPE
3.1 Provision of Cloud Services. Subject to these Terms (including payment of all Fees), BuildFetch will make the Cloud Services available to Customer during the Term. BuildFetch may update or modify the Cloud Services from time to time; material changes that adversely affect Customer’s use will be notified in advance where commercially reasonable.
3.2 OSS Plan. Use of the OSS Plan is governed by Section 1.3.
3.3 Analytics. BuildFetch will provide Customer with analytics on a per-Project basis as described on the BuildFetch website.
4. SUBSCRIPTIONS, FEES AND PAYMENT
4.1 Fees. Customer shall pay all fees specified in the applicable Subscription Plan (“Fees”). Fees consist of the amounts set forth in the applicable Subscription Plan as published on the BuildFetch website (or as otherwise provided in a Custom BuildFetch Cloud Services Agreement). All Fees are non-refundable except as expressly provided below (SLA credits).
4.2 Billing and Payment. Subscription fees are billed and charged monthly in advance. Usage-based overage charges are calculated and billed in arrears after the end of each Billing Cycle. All billing occurs via the payment method configured for the Org. Invoices are due within seven (7) calendar days. If any outstanding balances remain unpaid seven (7) calendar days after the due date, BuildFetch may temporarily restrict or terminate Customer’s access to the Cloud Services until all outstanding balances (including accrued interest) are paid in full. Late payments accrue interest at 1.5% per month (or the maximum allowed by law).
4.3 Taxes. Fees are exclusive of taxes; Customer is responsible for all sales, VAT, GST, or similar taxes.
4.4 Price Changes. BuildFetch may change Fees upon thirty (30) calendar days’ prior email notice. Customer may terminate the affected Cloud Services before the increase takes effect.
4.5 Usage Limits and Overages. Usage beyond the limits of the subscribed Subscription Plan is billed at the then-current rates published on the BuildFetch website. BuildFetch may suspend or limit access to the Cloud Services for excessive usage that materially impacts platform stability after attempting all reasonable service scaling measures and providing reasonable notice. If any outstanding balances remain unpaid seven (7) calendar days after the due date, BuildFetch may temporarily restrict or terminate Customer’s access to the Cloud Services until all outstanding balances (including accrued interest) are paid in full.
5. SERVICE LEVEL AGREEMENT
BuildFetch targets 99.9% uptime for the Cloud Services, measured monthly. Uptime is calculated using BuildFetch’s internal monitoring combined with public verification from a 3rd-party status page service.
Qualifying downtime is any consecutive outage of five (5) minutes or more that is not due to scheduled maintenance (announced at least forty-eight (48) hours in advance), force majeure events (including but not limited to acts of war, military actions, terrorism, riots, embargoes, acts of nature, earthquakes, floods, hurricanes, fires, or other catastrophes, or any other event beyond BuildFetch’s reasonable control), or Customer-side issues.
If uptime falls below 99.9%, Customer receives a pro-rata credit equal to (qualifying outage minutes ÷ total minutes in the Billing Cycle) × the monthly Fees for the affected Project (noting that Projects are assigned to specific regions and downtime in one region does not affect Projects in other regions). Credits are applied to the next invoice and are Customer’s sole remedy for SLA breaches.
6. INTELLECTUAL PROPERTY AND LICENSES
6.1 BuildFetch IP. As between the parties, BuildFetch retains all right, title, and interest in the Cloud Services, underlying software, documentation, Aggregated Data, and all derivatives, improvements, or feedback provided by Customer. Customer is granted only the limited, non-exclusive, non-transferable, revocable permission to use the Cloud Services during the Term solely for its internal business purposes as permitted by these Terms.
6.2 Customer Data. Customer retains all right, title, and interest in Customer Data. BuildFetch receives a limited, non-exclusive, worldwide, royalty-free license to host, cache, transmit, serve, analyze, and (upon termination or deletion request) delete Customer Data solely as necessary to provide, maintain, and improve the Cloud Services.
6.3 Aggregated Data. BuildFetch may create, use, retain and disclose Aggregated Data for any purpose, including product improvement, benchmarking, and marketing (provided it cannot reasonably identify Customer or any specific Project).
6.4 Feedback. Any suggestions, ideas, or feedback from Customer regarding the Cloud Services are owned by BuildFetch and may be used without compensation or attribution.
6.5 Restrictions. Customer shall not (and shall not allow third parties to): (a) reverse engineer, decompile, or attempt to discover the source code of the Cloud Services; or (b) remove any proprietary notices.
7. CUSTOMER RESPONSIBILITIES AND RESPONSIBLE USE OF SERVICE
7.1 Responsibility for Customer Data and Aggregated Data. Customer is solely responsible for obtaining and maintaining all rights to Customer Data and any Aggregated Data derived therefrom. BuildFetch does not endorse, verify, or guarantee the legality or appropriateness of any Customer Data or Aggregated Data.
7.2 No Endorsement. BuildFetch’s provision of the Cloud Services does not imply any endorsement, sponsorship, or approval of Customer Data or Aggregated Data.
7.3 Digital Millennium Copyright Act and Copyright Claims. BuildFetch reserves the right to remove Customer Data or Aggregated Data in response to any valid Digital Millennium Copyright Act takedown notice or other intellectual-property infringement claim. Customer agrees to indemnify BuildFetch from any claims arising from Customer Data or Aggregated Data.
7.4 Security Precautions. Customer is solely responsible for implementing and maintaining appropriate security precautions with respect to Customer Data, including scanning for malicious code, limiting access to authorized users and systems, and protecting credentials. BuildFetch recommends that Customer encrypt its Customer Data prior to uploading it to the Cloud Services to the extent such encryption does not prevent BuildFetch from providing the Cloud Services.
7.5 Compliance. Customer shall ensure that its use of the Cloud Services and all Customer Data complies with all applicable laws and these Terms.
7.6 Acceptable Use and Prohibited Conduct. Customer shall not (and shall not permit any third party to) use the Cloud Services to: (a) upload, transmit, or store any Customer Data that is unlawful, infringing, defamatory, fraudulent, or contains viruses, malware, or harmful code; (b) attempt to gain unauthorized access to the Cloud Services or any related systems; (c) interfere with or disrupt the integrity or performance of the Cloud Services or any other customer’s use thereof; (d) exceed published usage limits in a manner that materially impacts platform stability; or (e) use the Cloud Services in any high-risk or life-critical applications where failure could lead to death, personal injury, or environmental harm. Violation of this Section may result in immediate suspension or termination.
8. DATA, CONFIDENTIALITY AND SECURITY
8.1 Customer Data Ownership and Restrictions. Customer retains all right, title, and interest in Customer Data. BuildFetch will not sell, lease, transfer to any third party (whether for commercial purpose or otherwise), or commercially exploit Customer Data except as expressly permitted in these Terms or required by law. BuildFetch processes any personal data contained in Customer Data in accordance with its Privacy Policy (available at https://buildfetch.com/privacy) and applicable data protection laws.
8.2 Permitted Use of Aggregated Data. BuildFetch may use de-identified, Aggregated Data for the purpose of providing and functioning of the Cloud Services and other legitimate business purposes, provided it cannot reasonably identify Customer or any specific Project.
8.3 Security. BuildFetch implements industry-standard security measures, including encryption of Customer Data and Aggregated Data at rest and in transit. Customer may request deletion of its Customer Data at any time after all outstanding Fees have been paid in full.
8.4 Data Privacy. BuildFetch processes personal data (if any) in accordance with its Privacy Policy (available at https://buildfetch.com/privacy) and applicable data protection laws, including GDPR. Customer is responsible for ensuring it has all necessary rights to upload Customer Data. BuildFetch will assist with data-subject requests to the extent required by law.
8.5 Confidentiality. Each party will protect the other’s Confidential Information with at least reasonable care and use it only as necessary to perform this Agreement. Obligations survive termination for three (3) years.
9. WARRANTIES AND DISCLAIMERS
9.1 BuildFetch Warranties. BuildFetch warrants that (i) it has the right to grant the permissions in these Terms, and (ii) the Cloud Services will materially conform to the SLA during the Term.
9.2 Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS, THE CLOUD SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BUILDFETCH DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE CLOUD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITATION OF LIABILITY
10.1 Exclusion of Consequential Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Liability Cap. BUILDFETCH’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO BUILDFETCH IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. INDEMNIFICATION
11.1 By Customer. Customer will defend, indemnify, and hold harmless BuildFetch and its affiliates, officers, employees, and agents from any third-party claims arising from (a) Customer Data, (b) Customer’s breach of these Terms, or (c) Customer’s use of the Cloud Services in violation of applicable law.
12. TERMINATION
12.1 Termination for Convenience. Customer may terminate its Subscription Plan and these Terms at any time via the self-service controls available in the Cloud Services. BuildFetch may terminate these Terms or any Subscription Plan for convenience upon at least seven (7) calendar days’ prior written notice via email to Customer.
12.2 Termination for Cause. Either party may terminate these Terms immediately upon written notice if the other party materially breaches any provision and fails to cure within thirty (30) calendar days (or seven (7) calendar days for payment breaches).
12.3 Effects of Termination. Upon termination: (a) all rights to use the Cloud Services cease; (b) Customer must pay all outstanding Fees; (c) BuildFetch will, upon request and after payment of all Fees, use commercially reasonable efforts to delete Customer Data within thirty (30) calendar days (except as required to retain for legal or regulatory compliance); and (d) Sections 6, 7, 8, 9, 10, 11, and 13 survive.
13. GENERAL PROVISIONS
13.1 Governing Law and Venue. These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles. Any disputes shall be brought exclusively in the state or federal courts located in Cheyenne, Wyoming.
13.2 Entire Agreement. These Terms (including all Subscription Plans, the Privacy Policy, any Addenda, and any Custom BuildFetch Cloud Services Agreement) constitute the entire agreement and supersede all prior understandings.
13.3 Severability. If any provision is held unenforceable, the remainder remains in effect.
13.4 No Waiver. Failure to enforce any right does not constitute a waiver.
13.5 Assignment. Neither party may assign these Terms without the other party’s prior written consent, except that BuildFetch may assign this Agreement without Customer’s consent (a) in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or (b) to any affiliate or as part of a corporate reorganization. This Agreement will be binding upon, and inure to the benefit of, the parties and their respective permitted successors and assigns.
13.6 Force Majeure. Neither party is liable for delays caused by events beyond its reasonable control (excluding payment obligations).
13.7 Export Controls and Sanctions. The Cloud Services are subject to U.S. export control and economic sanctions laws. Customer represents and warrants that it will comply with all applicable U.S. export control and sanctions laws in its use of the Cloud Services and will not use the Cloud Services in any manner that would cause BuildFetch to violate such laws. Customer shall indemnify BuildFetch for any breach of this Section.
13.8 Notices. All notices must be in writing and sent to the email associated with Customer’s account (for Customer) or to BuildFetch at:
- Email: legal@buildfetch.com
- Mail: 1021 E Lincolnway Suite #8618 Cheyenne, Wyoming 82001, United States