BuildFetch
Material changes in this version are effective September 13, 2026 for new Customers and October 14, 2026 for existing Customers. The previous version applies to existing Customers through October 13, 2026.

BuildFetch Inc. Cloud Services Terms of Service

Last Updated: September 13, 2026

These Terms of Service (the “Terms”) govern access to and use of BuildFetch Inc.’s Cloud Services. Access to and use of any part of the Cloud Services is subject to these Terms. By accessing or using any part of the Cloud Services after receiving notice of these Terms, you agree to be bound by the provisions of these Terms applicable to your access or use. If you do not agree to these Terms, you must not access or use the Cloud Services. No access to or use of the Cloud Services is authorized except as permitted by BuildFetch, these Terms, and, where applicable, the relevant Customer.

BuildFetch Inc. (“BuildFetch”, “we”, “us”, or “our”) may update these Terms from time to time. Revised Terms apply immediately to Customers who first accept them after publication. For existing Customers, we will provide at least thirty (30) calendar days’ prior notice of material changes by email or in-Service notice, and such changes will take effect on the date stated in the notice unless Customer, through an authorized representative, affirmatively accepts the revised Terms earlier, in which case the revised Terms take effect for Customer upon acceptance. If Customer does not agree to a material change, Customer may terminate the affected Subscription by providing notice before the revised Terms become effective for Customer, and such termination will take effect no later than that effective date notwithstanding Section 12.1. Customer’s continued use of the Cloud Services after the applicable 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 governed by these Terms.

1. ACCEPTANCE AND SCOPE

1.1 Acceptance. Customer accepts these Terms when an individual authorized to bind Customer, on Customer’s behalf, executes these Terms or an agreement incorporating them, electronically accepts them, creates an Org after being presented with notice that doing so constitutes acceptance, or otherwise manifests assent through any other legally effective means. If you accept these Terms on behalf of Customer, including by creating an Org, you represent that you have authority to bind Customer. If Customer is an Individual Org, you are accepting these Terms on your own behalf. An individual may separately agree to provisions of these Terms applicable to their own access to or use of the Cloud Services, but such individual assent or use does not by itself bind Customer unless that individual is authorized to bind Customer. Once accepted by Customer, these Terms govern access to and use of the Cloud Services by Customer and its Users, Agents, and Systems. The Cloud Services are offered solely for business or professional use and not for personal, family, or household purposes.

1.2 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, and project link on BuildFetch’s website, social media, and marketing materials as a customer.

1.3 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 Customer or its authorized Users, Agents, or Systems upload, store, or transmit to the Cloud Services.

2.3 “Customer” means the individual or legal entity that accepts these Terms on its own behalf, on whose behalf these Terms are accepted, or that registers or maintains an account for the Cloud Services (the “Org”). Customer may be:

  • An individual acting for purposes relating to their trade, business, craft, or profession (an “Individual Org”), or
  • A formally organized legal entity (such as a corporation, limited liability company, partnership, or other organization).

“Org” means the account or workspace registered by Customer under which Customer creates and manages Projects and authorizes access for Users, Agents and Systems.

“User” means any individual authorized by Customer to access or use the Cloud Services in connection with Customer’s Org or any Project.

“Agent” means any autonomous, semi-autonomous, or AI-powered software agent — including large language models (LLMs), agentic workflows, reasoning engines, autonomous tools, or other intelligent systems — that Customer authorizes to access, query, interact with, or take actions within the Cloud Services under Customer’s Org or any Project (whether via API, SDK, web interface, webhook, or any other interface).

“System” means any automated process, script, integration, API client, monitoring tool, CI/CD pipeline, or other non-human, non-Agent actor authorized by Customer to interact with the Cloud Services under Customer’s Org or any Project.

2.4 “Subscription” means an instance of access to the Cloud Services governed by these Terms and associated with a specific Subscription Plan selected by Customer. Customer may have one or more Subscriptions.

2.5 “Subscription Plan” means the specific plan tier (including pricing, usage limits, and features) applicable to a Subscription, as published on the BuildFetch website or as otherwise agreed in a Custom BuildFetch Cloud Services Agreement.

2.6 “Project” means a distinct environment configured by Customer within a Subscription in the Cloud Services. A Project is considered “active” within a Billing Cycle if it has any resource usage or processed requests during that Billing Cycle.

2.7 “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.

2.8 “Billing Cycle” means, with respect to a Customer, each recurring monthly period used to bill all of the Customer’s active Subscriptions. The initial Billing Cycle for a Customer commences on the activation date of the Customer’s first Subscription (the “Billing Cycle Start Date”). Each Billing Cycle renews on the same calendar day of the month as the Billing Cycle Start Date. For any Billing Cycle that starts on the 29th, 30th, or 31st of a month, the renewal date in a subsequent month that contains fewer days than the original start month shall be the last day of that month. All active Subscriptions of the same Customer share a single synchronized Billing Cycle and renewal schedule. When a Customer activates a new Subscription while it already has one or more other active Subscriptions, the new Subscription joins the Customer’s existing Billing Cycle; fees for the new Subscription for the period from its activation date until the end of the then-current Billing Cycle are calculated on a daily prorated basis, and the new Subscription participates in the shared Billing Cycle for all subsequent periods.

2.9 “Term” means, with respect to a Subscription, the period consisting of one or more Billing Cycles for that Subscription.

2.10 “Confidential Information” means non-public information disclosed by or on behalf of a party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information or the circumstances of disclosure, including business, technical, product, security, financial, pricing, customer, and Customer Data. Confidential Information does not include information that the receiving party can demonstrate: (a) is or becomes publicly available through no breach of these Terms; (b) was lawfully known to the receiving party without a duty of confidentiality before disclosure; (c) is lawfully received from a third party without a duty of confidentiality; or (d) is independently developed without use of or reference to the disclosing party’s Confidential Information.

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 1.2.

3.3 Observability. BuildFetch will provide Customer with an observability dashboard on a per-Project basis as described on the BuildFetch website.

3.4 Beta, Preview, and Evaluation Services. Features or services designated as beta, preview, experimental, early access, evaluation, or similar may be modified, suspended, or discontinued at any time and are provided on an “AS IS” and “AS AVAILABLE” basis without any service level commitment, support commitment, or warranty except as expressly stated in writing. Sections 6, 7, and 8 and the Data Processing Addendum continue to apply to such features or services to the extent applicable, including to any Customer Data or Personal Data processed through them.

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 in an applicable Service Level Agreement or when BuildFetch terminates these Terms or a Subscription for convenience pursuant to Section 12.1 (in which case a prorated refund of prepaid Fees for the unused portion of the then-current Billing Cycle shall apply as described therein).

4.2 Billing and Payment. All Fees are billed via the payment method configured for the Org on a consolidated basis for the Customer’s active Subscriptions, which share a single Billing Cycle under Section 2.8. Subscription fees for a Customer’s initial Subscription are billed in full at activation. When a new Subscription is activated while the Customer has one or more other active Subscriptions, Customer is charged a daily-prorated fee for the remainder of the then-current Billing Cycle upon activation; thereafter, fees for all active Subscriptions are billed together at the start of each shared Billing Cycle. Subscription Plan fees and usage-based overages are calculated with daily granularity. Subscription Plan upgrades take effect immediately upon selection. Subscription Plan downgrades take effect at the start of the next Billing Cycle. Usage-based overage charges are billed in arrears after the end of each Billing Cycle. Invoices are due within fourteen (14) calendar days of issuance. If any outstanding balances remain unpaid fourteen (14) calendar days after the due date, BuildFetch may temporarily restrict or terminate access to the Cloud Services until all balances (including accrued interest) are paid in full. Late payments accrue interest at 1.5% per month (or the maximum allowed by law). Subscriptions renew automatically for successive Billing Cycles unless terminated. Payments for Fees are processed by third-party payment processor(s). By providing or updating a payment method for the Org, Customer authorizes BuildFetch and its payment processor(s) to charge the applicable Fees to that payment method in accordance with these Terms.

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 at any time. Changes may apply immediately to new Subscriptions and to any Subscription for which Customer has not yet paid a Subscription fee. For an active Subscription for which Customer has paid a Subscription fee, any increase in the Fees applicable to that Subscription will take effect no earlier than thirty (30) calendar days after BuildFetch provides notice by email. Customer may terminate the affected Subscription in accordance with Section 12.1 by providing notice before the increase takes effect. If Customer does so, the increase will not apply to that Subscription before its termination.

4.5 Usage Limits, Overages, and Protective Measures. Where the applicable Subscription Plan permits usage beyond its included limits, such usage is billed at the then-current rates published on the BuildFetch website, subject to Section 4.4. BuildFetch may temporarily suspend, rate limit, or otherwise restrict access to all or part of the Cloud Services where reasonably necessary to protect the security or integrity of the Cloud Services, prevent fraud, abuse, unlawful activity, or material harm to BuildFetch or other customers, respond to compromised credentials, or comply with applicable law. Where practicable, BuildFetch will provide notice and limit any such measure to the scope and duration reasonably necessary. For ordinary excessive usage that materially impacts platform stability, BuildFetch will use commercially reasonable scaling measures and provide reasonable notice where practicable before limiting access.

4.6 Trials and Promotions. BuildFetch may offer trials, promotional discounts, coupons, credits, or other promotional offers subject to additional eligibility requirements and terms. Unless expressly stated otherwise, promotional offers apply only to Subscription fees and do not apply to usage-based charges, overages, taxes, or other Fees. Promotional offers are non-transferable, have no cash value, and may be limited to one per Customer. BuildFetch may modify, suspend, revoke, or terminate any trial or promotional offer at any time, with or without notice, in its discretion. Upon expiration or termination of a trial or promotional period, Customer's Subscription will continue at the then-current applicable rate unless terminated in accordance with these Terms.

5. SERVICE AVAILABILITY

BuildFetch will use commercially reasonable efforts to make the generally available Cloud Services available and reliable. Any applicable service level commitment and remedies are set forth in the applicable Subscription Plan, Service Level Agreement, or Custom BuildFetch Cloud Services Agreement.

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, process, analyze, and delete Customer Data solely as necessary to provide, operate, secure, maintain, troubleshoot, and support the Cloud Services in accordance with these Terms.

6.3 Aggregated Data. BuildFetch may create, use, retain and disclose Aggregated Data for legitimate business purposes, 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. Customer shall not (and shall not permit any third party to) access or use the Cloud Services, documentation, or BuildFetch’s Confidential Information to copy or replicate functionality, develop or improve a product or service that competes with the Cloud Services, or conduct competitive analysis or benchmarking.

7. CUSTOMER RESPONSIBILITIES AND RESPONSIBLE USE OF SERVICE

7.1 Responsibility for Customer Data. Customer is solely responsible for obtaining and maintaining all rights, permissions, and lawful bases necessary for Customer Data and for BuildFetch to process Customer Data as contemplated by these Terms. BuildFetch does not endorse, verify, or guarantee the legality or appropriateness of Customer Data.

7.2 No Endorsement. BuildFetch’s provision of the Cloud Services does not imply any endorsement, sponsorship, or approval of Customer Data.

7.3 Digital Millennium Copyright Act and Copyright Claims. BuildFetch reserves the right to remove Customer Data in response to any valid Digital Millennium Copyright Act takedown notice or other intellectual-property infringement claim.

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 of affected access. Termination for a violation of this Section is governed by Section 12.2.

7.7 Users, Agents, Systems, and Credentials. Customer is responsible for all access to and use of the Cloud Services by its Users, Agents, and Systems and for safeguarding passwords, API keys, access tokens, and other authentication mechanisms issued to or created by Customer. Customer will promptly notify BuildFetch of any known or suspected unauthorized access to its Org, Projects, credentials, or authentication mechanisms.

7.8 Sensitive and Regulated Data. Customer will not submit, store, transmit, or otherwise Process protected health information subject to HIPAA (“PHI”) through the Cloud Services unless (a) BuildFetch and Customer have executed a Business Associate Agreement (“BAA”) applicable to the relevant Cloud Services, and (b) Customer uses only those Cloud Services, configurations, and features that BuildFetch identifies as eligible for Processing PHI. Unless both conditions are satisfied, BuildFetch does not agree to provide the Cloud Services as a HIPAA business associate, Customer is not authorized to provide PHI through the Cloud Services, and the Cloud Services are not intended for PHI. Unless expressly agreed by BuildFetch in writing, Customer also will not intentionally submit to the Cloud Services cardholder data or sensitive authentication data subject to PCI DSS, government-classified information, or other data subject to sector-specific requirements that impose obligations on BuildFetch beyond those expressly accepted under these Terms or the Data Processing Addendum.

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, or commercially exploit Customer Data or disclose Customer Data to third parties except as necessary to provide, secure, maintain, or support the Cloud Services, as authorized by Customer, or as required by law. Any personnel, contractors, service providers, or subprocessors receiving Customer Data must have a need to know such information and be subject to appropriate confidentiality and, where applicable, data-protection obligations. Processing of Personal Data by subprocessors is governed by the Data Processing Addendum.

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 Data Retention and Customer Copies. Some Cloud Services may store Customer Data only temporarily or subject to retention, capacity, usage, or other data-management limits. BuildFetch may automatically delete, overwrite, or otherwise remove Customer Data in accordance with the applicable Subscription Plan, published documentation, Customer-configured settings, or the ordinary operation of the applicable Cloud Services. Unless BuildFetch expressly commits to a minimum retention period in an applicable Subscription Plan or Custom BuildFetch Cloud Services Agreement, BuildFetch does not guarantee any minimum retention period. Customer is responsible for maintaining independent copies of Customer Data that Customer wishes to preserve and should not rely on the Cloud Services as its sole backup or archival copy. Deletion, overwriting, or removal of Customer Data permitted by this Section does not constitute a breach of these Terms.

8.4 Security. BuildFetch will maintain a documented information security program containing administrative, technical, organizational, and physical safeguards reasonably designed to protect the confidentiality, integrity, and availability of Customer Data, taking into account the nature of the Cloud Services and the risks presented by the Processing. Additional security measures applicable to Personal Data are described in the Data Processing Addendum and applicable security documentation.

8.5 Data Privacy. BuildFetch processes personal data (if any) in accordance with its Privacy Policy (available at https://buildfetch.com/privacy), Data Processing Addendum (available at https://buildfetch.com/dpa), and applicable data protection laws. Customer is responsible for ensuring it has all necessary rights and lawful bases to provide Personal Data to BuildFetch. BuildFetch will assist with data-subject requests to the extent required by applicable law and the Data Processing Addendum.

8.6 Confidentiality. Each party will protect the other party’s Confidential Information with at least reasonable care and use it only as necessary to perform these Terms. Either party may disclose the other party’s Confidential Information to its employees, contractors, service providers, and professional advisers who need to know such information to perform work relating to these Terms, provided they are bound by confidentiality and non-use obligations at least as protective as those in these Terms. Each party is responsible for its employees, contractors, service providers, and professional advisers complying with this Section. BuildFetch may also disclose Confidential Information to subprocessors as necessary to provide the Cloud Services, subject to the confidentiality and data-protection requirements applicable under these Terms and the Data Processing Addendum. Either party may disclose to its actual or prospective investors, in connection with due diligence, the existence and general nature of its business relationship with the other party and related high-level financial information. Customer may publicly state that it uses the Cloud Services or is a customer of BuildFetch, unless the parties have entered into a separate written confidentiality agreement that expressly restricts such disclosure. Except as expressly permitted by Section 1.2 or otherwise agreed in writing, BuildFetch may not publicly identify Customer as a customer or use Customer’s name, trademarks, or logos for marketing or promotional purposes. Either party may disclose Confidential Information to the extent required by law, regulation, subpoena, court order, or other legal process, provided that, to the extent legally permitted, the receiving party gives the disclosing party reasonable prior notice and reasonable assistance, at the disclosing party’s expense, if the disclosing party seeks to limit or protect the disclosure. These confidentiality obligations survive termination or expiration for three (3) years; however, with respect to Confidential Information that constitutes a trade secret under applicable law, the obligations continue for so long as the information remains a trade secret.

8.7 Data Processing Addendum. The detailed obligations of BuildFetch with respect to the Processing of Personal Data contained in Customer Data, including Sub-processor management, security measures, data subject request assistance, Personal Data Breach notification, audit rights, international transfer safeguards, and deletion/return procedures, are set forth in the Data Processing Addendum, which forms part of these Terms and controls in the event of any conflict with respect to such Processing.

9. WARRANTIES AND DISCLAIMERS

9.1 BuildFetch Warranties. BuildFetch warrants that it has the right to grant the permissions in these Terms.

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 any individual Subscription (or all of its Subscriptions) via the self-service controls available in the Cloud Services or by email request to [email protected]. Such termination by Customer shall be effective at the end of the then-current Billing Cycle, except where these Terms expressly provide for an earlier effective date. Customer shall retain full access to and rights under the applicable Subscription(s) through the effective date of termination. Customer shall not be entitled to any refund, credit, or proration of Fees for the then-current Billing Cycle unless these Terms expressly provide otherwise.

BuildFetch may terminate these Terms or any Subscription for convenience upon at least seven (7) calendar days’ prior written notice via email to Customer. If BuildFetch terminates for convenience, BuildFetch shall provide Customer with a prorated refund of any prepaid Fees attributable to the unused portion of the then-current Billing Cycle, calculated on a daily basis.

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 fourteen (14) calendar days for payment breaches). BuildFetch may terminate immediately upon written notice for a violation of Section 7.6 that is not reasonably capable of cure or where continued access would create material security risk, facilitate unlawful activity, or cause material harm to BuildFetch, the Cloud Services, or other customers.

12.3 Effects of Termination. Upon termination or expiration:

(a) Except as expressly provided in Section 12.1 with respect to Customer terminations for convenience, all rights to use the Cloud Services shall cease upon the effective date of termination;

(b) Customer remains responsible for all Fees accrued through the effective date of termination, including usage-based Fees not yet invoiced;

(c) Customer is responsible for exporting any Customer Data it wishes to retain before termination or expiration, to the extent export is supported by the applicable Cloud Services. Following termination or expiration, BuildFetch may delete remaining Customer Data in accordance with applicable data-retention policies. BuildFetch has no obligation to retain or make Customer Data available after termination except as expressly provided in an applicable Subscription Plan, Custom BuildFetch Cloud Services Agreement, Data Processing Addendum, or applicable law. If BuildFetch terminates the affected Cloud Services for convenience, BuildFetch will provide Customer a reasonable opportunity during the notice period to export Customer Data then available through the affected Cloud Services, where technically supported;

(d) Sections 6, 7, 8, 9, 10, 11, and 13 survive, subject to any survival period expressly stated in those Sections.

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, together with the Privacy Policy, the Data Processing Addendum, all Subscription Plans, any applicable Service Level Agreement, and any Custom BuildFetch Cloud Services Agreement, constitute the entire agreement between the parties with respect to the Cloud Services and supersede all prior or contemporaneous understandings, agreements, and representations.

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 these Terms 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. These Terms 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. Except where these Terms expressly permit another method, all notices must be in writing and sent to the email associated with Customer’s account (for Customer) or to BuildFetch at:

  • Email: [email protected]
  • Mail: 1021 E Lincolnway Suite #8618 Cheyenne, Wyoming 82001, United States