Introduction

Thank you for visiting the websites and associated domains of FAB Builder.io (collectively, the “Sites”) and/or using FAB Builder’s software-as-a-service platform and the products, services, and features we make available to you as part of the platform (collectively, the “Service”). FAB Builder is the world’s leading visual development platform for building powerful web, mobile and backend applications without writing code.

Thank you for visiting the websites and associated domains of FAB Builder.io (collectively, the “Sites”) and/or using FAB Builder’s software-as-a-service platform and the products, services, and features we make available to you as part of the platform (collectively, the “Service”). FAB Builder is the world’s leading visual development platform for building powerful web, mobile and backend applications without writing code.

Applicable Terms

Your use of the Service is subject to these Terms, as well as our Acceptable Use Policy, General Privacy Policy, Copyright Policy, and, if applicable, the Template Submission Guidelines and FAB Builder’s Data Processing Addendum (these documents are hereby incorporated into these Terms by reference and together with these Terms are collectively referred to as the “Agreement”). For clarity, the sidebar notes are just provided for convenience, are not part of these official Terms, and have no legal effect. As pertains to the Service, ( 1) the “Effective Date” of the Agreement is the earlier of the date of (a) your initial acceptance of these Terms (or Updated Terms, as applicable) and access to the Service through any online provisioning, registration, or order process; or (b) the effective date of the first Order Form between you and FAB Builder referencing this Agreement; and (2) the “Term” of the Agreement shall be as of the Effective Date until you terminate your Account and/or the expiration or termination of the last outstanding Order Form. As used herein, “Order Form” means the FAB Builder ordering document governed by this Agreement that is signed by FAB Builder and you and specifies the products or offerings procured by you. Notwithstanding the foregoing, for the avoidance of doubt, as pertains to the Sites, these Terms remain in full force and effect as of the Last Modified date above.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you are not permitted and may not use the Service.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING THE FAB BUILDER SERVICE OR ANY RELATED FAB BUILDER OFFERINGS, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE OR ANY RELATED FAB BUILDER OFFERINGS. BY ENTERING INTO THIS AGREEMENT, EACH PARTY HEREBY REPRESENTS AND WARRANTS THAT IT HAS THE FULL RIGHT, POWER, AND AUTHORITY TO ENTER INTO AND PERFORM THIS AGREEMENT, AND THIS AGREEMENT IS A VALID AND BINDING OBLIGATION ON SUCH PARTY.

IF YOU ARE USING OR ACCESSING THE SERVICE OR ANY RELATED FAB BUILDER OFFERINGS AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND SUCH ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO DO SO AND SHALL BE LIABLE TO FAB BUILDER FOR ANY VIOLATIONS UNDER THE AGREEMENT BY YOU OR SUCH ENTITY. THE RIGHTS GRANTED UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.

Who is Who

As used in the Agreement, “You” means the individual or entity you are accessing the Sites or using the Service on behalf of. As used in the Agreement, Affiliates means, with respect to a party, an entity that directly or indirectly controls (e.g., subsidiary), is controlled by (e.g., parent), or is under common control with (e.g., sibling) such party; and the term “control” (including the terms “controlled by” and “under common control with”) means either: (a) ownership or control of more than 50% of the voting interests of the subject entity; or (b) the power to direct or cause the direction of the management and policies of an entity, whether through ownership, by contract, or otherwise.

Welcome to FAB Builder’s Terms of Service! In these grey boxes, you'll find our plain-English Terms of Service. This part isn’t legally binding, so please use this column only as an aid when reviewing the legal language.

Signing Up

To access and use the Service, you must register for an account with FAB Builder (“Account”). To complete your Account registration, you agree to provide us with complete and accurate information and to keep that information current so that we can communicate with you about your Account. We may need to send you notices about important updates (like changes to these Terms or our Privacy Policy), or to inform you of legal inquiries we receive about your use of the Service so you can make informed choices in response. We encourage you to provide your own (or your company’s) contact and billing details, including your valid, current email address, as we may use it to identify and determine the actual and true owner of the Account and/or User Content (as defined below). FAB Builder reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames.

You need to sign up for an free Account to use FAB Builder. For Download of Code you need to buy it from your credit score We may send you occasional emails about FAB Builder updates or your account.

Primary Email Address

You acknowledge that FAB Builder will use the email address you provide upon creating an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to FAB Builder and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with FAB Builder can only be authenticated if they come from your Primary Email Address.

Your Responsibility for Your Account

Please safeguard your Account and make sure others don't have access to your passwords and/or other authentication credentials (e.g., your Primary Email Address). You are responsible for taking all steps to ensure that no unauthorized person shall have access to your Account or Primary Email Address. If anyone other than yourself accesses your Account, they may perform any actions available to you and make changes to your Account and User Content. You agree that FAB Builder shall have no liability for any loss or damage resulting from your failure to maintain the security of your Account information. You agree to immediately notify us of any unauthorized use of your Account or password. If we believe your Account has been compromised, we may suspend or disable it until such time that the matter has been resolved.

Keep your password safe and let us know if you detect any unusual behavior on your account immediately. Use the account settings to make any changes to your account or just contact us.

Disputes

If there is a dispute about Account or User Content ownership, we reserve the right to determine ownership based on our reasonable judgment in our sole discretion, whether or not an independent investigation has been conducted. However, if we cannot make such a determination, we reserve the right to not intervene in the dispute, suspend any Account(s) involved in the dispute, and/or take down User Content until the parties disputing such ownership reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, trademark certification) that may assist us in determining ownership. Below is a non-exhaustive set of factors we will consider when determining proper ownership:

FAB Builder will consider the owner of an Account as the person or entity who has access to the Primary Email Address for such Account.

FAB Builder will consider the owner of User Content as the person or entity who has access to the Primary Email Address for the Account under which such User Content was created.

Notwithstanding the foregoing, if FAB Builder deems that the circumstances justify, FAB Builder shall have the exclusive right to adjudicate the ownership dispute of an Account and/or User Content in its sole discretion based on any information in its possession, including the factors set forth above.

Uploading User Content

If you have a FAB Builder Account, the Service may allow you to, among other things, publish or upload content to the Internet, including, but not limited to, website templates, blog or forum posts, images, photos, and videos. Any content you submit, post, display, or otherwise make available on or via the Service, including all Intellectual Property Rights (defined below) therein, is referred to as your “User Content.” To the maximum extent permitted by law, you agree to be fully responsible for the User Content that you create or submit to the Service and you further agree not to use the Service to create or submit any User Content that does not comply with the Agreement, including, but not limited to, FAB Builder’s Acceptable Use Policy. Please note that any website templates submitted to FAB Builder must comply with the Template Submission Guidelines.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

Rights you Grant

You retain ownership of your User Content. However, in order to provide the Service to you and others we need certain rights from you, as more fully described below. You alone are responsible for any of your User Content that may be lost or unrecoverable through your use of the Service. Accordingly, we encourage you to archive your User Content regularly and frequently. We have no obligation to store, maintain, or provide you a copy of your User Content.

When you upload content to FAB Builder, you will still own it, but we require your authorization to use it in certain ways to provide, improve, protect, and promote the Service. For example, when you upload a photo, you also are authorizing us to save it and display it on your site or app. We also have the limited right to feature your sites or apps and content solely to promote FAB Builder, which you may opt out of.

License to FAB Builder

By providing User Content to the Service, you grant FAB Builder (including our third party hosting providers acting on our behalf) a non-exclusive, royalty-free, transferable, sub-licensable, worldwide right and license to use, modify, reproduce, display, and distribute your User Content on the Service for the limited purposes of operating and providing the Service to you (“User Content License”). You understand and agree that the Service is a public platform and other users may search for, see, use, and/or re-post any User Content that you make publicly available on the Internet via the Service.

Removal of User Content by You

You may remove your User Content from and discontinue your use of the Service at any time. You must remove your User Content if you no longer have the rights required by these Terms.

Removal of User Content by FAB Builder

If any of your User Content (1) breaches the terms of this Agreement, including but not limited to the Acceptable Use Policy, or (2) causes or may cause harm to FAB Builder, our users, or third parties, we reserve the right to limit, remove, or otherwise disable some or all of such User Content in our sole discretion. We will use reasonable efforts to notify you prior to taking any such action unless we reasonably believe that doing so would: (a) breach the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for FAB Builder; (b) compromise the integrity or operation of the Service; or (c) cause harm to any user, other third party, or FAB Builder.

You are solely responsible for the content you publish using FAB Builder, and by publishing any content you are confirming that the content does not violate these Terms, including our Acceptable Use Policy. Please follow our rules and don’t do anything illegal with our platform, and keep in mind that what you publish may be publicly available online.

Rights to User Content

You represent and warrant that you own or otherwise have obtained and shall maintain all necessary licenses, authorizations, rights, approvals, and permissions necessary to enter into and perform your obligations or exercise your rights hereunder, including without limitation the rights to display your User Content in the manner set forth in this Agreement. You represent and warrant that your User Content, and any use of your User Content by FAB Builder as authorized under this Agreement, will not infringe, misappropriate, or otherwise violate the Intellectual Property Rights or other rights of any third party.

Compliance with Applicable Law

You represent and warrant that your use of the Service, including your User Content, shall comply with all applicable laws, rules, and regulations, including without limitation applicable privacy and data protection laws and applicable export or import controls, regulations, and sanctions.

Compliance with our Acceptable Use Policy

You represent and warrant that your use of the Service, including any User Content you create or publish via the Service shall comply with our Acceptable Use Policy.

End Users

FAB Builder has no relationship to the end users or website/app visitors of the sites/apps you build with FAB Builder, so we are not responsible for how you handle their information.

So you should make sure to

• Protect the info you gather on your apps and sites
• Let people know if their data may have been accessed in the event of a security breach
• Let your website or app visitors know what info you gather and how it will be used
• Get consent to said gathering and usage
• Publish a privacy policy that clearly and accurately describes the info you collect and how you’ll use it
• Respond appropriately to users wishing to exercise their privacy rights, such as the right to be forgotten or have their data deleted.

Roles

For the purposes of this Agreement, FAB Builder is acting as a “service provider” to you, and you are a “customer” of the Service, regardless of whether you pay fees to obtain the Service. Any natural persons accessing or using your User Content are deemed your “End Users.” You agree that FAB Builder does not have a direct relationship with any of your End Users and FAB Builder is not responsible for how you process or otherwise handle any End User information. You acknowledge and agree that you are solely responsible for (1) providing any required notices and (2) obtaining all End User consents required under applicable data protection and marketing laws.

Applicable laws

You may have additional obligations under local law other than those described in these Terms, particularly if you or your End Users are located outside of the United States. Such obligations may be more restrictive than these Terms. Use of the Service does not ensure compliance with such laws, nor is FAB Builder responsible for your compliance with such laws.

Security safeguards

You will use all reasonable efforts to protect information collected from End Users via your use of the Service, including any personal information obtained from unauthorized access or use of your Account. You are solely responsible for configuring and implementing security controls to properly manage and secure your website cookies, website headers, DNS configurations, and subdomains, as well all similarly related web attributes. In the event you discover that any End User information collected by you has been breached, compromised, or inadvertently exposed to non-authorized third parties, you shall notify FAB Builder promptly of such a breach or exposure including the root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future.

Security notification

You are responsible for providing any applicable notices to your End Users, third parties, or authorities under any applicable data breach notification statutes and related laws. You acknowledge and agree that you are solely responsible for any losses, personal injury, or property damage to End Users arising from or relating to your use of the Service.

Privacy

As set forth above, you acknowledge and agree that you are solely responsible for providing any required notices and obtaining all required consents from End Users in connection with your use of the Service. Your notice and consent must be compliant with all applicable data protection and security laws and regulations. Without limiting the foregoing, before collecting or using any End User information, you must provide adequate notice of the End User information you collect, how it will be used and/or shared, and obtain any necessary consents required under the applicable data protection laws and regulations. You agree to comply with all applicable data protection laws and regulations (including those applying to personal information) in connection with your access and use of the Services. You will respond to any End Users wishing to exercise their privacy rights, under the applicable law, as it relates to any information collected via your use of the Services. For example, if End Users located in certain jurisdictions may exercise a “right to be forgotten” (or “erasure”) to the information you have collected about them, you shall comply with their request as required by applicable law. For clarity, you (or, the “data controller”) are directly responsible for the End User information you instruct FAB Builder to process when you use the Service, including any information you instruct a third-party application (made available via the Service), to process. FAB Builder is not a data controller of End User information and is not responsible for responding to End Users on your behalf. To the extent FAB Builder receives a request from an End User or authority about your use of the Service, FAB Builder will notify you in compliance with or as permitted by law. To the extent that FAB Builder processes personal information of your End Users, FAB Builder does so as a “data processor” or “service provider” under applicable data protection law. If applicable, FAB Builder shall process your End Users’ personal information in accordance with our Data Processing Addendum, which is hereby incorporated by reference.

Notice

You agree to provide and adhere to a privacy policy for your use of the Service that: (i) complies with all applicable laws, rules, and regulations, (ii) is conspicuously displayed to all End Users, and (iii) clearly and accurately describes to End Users what information you collect (such as login information, contact form data, cookies, etc.) and how you use and share such information (including for marketing and advertising) with FAB Builder and other third parties.

Use of Software

To the extent you access or use any downloadable software components related to the Service (“Software”), such access or use shall be governed by the terms of the license agreement that accompanies the Software or is posted with the Software on the Sites where the Software can be accessed; however, if no such license agreement is made available, we grant you a limited, revocable, worldwide, royalty-free, non-assignable, non-sublicensable, and non-exclusive license to use the object code of such Software for your personal, non-commercial use in accordance with these Terms. In the event of any inconsistency between these Terms and any license agreement, the license agreement shall govern in relation to the Software.

You may not decompile, reverse engineer, or otherwise attempt to discover the source code of the Software. You do not have the right to sublicense the Service, download or modify any portion of the Service, or resell the Service. If you violate the Terms, we reserve the right to terminate your access to the Service without notice.

The Software may automatically update from time to time. These updates are designed to improve, enhance, and further develop the software and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit us to deliver these to you with or without your knowledge) as part of your use of the Software.

User Content; No Responsibility of FAB Builder

FAB Builder customers can add a range of content to our platform. FAB Builder is not responsible for any user or any content that you or any other user or third party posts or sends through our platform.

To the extent permitted by law, you acknowledge and agree that FAB Builder is not undertaking and assumes no responsibility, obligation or liability relating to User Content that you or any other user or third party posts or sends via the Service. FAB Builder, its successors, assigns, employees, agents, directors, officers, and stockholders (i) do not undertake or assume any duty to monitor the Service for inappropriate or unlawful content and (ii) assume and shall have no responsibility or liability which may arise from your or any other user’s User Content, including, but not limited to, third-party claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. You agree that you are solely responsible for your User Content and the consequences of posting or publishing it, and that FAB Builder is only acting as a passive conduit and service provider for the online distribution and publication of your User Content. Notwithstanding the foregoing, FAB Builder reserves the right to take down User Content at any time in our sole discretion.

For the avoidance of doubt, we have not reviewed, and cannot review, all of the User Content published to or made available through the Service by our users or anyone else. We are not responsible for and do not necessarily hold the opinions expressed by our customers, users, content contributors, and third parties; such opinions and other statements are theirs alone, not opinions of FAB Builder. User Content created by users or third parties is the sole responsibility of such users or third parties and its accuracy and completeness are not endorsed or guaranteed. You may find certain User Content offensive, indecent, or objectionable; includes technical inaccuracies, typographical mistakes, or other errors; or violates or infringes the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties. We do not endorse any User Content or represent that any User Content is accurate, useful, or not harmful.

Links

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

FAB Builder links to a lot of third-party sites that have their own terms of service, which are distinct from ours.

We provide a list of developers for hire. We have not vetted these developers, so please do that yourself before hiring anyone.

We provide templates and modules that are created by other users and we can’t guarantee the quality of these materials. Reach out to the creator if you need help. Every template and module page has an area where you can comment and ask for help!

FAB Builder IP

Except for your User Content, all materials on or inherent to the Service, including the microservices, mini-applications, connectors and API-proxy that allow integrations with other applications and services (“Integrations”), the Service itself, and all Intellectual Property Rights contained therein or related thereto, including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, “FAB Builder IP”), including but not limited to the design, structure, arrangement, logic, database schema, endpoints and “look and feel” of FAB Builder IP, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other Intellectual Property Rights and laws.

Other than as provided herein, FAB Builder does not grant to you or any user any license, express or implied, to FAB Builder IP. Except as expressly provided in the Agreement, no part of the Service or FAB Builder IP may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.

Subject to the terms and conditions of this Agreement, FAB Builder provides you with a non-exclusive, revocable license to use the Service, including the Integrations, as expressly permitted by the features and functionality of the Service and the terms of this Agreement. FAB Builder may terminate this license at any time for any reason or no reason.

Feedback

We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your non-confidential Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.

Any feedback sent to FAB Builder is owned by FAB Builder and can be used or distributed by FAB Builder in any manner and without cost.

Beta Services

From time to time, FAB Builder may, in our sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all customers (“Beta Services”). Beta Services are not part of the Service, and your use of any Beta Services is entirely optional at your election. Beta Services may be subject to additional terms and conditions, which FAB Builder will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered FAB Builder IP and subject to this Agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without FAB Builder’s prior written consent. FAB Builder makes no representations or warranties as to how the Beta Services will function. FAB Builder may discontinue the Beta Services at any time in its sole discretion. FAB Builder will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. FAB Builder may change or not release a final or commercial version of a Beta Service in our sole discretion.

Unless otherwise noted, information published on this site constitutes copyrighted works of FAB Builder or our licensors.

Third-party information, such as data accessed through a service on FAB Builder, is subject to the copyrights of those third-party systems.

Important Things We Can Do

We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Service and its functionality; (b) we may suspend or discontinue parts or all of the Service; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Service; (d) we may terminate, suspend, restrict or disable access to your Account or parts, some of, or all of your User Content; and (e) we may change our eligibility criteria to use the Service (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Service in that jurisdiction).

Ownership Disputes

Sometimes ownership of an Account or site is disputed between third parties, such as a business and its employees, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine the rightful Account or site owner and to transfer an Account or site to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend or disable an Account and its related User Content until the disputing parties reach a resolution. We also may request documentation to help determine the rightful owner, including but not limited to a government-issued photo ID, credit card invoice, or business license.

We reserve the right to change our fees and to institute new charges at any time (including, for clarity, for any renewal), upon notice to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by FAB Builder in our sole discretion. Your use of the Service following such notification constitutes your acceptance of any new or increased fees.

Like other products, some of our services have fees where noted. You are responsible for paying these and any associated taxes. We don’t provide refunds.

Confidential Information

We (the “Discloser”) have disclosed or may disclose proprietary or non-public business, technical, financial, or other information (“Confidential Information”) to you (the “Recipient”). Our Confidential Information expressly includes non-public information regarding features, functionality, and performance of the Services, including security and reliability related information.

Obligations

The Recipient will use the Discloser’s Confidential Information only for the purpose of evaluating whether or not to use (or continue to use) the Services. The Recipient will not disclose the Discloser’s Confidential Information to parties other than the Recipient’s employees, contractors, affiliates, agents, or professional advisors (“Representatives”) who need to know it and who have a legal obligation to keep it confidential. The Recipient will ensure that its Representatives are subject to no less restrictive confidentiality obligations than those herein. Notwithstanding the foregoing, the Recipient may disclose the Discloser’s Confidential Information: (a) if directed by Discloser; or (b) to the extent required by applicable legal process, provided that the Recipient uses commercially reasonable efforts to (i) promptly notify the Discloser in advance, to the extent permitted by law, and (ii) comply with the Discloser’s reasonable requests regarding its efforts to oppose the disclosure. The obligations set forth herein will survive for so long as these Terms are in effect between the parties and for five years thereafter.

Both you and FAB Builder agree to use the Confidential Information of the other only to perform the obligations and/or exercise the rights in these Terms. Confidential Information must be protected and respected.

Disclaimer of Warranties and Limitation of Liability

THE SERVICE AND ALL FAB BUILDER IP 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 FAB BUILDER IP IS TO STOP USING THE SERVICE OR ANY SUCH FAB BUILDER IP. IN NO EVENT SHALL WE OR OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS 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 FAB BUILDER IP, 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, FAB BUILDER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF FAB BUILDER IP; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION, INCLUDING PERSONAL INFORMATION OR FINANCIAL INFORMATION, STORED THEREIN; (IV) ANY ERRORS, MISTAKES, LOSSES, DAMAGE OR UNAUTHORIZED ACCESS RESULTING FROM THE USE OF THIRD PARTY APPLICATIONS BY YOU, BY YOUR END USERS, OR BY FAB BUILDER ON YOUR BEHALF; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN ANY FAB BUILDER IP OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY FAB BUILDER IP POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FAB BUILDER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS RELATED TO THIS AGREEMENT IN AN AMOUNT EXCEEDING $100.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FAB BUILDER 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 AND WILL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

SOME STATES 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 WHICH VARY FROM STATE TO STATE.

FAB Builder is provided as-is. We try to make sure it works perfectly all the time, but if something happens to go wrong, please understand our liability is limited as you are using the Service at your own risk.

As we have no oversight of what you publish using our platform, if someone brings a claim against FAB Builder related to your content or your use of the Service, you are obligated to pay for the cost of defending such claims and any losses or damages FAB Builder incurs.

Changes to the Service

FAB Builder 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, downgrade, suspend, or prohibit your access to the Service without prior notice and liability for any or no reason, including if, in our sole determination, you violate any provision of this Agreement. You may discontinue or terminate your use of the Service at any time.

FAB Builder reserves the right to update, change, or terminate the Service and/or your access to it for any reason in our sole discretion.

Amendments, Notification Procedures, and Updates to the Agreement

We reserve the right, in our sole discretion, to modify, update, or change these Terms from time to time (such modified Terms, the "Updated Terms"), so we encourage you to review this page periodically. Notwithstanding, when we change the Agreement in a material manner, we will update the “Last Modified” date at the top of this page and use reasonable efforts to provide you with reasonable advance notice before the Updated Terms become effective. FAB Builder may provide such notifications, whether the notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Service, as determined by FAB Builder in our sole discretion. We reserve 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 by contacting us at www.fabbuilder.com. You may be required to click-to-accept or otherwise agree to these Updated Terms, but in any event your continued use or access of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. Updated Terms will be effective as of the date specified in the “Last Modified” date at the top of this page, and will apply to your use of the Service from that point forward. The previous Terms (or Updated Terms) will govern any disputes arising before the effective date of the applicable Updated Terms. If you do not agree to these Terms or any future Updated Terms, you may not use or access (and must discontinue any use or access to) the Service. FAB Builder is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

We may change or update the Terms or our pricing from time to time in our usual course of business. If we do, we'll make sure to give you notice of any Updated Terms (e.g., we will post a note on our website or email you). Your continued access and use of FAB Builder after the Updated Terms are published shall constitute your acceptance of such terms.