Terms of Use

Terms of Use Agreement (Builda)

Effective as of June 6nd, 2026

Last updated: June 6nd, 2026

_ (Version 1.0)_

We sincerely welcome you and thank you for your interest in Oceano HK Holding Limited (“Company”) and our products/services. Builda is provided primarily through our mobile application (the “App” or “Application”), together with any related website and other features, resources and services we make available (each a “Service” and collectively, the “Services”). The Company, together with our affiliates and service providers, is referred to as “Builda”, “we”, “us”, or “our”. These Terms of Use are a legally binding contract between you and Builda regarding your use of the Services.

The Builda Services allow users to convert unstructured data—such as text, images, videos, and sensor inputs from real or virtual-world objects and environments—into AI-driven 2D/3D content, including images, models, textures, animations, and interactive elements. To use the service, users are required to provide data, such as text prompts, videos and photos of objects, spaces, and locations. Our proprietary 2D/3D foundation model is then applied to generate tailored content. You may also be able to order customized physical products (such as figurines, accessories and keycaps, etc.) that are produced based on your content, and to use community, publishing and related features, as further described in this Agreement.

Various options within the Builda Service are available at no cost, while others necessitate payment through different subscription plans, including both one-time and recurring payments.

**PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS OF USE") CAREFULLY: **

These Terms of Use govern the use of the website and apply to all internet users visiting the Services, including the App and any related website.

By downloading, installing, accessing or using the App or any other part of the Services in any way, by clicking on the "I Accept" button, and/or completing the registration process, you represent that:

The term "You" refers to the individual or legal entity, as applicable, identified as the user when you registered to use the Services. If you do not agree to be bound by the Terms of Use, you may not access or use the App or other Hitens Services.

Please be aware that section 16 (dispute resolution) of this agreement, below, contains provisions governing how disputes that you and we have against each other are resolved, including, without limitation, any disputes that arose or were asserted prior to the effective date of this agreement. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement:

Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the "Agreement."

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY BUILDA AI AT ITS SOLE DISCRETION, AT ANY TIME.

When changes are made, Company will make a new copy of the Terms of Use Agreement available at the App (and on any related website) and any new Supplemental Terms will be made available from within, or through, the affected Service on the App (and on any related website). We will also update the "Last Updated" date at the top of the Terms of Use Agreement.

Company may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).

PLEASE REGULARLY CHECK TO VIEW THE THEN-CURRENT TERMS IN THE APP.

1. USE OF THE SERVICES AND COMPANY PROPERTIES

1.1 Use of Services. You may use Builda Services to convert unstructured data—such as text, images, videos, and sensor inputs from real or virtual-world objects and environments—into AI-driven 2D/3D content, including images, models, textures, animations, and interactive elements. To use the service, users are required to provide data, such as text prompts, videos and photos of objects, spaces, and locations. Our proprietary 2D/3D foundation model is then applied to generate tailored content. You may also be able to order customized physical products (such as figurines, accessories and keycaps, etc.) that are produced based on your content, and to use community, publishing and related features, as further described in this Agreement.

1.2 Company Properties. The App, any related website, and other Builda Services, (as these terms are defined herein) (collectively, the "Company Properties") are protected by copyright and other applicable laws throughout the world. Unless otherwise specified by Company in a separate license, your right to use any and all Company Properties is subject to the Agreement.

1.3 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions:

2. REGISTRATION

2.1 Registering Your Account. In order to access certain features of Builda you may be required to become a Registered User. For purposes of the Agreement, a "Registered User" is a user who has registered an account to use the Services ("Account").

2.2 Registration Data. In registering an account or otherwise using the Services, you agree to:

2.3 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Builda.

3. RESPONSIBILITY FOR CONTENT

3.1 Types of Content. You acknowledge that all text, images, video, audio, audio-visual, materials and other content (collectively, "Content"), is the sole responsibility of the party from whom such Content originated. This means that you, and not Company, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through Builda ("Your Content"), and that you and other Registered Users of Company Properties, and not Company, are similarly responsible for all Content that you and they Make Available through Builda ("User Content").

3.2 No Obligation to Pre-Moderation of Content. You acknowledge that Builda has no obligation to pre-moderate Content (including, but not limited to, User Content), although Builda reserves the right in its sole discretion to pre-moderate, refuse or remove any Content.

By entering into this Agreement, you hereby grant your irrevocable consent to such moderation. In the event that Builda pre-moderates, refuses or removes any Content, you acknowledge that Builda will do so for Builda’s benefit, not yours. Without limiting the foregoing, Builda reserves the right to remove any Content that violates this Agreement or is otherwise deemed objectionable.

3.3 Storage. Unless expressly agreed to by Builda in writing elsewhere, Builda has no obligation to store any of Your Content that you Make Available on Builda Properties. Builda has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Company Properties.

Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Builda retains the right to create reasonable limits on Builda’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the Services and as otherwise determined by Builda in its sole discretion.

3.4 Public Content and Community. The Services provided by Builda include community and publishing features that allow you to make Your Content (including Outputs and related descriptions) publicly available, for example by posting to public feeds such as the creation showcase. If you choose to make Your Content public, you understand that it may be viewed, accessed, shared and used by other users and the public, and that other users may interact with it, including through comments, follows, and “want it” or similar actions. You are responsible for Your Content and for deciding whether and what to publish, and you should not publish any content that is private or confidential or that you do not have the right to share. To operate these features, you grant us a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers) license to host, store, reproduce, adapt (for example, for formatting and thumbnails), publish, publicly display, publicly perform and distribute the Content you choose to make public, within and in connection with the operation and promotion of the Services. This license ends when you delete the relevant Content or close your account, except to the extent the Content has been shared with or re-posted by others who have not deleted it, or as needed to comply with law or for security or routine back-up purposes.

3.5 Community Guidelines. When using community features, you must comply with this Agreement, including the User Conduct restrictions below, and any community guidelines we may publish. We may, but are not obligated to, review, moderate, refuse, restrict, remove or disable access to any Content or interaction, and may limit or revoke your access to community features, at our discretion, including where we believe that Content or conduct violates this Agreement, our guidelines or applicable law.

3.6 Reporting and Takedown. If you believe that Content available through the community features violates this Agreement, our guidelines, or your or another party’s rights, you may report it to us using the in-product reporting tools or by contacting us at the address set out in the “Notice” section. For claims of intellectual-property infringement, please follow the procedure in the “Copyright Complaints” section below. We will review reports and may take any action we consider appropriate, but we do not guarantee that any particular Content will be removed.

3.7 Creator Rewards. We may, from time to time, offer programs through which creators may receive rewards, benefits or a share of revenue in connection with their Content—for example, where your Content is purchased or customized by others, or where you enter into a separate creator agreement with us. Any such rewards, revenue share or benefits, and the related eligibility, terms, payment and tax arrangements, are discretionary and apply only where, and to the extent, we make such a program available to you, and are governed by the applicable separate agreement or program terms, which apply in addition to this Agreement. Where applicable, you are responsible for any taxes arising from any rewards or revenue you receive, and you authorize us and our payment partners to withhold or report amounts where required by applicable law. Unless and until you are accepted into such a program and agree to its terms, you are not entitled to any payment, reward or revenue share for your Content.

4. OWNERSHIP

4.1 Company Properties. Except with respect to Your Content and User Content, you agree that Company and its suppliers own all rights, title and interest in Company Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Company Properties.

4.2 Your Content. Builda does not claim ownership of your content. However, when you as a Registered User post or publish Your Content on or in Builda, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

4.3 License to Your Content. Subject to any applicable account settings that you select, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Builda to you and to our other Registered Users.

Please remember that other Registered Users may search for, see, use, modify and reproduce any of Your Content that you submit to any "public" area of Company Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

You agree that you, not Company, are responsible for all of Your Content that you Make Available on or in Company Properties. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Company in its sole discretion. You may not post or submit for print services a photograph of another person without that person’s permission.

This license terminates when you delete the relevant Your Content or close your account, except for (a) copies already shared with or re-posted by other users, (b) routine back-ups, and (c) retention required by applicable law.

4.4 No Infringement Misappropriation and Claims. You hereby represent and warrant that Your Content and your use of any User Content have not violated, infringed or misappropriated any Intellectual Properties of any person or entity.

For the purposes of these Terms of Use, “Intellectual Properties” means any and all of the following:

4.5 User Inputs and Outputs. Builda utilize artificial intelligence to process user inputs to the Company Properties, such as text and image prompts or other content (the "Input"), and generate and return outputs based on such Inputs (the "Output"). As set forth in these Terms of Use, Builda reserves the right, but not the obligation, to review or monitor Inputs and Outputs using automated and manual tools.

Builda does not claim ownership of any of your Inputs or Outputs. As between you and us, you retain all ownership rights you may have in your Inputs and Outputs. You acknowledge that we may use Inputs and Outputs to operate the Services and to train, enhance, evolve and improve our own AI models, algorithms and related technology, products and services (including for labeling, classification, content moderation and model-training purposes). Where feasible, we anonymize or de-identify such data before using it for these purposes, and you may opt out of the use of your Inputs and Outputs to train our models as described in the Privacy Policy.

Certain generation features may transmit your Inputs to, and rely on, third-party AI models and tools, whose processing of your Inputs is governed by their own terms in addition to this Agreement.

To enable the foregoing, you grant us a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers) license to host, store, reproduce, modify (for example, for formatting and technical adaptation), process and use your Inputs and Outputs as necessary to provide, secure, operate and improve the Services and our models for the purposes described above, consistent with our Privacy Policy and subject to the choices (including the training opt-out) described therein. This license ends when you delete the relevant Inputs or Outputs or close your account, except (i) to the extent they have been shared with others who have not deleted them, (ii) with respect to anonymized, de-identified or aggregated data, and (iii) as needed to comply with law or for security, dispute-resolution or routine back-up purposes.

**4.6 Nature of AI Outputs; Transparency. **You understand and agree that Outputs are generated by artificial intelligence. Outputs may be inaccurate, incomplete, out of date, or otherwise inappropriate; may not be unique; and the same or similar Outputs may be generated for other users. Outputs do not constitute professional, legal, medical, financial or other advice and should not be relied upon as such. Given the nature of machine learning, Outputs may not be unique across users and may resemble Outputs provided to others. You are solely responsible for evaluating Outputs and for your use of any Inputs and Outputs, including for verifying their accuracy and suitability and for ensuring that your Inputs and your use of Outputs comply with this Agreement, applicable law and any third-party rights, and that, where required by applicable law, you clearly disclose that content was generated using artificial intelligence.

**4.7 Restrictions on AI Features and Outputs. **In connection with the AI features and any Outputs, you shall not: (a) remove, obscure, alter or fail to display any notice, watermark, metadata or label indicating that content is AI-generated; (b) represent that Outputs were created by a human where doing so is prohibited by, or would be misleading under, applicable law; (c) use any Inputs, Outputs or other part of the Services to develop, train or improve any artificial-intelligence or machine-learning model, algorithm or product that competes with the Services or our models, or to engage in model extraction, scraping or reverse engineering; or (d) use the AI features to generate, or attempt to generate, any content that violates the “User Conduct” section below or applicable law.

4.8 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on , you hereby expressly permit Builda to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

4.9 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Builda through its suggestion, feedback, wiki, forum, or similar pages ("Feedback") is at your own risk and that Builda has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the feedback.

You hereby grant to Builda a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Builda and/or Builda’s business.

5. NEGATIVE USER CONDUCT

5.1 Restriction on Use. The rights granted to you in the Agreement are subject to the following restrictions:

5.2 User Conduct As a condition of use, you agree not to use Builda for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party to):

6. INVESTIGATIONS

Builda may, but is not obligated to, monitor or review Builda and Content at any time. Without limiting the foregoing, Company shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law.

Although Company does not generally monitor user activity occurring in connection with Builda or Content, if Builda becomes aware of any possible violations by you of any provision of the Agreement, Company reserves the right to investigate such violations, and Company may, at its sole discretion, immediately terminate your license to use Company Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

7. INTERACTIONS WITH OTHER USERS

7.1 User Responsibility. You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that Company reserves the right, but has no obligation, to intercede in such disputes. You agree that Company will not be responsible for any liability incurred as the result of such interactions.

7.2 Content Provided by Other Users. Builda may contain User Content provided by other Registered Users. Company is not responsible for and does not control User Content. Company has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Registered Users at your own risk.

8. FEES AND PURCHASE TERMS

8.1 Payment. When you purchase our Services (each such purchase), you expressly authorize us or our third-party payment processor to charge you for such Services. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Builda with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) through a payment provider ("Payment Provider"), or purchase order information, as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities.

By providing Company with your credit card number or PayPal account and associated payment information, you agree that Company is authorized to immediately invoice your Account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit card or PayPal account used for payment hereunder. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on Builda or by e-mail delivery to you.

8.2 Excessive Usage. We shall have the right at our sole discretion, including but not limited to where Paid Users are believed to have misused the Service or otherwise use the Service in an excessive manner compared to the anticipated standard use (at our sole discretion), to charge a different price for the Subscription and/or impose additional restrictions as for the upload, storage, download and use of the Service, including but not limited to, restrictions on Third Party Services, network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of download time, etc.

8.3 You represent and warrant that you have the legal right to use all payment methods that you provide to us.

8.4 Withholding Taxes. You agree to make all payments of fees to Company free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Company will be your sole responsibility, and you will provide Company with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

8.5 Purchases of Physical Products. The Services may allow you to order customized physical products (such as figurines, accessories and keycaps, etc.) that are produced based on your Outputs. Product descriptions, options, availability and prices are as shown at the point of sale and may change at any time. Your order constitutes an offer to purchase, and a contract is formed only when we (or the applicable seller) accept your order; we may decline or cancel an order, for example due to errors in price or availability, suspected fraud, or inability to fulfill. Unless stated otherwise, prices are exclusive of taxes, duties and shipping, for which you are responsible. You should pay attention to the security of your account and payment information when transacting, and payments are processed by third-party payment providers as described in Section 8.1.

8.6 Shipping and International Delivery. Physical products are produced and shipped through our production and logistics partners, and any delivery dates or times are estimates only. For international orders, you act as the importer and are responsible for any customs duties, import taxes and other charges and for ensuring that the products may lawfully be imported into the destination. Except as otherwise required by applicable law, title and risk of loss for physical products pass to you upon our delivery of the products to the carrier.

8.7 Cancellations, Returns and Refunds. Because many products are customized or made to order specifically for you, you should be aware that such products may not be eligible for cancellation, return, exchange or refund once production has begun, except where they are defective or damaged or as otherwise required by applicable law. Any cancellation, return, exchange or refund rights, together with the applicable procedures and timeframes, are as described on the relevant product or checkout page, or in any separate refund policy we make available, which applies in addition to this Agreement. Nothing in this Agreement limits any non-waivable consumer rights you may have under applicable law.

8.8 Points and Credits. The Services may offer points, credits or similar virtual items (“Credits”) that can be used to access certain features such as content generation. Credits have no monetary value, are not your property, cannot be exchanged for cash, and are non-transferable. Unless otherwise stated or required by applicable law, Credits are non-refundable and may expire. We may modify, suspend or discontinue Credits or change the features they unlock at our discretion; where a change would materially and adversely affect Credits you have already purchased, we will provide reasonable prior notice or obtain your consent where required by applicable law.

8.9 “Want It” and Promotions. The Services may offer the “want it” feature and related discounts and promotions, which you may obtain or use in connection with eligible products, referrals or purchases. Any such benefits have no monetary value, are not your property, are non-transferable, and may be subject to additional rules, eligibility requirements and expiration dates. We may modify, limit, suspend or discontinue these features and promotions at our discretion; where a change would materially and adversely affect benefits you have already earned, we will provide reasonable prior notice or obtain your consent where required by applicable law.

8.10 Referral Program. If we offer a referral program, you may earn benefits for referring new users in accordance with the applicable program rules. Referrals must be genuine; you may not refer yourself, create fake or duplicate accounts, or use spam or other prohibited methods. We may withhold or revoke benefits and suspend participation in cases of suspected fraud, abuse, or violation of the program rules or this Agreement, and we may modify or terminate the program at any time, subject to applicable law.

9. INDEMNIFICATION

You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Company Party" and collectively, the "Company Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following:

This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Company Properties.

10. DISCLAIMER OF WARRANTIES AND CONDITIONS

10.1 As Is.

**YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF BUILDA IS AT YOUR SOLE RISK, AND BUILDA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. **

Company parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the Services.

10.2 No Liability for Conduct of Third Parties.

**YOU ACKNOWLEDGE AND AGREE: **

Company parties are not liable, and you agree not to seek to hold company parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you.

10.3 No Liability for Conduct of Other Users. You are solely responsible for all of your communications and interactions with other users of company properties.

**YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF COMPANY PROPERTIES. **

Company makes no warranty that the goods or services provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Company makes no warranty regarding the quality of any such goods or services, or the accuracy, timeliness, truthfulness, completeness or reliability of any user content obtained through company properties.

10.4 Third-Party Materials. As a part of Company Properties, you may have access to materials that are hosted by another party.

YOU AGREE THAT IT IS IMPOSSIBLE FOR COMPANY TO MONITOR SUCH MATERIALS AND THAT YOU ACCESS THESE MATERIALS AT YOUR OWN RISK.

11. LIMITATION OF LIABILITY

11.1 Disclaimer of Certain Damages.

**YOU UNDERSTAND AND AGREE THAT: **

To the fullest extent provided by law, in no event shall company parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, in each case whether or not company has been advised of the possibility of such damages, arising out of or in connection with the agreement or any communications, interactions or meetings with other users of company properties, on any theory of liability, resulting from:

11.2 Cap on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF

11.3 User Content. Except for company’s obligations to protect your personal data as set forth in the company’s privacy policy, company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, your content and user content), user communications or personalization settings.

11.4 Exclusion of Damages. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

11.5 Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between company and you.

12. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright or trademark, you are encouraged to contact the infringing party directly. Please also send a notice of claimed infringement to contact@Builda.aimailto:contact@Builda.ai with the subject “Takedown Request,” and include the following:

If the copyright owner’s rights arise under the laws of a country other than the United States, please identify the country. Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.

Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Please note that Builda is not in a position to assess the legal merits of the claims. Any further action, claim or remedy against the infringing user must be undertaken by the aggrieved user.

13. MONITORING AND ENFORCEMENT

Company reserves the right to:

If Company becomes aware of any possible violations by you of the Agreement, Company reserves the right to investigate such violations. If, as a result of the investigation, Company believes that criminal activity has occurred, Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Company Properties, including Your Content, in Company’s possession in connection with your use of Company Properties, to

14. TERM AND TERMINATION

14.1 Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Company Properties, unless terminated earlier in accordance with the Agreement.

14.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of

14.3 Termination of Services by Company. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if Company is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for any termination of your Account.

14.4 Termination of Services by You. If you want to terminate the Services provided by Company, you may do so by (a) notifying Company at any time and (b) closing your Account for all of the Services that you use.

14.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services may also include deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content; provided, that, any of Your Content that you previously Made Available in any "public" areas of the Service may be retained in perpetuity. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

14.6 No Subsequent Registration. If your registration(s) with, or ability to access, Builda or any other Company community, is discontinued by Company due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Builda or any Builda community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Builda to which your access has been terminated. In the event that you violate the immediately preceding sentence, Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

15. INTERNATIONAL USERS

Builda can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Company intends to announce such Services or Content in your country.

16. DISPUTE RESOLUTION

Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the "Company Parties") and limits the manner in which you can seek relief from the Company Parties.

16.1 Applicability of Arbitration Agreement. You agree that any dispute between you and any of the Company Parties relating in any way to the Services or this Agreement, will be resolved by binding arbitration, rather than in court, except that

16.2 Informal Dispute Resolution. There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

17. GENERAL PROVISIONS

17.1 Electronic Communications. The communications between you and Company may take place via electronic means, whether you visit Builda or send Company e-mails, or whether Company posts notices on Builda or communicates with you via e-mail. For contractual purposes, you

17.2 Release. You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Company Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services provided hereunder.

17.3 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

17.4 Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

17.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Company Properties, we will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

17.6 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Builda agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Hong Kong.

17.7 Governing Law.

**THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF HONG KONG, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. **

THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

17.8 Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.

17.9 Notice. Where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. We may deliver notice to you by e-mail, posting a notice in the App or otherwise on the Services or by any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: contact@Builda.ai.

17.10 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

17.11 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

17.12 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

18. ADDITIONAL TERMS FOR APPLICATIONS OBTAINED THROUGH APP STORES

**18.1 General. **Our Builda App may be made available through third-party platforms such as the Apple App Store and Google Play (each, an “App Store”). Your download, installation and use of an App is also subject to the applicable App Store’s terms, including, for Apple, the Apple Media Services Terms and Conditions and, where applicable, Apple’s standard Licensed Application End User License Agreement available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/, and, for Google, the Google Play Terms of Service available at https://play.google.com/about/play-terms/. If this Agreement conflicts with the applicable App Store terms with respect to your use of an App obtained from that App Store, the applicable App Store terms will control to the extent of the conflict.

**18.2 Apple App Store. **If you obtain our App from the Apple App Store, the following additional terms apply, and you acknowledge and agree that: (a) this Agreement is concluded between you and the Company only, and not with Apple Inc. (“Apple”), and Apple is not responsible for the application or its content; (b) Apple has no obligation to furnish any maintenance or support services with respect to the application; (c) your license to use the App is limited to a non-transferable license to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the applicable Apple terms; (d) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App, and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application; (e) Apple is not responsible for addressing any claims by you or any third party relating to the application or your possession or use of it, including product-liability claims, claims that the application fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection, privacy or similar legislation; (f) in the event of any third-party claim that the application or your possession and use of it infringes that third party’s intellectual-property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of such claim to the extent required by this Agreement; (g) you represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (h) you must comply with applicable third-party terms of agreement when using the application; and (i) Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. Any questions, complaints or claims with respect to the application should be directed to the Company at the contact details set out in the “Questions, Complaints, Claims” and “Notice” sections.

**18.3 Google Play. **If you obtain our application from Google Play, you acknowledge that Google is not a party to this Agreement and is not responsible for the application, and that your access to and use of the application is also subject to the Google Play Terms of Service.