Terms of Service for BuildMyAgent

By accessing and using BuildMyAgent.io (the "Site"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Site.

1. Acceptance of Terms
By using the Site, you agree to comply with these Terms of Service and any future modifications.

2. Use of the Service
BuildMyAgent.io provides an AI prompt testing service for testing thousands of conversations in minutes. You agree to use the Site only for lawful purposes and in accordance with these Terms. Unauthorized use of the Site may result in termination of your access.

2.1 Marketplace & Matchmaking Feature
BuildMyAgent includes a marketplace feature where businesses may post projects or describe their AI-related needs, and independent freelancers or agencies may apply by creating public-facing profiles. This feature is intended solely as a matchmaking tool. BuildMyAgent is not a party to any agreement, contract, or transaction between users.

We do not screen, vet, or endorse any users, projects, services, or claims made by users on the platform. It is your sole responsibility to conduct appropriate due diligence before entering into any engagement with another user.

3. Order Processing and Data Collection
Our service uses non-personal data, including web cookies, solely for order processing. Please refer to our Privacy Policy for additional details regarding data collection and usage.

4. Intellectual Property
All content and materials provided on the Site are the intellectual property of BuildMyAgent.io or its licensors. You may not reproduce, distribute, or create derivative works without our prior written consent.

5. Termination
We reserve the right to terminate or restrict your access to the Site at our sole discretion, without prior notice, for conduct that violates these Terms or is harmful to other users or the service.

6. Modifications to the Terms
BuildMyAgent.io may update these Terms of Service at any time. Continued use of the Site after changes are made constitutes your acceptance of the revised Terms.

6.1 Changes to Services
BuildMyAgent.io reserves the right to modify, update, or discontinue features, functionalities, or access to third-party AI models at any time without liability. Continued use of the service after changes are made constitutes your acceptance of the revised service.

7. Governing Law
These Terms shall be governed by and construed in accordance with the applicable laws without regard to conflict of law principles.

8. Pricing and Subscription Changes

8.1 Price Adjustments
BuildMyAgent.io reserves the right to modify subscription prices at any time. If we change pricing, we will notify existing subscribers in advance via email or through the platform. This change applies to new users immediately, while existing subscribers will continue at their current pricing for 3 months before the adjustment takes effect.

8.2 Grandfathered Discounts
Existing customers may receive discounted pricing or special promotions at our discretion. If you have a promotional or grandfathered rate, your discount remains valid as long as you maintain an active subscription. However, we reserve the right to modify discounts with prior notice.

8.3 Cancellation Rights
If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect. Continued use of the service after a price change constitutes acceptance of the new pricing.

9. Refunds & Cancellations

9.1 No Refund Policy
All purchases and subscriptions are final and non-refundable unless otherwise stated. Users can cancel their subscription at any time, and access will continue until the end of the billing cycle.

9.2 Certifications & Badges
BuildMyAgent may provide optional certifications or badges to select freelancers or agencies. These badges are based on internal performance benchmarks or optional platform-based evaluations. A certification badge does not imply endorsement, employment, background checks, or any form of guarantee regarding the individual or their work.

10. No Warranties & Limitation of Liability

10.1 No Warranties
BuildMyAgent.io is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied. We do not guarantee that the service will be uninterrupted, error-free, or meet your specific needs.

10.2 Limitation of Liability
To the maximum extent permitted by law, BuildMyAgent.io, its owners, employees, affiliates, and licensors shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from:

• Your use of third-party services, including API costs, overages, or billing errors incurred while using OpenAI, Anthropic, or any other third-party provider through our platform.
• Any errors, interruptions, or unexpected outputs generated by AI models.
• Loss of profits, business, data, or expected revenue resulting from the use of BuildMyAgent.io.
• Unauthorized access to your account, API key, or personal information due to user negligence.

BuildMyAgent uses third-party AI models, including OpenAI's ChatGPT, to process and respond to user prompts. We do not control how these third-party models generate outputs. Use of these models is subject to the terms and conditions of OpenAI.

By using BuildMyAgent.io, you acknowledge that you are solely responsible for managing your API key usage and associated costs.

10.3 Marketplace Disclaimer & Indemnity
You acknowledge that BuildMyAgent is not responsible for the quality, legality, success, or outcomes of any services exchanged between users.

You agree to indemnify and hold harmless BuildMyAgent, its officers, employees, and affiliates against any disputes, losses, damages, claims, or liabilities that arise from your interactions, transactions, or communications with other users on the platform.

11. Fair Use & User Conduct
You agree not to:
• Use BuildMyAgent.io for any illegal or unauthorized purposes.
• Overload our systems by sending excessive requests beyond normal usage.
• Reverse-engineer, scrape, or attempt to access our backend or algorithms.
Violation of this policy may result in suspension or termination of your account.

11.1 Marketplace Behavior & Communication
Users agree to:
• Submit accurate business information and professional profiles.
• Not post false, misleading, or spam-like applications or project listings.
• Not use the messaging system for unsolicited marketing, scraping, or phishing.
• Acknowledge that messages and links shared in chat are stored for moderation and safety, but not scanned automatically for harmful content.

We may limit posting or messaging frequency to ensure platform quality.

12. Data Security & User Responsibility

12.1 Data Storage & Security
While we take reasonable measures to protect your data, BuildMyAgent.io is not responsible for data breaches, cyberattacks, or unauthorized access beyond our control.

12.2 User Responsibility
Users must take reasonable steps to protect their account, including using strong passwords. BuildMyAgent.io is not liable for any unauthorized account access.

13. Arbitration & Dispute Resolution
All disputes, claims, or controversies arising from these Terms, including but not limited to payment disputes, service changes, and API key usage, shall be resolved exclusively through binding arbitration, except where prohibited by law. This arbitration clause applies to all claims regardless of the legal theory on which they are based.

13.2 Governing Law
These Terms are governed by the laws of Delaware, USA.

13.3 User Disputes
While BuildMyAgent may review user conduct or usage concerns, we do not mediate disputes between users. If you experience an issue with another user, you may contact our support team at albert@testmyprompt.com, but we are not obligated to take action or resolve private contractual disputes.

14. Contact Information
For any questions regarding these Terms of Service, please contact us at: albert@testmyprompt.com

15. AI Messaging & SMS Functionality

15.1 Third-Party Services
BuildMyAgent enables users to connect their own Twilio accounts for the purpose of sending SMS messages using AIs built on our platform. BuildMyAgent does not provide SMS delivery services directly and is not affiliated with Twilio. All SMS delivery and usage is subject to Twilio's own terms and conditions.

15.2 User Responsibilities
Users are solely responsible for:
• Uploading and managing their own contact data.
• Ensuring all recipients have provided proper consent to receive SMS communications.
• Monitoring their Twilio usage and message content.
• Complying with local messaging regulations (including but not limited to TCPA, GDPR, CASL, and other anti-spam laws).

15.3 Liability Disclaimer
BuildMyAgent is not liable for:
• Messages not delivered or blocked by Twilio or carriers.
• Regulatory violations caused by user-uploaded contact lists or message content.
• Any charges incurred through the user's Twilio account.

16. Affiliate Links & Promotions

16.1 Affiliate Program
BuildMyAgent may display affiliate links, promotions, or referral programs that allow users to earn commissions or discounts by sharing BuildMyAgent with others. We use third-party platforms like Rewardful to track referrals and commissions.

16.2 Program Terms
By participating in our affiliate program, you agree to abide by the program's terms and not engage in deceptive, misleading, or spammy practices. We reserve the right to modify or terminate the affiliate program at any time.

By using BuildMyAgent.io, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.