General Terms and Conditions

1. INTRODUCTION

These General Terms and Conditions (hereinafter the “GTCs”) regulate the use of the website https://www.thebuildforge.com/ (hereinafter the “Website”), operated by SEFITECH ASTRA s.r.o, which is a legal entity duly incorporated under the law of Czech Republic, having its registered address on/at Tvrdého 643, Letňany, 199 00 Praha 9, having its Company Registration Number 234 31 512 (hereinafter, the “Company”, “We”, “Us”, “Our”) and the Services delivered whereby to the Customer (a natural person or a legal entity) ( the “Customer” or “You”, “Your”).

3. ELIGIBILITY

The Company restricts access to its Website and Services to ineligible individuals or entities that fall into any of the following categories:

• Persons or entities subject to sanctions or embargoes imposed by the EU, US, or UK.
• Individuals or entities prohibited from accessing the Company's Website or Services under EU, UK, or US export control laws.
• Individuals residing in jurisdictions subject to EU, US, or UK sanctions or embargoes.
• Legal entities incorporated in, or ultimately controlled from, jurisdictions under EU, US, or UK sanctions or embargoes.
• Individuals under the age of 18.
• Individuals lacking legal capacity.
• Individuals with criminal felony convictions.
• Individuals involved in any form of illegal activity.
• Individuals and enterprises subjected to the appropriate injunction issues by the competent authority in accordance with the applicable legislation.

The Company does not conduct pre-screening or eligibility checks. Therefore, it is solely the Customer's responsibility to ensure their compliance with the Company's eligibility requirements. If an ineligible individual or entity uses the Company's Website or Services, such use will be considered a material breach of these GTCs and may lead to the unilateral termination of the agreement with no subsequent refund and backlisting of You.

4. ACCOUNT SET UP PROCEDURE

To be eligible to use the Company's Services delivered though the Company's Website the Customer shall set up an account with the Company.

For the sake of creation and registration of the account the Customer shall fill and furnish application form specifying its email and password meeting the Company's security standards, after doing that the Customer shall validate its account by use of validation code delivered on the Customer's email specified during registration. Successful validation of the Account makes it accessible automatically.

5. ACCOUNT USE RULES

The Customer agrees to comply with the following rules when using their account, the Website, and the Company's Services:

• Lawful Use Only: By creating an account, the Customer commits to using it solely for lawful purposes. Use for illegal activities—such as criminal conduct, infringement of intellectual property, privacy violations, or the publication of defamatory, obscene, or otherwise prohibited content—is strictly forbidden.
• No Harm or Disruption: The Customer must not use the account in any way that may disrupt or impair the Website or Services, or cause harm to the Company, its users, third-party providers, or other third parties.
• No Unauthorized Access Sharing: The Customer may not transfer or share account access with any third party without prior written approval from the Company.
• Accurate and Updated Information: The Customer must ensure that all registration data remains accurate and up to date, and promptly make corrections as needed.
• Loss of Eligibility: If the Customer becomes ineligible to use the Services, they must immediately inform the Company and cease all usage until instructed otherwise.
• Reputational Protection: The Customer must not use the account in a manner that could damage the Company's reputation.
• Third-Party Data Use: The Customer is not permitted to use any third-party personal data without obtaining that person's explicit prior written consent.
• No Tampering or Reverse Engineering: The Customer is prohibited from altering, reverse-engineering, disassembling, or attempting to derive the source code of any part of the technology or software. Any attempt to sublicense, assign, sell, or transfer such rights is also forbidden.

A violation of the account use rules outlined in this section constitutes a material breach of these GTCs and may lead to unilateral termination of the agreement with no subsequent refund and backlisting of You.

If the Company has reasonable grounds to suspect such a breach, it may, at its sole discretion, either:

• unilaterally terminate the GTCs with a refund, or
• suspend the Customer's account pending submission of satisfactory evidence disproving the alleged violation.

If the Customer fails to provide such evidence within a reasonable period, the Company reserves the right to terminate the GTCs with a refund.

6. SERVICES AND THEIR DELIVERY

The Company enables the Customer to access its AI based technology which may include:

• AI image creation
• AI prompts creation
• Object change by AI technology

The Company reserves the right, at its sole discretion, to modify, discontinue, or make changes to certain Services. If such modifications result in the Customer being deprived of the Services they reasonably expected, the Company will issue a refund.

Content available on the Company's Website is generated through machine learning algorithms selected by the Company. As this Content is licensed to the Company by its licensor in accordance with applicable law, it may not be altered or enhanced by others. The intellectual property rights in such Content remain with its original creator.

The Company grants the Customer a non-exclusive, non-transferable, worldwide license to use, reproduce, and—unless otherwise stated—modify any Content the Customer creates, for an indefinite duration, subject to the terms of the applicable license.

The Customer grants the Company a worldwide, royalty-free, irrevocable, perpetual, and non-exclusive license to use the Services, the Customer's name, Content, and any associated rights—including intellectual property, publicity, and privacy rights—for internal operations and marketing purposes. The Customer confirms that they possess all necessary rights to grant such a license to the Company.

The Customer agrees to provide precise and accurate prompts when using AI-based technology, clearly specifying the intended actions to be performed. As the final results of such Services fall outside the defined scope of these GTCs, the Company disclaims all liability for the outcomes, including any misalignment between the Customer's expectations and the AI-generated content.

The Customer accepts full responsibility for all activities and communications conducted through their account. The Company is not liable for any content uploaded or transmitted by the Customer or third parties, including but not limited to errors, defamatory content, omissions, misinformation, intellectual property infringements, or offensive material that may be encountered.

Since the Company's Services are provided via its Website, the Company undertakes all commercially reasonable efforts to ensure the Website remains accessible and operational. However, the Company does not guarantee uninterrupted service, error-free functionality, complete protection from harmful elements, or immunity from unauthorized access, system failures, or disruptions. This includes potential issues arising from internal or third-party hardware or software failures. Such occurrences shall not be considered breaches of these GTCs.

The Company reserves the right to temporarily suspend Website operations and make its Services inaccessible for purposes such as upgrades, modifications, maintenance, or technical servicing. In such cases, the Customer will be duly notified of the downtime and informed of the reasons behind it. The Company reserves the right to choose the notification method at its sole discretion—either by posting an announcement on the Website or sending an email to the address provided during the account registration process.

The Customer acknowledges and agrees that the Company may collect, store, and disclose information provided during the account registration process, prompts submitted to AI technology, and any content generated by the Customer, when legally required or in good faith, if such actions are reasonably necessary for the following purposes:

• Compliance with applicable laws and regulations;
• Enforcement of these GTCs;
• Addressing claims related to the infringement of third-party rights;
• Engaging in litigation or other legal proceedings involving the Customer or other relevant parties.

Additionally, the Customer acknowledges that the technical operation of the Website—including the delivery of Services and content—may involve the transmission of data over various networks and may require adaptations to meet the technical specifications of those networks or connected devices.

7. PRICE OF SERVICE AND PAYMENTS

By using the Company's Website and Services the Customer hereby agrees that the currency of debt and the currency of payment shall be Euro.

By using the Company's Website and Services the Customer hereby agrees that the price of each particular service will be specified on the Company's Website.

WE INFORM YOU THAT:

BY USING THE COMPANY'S WEBSITE AND SERVICES THE CUSTOMER HEREBY AGREES THAT THE COMPANY RESERVES THE RIGHT, AT ANY TIME AND, AT ITS SOLE DISCRETION TO CHANGE THE PRICE OF EACH SERVICE, WITH NO NOTIFICATION, HOWEVER THE NEW PRICE OF SERVICE WILL BE DISPLAYED ON THE WEBSITE.

ANY CHARGES, DUTIES, COMMISSIONS, CONVERSION COSTS AND OTHER TRANSACTION COSTS ARE AT YOUR EXPENSES AND ARE NOT INCLUDED INTO PURCHASE PRICE, THEREFORE THE PRICE OF SERVICE AND THE FINAL PRICE PAID BY YOU MAY DIFFERED.

8. REFUNDS

IN THE CIRCUMSTANCES OUTLINED IN THESE TERMS, AS WELL AS IN CASES SPECIFIED UNDER APPLICABLE LAW, YOU MAY BE ENTITLED TO A FULL OR PARTIAL REFUND, DEPENDING ON THE NATURE OF THE GROUNDS FOR SUCH A REFUND.

HOWEVER, ANY FEES, DUTIES, COMMISSIONS, CURRENCY CONVERSION CHARGES, AND OTHER TRANSACTION-RELATED COSTS ARE NON-REFUNDABLE AND REMAIN YOUR RESPONSIBILITY. THE COMPANY RESERVES THE RIGHT TO DEDUCT THESE COSTS FROM ANY REFUND AMOUNT ISSUED TO YOU.

9. INTELLECTUAL PROPERTY RIGHTS

The Website and the Services incorporate materials such as software, text, graphics, images, and tutorials, which are either owned by the Company or licensed from third parties. These materials are protected by applicable intellectual property laws in domestic and international jurisdictions. Unauthorized use of such materials may infringe copyrights, trademarks, or other legal protections.

The Company retains the copyright in the selection, organization, and presentation of all content on the Website. Except as expressly permitted in these GTCs, You do not acquire any rights to the content. Any further use, including reproduction, modification, distribution, licensing, or sale of the content for commercial or public purposes, is strictly prohibited without the Company's prior written consent. Removal of any copyright or proprietary notices from copies of the content is also prohibited. Uploading or displaying the content on other Websites or in networked environments is not allowed.

In the event of a breach of these terms, Your right to access and use the content will be automatically revoked, and You are required to promptly delete all copies of such content in Your possession.

All trademarks, trade names, and logos appearing on the Website or within the Services—whether registered or unregistered—are the property of the Company ("Company Trademarks"). Other trademarks that may appear are the property of their respective owners ("Third-Party Trademarks"). No license or right is granted to use any of these marks without prior written authorization. The use of Company Trademarks in hyperlinks or references requires the Company's explicit written consent. Any goodwill arising from the use of Company Trademarks shall inure exclusively to the benefit of the Company.

The Website and Services are further protected by trade dress and unfair competition laws. No content may be copied, imitated, or transmitted without prior express written authorization for each specific instance.

10. THIRD-PARTY MATERIAL

The Company disclaims all liability for any third-party content or materials made available through the Website or Services, including but not limited to user-generated content. This includes any errors, omissions, or losses or damages that may arise from the use of such content.

You acknowledge that the Company does not actively pre-screen third-party content. However, the Company and its authorized representatives reserve the right, at their sole discretion, to review, restrict, remove, or block access to any content accessible via the Website or Services.

This includes, but is not limited to, content that violates these GTCs or is otherwise deemed inappropriate or objectionable by the Company. You agree that You are solely responsible for assessing and assuming any risks associated with the use of such content, including Your reliance on its accuracy, completeness, or utility.

11. THIRD-PARTY PROVIDERS

As the Company does not control the Services and technical solutions offered by third-party providers, You agree to release the Company from any liability for losses or damages arising from any disruptions, failures, or interruptions to the Website or Services caused by a third party's failure to fulfill its obligations to the Company. This release applies only to the extent permitted by applicable law.

You further acknowledge and agree that the Company reserves the exclusive right, at its sole discretion and at any time, to suspend, modify, or terminate any service or technical solution provided by a third party if that provider is found to be in violation of the Company's policies or agreements—including these GTCs—or if the provider poses reputational or operational risks to the Company.

The Company retains the sole authority to determine whether such a violation or risk has occurred.

12. THIRD-PARTY CONTENT

As third-party materials are not created by the Company and are not subject to pre-screening, the Company has no control over such content. Accordingly, You acknowledge and agree to release the Company from any responsibility or liability related to third-party content. This includes, without limitation, any errors, omissions, or losses or damages arising from Your use of such content. This release is limited to the extent permitted by applicable law.

Furthermore, You acknowledge and agree that the Company reserves the right, at its sole discretion, to remove, restrict, or disable access to any third-party content that is found to be in violation of these GTCs. The Company retains the exclusive authority to determine whether any content constitutes a breach of these GTCs.

13. CYBER SECURITY

Both the Company and the Customer commit to maintaining cybersecurity and agree to undertake all commercially reasonable measures to prevent data breaches, unauthorized third-party access, data corruption, malware infections, insider threats, and other cybersecurity incidents.

The Customer agrees to keep their account credentials (login and password) strictly confidential and to take appropriate measures to prevent unauthorized third-party access. You acknowledge and accept full responsibility for any activity conducted through Your account.

In the event You lose control over Your account, You are required to promptly notify the Company. Failure to do so releases the Company from liability for any resulting damages.

If the Company has reasonable grounds to suspect that the Customer has lost control over their account, it reserves the right to temporarily block the account and request clarification. The account will remain blocked until the concerns are reasonably addressed.

If the Customer fails to respond to the Company's request for clarification within a reasonable timeframe, the Company may, at its sole discretion, terminate these GTCs without issuing a refund.

Both parties further agree to use all commercially reasonable efforts to protect each other's hardware and software from cybersecurity threats, including but not limited to ransomware, phishing, denial-of-service (DoS), man-in-the-middle (MitM), SQL injection, credential stuffing, and insider threats.

14. COPYRIGHT COMPLAINTS

The Company respects intellectual property rights and expects its Customers to do the same. If You believe that Your copyrighted material or other intellectual property has been used without authorization, You may submit a complaint in accordance with the procedure outlined below.

Filing a Copyright Infringement Notice

To report suspected copyright or intellectual property infringement, please submit a written notice to support@thebuildforge.com with the subject line “Takedown Request.”

Your notice must include the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• A clear and detailed description of the copyrighted work or intellectual property that has allegedly been infringed.
• The specific URL or other precise location of the infringing material on Our platform.
• Your contact details, including full name, mailing address, telephone number, and email address.
• A good faith statement that You believe the use of the material is unauthorized by the copyright owner, its agent, or the law.
• A declaration that the information provided in Your notice is accurate and that You are the copyright owner or authorized to act on behalf of the owner.

Submitting a Counter-Notice

If You believe that Your content was removed or access was restricted in error, or if You have legal rights to use the content, You may submit a counter-notice containing the following:

• Your physical or electronic signature.
• Identification of the material that was removed or disabled, and the location at which the material previously appeared.
• A good faith statement asserting that the removal or restriction was a result of mistake or misidentification.
• Your name, mailing address, telephone number, email address, and a statement consenting to the jurisdiction of the courts in Czech Republic and agreeing to accept service of process from the original complainant.

Upon receipt of a valid counter-notice, the Company will inform the original complainant. Unless legal action is initiated by the complainant within 10 to 14 business days, the Company may reinstate the content in question.

15. INDEMNITY AND RELEASE

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING LEGAL FEES) ARISING FROM YOUR VIOLATION OF THESE GTCS, APPLICABLE LAWS, OR THIRD-PARTY RIGHTS. THIS INDEMNITY APPLIES TO THE HIGHEST EXTENT PERMITTED BY APPLICABLE LAW.

16. WARRANTY DISCLAIMER

THE WEBSITE, SERVICES, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY GUARANTEES OR WARRANTIES OF ANY KIND, WHETHER EXPLICIT, IMPLIED, OR REQUIRED BY LAW. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, OR CONTINUOUS, ERROR-FREE OPERATION. ANY IMPLIED WARRANTIES ARISING FROM STANDARD BUSINESS PRACTICES OR INDUSTRY USAGE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

THE COMPANY DOES NOT GUARANTEE THAT:
(I) THE SERVICES WILL FULFILL YOUR SPECIFIC NEEDS;
(II) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS BEYOND REASONABLE LIMITS;
(III) THE RESULTS GAINED FROM USING THE SERVICES WILL BE ACCURATE OR DEPENDABLE;
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION ACCESSED THROUGH THE SERVICES WILL MATCH YOUR EXPECTATIONS.

THERE MAY BE TYPOGRAPHICAL MISTAKES, TECHNICAL ERRORS, OR OMISSIONS IN THE WEBSITE, CONTENT, OR SERVICES. THE COMPANY IS NOT LIABLE FOR SUCH ISSUES AND MAY UPDATE, CHANGE, OR CORRECT THE WEBSITE AND SERVICES AT ANY TIME WITHOUT NOTIFYING YOU BEFOREHAND.

THE SERVICES ARE MEANT SOLELY FOR ENTERTAINMENT AND DO NOT PROVIDE LEGAL, MEDICAL, PSYCHOLOGICAL, OR PROFESSIONAL ADVICE. IF YOU NEED EXPERT HELP, YOU SHOULD SEEK A QUALIFIED PROFESSIONAL.

THE COMPANY DOES NOT PERFORM BACKGROUND OR IDENTITY CHECKS ON USERS AND MAKES NO PROMISES REGARDING THEIR BEHAVIOR, MOTIVES, OR AUTHENTICITY. HOWEVER, THE COMPANY MAY, AT ITS DISCRETION, CONDUCT BACKGROUND SCREENINGS SUCH AS CRIMINAL OR SEX OFFENDER CHECKS USING PUBLICLY AVAILABLE RECORDS.

YOU ARE FULLY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. THE COMPANY DOES NOT MONITOR OR CONTROL USER COMMUNICATIONS AND IS NOT LIABLE FOR ANY MISUSE OF THE SERVICES, INCLUDING HARASSMENT, FRAUD, OR ABUSE. IF YOU ENCOUNTER INAPPROPRIATE BEHAVIOR, YOU SHOULD REPORT IT TO THE COMPANY IMMEDIATELY.

17. LIMITATION OF LIABILITY

THE SERVICES, WEBSITE, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS, IMPLIED, OR LEGAL WARRANTIES, EXCEPT WHERE REQUIRED BY LAW. THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY. ANY WARRANTIES THAT MIGHT ARISE FROM BUSINESS DEALINGS, PERFORMANCE, OR INDUSTRY PRACTICES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

THE COMPANY DOES NOT GUARANTEE THAT:
(I) THE SERVICES WILL SATISFY YOUR NEEDS OR EXPECTATIONS;
(II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS;
(III) THE RESULTS FROM USING THE SERVICES WILL BE ACCURATE, RELIABLE, OR APPROPRIATE FOR YOUR PURPOSES; OR
(IV) ANY ERRORS OR DEFECTS WILL BE FIXED.

THE COMPANY DOES NOT PERFORM BACKGROUND OR IDENTITY CHECKS ON USERS AND DOES NOT MAKE ANY GUARANTEES ABOUT THE BEHAVIOR, INTENTIONS, OR AUTHENTICITY OF ANY USER. NONETHELESS, THE COMPANY RESERVES THE RIGHT TO CONDUCT BACKGROUND CHECKS AT ITS SOLE DISCRETION USING PUBLICLY AVAILABLE INFORMATION.

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE COMPANY IS NOT LIABLE FOR ANY TYPOGRAPHICAL, TECHNICAL, OR CONTENT ERRORS AND MAY MODIFY OR IMPROVE THE SERVICES AT ANY TIME WITHOUT PRIOR NOTICE.

IF YOU NEED PROFESSIONAL ADVICE—SUCH AS LEGAL, FINANCIAL, MEDICAL, OR PSYCHOLOGICAL—YOU SHOULD CONSULT A QUALIFIED EXPERT. THE SERVICES ARE PROVIDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND DO NOT REPLACE PROFESSIONAL COUNSELING OR CONSULTATION.

18. ASSIGNMENT

Neither the Company nor the Customer may assign, transfer, delegate, or otherwise dispose of their rights or responsibilities under these GTCs without first obtaining written consent from the other party, except where the nature of the obligation or applicable law requires otherwise.

19. FORCE MAJEURE

Neither the Company nor the Customer will be held responsible for any loss, damage, cost, or liability caused by their failure or delay in fulfilling obligations due to events beyond their control. Such events include natural disasters, government actions, legal restrictions, civil unrest, fraud (except by the other party or its employees), war, terrorism, fires, floods, technical or communication failures, issues with payment or currency systems (including foreign exchange or cryptocurrency availability), or any other circumstances beyond reasonable control.

The affected party must inform the other as soon as possible about the force majeure event.

If the force majeure situation continues for more than 90 business days, the unaffected party may terminate these General Terms and Conditions unilaterally.

The party affected by force majeure is entitled to extend the deadline for fulfilling their obligations by the duration of the force majeure event, but not exceeding 60 business days.

Upon request, the affected party must provide a certificate or other proof of the force majeure event within a reasonable time.

20. APPLICABLE LAW AND JURISDICTION

By using Our Website and Services, You agree that any disputes—whether contractual or non-contractual, including issues about validity, breach, or termination of these General Terms and Conditions—will be governed by the laws of Czech Republic, excluding conflict of law rules. All such disputes will be resolved exclusively in the courts of Czech Republic.

21. SEVERABILITY

If a court finds any part of these General Terms and Conditions invalid or unenforceable, the rest of the terms will remain fully effective and enforceable.

22. TERMINATION

By using the Company's Website and Services, You agree that if You materially breach these Terms or any publicly available Company policy, the Company may terminate its relationship with You without refund. The Company alone decides what constitutes a material breach unless otherwise specified here. Termination will take effect no later than three calendar days after You receive and confirm a termination notice sent by email.

The Company may also terminate the relationship without refund if it believes Your actions could harm its reputation. Termination in this case also takes effect within three calendar days after You receive and acknowledge the termination notice via email.

Deleting Your account is considered termination of the business relationship but does not entitle You to any refund.

Termination by either party does not relieve either side from fulfilling existing financial obligations or liability for any related damages, costs, or expenses.