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BUILTTHIS SOFTWARE - TERMS AND CONDITIONS

Effective Date: 07-06-2025

Please read these Terms and Conditions ("Terms") carefully before using the BuiltThis Software applications and services, including the Car Inspector application (collectively, the "Services"). The Services are operated by BuiltThis Software ("us", "we", or "our"). Our operations cover England, Scotland, Wales, and Northern Ireland.

Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Services.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms or the Privacy Policy, you do not have permission to access the Services.

1. Definitions

Account: Your registered user account with BuiltThis Software, created to access and use the Services.

Car Inspector Application: The specific application within the Services that provides vehicle inspection guidance and report generation features.

Premium Services: Specific features, functionalities, or content within the Services that require the use of Tokens, such as generating a full report in the Car Inspector application.

Report: The output generated by the Car Inspector application based on user input, intended as a guide to assist the user's vehicle inspection process and purchase decision.

Services: The BuiltThis Software applications, websites, and related services provided by us, including the Car Inspector application.

Tokens: The digital units purchased by you from us, stored in your Account, and used to access Premium Services. Tokens represent a limited license right to access specific features or content within the Services as determined by us from time to time.

User/You: Any individual accessing or using the Services.

2. Account Registration

2.1. To access and use the Services, you must register for an Account. We require you to provide a valid email address during the registration process. You agree to keep this email address accurate and current.

2.2. You are responsible for safeguarding your Account and for any activities or actions under your Account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

2.3. You must be at least 16 years of age to create an Account and use the Services. By creating an Account, you represent and warrant that you meet this age requirement.

3. The Token System

3.1. Purchase: Tokens can be purchased directly from us through the Services using the payment methods available, which are processed via our third-party payment processor, Stripe. All transactions are subject to Stripe's terms and conditions and privacy policy. We do not store your full payment card details, only a payment identifier provided by Stripe linked to your transaction.

3.2. Purpose: Tokens are purchased to access Premium Services within the applications, such as generating a Report in the Car Inspector application.

3.3. Value: Tokens represent a license to access Premium Services within the BuiltThis Software ecosystem. They do not constitute virtual currency, real currency, or any form of property outside of the Services. The price of Tokens may vary depending on the bundle size purchased, but the Token cost of Premium Services is determined solely by us and will be clearly indicated before you proceed. We reserve the right to change the pricing of Token bundles and the Token cost of Premium Services at any time, in our sole discretion.

3.4. Usage: Tokens are deducted from your Account balance when you successfully access or use a Premium Service, such as after a Report is successfully generated in the Car Inspector application. Once Tokens are used for a Premium Service, they are generally non-refundable and non-reversible.

3.5. Expiration & Service Discontinuation: Tokens purchased from us do not expire based on time or usage, provided the Services remain operational. However, you acknowledge and agree that if the BuiltThis Software Services are discontinued or shut down, any remaining Tokens in your Account will be lost without refund. We will endeavour to provide reasonable notice if we plan to discontinue the Services, but this may not always be possible.

3.6. Refunds: Except where required by applicable UK law (including statutory consumer rights), purchases of Tokens are final and non-refundable in monetary value. Tokens have no cash value and cannot be exchanged for cash. Notwithstanding this, at our sole discretion, we may provide a refund in Tokens (by adding Tokens back to your Account balance) if there are significant technical issues with the platform or errors in the content directly caused by our software that prevented the successful delivery or accurate generation of a Premium Service you attempted to access.

3.7. Non-Transferable: Tokens are linked to your specific Account and cannot be transferred to or shared with other users or accounts.

3.8. Account Termination/Suspension: If your Account is terminated or suspended by us due to a breach of these Terms, any remaining Tokens in your Account will be forfeited without refund. If you terminate your Account, any remaining Tokens will also be forfeited without refund.

4. Nature of Services & Liability for Reports (Car Inspector)

4.1. The Car Inspector application and the Reports it generates are intended as informational guides only. The step-by-step process and the resulting Report are designed to assist you in conducting your own vehicle inspection and help inform your purchase decision.

4.2. The Report is NOT a substitute for a professional mechanical inspection. It relies solely on the information you input and is based on general guidance, not specific expert knowledge of the particular vehicle's history, condition, or potential hidden faults.

4.3. We do not guarantee the accuracy, completeness, or reliability of the information contained in the Report or the outcome of following the inspection guide. Vehicle condition can vary significantly, and important issues may not be detectable through the guided process or apparent at the time of inspection.

4.4. Limitation of Liability regarding Vehicle Purchase: You acknowledge and agree that any decision to purchase a vehicle based, in whole or in part, on the use of the Car Inspector application or its Report is made by you solely at your own risk. To the maximum extent permitted by applicable UK law, we shall not be liable for any loss, damage, cost, or expense whatsoever arising from or in connection with your decision to purchase (or not to purchase) a vehicle, or any issues, faults, or problems discovered with a vehicle after your inspection or purchase, regardless of whether you used our Services to guide your decision.

4.5. Our responsibility under UK consumer law is limited to providing the Car Inspector service itself with reasonable care and skill, ensuring it is of satisfactory quality and fit for its intended purpose as a guide and tool, not as a guarantee of a vehicle's condition or value.

5. User Conduct

5.1. You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Services.

5.2. You agree not to:

  • Use the Services in any way that is unlawful, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity.
  • Attempt to gain unauthorized access to any part of the Services, accounts registered to other users, or computer systems or networks connected to the Services.
  • Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
  • Use the Services to transmit any material that is defamatory, offensive, or otherwise objectionable, or that infringes the rights of others, including intellectual property rights.
  • Use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional online web browser.
  • Misrepresent the origin or accuracy of any Report or attribute its contents to a professional inspection service.

6. Intellectual Property

6.1. The Services and their original content, features, and functionality are and will remain the exclusive property of BuiltThis Software and its licensors. The Services are protected by copyright, trademark, and other laws of both the UK and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

7. Payment Processing

7.1. We use Stripe for processing payments for Token purchases. By purchasing Tokens, you agree to Stripe's Terms of Service and Privacy Policy.

7.2. We are not responsible for any issues or disputes regarding the payment processing itself, which are subject to the terms agreed between you and Stripe, your bank, or payment provider.

8. Disclaimers

8.1. Your use of the Services, including the Car Inspector application and Reports, is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, and course of performance, except as specifically required by mandatory UK consumer law.

8.2. We do not warrant that:

  • The Services will function uninterrupted, securely, or be available at any particular time or location;
  • Any errors or defects in the software will be corrected (though we will make reasonable efforts);
  • The Services are free of viruses or other harmful components; or
  • The results of using the Services will meet your requirements.

8.3. As stated in Section 4, we make no warranties or guarantees regarding the accuracy, completeness, or reliability of the content or output of the Car Inspector application, specifically the Reports.

9. Limitation of Liability

9.1. Nothing in these Terms limits or excludes our liability for:

  • Death or personal injury caused by our negligence;
  • Fraud or fraudulent misrepresentation; or
  • Any matter for which it would be illegal for us to exclude or attempt to exclude our liability, including liability for defective digital content under the Consumer Rights Act 2015 where applicable.

9.2. Subject to clause 9.1 and to the extent permitted by law, in no event shall BuiltThis Software, nor its partners, employees, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services; any conduct or content of any third party on the Services; any content obtained from the Services; unauthorized access, use, or alteration of your transmissions or content; your reliance on a Report or any information from the Car Inspector application in making a decision regarding a vehicle purchase or incurring any costs or losses related to a vehicle; any issues, faults, or problems with a vehicle purchased or not purchased by you after using the Services, regardless of whether such issues were mentioned or not mentioned in a Report; whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

9.3. Subject to clause 9.1, our total aggregate liability to you in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amount paid by you for Tokens in the [Choose a reasonable period, e.g., six (6)] months immediately preceding the date on which the claim arose. This limit applies to liability for the provision of the digital services, not to any outcome related to a vehicle purchase which is disclaimed in Section 4.

10. Indemnification

10.1. You agree to defend, indemnify, and hold harmless BuiltThis Software and its partners, employees, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitor's fees), resulting from or arising out of: your use and access of the Services; your breach of these Terms; your violation of any law or the rights of a third party; or any claims brought against us by a third party related to your use of the Car Inspector application or any Report, including any misrepresentation by you regarding a Report.

11. Term and Termination

11.1. These Terms shall remain in full force and effect while you use the Services.

11.2. We may terminate or suspend your Account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

11.3. If you wish to terminate your Account, you may do so by contacting us via the support email address provided in Section 15. Upon termination by you, these Terms shall terminate.

11.4. Upon termination (by you or us) or discontinuation of the Services, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11.5. As stated in Section 3.8 and 3.5, any unused Tokens will be forfeited upon termination of your Account (by you or us) or if the Services are discontinued.

12. Changes to Terms

12.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [Specify Period, e.g., 30 days'] notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

12.2. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

13. Governing Law and Dispute Resolution

13.1. These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

13.2. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England.

13.3. Important: This choice of law does not affect your statutory rights as a consumer to bring proceedings in your country of domicile within the UK (e.g., Scotland or Northern Ireland) or rely on mandatory consumer protection laws in those jurisdictions, where applicable.

14. Statutory Consumer Rights

14.1. These Terms do not affect your statutory rights as a consumer under applicable UK law, including the Consumer Rights Act 2015, which cannot be excluded or limited by contract. This includes rights relating to digital content and services being of satisfactory quality, fit for purpose (as described), and supplied with reasonable skill and care. Our obligations regarding the Car Inspector application are limited to providing the tool and guide as described, and do not extend to guaranteeing the condition or value of any vehicle inspected.

15. Contact Information

15.1. If you have any questions about these Terms, please contact us at [email protected].