Legal

Licensing Agreement

Last updated: June 1, 2026

This Time Being™ License Agreement (this “Agreement”) is a binding contract between Built Kindly, LLC (“Built Kindly,” “we,” or “us”) and the entity or organization that accepts this Agreement (“Customer” or “you”). By clicking “I Agree” or activating and using the Platform (defined below), you agree to be bound by this Agreement, effective as of the date of such action. This Agreement applies to all subscription plans, including free subscriptions and paid monthly subscriptions. If you are accepting on behalf of an entity or organization, you represent that you have authority to bind that entity. If you do not agree to the terms of this Agreement, you may not access or use the Platform. This Agreement is to be read together with our Terms of Use and Privacy Policy.

1. Definitions

The following terms shall have the meanings assigned to them below for the purposes of this Agreement and any documents or policies incorporating this Agreement by reference or incorporated into this Agreement by reference.

“Admin User(s)” means Customer’s personnel designated to administer a Workspace, including managing user access, roles, permissions, and billing.

“Authorized User(s)” means Customer’s Admin Users, employees, contractors, or other personnel authorized by Customer to access and use the Platform under Customer’s Workspace.

“Built Kindly IP” means all rights, title, and interest in and to: (a) the Platform, including its underlying software code (both object code and source code form), algorithms, data models, machine learning models, application programming interfaces, architecture, infrastructure, system designs, scripts, libraries, frameworks, software development kits, configuration files, and all other components of the Platform; (b) the Documentation; (c) all patents, patent applications, inventions, copyrights, moral rights, trademarks, service marks, trade names, trade dress, trade secrets, know-how, methodologies, processes, techniques, and other intellectual property and proprietary rights of any kind, whether or not registered, granted, or issued, as applicable, relating to any of the foregoing; (d) all databases, data structures, and data compilations created or maintained by Built Kindly in connection with the Platform (excluding Customer Data); (e) all user interfaces, visual designs, graphics, logos, icons, layouts, and look-and-feel elements of the Platform; (f) all training materials, specifications, and technical documentation related to the Platform; (g) all works of authorship, content, and materials created by or on behalf of Built Kindly; (h) all pre-existing intellectual property of Built Kindly, whether or not incorporated into or used in connection with the Platform; and (i) all modifications, improvements, enhancements, updates, derivative works, and extensions of or to any of the foregoing, regardless of whether developed by Built Kindly, Customer, or any third party in connection with this Agreement.

“Confidential Information” means all non-public, confidential, or proprietary information of a party, including, but not limited to, specifications, business operations, pricing, discounts, strategic plans, financial information, employee information, and any other information or data of a party, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “CONFIDENTIAL,” in connection with this Agreement. Customer’s Confidential Information specifically includes Customer Data (defined below) and Platform Outputs (defined below). Built Kindly’s Confidential Information specifically includes Built Kindly IP (defined below).

“Customer Data” means data, content, and materials submitted to or generated within the Platform by or on behalf of Customer or its Authorized Users, including timesheet entries, well-being inputs and scores, analytics, reports, configurations, and any other account information.

“Disclosing Party” means the party disclosing or making available its Confidential Information to the other party under this Agreement.

“Documentation” means user guides, help content, FAQs, and other materials describing how to access and use the Platform, activation of the Platform, and the operation and acceptable use of the Platform that Built Kindly provides or makes available to Customer upon Customer’s registration of an account.

“Fees” means all fees applicable to the Platform subscription plan selected by Customer (which may be zero for free subscription plans), subject to any free trial periods, discounts, or other adjustments to the monthly fee made or offered by Built Kindly in writing, including any subsequent changes selected by Customer to its subscription plan.

“Platform” means Built Kindly’s timekeeping and well-being monitoring web application software currently branded as Time Being™, including any features, functionality, modules, dashboards, reports, interfaces, and related documentation made available by Built Kindly to Customer, together with Updates (defined below). Platform functions include, but are not limited to, timekeeping, combining timekeeping with well-being monitoring and providing data insights related to work satisfaction, potential burnout, or overwork based on numerous metrics.

“Platform Outputs” means any analytics, analysis, output, insight, metric, score, notification, report, or other information generated by or interpreted from the Platform as a result of Customer’s use of the Platform.

“Receiving Party” means the party receiving or accessing Confidential Information of the Disclosing Party (defined below) under this Agreement.

“Third-Party Services” means web-based, desktop, or mobile applications, services, data, content, platforms, and components provided by third parties that interoperate with or are used in connection with the Platform.

“Unapproved Integrations” means any software, applications, systems, or services not provided or expressly approved in writing by Built Kindly that Customer integrates, connects, or uses, or attempts to integrate, connect, or use, with the Platform.

“Updates” means updates, including bug fixes, to existing Platform features and functionality that Built Kindly may make available from time to time. “Updates” do not include new Platform features or functionality.

“Workspace” means a logically separated tenant or environment provisioned for Customer within the Platform, administered by Customer’s Admin User.

2. Assent; Entity Contract

Assent

You accept this Agreement when you click to accept the terms of this Agreement or activate and use the Platform, whichever occurs first. If you do not agree, you may not use the Platform.

Entity Contract

This Agreement is between Built Kindly and Customer, not any individual Authorized Users. Customer is solely responsible for all acts and omissions of its Authorized Users.

3. Platform License Grant

License

Subject to this Agreement, including the timely payment of all Fees, Built Kindly grants Customer a non-exclusive, worldwide, non-transferable, non-sublicensable right during the Term for Customer to access and use, and to permit its Authorized Users to access and use, the Platform for Customer’s internal business purposes solely within the Workspace(s) provisioned to Customer. The license continues from the Effective Date until terminated under Section 18 (Term; Termination; Suspension).

Trial Use

Customer may, in Built Kindly’s sole discretion, be provided a fourteen (14) day free trial, after which a plan selection is required within the Platform. During the trial period, trial access is provided “AS IS” without any commitments, service levels, or warranties whatsoever, and access may be limited or disabled at any time and may include additional usage or feature restrictions.

4. Restrictions on Use

Customer shall not, and shall not permit any Authorized User or other third party to:

1. copy, frame, mirror, or create derivative works of the Platform;
2. reverse engineer, decompile, disassemble, or otherwise attempt to discover source code or underlying ideas or algorithms of the Platform or any Built Kindly IP, except to the extent such restriction is prohibited by law;
3. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or make the Platform available to any third party (except to Authorized Users under this Agreement);
4. use the Platform for service bureau, timesharing, or outsourcing purposes, or to process data on behalf of any third party;
5. access or use the Platform to build a competitive product or service, or for benchmarking or competitive analysis without Built Kindly’s prior written consent;
6. bypass, circumvent, or interfere with any security or access controls;
7. access the Platform for high-risk activities where use or failure could lead to death, personal injury, or severe property or environmental damage;
8. remove, alter, or obscure proprietary notices;
9. use Platform Outputs to defame Built Kindly or any third party;
10. commercialize, monetize, or otherwise exploit the Platform, any of its features or functionality or any Platform Output for any purpose other than Customer’s internal business purposes as expressly permitted under this Agreement; or
11. disclose, publish, or otherwise make available to any third party any details regarding the Platform’s features, functionality, performance, architecture, design, pricing, or operation, all of which shall be deemed Confidential Information of Built Kindly regardless of whether such information relates to Customer’s own use of the Platform or Customer Data.

5. Acceptable Use

Customer shall use the Platform solely as provided in the Documentation provided with this Agreement or as otherwise instructed by Built Kindly in writing. Customer shall be responsible for Authorized Users’ access to and use of the Platform, including any breaches of Section 4 by an Authorized User.

6. Billing

All Fees are due and payable in advance for each billing period. Customer will be charged the Fees applicable to Customer’s subscription plan. Unless agreed to otherwise in writing by Built Kindly, Fees are assessed on a per-user basis. The first payment of such Fees, covering the first billing period, will be due in advance upon registration and selection of a subscription plan via our third-party payment service provider, unless a discounted or free trial period applies, and in such cases, the first payment of the Fees will be due in advance on the date such discounted or free trial period expires or is cancelled by Built Kindly. Any subscription plan changes made by Customer will take effect at the start of the next billing period. After the first payment for the applicable subscription level, Customer will be charged automatically in advance for the upcoming billing period prior to the start of such billing period until cancelled or changed by Customer or terminated or suspended by Built Kindly. Notwithstanding the foregoing, Customer shall be responsible for payment of all Fees up to the effective date of such cancellation, change, termination, or suspension, including the Fees applicable to the billing period in which such subscription plan is cancelled, changed, terminated, or suspended. No refunds will be issued for the remainder of the billing period in which the changes to Customer’s subscription plan were made. The applicable Fees for each subscription plan are available at www.timebeing.app/#pricing. Fees may be increased or otherwise modified by Built Kindly at any time in its sole discretion. Fees are billed within the Platform via the designated payment processor. Customer is responsible for all overages and applicable taxes. All amounts are due in advance as stated at checkout or in the Platform interface. Except as required by law, Fees are non-refundable. Past due amounts may accrue interest at 1.5% per month or the maximum allowed by law, whichever is greater, plus reasonable collection costs.

7. Accounts; Administration; Responsibilities

Accounts

Customer must maintain a primary Admin User account. Customer is responsible for: (a) account configuration; (b) maintaining accurate account and billing information; (c) all activities under its accounts; and (d) keeping account credentials, including login and password information, confidential.

Workspace Administration

Each Workspace has its own server and is administered by Customer’s Admin User, who controls Customer access and billing. Only Admin Users can delete or modify a Customer account.

Authorized User Conduct

Customer shall ensure Authorized Users use the Platform strictly in accordance with this Agreement and the Documentation. Customer is solely responsible for all conduct of its Authorized Users on or in connection with the Platform. Customer is solely responsible for all Customer Data and for securing necessary consents for processing Customer Data within the Platform.

Equipment and Access

Customer is responsible for obtaining and maintaining all internet access, equipment, and ancillary services needed to connect to, access, and use the Platform.

8. Ownership

Built Kindly IP

Built Kindly and its licensors exclusively own all right, title, and interest in and to all Built Kindly IP. No rights in the Built Kindly IP are granted to Customer except as expressly set forth in this Agreement.

Customer Data

As between the parties, Customer owns all Customer Data.

Feedback

If Customer or any Authorized User provides suggestions, ideas, or feedback to Built Kindly, Built Kindly may use such suggestions, ideas, or feedback without restriction or obligation, provided that Built Kindly shall not disclose the source of such feedback or any Confidential Information of Customer contained in such feedback.

9. Customer Data License

Customer grants Built Kindly a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and otherwise use Customer Data solely to provide, secure, and support the Platform or as otherwise permitted by this Agreement. Built Kindly will not disclose Customer Data except as permitted by this Agreement, as required by law, or as directed by Customer.

10. Confidential Information

Each party acknowledges that it may receive or have access to Confidential Information of the other party. The Receiving Party shall hold all Confidential Information of the Disclosing Party in strict confidence, shall use such Confidential Information of the Disclosing Party solely for purposes of performing its obligations or exercising its rights under this Agreement, and shall not disclose or copy such Confidential Information of the Disclosing Party unless authorized by the Disclosing Party in writing. The Receiving Party shall protect the Disclosing Party’s Confidential Information using the same degree of care it uses to protect its own Confidential Information, but in no event less than a reasonable degree of care. Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this Agreement; (b) is obtained by the Receiving Party on a non-confidential basis from a third party that was not legally or contractually restricted from disclosing such information; (c) the Receiving Party establishes by documentary evidence was in the Receiving Party’s possession without restriction prior to the Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using or relying on any Confidential Information of the Disclosing Party. Upon the Disclosing Party’s request, the Receiving Party shall promptly return or destroy all documents and other materials containing Confidential Information received from the Disclosing Party. Either party shall be entitled to injunctive relief, without posting bond or other security or proving damages (in addition to and not in lieu of all other remedies and rights it may have, and without constituting an election of remedies), for any violation of this Section 10.

11. Third-Party Services and Content

Integrations

The Platform may interoperate with Third-Party Services, including, without limitation, one or more of the following:

• QuickBooks integration to support invoicing, reporting, and data export features.
• Stripe Connect for billing and payment for Customer’s access to the Platform based on Customer’s subscription plan.

Disclaimer

Use of Third-Party Services is subject to the third party’s terms and privacy practices. Built Kindly is not responsible for Third-Party Services and disclaims all liability arising from any Third-Party Services, including the use of any Third Party Service with the Platform, even if such Third Party Service is approved or suggested by Built Kindly for use with the Platform.

Payment Processing

Built Kindly does not store Customer’s billing and payment information directly and stores only encrypted account login information. All transactions related to Customer’s account, including, without limitation, changes to Customer’s subscription plan and payment of the applicable Fees, must be made on the Platform using our third party billing and payment processor. Customer authorizes Built Kindly and its payment processors, including Stripe Connect, to charge the Fees and applicable taxes for the applicable subscription plan.

12. Updates; Changes to the Platform and to this Agreement

Platform Updates

Built Kindly may provide Updates to the Platform and may modify or discontinue features of the Platform at any time in Built Kindly’s sole discretion. If Built Kindly makes a material change that materially diminishes core functionality used by Customer, Built Kindly will provide notice to the Admin User.

Agreement Updates

Built Kindly may update this Agreement from time to time, provided that Built Kindly will provide Customer with at least thirty (30) days’ prior written notice of any material changes. Material changes will not take effect until such notice period has elapsed. Customer’s continued use of the Platform after the effective date of material changes constitutes acceptance.

13. Data Handling; Privacy Policy

Data Handling

Customer Data is stored separately per Workspace and the Platform. The Platform analyzes numerous wellbeing metrics, including consecutive days worked, weekend hours, PTO usage, schedule adherence, and project variability, to calculate a “well score,” and may notify Customer’s Admin User and/or managers or administrators of well scores above or below certain levels. BUILT KINDLY SHALL NOT BE LIABLE FOR ANY FAILURE OF THE PLATFORM TO NOTIFY CUSTOMER OR ITS ADMIN USERS OR MANAGERS ABOUT ANY PARTICULAR PLATFORM OUTPUTS. CUSTOMER IS SOLELY RESPONSIBLE FOR LAWFUL COLLECTION AND USE OF EMPLOYEE AND OTHER PERSONNEL DATA AND FOR PROVIDING ANY REQUIRED NOTICES TO AUTHORIZED USERS. Admin Users may adjust or disable well-being features, and the Platform may notify managers when Authorized Users work excessive hours based on configured thresholds. Customer is solely responsible for configuring thresholds, interpreting outputs, and ensuring compliance with employment, labor, and privacy laws.

Privacy Policy

The terms of the Privacy Policy are incorporated into this Agreement and shall apply fully to the Platform. In addition to the terms of the Privacy Policy, the following privacy terms apply to the Platform:

Built Kindly may use de-identified and aggregated data derived from Customer Data solely for analytics and to improve the Platform, provided that such data: (a) does not identify Customer or any Authorized Users; (b) cannot reasonably be used to reverse-engineer Customer’s Confidential Information; and (c) is not shared with third parties for benchmarking or competitive purposes without Customer’s prior written consent.

14. Disclaimers

General

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE PLATFORM, DOCUMENTATION, AND ALL RELATED SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE.” BUILT KINDLY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED IN THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Well-Being Insights

No Platform Outputs shall constitute or shall be construed as medical, psychological, legal, human resources, compliance, or any other form of professional advice. Platform Outputs shall not be used as the basis for, or relied upon in connection with, any employment decision, including but not limited to hiring, termination, promotion, demotion, discipline, compensation, scheduling, or performance evaluation. Customer shall ensure that all Platform Outputs are thoroughly reviewed, validated, and independently assessed by a qualified human reviewer before any action is taken or decision is made based on or informed by such Platform Outputs. CUSTOMER IS SOLELY LIABLE FOR CUSTOMER’S USE OF OR FAILURE TO USE ANY INFORMATION OR DATA OBTAINED OR DERIVED FROM THE PLATFORM OR ANY PLATFORM OUTPUTS. CUSTOMER IS SOLELY RESPONSIBLE FOR ALL DECISIONS MADE USING INFORMATION OR DATA DERIVED FROM THE PLATFORM OR ANY PLATFORM OUTPUTS, AND BUILT KINDLY SHALL HAVE NO LIABILITY FOR ANY ACTION TAKEN OR NOT TAKEN BY CUSTOMER OR ANY AUTHORIZED USER IN RELIANCE ON THE PLATFORM OR ANY PLATFORM OUTPUTS.

Third-Party Services

BUILT KINDLY DISCLAIMS ALL WARRANTIES REGARDING THIRD-PARTY SERVICES AND ANY DATA EXCHANGED WITH OR PROVIDED BY THEM.

15. Unapproved Integrations

Built Kindly shall have no responsibility or liability for any issues, damages, losses, security vulnerabilities, data corruption, service degradation, or other adverse effects arising out of or related to any Unapproved Integrations. Customer assumes all risk associated with Unapproved Integrations and acknowledges that such integrations may impair the functionality, performance, security, or availability of the Platform. Built Kindly makes no representations or warranties that the Platform will be compatible with, or function properly in connection with, any Unapproved Integrations. Any warranties, indemnification obligations, or other commitments of Built Kindly under this Agreement shall not apply to any claim or issue arising from or related to any Unapproved Integration.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO BUILT KINDLY UNDER THIS AGREEMENT FOR THE PLATFORM GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICH AMOUNTS AS TO CUSTOMER’S LIABILITY SHALL INCLUDE AMOUNTS BOTH PAID AND PAYABLE. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (A) CUSTOMER’S PAYMENT OBLIGATIONS; (B) CUSTOMER’S BREACH OF SECTION 4 (RESTRICTIONS ON USE); AND (C) CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 17 (INDEMNIFICATION).

17. Indemnification

Customer shall indemnify and hold harmless Built Kindly and its employees, agents, officers, and directors from and against any and all losses arising from or related to: (i) Customer Data; (ii) Customer’s or any Authorized User’s use of the Platform in violation of this Agreement or applicable law; (iii) Customer’s negligence, willful misconduct, or material breach of this Agreement; or (iv) Customer’s unauthorized use or modification of the Platform, including the use of unapproved integrations or Third-Party Services not authorized in writing by Built Kindly. Customer shall not enter into any settlement without Built Kindly’s prior written consent.

18. Term; Termination; Suspension

Term

This Agreement begins on the Effective Date and continues until terminated as set forth in this Section 18.

Termination for Convenience by Built Kindly

Built Kindly may terminate this Agreement at any time for any or no reason on at least thirty (30) days’ prior written notice to Customer.

Termination of Subscription by Customer

Customer may terminate its subscription at any time prior to the end of the then-current billing period via the Platform. Termination is effective at the end of the billing period in which Customer cancels.

Suspension and/or Termination for Non-Payment

Customer’s access to the Platform may be suspended or terminated if Customer fails to pay any Fees when due.

Effect of Termination

Upon termination: (a) all rights and licenses terminate; (b) Customer must cease all use and delete the Platform and Documentation; (c) unpaid Fees become immediately due; (d) the parties shall return or destroy all Confidential Information of the other party in its possession or control; and (e) the following Sections shall survive any expiration or termination of this Agreement and shall continue in full force and effect thereafter: Section 1 (Definitions), Section 4 (Restrictions on Use), Section 6 (Billing), Section 8 (Ownership), Section 9 (Customer Data License), Section 10 (Confidential Information), Section 14 (Disclaimers), Section 15 (Unapproved Integrations), Section 16 (Limitation of Liability), Section 17 (Indemnification), Section 18(e) (Effect of Termination), Section 19 (Export; Sanctions; Compliance), Section 20 (Governing Law; Venue), Section 21 (Notices), and Section 22 (Miscellaneous). Any other provisions that by their nature are intended to survive termination or expiration of this Agreement, including any provisions requiring post-termination payment by Customer, shall also survive.

Data Retention and Deletion

Upon expiration or termination of this Agreement or any free trial period for any reason, Built Kindly will have no obligation to maintain Customer Data and may delete Customer Data from the Platform at our sole discretion. Customer is responsible for regularly backing up Customer Data. Upon termination of this Agreement for any reason by either party, Customer will be given an opportunity to download Customer Data immediately at such termination and for the five (5) day period immediately thereafter. Customer’s failure to download Customer Data during this five (5) day period will result in Customer’s loss of Customer Data. After such five (5) day period, Built Kindly will destroy all Customer Data and will no longer maintain Customer Data.

Suspension by Built Kindly

Built Kindly may in its sole discretion suspend access to the Platform immediately if: (a) Customer fails to pay the applicable Fees; (b) Customer’s use of the Platform poses a security risk or may harm the Platform or others; (c) Customer or any Authorized User violates this Agreement; or (d) as required by law. Suspension shall continue until Built Kindly in its sole discretion determines that the issues giving rise to the suspension have been fully resolved.

19. Export; Sanctions; Compliance

Customer represents and warrants that it and its Authorized Users are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and are not identified on any U.S. government restricted party list. Customer will not export, re-export, or transfer the Platform in violation of U.S. export control or sanctions laws. Customer will comply with all applicable laws in connection with its use of the Platform.

20. Governing Law; Venue

This Agreement shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, without regard to any conflicts of laws rules. The state courts in Bucks County, Pennsylvania and the federal district court in the Eastern District of Pennsylvania, Philadelphia, Pennsylvania shall have exclusive jurisdiction over any disputes arising out of this Agreement. If either party prevails in any action, suit, or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable attorneys’ and professionals’ fees and costs in addition to any other relief awarded. The prevailing party’s right to the foregoing attorneys’ and professionals’ fees and costs shall not merge with but shall survive the entry of judgment and shall extend to appeals and collections.

21. Notices

All notices must be in writing and addressed to the other party at its address set forth below (or to such other address that the receiving party may designate from time to time in accordance with this Section 21). Unless otherwise agreed to by the parties, all notices must be delivered by personal delivery, nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a notice is effective only (a) on receipt by the receiving party; and (b) if the party giving the notice has complied with the requirements of this Section. Legal notices to Built Kindly must be sent to:

Built Kindly, LLC
411 S. State Street, Suite N100
Newtown, PA 18940
Attn: Legal
[email protected]

Notices to Customer must be emailed to an Admin User at the email address on file with Built Kindly, by personal delivery, nationally recognized overnight courier, or certified or registered mail (return receipt requested, postage prepaid).

22. Miscellaneous

Neither party may assign this Agreement to any third party except that Built Kindly may assign this Agreement without Customer’s consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets to or with any third party. Any purported assignment or delegation in violation of this Section 22 shall be null and void. Notwithstanding the foregoing, this Agreement is binding and shall inure to the benefit of each party’s permitted successors and assigns. If any provision is unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder will remain in effect. Any waiver must be in writing and signed by the waiving party. Failure to enforce is not a waiver. Neither party is liable for delays or failures due to causes beyond its reasonable control, including acts of God, labor disputes, disruptions of internet or hosting providers, or governmental actions, provided the affected party uses reasonable efforts to mitigate. This Agreement, together with any plan selections or ordering details displayed within the Platform, and incorporating our Terms of Use and Privacy Policy by reference, constitutes the entire agreement and supersedes all prior or contemporaneous agreements on the subject. No terms on any purchase order or similar Customer-provided document shall have any effect unless expressly accepted in writing by Built Kindly.

By clicking “I Agree” or otherwise using the Platform, you acknowledge that you have read and agree to this Agreement and that you have authority to bind the Customer.