Built2Buy SaaS Subscription Agreement

Dotcomjungle, Inc. – Built2Buy

Effective Date: May 23, 2025

Parties: This Software-as-a-Service Subscription Agreement (“Agreement”) is entered into and between Dotcomjungle, Inc., an Oregon corporation (“Provider”), and the subscribing party (“Client”), and is effective upon the date signed below.

Definitions

“Services”: Access to the Built2Buy wholesale ordering platform, including updates, support, and features.
“Client Data”: All data submitted by Client or its users into the Services.
“Subscription Fees”: The monthly fees based on Client’s active Subscriptions and Services.
“Downtime”: Periods when Services are unavailable, excluding scheduled maintenance.

Subscription Grant & Scope Of Use

Provider grants Client a non-exclusive, non-transferable right to access and use the Services during the Term. Client shall not reverse-engineer, resell, or use the Services for unlawful or prohibited purposes.

Term & Termination

This Agreement is effective on the date Client subscribes to a payment option and continues month-to-month until canceled. Cancellation can occur at any time, with access ending at the close of the current paid period. Prorated refunds will not be provided.

Provider may suspend or terminate Services for cause with written notice if Client breaches this Agreement.

Client Data Retention: Upon termination, Provider will retain Client Data for 30 calendar days. After 30 days, all Client Data may be permanently deleted unless otherwise required by law.

Service Availability

While Provider endeavors to maintain consistent service, no specific uptime is guaranteed. Provider will make reasonable efforts to resolve extended downtime but disclaims liability for temporary unavailability.

Client Responsibilities

Client is responsible for:

Ensuring authorized and legal use of the Services
Compliance with applicable laws
Not introducing malware, infringing content, or using the system for illegal or unethical purposes
Maintaining the confidentiality of their account credentials

Data Security & Breach

Provider employs reasonable administrative, physical, and technical safeguards to protect Client Data.

In the event of a confirmed data breach, Provider will notify affected Clients within 72 hours with relevant details.

Provider shall not be liable for:

Security incidents caused by Client’s negligence
Indirect or consequential damages arising from data loss
Client’s failure to back up their own data (if applicable)

Clients are encouraged to maintain copies of critical data outside the system.

Confidentiality

Dotcomjungle and Client agree that neither Dotcomjungle nor Client will disclose information, strategic planning, discussions, or proposals, reviews, analysis and negotiations of contracted work being performed by Dotcomjungle for Client. These will remain personal and confidential between Dotcomjungle and Client.

Dotcomjungle retains the right to disclose needed information to employees and contractors in order to complete tasks for Client.

Dotcomjungle, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about Dotcomjungle to another party.

Both parties agree to maintain the confidentiality of proprietary or sensitive business information. This obligation survives for 2 years post-termination.

Intellectual Property

All rights, title, and interest in the Services (excluding Client Data) remain with the Provider.

Client retains ownership of their data.

Warranties & Disclaimers

Provider disclaims all warranties not expressly stated herein, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Services are provided “AS IS.”

Limitation Of Liability

To the maximum extent permitted by law:

Provider is not liable for indirect, incidental, or special damages (e.g. loss of profits, business interruption).
Total liability under this Agreement shall not exceed the total amount of Subscription Fees paid by Client in the prior 6 months.
This limitation does not apply to Provider’s gross negligence or willful misconduct.

Indemnity

Client agrees that it shall defend, indemnify, save & hold Dotcomjungle harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Dotcomjungle’s services. This includes Liabilities asserted against Dotcomjungle, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns.

Client also agrees to defend, indemnify & hold harmless Dotcomjungle against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed by Client. This includes infringing on the proprietary rights of a third party, copyright infringement, & delivering any defective product or misinformation which is detrimental to another person, organization, or business.

Client agrees to indemnify and hold harmless Provider from claims arising out of:

Client’s illegal or unauthorized use of the Services
Data submitted by Client that infringes third-party rights

Governing Law & Disputes

This Agreement shall be governed by the laws of the State of Oregon. Any disputes shall be resolved in the state or federal courts located in Jackson County, Oregon.

Acceptable Use Policy

This Acceptable Use Policy (“Policy”) outlines the prohibited uses of the Built2Buy platform (“Services”) provided by Dotcomjungle, Inc. (“Provider”). All clients and users of the Services (“Users”) are expected to comply.

By using the Services, you agree to abide by this Policy. Violations may result in suspension or termination of access without notice.

Prohibited Activities

Users shall not, directly or indirectly:

Illegal Activity: Use the Services for any unlawful, harmful, fraudulent, infringing, or offensive activity.
Security Violations: Attempt to gain unauthorized access to the platform, data, systems, or networks.
Interference: Disrupt or degrade the integrity or performance of the Services or third-party systems.
Malware: Upload or distribute any viruses, worms, spyware, adware, or malicious code.
Data Misuse: Collect or harvest data from the platform, including scraping, mining, or similar practices.
Misrepresentation: Impersonate another person or entity or misrepresent your affiliation with any person or entity.
Spam: Send unsolicited communications, promotions, or advertisements through the platform.
Pornography: Use the Services to sell, display or distribute pornographic content of any kind.

User Conduct and Responsibility

Users must:

Keep account credentials secure and confidential.
Promptly report any security concerns or misuse of the Services.
Ensure all content uploaded complies with applicable laws and does not infringe any third-party rights.

Enforcement

Provider reserves the right to:

Investigate any violation of this Policy.
Remove content that violates this Policy or applicable law.
Suspend or terminate accounts involved in violations.
Provider will cooperate with law enforcement agencies when legally required or at its discretion.

Promotion & Advertising

Client hereby grants to Dotcomjungle permission to reproduce and make reference to Client’s trade name and logotype and any variation thereof comprising a trademark of Client on Dotcomjungle websites and in any advertisements, promotional materials or proposals. Such reproduction and referencing shall be solely for purposes of communicating the fact that Client is or has been a customer of Dotcomjungle and shall be carried out in accordance with any Client guidelines relating to usage and reproduction of its trademarks and trade names. Additionally, Dotcomjungle may communicate to third parties a generic description of the kinds of Services provided to Client.

Miscellaneous

This Agreement constitutes the entire agreement between the parties and is available online at https://built2buy.com/built2buy-saas-subscription-agreement/.
The Agreement may be updated or amended from time to time at Provider’s sole discretion, without prior notice.
Continued use of the Services constitutes acceptance of the current version of the Agreement located at https://built2buy.com/built2buy-saas-subscription-agreement/
Any waiver or modification must be in writing.
Force Majeure: Neither party is liable for delays due to causes beyond their control.
Neither party may assign rights without the other’s prior written consent.