Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you ("you", "your") and Building Things Inc. ("we", "us", "our") governing your use of GIF it - AI yourself into GIFs (the "App"). By downloading, accessing, or using the App, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the App.

You must be at least [18 / the age of majority in your jurisdiction] years old, or the minimum age required to consent to processing of personal data where you live, whichever is higher, to use the App. By using the App you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.

The App lets you create and modify memes from images you provide, including images containing your likeness, by combining them with third-party content (such as GIFs and stickers from GIPHY and potentially other providers) and processing them on our server using automated systems, including AI models.

You acknowledge and agree that:

• the images and memes you submit are transmitted to and processed on our server;
• the AI models and third-party providers used to process content may change at any time and may be substituted without notice;
• the features, content sources, and behavior of the App may change, and parts of the App may be added, modified, or removed at any time.

*[Include if the App has accounts; otherwise delete.]* You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at support@buildingthingsinc.com of any unauthorized use.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the App for your own non-commercial use *[edit if commercial use is allowed]*. We reserve all rights not expressly granted.

a) Ownership. As between you and us, you retain ownership of the original images you upload and, subject to third-party rights in any incorporated content, the memes you create ("Your Content").

b) Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, display, modify, adapt, and process Your Content solely as necessary to operate and provide the App to you — including sending it to our server, processing it through AI models, and combining it with third-party content to generate the memes you request. This licence ends when Your Content is deleted, except for backups retained for a commercially reasonable period and anything we must retain by law.

c) Your representations and warranties. For every image and piece of content you submit, you represent and warrant that:

1. you own it or have all rights, licences, and permissions necessary to upload it and have it processed as described;
2. you have the consent of every identifiable person depicted, including for use of their face or likeness;
3. it does not infringe or violate any intellectual-property right, privacy or publicity right, or any other right of any person;
4. it is not unlawful, defamatory, obscene, hateful, harassing, sexually exploitative, or otherwise prohibited under Section 7.

d) Public-exposure acknowledgement. You understand and agree that our security is best-effort and that we do not guarantee the confidentiality of Your Content. You will not upload any image you would not be willing to have become public.

You agree not to:

• exceed, circumvent, or interfere with any rate limits, quotas, or other usage restrictions we impose;
• abuse, overload, disrupt, or attempt to gain unauthorized access to the App, our servers, or related systems, including via bots, scrapers, denial-of-service techniques, or automated bulk requests;
• use the App in any unlawful, harmful, fraudulent, infringing, or otherwise inappropriate manner;
• upload, create, or distribute content that is illegal, infringing, defamatory, obscene, sexually exploitative (including any content depicting minors), hateful, harassing, threatening, or that depicts or promotes violence or that uses another person's likeness without their consent;
• use the App to impersonate or harm others or to create deceptive content intended to mislead;
• reverse engineer, decompile, or attempt to extract source code, models, or underlying technology, except to the extent this restriction is prohibited by law;
• remove, obscure, or alter any proprietary notices, including any attribution required by third-party providers (e.g., GIPHY).

We may investigate and take any action we consider appropriate for a violation, including removing content, throttling or suspending access, and terminating your use of the App.

We may set and change rate limits and other usage restrictions at any time. You agree to comply with them and not to attempt to bypass them. We may throttle, suspend, or terminate access for users who exceed or evade these limits.

The App relies on third-party content, media, and technology providers ("Third-Party Providers"), currently including GIPHY and potentially others. We maintain the current list of Third-Party Providers, with links to each provider's terms, at [https://buildingthingsinc.com/subprocessors](https://buildingthingsinc.com/subprocessors). Adding a provider to that list incorporates its terms into these Terms automatically.

9.1 You are bound by each provider's terms. As a condition of using any feature powered by a Third-Party Provider, you agree to comply with, and to be bound by, that provider's applicable terms of service, acceptable-use rules, community guidelines, and privacy policy, as they may be updated. For GIPHY, this includes the GIPHY User Terms of Service, the GIPHY Privacy Policy, the GIPHY Community Guidelines, and the GIPHY DMCA/Copyright Policy. If you do not agree to a Third-Party Provider's terms, you must not use the features that rely on that provider.

9.2 Flow-down obligations. Without limiting any provider's own terms, when you use Third-Party Provider content or services through the App you agree that you will not, and will not attempt to:

• submit, create, or distribute content that infringes any patent, trademark, copyright, trade secret, right of publicity, or right of privacy, or that is unlawful, fraudulent, defamatory, threatening, harassing, or otherwise objectionable;
• impersonate any person or entity, or use the content to suggest endorsement, sponsorship, or affiliation by a Third-Party Provider where none exists;
• crawl, scrape, harvest, or index a provider's content or services, or reverse engineer or attempt to obtain their source code or underlying models;
• transmit malware or take any action that imposes an unreasonable or disproportionate load on a provider's systems, or that otherwise violates the provider's acceptable-use or community rules (including content-rating and prohibited-content rules);
• remove, obscure, or alter any attribution, branding, or proprietary notice a provider requires to be displayed.

9.3 Providers as third-party beneficiaries. Each Third-Party Provider is an intended third-party beneficiary of this Section 9 and of your related representations in these Terms, and may enforce them directly against you. You acknowledge that Third-Party Providers are not parties to these Terms, do not provide you any warranty, and are not responsible or liable to you in connection with the App, and that content and services they supply are owned by them or their licensors and provided to you only under the limited licence in their terms. Where a provider's terms include a dispute-resolution, arbitration, or class-action-waiver provision, that provision governs disputes between you and that provider.

9.4 No provider warranty; our role. We do not control and are not responsible for Third-Party Providers or their content, and we make no warranties about them. A provider may change, restrict, or discontinue its service at any time, and we may add, substitute, or remove providers, which may change or remove features of the App.

The App and all software, models, designs, text, graphics, and other materials we provide (excluding Your Content and third-party content) are owned by us or our licensors and are protected by intellectual-property laws. Except for the licence in Section 5, these Terms grant you no rights in them.

THE APP AND ALL CONTENT AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by law, we disclaim all warranties, express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, we make no guarantee and accept no responsibility that:

• the App is or will be fit for any particular purpose or will meet your requirements;
• the App will be available, uninterrupted, timely, secure, or error-free at any given time, or available at all;
• any defect will be corrected, or that the App, our servers, or content are free of harmful components;
• the memes or output produced will be accurate, appropriate, or satisfactory;
• the App, the service, or our business will continue to operate or be available in the future — we may discontinue the App, in whole or in part, at any time without liability to you.

Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to the App, even if we have been advised of the possibility of such damages;
• this includes, without limitation, damages arising from your use of or inability to use the App, any unauthorized access to or loss of Your Content, any third-party content or services, and any discontinuation of the App;
• our total aggregate liability for all claims relating to the App will not exceed the greater of [the amount you paid us, if any, in the 12 months before the claim] or [USD $100 / nominal amount].

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited by law (such as, in some places, liability for death or personal injury caused by negligence, or for fraud).

You agree to indemnify, defend, and hold harmless Building Things Inc. and its officers, directors, employees, contractors, and agents from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the App; (b) Your Content, including any image, likeness, or meme you upload, create, or distribute; (c) your violation of these Terms; (d) your violation of any law or of any right of any third party, including intellectual-property, privacy, or publicity rights; and (e) your breach of any representation or warranty in these Terms.

We may, at our option, assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us.

We may suspend or terminate your access to the App at any time, with or without cause and with or without notice, including for any violation of these Terms or to comply with law. You may stop using the App at any time. Sections that by their nature should survive termination (including Sections 6(b)–(d), 7, 9–13, 15, and 16) will survive.

We may modify the App or these Terms at any time. If we make material changes to these Terms, we will update the "Last updated" date and provide notice where appropriate or legally required. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms. If you do not agree, stop using the App.

These Terms are governed by the laws of the State of Nevada, USA, without regard to its conflict-of-laws rules. You agree that the exclusive venue for any dispute arising out of or relating to these Terms or the App will be the state and federal courts located in Clark County, Nevada, and you consent to the personal jurisdiction of those courts.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the App and supersede any prior agreements.
• Severability. If any provision is held unenforceable, the rest remains in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them, including in connection with a merger, acquisition, or sale of assets.
• Severable from third-party stores. If you obtained the App through an app store, additional store terms may apply, and these Terms are between you and us, not the store.

Questions about these Terms: legal@buildingthingsinc.com · Building Things Inc., 9205 W. Russell Rd Ste. 305, Las Vegas, NV, 89149, USA.