1. Acceptance of Terms
By accessing and using Builder ("Platform," "Service," "we," "us," "our"), a service developed by Nimbusa, you agree to be bound by these Terms of Service ("Agreement"). If you do not agree to these terms, do not use the Platform. These terms apply to all users, including contractors, clients, and observers.
2. Definitions
- "User" — Any individual or entity using the Platform
- "Contractor" — A user offering services or skills
- "Client" — A user seeking services or posting jobs
- "Admin" — Builder staff with moderation authority
- "Content" — Text, images, files, messages, and other information posted on the Platform
- "Agreement" — This entire Terms of Service document
3. User Eligibility and Accounts
3.1 Age Requirement
You must be at least 18 years old to use Builder and represent that you have legal capacity to enter binding agreements. If under 18, use must be with parent/guardian consent.
3.2 Account Registration
You are responsible for maintaining account confidentiality, must provide accurate, truthful, and complete information, are responsible for all activity under your account, and agree to notify us immediately of unauthorized access.
3.3 Account Suspension
We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, harm other users, post illegal or offensive content, fail to comply with our policies, or violate applicable laws.
4. User Conduct and Prohibited Activity
Builder maintains a zero-tolerance policy for objectionable content and abusive users. Any user who posts objectionable content or engages in abusive behavior will be immediately removed and may be permanently banned. Objectionable content includes content that is defamatory, obscene, threatening, harassing, discriminatory, or otherwise violates these Terms. We reserve the right to remove any content and terminate any account at our sole discretion without prior notice.
4.1 You Agree NOT to:
Illegal Activity
- Violate any local, state, national, or international law
- Facilitate human trafficking, violence, or exploitation
- Sell regulated items (weapons, drugs, etc.)
- Participate in money laundering or fraud
- Use the Platform for terrorism financing
Fraud and Deception
- Create fake profiles or impersonate others
- Commit payment fraud or chargeback abuse
- Use stolen payment methods
- Manipulate pricing or bids
- Engage in collusion or bid-rigging
Harassment and Abuse
- Harass, threaten, or intimidate other users
- Send unsolicited sexual content or advances
- Discriminate based on protected characteristics
- Cyberbully or defame others
- Doxx (publish private information)
Intellectual Property, Technical Abuse, Spam
- Upload copyrighted content without permission or violate trademarks/trade secrets
- Scrape, republish, or reverse engineer the Platform
- Hack, attack, or exploit vulnerabilities; send spam or malicious code
- Post scams or misleading content; artificially boost ratings with fake reviews
- Send unsolicited bulk messages or manipulate platform algorithms
4.2 Consequences of Violation
Violations may result in suspension or permanent ban, loss of funds in escrow, reporting to law enforcement, civil or criminal liability, and platform-wide reputation damage.
5. Job Posting and Proposals
5.1 Client Responsibilities
Post accurate, complete job descriptions; pay agreed amounts on time; provide honest feedback; treat contractors with respect; and don't misrepresent your needs to negotiate lower prices.
5.2 Contractor Responsibilities
Submit honest, detailed proposals; disclose relevant qualifications; provide realistic timelines and budgets; communicate professionally; deliver work as promised; don't submit identical proposals to multiple clients; and don't conduct business outside the Platform.
5.3 & 5.4 Rate Limits and Rules
Job posting: max 5 posts/hour; content must be legal, non-discriminatory, genuine, and free of explicit material; cannot require illegal work or request personal info (SSN, credit card). Proposals: max 10/hour; must be relevant; cannot include external links or off-Platform payment requests.
6. Payments and Financial Terms
Payment processing: all payments processed through Stripe; Builder never handles credit card information; payments are final and non-refundable except for user dispute resolution, contractor non-performance, or technical errors (at our discretion).
Escrow: for jobs over $500, funds are held in escrow until job completion, released after mutual agreement, dispute resolution, or 60 days after completion (if no dispute).
Platform fees: Service Fee 10% of job amount (can vary); Payment Processing Fee 2.2% + $0.30 (Stripe); Contractor Payout Fee 0% (built into escrow).
Refunds & disputes: refunds may apply when a contractor didn't complete work, work doesn't meet specifications, a job was fraudulently posted, or there's a technical error. Process: file dispute → evidence reviewed → resolution within 7 days → refund in 5–10 business days. Tax: you are responsible for all applicable taxes; we provide payment records.
7. Intellectual Property Rights
You retain ownership of content you create. By posting, you grant Builder a license to store, display, operate, and analyze it for improvements — we will not sell or redistribute your content. You represent that your content is original or permitted, doesn't violate others' rights, and is accurate and lawful. Builder owns all Platform design, code, and branding; you may not copy, reproduce, reverse engineer, or use our logo without permission.
8. Limitation of Liability
The Platform is provided "AS IS" without warranties — no guarantee of availability, results, user quality/trustworthiness, or payment security, and no liability for lost profits or data. Under no circumstances shall Builder be liable for direct, indirect, or consequential damages; loss of profits, data, or business; fraud or scams perpetrated by users; quality or completion of work; or user disputes. Our maximum liability is limited to the amount you paid in fees in the last 12 months, or $100, whichever is greater. You use the Platform at your own risk — verify qualifications, use escrow, don't send money off-Platform, report fraud, and secure your account.
9. Dispute Resolution
Informal resolution first: contact the other party and attempt to resolve within 7 days. Mediation: if that fails, submit the dispute to Builder; an admin reviews evidence and makes a final, binding determination within 7 business days. We handle non-payment, escrow release, specification, and conduct disputes — not subjective "quality" judgments or matters involving illegal activity. Arbitration: remaining disputes go to binding arbitration (AAA rules), not court; the arbitrator's decision is final and costs are split. We cannot modify agreed contracts, executed payments, completed work, or final arbitration decisions.
10. Indemnification
You agree to indemnify and hold harmless Builder from any claims arising from your use of the Platform, violation of these Terms or third-party rights, illegal activity using your account, content you post or actions you take, and disputes between you and other users.
11. Termination
We may suspend or terminate your account for violations, illegal activity, fraud/abuse, 90+ days of inactivity, court order, or excessive disputes. Upon termination you lose access immediately, escrow funds are handled per policy, your content may be deleted, and you may not create new accounts. You can delete your account anytime via Settings → Account → Delete Account (permanent, with a 30-day grace period; active disputes resolved first).
12. Privacy and Data
For how we collect, use, and protect your data, see our Privacy Policy. Key points: all data encrypted in transit and at rest; no sharing with advertisers; no selling of personal data; you can export or delete your data; GDPR and CCPA compliant.
13. Third-Party Services
Builder uses Stripe for payments (Stripe Terms) and Google Firebase for hosting (Google Terms). We don't control third-party services and aren't responsible for their terms or issues — review their policies before using.
14. Modifications to Service
Builder may add, remove, or modify features; change pricing or fees (30-day notice); suspend the Platform for maintenance; and update these terms (30-day notice, new consent required). Continued use after changes = acceptance of new terms.
15–16. Severability & Governing Law
If any provision is found illegal or unenforceable, it is removed and the remaining terms continue in force. Governing Law: State of Delaware, USA; Jurisdiction: Delaware courts. International users consent to this jurisdiction; arbitration may occur in your location.
17. Contact and Support
Questions about these terms, reporting violations, or legal notices: nimbusadev@gmail.com (response within 24–48 hours). For violation reports, include the user account, a description, and evidence.
18–20. Entire Agreement & Changes
This Terms of Service, along with the Privacy Policy and any additional policies, constitutes the entire agreement between you and Builder, superseding previous agreements. We may update these Terms to reflect legal changes, improve features, or clarify policy — we will post updates, update the "Last Updated" date, email major changes, and require acceptance.
21. Your Rights and Responsibilities
| You Have the Right To: | You Have the Responsibility To: |
|---|---|
| Use the Platform freely | Obey laws and Terms |
| Keep your content ownership | Not post illegal content |
| Dispute and resolution | Provide honest information |
| Delete your account | Pay for services used |
| Privacy protection | Secure your account |
| Fair treatment | Treat others respectfully |
22. Acknowledgment
By using Builder, you acknowledge that you have read these Terms, understand and agree to them, are at least 18 years old, will follow all rules, and understand the risks.
Questions? Contact nimbusadev@gmail.com.