Terms of Service
Buildspace, a seisser.tech GmbH brand, Terms of Service Effective Date: 11 June 2025
1. Our Agreement
Thank you for choosing Buildspace! These Terms of Service ("Terms") form a legal agreement between you and seisser.tech GmbH ("Buildspace", "we", "us"). They govern any contractual relationship, except as otherwise agreed, between Buildspace and its customers including use of our website, services, and any applications we provide (collectively, the "Service"). They govern pre-contractual relations with the same effect. By using our Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
Who Can Use Our Service: Our Service is designed exclusively for businesses and professionals. These Terms are applicable only to "Entrepreneurs" within the meaning of Section 14 of the German Civil Code (BGB). By using the Service, you affirm that you are acting in a commercial or self-employed professional capacity and not as a consumer.
If you are using Buildspace on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
Dedicated Enterprise Terms, SLAs, DPAs and contractual arrangements tailored to your needs are available through our contact channels.
Please contact us if you have any questions at [email protected]!
2. Your License to Use the Service
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Service for your internal business purposes.
To use the Service, you may make use of an existing Authentication Account at a third-party authentication service as specified on our Website. The status of your Buildspace account has no bearing on this external account.
By using the Service, you represent that you are at least 18 years old and have the full legal capacity to enter into a binding contract.
3. Your Responsibilities
You are responsible for all activity that occurs under your account. You are solely responsible for keeping your password and other credentials secure.
You agree to comply with all applicable laws in connection with your use of the Service, obtain any necessary third-party permissions, and pay any taxes or other charges associated with your use of the Service. You further agree not to misuse the Service, as described in detail in the Prohibited Conduct section (Section 13).
4. User Content and Generated Content
This section covers your ownership of your content and the limited permission we need to operate the Service for you.
4.1. Your Ownership of Your Content and Creations
We have a simple principle: you own what you create. You retain all rights, title, and interest in:
- "User Content": The data, files, text, prompts, or other materials you provide for the Service to process.
- "Generated Content": The specific output created by the Service at your direction by processing your User Content, such as a generated video or image.
You are free to use your Generated Content for any purpose, including commercially, subject to these Terms.
4.2. Our License to Your User Content
By providing User Content to the Service, you grant Buildspace a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works of, display, and distribute your User Content.
We use these rights for two specific purposes:
1. To Operate and Provide the Service: We need these permissions to perform essential functions, such as hosting your files, processing them to create your Generated Content, and displaying them back to you.
2. To Improve and Promote the Service: For users on our standard plans, we also use this license to analyze content and usage patterns to train our AI models, enhance our features, and improve the overall platform. This helps us build a better, smarter service for everyone. While you can delete your User Content at any time from our active systems, you agree that any de-identified data or model improvements we have derived from your content are perpetual and irreversible. This license also gives us the right to promote the Service and, for example, showcase the capabilities of our platform by featuring select Generated Content in our marketing materials.
This right to improve the Service does not apply to subscribers on our Enterprise plan. For Enterprise customers, the license is strictly limited to operating and providing the Service to you, as defined in your specific agreement.
4.3. Your Responsibility
You are solely responsible for your User Content and Generated Content. You represent and warrant that you have all necessary rights to your User Content and that your use of the Service does not infringe on any third-party rights or violate any laws or the terms of this Agreement.
Any transactions conducted between you and any third party through or in connection with the User Content, including but not limited to payments, delivery of products or services, and any associated terms, conditions, warranties, or representations, are solely between you and the respective third party. Consequently, we bear no responsibility or liability for any loss or damage incurred as a result of such dealings. Buildspace is further not responsible for the quality, accuracy, or fitness of your User Content, except to what is required by law.
4.4. Our Enterprise Commitment
For subscribers to our Enterprise plan, our handling of your User and Generated Content is subject to stricter controls as defined in your specific agreement, providing a firewalled environment for your intellectual property.
4.5 Third-Party Intellectual Property Rights
You represent and warrant that you have all necessary rights and permissions to grant the licenses described in Section 4.2 and that your User Content does not infringe upon any third-party intellectual property rights. If your User Content includes third-party software or code, you must comply with all applicable licensing terms. While Buildspace undertakes reasonable efforts to only facilitate the provisioning of open-source software with licenses that prohibit commercial use, it is your responsibility to read and comply with the source code and licenses and ensure compliance within your jurisdiction and organization.
4.6 Acceptable Use
Your use of Buildspace, including the User Content, is subject to Buildspace's Terms of Service and provisions on Acceptable Use and Prohibited Conduct.
5. Intellectual Property Rights
All rights, title, and interest in and to the Buildspace Service are and will remain the exclusive property of Buildspace and its licensors. The Buildspace name, logo, and all related names, logos, product, and service names are trademarks of Buildspace or its affiliates or licensors. You may not use them without the prior written consent of Buildspace.
You acknowledge that Buildspace and its licensors retain all proprietary rights to the Buildspace service, including copyrights, trademarks, patents, trade secrets, and other intellectual property rights. You agree not to infringe upon Buildspace's intellectual property rights or those of any third party in connection with your use of the service and not engage in any of the Prohibited Conduct in Buildspace’s Terms of Service.
You are aware that the Service may use and contain open-source software components and such components are governed by the respective open-source licenses.
6. Feedback and Service Improvement
We value your ideas and encourage you to share your feedback to help us build a better platform.
6.1. Submitting Feedback
Any suggestions, ideas, feature requests, bug reports, design documents, or other submissions you provide to us with the intent of modifying or improving the Service are considered "Feedback and Submissions."
6.2. Your License Grant for Feedback
To ensure we can legally build and improve our Service using your ideas, you grant Buildspace a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, incorporate, commercialize, and otherwise exploit any Feedback and Submissions you provide for any purpose, without any obligation or compensation to you.
6.3. No Obligation
While we appreciate your feedback, we are under no obligation to implement it or use it in any way. Providing feedback does not create any partnership or entitlement.
7. Confidentiality
For subscribers to our Enterprise plans, your content is subject to the strict confidentiality measures of your specific agreement. For all other users, any feedback or submission you provide to us is considered non-confidential. This allows us to freely use your ideas to improve the Service for everyone, without obligation. Our treatment of your Personal Data is separate and distinct, and is always governed exclusively by our Privacy Policy.
8. Ordering and Payment
Buildspace offers and you may purchase orders for services from Buildspace. Our offers are subject to change and are non-binding. Buildspace reserves the right to make technical and other changes within the reasonable scope. You enter into a binding contract by placing the order. We are entitled to accept or reject the contract within a period of five (5) working days after we receive the order. We are not bound to accept your order by merely confirming its receipt and the contract it contains.
When placing the order, you agree to pay the applicable fees (“Fees”) as indicated on the order or on our Website, including the currency, using the agreed method of payment. The currently valid prices are displayed before the respective purchase is finalized within our website or payment processing partner. You must comply with the terms and conditions of any payment processing partner used to pay your invoice.
Invoices must be paid in advance within fourteen (14) days from the invoice date, which will be sent electronically to the email address you provide. If you are paying by credit card, you authorize Buildspace or its payment processing partner to charge your credit card for all amounts due; and agree to provide updated credit card information to Buildspace as necessary to cover the Fees or other amounts owed. Unless otherwise specified in the order, you agree to pay via bank transfer to the Buildspace bank account listed on the invoice.
You are responsible for providing true, correct, and complete billing and contact information to Buildspace and for notifying Buildspace of any changes in this regard.
8.1 Buildspace Credits
We may offer a internal consumption units for purchase. They may be denoted as "Credits", "Buildspace Credits" or may also be denoted by the "฿" symbol. Buildspace credits are not attached in any way or related to real-world currencies and must not be resold. When you purchase Buildspace Credits, you agree to pay the applicable Fees in advance at the time of your order. You understand and acknowledge that Buildspace Credits can only be used on Buildspace to run software on virtual machines, use tokens, generate images, videos, consume traffic bandwith, storage space or consume similar consumables within Buildspace. The current description, options, and usage rates for Buildspace Credits are on the Buildspace website or provided to you in text form. The consumption of such consumables is immediate and irreversible. For this reason, all purchases of Buildspace Credits are final and non-refundable at the time of purchase.
8.2 Taxes and Regulations
Our prices do not include statutory value-added tax (VAT). You are solely responsible for any applicable taxes and related costs. We will invoice and charge you the applicable VAT together with the Fees. If we have a legal obligation to pay or collect taxes for which you are responsible, we will invoice you and you will pay that amount, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.
8.3 Late Payment
If you fail to pay undisputed Fees within the agreed payment term, we may charge late payment fees, including the applicable legal interest rate for late payment and any reasonable collection costs. We may also suspend the Services until such amounts are paid in full, provided that we give you at least 14 days' prior notice that your payment is overdue.
8.4 Interest on Late Payments
If we permit you to make a late payment, we reserve the right to charge interest on the late payment, beginning on the due date, in accordance with paragraph § 288 of the German Civil Code (BGB).
8.5 Export and Import Regulations
You are obligated to comply with any applicable export and import control regulations, in particular the US regulations as well as all other relevant regulations.
9. Warranty and Documentation
Buildspace is currently a beta software under development. Save as expressly provided in these terms and conditions, to the fullest extent allowable by applicable law, our services, documentation, and all related information are provided on an “as is” and “as available” basis, without any representations, conditions, warranties, guarantees, or undertakings of any kind, express or implied. Buildspace does not make any implied warranties as to any products, services, docdumentation, or other tangible or intangible materials provided by us regaring quality, functionality, accuracy, usability, or reliability of the services, or arising by course of dealing or performance or by custom or usage in the trade.
Before commencing use of our service, you must review our documentation. Continued use of our service implies you agree it constitutes technical documentation and intelligible instructions for use of the services.
You shall check the service immediately upon receipt for obvious defects and inform us immediately of any defects found. We are not accountable for service defects or associated defects in case the service was supplied or provided without payment and the defects have not been left intentionally undisclosed.
Your usage of Buildspace is at your own operational risk. You are responsible to use our services in an appropriate manner in compliance with these terms as well as all laws, including specific national or sectoral regulations and statutes applicable to you. AI can make mistakes. The Service may produce incorrect, incomplete, or flawed output. Your usage of Buildspace is at your own operational risk, and you are responsible for validating all Generated Content before use.
10. Liability
10.1 General Liability
Buildspace (seisser.tech GmbH) and you shall be mutually liable without limitation for damages:
- Resulting from intentional or gross negligence misconduct of the Parties, its legal representatives, or vicarious agents,
- Resulting from a breach of a guarantee taken over by the respective Party,
- Resulting from a defect that is maliciously concealed,
- Resulting from an injury to life, body, or health, and
- According to the German Product Liability Act.
Buildspace shall be liable without limitation for damages arising from the lack of a guaranteed quality or in case of fraudulent concealment of defects.
Liability under the German Product Liability Act remains unaffected.
10.2 Liability for Breach of Contractual Obligations
In the case of a breach of essential contractual obligations (cardinal duties), which are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely on, due to slight negligence by Buildspace, its legal representatives, or vicarious agents, the liability of Buildspace shall be limited to the foreseeable damage typical for the contract at the time of conclusion of the contract. You agree that any damages or costs due to loss of profits, revenue, sales, goodwill, use, use of content, data, impact on business, business interruption, loss of business opportunity, loss of anticipated savings, or comparable intangible losses will be considered as damages that are not foreseeable within the meaning of this Section.
10.3 Other Damages
a. For damages not covered in sections 10.1 and 10.2 above, Buildspace shall be liable only in cases of intent and gross negligence by Buildspace, its legal representatives, or vicarious agents.
10.4 Liability Cap
a. Unless otherwise stipulated in sections 10.1, and provided that Buildspace is liable for damages under these terms, the aggregate liability of Buildspace, together with all its affiliates, arising out of or in any way connected to these Terms & Conditions, shall not exceed the total amount of fees paid by you under these Terms in the twelve (12) months immediately preceding the first claim to arise under the agreement. b. This limitation of liability shall not apply to unlimited liability cases as described in sections 10.1.
10.5 Scope of Liability
a. The limitations of liability mentioned above apply to all claims for damages, irrespective of their legal basis, including claims for tort damages. b. These limitations of liability also apply mutually in the case of any claims for damages against employees, vicarious agents, or legal representatives of the respective party.
10.6 Liability for Free Services
a. If the customer receives the services for free, Buildspace's liability for slight negligence is excluded, and section 10.2 is not applicable and the Liability Cap in section 10.4 shall amount to five hundred (500,00) Euro.
10.7 Statute of Limitations
a. Claims for damages by the customer, except for claims due to injury to life, body, or health or freedom, claims based on the German Product Liability Act, and claims based on intentional or grossly negligent breaches of duty by Buildspace, its legal representatives, or vicarious agents, shall become time-barred within one year from the statutory commencement of the limitation period.
11. Indemnification
You agree to indemnify and hold harmless Buildspace, its affiliates, officers, agents, employees, and licensors from any claim or demand, including reasonable attorneys' fees, arising out of your use of the Service, your violation of this Agreement, or your infringement of any intellectual property or other rights of a third party.
12. Termination
Either party may terminate this Agreement without cause by providing a 15-day notice through email ([email protected]). Furthermore, both you and Buildspace reserve the right to terminate this Agreement with immediate effect for a significant reason (wichtiger Grund). A significant reason (wichtiger Grund) on the part of Buildspace includes, but is not limited to, situations where (i) the Customer fails to comply with their obligations under this Agreement; (ii) the Customer is delinquent in payment for more than six (6) weeks; (iii) the Customer violates the terms of Fair and Acceptable Use as outlined in this Agreement; (iv) a substantial change occurs in the cooperation between Buildspace and other companies that is essential for Buildspace to provide its Service, including but not limited to the termination or significant alteration of the operation of software or service, a cessation of cooperation, or materially changed pricing conditions; (v) a significant change in the availability of resources that are crucial for Buildspace to provide its Service occurs; or (vi) the Buildspace Service is discontinued due to reasons beyond Buildspace's control or altogether. Upon termination, provisions regarding Liability, Warranty or Guarantee, Term, Confidentiality, AI-Generated Content and AI Agency, Intellectual Property Rights, User Generated Content Intellectual Property Rights, User Content, Indemnification, Prohibited Conduct, and Miscellaneous shall remain in effect.
13. Prohibited Conduct
In using the Buildspace Service, you agree not to engage in any of the following prohibited activities: a. Circumvent, manipulate, or interfere with Buildspace's fee structure, billing process, or fees owed to Buildspace. b. Access, or attempt to access, any Buildspace systems, programs, data, or accounts that are not made available for public use, or for which you have not been granted explicit permission to access. c. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices displayed in or along with the Buildspace service. d. Capture screenshots, record, or otherwise reproduce and share any content, features, or functionality of the Buildspace service without express written permission from Buildspace. This includes, but is not limited to, any proprietary algorithms, user interface designs, and user experience flows. e. Use the Buildspace service to develop a competing product or service or copy any features, functions, software, graphics, or user interface of the Buildspace service and its related software. f. Engage in any activity that directly or indirectly infringes upon the intellectual property rights of Buildspace or any third party, including theft, piracy, or unauthorized distribution of content or technology. g. Work around any technical limitations in the Buildspace service, use tools to enable features or functionalities that are otherwise disabled, or decompile, disassemble, or otherwise reverse engineer the Buildspace service or its underlying AI models, except as expressly permitted by applicable law. h. Circumvent or attempt to circumvent any measures designed to prevent or restrict access to the Buildspace service, or any other systems or networks connected to the service. i. Copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way material from the Buildspace platform, except as expressly permitted by these Terms or as necessary for backups of your data in accordance with our policies. j. Use, display, mirror, or frame the Buildspace service, any individual element within the Buildspace service, the Buildspace name, trademark, logo, or other proprietary information, without Buildspace's express written consent. k. Use any meta tags or other hidden text or metadata utilizing a Buildspace trademark, logo, URL, or product name without Buildspace's express written consent. l. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Buildspace service. m. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Buildspace service. n. Perform or attempt to perform actions that would interfere with the proper working of the Buildspace service, prevent access to or use of the service by Buildspace's other users, or impose an unreasonable or disproportionately large load on Buildspace's infrastructure. o. Use framing techniques to enclose any trademark, logo, or other proprietary information of Buildspace without express written consent from Buildspace. p. Access or search the Buildspace service or download content from the service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than those provided by Buildspace or generally available third-party web browsers. q. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including spoofing “From” headers to display a third party service. r. Engage in or promote any activity that uses the Buildspace service for any illegal purpose or in violation of any local, state, national, or international law or regulation. s. Distribute sexually explicit or violent material, or exploit minors in any way. t. Create or transmit libelous, defamatory, or fraudulent content. u. Discriminate against or abuse individuals or groups based on race, ethnicity, nationality, religion, gender, sexual preference, disability, or any other characteristic. v. Spread false or misleading information that could harm the public interest. w. Use the service for any malicious activities, send spam, or other unsolicited messages in violation of applicable laws, conduct or promote phishing scams, cryptocurrency mining without explicit authorization, automated or bulk registrations, or other forms of abuse that impose an unreasonable load on our infrastructure as well as using bots, scrapers, or other automated methods to access the service for any purpose without our express written permission. x. Offer or sell illegal or potentially illegal Commercial Products, including those counterfeit, stolen, or fraudulent. Commercial Products sold using the Services must comply with all applicable laws. y. Offer or sell Commercial Products that infringe, or have the potential to infringe, the intellectual property rights or proprietary rights of another. z. Offer or sell any Commercial Products that are inappropriate, offensive, pornographic, sexually explicit, or violent. aa. Offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. bb. Offer or sell any Commercial Products that infringe upon, or have the potential to infringe upon, an individual’s privacy, or that may be libelous, slanderous, or otherwise defamatory. cc. Use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products, without first obtaining that third party’s permission. dd. Use the Buildspace service to send spam or unsolicited commercial email (UCE). Ensure all recipients have explicitly opted-in to receive emails from you. Outgoing spam from our servers will not be tolerated. Spam is defined as unsolicited e-mail. All mailing lists must be double opt-in, meaning that clients must sign up and then verify their e-mail address to be added to your mailing list. ee. Use the Buildspace service to request, collect, or send any non-public or personally identifiable information about another user, or any other person, without their express prior-written consent. ff. Use the Buildspace service to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, or any other content that Buildspace deems inappropriate. gg. Transmit any message, information, data, text, software, image, or other content that is not owned by you or legally licensed to you, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable, which may violate another’s right of privacy or publicity. hh. Send through the Buildspace service any unethical, false, or misleading advertising, promotions, or sales efforts and practices. ii. Post or transmit any material that contains a virus or corrupted data. jj. Use purchased or rented email lists. kk. Use third party email addresses, domain names, or mail servers without proper permission. ll. Send emails to non-specific addresses or distribution lists, newsgroups, publicly available press, media addresses, or purchased email addresses. mm. Send emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves were not actually spam or UCE). nn. Disable or fail to include a working “unsubscribe” link in every email, which allows the recipients to remove themselves from your mailing list. oo. Disable or fail to comply with any request from a recipient to be removed from your mailing list within seven (7) calendar days of receipt of the request. You cannot charge a fee, require the recipient to give you any personally identifiable information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request. pp. Disguise the origin or subject matter of any email, or falsify or manipulate the originating email address, subject line, headers, or transmission path information for any email. qq. Include “junk mail”, “chain letters”, “pyramid schemes”, incentives (e.g., coupons, discounts, awards, or other incentives), or other material in any email that encourages a recipient to forward the email to another recipient. rr. Submit any User Content or request with the intent to create an application or content that is designed for any illegal purpose or to violate these Terms. ss. Fail to comply with export and import regulations.
Reporting Unauthorized Use
You agree to promptly notify Buildspace if you become aware of any unauthorized use of the Buildspace service or any other breach of these Terms related to intellectual property theft or infringement.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Germany. The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement shall be Düsseldorf, Germany.
15. Changes to Terms of Service
Buildspace reserves the right to modify these Terms of Service at any time. We will provide notice of such changes by updating the date at the top of these Terms of Service and, where feasible, providing direct notice. Your continued use of the Service after such changes have been notified will constitute your consent to those changes.
16. Miscellaneous
This Agreement constitutes the entire agreement between you and Buildspace regarding the Service and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. You have certain statutory rights that cannot be limited or excluded by a contract like these Terms or that you are legally entitled to. These Terms are in no way intended to affect or restrict those rights.
17. Contact Us
If you have any questions about these Terms of Service, please contact us at [email protected] or use the contact information at the bottom of this document. By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.