build.dev Terms of Service

Last updated: November 10, 2026

1. Agreement

These Terms of Service ("Terms") are an agreement between Build Software, Inc. ("build.dev", "we", "us") and the organization that uses the build.dev service ("you"). They also apply to anyone using our website. If you accept these Terms on behalf of an organization, you confirm that you have authority to bind it. If you have signed an order form or master agreement with us, it controls where it conflicts with these Terms.

By using the website or the service, you agree to these Terms. If you don't agree, don't use them.

2. The service

build.dev uses AI agents to plan, build, and test changes for issues from your issue tracker, and opens pull requests for them in your code host.

We may change, add, or remove features. Features we label as beta, preview, or pilot are provided as-is and may change or end at any time.

3. Accounts

The service is for business use by people who are at least 18 years old. Give us accurate account information and keep it up to date. Keep your sign-in credentials secure. You're responsible for activity under your account, and you'll tell us promptly at legal@build.dev if you learn of unauthorized use.

4. Connected tools

To use the service, you connect tools such as your issue tracker, code host, CI, and MCP servers, and grant the service access to them. You confirm that you have the right to connect each tool and to grant that access. Agents act only within the permissions you grant, for example to read and comment on issues, push branches, and open pull requests.

Connected tools are provided by third parties under their own terms. We aren't responsible for them, and changes to them may affect the service.

5. Your content and output

"Your Content" means data the service receives from you or your connected tools, such as issues, comments, code, CI results, and data from MCP servers. "Output" means the work the service produces for you: plans, code, tests, verification findings, and pull requests.

As between you and us, you own Your Content and the Output. To the extent we have any rights in the Output, we assign them to you.

You grant us a license to use Your Content to provide, support, secure, and improve the service for you. We never use Your Content to train models used for another customer.

6. Usage data

We collect data about how the service runs, such as run times, time spent in each stage, retry counts, and error rates ("Usage Data"). Usage Data doesn't include Your Content. We may use it in aggregated, de-identified form to operate and improve the service.

7. You review what you merge

Agents can make mistakes. Output may be incorrect, incomplete, or insecure, or may resemble code owned by others. The service asks your team to approve each plan before work starts and to review each pull request before it's merged. You're responsible for those reviews and for any Output you merge, deploy, or otherwise use.

8. Acceptable use

You won't, and won't let anyone else:
- use the service in violation of law or the rights of others;
- upload or create malware, or use the service to attack any system;
- try to escape a sandbox, access another customer's data, or get around the service's security measures or usage limits;
- reverse engineer the service, except where the law allows it despite this restriction;
- resell or sublicense the service, or use it to build a competing service;
- connect tools or submit content that you don't have the right to use.

We may suspend access that we reasonably believe violates this section. Where practical, we'll tell you first.

9. Fees and payment

You'll pay the fees for your plan or order form, which may include a subscription fee and usage fees for agent hours. Unless your order form says otherwise, we bill monthly and fees are due as stated on your invoice. Fees don't include taxes, and you're responsible for taxes other than those on our income. Fees are non-refundable except where these Terms or the law say otherwise.

We may suspend the service if payment is overdue, after giving you notice. We'll give you notice before changing prices, and changes apply from your next billing period.

10. Confidentiality

Each party may receive non-public information from the other ("Confidential Information"). Your Content is your Confidential Information. The receiving party will use the other's Confidential Information only to perform under these Terms, protect it with at least reasonable care, and share it only with people and providers who need it for that purpose and are bound by similar obligations. This section doesn't cover information that is public through no fault of the receiving party, that it already knew, that it developed independently, or that it lawfully received from someone else. A party may disclose Confidential Information when the law requires, after giving the other party notice where allowed.

11. Publicity

We may identify you as a customer, including by name and logo, on our website and in marketing materials. You can opt out at any time by emailing legal@build.dev, and we'll stop using them in new materials.

12. Security

We use reasonable administrative, technical, and physical safeguards to protect Your Content. Each issue runs in its own isolated sandbox. Report suspected vulnerabilities to legal@build.dev.

13. Term and termination

These Terms apply while you use the service. Subscriptions renew automatically each billing period until cancelled. You can cancel at any time, effective at the end of the current billing period. Either party may end the agreement if the other materially breaches these Terms and doesn't fix the breach within 30 days of notice. We may suspend or end access immediately if needed to prevent harm to the service, other customers, or third parties.

When the agreement ends, your access ends and unpaid fees become due. For a reasonable time afterward, you can export, or ask us to export, Your Content and Output that we hold. After that, we delete Your Content, except copies the law requires us to keep and backups, which are deleted on their normal schedule.

14. Disclaimers

The website and the service are provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We don't promise that the service will be uninterrupted or error-free, or that Output will be correct, secure, or free of third-party rights.

15. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if it was told they were possible. Each party's total liability arising from these Terms is limited to the fees you paid us in the 12 months before the event that gave rise to the claim. These limits don't apply to your payment obligations, your obligations under section 16, or a party's fraud or willful misconduct.

16. Indemnity

You'll defend us against third-party claims arising from Your Content, your connected tools, or your use of the service in breach of these Terms, and pay the damages, costs, and reasonable attorneys' fees finally awarded or agreed in settlement. We'll tell you about the claim promptly, let you control its defense, and give you reasonable help at your expense.

17. Changes to these Terms

We may update these Terms. For material changes, we'll give you notice by email or in the service before they take effect. If you keep using the service after that, you accept the updated Terms. If you don't accept them, you can cancel before they take effect.

18. General

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the state and federal courts located in Delaware have exclusive jurisdiction over any dispute about them. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all of its assets. If any provision is unenforceable, the rest stays in effect. Not enforcing a provision isn't a waiver of it. Neither party is liable for delays caused by events beyond its reasonable control, except for payment obligations. We may send notices to the email address on your account, and you can send notices to legal@build.dev. If you send us feedback, we may use it without any obligation to you. Sections that by their nature should survive the end of the agreement will survive. These Terms and any order form are the entire agreement between the parties about their subject.

19. Contact

Build Software, Inc.
legal@build.dev