Terms of Service

1) Agreement to Terms

By creating an account, clicking "I agree," or using the Service, you agree to these Terms. If you use the Service on behalf of an organization, you represent you're authorized to bind that organization.

2) The Service

Buildtheyear provides a B2B event capacity planning platform (the "Service"). We may update features from time to time, including beta or pre-release features (Section 13).

The Service includes ei, an AI-powered assistant that analyzes your organization's event portfolio data (such as event details, costs, KPIs, capacity, and resource assignments) to provide insights, recommendations, and reports. ei is powered by third-party AI models (see Section 6 and Section 8A).

The Service also provides an API integration layer (including a Model Context Protocol endpoint) that enables authorized third-party tools and agents to access your organization's data programmatically, subject to authentication, role-based access controls, and audit logging. You are responsible for securing any API keys issued to your organization and for authorizing any third-party agents or tools that access your data through this integration layer.

3) Accounts and Organizations

You must keep your account information accurate and secure. Organization owners/admins control membership and access. You're responsible for activities under your account.

4) Subscriptions, Trials, and Billing

Plans & Fees. Fees are posted in the Service or an order form. You authorize us and our processor (Stripe) to charge your payment method.

Renewals. Subscriptions renew automatically unless you cancel before the end of the then-current term.

Changes. Upgrades take effect immediately (prorated if stated); downgrades apply next term.

Taxes. Fees exclude taxes; you're responsible for applicable taxes.

Refunds. Unless required by law or expressly stated, fees are non-refundable. (If you offer exceptions, add them here.)

5) Acceptable Use

You won't:

• (a) break the law
• (b) violate others' rights
• (c) attempt to access another tenant's data
• (d) reverse engineer, probe, or scan without permission
• (e) use the Service to spam
• (f) place an unreasonable load on the Service

We may suspend accounts for AUP violations.

6) Customer Data & Privacy

Ownership. You (and your organization) own "Customer Data" (content you or users submit).

Use. We process Customer Data to provide and secure the Service, support you, and as otherwise described in our Privacy Policy. We do not sell/share data for cross-site ads.

Processors. We use vetted service providers: Clerk (auth), Stripe (payments), Postmark (email), Vercel (hosting/CDN/logs), Neon (database/backups), Anthropic (AI model provider for ei), and PostHog (product analytics). See our Privacy Policy for details on each processor.

AI Processing. When you use ei, your org-scoped event portfolio data and conversation messages are sent to Anthropic's API to generate AI responses. Anthropic processes this data under its commercial API terms and does not use customer inputs to train its models. If your organization provides its own Anthropic API key (BYOK), your direct agreement with Anthropic governs that processing relationship and associated data handling.

API & Agent Access. If you use the Service's API integration layer or authorize third-party agents to access your organization's data, you are responsible for the security of your API credentials and for ensuring any third-party tools comply with your organization's data governance policies. We enforce org-scoped access controls, role-based permissions, and audit logging on all API access.

Security. We use reasonable safeguards. No system is 100% secure.

Data Processing Addendum (DPA). If you need a DPA, contact us at privacy@buildtheyear.com; the DPA will govern to the extent of conflict regarding data processing.

7) Export, Retention, and Deletion

During an active subscription you can export designated data via in-product export or support request. After termination, we'll keep Customer Data available for [30] days for export, then delete or de-identify in accordance with our Privacy Policy and backups schedule.

8) Third-Party Services

The Service interoperates with third parties (e.g., Clerk, Stripe, Postmark, Anthropic, PostHog). Your use of third-party services is subject to their terms. We aren't responsible for third-party services we don't control.

8A) AI-Powered Features (ei)

Nature of AI Output. ei provides AI-generated analysis, insights, recommendations, and reports based on your organization's data. AI-generated output is provided for informational purposes only and may contain inaccuracies, incomplete analysis, or errors. ei output does not constitute professional financial, legal, operational, or business advice.

No Reliance. You should independently verify all AI-generated output before making business decisions. Buildtheyear does not guarantee the accuracy, completeness, or reliability of any AI-generated content and is not liable for decisions made in reliance on ei output.

Data Scope. ei operates exclusively on data scoped to your organization. It cannot access data belonging to other organizations. Conversations with ei are private to your organization and are automatically deleted after 90 days.

Usage Limits. ei is subject to usage limits (such as daily token budgets and conversation length caps) that may vary by subscription plan. We reserve the right to adjust these limits.

9) IP Rights; Feedback

We own the Service and all related IP. You grant us a non-exclusive, worldwide, royalty-free license to use feedback you provide to improve the Service.

10) Confidentiality

Each party may access the other's confidential information; each will protect it using reasonable measures and use it only to perform under these Terms. Exceptions apply to information that becomes public through no fault, was independently developed, or is legally required to be disclosed.

11) Warranties & Disclaimers

The Service is provided "as is". To the extent allowed by law, we disclaim all warranties (express, implied, or statutory), including merchantability, fitness for a particular purpose, and non-infringement.

AI Disclaimer. Without limiting the foregoing, all AI-generated output from ei — including analysis, reports, recommendations, ROI calculations, staffing projections, and any other insights — is provided "as is" without warranty of accuracy, completeness, or fitness for any particular purpose. AI output may reflect errors in underlying data, model limitations, or other factors beyond our control. You assume all risk associated with your use of and reliance on AI-generated output.

12) Limitation of Liability

To the fullest extent permitted:

No indirect damages. Neither party is liable for lost profits, revenue, data, or any indirect, special, or consequential damages.

Cap. Each party's total liability arising out of or related to these Terms is capped at the fees you paid to Buildtheyear in the 12 months before the event giving rise to the liability.

These limits don't apply to your payment obligations, your breach of Section 5 (AUP), or either party's willful misconduct.

13) Beta & Free Access

We may offer beta, evaluation, or free-tier features. They are provided as-is without warranty or SLA and may be changed or discontinued at any time.

14) Suspension & Termination

We may suspend the Service for (a) security risk, (b) non-payment, or (c) AUP violations. Either party may terminate for material breach after 30 days' notice and opportunity to cure. You may terminate at any time; prepaid fees are non-refundable unless required by law.

15) Changes to These Terms

We may update these Terms. We'll post the new version with an updated "Effective" date and, for material changes, provide notice. Continued use after the effective date constitutes acceptance.

16) Governing Law; Disputes

These Terms are governed by the laws of [Delaware, USA], excluding conflicts rules.

Arbitration & Class Waiver. Any dispute will be resolved by binding arbitration in [Wilmington, Delaware] under [JAMS/AAA] rules. Class actions and jury trials are waived. (If you sell to consumers, ask counsel about small-claims carve-outs.)

17) DMCA

If you believe content infringes your copyright, send a notice to legal@buildtheyear.com with details required by 17 U.S.C. §512.

18) General

Assignment with consent (not unreasonably withheld); we may assign in connection with a merger or sale. Force majeure applies. Order of precedence: any signed order form or DPA → these Terms → online docs. If any provision is unenforceable, the rest remain in effect.

Contact Information

For legal questions or concerns regarding these Terms of Service, please contact us at:

Email: legal@buildtheyear.com