BuildEL: built by EL Passion logo

Terms and Conditions

Last updated: 23rd April 2024

Thank you for your interest in BuildEL!

The services are provided by EL Passion Next sp. z o.o., with its registered seat at: Krakowskie Przedmieście 13, 00-071 Warszawa, Warsaw, Poland (“EL Passion”). These Terms and Conditions apply to services provided through buildel.ai (“Website”) and app.buildel.com (“Web app”).

You can contact us at the above-mentioned address or use the following contact details:

Email: contact@elpassion.com

Phone: +48 792 541 588

These Terms and Conditions represent a binding contract between you or the company you represent and EL Passion, and by creating an account or otherwise accessing the services offered through the Website, the Web app, or the mobile apps, you expressly agree to be bound by them. If you do not agree to be bound by the Terms and Conditions, you may not use the Services.

By using our Services, as defined in Section 1 below, you attest that:

  • you are 18 years of age or older and have a full legal capacity to enter into a binding Terms and Conditions with us; and/or
  • you are duly authorized to enter into the Terms and Conditions with us on behalf of the company or legal entity you represent.

You can access our Services free of charge or purchase one of our subscription-based paid plans through the Web app. To start using our Services, you will be required to create an organization and user account (hereinafter the “Root Account”). To create such an account,a valid e-mail address, and a password. After creating the account, you will need to verify the e-mail address. After verification you are able to log into your account using e-mail and password or by using Google Single Sign On functionality. If you log in using Google, BuildEL does not store your Google account information besides email address anywhere in the Web app.

1. Scope of Services

  1. Based on these Terms and Conditions, EL Passion will provide you (hereinafter the “Client”) with BuildEL tool, an AI automation software that gives users a simple interface to create ai workflows. The tool enables users to create, manage, and monitor AI workflows, as well as to integrate them with other tools and services.
  2. The basic functionalities of the Services include:
    1. creating AI workflow
    2. running workflows
    3. calculating costs of workflows
    4. importing files used in workflows
    5. organization management

2. Duration, Termination and Basic Obligations

  1. EL Passion is entitled, at its own discretion, to terminate provision of Services to the Client and/or suspend the User Account with an immediate effect in the event of breach by the Client of material obligations stipulated these Terms and Conditions.
  2. EL Passion shall exercise commercially reasonable efforts according to professional standards to provide Client with the Services as set forth in the Terms and Conditions.
  3. The Client shall be responsible for ensuring that:
    1. the user names and passwords are kept confidential and are not shared with any unauthorized third; and
    2. each set of user name and password is personal to the individual user and may not be transferred from one user to another, nor can it be shared between the users within the Client’s organization. In the event that a user’s license needs to be disabled or moved, Client shall inform EL Passion and EL Passion will disable or move the license to a new user upon written or electronic request; and
    3. EL Passion is immediately informed if the Client suspects that security or confidentiality of any of its usernames or passwords may have been compromised in any way.
  1. The Client acknowledges that the Services provided by EL Passion may be unavailable from time to time for a number of reasons, including, without limitation:
    1. equipment malfunction,
    2. periodic maintenance procedures or repairs which EL Passion or an external server provider may undertake from time to time causes beyond the control of EL Passion or which are not reasonably foreseeable by EL Passion including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures.

4. Installation and minimum technical requirements

The minimum technical requirements for the use of Services are:

  1. Internet connection
  2. the most up to date version of one of the following browsers with enabled cookies and Java Script: Microsoft Edge, Mozilla Firefox, Google Chrome, Apple Safari.

5. Support Services

  1. EL Passion will use commercially reasonable efforts to support the Services, in accordance with this Section of the Terms and Conditions (“Support Services”).
  2. The following definitions apply to the Support Services:
  3. The Support Services will be provided during the Business Hours, i.e. 09:00 to 17:00 CET/CEST Monday through Friday, excluding official public holidays in Poland.
  4. Support requests can be reported to EL Passion via e-mail at: contact@elpassion.com. The report shall be done in sufficient detail, with sufficient explanation of the circumstances under which the Event occurred.

6. Ownership of Intellectual Property and Prohibited Use

  1. EL Passion grants to Client a limited, revocable, non-exclusive, non-transferable, worldwide right to use the Services, and any other materials or intellectual property EL Passion provides to Client in connection with the Services (the “EL Passion materials”), solely for the Client’s own purposes, subject to the terms of these Terms and Conditions and solely within the scope necessary to use the Services. EL Passion (and its licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the Services and EL Passion materials, any software delivered to the Client, any hosting environment made accessible to the Client, any technology embodied or implemented in the Services and EL Passion materials, any computer code provided by EL Passion for the Client’s particular website and computer network, and any Services data (“Intellectual Property”). Except for the limited rights granted in this Terms and Conditions, Client does not receive nor is granted any licenses or rights in the EL Passion’s Intellectual Property.
  2. Client agrees that it shall not:
    1. reverse-engineer, disassemble or decompile the EL Passion’s Intellectual Property;
    2. decompile, disassemble the Services or any EL Passion materials, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods, or techniques used or embodied in the Services or any EL Passion materials or any portion thereof;
    3. modify, translate, or otherwise create any derivative works based upon the Services or EL Passion materials;
    4. distribute, disclose, market, rent, lease, assign, sublicense, pledge, or otherwise transfer the Services or EL Passion materials, in whole or in part, to any third party; or
    5. remove or alter any copyright, trademark, or other proprietary notices symbols, trade marks or labels appearing on the Services or in any EL Passion materials.
  1. The Client is prohibited from misusing the Services. In particular the Client shall not:
    1. attempt to impersonate another person or use another person’s User Account information without authorization;
    2. violate or attempt to violate Services’ security features, including logging into a server that you are not authorized to access, or testing vulnerability of Service systems and networks;
    3. redistribute, decompile, reverse engineer, publish, or copy Services or the Website;
    4. use Service for the purpose of creating a product with a substantially similar features, purpose, look, feel or design;
    5. access or search Services by any means other than our publicly supported interfaces (for example, “scraping”);
    6. interfere with others’ use and enjoyment of Services;
    7. use Services or any trademarks, trade names, service marks, copyrights, or logos of EL Passion, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
    8. violate any third party’s rights, including intellectual property or privacy rights;
    9. or engage in activity in connection with the Services that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate or upload illegal or defamatory content through the use of Website or our Services, or tamper with the Service in any other way.

7. Personal Data Processing

  1. The Client (the “Data Controller”) attests that it is the controller of the personal data processed with relation to provision of Services within the meaning of the Regulation 2016/679 (the “Regulation”) (the “Personal Data”).
  2. The Data Controller entrusts the processing of Personal Data within the meaning of the Regulation to EL Passion (the “Processing Party”), for and on behalf of the Data Controller (the “Personal Data Processing”).
  3. Personal Data Processing shall be entrusted for a period of the performance of EL Passion’s obligations under the Terms and Conditions.
  4. Personal Data Processing is entrusted for the purpose of performance of EL Passion’s obligations under the Terms and Conditions. The type and scope of the entrusted data encompasses, among others:
    1. e-mail addresses of users
    2. passwords
    3. information about projects and time worked, which may include Personal Data.
  1.  Personal data can be shared from time to time with authorized third parties, such as law enforcement agencies (if required by law) and with Google Inc., if you choose to log in through Google. Personal Data can be shared only if there is a legal basis to do so.
  2. The Processing Party shall inform the Data Controller, in an electronic form, of any intended changes concerning the addition or replacement subprocessors, thereby giving the Data Controller the opportunity to object to such changes. If the Client confirms (in an electronic form) their consent to appoint a new processor or replace an existing one, or does not object to such change within 14 days, The Processing Party shall be deemed authorized to appoint or replace the subprocessor. EL Passion shall enter into written data processing Terms and Conditions with the engaged subprocessors and the same data protection obligations as set out in these Terms and Conditions shall apply, including in particular implementation of adequate technical and organizational security measures and ensuring consent for further subprocessing of personal data.
  3. The Processing Party undertakes to ensure the security of the Personal Data entrusted for Personal Data Processing, and in particular:
    1. the Processing Party represents that it knows the provisions of the Regulation and undertakes to process the Personal Data in accordance with these provisions; in particular, to formulate and apply appropriate documentation and procedures for Personal Data Processing, as well as technical, informational and legal security systems, as required by the provisions of the Polish and European Union law, including inter alia as appropriate:
      • pseudonymisation and encryption of Personal Data
      • the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
      • the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident;
      • a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the Personal Data Processing.
    2. the Processing Party undertakes to take measures, before starting to Process the Personal Data, for securing the Personal Data as required by the Regulation;
  1. the Processing Party shall only admit the people it designates for Personal Data Processing, who shall be authorized by the Processing Party to Process the Personal Data 
  2. the Processing Party represents that all persons authorized to process the Personal Data have committed themselves to confidentiality of Personal Data or are under an appropriate statutory obligation of confidentiality;
  3. the Processing Party shall keep records of persons authorized for Personal Data Processing;
  4. the Processing Party shall immediately inform the Data Controller of any instance of any breach, whatsoever, of the security of the Personal Data entrusted to the Processing Party and processed on the basis of this Terms and Conditions;
  5. the Processing Party shall not use the Personal Data entrusted to it under this Terms and Conditions for any purposes other than those provided for in this Terms and Conditions and, in particular, not to make such data available, in any form, to unauthorized third parties;
  6. the Processing Party shall grant the Data Controller, on its request, any necessary information on all Personal Data stored by the Processing Party on behalf of the Data Controller.
  1. The Processing Party warrants that:
    1. it will process Personal Data only on documented instructions from the Data Controller, including with regard to transfers of Personal Data to a third country or an international organization, in which case the Processing Party shall conclude Standard Contractual Clauses with data recipient in a third country or will rely on a different mechanism, in particular Binding Corporate Rules, certification or approved code of conduct;
    2. it will respect the conditions for engaging another data processor as set in these Terms and Conditions;
    3. it will assist the Data Controller in ensuring compliance with the obligations imposed on Data Controller under the Regulation, taking into account the nature of Personal Data Processing and the information available to the Processing Party;
    4. it will make available to the Data Controller all information necessary to demonstrate compliance with the obligations imposed on Data Controller under the Regulation, and allow for and contribute to audits, including inspections, conducted by the Data Controller or another auditor mandated by the Data Controller;
    5. it will also immediately inform the Data Controller if, in its opinion, an instruction of the Data Controller infringes provisions of the Regulation.
  1. The Processing Party or its representative shall maintain a record (in writing, including in electronic form) of all categories of processing activities carried out on behalf of the Data Controller, containing:
    1. the name and contact details of the Processing Party or its subcontractors and of the Data Controller on behalf of which the Processing Party is acting, and, where applicable, of the Data Controller's or the Processing Party's representative, and the data protection officer;
    2. the categories of Personal Data Processing carried out on behalf of the Data Controller;
    3. where applicable, transfers of Personal Data to a third country or an international organization, including the identification of that third country or international organization and, including, where applicable, the documentation of suitable safeguards;
    4. where possible, a general description of the technical and organizational security measures.
  1. The Data Controller warrants that:
    1. it will process all Personal Data in compliance with the Regulation and other data protection legislation as may be applicable;
    2. and it has obtained all necessary consents or is otherwise authorized to process the Personal Data.
  1. The Processing Party shall no later than within three 30 Days of the expiry or the termination of this Terms and Conditions, and according to the Data Controller’s guidelines:
    1. transfer all materials and media to the Data Controller which are not the property of the Processing Party or its subcontractors, related to the processing of the Personal Data, by delivering them at the Data Controller’s expense to the Data Controller’s address;
    2. permanently delete or destroy all Personal Data entrusted by the Data Controller from all information media, software and information processing equipment. The documents containing Personal Data shall be destroyed in a manner which guarantees that it will not be possible to read the Personal Data contained in such documents. The destruction shall be confirmed by a memorandum of destruction prepared by a commission. The obligations referred to in this paragraph shall also apply to subcontractors.

8. Client’s Warranties

  1. Client has the sole responsibility for adequate protection and backup of data and/or equipment used in connection with the performed Services and will not make a claim against EL Passion for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the performed Services.
  2. Client will use the Services in compliance with applicable law including, without limitation, those laws related to data privacy, international communications, and the transmission of technical or personal data.

9. Limitation of Liability and Indemnification

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE USE OF SERVICES IS AT YOUR OWN SOLE RISK AND THAT SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EL PASSION AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
  2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EL PASSION OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO SERVICES FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF EUR 1000; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF SERVICES; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.'
  3. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. YOU UNDERSTAND THAT SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
  4. To the maximum extent permitted by applicable law, you will indemnify and hold harmless EL Passion, its affiliates, officers and/or employees, including by paying costs and attorney’s fees, from any claim or demand made by any third party due to or arising out of your access to Services, or the violation of the Terms and Conditions by you.

10. Complaints Procedure and termination of User Account

  1. While we hope you enjoy using the Services, you may cancel your User Account at any time by contacting us at contact@elpassion.com.
  2. If you are not satisfied with our Services or in case you encounter any problems, you can file a complaint in an electronic form by contacting our Support Team at contact@elpassion.com. Your complaint will be examined as soon as possible, in any case no later than within 60 days of the date on which EL Passion received your complaint. Your complaint should include the description of the issue you encountered and the preferred solution to your problem. Our response to your complaint will be sent to the e-mail address from which the complaint was sent or to any e-mail address indicated by you. 
  3. Refunds (if applicable) will be processed as soon as possible and made to bank account indicated by you. 

11. Force Majeure

EL Passion shall not be in breach of the Terms and Conditions by reason of any failure to comply with the terms hereof if such failure is due to acts of God, acts of government, acts of terrorism, fires, floods, epidemics, embargoes, or any cause or condition beyond EL Passion’s control, whether foreseeable or not.

12. Severability

If any provision of the Terms and Conditions is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

13. Assignment

Except with the prior written consent of EL Passion, the Client shall not assign this Terms and Conditions or any part thereof to any third party, including by merger (whether the Client is the acquiring or acquired entity), consolidation, dissolution, or operation of law, in particular the Client shall not transfer:

  • any discretion granted under the Terms and Conditions,
  • any right to satisfy a condition under the Terms and Conditions,
  • any remedy under the Terms and Conditions, or
  • any obligation imposed under the Terms and Conditions.

Any purported transfer in violation of this section 19 will be void.

14. Headings

The section headings used herein are for convenience of reference only and do not form a part of this Terms and Conditions, and no construction or inference shall be derived therefrom.

15. Governing Law

The Terms and Conditions shall be governed by Polish law and subject to jurisdiction of Polish courts. The Parties shall seek to resolve all the disputes or conflicts which may arise out of or in connection with these Terms and Conditions amicably.

16. Amendments

The Terms and Conditions, Terms and Conditions and the Privacy Policy constitute the entire Terms and Conditions between the Parties related to the performed Services. The Terms and Conditions may be updated from time to time for an important reason, e.g. in case we materially change the way we operate or in response to legislative changes. If we make material changes, we will post the new version of the Terms and Conditions on the website. We will also notify you of changes via e-mail.

17. Provisions applicable to consumers 

In the event that you are using our Services as a consumer (including the paid plans), within the meaning of Polish law, you acknowledge and agree that as a consumer you are not entitled to withdraw from the contract governing the provision of Services by us because:

  1. we provide digital content which is not supplied on a tangible medium and you expressly consent that the we begin the performance of the contract with you before the lapse of the 14 days’ withdrawal period;
  2. you agree to lose your right to withdrawal once the contract has been fully performed by us (once start watching the training videos provided through the website) and you expressly agree that we begin the performance of the contract before the lapse of the 14 days’ withdrawal period.

You thereby acknowledge that you lose your right of withdrawal.

If you are located in the EEA, as a consumer you have the possibility to use the European Commission’s Online Dispute Resolution system available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.