Terms and Conditions
Last updated: January 2025
These Terms and Conditions ("Terms", "Agreement") govern your use of UpBuilder, operated by Deuslink Software LLC ("Company", "we", "us").
Deuslink Software LLC 20933 Rubles Mill CT, Ashburn, VA 20147 support@upbuilder.ai
Key Points Summary
| Topic | Summary |
|---|---|
| Service | AI-powered design-to-code conversion (Figma → Webflow) |
| Eligibility | Must be 18+ years old |
| AI Disclosure | Code is generated by artificial intelligence |
| Ownership | You own your designs; you own generated code (with limitations) |
| Payment | Subscription-based with automatic renewal |
| Disputes | Binding arbitration in Virginia (30-day opt-out available) |
Important: By using UpBuilder, you agree to binding arbitration for disputes. See Section 11 for details and opt-out instructions.
1. Agreement to Terms
By accessing or using UpBuilder ("Services", "App", "Site"), you agree to be bound by these Terms and Conditions, our Privacy Policy, Acceptable Use Policy, and End-User License Agreement. If you disagree with any part of these terms, you must not use our Services.
These Terms constitute a legally binding agreement between you and Deuslink Software LLC.
2. Description of Services
2.1 What UpBuilder Does
UpBuilder is an AI-powered design-to-code conversion tool that:
- Connects to your Figma design files via the Figma API
- Analyzes your designs using artificial intelligence (powered by OpenAI)
- Generates HTML, CSS, and JavaScript code optimized for Webflow
- Exports generated code directly to your Webflow projects via the Webflow API
UpBuilder is a workflow enhancement tool, not a replacement for Webflow. Our purpose is to streamline and accelerate the design-to-development process for designers, developers, and agencies who build with Webflow. We complement the Webflow ecosystem by bridging the gap between Figma designs and Webflow-ready code.
2.2 AI Disclosure
UpBuilder uses artificial intelligence to generate code from your design files. The AI analyzes design elements including layout, typography, colors, spacing, and components to generate corresponding code. You acknowledge that:
- You are interacting with an AI-powered system
- AI-generated outputs may require human review and modification
- Generated code may not be unique and other users may receive similar outputs
- AI technology has inherent limitations and may produce errors
3. User Registration
3.1 Eligibility
You must be at least 18 years old to create an account and use UpBuilder. By registering, you represent that you meet this age requirement.
3.2 Account Information
- You agree to provide accurate, current, and complete registration information
- You agree to update your information to keep it accurate and current
- You are responsible for maintaining the confidentiality of your password
- You are responsible for all activities that occur under your account
3.3 Account Security
- Use a strong, unique password for your UpBuilder account
- Enable two-factor authentication when available
- Notify us immediately of any unauthorized use at support@upbuilder.ai
- Do not share your account credentials with others
4. Subscriptions and Payments
4.1 Subscription Plans
Services are billed on a subscription basis. Plans, features, and pricing are described on our pricing page and may change from time to time.
4.2 Billing
- You agree to provide current, complete, and accurate billing information
- Subscriptions are billed in advance on a monthly or annual basis
- All fees are in U.S. dollars unless otherwise specified
4.3 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for renewal fees.
4.4 Cancellation
- You may cancel your subscription at any time through your account settings
- Cancellation takes effect at the end of your current paid billing period
- You will retain access to paid features until the end of the billing period
- No prorated refunds are provided for unused time within a billing period
4.5 Fee Changes
We reserve the right to modify subscription prices. Price changes will:
- Apply to your subsequent billing cycles (not current period)
- Be communicated with at least 30 days advance notice
- Give you the option to cancel before the new price takes effect
4.6 Refunds
Refund requests are handled on a case-by-case basis. To request a refund:
- Email support@upbuilder.ai within 14 days of purchase
- Include your account email and reason for the request
- Refunds are at our sole discretion
4.7 Taxes
Prices do not include taxes. You are responsible for all applicable taxes, and we will charge tax where required by law.
5. Third-Party Platform Connections
5.1 Figma Integration
To use UpBuilder, you must connect your Figma account. By doing so:
- You authorize UpBuilder to access your Figma files and data as described in our Privacy Policy
- You represent that you have the right to access and use the Figma files you connect
- You agree to comply with Figma's Terms of Service
- You understand that Figma may revoke API access at any time
5.2 Webflow Integration
To export code to Webflow, you must connect your Webflow account. By doing so:
- You authorize UpBuilder to access and publish to your Webflow sites
- You represent that you have the right to modify the Webflow sites you connect
- You agree to comply with Webflow's Terms of Service
- You understand that Webflow may revoke API access at any time
5.3 Platform Independence
UpBuilder is an independent service and is NOT authorized by, endorsed by, sponsored by, affiliated with, or otherwise approved by Figma, Inc. or Webflow, Inc. Our use of their names is solely for descriptive purposes to explain our service's functionality.
UpBuilder does not seek to compete with or replace Webflow. Our mission is to enhance and streamline the design-to-development workflow for designers, developers, and agencies who build with Webflow. We are a complementary tool that bridges Figma and Webflow, improving productivity and accelerating the transformation of designs into production-ready Webflow sites.
6. Intellectual Property Rights
6.1 Our Property
The source code, algorithms, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") are owned by Deuslink Software LLC and are protected by copyright, trademark, and other intellectual property laws.
6.2 Your Input
You retain all intellectual property rights in the design files you upload or connect ("Input"). By using our Services, you grant us a limited, non-exclusive license to:
- Access, process, and analyze your Input solely to provide the Services
- Create derivative works (generated code) from your Input
- Store your Input temporarily as necessary for service delivery
6.3 Generated Code (Output)
Subject to the limitations below, you own the code generated by the Service ("Output") for your Input. However, you acknowledge and agree that:
a) AI-Generated Content Limitations:
- Output is generated by artificial intelligence and may not qualify for copyright protection under applicable law
- Output may not be unique; other users may receive similar or identical code
- Output may resemble publicly available code, including open-source licensed code
- We make no representations regarding the protectability, originality, or uniqueness of Output
b) Third-Party License Notice: AI-generated code may incorporate patterns, structures, or sequences that are subject to third-party licenses, including open-source licenses such as MIT, Apache 2.0, GPL, or others. You are solely responsible for:
- Reviewing generated code for potential licensing obligations
- Ensuring compliance with any applicable third-party licenses
- Conducting your own due diligence before commercial use
- Obtaining any necessary permissions or licenses
c) No Exclusivity: We do not guarantee exclusive rights to any Output. Similar or identical code may be provided to other users.
6.4 Feedback
Any feedback, suggestions, or ideas you provide may be used by Deuslink Software LLC without compensation or credit to you. You grant us a perpetual, irrevocable, worldwide license to use such feedback for any purpose.
7. AI-Generated Code Disclaimers
7.1 No Warranty of Accuracy
UpBuilder does NOT warrant that generated code will:
- Be accurate, complete, or error-free
- Be suitable for any particular purpose
- Meet professional coding standards or best practices
- Conform to any specific framework, library, or platform requirements
- Be compatible with all browsers, devices, or environments
7.2 No Warranty of Security
UpBuilder does NOT warrant that generated code is free from security vulnerabilities. You are solely responsible for:
- Conducting security reviews of all generated code
- Testing code for vulnerabilities before deployment
- Implementing appropriate security measures
- Complying with security standards applicable to your use case
7.3 Human Review Required
All AI-generated code should be reviewed by qualified developers before use. Do not rely on generated code for:
- Critical applications without human verification
- Production deployment without thorough testing
- Applications where errors could cause harm
- Compliance-sensitive applications without expert review
7.4 No Professional Advice
Generated code does not constitute professional software development, legal, or security advice. Consult qualified professionals for specific requirements.
8. Prohibited Activities
Your use of UpBuilder is subject to our Acceptable Use Policy. You agree not to:
8.1 Legal Violations
- Violate any applicable laws, regulations, or legal requirements
- Infringe on intellectual property rights of others
- Process design files you do not have rights to use
8.2 Security Violations
- Attempt to hack, reverse engineer, or compromise our systems
- Attempt to circumvent rate limits or access controls
- Distribute malware or malicious code through our platform
- Access other users' accounts or data without authorization
8.3 Abuse
- Use automated scripts to collect data without permission
- Overload our systems with excessive requests
- Interfere with other users' access to the service
- Use the service for competitive intelligence gathering
8.4 AI-Specific Prohibitions
- Attempt to extract or reverse-engineer our AI models
- Use generated code to create harmful, deceptive, or illegal content
- Misrepresent AI-generated code as entirely human-created where disclosure is required
- Use the service to generate code for malicious purposes
See our full Acceptable Use Policy for complete details.
9. Limitation of Liability
9.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
- UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION
- ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR CODE
9.2 Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEUSLINK SOFTWARE LLC SHALL NOT BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
- BUSINESS INTERRUPTION OR LOST GOODWILL
- ERRORS, BUGS, OR SECURITY VULNERABILITIES IN GENERATED CODE
- SERVICE UNAVAILABILITY OR DOWNTIME
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
- THIRD-PARTY CONDUCT OR CONTENT
9.3 Cap on Liability
EXCEPT FOR EACH PARTY'S INDEMNIFICATION OBLIGATIONS AND YOUR PAYMENT OBLIGATIONS, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO UPBUILDER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9.4 Essential Purpose
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.5 Jurisdictional Variations
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to indemnify, defend, and hold harmless Deuslink Software LLC, its officers, directors, employees, agents, and affiliates from any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your Input (design files) or use of Output (generated code)
- Your violation of any applicable laws or regulations
- Any claim that your Input infringes third-party intellectual property rights
11. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
11.1 Informal Resolution First
Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute informally for at least thirty (30) days. Send a written Notice of Dispute to support@upbuilder.ai describing:
- The nature of your claim
- The specific relief sought
- Your contact information
Compliance with this informal resolution process is a condition precedent to initiating arbitration.
11.2 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.
Arbitration Details:
- Administrator: American Arbitration Association (AAA)
- Rules: AAA Consumer Arbitration Rules
- Location: Arbitration will take place in Loudoun County, Virginia, or at another mutually agreed location. Virtual hearings are available.
- Language: English
- Governing Law: Federal Arbitration Act and Virginia law
11.3 AAA Registration
Our arbitration clause is registered with the AAA Consumer Clause Registry as required by AAA rules effective May 1, 2025.
11.4 Arbitration Fees
We will pay all AAA filing, administrative, and arbitrator fees for claims under $10,000, except that you shall pay an initial filing fee of $75. If you cannot afford this fee, we will reimburse it upon request. For claims over $10,000, fees will be allocated per AAA Consumer Rules.
11.5 CLASS ACTION AND JURY TRIAL WAIVER
BY AGREEING TO THESE TERMS, YOU AND DEUSLINK SOFTWARE LLC WAIVE THE RIGHT TO:
- PARTICIPATE IN A CLASS ACTION LAWSUIT
- PARTICIPATE IN CLASS-WIDE ARBITRATION
- PARTICIPATE IN REPRESENTATIVE ACTIONS
- ACT AS A PRIVATE ATTORNEY GENERAL
- TRIAL BY JURY
All claims must be brought in your individual capacity, not as a plaintiff or class member in any class or representative proceeding.
11.6 Exceptions
Either party may:
- Bring claims in small claims court if eligible
- Seek injunctive relief in court for intellectual property infringement
- Pursue claims for which arbitration is prohibited by law
11.7 Opt-Out Right
You may opt out of this arbitration agreement and class action waiver by sending written notice to support@upbuilder.ai within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out. If you opt out, you may pursue claims in court, but all other Terms remain in effect.
11.8 Survival
This arbitration provision survives termination of your account and these Terms.
12. Termination
12.1 By You
You may terminate your account at any time by:
- Discontinuing use of the Services
- Deleting your account through account settings
- Emailing support@upbuilder.ai with a termination request
12.2 By Us
We may suspend or terminate your access immediately, without prior notice, if you:
- Violate these Terms or our Acceptable Use Policy
- Engage in fraudulent or illegal activity
- Fail to pay fees when due
- Engage in conduct harmful to other users or our business
- At our sole discretion, for any reason with 30 days notice
12.3 Effect of Termination
Upon termination:
- Your right to use the Services ceases immediately
- You remain liable for any fees incurred before termination
- We may delete your account data per our data retention policy
- Provisions that by nature should survive termination will remain in effect (including Sections 6, 7, 9, 10, 11, and 13)
13. Governing Law and Jurisdiction
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provision.
13.2 Jurisdiction
For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Loudoun County, Virginia.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, Acceptable Use Policy, and EULA, constitute the entire agreement between you and Deuslink Software LLC regarding your use of the Services.
14.2 Severability
If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary, and remaining provisions will continue in full force.
14.3 Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
14.4 Assignment
You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.
14.5 Force Majeure
We are not liable for failures or delays due to circumstances beyond our reasonable control.
14.6 Headings
Section headings are for convenience only and have no legal effect.
15. Changes to Terms
We reserve the right to modify these Terms at any time.
15.1 Notification
- Material changes: We will notify you via email and/or prominent notice at least 30 days before changes take effect
- Non-material changes: Updated Terms will be posted with a new "Last Updated" date
15.2 Continued Use
Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services.
16. Contact Us
For questions about these Terms and Conditions:
General Support Email: support@upbuilder.ai
Legal Inquiries Email: legal@upbuilder.ai
Mailing Address Deuslink Software LLC 20933 Rubles Mill CT Ashburn, VA 20147
By using UpBuilder, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.