Terms & Conditions

1.1 Welcome to Build Any

Thank you for choosing Build Any ("we," "us," or "our"). We provide digital publishing platforms and business technology solutions that transform how you work with information, grow a business and tell stories.

These Terms and Conditions ("Terms") are a legal contract between Newton Day Ltd (a company registered in England and Wales under company number 10638600, and the owner of the "Build Any" brand), and You (the "User" or "Creator").

1.2 Why these Terms matter

We believe in transparency. This document sets out:

• Your rights: What you can expect from our service.
• Your responsibilities: The rules you must follow when publishing content globally.
• Our liability: How we protect our business so we can keep serving you.

Important: By creating an account, uploading a file, or clicking "I Agree," you confirm that you accept these Terms. If you do not agree with them, you must not use our Service.

1.3 Who can use this Service

• Age: You must be at least 18 years old (or the age of majority in your jurisdiction) to enter into this contract.
• Business User: If you use the Service for trade, craft, or professional purposes (e.g., selling books, marketing a business).
• Consumer: If you use the Service for personal, non-commercial reasons.

(Note: Different liability rules apply depending on your status.)

1.4 Key Definitions

• "AI Content": Output generated by artificial intelligence tools, including text, images, code, or other media, whether fully generated or AI-assisted.
• "Data Protection Laws": All applicable laws relating to the processing of personal data, including the UK GDPR, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations (PECR).
• "Flipbook": The digital interactive publication generated by our Service using Your Content.
• "Intellectual Property Rights": All patents, rights to inventions, copyright and related rights, trademarks, business names, domain names, rights in get-up, goodwill, and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights.
• "Service" or "Platform": Our Software-as-a-Service (SaaS) platform, including the website, build tools, AI agents, viewer interface, and any hosting infrastructure provided by Newton Day Ltd.
• "Subscription Plan": The specific tier of service selected by you (e.g., Free, Pro, Enterprise), which dictates your storage limits, feature access, and liability caps.
• "Your Content": Any files, text, images, links, audio, or video that you upload, import, or publish via the Service.
• "User," "You," or "Creator": The individual or legal entity accessing or using the Service.

1.5 Changes to these Terms

The digital landscape changes quickly (e.g., new AI laws, new safety regulations). We may update these Terms from time to time.

• Minor Changes: For typos or clarifications, we will update the "Last Updated" date at the top.
• Material Changes: If we make a significant change that affects your rights (e.g., changing fees or data rules), we will notify you via email or a prominent dashboard alert 30 days in advance. Continued use after that period means you accept the new Terms.

2.1 Credentials

You are responsible for keeping your login credentials secure and confidential. You must not share your account details with unauthorized third parties.

2.2 Organizational Access

If you are a Business User, you are responsible for managing access permissions within your organisation and ensuring your employees comply with these Terms.

2.3 Notification

You must notify us immediately at support@newtonday.uk if you suspect any unauthorized access to your account.

2.4 Security Breaches

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.1 Subscription Plans & Fees

Some parts of the Service are billed on a subscription basis ("Subscription Plan"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

3.2 Auto-Renewal & Transparency (DMCC Act 2024)

To ensure uninterrupted service, your subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it.

• Annual Plans: We will send you a reminder email at least 14 days before your annual renewal date, detailing the renewal price and how to cancel.
• Cancellation: You may cancel your Subscription renewal at any time through your online account management page or by contacting our customer support team. Your cancellation will take effect at the end of the current paid term.

3.3 Statutory Cooling-Off Period (Consumers Only)

If you are a Consumer (not a Business User), you normally have a legal right to cancel a digital contract within 14 days of signing up.

Waiver of Rights: However, by using the Service to generate content, download flipbooks, or access premium features immediately, you acknowledge that you lose your right to cancel and claim a refund once the digital content has been provided.

3.4 Price Changes

We reserve the right to increase subscription fees. We will provide you with at least 30 days' notice of any price change. Your continued use of the Service after the price change comes into effect constitutes your agreement to pay the modified subscription fee amount.

4.1 Our Role (Hosting Defence)

You acknowledge that Build Any is a "user-to-user" service that hosts content created by others. We are not the publisher, editor, or author of User Content. While we provide the tools for publishing, we do not endorse any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with User Content.

4.2 Our Approach to Content

We want Build Any to be a platform where creators can share their work freely. However, because your content can be viewed globally, we have strict rules to ensure our service remains safe, legal, and trustworthy.

By using our service, you agree that you will not publish, upload, or share any content that falls into the categories below. We reserve the right to remove any flipbook that violates these rules without prior notice.

4.3 Strictly Prohibited Content (The "Red Lines")

You must not use our service to publish or promote any material that is illegal under UK law or the laws of the country where you reside. Specifically, we have a zero-tolerance policy for:

• Child Sexual Exploitation and Abuse (CSEA): Any content depicting, promoting, or normalizing the sexual exploitation of children. Note: We are legally required to report such content to the National Crime Agency (NCA) and relevant international authorities immediately.
• Terrorism and Extremism: Content that encourages terrorism, supports proscribed organizations, or provides instructions for violent acts.
• Hate Speech: Content that promotes violence or hatred against individuals or groups based on race, ethnicity, religion, disability, gender, age, or sexual orientation.
• Self-Harm and Suicide: Material that encourages, instructs on, or promotes self-harm, suicide, or eating disorders.
• Violence and Gore: Gratuitous or excessive violence, including real-world footage of death or serious injury.
• Criminal Activity: Content that facilitates the sale of illegal drugs, weapons, or promotes fraud, money laundering, or human trafficking.

4.4 Intellectual Property and Rights

• You must own the rights to the content you publish.
• Do not upload books, images, or text if you do not hold the copyright or a valid license.
• Do not upload content that violates another person's privacy (e.g., private addresses, phone numbers, or non-consensual images).

4.5 Digital Safety and Integrity

You must not use our platform to:

• Distribute malware, viruses, or harmful code.
• Host "phishing" pages or scams designed to steal user data.
• Send unsolicited spam or bulk marketing messages.
• Attempt to bypass our security features or scrape data from our website.

4.6 Age-Restricted Content

We do not allow adult content. Publishing or use of this kind of material is strictly prohibited.

4.7 Content Moderation and Enforcement

• Monitoring: While we are not the publisher of your work, we may use automated tools and human review to detect violations of this policy.
• Right to Remove: We reserve the right to remove any content or suspend any account at our sole discretion if we believe it violates this policy or poses a legal risk to our business.
• Reporting: If you see content on Build Any that violates these rules, please report it immediately to safety@newtonday.uk or use the "Report" button on the flipbook viewer. We review all reports within 24 hours.

4.8 Monitoring

We reserve the right to log, monitor, and restrict access to the platform if we detect misuse, abuse, or breaches of these terms. Access may be suspended or terminated without notice in serious cases.

4.9 Automated Access

You may not access or interact with Build Any through automated means such as bots, scripts, crawlers, or scrapers, except where explicitly authorised in writing by Newton Day Ltd. Attempts to systematically query, extract, or duplicate content from Build Any may result in account suspension or legal action.

5.1 Your Obligation to Indemnify

You agree to indemnify, defend, and hold harmless Newton Day Ltd, its officers, directors, employees, agents, and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable legal and accounting fees) that arise from or relate to:

• Your Content: Any claim that the content you upload, publish, or distribute via our Service infringes, misappropriates, or violates any third party's intellectual property rights, violates any rights of publicity or privacy, or contains libelous or defamatory material.
• Your Breach: Your violation of these Terms and Conditions or the Acceptable Use Policy.
• Your Violation of Law: Your failure to comply with any applicable laws, regulations, or codes of practice in the UK, your country of residence, or any jurisdiction where your content is accessed.

5.2 AI Output Disclaimer

Build Any uses third-party AI services (e.g. OpenAI) to generate content based on your inputs. You indemnify Newton Day Ltd, from any consequential loss as the result of using the AI tools we incorporate into our systems.

For the avoidance of doubt, we make no warranties about the accuracy, completeness, legality, or reliability of any AI-generated content.

Additionally, you acknowledge that:

• Outputs may be inaccurate, biased, or outdated
• Content may contain hallucinations or incorrect statements
• You are solely responsible for how you use or act upon any output.

5.3 Conduct of Claims

If a claim is made against us because of your actions or content:

• Notification: We will provide you with prompt notice of the claim. Failure to notify you quickly will not relieve you of your indemnity obligations unless it materially prejudices your ability to defend the claim.
• Control of Defense: You are responsible for the defense of the claim at your own expense. However, we reserve the right to participate in the defense with our own legal counsel at our own expense.
• Settlement Restrictions: You may not settle any claim without our prior written consent if the settlement requires Newton Day Ltd to admit liability, pay money, or take (or refrain from taking) any specific action.
• Right to Assume Defense: If you fail to assume the defense or defend the claim diligently, we reserve the right to take exclusive control of the defense at your sole expense, and you agree to cooperate with us fully in such an event.

6.1 Our Commitment

We aim to provide a stable and reliable service, and we will use all reasonable commercial efforts to maintain platform uptime and performance. However, from time to time, planned or unplanned outages may occur.

6.2 Uptime Target

We target 99.5% uptime availability across each rolling 30-day period, excluding scheduled maintenance and factors beyond our control (see Force Majeure).

6.3 Scheduled Maintenance

We may perform updates outside of UK business hours where possible. Notices will be issued in advance for any planned disruption expected to exceed 15 minutes.

6.4 Rebate for Disruption

If platform availability falls significantly below our target and it materially affects your ability to use the Service, and:

• You have paid all amounts due under your current subscription period; and
• The incident is not caused by your misuse or third-party integrations,

Then, you may request a rebate of up to 5% of the subscription fee paid for the affected period, subject to the following:

• Rebates are capped at the total amount paid by you for the Service during the period in question.
• Rebates must be requested within 30 days of the disruption via support@newtonday.uk.
• The rebate is issued as a service credit, not a refund.

6.5 Sole Remedy

This clause represents our entire liability and your sole remedy for service interruptions under these Terms.

7.1 What We Do Not Exclude

Nothing in these Terms limits or excludes our liability for:

• Death or personal injury caused by our negligence (or the negligence of our employees, agents, or subcontractors).
• Fraud or fraudulent misrepresentation.
• Any other liability that cannot be excluded or limited by English law (including your statutory rights as a consumer regarding faulty digital content).

7.2 Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, Newton Day Ltd shall not be liable to you for any:

• Loss of profits, sales, business, or revenue.
• Business interruption.
• Loss of anticipated savings.
• Loss of business opportunity, goodwill, or reputation.
• Loss or corruption of data or information (Please note: You are responsible for maintaining your own backups of your content).
• Any indirect or consequential loss or damage.

7.3 Liability Cap for Paid Subscribers

If you pay for our Service, our total aggregate liability to you for all claims arising out of or in connection with these Terms (whether in contract, tort, negligence, breach of statutory duty, or otherwise) is limited to the total amount of subscription fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.

7.4 Liability Cap for Free / Trial Users

If you use the Service for free (including during any free trial period), you acknowledge that the Service is provided "as is" and at no cost to you. Therefore, our total aggregate liability to you for all claims is limited to £100 (GBP).

7.5 Consumer Laws

If you are using the Service as a "Consumer" (an individual acting for purposes wholly or mainly outside your trade, business, craft, or profession), some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights.

8.1 Your Ownership & License to Us

You retain full ownership of all intellectual property rights in the content you upload to the Service. However, to allow us to provide the Service (e.g., converting your PDFs into interactive flipbooks), you grant Newton Day Ltd a worldwide, non-exclusive, royalty-free, transferable license to use, host, store, reproduce, modify (for formatting purposes), create derivative works (such as thumbnails), and display Your Content.

8.2 DMCA Safe Harbor & Copyright Complaints

We respect the intellectual property rights of others and comply with the US Digital Millennium Copyright Act (DMCA).

• Notice: If you believe that material located on or linked to by Build Any violates your copyright, you are encouraged to notify our Designated Copyright Agent at legal@newtonday.uk.
• Takedown: We will respond to all valid notices by removing the infringing content or disabling all links to the infringing material.
• Repeat Infringers: We will terminate the accounts of users who are determined to be repeat infringers.

8.3 Output Ownership

You retain rights to the original content you upload. Regarding AI-generated outputs created via Build Any, you own the resulting output to the extent permitted by law, subject to your compliance with these Terms.

8.4 Publicity

If you are a Business User, you agree that we may use your company name and logo on our website and marketing materials to identify you as a customer of Build Any, subject to your standard trademark usage guidelines. You may revoke this permission at any time by emailing support@newtonday.uk.

9.1 Your Responsibility to Backup

You acknowledge that Newton Day Ltd is not a file storage or backup service. While we take reasonable steps to secure your data, we do not guarantee that your content will be safe from loss or corruption.

Must-Have Copies: You agree to maintain your own original copies of all files (PDFs, images, text) that you upload to our Service. We will not be liable for any loss of data or for costs associated with recreating your content.

9.2 Data Retention During Subscription

We will host and retain your flipbooks and associated data for as long as you maintain an active, paid subscription (or active free account, subject to the below).

9.3 Inactive Free Accounts

If you hold a free account and do not log in or publish new content for a period of 12 months, we reserve the right to mark your account as "Inactive."

• We will send at least one notification to your registered email address prior to taking action.
• If you do not reactivate your account within 30 days of this notice, we may permanently delete your account and all associated content.

9.4 Cancellation and Termination

If your subscription is cancelled, terminated, or expires:

• Grace Period: We may retain your data for a grace period of 90 days to allow for subscription renewal or data retrieval. During this period, your flipbooks may not be publicly viewable.
• Permanent Deletion: After this grace period expires, we have the right to permanently delete all your content, settings, and user data from our servers without further notice. Once deleted, this data cannot be recovered.

9.5 Right to Delete for Legal Reasons

Notwithstanding the above, we reserve the right to delete any content immediately and without notice if required to comply with a legal order, a takedown notice, or if the content violates our Acceptable Use Policy.

10.1 Your Role (Data Controller)

You agree that you are the "Data Controller" (or "Business" under US laws) of any personal data contained within the content you upload. You are solely responsible for:

• Legal Basis: Ensuring you have the legal right (e.g., consent or legitimate interest) to upload and process this data.
• Transparency: Informing your own users/readers how their data is being used.
• Accuracy: Ensuring the data is accurate and up to date.

10.2 Our Role (Data Processor)

We act as the "Data Processor" (or "Service Provider") and will only process such data on your documented instructions (which include this Agreement) or as required by law.

10.3 Data Processing Addendum (DPA)

To the extent that you upload personal data subject to UK or EU Data Protection Laws, our Data Processing Addendum is hereby incorporated by reference into these Terms.

10.4 US Users (CCPA/CPRA)

For the purposes of the California Consumer Privacy Act (CCPA), we act as a "Service Provider" and we do not "sell" or "share" your personal information for cross-context behavioral advertising.

10.5 International Transfers

If we transfer data outside the UK, we rely on valid mechanisms such as the UK International Data Transfer Agreement (IDTA) or the UK-US Data Bridge to ensure your data remains protected.

11.1 Requests from Users/Readers

If we receive a request from one of your users/readers to exercise their data rights (e.g., a request to delete or access their data), we will redirect them to you. You agree to respond to such requests promptly and in accordance with applicable law. We will provide reasonable assistance to you in fulfilling these requests, subject to your payment of our reasonable costs if the request is complex.

12.1 Obligation to Disclose

To maintain transparency and trust on our platform, you agree to accurately disclose if any part of your flipbook content has been created or materially altered using Generative Artificial Intelligence ("AI") tools.

12.2 Categories of AI Usage

When publishing your content, you must indicate if your flipbook contains:

• AI-Generated Images: Visual content (illustrations, photos, cover art) created entirely or substantially by AI tools (e.g., Midjourney, DALL-E, Stable Diffusion).
• AI-Generated Text: Text content where the majority of the prose was output by an AI model with little to no human editing (e.g., ChatGPT, Claude, Jasper).
• AI-Assisted ("Coached") Text: Text that was originally written by you but significantly refined, expanded, or structured using AI tools as an editor or writing coach. Note: Minor usage strictly for spell-checking or grammar correction (e.g., Grammarly) does not require disclosure.

12.3 Warranties Regarding AI Content

If you use AI tools to create content for your flipbook, you warrant and represent that:

• Commercial Rights: You have a valid license or subscription with the AI provider that grants you the right to use the generated output for commercial purposes.
• No Infringement: The AI content does not inadvertently infringe upon the copyright, trademark, or likeness rights of any third party (including "deepfakes" or likenesses of real people without consent).

12.4 Copyright & Ownership Acknowledgement

You acknowledge that under current laws in many jurisdictions (including the US and UK), content generated entirely by AI may not be eligible for copyright protection. Newton Day Ltd is not responsible if you are unable to enforce copyright claims against third parties who copy your AI-generated content.

12.5 Unauthorised Commercial Use Prohibited

You may not use the Build Any AI Agent Network:

• To provide services to third parties for commercial gain (e.g., reselling, consulting, or content generation-for-hire).
• To bundle or embed AI-generated content into a paid product or subscription.
• To monetise or white-label outputs without a separate commercial licence agreement.
• To develop competing services or AI models using Build Any inputs, prompts, outputs, or system structure.

If you wish to use Build Any as part of a paid offering, integration, or platform, please contact us at partners@newtonday.uk to discuss a licensing agreement. We reserve the right to restrict, suspend, or terminate any account found to be violating this clause.

12.6 No Financial, Legal, or Professional Advice

Build Any does not provide:

• Investment, tax, or financial advice.
• Legal or regulatory advice.
• Medical, health, or safety guidance.

Disclaimer: Do not rely on Build Any outputs to make business-critical decisions. AI outputs may be inaccurate, biased, or outdated. You should always consult qualified professionals where needed.

15.1 Governing Law

These Terms and Conditions, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.

15.2 Jurisdiction for Businesses

If you are using the Service as a business, you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

15.3 Jurisdiction for Consumers

If you are using the Service as a consumer (an individual not acting for business purposes):

• You agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
• However, this does not affect your statutory rights to bring legal proceedings in the courts of the country where you are resident, if the local laws of that country mandatorily grant you that right.

16.1 Suspension or Termination of Service

We may suspend or terminate your access:

• For violation of these Terms
• To prevent harm to others or the system
• If required by law

You may stop using Build Any at any time, but no refunds or data retrieval are guaranteed unless otherwise agreed.

19.1 Severability

If any provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19.2 Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Newton Day Ltd regarding your use of the Service, and supersede and replace any prior agreements or understandings we might have had between us regarding the Service.

19.3 Feedback License

If you provide us with any ideas, suggestions, or feedback regarding the Platform ("Feedback"), you grant Newton Day Ltd a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and modify such Feedback for any purpose, without any compensation or credit to you.