Terms of Use

Introduction

These Terms of Use (“Terms”) govern your use of the BuildScale website (buildscale.io) and the services we provide. ProxyGist LLC, doing business as BuildScale (“BuildScale,” “we,” “us,” or “our”), is a limited liability company in the United States.

By using our website or engaging us for a project, you agree to these Terms. If you do not agree, please do not use our website or services. If you accept these Terms or engage us on behalf of a business, you confirm that you are authorized to do so and are of legal age to enter a contract.

Our Services

BuildScale designs and builds websites, web applications, and digital marketing systems (SEO, social media) for businesses. The specific scope, deliverables, timeline, and price for your project are defined in the quote and agreement we provide before work begins.

Quotes & Agreements

We provide a written quote with a fixed scope and price. Each quote states how long it remains valid; after that period it may need to be re-confirmed or re-quoted. Work begins only after you accept the quote and your deposit clears. Anything outside the agreed scope is a change and may require a separate quote.

Payment Terms

Payment structure depends on the project type. One-time projects are billed as a deposit to begin and the balance at launch; multi-month engagements are billed in installments tied to project milestones; and retainers are billed monthly in advance. The exact amounts, percentages, milestones, and timing for your project are set out in your quote and agreement.

Accepted payment methods are listed in your quote or invoice and may include card or bank transfer, among other methods we offer.

Deposits

A deposit is always required before work begins and is due as set out in your quote and agreement. Work does not begin until the deposit clears. Your deposit reserves your place in our development queue.

Final Payment

Final payment is due upon project completion. Your custom domain is not connected, and full code/repository access is not transferred, until final payment is received.

Late Payment

Late payments may incur a late fee and, if they remain unpaid, may result in work being paused and a collections process beginning. Any late fee and the applicable timing are set out in your quote or invoice.

Revisions & Changes

Each project includes the revision rounds and changes set out in your quote or agreement. Complete direction changes or requests for multiple versions are not included. Once a design is approved and the build phase begins, the design is locked; bug fixes are included, but new features or design changes require a change order.

Warranty

Every project includes a warranty at no extra cost. The warranty starts on your launch date and runs for the period set out in your quote or agreement.

The warranty covers bug fixes and broken functionality (forms, links, integrations, mobile display, SSL). It does not cover new features, design changes, content additions, third-party outages, or issues caused by client changes.

Post-Launch Support

After the warranty period, support is optional:

• Monthly retainer: priority bug fixes, minor updates, and monitoring, at our then-current rate.
• Hourly support: as-needed support billed in 30-minute increments at our then-current rate.
• No ongoing support: you own your code and can hire any developer.

Current support rates are provided in your quote or on request.

Cancellation & Refunds

Before work begins:

• Before the deposit is paid: cancel freely, no penalty.
• After the deposit is paid but before work starts: part of the deposit is non-refundable to cover the time reserved for your project; the refundable portion is set out in your quote and agreement.

After work begins: deposits and payments are non-refundable regardless of completion percentage, because time was allocated and other work was declined. You receive all completed work, with code delivered in its current state and staging access for a limited period after cancellation.

A project may be paused for a limited period at the same price and scope (queue position not guaranteed); the applicable pause period is set out in your agreement. After that period, it must be re-scoped and re-quoted.

Hosting, Domain & Third-Party Services

All websites require a BuildScale hosting plan (Standard or Premium), billed annually and separate from the one-time project price. Current hosting rates are provided in your quote. A domain is also required; you may bring your own or we can help you find one (a close match to your business, not guaranteed available).

You are responsible for renewing third-party services (domains, hosting, etc.) at your own cost. Third-party prices are set by those providers and may change. We recommend enabling auto-renewal to avoid service interruptions.

Client Responsibilities

To deliver your project on time, you agree to provide, within the agreed timeframe:

• Content and assets (logo, photos, text, services, testimonials, contact info).
• Timely feedback and approvals (within the timeframe noted in your agreement when requested).
• Access to any accounts needed (domain, existing site, integrations).

Late or incomplete materials may delay your timeline. If we receive no response for an extended period, an approval may be assumed or the project paused, as described in your agreement.

Ownership & Intellectual Property

Upon final payment, you own all custom code, designs, content, and data created for your project, along with the associated accounts. BuildScale retains its pre-existing templates and component libraries (licensed to you for your project) and general techniques and know-how.

Until final payment is received, ownership does not transfer. BuildScale may display completed work in its portfolio unless you opt out; no confidential information or source code is shared.

Acceptable Use

You agree not to use our website or services for any unlawful purpose, to abuse or overload our forms or systems, or to submit content you do not have the right to use. We may refuse or terminate service for non-payment, prolonged non-responsiveness, or hostile or abusive conduct.

Website “As Is”

Our website and any free content on it are provided “as is” and “as available,” without warranties of any kind. We may change, suspend, or discontinue parts of the website at any time. This section does not limit the warranty we provide for paid project work, which is described above.

Limitation of Liability

Our services are provided on a commercially reasonable basis. To the fullest extent permitted by law, BuildScale is not liable for indirect, incidental, or consequential damages, or for losses arising from third-party services (such as hosting, domain registrars, or payment processors) outside our control. Our total liability for any claim is limited to the amount you paid for the project giving rise to the claim.

General Terms

Entire Agreement

Your signed quote and agreement, together with these Terms, form the entire agreement between you and BuildScale for your project. If anything in these Terms conflicts with your signed quote or agreement, the signed quote or agreement controls.

Governing Law & Venue

These Terms and any dispute relating to them or to our services are governed by the laws of the State of Missouri, without regard to its conflict-of-laws rules. The exclusive venue for any dispute is the state or federal courts located in Missouri, and you agree to that jurisdiction.

Dispute Resolution

If a dispute arises, both parties agree to first try to resolve it informally by giving written notice (to [email protected]) describing the issue, and allowing a reasonable period — at least 30 days — to work toward a resolution before starting any formal proceeding.

Force Majeure

Neither party is responsible for delays or failures caused by events beyond its reasonable control, such as outages of third-party services, internet or hosting failures, natural events, or other circumstances that could not reasonably be prevented.

Assignment & Subcontracting

You may not transfer your agreement to someone else without our written consent. We may use qualified subcontractors to help deliver your project, while remaining responsible for the work.

Severability

If any part of these Terms is found unenforceable, the rest remains in effect, and the unenforceable part will be applied in the way that most closely matches its original intent.

Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date at the top reflects the latest version. Your project is governed by the agreement and Terms in effect when you signed.

Contact Us

Questions about these Terms? Email [email protected]. See also our Privacy Policy.