Terms of Service

The framework behind our engagements.

Last updated: August 12, 2026

1. About These Terms

These Terms of Service ("Terms") govern your use of privatebuilds.com (the "Site") and, at a general level, the framework under which PrivateBuilds provides private AI assessment, pilot, and deployment services ("Services"). By using the Site or engaging us for Services, you agree to these Terms.

These Terms are a general framework, not a project contract. Each engagement — its exact scope, deliverables, price, timeline, data handling, and specific terms — is governed by a separate, signed Statement of Work ("SOW"), and where applicable a Master Services Agreement ("MSA"), Non-Disclosure Agreement ("NDA"), and/or Data Processing Agreement ("DPA"). If anything in a signed SOW/MSA/DPA conflicts with these Terms, the signed document governs for that engagement.

2. Our Services

PrivateBuilds provides private AI implementation services, which may include: workflow discovery and assessment, hardware recommendation, pilot development, deployment of AI models and applications on infrastructure you own or control, systems integration, and ongoing support ("Care Plans"). Exact scope for any engagement is defined in its SOW.

3. Customer-Owned Hardware

Our service model is built around infrastructure you own or control. Unless a specific SOW states otherwise:

4. Scope of Work & Change Requests

Each engagement begins with a defined scope in its SOW (e.g., a Discovery assessment, a Pilot, or a Deployment). Work outside that defined scope — new workflows, additional integrations, expanded hardware, etc. — will be handled as a change request, quoted and agreed in writing before work begins.

5. Payment Terms

Payment terms (amounts, milestones, currency, method) are specified in each SOW or invoice. Unless stated otherwise: invoices are due within 30 days of issue; late payments may incur a reasonable late fee or pause of work; fees already paid for completed stages (e.g., a completed Discovery or Pilot) are non-refundable, as they reflect work delivered.

6. Intellectual Property & Ownership of Deliverables

Subject to full payment of applicable fees:

7. Confidentiality & Data Handling

We treat information shared with us in the course of an engagement as confidential, and typically formalize this with a mutual NDA before any confidential discussion or data sample is shared.

Our marketing describes our systems as running on infrastructure you own, so that your data is not sent to public AI services. This reflects our standard architecture and intent. However, the specific data flows, any external services, remote access arrangements, backup practices, third-party integrations, and data retention practices for your particular deployment will be documented in the applicable SOW, DPA, or security documentation for that engagement — including any narrow exceptions relevant to your chosen configuration (for instance, if you opt for a private-cloud/VPC deployment rather than physical on-premise hardware). These Terms do not, on their own, constitute an absolute guarantee that data can never leave your physical premises under every possible deployment configuration; the binding, specific commitments for your engagement are set out in your signed NDA/DPA and SOW.

See our Security page for our general approach to access, handling, and destruction of any data shared with us.

8. AI / Model Limitations and Accuracy

You acknowledge and agree that:

9. Support & Care Plans

Ongoing support ("Care Plans") is optional and billed separately, as described on our Site or in your SOW. Care Plans may be paused or cancelled by either party with reasonable notice as specified in the applicable agreement. Without an active Care Plan, we have no obligation to provide updates, fixes, or support for a deployed system, though it will continue to run as delivered.

10. Warranties and Disclaimers

We will perform Services in a professional and workmanlike manner consistent with generally accepted industry standards. Except as expressly stated in a signed SOW, Services and Deliverables are provided "as is," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that any system will be uninterrupted, error-free, or fully secure, or that it will meet every regulatory requirement applicable to your business — compliance with laws and regulations applicable to your organization remains your responsibility.

We do not currently hold or claim SOC 2, ISO 27001, HIPAA, GDPR, Australian Privacy Act certification/compliance status, or any other formal security or compliance certification. Our current security practices are described in general terms on our Security page, and any future certifications will be stated accurately, and only once actually obtained and verified.

11. Limitation of Liability

To the maximum extent permitted by applicable law: PrivateBuilds' total liability arising out of or relating to the Services, for any cause of action, will not exceed [LIABILITY CAP — TO BE CONFIRMED WITH LEGAL COUNSEL]. Neither party will be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data, even if advised of the possibility of such damages. This limitation does not apply to breaches of confidentiality obligations or to liability that cannot be limited under applicable law.

Indemnification obligations, if any — e.g., for IP infringement or data breach — are not addressed as a blanket clause in these website Terms and would instead be negotiated per engagement in the applicable SOW/MSA, where the parties' specific risk allocation can be considered properly.

12. Termination

Either party may terminate an engagement as specified in its SOW, typically with written notice. Upon termination: you retain all Deliverables and Background IP licenses as set out in Section 6 for work already paid for; fees for work completed up to the termination date remain payable; each party's confidentiality obligations survive termination.

13. Governing Law & Disputes

These Terms are governed by the laws of India, subject to applicable mandatory laws.

For a specific engagement, the parties may agree a different governing law or dispute-resolution venue in the SOW/MSA — for example, to reflect a customer's home jurisdiction in Australia, the US, or Canada — consistent with Section 1.

Flagged for legal review: whether a specific dispute-resolution venue, arbitration clause, or cross-border enforcement mechanism should be added here or standardized across SOWs for international engagements.

14. Changes to These Terms

We may update these Terms from time to time; the "Last updated" date reflects the latest revision. Changes do not apply retroactively to a signed SOW already in effect.

15. Contact

Questions about these Terms: hello@privatebuilds.com Privacy policy Terms of Service