to read this ToS
Buildkite's fine print is longer than you think.
🎓Longer than a college lecture.
The 5 things you actually need to know
⏱️ Saved you 45 min 7s- 1
They can use your feedback to improve their product, and you get no credit or cash.
- 2
Your data is used to improve their service, but they won't share it in a way that identifies you.
- 3
If you leave, all your data and customizations are gone unless you export them first.
- 4
They can change the terms anytime, and continuing to use the service means you agree.
- 5
All fees are non-refundable, even if you stop using the service mid-term.
Generated by AI from the actual contract — but for the lawyer-level breakdown, scroll down 👇
AI training
- Severity 3
"Buildkite Technology means the computer software, computer code, scripts, application programming interfaces (APIs), connectors, dashboard, interactive displays, models, visualizations, simulations, predictive engines, neural networks, artificial intelligence, machine learning models, methodologies, templates, work flows, tools, algorithms, formulas, user interfaces, know-how, trade secrets, techniques, designs, inventions, third party services and other tangible or intangible technical material, information and works of authorship underlying or otherwise used to make available the Buildkite Cloud Services, including, without limitation, all upgrades, enhancements, modifications, additions and improvements thereto and all derivative works thereof, and Intellectual Property Rights therein and thereto."
Buildkite Technology encompasses all software, code, APIs, models, and other technical materials used to provide Buildkite Cloud Services, including any upgrades or modifications.
This broad definition means Buildkite owns all underlying technology, limiting your ability to use or modify it independently.
Auto-renewal
- Severity 2
"Payment of Fees for the Buildkite Compute Services is on a monthly basis in arrears and by providing Credit Card information and agreeing to purchase the Buildkite Compute Services, Customer hereby authorizes Buildkite (or its payment card processor) to automatically charge Customer’s Credit Card on the same date of each calendar month (or the closest prior date, if there are fewer days in a particular month) during the Subscription Term for all fees accrued as of that date (if any) in accordance with the applicable Order Form."
By providing credit card information and agreeing to purchase Buildkite Compute Services, you authorize Buildkite to automatically charge your card monthly in arrears for accrued fees.
Your credit card will be automatically charged each month for services used, requiring you to monitor usage to avoid unexpected costs.
Price hikes
- Severity 3
"Buildkite shall have the right to introduce new Fees or change the Fees from time to time on fourteen (14) days prior written notice to Customer and such Fees will take effect at the start of the Customer’s next renewal Subscription Term."
Buildkite can increase prices or introduce new fees with 14 days' written notice, effective at the start of your next renewal term.
You may face unexpected price increases with only two weeks' notice before your next billing cycle.
Data residency
No flags in this category.
Termination friction
- Severity 3
"If Fees are not brought out of arrears within 28 days of becoming overdue, Buildkite may terminate the Customer’s Account in Buildkite and this Agreement by immediate written notice."
Buildkite may terminate your account and agreement with immediate written notice if your fees are not paid within 28 days of becoming overdue.
Failure to pay outstanding fees within 28 days will result in immediate termination of your account and access to the service.
- Severity 2
"Buildkite Solution has the right to terminate a Trial Subscription at any time for any reason."
Buildkite can end a trial subscription at any time for any reason.
Your access to Buildkite during a trial period can be revoked without warning, disrupting your evaluation.
- Severity 2
"Upon expiration or termination of this Agreement, Customer’s and its Users’ right to access and use the Buildkite Solution will immediately terminate, Customer and its Users will immediately cease all use of the Buildkite Solution and deinstall all Buildkite Agents, and each party will make no further use of any Confidential Information, materials, or other items (and all copies thereof) belonging to the other party."
Upon termination or expiration, you and your users must immediately stop using the Buildkite Solution, uninstall agents, and return all confidential information.
You must promptly cease all use of the service and return any confidential materials upon contract termination to avoid further obligations.
Liability caps
- Severity 4
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING UNDER STATUTE, CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER FORM UNDER WHICH THE CLAIM AROSE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION AROSE."
Neither party's total liability for claims related to the agreement will exceed the subscription fees paid by the customer in the twelve months before the claim arose.
Your potential recovery for damages is capped at the amount you paid in the preceding year, limiting compensation for significant losses.
- Severity 4
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF, DAMAGE TO, OR CORRUPTION OF, DATA, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, WHETHER ARISING UNDER STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR WHETHER SUCH DAMAGE WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES."
Neither party is liable for indirect damages such as lost profits, loss of data, or consequential damages, regardless of the cause or foreseeability.
You cannot recover compensation for indirect losses like lost profits or data corruption, even if Buildkite's actions caused them.
- Severity 3
"Buildkite expressly disclaims all warranties, express or implied, with respect to the buildkite agents. Buildkite expressly disclaims all obligations and liability with respect to storage and backup of Customer Content and will not be responsible for any loss or corruption of Customer Content, lost communications, or any other loss or damage of any kind arising from Customer’s or its third party service providers’ telecommunications or Internet services or affecting their respective hardware, software or computer systems"
Buildkite disclaims all warranties for its agents and is not liable for loss or corruption of customer content due to third-party services or internet issues.
Buildkite is not responsible if your data is lost or corrupted due to issues with their agents or your internet connection.
Indemnification
- Severity 3
"Customer shall defend (at Customer’s expense), Buildkite and its officers, directors and employees from and against any Claims brought against Buildkite or its officers, directors or employees by a third party (i) alleging that the Customer Content violates applicable laws, rules, regulations or guidelines, infringes the intellectual property rights or privacy rights of, or has otherwise harmed, a third party, (ii) arising out of or related to the Third Party Services or Customer’s or its Team Members use thereof, or (iii) based upon any User’s use of the Buildkite Solution not in accordance with the terms hereof or not in accordance with the Documentation."
You must defend Buildkite against third-party claims that your content violates laws, infringes rights, or arises from your use of third-party services or improper use of the Buildkite Solution.
You are financially responsible for defending Buildkite against legal claims related to your content or how you use the service.
- Severity 2
"The foregoing indemnification obligations are conditioned on the indemnified party: (a) notifying the indemnifying party promptly in writing of such action, (b) reasonably cooperating and assisting in such defense at the indemnifying party’s expense, and (c) giving sole control of the defense and any related settlement negotiations to the indemnifying party with the understanding that the indemnifying party may not settle any claim in a manner that does not fully release the indemnified party from liability or which seeks to impose liability, restrictions or other obligations on the indemnified party, without the indemnified party’s prior written consent."
The indemnifying party must be promptly notified in writing, cooperate reasonably, and give sole control of the defense and settlement to the indemnified party, who must consent to any settlement that imposes liability.
You must actively participate in defending Buildkite, but they retain control of the defense and settlement process, potentially limiting your influence.
Silent term changes
- Severity 3
"Buildkite reserves the right to modify the Buildkite Solution on a continuous basis and if any such modification materially and adversely reduces the functionality of the Buildkite Solution, Customer may terminate its subscription for the Buildkite Solution, pursuant to Section 10.2(i)."
Buildkite modifies its solution continuously and allows customers to terminate their subscription if a modification significantly reduces functionality.
While you can terminate if functionality is reduced, Buildkite controls what constitutes a 'significant reduction'.
- Severity 3
"Buildkite may update these Terms of Service from time to time to, among other things, reflect changes in the Buildkite Solution. Buildkite will notify you of changes by posting an updated version of these Terms of Service at this webpage and will revise the last updated date above. Using the Buildkite Solution after a notice of changes has been sent to you or published on this webpage shall constitute consent to the changed terms."
Buildkite updates its Terms of Service periodically and notifies users by posting changes on its website. Continued use of the Buildkite Solution after notification signifies agreement to the new terms.
You must regularly check Buildkite's website for updated terms, as your continued use implies acceptance of any changes.
- Severity 3
"Buildkite may list Customer as a customer of the Buildkite Solution on Buildkite’s website and in its marketing materials."
Buildkite may use your name and logo on its website and in marketing materials as a customer of the Buildkite Solution.
Your company may be publicly listed as a Buildkite customer without your specific consent for each instance.
Better alternatives
Higher-rated vendors in developer tooling that may be safer than Buildkite.
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