Supplemental Terms and Conditions For Kajabi Build Mode

September 30, 2022

These Supplemental Terms and Conditions for Kajabi’s Build Mode (“Build Terms and Conditions”) are an addendum to Kajabi’s platform Terms of Service (“Platform TOS”), and apply to your participation in the Kajabi Build Mode. Capitalized terms not defined in the Build Terms and Conditions will have the meanings given to them in the Platform TOS.

  1. Conditions.

1.1 The Build Mode provide you with the ability to focus on building and creating your course and website content

The Build Mode gives you limited access to the use of the following Kajabi products, services, and features (collectively, the “Build Services”), which will allow you to focus on building and creating your course content and website content rather than selling and marketing:

  • Ability to build course content and website content (without publishing)
  • Ability to create email broadcasts and sequences (without sending)

 

Use of the Build Services is subject to the terms of the Platform TOS except as otherwise specified in these Build Terms and Conditions.

 

1.2 Only new Kajabi customers are eligible to participate in the Build Mode. To be eligible to sign up for the Build Mode, you must never have been a paying customer of Kajabi or have previously signed up for a free trial. 

 

1.3 Your use of the Build Mode begins on the date you create an account in the Kajabi Platform (“Build Start Date”) and ends on the earlier of: (i) the date that you cancel your Build account; (ii) the date you upgrade to a paid Kajabi plan; or (iii) 45 days from the Build Start Date (the “Build Period”). Once you upgrade to a paid plan, you will not be permitted to downgrade back to the Build Mode.

 

1.4 The Build Mode is meant to be a starter plan so that you have time, without charge, to get to know us and get familiar with our Product before launching your website and courses publicly. However, to publicly share your website and courses, you will be required to upgrade to a paid Kajabi subscription plan. If you upgrade, you will be required to self-select your Kajabi plan from the options posted on the Kajabi site based on your anticipated use of the Kajabi Platform. Each paid plan offers different pricing and feature options and has varying usage limits. Once you select your paid plan, we will never automatically upgrade or downgrade your plan.  

 

  1. Limitations and Restrictions.

2.1 Your use of the Kajabi Product is restricted to the Build Services unless you upgrade to a paid Kajabi plan. Certain Kajabi services and features will not be available under the Build Mode, for example you will not be able to publicly publish your Content, import contacts, use email services, or collect or process payments. You will not be able to go beyond the Build Services unless you upgrade your account to a paid Kajabi subscription. Once you have upgraded your account, you will not be able to downgrade back to the Build Mode. 

 

2.2 Kajabi may terminate or modify the Build Mode at any time. If Kajabi terminates the Build Mode, we will provide you the opportunity to upgrade to a paid subscription plan and/or migrate your Content from the Kajabi platform. 

 

2.3 Kajabi’s direct competitors are prohibited from accessing the Build Mode. In addition, the Build Mode may not be accessed for the exclusive purpose of monitoring performance, or functionality, or for any other benchmarking or competitive purposes.

  1. Communications.

You may receive periodic communications from Kajabi at the contact information submitted/linked during the Build Mode sign up and associated with your Build account, such as training and on-boarding materials, product tips and updates, event information and special offers related to Kajabi products and services. You can stop receiving email communications by opting out via the unsubscribe link in the emails. Personal data we collect is subject to Kajabi’s Privacy Policy.

  1. Conclusion of the Build Period.

4.1 When the Build Period ends and if you have not upgraded to a paid Kajabi Subscription, you will no longer have access to the Build Services or your Content. To continue using the Kajabi Product, you must upgrade to a paid subscription plan. Any data or Content stored or created on the Kajabi Platform will be marked for deletion and might be lost. Learn more about data deletion on Kajabi.

 

4.2 Your account will enter into a 30-day grace period following the conclusion of the Build Period, during which you may contact Kajabi support to (i) recover your data and Content and migrate it from the Kajabi Platform; or (ii) upgrade to a standard paid Kajabi Platform account. After the 30-day grace period, Kajabi may delete your account, including your Content and other data, if any, from the Kajabi platform unless legally prohibited.

  1. Upgrading to a Paid Kajabi Platform Account.

 

5.1 You can upgrade your Build account at any time after starting the Build Period to ensure that your resources keep running uninterrupted after the Build Period ends. You might also want to upgrade your account if you want to use features that are not included in the Build Services, such as publishing pages, adding contacts, email services, and collecting payments. 

 

5.2 At any time during your use of the Build Mode, you may convert your account into a standard paid Kajabi subscription account by clicking the “Upgrade” button in your account or contacting support@kajabi.com. You will then be required to provide us with a valid credit card or other form of payment and you will immediately be charged the applicable plan price. Kajabi is a subscription based service, which means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”), either monthly or annually, depending on what subscription plan you select when upgrading and purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your account through your online account management page or by contacting us at billing@kajabi.com prior to the end of the billing cycle.

 

5.3 Your continued use of Kajabi’s Product after upgrading to a paid Subscription is subject to your compliance with the Platform TOS, and these Build Terms and Conditions will no longer apply.

 

  1. Disclaimer of Warranty; Limitation of Liability.  

THE BUILD MODE IS A TEST SERVICE BEING OFFERED BY KAJABI AND IS NOT A FULLY TESTED PRODUCT OFFERING AND HAS NOT BEEN COMPLETED ACCORDING TO KAJABI’S NORMAL DEVELOPMENT PROCEDURES. YOUR USE OF THE BUILD SERVICES IS AT YOUR SOLE RISK. THE BUILD SERVICES MAY CONTAIN DEFECTS, FAIL TO PERFORM, AND MAY PRODUCE UNINTENDED CONSEQUENCES OR LIMITED RESULTS. YOU ACCEPT THE BUILD SERVICES “AS IS.” KAJABI MAKES NO WARRANTY OR GUARANTY OF ANY KIND, INCLUDING ANY GUARANTY OF PERFORMANCE,  REGARDING THE BUILD SERVICES. THE BUILD SERVICES ARE PROVIDED AS IS, WITHOUT ANY WARRANTY WHATSOEVER, AND KAJABI HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES.

IN NO EVENT SHALL KAJABI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, LOST PROFIT, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE BUILD SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREIN.