TERMS OF SERVICE

Last Updated: March 13th, 2025

Welcome to www.built-by-me.com (the “Site”), operated by Dextrous Design Engineering LLC (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website, services, and products. By accessing or using the Site, registering for an account, or making a purchase, you agree to be bound by these Terms and our Privacy Policy (which is incorporated herein by reference). If you do not agree to these Terms, please do not use the Site.

1. Eligibility and Account Registration

  • Eligibility: By using this Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

  • Account Registration: To make a purchase, you may create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Please notify us immediately at help@built-by-me.com if you suspect any unauthorized use of your account.

2. Products and Services

  • Products: We sell aftermarket headphone accessories, which include, but are not limited to, kits that may include ear pads, adapters, and other related components.

  • Trademark Notice: "Built-by-me™ " and its logo are trademarks of Dextrous Design Engineering LLC. Any unauthorized use, reproduction, or imitation of these marks is prohibited.

  • No Endorsement: Our products are not manufactured, endorsed, or affiliated with the original manufacturer of your headphones. All trademarks belong to their respective owners.

3. Payment and Transactions

  • Payment Methods: We accept credit card payments processed through Squarespace Payments. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method.

    • We accept Apple Pay. By using Apple Pay, you agree to our Terms of Sale and acknowledge our Privacy Policy. Apple Pay transactions are also subject to Apple's Terms and Conditions and Privacy Policy.

  • Pricing: All prices are listed in U.S. dollars and are subject to change without notice.

  • Returns and Refunds:

    • Return Policy: Kits may be returned for a refund, minus a 25% restocking fee and a $5 return postage fee, within 30 days of purchase.

    • Cancellations: Orders may be canceled if they have not yet been shipped.

    • To initiate a return or cancellation, please contact us via email at returns@built-by-me.com.

4. Shipping

  • Domestic Shipping: We offer free shipping within the United States via USPS Parcel Select. Delivery times may vary based on location and other factors beyond our control.

  • International Shipping: A surcharge may apply for international shipping and any import tariffs are the responsibility of the buyer.

5. Warranty and Disclaimers

  • Limited Warranty: All kit materials are covered by a limited warranty for one (1) year from the date of purchase, except for the ear pads, which have a 90-day warranty. Important: To activate the warranty, you must register your kit as instructed.

  • Disclaimer of Warranties:

    • The products are provided “as is” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

    • We do not provide any warranty for the headphones to which you install the kit. By purchasing the kit, you assume the risk of voiding your headphones' manufacturer's warranty, as well as the risk of damaging or altering active noise-canceling functions of your headphones, if equipped.

    • Improper installation may result in damage to your headphones or injury to yourself.

    • Headphones displayed on the Site are for illustration purposes only and are not included with the kit. Colors of ear pads mesh may vary from what is shown on the Site.

6. Intellectual Property

  • Ownership: All content on the Site, including text, images, “Built-By-MeTM “ and its logo, is the property of Dextrous Design Engineering LLC or its licensors and is protected by intellectual property laws. Additionally, our products are protected by one or more patents pending. Unauthorized reproduction, distribution, or modification of our proprietary designs, components, or branding is strictly prohibited.

    • Exception to Ownership: Products sold on this Site are not manufactured, endorsed, or affiliated with any third-party brands, including but not limited to Beats by Dre, Apple Inc., Sony, JBL, or Harman International. All third-party trademarks, brand names, and logos remain the property of their respective owners. Any reference to these brands is for compatibility and informational purposes only and does not imply any association, sponsorship, or endorsement by the respective trademark holders.

  • User Content: While we do not currently host user reviews or comments, any content you might submit in the future must comply with our guidelines and will be subject to our rights as outlined in these Terms.

7. Dispute Resolution

  • Arbitration: Any disputes, claims, or controversies arising out of or relating to these Terms or the use of our products and services shall be resolved exclusively through binding arbitration in accordance with the rules the American Arbitration Association. By using the Site, you agree to waive your rights to a trial by jury.

  • Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. You agree that any arbitration or legal proceedings shall be held in Contra Costa County, California.

8. Third-Party Services

  • Payments: Payments are processed by Squarespace Payments. Your use of their services is subject to their terms and conditions.

  • Other Services: We may use third-party services (e.g., analytics, advertising) on the Site. Use of these services is governed by the respective third-party terms.

9. Privacy

Our data collection, storage, and sharing practices are described in our Privacy Policy. By using the Site, you consent to the collection and use of your information as set forth in the Privacy Policy.

10. Modifications to Terms

We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after any modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

11. Termination

We may, at our sole discretion, terminate or suspend your access to the Site (or any part thereof) at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

12. Limitation of Liability

In no event shall Dextrous Design Engineering LLC be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, loss of profits, data, or use) arising out of or relating to your use of or inability to use the Site or products, even if advised of the possibility of such damages. Our total liability to you for any claims shall in no event exceed the amount paid by you, if any, for accessing the Site or purchasing products.

13. Indemnification

You agree to indemnify, defend, and hold harmless Dextrous Design Engineering LLC, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site or products, or your violation of these Terms.

14. Contact Information

If you have any questions or concerns about these Terms, please contact us at: help@built-by-me.com

By using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.