Terms and Conditions

    Effective date: June 2026

    BuildMoat Ltd · hello@buildmoat.co.uk · buildmoat.co.uk

    1. Agreement to Terms

    By accessing and using the BuildMoat website and services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not use our services.

    2. About BuildMoat

    BuildMoat Ltd provides accountability infrastructure for AI in regulated financial services. Our services include the AI Accountability Mapping Review, the BuildMoat managed service platform, and associated workflow infrastructure, analytical tools, and governance documentation support.

    BuildMoat is not a regulated firm under the Financial Services and Markets Act 2000. We do not provide legal advice, regulatory advice, compliance advice, or any form of regulated activity as defined by the FCA. All regulatory interpretation, compliance decision-making, and accountability under SM&CR and applicable regulatory frameworks remain solely with the client organisation and its authorised personnel.

    3. Services

    BuildMoat services are delivered under separate Master Services Agreements and Data Processing Agreements executed between BuildMoat Ltd and the client organisation. These agreements govern the specific scope, fees, timelines, data handling obligations, and performance standards applicable to each engagement.

    These Terms and Conditions apply to use of the BuildMoat website and to any pre-contractual engagement including assessment completions, contact form submissions, and mapping review sessions. They do not replace or supersede the terms of any executed Master Services Agreement.

    4. AI Accountability Mapping Review

    The AI Accountability Mapping Review is a fixed-fee analytical engagement. It produces a structured gap report mapping the client's AI workflows to their existing SM&CR frameworks. The output is informational and supportive in nature. It does not constitute compliance advice, legal advice, or a regulatory opinion.

    The client's compliance team or external advisers remain responsible for reviewing all findings, determining applicability to their specific circumstances, and making all compliance decisions.

    5. Website and Assessment Tools

    BuildMoat operates an SM&CR AI Accountability Assessment on its website and associated properties. Assessment results are provided for informational purposes only. They do not constitute compliance advice, regulatory advice, or a professional opinion on the client's regulatory position.

    Results are generated based on self-reported inputs. BuildMoat accepts no liability for decisions made on the basis of assessment results without independent professional verification.

    6. Use of Services

    You agree to use BuildMoat services only for lawful purposes. You agree not to:

    • Violate any applicable laws or regulations
    • Infringe on BuildMoat's intellectual property rights
    • Transmit malicious code or harmful materials
    • Misrepresent your identity, firm, or regulatory status when engaging with BuildMoat
    • Attempt to gain unauthorised access to BuildMoat systems or client data

    7. Intellectual Property

    All content on this website, including text, graphics, design, software, and documentation, is the property of BuildMoat Ltd or its licensors and is protected by applicable intellectual property laws.

    The AI Activity Register methodology, the BuildMoat accountability infrastructure framework, and associated governance documentation templates are proprietary to BuildMoat Ltd.

    Ownership of client-specific work product, including completed AI Activity Registers, gap reports, and evidence packs, will be specified in the relevant Master Services Agreement. Where not specified, work product produced specifically for a client is owned by that client upon full payment of applicable fees.

    8. Data and Confidentiality

    BuildMoat handles client data in accordance with the Data Processing Agreement executed at the commencement of each engagement. All client data, including obligation registers, AI workflow records, and compliance documentation, is stored on UK-resident infrastructure.

    BuildMoat commits to:

    • Maintaining strict confidentiality of all client information
    • Not disclosing client information to third parties without written consent
    • Using client information solely for the purpose of providing agreed services

    Where BuildMoat processes personal data on behalf of a client, it does so as a data processor under UK GDPR. The client remains the data controller.

    9. Fees and Payment

    For the AI Accountability Mapping Review and other fixed-fee engagements, fees are agreed in writing before commencement. Payment terms are net 14 days from invoice date unless otherwise agreed in writing.

    For ongoing managed service engagements, fees, payment schedules, and renewal terms are governed by the relevant Master Services Agreement.

    Late payments may incur interest at the statutory rate as permitted by the Late Payment of Commercial Debts (Interest) Act 1998.

    10. Limitation of Liability

    BuildMoat's services are provided as workflow infrastructure and analytical support. They are not a substitute for professional compliance, legal, or regulatory advice.

    To the fullest extent permitted by law, BuildMoat shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from use of our services, reliance on our outputs without independent professional verification, or any regulatory finding, enforcement action, or compliance failure at the client organisation.

    Our total liability for any claims related to our services shall not exceed the total fees paid by the client in the 12 months preceding the claim.

    Nothing in these terms limits BuildMoat's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

    11. Disclaimer of Warranties

    BuildMoat services are provided on an as-is basis. We do not warrant that our services will be uninterrupted, error-free, or that outputs will be accurate, complete, or current in all circumstances.

    Regulatory requirements change continuously. BuildMoat makes reasonable efforts to reflect current FCA, PRA, and applicable regulatory requirements in its services but does not guarantee that outputs reflect the most current regulatory position at all times. Clients are responsible for independent verification of all regulatory matters.

    12. Client Responsibilities

    Clients agree to:

    • Provide timely access to necessary information, personnel, and resources required for BuildMoat to deliver services
    • Respond promptly to requests for review and approval
    • Apply independent professional judgment to all BuildMoat outputs before acting on them
    • Make payment according to agreed terms
    • Comply with all applicable laws and regulations in their use of BuildMoat services

    13. Termination

    For website use and pre-contractual engagements, either party may cease engagement at any time.

    For managed service and advisory engagements, termination terms are governed by the relevant Master Services Agreement, which includes provisions for termination by agreement, termination for convenience with notice, and termination for material breach.

    14. Indemnification

    You agree to indemnify and hold harmless BuildMoat Ltd from any claims, damages, losses, or expenses including reasonable legal fees arising from your misuse of our services, your violation of these terms, or your violation of any rights of a third party.

    15. Dispute Resolution

    In the event of any dispute arising from these terms or our services, parties agree to first attempt resolution through good faith negotiation. If negotiation fails within 30 days, parties may pursue mediation before litigation.

    Any legal proceedings shall be governed by the laws of England and Wales. Parties consent to the exclusive jurisdiction of the courts of England and Wales.

    16. Modifications

    BuildMoat reserves the right to modify these Terms and Conditions at any time. Material changes will be communicated by email to registered clients where possible. Continued use of our services after changes constitutes acceptance of the modified terms. The current effective date is displayed at the top of this document.

    17. Severability

    If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms otherwise remain in full force and effect.

    18. Governing Law

    These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

    19. Contact

    For questions about these Terms and Conditions: hello@buildmoat.co.uk

    Effective Date: June 2026