Terms of Service
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Welcome to the Buzzflow.ai website (“Buzz,” “us,” “our,” and “we”). Your use of buzzflow.ai (the “Website”) is subject to the following Terms and Conditions (“Terms”) and our Privacy Policy, which can be found here. These Terms constitute a legal agreement and are entered into by and between you and Buzz. Accordingly, please read these Terms carefully before using the Website. If you do not agree to these Terms, please exit our Website and close your browser.
The following Terms govern your access to and use of the Website, including any content, functionality, and services offered on or through the same. These Terms contain provisions that will govern how disputes between you and us will be resolved, and they include a waiver of a jury trial and a waiver of your ability to bring a class action lawsuit against us. Please read these Terms to understand what you are agreeing to prior to your use of the Website.
About Us
Buzz provides social media and reputation management to small businesses through its AI-powered software (the “Services”). Your use of the Services is also subject to any additional terms, conditions, and policies that we separately post on the Website or provide to you, and any agreements that you have separately executed with Buzz (“Supplemental Terms”). All Supplemental Terms are incorporated by reference into these Terms and Conditions (“Agreement”).
Privacy
You acknowledge that you have read our Privacy Policy, as it may be updated from time to time and it also governs your visit to and use of our Website. Our Privacy Policy describes what information we collect from you, and how that information is used, shared, secured, and eventually deleted. Any defined terms used herein are defined in the Privacy Policy.
Eligibility
You must be at least 18 years old to use the Website or Services. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Website and Services with permission from your parent or legal guardian.
Customer Accounts
You may register for an account with us at any time, and you will be prompted to do so upon purchasing our Services (“Customer Account”). When you register for a Customer Account with us, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. To create a Customer Account, we require your full name, your business name, a valid email address, password, and a valid form of payment that is accepted by our third-party payment provider, Stripe. A valid form of payment is required to purchase our Services, including to enroll in a free trial of the same.
You may delete your Customer Account at any time, and for any reason, by following the instructions for deletion contained in your Customer Account. Additionally, all Customer Accounts are subject to these Terms and any additional terms that may be noticed on our Website, and/or separately agreed to by you. Buzz may suspend or terminate any Customer Account as needed and as defined below in the “Term and Termination” section of these Terms. Buzz also reserves the right to refuse to allow a Customer Account to exist or be created, and will delete any Customer Account created by an individual or business who has been previously removed or barred by Buzz from accessing the Services.
Account Responsibilities
You are responsible for maintaining the confidentiality of the login credentials for your Customer Account. You must select a sufficiently complex password when registering for a Customer Account, and you are responsible for keeping your password secure. Further, you should be mindful of access to the device used to access your Customer Account and restrict access to such device(s) as well. You remain responsible for all activities that occur under your Customer Account.
You also agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Customer Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you notice any problems or suspect that your account has been compromised, please contact your account manager and us at info@buzzflow.ai to report the same as soon as possible.
Account Deletion
To delete a Customer Account, please log in and follow the instructions provided in your Customer Account settings. Once you have completed the deletion process, your Customer Account will be permanently deleted. You may choose to create a new account with us at any time.
Please note that following the initial 90-day commitment period, cancellations are subject to 30 days’ notice, and we do not prorate refunds for cancellation requests received once the billing cycle has started. If you cancel your membership once the billing cycle has started, your membership will remain active for the duration of that billing cycle and will not renew thereafter. If you need help or have questions regarding your membership, please contact your account manager or accounts@buzzflow.ai.
Payment Terms
In order to use Buzz’s services, you must provide us with, and at all times maintain, a valid form of payment issued by an established financial institution. We, through our third-party payment processor, Stripe, will automatically bill your credit card when you sign up for our Services and monthly thereafter. Unless otherwise expressly set forth in this Agreement, all payments are non-refundable. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information. We also reserve the right to suspend all Services until the client account is brought current.
Additionally, by providing us with your credit card number and associated payment information, you agree to an initial 90-day membership period, and understand that cancellation requests require 30 days’ notice. Buzz is authorized to immediately charge the credit card linked to your Customer Account for all fees and charges due and payable hereunder, on a recurring monthly basis, and that no additional notice or consent is required.
You agree to immediately notify Buzz of any change in your billing address or the credit card used for payment.
Refund Policy
All Services and memberships are non-refundable. We may, in our sole discretion, offer refunds and discounts on a case by case basis. If you wish to report an issue with your membership or Service, please contact us at info@buzzflow.ai.
Service Descriptions and Pricing
Buzz does not warrant that any Service description or other content on this Website is accurate, complete, reliable, current or error-free. The pricing for our Services is subject to change at any time. If you are one of our valued customers, your account manager will notify you of any price changes to your subscription 30 days in advance of the scheduled change.
Links
This Website may contain links to other websites that are not under the control of Buzz. Buzz is not responsible for and makes no representations or warranties concerning the contents of any linked site, any information collected therein, or the use or disclosure practices through a linked site or any link contained in a linked site (collectively, the “Linked Sites”). It is your responsibility to verify any information contained within the Linked Site(s) before relying on it.
Any links provided by Buzz are provided for convenience and/or informational purposes only. Any links provided or included by Buzz in any communication does not imply endorsement, verification, or investigation by Buzz of the Linked Site(s). Your use of the Linked Sites is at your own risk and may be subject to the terms and conditions included in the Linked Sites, which is your responsibility to find and review.
Ownership; Rights and Licenses
All content available on the Website, including but not limited to text, data, interfaces, articles, photographs and images, artwork, code, graphics, logos, button icons, audio clips, data compilations and software, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of the foregoing (collectively, the “Website Content”) is proprietary and is owned, controlled, or licensed by or to Buzz, and is protected by all applicable laws and rights, including but not limited to United States and international copyright laws, unfair competition laws, and various other intellectual property rights and laws.
The trademarks, logos, and service marks displayed on the Website (collectively the “Trademarks”) are the registered and unregistered marks of Buzz in the United States and other countries, and are protected by United States and international trademark laws.
Except as required under applicable law, neither the Website Content nor Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, or otherwise exploited, in whole or in part, for any purpose without Buzz’s prior written consent. This includes any automatic or bot scraping of the data and content contained on our Website. Any form of automatic scraping of our Website and the data contained herein is a violation of these Terms.
We provide you with a limited, royalty-free, non-exclusive, non-transferable and revocable right and license to access our Website (and the content that you are viewing on our Website). You may use information on Buzz’s services from the Website, provided that: (1) you do not remove any proprietary notices, (2) such use is for personal, non-commercial purposes, (3) you do not share or make accessible such information on any networked computer or broadcast of any sort, and (4) you do not make any claims, representations or warranties with respect to such information (“Limited License”). Your Limited License assumes that all original copyright, trademark, and other notices are preserved in their original form. This Limited License does not include any rights not specifically stated herein. Your use of our Website does not grant, license, or transfer to you any ownership or other rights in our Website content (including without limitation the Website Content and Trademarks), and except as expressly provided, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of Buzz’s or any third-party’s intellectual property rights, including, without limitation, any right to download, reproduce, display, distribute, modify, edit, alter, offer for sale, or enhance any of the Website Content in any manner whatsoever.
Any rights not expressly granted to you in these Terms are expressly reserved by Buzz. For greater certainty and the avoidance of doubt, you agree that you will not take any action that is inconsistent with Buzz’s exclusive ownership of this Website, nor Buzz’s ownership of, or any third party’s ownership of, any website content (including without limitation the Website Content and Trademarks).
Ownership of Work Product
All purchased websites, SEO deliverables, content, designs, code, graphics, and other materials created by us for the Client (“Work Product”) shall be the sole property of the Client upon full payment of all fees due. Until payment is made in full, we retain all right, title, and interest in and to the Work Product.
The Client grants us a limited, non-exclusive license to use, modify, host, maintain, and otherwise access the Work Product solely for the purpose of performing services under the agreement.
Upon full payment, ownership of the Work Product transfers to the Client, and the Client retains all rights to continue using the Work Product, even if the business relationship is terminated.
We retain the right to use non-confidential portions of the Work Product for portfolio, marketing, and promotional purposes unless otherwise agreed in writing.
User Content
“User Content” means any and all information and content that a user submits or posts on social networking sites where we have a page or presence (“SNS Pages”). By submitting or posting your User Content, you warrant that you own all rights or have obtained all third party consents, waivers, permissions, or licenses with respect to the User Content and that neither you nor any third party will object to the use of your User Content by Buzz. By posting or submitting your User Content, you also (1) consent to your name, address, and e-mail address appearing as the contributor of any User Content that you may post, share, or otherwise associate with the Website as applicable, and to the disclosure and display of such information and any other information which appears in or is associated with the User Content; (2) agree that Buzz is not responsible for any loss, damage, or corruption that may occur to your User Content or any content that you claim to be yours; (3) agree that you assume all risk associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable; (4) agree that any User Content that you provide for display on the Website will be considered public and non-confidential; and (5) agree that you may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Buzz.
Buzz reserves all rights to edit or remove the User Content, regardless of whether or not it is in violation of the provisions of these Terms. Buzz is not responsible for User Content in any way whatsoever, and User Content may be deleted at any time and for any reason. Buzz is not obligated to backup any User Content, and you are solely responsible for creating backup copies of your User Content if you so desire.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Buzz (and its affiliates, respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns) harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Website, including, but not limited to (1) your use of the Services in an unauthorized manner; (2) your User Content; (3) your violation of this Agreement; or (4) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
This provision does not require you to indemnify us for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation, concealment, suppression or omission of any material fact in connection with the Website.
Disclaimer of Warranties
You understand and agree that your use of the Website, its content, and any services attained through the Website is entirely at your own risk and are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We make no warranties that the Services: (1) will meet your requirements; (2) will be available on an uninterrupted, timely, secure, or error-free basis; (3) will be accurate, reliable, free of viruses or other harmful code, complete, legal or safe; or (4) that the content produced by the Services will be to your satisfaction.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
To the fullest extent permitted by applicable law, in no event will Buzz be liable to you or any third party for any lost profit or any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Services is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or otherwise, or loss of data resulting therefrom.
To the fullest extent permitted by law, our liability to you for any damages relating to or arising from this Agreement (for any cause whatsoever and regardless of the form of the action) will be limited to and will not exceed the fees you have actually paid us during the twelve (12) months preceding the claim giving rise to such liability. The existence of more than one claim will not enlarge this limit.
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability is limited to the greatest extent permitted by law.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (1) suspend your rights to use the Website and/or Services (including your Customer Account), or (2) terminate this Agreement, at any time and for any reason at our sole discretion, including but not limited to, any use of the Services in violation of this Agreement or our discontinuance of any Services. Upon termination of this Agreement, your Customer Account and right to access and use the Services will terminate immediately, and you will not be charged for any additional Services upon conclusion of the then-current billing cycle. We will not have any liability to you whatsoever for any termination of this Agreement, including for termination of your Customer Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
Dispute Resolution
To expedite and limit the cost of dispute resolution, you and Buzz agree that any claim in law or equity relating to or arising out of the use of the Services (“Claim”) shall be attempted to be resolved informally first, and if unsuccessful, through arbitration. This process is detailed below.
Informal Resolution
You and Buzz shall use your best efforts to informally settle any Claims, disputes, questions, or disagreements and to engage in good faith negotiations to amicably resolve the same. To initiate informal dispute resolution, the initiating party must first send a written description of the dispute to the other party. For any dispute against Buzz that you initiate, you agree to send Buzz (1) a written description of the dispute; and (2) include your full name, business name, and email address associated with your Customer Account. Such correspondence should be addressed to legal@buzzflow.ai.
Formal Dispute Resolution by Arbitration & Class Action Waiver
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Buzz and limits the manner in which you can seek relief from us.
If the parties have been unable to resolve their dispute informally, then either party may initiate arbitration as set forth in this section. If you decide to initiate arbitration, a copy of the arbitration demand must be emailed to legal@buzzflow.ai and accounts@buzzflow.ai. If Buzz is initiating arbitration, it will serve a copy of the demand to the email address associated with your Customer Account.
You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, or to any aspect of your relationship with Buzz, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or Buzz may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
This Arbitration Agreement will survive the termination of your relationship with Buzz.
Arbitration Rules and Forum
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. All Claims not resolved through informal dispute resolution shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration, before one arbitrator to be mutually agreed upon by both parties. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator; or (b) hold a hearing by teleconference or videoconference. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/. All other disputes shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitration forum.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Waiver of Jury Trial
YOU UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU AND BUZZ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU AND BUZZ ARE INSTEAD ELECTING THAT ALL DISPUTES, CLAIMS, OR REQUESTS FOR RELIEF SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT, EXCEPT AS SPECIFIED ABOVE.
Waiver of Class or Other Non-Individualized Relief
YOU AND BUZZ ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF BUZZ PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
IF A DECISION IS ISSUED STATING THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS SUBSECTION’S LIMITATIONS AS TO A GIVEN DISPUTE, THEN SUCH ASPECT MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT INTO THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF NEW YORK. ALL OTHER DISPUTES, CLAIMS OR REQUESTS FOR RELIEF SHALL BE ARBITRATED. THE PARTIES AGREE, HOWEVER, THAT ANY ADJUDICATION OF REMEDIES NOT SUBJECT TO ARBITRATION SHALL BE STAYED PENDING THE OUTCOME OF ANY ARBITRABLE CLAIMS AND REMEDIES.
30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement. If you choose to opt out, you must send a written notice of your decision to: legal@buzzflow.ai. The notice must be sent within 30 days of your first use of the Services or on the date you become subject to these Terms, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Buzz Customer Account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. Failure to timely opt out shall constitute mutual acceptance of the terms of these Dispute Resolution provisions by you and Buzz.
Governing Law
This Agreement shall be governed by, and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without regard to any conflict-of-law principles that would mandate the application of laws from any other jurisdiction.
Changes to Agreement
We reserve the right in our sole discretion to modify and update these Terms and this Agreement from time to time and without any notice, and the changes will be posted on our Website with an updated “Last Revised” date found at the top of this Agreement. Any and all such modifications are effective immediately upon posting and apply to all access and continued use of the Website, Customer Account and our Services. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use of our Services shall be your acceptance of the same. If you do not agree with any of the changes, you should stop using our Services.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Website, unless you have executed Supplemental Terms with us. You may be subject to additional terms and conditions when you use, purchase, or access other services, the services of affiliates, or third-party content or material.
Assignment
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.
Waiver
No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other further exercise thereof or the exercise of any other right, remedy, power or privilege.
Severability
If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Contact Us
If you have any questions or concerns, please contact us at info@buzzflow.ai.