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Terms & Conditions
1. Introduction
Welcome to Buzzly AI, a SaaS platform developed and owned by Clapp Technologies, LLC, a Delaware Limited Liability Company ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Buzzly AI platform, including any content, functionality, and services offered on or through the platform (collectively, the "Platform"). By using Buzzly AI, you accept and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Platform.
2. Definitions
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"Platform" refers to the Buzzly AI website, software, applications, and all related services provided by Clapp Technologies, LLC.
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"User" or "you" refers to any individual or entity accessing or using the Platform.
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"Content" refers to any text, graphics, videos, data, information, or other materials generated, uploaded, or transmitted through the Platform.
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"Subscription" refers to the plan or payment model chosen by the User to access the Platform's services.
3. User Accounts
3.1 Account Creation
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To use the Platform, you must create a User account. You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You are also responsible for all activities that occur under your account.
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You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate and complete.
3.2 Account Security
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You must promptly notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
3.3 Account Termination
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We reserve the right to suspend or terminate your account at our sole discretion if we believe you have violated these Terms or engaged in any activity that is harmful to the Platform or other Users.
4. Subscription and Fees
4.1 Subscription Plans
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Buzzly AI offers various subscription plans, including but not limited to monthly and annual plans. Each plan grants you access to certain features and services of the Platform.
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By subscribing to a plan, you agree to pay all applicable fees associated with that plan. Fees are billed on a recurring basis, as specified during your subscription.
4.2 Payment and Billing
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All fees are payable in advance and are non-refundable, except as required by law or as expressly stated in these Terms.
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We may use third-party payment processors to bill you through a payment account linked to your account on the Platform. You agree to pay any applicable taxes and additional charges.
4.3 Changes to Subscription Fees
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We reserve the right to modify our subscription fees or introduce new charges at any time. We will provide you with notice of any changes at least 30 days before they become effective. If you do not agree to the fee changes, you may cancel your subscription before the changes take effect.
4.4 Free Trials
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We may offer free trials of certain features or services. Free trials are subject to the terms and conditions stated at the time of sign-up and may be terminated or modified by us at any time without notice.
4.5 Cancellation
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You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of the current billing cycle. You will not be entitled to a refund for any fees paid.
5. Use of the Platform
5.1 Permitted Use
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You agree to use the Platform only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Platform complies with all applicable laws, regulations, and third-party rights.
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You agree not to engage in any activity that interferes with or disrupts the Platform or the servers and networks connected to the Platform.
5.2 Prohibited Conduct
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You shall not use the Platform to:
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Transmit any content that is unlawful, harmful, defamatory, abusive, obscene, or otherwise objectionable.
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Engage in any fraudulent activity or impersonate any person or entity.
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Upload or transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
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Transmit any viruses, worms, defects, Trojan horses, or any other destructive items.
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Use any robot, spider, or other automated means to access the Platform for any purpose without our express written permission.
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5.3 Content Ownership and Responsibility
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You retain ownership of all Content that you generate, upload, or transmit through the Platform. By submitting Content to the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such Content for the purposes of operating and providing the Platform.
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We do not monitor or control the Content uploaded by Users and do not assume responsibility for such Content. However, we reserve the right to remove any Content that we deem in violation of these Terms or harmful to the Platform or other Users.
6. Intellectual Property
6.1 Ownership
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All intellectual property rights in the Platform, including but not limited to software, design, graphics, trademarks, logos, and content (excluding User-generated Content), are owned by or licensed to Clapp Technologies, LLC. The Platform is protected by copyright, trademark, and other applicable intellectual property laws.
6.2 License
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Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for your personal or internal business purposes.
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You shall not, without our express written consent:
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Modify, reproduce, distribute, or create derivative works based on the Platform or its content.
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Decompile, reverse engineer, disassemble, or attempt to discover the source code of the Platform.
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Use any of our trademarks, logos, or other proprietary information without our prior written permission.
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6.3 Feedback
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Any feedback, suggestions, or ideas you provide regarding the Platform are entirely voluntary, and we are free to use them without any obligation or compensation to you.
7. Data Privacy and Security
7.1 Data Collection and Use
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We collect, use, and store your personal data in accordance with our Privacy Policy. By using the Platform, you consent to the collection and use of your data as described in the Privacy Policy.
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You are responsible for ensuring that any personal data you upload to the Platform complies with applicable data protection laws.
7.2 Security
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We implement industry-standard security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. However, we cannot guarantee absolute security, and you acknowledge that you provide your data at your own risk.
7.3 Data Backup
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While we take reasonable steps to maintain the integrity and security of the data stored on our Platform, you are responsible for maintaining backup copies of any Content or data that you generate or upload to the Platform.
8. Disclaimers and Limitation of Liability
8.1 Disclaimers
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The Platform is provided on an "as-is" and "as-available" basis. We make no representations or warranties of any kind, express or implied, regarding the Platform, including but not limited to its reliability, accuracy, or fitness for a particular purpose.
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We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any defects will be corrected.
8.2 Limitation of Liability
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To the maximum extent permitted by law, Clapp Technologies, LLC shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of or inability to use the Platform, even if we have been advised of the possibility of such damages.
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Our total liability to you for any damages arising out of or related to these Terms or your use of the Platform shall not exceed the amount you have paid to us in the twelve (12) months preceding the event giving rise to the liability.
9. Indemnification
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You agree to indemnify, defend, and hold harmless Clapp Technologies, LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:
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Your use of the Platform.
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Your violation of these Terms or any applicable law or regulation.
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Your infringement of any third-party rights, including intellectual property rights.
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10. Governing Law and Dispute Resolution
10.1 Governing Law
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These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
10.2 Dispute Resolution
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Any disputes arising out of or related to these Terms or the Platform shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the language of the arbitration shall be English.
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Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property or confidential information.
11. Changes to These Terms
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We reserve the right to modify or update these Terms at any time, with or without notice to you. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of such changes.
12. Miscellaneous
12.1 Entire Agreement
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These Terms, together with our Privacy Policy and any additional agreements you may enter into with us, constitute the entire agreement between you and Clapp Technologies, LLC regarding your use of the Platform and supersede any prior agreements or understandings, whether written or oral.
12.2 Severability
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If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect.
12.3 Waiver
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No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
12.4 Assignment
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You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
13. Contact Information
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If you have any questions or concerns about these Terms or the Platform, please contact us at:info@heybuzzly.com
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