TERMS OF USE

Last updated: October 2025

1. RIGHTS AND OBLIGATIONS OF THE CLIENT

Client's Unauthorized Access

The Client shall take all reasonable measures to ensure information transmitted to or from Buzznic servers is secure and shall not authorize unauthorized third-party access. The Client may authorize personnel to use the Solution and must ensure such personnel follow reasonable security measures. Any default by authorized personnel shall be deemed a default by the Client.

Client Compliance with Law

The Client shall obtain all necessary approvals, licenses, or permissions under applicable U.S. federal, state, or local laws for utilizing the Solution. The Client is solely liable for any non-compliance or default by its personnel or agents.

Client Cooperation

The Client shall cooperate with Buzznic for any required integration and provide access to its systems and computing platforms as needed.

Trial Period & Use of Credits

The Client may receive trial or promotional credits for initial use of the Solution. The rights and obligations under these Terms of Use apply during any trial period.

2. FEES AND PAYMENT (Prepaid Model)

Prepaid Credits

Access to Buzznic requires pre-purchased credits. Campaigns can only be sent if sufficient credits are available.

Trial, Free, and Promotional Credits

Free or promotional credits may be provided at the start or during campaigns. Such credits cannot be refunded, transferred, or redeemed for cash and are subject to expiration according to Buzznic policies.

Wallet / Account Balance

The Client is responsible for maintaining a sufficient balance of credits. Expired or unused credits will lapse and cannot be reinstated.

Taxes

All fees are exclusive of applicable taxes, which the Client shall bear and comply with.

3. LICENSE AND USE OF SOLUTION

Buzznic grants the Client a limited, non-exclusive, revocable, non-transferable license to access and use the Solution on a prepaid subscription basis.

The Client may only use the Solution for internal business operations and may not:

  • License, sublicense, sell, transfer, or commercially exploit the Solution.
  • Circumvent security features or modify the Solution.
  • Reverse engineer or create derivative works.
  • Use the Solution beyond the authorized internal purposes.

Buzznic Data & Integrations

  • Client Data will be stored securely on Buzznic's platform.
  • Inbox Dashboard allows the Client to send and receive messages within Buzznic.
  • Buzznic may provide early access to beta products on an "as-is" basis.

SIM/Phone Responsibility

The Client must maintain access to any registered SIMs used with Buzznic integrations and ensure availability in emergencies.

4. CONFIDENTIALITY

Definition

"Confidential Information" includes all proprietary information shared between the Parties, except information that is public, already known, or independently developed.

Obligations

Each Party shall:

  • Use reasonable care to protect confidential information.
  • Use the information solely to perform obligations under these Terms of Use.
  • Restrict disclosure to employees, agents, or subcontractors with a need to know and a duty to protect confidentiality.
  • Notify the other Party immediately in case of any breach.

Required Disclosure

Disclosure may be made if required by law, court order, or governmental agency, with prior notice to the disclosing Party if possible.

Equitable Relief

Breach of confidentiality may cause irreparable harm, and the disclosing Party may seek injunctive relief in addition to other remedies.

5. TERMINATION

By Client

The Client may terminate during the trial period or by notifying Buzznic if they do not wish to auto-renew.

Effect of Termination

  • Client access to the Solution ceases immediately.
  • All prepaid credits remain the property of Buzznic.
  • All Confidential Information and materials must be destroyed, subject to any automatic archiving/backups.

6. SERVICE LEVELS (SLA)

Target Availability

Buzznic will use commercially reasonable efforts to maintain 95% uptime.

Exclusions

Downtime due to unauthorized use, internet problems, client infrastructure, third-party systems, or scheduled/emergency maintenance is excluded.

Remedy

Verified failures to meet SLA for two consecutive months allow the Client to terminate and receive a refund for prepaid credits used for the affected period.

7. THIRD PARTY APPLICATIONS

  • Use of third-party applications or integrations is at the Client's sole risk.
  • Buzznic is not responsible for the availability, content, or quality of third-party services.
  • Client consents to third-party terms and privacy policies where applicable.

8. DATA PROTECTION & PRIVACY

  • Client is responsible for obtaining user consents under applicable data protection laws.
  • Client maintains records of consents and is liable for insufficient or inaccurate consents.
  • Buzznic will only process personal data as necessary for providing the Solution.
  • Both Parties must comply with applicable data privacy laws and maintain reasonable security practices.
  • Data shared via Buzznic integrations may reside on cloud infrastructure; data localization is not offered.

9. DISCLAIMERS OF WARRANTIES

  • The Solution is provided "as-is" without warranty of uninterrupted, error-free, or secure service.
  • Buzznic is not liable for data loss, errors, interruptions, viruses, or communication failures.

10. INDEMNITY

Client Indemnity

The Client indemnifies Buzznic against losses from breach of obligations, warranties, or IP infringement.

Company Indemnity

Buzznic indemnifies the Client against third-party claims arising from provision of the Solution.

11. LIMITATION OF LIABILITY

  • Neither Party is liable for indirect, incidental, or consequential damages.
  • Maximum liability of Buzznic to the Client is limited to the prepaid credits purchased in the twelve months preceding a claim.

12. INTELLECTUAL PROPERTY RIGHTS

All IP in the Solution remains with Buzznic. The Client gains no ownership rights and shall not contest Buzznic IP. Use of third-party IP is the Client's responsibility.

13. INDEPENDENT CONTRACTOR

The Parties are independent contractors and may not bind or represent each other.

14. GOVERNING LAW, ARBITRATION & JURISDICTION

  • These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
  • Disputes shall first be resolved amicably within thirty (30) days.
  • If unresolved, disputes will be submitted to binding arbitration in accordance with the American Arbitration Association (AAA) rules.
  • Venue shall be Delaware, USA, and each Party waives any objection to jurisdiction or venue.

15. PUBLICITY

Buzznic may use the Client's logo, name, and performance metrics for marketing purposes with perpetual, worldwide, royalty-free license.

16. FORCE MAJEURE

Neither Party is liable for failures due to events beyond control (e.g., natural disasters, labor strikes, acts of government). If such events delay performance by 15 consecutive days, Parties may mutually terminate without further liability, except for prepaid credits used.

17. CONTACT DETAILS

Email: hello@buzznic.com

18. SURVIVAL, SEVERABILITY, WAIVER & ASSIGNMENT

  • Rights and obligations that naturally survive termination remain in effect.
  • Invalid or unenforceable provisions do not affect the remaining terms.
  • Waiver of any right does not constitute a waiver of other rights.
  • Buzznic may assign these Terms at its discretion; Client may not assign without prior written consent.