Terms of Use
The SendBuzz site, software, app, or any public-facing piece of technology shall be referred to collectively as the “Platform”.
Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Platform. By accessing or using the Platform you agree to be subject to these Terms. If you disagree with any part of the Terms, then you may not access the Platform. By accepting and agreeing to these Terms, you also accept and agree to the Privacy Policy.
This is an agreement between SendBuzz, the owner and operator of www.sendbuzz.io and any services offered via the SendBuzz Platform and you (“you”, “your” or “user(s)”), a user of the Platform.
Throughout this Agreement, the words “SendBuzz”, “sendbuzz”, “us”, “we” and “our,” refer to our company, SendBuzz, as is appropriate in the context of the use of the words.
Login and Sign-up
Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. In order to complete your sign-up, we may require you to agree to Additional Agreements (defined below).
Upon sign-up SendBuzz and/or platform may assign you a username and password where required. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify SendBuzz immediately of any unauthorized use of your account or any other breach of security. SendBuzz will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by SendBuzz or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. All users must be over the age of 18 and have the legal capacity to enter into a binding agreement. We reserve the right to restrict or refuse sign-up for any users of the Platform for any reason whatsoever.
Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands.
Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.
Additional Agreements
In order to access some portions of the Platform or some services offered via the Platform, you may be required to agree and execute a services agreement or other relevant agreements (collectively “Additional Agreements”) as required by SendBuzz. The Additional Agreements should be read in conjunction with this Agreement and may obligate you to additional responsibilities when using the Platform. If you wish to learn more about any SendBuzz services, please contact us at [email protected].
Third-Party Links
The Platform may contain links to third-party web sites that are not owned or controlled by SendBuzz. SendBuzz has no control over and assumes no responsibility for/the content, privacy policies, or practices of any third party web sites. In addition, SendBuzz will not and cannot censor or edit the content of any third-party Platform. By using the Platform, you expressly relieve SendBuzz from any and all liability arising from your use of any third-party web site.
Your License
By accepting this Agreement, we grant you a personal, non-exclusive, revocable, limited license to access our Platform as provided by us. This license is subject to your compliance with this Agreement and any other Additional Agreements. Please be aware that this license does not grant you any ownership interest in any portions of the Platform or to any copyrighted content found on the Platform. Such copyrights and intellectual property rights are owned solely by SendBuzz or its third-party licensors. Subject to anything to the contrary in this Agreement or any other Additional Agreements, we may revoke your license to access the Platform at any time and without notice.
Your Conduct While Using the Platform
When accessing or using our Platform, you are solely responsible for your use and for any use of the SendBuzzPlatform made using your account. You agree to abide by the following rules of conduct: You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”; You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform; You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform; You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; You agree not to use the Platform to stalk, harass, bully or harm another individual; You agree that you will not hold SendBuzz responsible for your use of the Platform; You agree not to violate any requirements, procedures, policies or regulations of networks connected to SendBuzz; You agree not to interfere with or disrupt the Platform; You agree to not violate any federal or state laws within the US while using the Platform; and You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platforms, but SendBuzz reserves the right to suspend or terminate any account at any time without notice or explanation.
Your Content
Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images, or any other information will be referred to as “User Content” throughout this Agreement. You are solely responsible for any User Content submitted to the Platform.
When you submit any User Content to us, you grant SendBuzz, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, worldwide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. Additionally, you agree that SendBuzz may use User Content, in an aggregated form from which all personally identifiable information has been removed, for purposes of benchmarking system performance, preparing statistics and system metrics, marketing, and other purposes.
Intellectual Property
The name “SendBuzz,” the design of the SendBuzz Platform along with SendBuzz created text, writings, images, templates, scripts, graphics, interactive features, and the trademarks, marks, and logos contained therein (“Marks”), are owned by or licensed to SendBuzz. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. SendBuzz reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of anything contained within the Platform or Platform unless we have given you express written permission.
Payments
You agree that we may charge your selected method of payment at the time of checkout for any services offered on the Platform. Your credit card information will be shared with our third-party payment processor. By purchasing anything from our Platform you also agree to the terms and conditions of our third-party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us, and you must agree with our payment processor’s policies before paying for any portions of the Platform.
New Subscription:
SendBuzz Provides Full Refunds only for new Subscription within 7 days of Payment. Please reach out to [email protected] for a refund request with your order id.
(Renewals do not qualify for Refunds as Email reminder is sent out 7 days Prior to renewal date).
Monthly Payments
In order to use and access portions of the Platform, you may be required to pay a monthly fee as listed on the Platform. You agree to pay the monthly fee listed on the Platform upon sign-up. Please be aware that our fees are billed monthly.
YOU HEREBY AGREE AND AUTHORIZE US TO BILL YOU ON A MONTHLY BASIS AND AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY EACH MONTH.
SendBuzz will send an advance Email reminder of upcoming renewal payment as well.
Refund Policy
Before making any purchase, please take the time to test our Premium Trial plan and see if the service is convenient for you.SendBuzz or the platform has no obligation to refund the charges once the plan or package is paid. However, you can cancel your current subscription anytime you want.
If you remove your teammate from your team, please inform us so that we can adjust the upcoming renewal payments. No Refunds will be given for the current subscription period.
No refunds will be issued on offers and discounts.
Refund requests are accepted only under the following cases:
- Duplicate payment,
- Charges done by mistake after account cancellation,
We do provide a free 7 days Trial which will give you all the benefits of the Premium account which lets you use our services before committing to our paid services.
If you have any concerns please reach out to [email protected]
Upgrades
If you wish to Upgrade while one subscription is active, you can do so. The refund on prorata basis for the current subscription will be calculated by our team manually and will be refunded to your original payment method within 14 days.
If you upgrade from a quarterly plan you will be charged as per monthly subscription rates for the days you have used the services.
Termination
You may cancel your use of the Platform and any services offered at any time by contacting us at [email protected]. Please be aware that upon the termination of your account, access to portions of our Platform may become immediately disabled and any User Content stored on the Platform may be deleted immediately. Upon termination you will not be entitled to any refunds or proration of any fees paid except as stated in this Agreement.
We may terminate your account if we determine that:
- (1) you have violated any applicable laws while using our Platform;
- (2) if you have violated this Agreement or any other of our Platform policies;
- (3) after you have used any and all credits purchased via the Platform; or
- (4) if we believe that any of your actions may harm SenBuzz, at our sole decision or discretion.
- (5) your outreach campaigns are marked spam.
In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
Platform Disclaimer
Although we aim to provide you accurate data and content through the Platform, please be aware that our Platform and any information found within it are offered “as-is” and with all faults. While we strive to provide a great user experience for all of our users, SendBuzz assumes no responsibility for the temporary unavailability of the Platform or the timeliness, transport, outage, deletion, failure to deliver or failure to store/retrieve any user commands, data, communications, or personalization settings in connection with SendBuzz or the platform. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Platform will result in any benefits or positive results for you. Unless otherwise stated, you agree to release us from any liability that we may have in relation to your use of our Platform.
Usage Disclaimer
The use of the Services on other websites such as Linkedin.com and may not comply with their Terms Of Use and may lead to the restriction of your account on these websites. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
Limitation of Liability; Representations and Warranties
We try to keep our Platform safe, secure and properly functioning, but we cannot guarantee the continuous operation of or access to our Platform. You agree that you are making use of our Platform at your own risk and that they are being provided to you on an “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, freedom from viruses.
To the extent permitted by applicable law, we (including OUR officers, directors, agents, AFFILIATES and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of the Platform or any of its related services WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. WHERE ALLOWED OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED One-hundred dollars (USD) or the total amount you have paid to us within the past three months, whichever is greater. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:
(a) Death or personal injury caused by SendBuzz’s negligence or that of any of its officers, employees or agents;
(b) Fraudulent misrepresentation; or
(c) Any liability which it is not lawful to exclude either now or in the future.
Indemnity
You agree to defend, indemnify and hold harmless SendBuzz, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: your use of and access to the SendBuzz Platform; your violation of any term of this Agreement; or any claim that your use of the Platform harmed a third party.
This defense and indemnification obligation will survive this Agreement and your use of the SendBuzz Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
PS: The end-user is responsible for ensuring fair use of this product, is in accordance with any third party rules and regulations. Your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
Limitation Of Liability
In no event shall Half Pixel Gaming Solutions Pvt. Ltd, Intricare Technologies nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
SendBuzz is in no way affiliated or connected with any other organization or party. By using www.sendbuzz.io, you agree that Half Pixel Gaming Solutions Pvt Ltd., Intricare Technologies holds no responsibility for any losses or liabilities incurred, including the imposition of restrictions, penalties by third parties including platform providers like LinkedIn or any email providers.
Age Compliance
The Platform may only be used by persons 18 years and older. If you are under 18 please stop using our Platform and please do not submit any information to us.
Class Action Waiver
You and SendBuzz agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with SendBuzz are deemed to conflict with each other’s operation, you agree that SendBuzz shall have the sole right to elect which provision remains in force.
Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
Electronic Communications
The communications between you and SendBuzz use electronic means, whether you visit the Platform or send SendBuzz e-mails, or whether SendBuzz posts notices on the Platform or communicates with you via email. For contractual purposes, you (1) consent to receive communications from SendBuzz in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that SendBuzz provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Last Updated on January 27, 2023.