Terms & Conditions

TERMS AND CONDITIONS FOR BUZZLY AI

Last Updated: December 31, 2024

 

Welcome to Buzzly AI, owned by Clapp Technologies, LLC, an innovative platform for AI-driven marketing, automation, and WhatsApp engagement solutions. These Terms and Conditions (“Terms”) govern your access to and use of our website, services, applications, and software (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not access or use the Service.
 

1. Acceptance of Terms

 

By accessing or using the Service, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms.

• You agree to the Privacy Policy and any additional policies or guidelines we may provide from time to time.

 

If you do not agree to any part of these Terms, do not use the Service.
 

2. Eligibility

 

You must be at least 16 years old to use the Service. By agreeing to these Terms, you represent that:

1. You are at least 16 years of age.

2. You have not been previously suspended or removed from the Service.

3. Your use of the Service complies with all applicable laws and regulations.

 

If you are using the Service on behalf of a company or other legal entity, you must have the authority to bind that entity to these Terms.
 

3. Account Registration and Security

 

To access most features of the Service, you may need to create an account. You agree to:

1. Provide accurate, current, and complete information when creating your account.

2. Maintain and promptly update your account information to keep it accurate and complete.

3. Keep your account credentials secure.

4. Notify us immediately if you suspect any unauthorized use of your account or any security breach.

 

You are responsible for all activities that occur under your account.
 

4. Description of the Service

 

Buzzly AI provides various AI-driven solutions, including but not limited to:

• WhatsApp Automation Agents with subscription-based messaging packages (e.g., Starter Plan, Growth Plan, etc.).

• AI tools for marketing, customer engagement, and lead generation.

• Dashboards and analytics to manage and monitor your campaigns.

 

The Service may evolve over time. We reserve the right to modify, update, or discontinue any feature, product, or plan without prior notice.
 

5. Use of the Service

 

5.1 License

 

We grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Service for your personal or business purposes, subject to these Terms.

 

5.2 Restrictions

 

You agree not to:

• Use the Service for any illegal purpose or in violation of any law or regulation.

• Attempt to access or search the Service through means other than our publicly supported interfaces.

• Use any automated system to send requests to our servers, except via authorized APIs or as otherwise permitted.

• Interfere with or disrupt the integrity or performance of the Service.

• Attempt to reverse engineer, decompile, or disassemble any part of the Service.

• Use the Service to develop or market competing products or services.

• Violate any terms or policies of third-party platforms (such as WhatsApp) to which the Service connects.

 

5.3 Compliance with Third-Party Policies

 

The Service may rely on or integrate with third-party platforms (e.g., WhatsApp). Your use of those platforms, facilitated by the Service, must comply with all applicable third-party terms and policies. Buzzly AI is not responsible for any actions taken by these third-party services against you for violating their terms.
 

6. Intellectual Property

 

All rights, title, and interest in and to the Service— including trademarks, copyrights, patents, trade secrets, or other intellectual property rights—remain the exclusive property of Buzzly AI or its licensors. No rights are granted to you under these Terms other than those expressly stated.

7. User Content

 

7.1 Rights

 

You retain all rights in the content you create, upload, or share through the Service (“User Content”). You alone are responsible for such content.

 

7.2 License to Buzzly AI

 

By posting User Content, you grant Buzzly AI a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform your User Content in connection with the operation, promotion, and improvement of the Service.

 

7.3 Prohibited Content

 

You agree not to post User Content that:

• Is unlawful, harmful, threatening, harassing, defamatory, obscene, hateful, or otherwise objectionable.

• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

• Contains viruses, malware, or other harmful code.

8. Subscription Services and Billing

 

8.1 Subscription Plans

 

Buzzly AI offers various subscription plans (e.g., WhatsApp Automation Agents, “Starter Plan,” “Growth Plan,” etc.) with different features and usage limits (such as monthly message quotas). Details are provided in plan descriptions.

 

8.2 Billing and Payment
 

• By subscribing, you authorize Buzzly AI (or its payment processor) to charge your payment method on a recurring basis for the subscription fee.

• Subscription fees are charged in advance and may be non-refundable except as stated in these Terms or in plan-specific policies.

• If your plan includes monthly message quotas or other usage limits, exceeding them may incur additional charges per plan terms.

 

8.3 Trial Period
 

• We may offer trial periods for certain subscription plans.

• During a paid trial, you may opt out at any time before the trial ends.

• If you opt out, we will refund the unused portion of paid credits, provided you have used at least 50% of those credits during the trial.

• Paid trials are only available for the first billing cycle. Beyond that, standard subscription terms apply.

 

8.4 Cancellation
 

• You must cancel your subscription before it renews to avoid billing for the next subscription period.

• If you cancel mid-term, your subscription will remain active until the end of the current billing cycle, unless otherwise specified in a plan-specific agreement.
 

9. Termination

 

We may suspend or terminate your access to the Service at our discretion, including for:

• Breach of these Terms.

• Any suspected fraudulent, abusive, or illegal activity.

 

Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Provisions in these Terms which by their nature should survive termination will remain in effect (e.g., limitations of liability, disclaimers, indemnification).
 

10. Disclaimer of Warranties

 

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BUZZLY AI MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE, NOR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
 

11. Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY LAW, BUZZLY AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, RESULTING FROM:

1. YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE;

2. ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;

3. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

 

IN NO EVENT SHALL BUZZLY AI’S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SERVICE DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.
 

12. Indemnification

 

You agree to defend, indemnify, and hold harmless Buzzly AI, its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of:

1. Your use or misuse of the Service.

2. Your User Content.

3. Your violation of these Terms or of any law or regulation.

4. Your infringement of any third-party right, including intellectual property or privacy rights.
 

13. Governing Law

 

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved in the state or federal courts located in Delaware, and you consent to the jurisdiction of those courts.
 

14. Changes to These Terms

 

We reserve the right to modify or replace these Terms at our sole discretion. If a revision is material, we will provide at least 30 days’ notice before new terms take effect. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the updated Terms.

15. Contact Information

 

If you have any questions or concerns about these Terms or the Service, please contact us at:

 

Buzzly AI (Clapp Technologies, LLC)

Email: info@heybuzzly.ai

By using the Service, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. If you do not agree, you must stop using the Service immediately.