THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND Busibud Inc. (hereinafter “Busibud”) GOVERNING YOUR USE OF BUSIBUD SOFTWARE (hereinafter “Busibud Service(s)”).
This Agreement was last updated on July 10, 2014. It is effective between you and Busibud as of the date you accepted this Agreement (the “Effective Date”).
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of Busibud’s Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service.
Plans
The use of Account is subject to a Fee.
The Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties.
All Fees are non-refundable, i.e. there are no refunds or credits available for periods where the Client did not use an activated Account, used it only partially, replaced the current Plan with a new Plan or deactivated the Account or terminated the Agreement during an ongoing payment interval.
All Fees are exclusive of all taxes, levies or duties applicable under any legal acts or imposed by tax authorities, unless stated otherwise in the Agreement. Payment of such taxes, levies or duties is the responsibility of the Client.
Any Client has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Applicable Supplier. In such an event, the Client’s credit card on file with the Applicable Supplier will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.
Downgrading of the current Plan may cause the loss of features or capacity of the Account.
When the Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the Client is required to select a suitable Plan and pay the first Fee. If the Client does not pay the first Fee within 2 weeks as of the expiry of the Free Trial, the Suppliers have the right to permanently delete the Account, including all Client Data therein.
In addition to the current collection of Plans, the Applicable Supplier may offer special discounts and motivation schemes (for example finder’s fees etc).
Busibud does not guarantee that the Service will be operable at all the times or during down time, including but not limited to Internet Service Provider outages , equipment failures, scheduled maintenance or force majeure conditions.
You acknowledge and agree that Busibud may, in its sole discretion, at any time terminate or suspend your access to all or part of the Service with or without notice and for any reason, including, without limitation, breach of these Terms . Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account.
Payment
Busibud may seek pre-authorization of your credit card account prior to your purchase of Busibud Services in order to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You authorize such credit card account to pay any amounts described herein, and authorize Busibud to charge all sums described in these Terms to such credit card account. You agree to provide Busibud updated information regarding your credit card account upon the Busibud’s request and any time the information earlier provided is no longer valid.
Warranties and Disclaimers
(a) Authority. Each party represents and warrants that it has the legal power to enter into this Agreement.
(b) Functionality Warranty. Busibud warrants that Busibud Services will operate in substantial conformity with the then current version of the applicable documentation provided by Busibud.
(c) Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE BUSIBUD SERVICE IS PROVIDED “AS-IS,” AND BUSIBUD DISCLAIMS WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION THE CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY LAW. Busibud does not warrant that the functions contained in the Busibud Service will meet Your requirements or that the operation of the Busibud Service will be uninterrupted or error-free. Further, Busibud does not warrant that all errors in the Busibud Service can or will be corrected. Busibud will not be responsible for any loss of Your Data or inability to perform certain tasks resulting from Your decision to downgrade your Subscription.
Limitation of Liability
(a) Limitation of Liability. NEITHER YOU NOR BUSIBUD, NOR Busibud’s RESPECTIVE SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, IN EXCESS OF THE TOTAL FEES AND CHARGES PAID BY YOU FOR YOUR SUBSCRIPTION.
(b) Exclusion of Consequential and Related Damages. YOU AND BUSIBUD AGREE THAT THE CONSIDERATION PAID UNDER THIS AGREEMENT DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST PROFITS OR REVENUE.
(c) the limitations of liability provided above shall not apply to any indemnification provided by You or Busibud hereunder.
(d) Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation set forth in this section may not apply to You.
(e) No action against either party arising out of this Agreement may be brought by the other party more than one (1) year after the cause of action has arisen.
Your Data
In order to use our Busibud Services you may link a 3rd party email account to your Busibud Services account. With your permission (which you are granting by using the Services), Busibud will create and update versions of your address book and emails for you to access using the Busibud Services. You will also have the option to import and update versions of your calendar, social media contacts, and mobile phone call history, and you can later choose to upload files to or provide comments through the Busibud Services. This data, along with any electronic data and information submitted by or for you to the Busibud Services, including electronic data and information submitted by or for you through your use of third party applications, or collected and processed by or for you using the Busibud Services (excluding information obtained by Busibud from Busibud’s content licensors or publicly available sources and provided to you, or otherwise provided by Busibud to you in connection with the Busibud Services) is referred to as “Your Data.” You retain full ownership to Your Data. Busibud do not claim any ownership to any of it. You grant Busibud a worldwide, perpetual license to host, copy, transmit and display Your Data as necessary for Busibud to provide the Busibud Services in accordance with these Terms. You also grant to Busibud a royalty-free, perpetual, worldwide, transferable, sublicensable license to transfer Your Data to third party service providers used by Busibud in providing the Busibud Services.
You are solely responsible for your conduct, the content of Your Data and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have all rights and permissions needed to comply with these Terms and to avoid infringement or violation of any rights of others. You will be responsible for your users’ compliance with these Terms and will use commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify Busibud promptly of any such unauthorized access or use.
You acknowledge that Busibud has no obligation to monitor any information on the Services and that Busibud are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content you may be able to access using the Services.
If you install or enable any third-party application for use with the Busibud Service (e.g., Google, Facebook), you grant Busibud permission to allow the provider of that application to access Your Data as required for the interoperation of that third-party application with the Busibud Service. Busibud is not responsible for any disclosure, modification or deletion of Your Data resulting from access by a third-party application.
Sharing Your Data and Your Privacy
If you choose to share Your Data, Busibud cannot be responsible for what those other users do with Your Data, so please carefully consider what you share and with whom you share it.
Modification of Terms of Service
Busibud may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on Busibud’s website. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
Inactive User Accounts Policy
Busibud reserves the right to terminate unpaid user accounts that are inactive for a continuous period of 30 days. In the event of such termination, all data associated with such user account will be deleted. Busibud will provide you prior notice of such termination. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. Busibud reserves the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Busibud may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.