Terms of service

Last updated on: April 2, 2019

By signing up with Buzzie and using the service of initiating or receiving phone calls  ("the Service") provided by NerdyLotus LLC (DBA as “Buzzie”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

You can review the current version of the Terms of Service at any time at http://buzzie.me/legal/terms. Buzzie reserves the right to update and change the Terms of Service by posting updates and changes to the Buzzie website (https://buzzie.me). You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including Privacy Policy, and, if applicable, Data Processing Addendum (“DPA”) before you may install the App or sign up for the serivce.

Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Buzzie or any Buzzie services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Privacy Policy before you may install the App and/or use the Service.

  1. To access and use the Service, you must sign up for a Buzzie account and if accessing the app on Shopify, install the App in accordance to the instructions provided within the App.
  2. You acknowledge that Buzzie will use the email address you provide as the primary method for communication.
  3. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Buzzie will result in an immediate termination of your services.
  4. Technical support is only provided to paying Account holders and is only available via email.
  5. You acknowledge and agree that Buzzie may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Buzzie’s website, available at http:/buzzie.me/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Buzzie’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  6. You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of United States of America. You will comply with all applicable laws, rules and regulations in your use of the Service.
  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the App or Service, use of the App or Service, or access to the App or Service without the express written permission by Buzzie.
  8. Questions about the Terms of Service should be sent to hello@buzzie.me.
  9. You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Buzzie, is governed by its privacy policy at https://buzzie.me/legal/privacy

WHICH MEANS

If a dispute arises the issue will be dealt with in United States. Remember that with any violation of these terms we will cancel your service. If we need to reach you, we will send you an email.

2. Buzzie Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Buzzie customer, Buzzie employee, member, or officer will result in immediate Account termination.
  4. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.

WHICH MEANS

We can modify, cancel or refuse the service at anytime.

3. Limitation of Liability

  1. You expressly understand and agree that Buzzie shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall Buzzie be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Service or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Buzzie  partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. Buzzie does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Buzzie does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. Buzzie does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties.

4. Waiver and Complete Agreement

The failure of Buzzie to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Buzzie and govern your use of the Service, superseding any prior agreements between you and Buzzie (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS

If Buzzie chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Buzzie don’t apply if they conflict with these terms.

5. Payment of Fees

  1. Our Service is based on a pay-as-you-go pricing model. Businesses do not need to subscribe to the service and pay a monthly fee, they will be charged only when the Service is provided by Buzzie.
  2. Buzzie can provide refunds upon request, but it will be limited to the monetary value of pre-paid credits purchased and not used. The refund value will not include the monetary value of credits which are offered for free. Please contact Shopify support as well when requesting a refund, Shopify support is processing the refunds.

WHICH MEANS

You are only paying for work actually delivered. You can pre-pay or setup a monthly maximum budget. We offer refunds under specific terms.

6. Cancellation and Termination

  1. You may cancel the Service by uninstalling the App, or by discontinuing to use the service.
  2. Upon termination of the Services by either party for any reason, Buzzie will cease providing you with the Service and you will no longer be able to access your Account within the app.
  3. We reserve the right to modify or terminate the Buzzie Service for any reason, without notice at any time.

WHICH MEANS

To initiate a cancellation, uninstall the App or, discontinue using the Service. We may cancel the Service at any time.

7. Modifications to the Service and Prices

  1. Prices for using the Service are subject to change upon 7 days’ notice from Buzzie. Such notice may be provided at any time by posting the changes to the Buzzie Site (buzzie.me) or the administration menu of your Buzzie store via an announcement.
  2. Buzzie reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. Buzzie  shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WHICH MEANS

We may change or discontinue the service at anytime, without liability.

8. Privacy & Data Protection

Buzzie is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Buzzie’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Buzzie’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

WHICH MEANS

Buzzie’s use and collection of personal information is governed by our Privacy Policy. Additionally, if you or your customers are located in Europe, Buzzie’s use and collection of European personal information is further governed by our Data Processing Addendum.

Contact: help@nerdylotus.co

Data Processing Addendum

This Data Processing Addendum (“Addendum”) amends the Terms of Service (the “Agreement”) by and between you and Nerdy Lotus, DBA Buzzie (“Buzzie”).

Definitions

(a) “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);

(b) “Data Processor”, “Data Subject”, “Processor”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with applicable Data Protection Legislation;

(c) “Personal Data” as used in this Addendum means information relating to an identifiable or identified Data Subject who visits or engages in transactions through your store (a “Customer”), which Buzzie Processes as a Data Processor in the course of providing you with the Services; and

(d) All other capitalized terms in this Addendum shall have the same definition as in the Agreement.

Data Protection

2.1. As part of providing the Services, this Personal Data may be transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.

2.2. When Buzzie Processes Personal Data in the course of providing the Services, Buzzie will:

2.2.1. Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If Buzzie is required by law to Process the Personal Data for any other purpose, Buzzie will provide you with prior notice of this requirement, unless Buzzie is prohibited by law from providing such notice;

2.2.2. notify you if, in Buzzie’s opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;

2.2.3. notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Buzzie’s Processing of the Personal Data;

2.2.4. implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;

2.2.5. provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Buzzie’s data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance with the terms of this Addendum;

2.2.6. notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;

2.2.7. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and

2.2.8. upon termination of the Agreement, Buzzie will promptly initiate its purge process to delete or anonymize the Personal Data. If you request a copy of such Personal Data within 60 days of termination, Buzzie will provide you with a copy of such Personal Data.

2.3 In the course of providing the Services,you acknowledge and agree that Buzzie may use Subprocessors to Process the Personal Data. Buzzie’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Shopify and Subprocessor.

Miscellaneous

3.1 In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Buzzie may amend this Addendum from time to time by posting the relevant amended and restated Addendum on Buzzie’s website, available at https://buzzie.me/legal/dpa and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to Buzzie’s website constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service.

3.2 Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.

3.3 The terms of this Addendum shall be governed by and interpreted in accordance with the laws of United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of United States with respect to any dispute or claim arising out of or in connection with this Addendum.

CONTACT:

# Data Processing Addendum

This Data Processing Addendum (“Addendum”) amends the Terms of Service (the “Agreement”) by and between you and Nerdy Lotus, DBA Buzzie (“Buzzie”).

Definitions

(a) “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);

(b) “Data Processor”, “Data Subject”, “Processor”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with applicable Data Protection Legislation;

(c) “Personal Data” as used in this Addendum means information relating to an identifiable or identified Data Subject who visits or engages in transactions through your store (a “Customer”), which Buzzie Processes as a Data Processor in the course of providing you with the Services; and

(d) All other capitalized terms in this Addendum shall have the same definition as in the Agreement.

Data Protection

2.1. As part of providing the Services, this Personal Data may be transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.

2.2. When Buzzie Processes Personal Data in the course of providing the Services, Buzzie will:

2.2.1. Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If Buzzie is required by law to Process the Personal Data for any other purpose, Buzzie will provide you with prior notice of this requirement, unless Buzzie is prohibited by law from providing such notice;

2.2.2. notify you if, in Buzzie’s opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;

2.2.3. notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Buzzie’s Processing of the Personal Data;

2.2.4. implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;

2.2.5. provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Buzzie’s data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance with the terms of this Addendum;

2.2.6. notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;

2.2.7. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and

2.2.8. upon termination of the Agreement, Buzzie will promptly initiate its purge process to delete or anonymize the Personal Data. If you request a copy of such Personal Data within 60 days of termination, Buzzie will provide you with a copy of such Personal Data.

2.3 In the course of providing the Services,you acknowledge and agree that Buzzie may use Subprocessors to Process the Personal Data. Buzzie’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Shopify and Subprocessor.

Miscellaneous

3.1 In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Buzzie may amend this Addendum from time to time by posting the relevant amended and restated Addendum on Buzzie’s website, available at https://buzzie.me/legal/dpa and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to Buzzie’s website constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service.

3.2 Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.

3.3 The terms of this Addendum shall be governed by and interpreted in accordance with the laws of United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of United States with respect to any dispute or claim arising out of or in connection with this Addendum.

Contact: help@nerdylotus.co