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Terms of Use

Welcome to Bizzy, the website, application, and online service of JCKM, Inc. (“Bizzy,” “we,” or “us“). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the “Service“). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this agreement, to the collection and use of your information as set forth in our Privacy Policy, as well as any other guidelines or documents we may make available to you (all such documents, including this Agreement and the Privacy Policy, collectively, the “Agreement“), whether or not you are a registered user of our Service. Bizzy reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all users who access or use the Service (“Users”).

1) Eligibility

In order to use Bizzy, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the registration process;
  3. agree to the Terms; and
  4. provide true, complete, and up to date contact information.

By using Bizzy, you represent and warrant that you meet all the requirements listed above, and that you won’t use Bizzy in a way that violates any laws or regulations. Bizzy may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Term

The Term begins when you sign up for Bizzy and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Bizzy on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or Bizzy may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Bizzy. We may change the Website, the Service, or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

6. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact information listed for that account.

7. Monthly Plans

Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the "Pay Date"). If you go over your sending limit and reach another pricing level, then you'll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.

8. Credit Cards

As long as you’re a User or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed. Sorry, we don’t accept T-shirts or other forms of barter at this time.

9. Refunds

We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that's not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a User applies for one based on the requirements posted on the Website.

10. Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

11. Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the software used to provide Bizzy (proprietary rights include patents, trademarks, service marks, and copyrights).

12. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

13. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

14. Right to Review Email Campaigns

We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Users who violate these Terms or laws. We study data internally to make our tool smarter and create better experiences for senders and subscribers.

15. General Rules

You promise to follow these rules:

  1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
  2. You won’t use purchased, rented, or third-party lists of email addresses.

If you violate any of these rules, then we may suspend or terminate your account.

16. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Bizzy user, we want to hear about it. Please report it to [email protected] If you think anyone has posted material that violates any copyrights, please notify us at [email protected]

17. Bandwidth Abuse/Throttling

You may only use our bandwidth for your Bizzy emails. We provide image hosting only for your email campaigns. You may not host images on our servers for anything other than your email campaigns. We may throttle your sending or connection through our API at our discretion.

18. Compliance with Laws

You represent and warrant that your use of Bizzy will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements. If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Bizzy, and collecting information as a result of sending Emails, you:

  1. Will clearly describe in writing how you plan to use any data collected, including for your use of Bizzy. You’ll get express consent to transfer data to Bizzy as part of this process, and you’ll otherwise comply with whatever privacy policy you have posted.
  2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Bizzy.
  3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Bizzy to receive and process data and send communications to that individual on your behalf.
  4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties..

19. U.S. Export Controls

The software that supports the Services (the "Software") is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.

20. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

21. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

22. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

23. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

24. Liquidated Damages

In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:

  1. If you send emails that violate anti-Spam laws, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than $900.
  2. If you host images for anything other than your Emails, or use our resources in any way that’s not permitted by these Terms, then the liquidated damages will be four times the amount you paid us over the past 12 months, but not less than $720.
  3. If you don’t pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than $540 plus the amount owed.

25. Equitable Relief

If you violate these Terms then we may seek injunctive relief or other equitable relief.

26. Subpoena Fees

If we have to provide information in response to a subpoena elated to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

27. Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Users.

28. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

29. Choice of Law

The State of California’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in San Francisco, California, and each party will be subject to the jurisdiction of those courts.

30. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

31. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

32. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

33. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

34. No Changes in Terms at Request of User

We cannot change these Terms for any one User or group.

35. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

36. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your Email distribution lists (each a "List"), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do it.

37. Notices

Any notice to you will be effective when we send it to the last email you gave us or posted on our Website. Any notice to us will be effective when delivered to us: PO Box 20556, Stanford, CA 94309, or any addresses as we may later post on the Website.

38. Entire Agreement

These Terms, our Privacy Policy, and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.

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