buz | Terms of Use

Effective as of 8 November 2024


These Terms of Use ("Terms"), together with the Privacy Policy and any and all agreements referred to in the Terms (collectively, the "End-User License Agreement" or "EULA"), governs your access to or use of our mobile application "Buz" and/or our website at https://www.buz.ai (collectively, the "Services") owned and operated by BUZ TECHNOLOGY PTE. LTD. ("we or "us"). In these Terms, "you" or "your" means any individual end user accessing and using the Services and hereby agreeing to the EULA.

PLEASE READ THESE TERMS CAREFULLY. By downloading, installing, registering an account, accessing or using Buz, you agree to and are legally bound by the EULA. If you do not agree to the EULA, please do not download, install, register an account, access or use (or continue to access or use) Buz. You must promptly delete the app from any mobile device in your possession or under your control.

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these Terms periodically for changes. Where required, we endeavour to notify you of material changes to these Terms when you next access Buz. Your continued use of our Services following the posting of changes to the Terms or any notification to you shall mean you accept those changes.

These Terms shall set forth the terms and conditions pursuant to which you can use Buz. The use of Buz is also subject to the terms and conditions of the app stores where you downloaded Buz and your mobile network operator as well as applicable laws of your country or jurisdiction of residence.

Please note that the EULA is concluded between you and us only. However, the app store and its subsidiaries are third party beneficiaries which may have the right to enforce the terms of this EULA against you.

If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action (where applicable).

1. Our Services

  1. Buz is a simple, secure, reliable and audio-based messaging app which allows you to communicate with people even when your mobile device is locked. It also allows you to send text messages or upload pictures. You may even chat with AI Characters in the Buz app
  2. The version of the Buz app may be upgraded from time to time to add support for new functions and features. You agree to always use the latest version as soon as practicable. We reserve the right to change the content and features of Buz from time to time, at our discretion, with or without notice. We may suspend access to the Buz app, or discontinue some or all Services, including some features of Buz and the technical support for certain devices and platforms, at any time; and we shall not be liable to you for any losses you may suffer.
  3. In order to allow you to access and use our Services, we need to perform scheduled or unscheduled repairs and maintenance. We endeavour to give you notice as soon as practicable. If such situations cause an interruption of your access to or usage of Buz for a reasonable duration, we shall not bear any liability to you and/or to any third parties. Additionally, please note that the app store is not obligated to provide any maintenance, technical or other support for Buz.

2. Account, Eligibility and Notice to Parents

  1. If our Services allow you or require you to provide registration information and create an account, these Terms also govern your account. Our Buz app may also support third party sign-ups / log-ins such as via Google, Facebook or Apple. Your consent must be given to enable such sign-ups/log-ins. You shall, at all times, provide only true, current and accurate information when you create your account or provide us with the required information. You agree to update your registration information to keep it accurate and current. We may ask you to confirm your registration information (such as your email address) to continue using the Services. In order for you to use (continue to) the Services and/or for us to accommodate certain requests by you, we may require you to confirm your registration information (such as your email address) or verify your identity by sending a verification code to a phone number or email address and/or by requesting reasonable documentation.
  2. When you choose a username or otherwise create a nickname, you agree not to use any name that is unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist, or any name that infringes or violates another person's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
  3. You will not share your account or your registration information, and you will not let anyone else access your account. You are the sole and exclusive guardian of any password that you may use to access the Service. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of your registration information, you must immediately notify us and modify your registration information. We recognise the owner of the mobile device's phone number on your Buz account as the sole owner of that Buz account. You are solely responsible for maintaining the confidentiality of your registration information, and you will be responsible for all uses of your registration information, including all transactions, conduct and activities undertaken by means of your Buz account, whether or not authorized by you. You shall notify us immediately and confirm in writing any unauthorized use of your account.
  4. By downloading, installing and/or registering an account with Buz, you represent and warrant to us that:
    1. you are of minimum age to use Buz (at least 13 years old or such greater age as required by the local regulatory requirements or the app stores) ("Minimum Age");
    2. if you are of Minimum Age but under 18 years old or such greater age required in your country or jurisdiction of residence for you to be authorised to use Buz without parental or guardian approval ("Age of Legal Majority"), you have obtained permission from your parent or guardian to use Buz. If you are not of age to have authority or capacity to agree to our EULA, your parent or guardian must consent to the EULA on your behalf. Please ask your parent or guardian to read these Terms with and to you;
    3. you have not previously been suspended or removed from Buz or the app store;
    4. you are not located in a region that is subject to any government embargo, or that has been designated by any government as a "terrorist supporting" region;
    5. you are not listed on any government's list of prohibited or restricted parties; and
    6. your downloading, installation, registration, access to and/or use of Buz is in compliance with any and all applicable laws and regulations.
  5. BY GRANTING YOUR CHILD THE APPROVAL TO DOWNLOAD, INSTALL, USE, ACCESS, REGISTER AN BUZ ACCOUNT, YOU HEREBY AGREE TO THE EULA ON BEHALF OF YOUR CHILD. YOU ARE RESPONSIBLE FOR EXERCISING SUPERVISION OVER YOUR CHILD'S USAGE OF BUZ. IF YOU DO NOT AGREE TO THE EULA, PLEASE DO NOT LET YOUR CHILD USE OR CONTINUE TO USE BUZ. IF YOUR CHILD DID NOT SEEK YOUR PRIOR CONSENT TO USE BUZ, PLEASE STOP YOUR CHILD FROM USING BUZ AND CONTACT US AT [email protected] IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 13 (OR SUCH GREATER AGE REQUIRED IN YOUR COUNTRY OR JURISDICTION OF RESIDENCE FOR THE CHILD TO USE BUZ WITHOUT PARENTAL OR GUARDIAN APPROVAL), PLEASE STOP YOUR CHILD FROM USING BUZ AND CONTACT US AT [email protected]
  6. CALIFORNIA MINORS HAVE PARTICULAR RIGHTS TO HAVE CERTAIN CONTENT ABOUT THEM THAT THEY HAVE THEMSELVES POSTED ON THE SERVICES, AS OUTLINED IN SECTION 10 BELOW.

3. License

  1. Subject to your complete and ongoing compliance with the EULA, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to:
    1. install and use one object code copy of any mobile application associated with the Buz app obtained from a legitimate marketplace on a mobile device that you own or control; and
    2. access and use the Services.
  2. When exercising your rights under the license, you agree to use the Services for personal and non-commercial use and, above all, fairly and lawfully. If you are prohibited under any applicable law from using the Service, you may not use it.
  3. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. Your license does not allow you to:
    1. reproduce, distribute, publicly display, or publicly perform the Services;
    2. make a copy, rent, lease, loan, resell, sublicense, distribute or otherwise transfer the license granted to you in the Services or any Materials or any right or ability to view, access, or use any Materials; and
    3. access or use the Services in violation of any usage restrictions or other limitations associated with the Services or features you have selected to access.
  4. NO RIGHTS ARE LICENSED TO YOU WITH RESPECT TO THE EMOJIS (INCLUDING VOICE EMOJIS) AND ANY SOUND, SOUND RECORDINGS, AUDIO, AUDIO RECORDINGS AND/OR MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE TO THE USERS FROM, ON OR THROUGH THE SERVICES.
  5. Buz is not intended for distribution to or use in any territory where such distribution or use would violate local law or would subject us to any regulations in that territory. We reserve the right to limit our Services in any territory.
  6. We have the right, in our sole and absolute discretion, to issue warning, remove content, suspend, disable, terminate, permanently ban or restrict your access to or use of Buz, or even report you to law enforcement at any time and is not obligated to bear any liability to you or any third party, if you:
    1. are under the legal age in your country permitted to download, install, register an account, access or use Buz;
    2. violated the Prohibited Conduct described in Section 3, Section 6 and Section 8; or
    3. violated these Terms.
  7. If your Buz account is suspended, disabled, banned or terminated, you may not create a second account or ask any other person to create a new account for you. If you think that your Buz account was wrongfully suspended, disabled, banned or terminated, you may email us using the contact information at the end of this page. We will promptly investigate the situation and respond to you.

4. Ownership and Third Party Claims

  1. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services ("Materials") belong to us and/or our third party licensors, and are protected under intellectual property laws and other relevant laws. Except as expressly authorized by us under the EULA, you may not make use of, copy, reproduce, distribute, disseminate, sell, publish, circulate, modify or incorporate the Materials in any way, whether in whole or in part. Other product and company names mentioned in the EULA may also be the trademarks of their respective owners.
  2. We will not hesitate to take legal action against any unauthorized use of our trademarks, names or intellectual property to protect and restore our rights. We reserve all rights to the Materials not granted expressly in these Terms.
  3. In the unlikely event that there is any claim made against you on the ground that the Materials infringe a third party's intellectual property rights, please provide us with all relevant information immediately. Our contact information is at the end of this page. We, and not the app store, will carry out the necessary investigation, defense, settlement and discharge of any such intellectual property infringement claim.

5. User Content

  1. All information, data, text, music, sound, photographs, images, graphics, video, messages, audio, comments or any other materials whatsoever, whether recorded, uploaded, posted, transmitted or used by you in conjunction with the Services, shall be collectively referred to as the "User Content". You shall be solely liable for any User Content you submit or transmit using the Services. We will not review, monitor or edit the User Content for accuracy, timeliness, integrity or completeness.
  2. You retain ownership of your User Content. Notwithstanding your ownership of your User Content, you hereby grant us a royalty-free, world-wide, non-exclusive, transferable, sublicensable license to use, reproduce, modify, edit, publish, prepare derivative works of, distribute, display, copy, and perform the User Content (in whole or in part), incorporate such content into existing or future forms of work, media or technology, and/or authorise other users of the Services to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content. The rights you grant in this license are for the limited purpose of operating and providing our Services to our users, protecting our Services, customising our Services for our users, and developing new features or products. WE DO NOT SELL YOUR USER CONTENT. Relatedly, you grant to us the right to authorise third parties to exercise such rights on our behalf. You further hereby grant to us the right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.
  3. You agree that other users of the Services may also extract all or any portion of User Content created by you to produce additional User Content. You acknowledge that we are not obliged to verify or approve any User Content. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary.
  4. Each time you submit User Content, you hereby represent, warrant, and covenant that you are the age of majority in the jurisdiction in which you reside, are the parent or legal guardian of any minor who is depicted in or contributed to any User Content or you have the proper consent from the minor's parent or legal guardian, and that as to any User Content you provide (including but not limited to, text, images, music, or video), (a) you are the sole author and owner of the User Content or you have the full lawful right to grant the rights and license specified in this section; (b) the User Content is accurate and lawful; (c) the User Content does not and, as to Buz's permitted uses and exploitation set forth in the EULA, will not infringe on any intellectual property or other right of any third-party; and (d) the User Content will not violate the EULA or any applicable additional terms, or cause injury or harm, or threaten to cause injury or harm, to any person.
  5. We have no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including initiating actions in your name and on your behalf (at our costs and expense, to which you hereby consent and irrevocably appoint us as your attorney-in-fact, with the power of substitution and delegation, which appointment is couple with an interest).
  6. If anyone brings a claim (Third-Party Claim) against us in relation to your actions and activities carried out in Buz, you will, to the maximum extent permitted by applicable law of your country or jurisdiction of residence where you use Buz, indemnify and hold us (and our direct and indirect parents, subsidiaries or related entities in the same corporate group, collectively, our “Affiliates”) and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assignsharmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of or in any way in connection with any of the following: (a) your access to or use of our Services, including activities carried out thereon or User Content provided in connection therewith; (b) your breach of the EULA or applicable law; (c) our and/or our Affiliates' use of the information that you submit to us, including your User Content, subject to our Privacy Policy; (d) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; or (e) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Third-Party Claim (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us, in the defense of any Claim and Losses. Notwithstanding the foregoing, we and our Affiliates retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We and our Affiliates reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, our or our Affiliate's prior written consent. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
  7. Without limiting the foregoing and to create a safe environment for our community, we may, at our discretion, deploy algorithmic content moderation techniques to process your User Content for purposes of monitoring for and preventing abusive or harmful use of our Services, and shall have the right, in our sole discretion, to remove any of User Content for any reason (or no reason), including if such content violates the Terms or any applicable law. Although we do not generally monitor user activity, , if we become aware of any possible violations by you of any provision of the Terms (such as via a report by other users), we reserve the right to investigate such violations, and we may, at its sole discretion, immediately terminate your license to use our Services, or change, alter or remove your User Content, in whole or in part, without prior notice to you. By your continued use of our Services, you agree to provide consent to such monitoring and/or review within the ambits of privacy laws. You agree that we have the right, but not the obligation, to carry out such monitoring, review and/or take any remedial action. Notwithstanding the foregoing, we assume no responsibility for any User Content and assume no obligation to modify or remove any and all inappropriate User Content, or take any remedial action.

6. Best Practices and Prohibited Conduct

  1. You agree to use our Services for personal and non-commercial use and, above all, fairly, responsibly and lawfully. To ensure and enhance users' experience and in order to keep Buz and our users safe, you should review and keep to the following guidelines

    Best Practices

    1. Communicate with known contacts: Send messages to those in your address book, those who have contacted you first or have requested you contact them on Buz using their contact number or Buz user name. You may only share information that you are comfortable sharing with the public.
    2. Ask for permission: Obtain permission before you add any person or AI Character into a group chat.
    3. Careful sharing: Think carefully before you upload anything onto Buz or share anything with your Buz contacts. Consider whether you would want others to see what you've sent. They may be able to share these messages with others without informing you. You should only share your information with people you trust. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears or is referred to in the User Content, then you must also have their permission to submit such User Content to Buz.
    4. Careful forwarding: Think carefully before forwarding messages. If you are unsure whether the contents are true or the contents are from an unknown source, do not forward the message. Do now unknowingly spread misinformation.
    5. Act appropriately: All of your Services activities must be venue appropriate, as determined by us. Be respectful of others' opinions and comments so we can continue to build communities for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn't belong on the Services. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or handicap. Your User Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your User Content must not exploit children under the age of 18 or under the age of majority in your jurisdiction.

    Practices to Avoid

    1. Unwanted messages: If a person asks you to stop contacting them, you should refrain from sending them messages again.
    2. Automated or bulk messages: Do not bulk message or auto message using Buz. Do not create accounts or groups in an unauthorised or automatic ways, or use modified versions of Buz. You may not use Buz for a commercial purpose.
    3. Unknown contacts: Do not use information obtained from unknown or unlawful sources to message other Buz users. Do not publish, distribute or share others' contact numbers or user IDs or personal information without permission.
    4. Harvesting personal data: Do not extract other users' personal information such as contact number, user ID, profile picture or chat contents without permission.
  2. You may not distribute via Buz or upload any content that may be considered:
    1. pornographic, obscene or indecent, or any adult content;
    2. exploitative, endangering or abusive of young children
    3. violent or promoting violence;
    4. to be depicting, encouraging or assisting suicide or self-harm;
    5. rumor, false or misleading information;
    6. hateful, insensitive, inappropriate, demeaning or offensive speech, including any content that promotes prejudice, discrimination, racism, terrorism, ageism, sexism or violation of legal rights against specific individuals or groups;
    7. profane, blasphemous or any content that may offend people of certain faith, or otherwise related to religion;
    8. related to gambling, counterfeits, fraudulent products or services prohibited by law, abortion, human trafficking, weapon, or other highly explosive subject matter;
    9. abusive, bullying, intimidating, libelous, embarrassing or otherwise harassing other people or groups of people;
    10. spam, junk mail or other unsolicited advertisement;
    11. promoting, advertising or referrals for products, apps, services or companies unrelated to Buz;
    12. disrupting to national or social order, or violates any public order, moral or social norms;
    13. promoting criminal acts;
    14. promoting illegal or inappropriate use of alcohol or tobacco;
    15. fradulent, deceptive or misleading, including impersonation or claiming false affiliation;
    16. to infringe on or misappropriate third party's intellectual property or other proprietary rights;
    17. confidential, sensitive or personally identifying information (e.g. first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) of yourself or others without permission;
    18. protected health information defined under the HIPAA Privacy Rule (45 CFR Section 164.051);
    19. harmful to the reputation and credibility of Buz; or
    20. other contents that in our judgement, are negative contents or otherwise not suitable for distribution.
  3. By using our Services, you agree not to:
    1. use Buz for any unlawful, unauthorised or illegal purpose or in violation of any local, state, national, or international law;
    2. use Buz in connection with any direct or indirect commercial purposes, including in connection with any value-added component of a commercial product or service;
    3. Use Buz in connection with any direct or indirect political advertising or purposes;
    4. access, search or create any user account without permission by any means other than our user supported interfaces;
    5. create an account using a false identity or information (such as age or date of birth), or on behalf of someone other than yourself;
    6. impersonate or misrepresent any affiliation with any other person, user or company;
    7. make modifications to, disassemble, decompile or reverse engineer or otherwise attempt to discover the source code of any portion of the Services, except to the extent that such restriction is expressly prohibited by law;
    8. use web scraping, web harvesting or web data extraction methods to extract personal information, User Content or any other information or data from Buz;
    9. provide archived or cached data sets containing User Content (or Buz's Materials or any other information or data or content) to another person or entity;
    10. use any User Content (or Buz's Materials or any other information or data or content) collected from Buz for the development or use of any software program, application, model or website, including, but not limited to, an artificial intelligence system, natural language model, large language model or machine learning;
    11. remove, disable, damage, interfere with or circumvent any feature of the Services, including any security or access control mechanism or features that prevent or limit use or copying of any content;
    12. interfere with the operation of the Services or any user's enjoyment of the Services, including by:
      1. uploading or otherwise disseminating any virus, adware, spyware, trojan horse, worm, malicious code, links to phishing website or other harmful programmes or technologies or malicious content or code that could impact the operation of the Services or any computer or other device;
      2. interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
      3. use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services;
      4. disrupt, interfere with or otherwise adversely affect the normal flow of Buz or otherwise act in a manner that may negatively affect other users' experience when using the Services;
    13. submit any User Content that you believe may be false, fraudulent, deceptive, inaccurate, misleading or misrepresents your identity or affiliation with a person or company;
    14. sell or otherwise transfer the access granted under the EULA or any Materials or any right or ability to view, access, or use any Materials;
    15. solicit (or attempt to solicit), collect or attempt to collect) or post login information or login credentials, personal information (including personally identifiable information or financial information) belonging to other users;
    16. harm us or our users in any way; and
    17. attempt to do any of the prohibited acts described in Section 3, Section 6 and Section 8 or assist or permit any person in engaging in any of the prohibited acts described in Section 3, Section 6 and Section 8.
  4. You are solely responsible for your interactions with other users of the Services, whether online or offline, and any other parties with whom you interact through the Services. We are not responsible or liable for the conduct or content of any user. You should exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. We reserve the right, but have no obligation, to minitor or become involved in any disputes between you and other users or parties. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your account. If you have a dispute with one or more users, you release us (and our officers, directors, officers, employees, agents, subsidiaries and related entities) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
  5. We rely on available unencrypted information and user reports to take appropriate action. If you would like to make a report, please make sure you take screenshots or recordings of the offensive content (where applicable) and the offending user's details and share with us. You may report against a user in Buz directly on the app using the "Report User" function or email us at [email protected]

7. DMCA Copyright Policy and Other Intellectual Property Rights

  1. We respect the copyright and other intellectual property of others, and we ask our users to do the same. We will not tolerate any acts of yours that directly or indirectly infringe on copyright or any other intellectual property rights belonging to us or others when you use Buz.
  2. Before you submit any Infringment Notice, you need to consider the following:
    1. Infringement exceptions: Consider whether fair use, fair dealing, or a similar infringment exception applies. You need to confirm you've made this consideration. The content identified in your Infringment Notice will not be removed if a legal exception applies. If you are unclear about exceptions, we highly recommend that you speak to an attorney before submitting a removal request.
    2. Personal information: Your personal contact information may be disclosed to the User who posted allegedly infringing content ("Reported User"). Make sure you understand how your contact information is used once you submit a removal request.
  3. If you believe the Services (including its elements or Materials) or any User Content has infringed your copyright or other intellectual property rights, please send an Infringment Notice to our contact details (see Section 15 below). The Infringment Notice shall include the following information:
    1. a detailed description of the copyright or intellectual property that you claim has been infringed;
    2. the copyright or intellectual property registration certificate (where available);
    3. a clear description of where the material that you claim is infringing is located on the Service and all information reasonably sufficient to permit us to locate the material (e.g. URL);
    4. your contact information (address, telephone number and email address);
    5. a signed declaration by you that you in good faith have reasonable grounds to believe that the disputed use is not authorized by the copyright or intellectual property owner, its agent or licensees, or allowed under the applicable laws;
    6. a signed declaration by you, under penalty of perjury, that all information contained in your notice is accurate to the best of your knowledge and that you are the copyright or intellectual property owner; and
    7. if you are not the owner, a signed letter of authorisation from the copyright or intellectual property owner authorising you to act on their behalf and contact information of the owner (address, telephone number and email address).
  4. In the United States, we have adopted a copyright infringement policy in accordance with the Digital Millennium Copyright Act ("DMCA"). You may send our Designated Agent a DMCA Notice containing the same information required of an Infringment Notice stated above. The address of our DMCA Agent for copyright takedown notices is as follows:
    • Law Offices of Fei Pang
    • 411 E Huntington Dr., Ste 206, Arcadia, CA 91006, USA
    • Attention: Jerry Lin, Buz DMCA Agent
    • Phone: (626) 838-6868
    • Email: [email protected]
  5. Do not make false claims. Misuse of the removal request, such as submitting false information, may result in the suspension of your account or other legal consequences. ALSO PLEASE NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES, UNDER UNITED STATES FEDERAL LAW AND OTHER APPLICABLE LAWS.
  6. Upon receipt of a valid Infringment Notice or DMCA Notice, we will act appropriately to remove any Materials or User Content that infringes the copyright or other intellectual property rights of others. Where applicable, we may forward some of the information in your Infringment Notice / DMCA Notice (including your contact information) to the Reported User. After removing allegedly infringing content, we will notify the Reported User of our actions taken and we may, at our discretion, terminate the accounts of Reported User who are repeat copyright or intellectual property infringers or ban such users from using our Services on the basis of actual or apparent copyright or intellectual property infringement.
  7. As a Reported User, you may contact the party who submitted the removal request and ask them to retract their request and/or claim of infringement. If you believe you are the wrongful subject of an Infringment Notice or DMCA Notice, you may file a Counter-Notification to us or to our DMCA Agent respectively. In the Counter-Notification, you should include the following information:
    1. the specific URLs or location of User Content that we had removed or which we had disabled access;
    2. your name, address, contact number and email address;
    3. in response to DMCA Notice, a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in California if your address is outside of the United States), and that you will accept service of process from the person (or their agent) who provided the original DMCA Notice;
    4. in response to an Infringment Notice, a statement that you consent to the jurisdiction of the Singapore courts, and that you will accept service of process from the person (or their agent) who provided the original Infringment Notice;
    5. the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and
    6. your signature.
  8. Please note that sending us / our DMCA Agent a Counter-Notification has real legal consequences. Please seek legal advice before you do so.
  9. Upon receipt of a valid Counter-Notification, we will forward it to the Notifying Party who submitted the original Infringment Notice / DMCA Notice. The Notifying Party will then have ten (10) days to notify us that they have filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Services at our sole discretion.

8. Artificial Intelligence

  1. Buz offers a self-help programme based on communication with our AI Characters via your personal chatbot through a text and voice interface. Humans never participate in conversations on behalf of any of our AI Characters. All conversations with the AI Characters are confidential but are saved on our servers in accordance with our Privacy Policy.
  2. Without limiting section 6 above, you shall not use any or Buz's Artificial Intelligence features:
    1. to create, train or improve any products or language language models to compete with Buz or otherwise;
    2. to mislead any third party that any output you receive from Buz was solely generated by humans;
    3. use any Artificial Intelligence output relating to a person for any purpose that could have a legal, financial or material impact on that person; or
    4. in a manner that violates these Terms.
  3. When interacting with the AI Characters, you will not, and will not permit any person accessing the Services using your account to upload, generate, distribute or discuss content that
    1. facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could result in their sexual exploitation;
    2. contains or promotes sexually explicit content or profanity, including pornography, or any content or services intended to be sexually gratifying;
    3. encourages the illegal or inappropriate use of alcohol, tobacco, drugs, or the use of explosives, firearms, ammunition or certain firearms accessories;
    4. promotes violence or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status or any other characteristic that is associated with systemic discrimination or marginalization; or
    5. depicts gratuitous violence or other dangerous activities.
  4. Due to the nature of generative AI technology, our AI Characters may share or generate unexpected information. In the event that such information turns out to be incomplete, inaccurate or offensive, you acknowledge that they do not represent our views. If such information makes any reference to any third party or their products or services, you acknowledge that it does not mean that we endorse the third party or their products or services, nor are we affiliated with them. We make no guarantees that such information will be suitable for all audiences or purposes. If the AI Characters provide any information (eg translation) including recommending tools and techniques (e.g. Yoga or activity or exercises), such information is for informational purposes only and should not be construed as professional advice. Our AI Characters aim to provide correct information, but to the maximum extent permitted by law, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availabilty with respect to any information provided by the AI Character for any purpose. No action should be taken based upon any information contained in Buz. You must use discretion and judgment when interpreting results or making decisions based on its output. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use. Any reliance you place on such information is strictly at your own risk.
  5. We use Generative AI technology to help improve the quality, performance and safety of Buz and its features such as the chatbots. For example, to create scripts for our AI Characters and to reduce repetitiveness in your conversations with them. Some of our features or upcoming features are powered by OpenAI technology but we are not affiliated to ChatGPT.

9. Privacy

  1. In order to ensure your continued use of some or all the features of Buz, we may need to collect, use, transfer or store your personal information with our "Authorised Personnel" such as entities within our group of companies and authorised third party contractors or sub contractors which are necessarily involved in our provision and performance of the Services to you. We and our Authorised Personnel shall not use, share, or disclose such information beyond the extent necessary to provide you with the Services or improve the Services for your use. We and our Authorised Personnel shall not use such information for marketing purposes without first obtaining your explicit consent.
  2. In order for us to continually improve our Services, we may collect and analyze anyonmised or synthetic data and other information belonging to you (incuding your User Content - see Section 5). We may generate statistics, calibrate data models, improve algorithms and enhance our Buz app (and Materials) - see Section 4) in the course of processing such information via machine learning, LLM learning or finetuning, or other similar processes ("Training"). Under these Terms and by your continued use of Buz, you are deemed to have given consent to the Training carried out solely for our research and development purposes only (and not for any marketing purposes). WE DO NOT SELL YOUR PERSONAL INFORMATION. Nothing in the EULA gives you any rights in or to any part of the Services or the Training generated by us or the Training generated in the course of providing the Services. You will not be entitled to compensation for any use of your User Content by us under these Terms.
  3. The Buz Privacy Notice is available here or within the Buz app and governs the manner in which we (and our Authorised Personnel) collect, use, maintain and disclose information collected from you. Please read the policy carefully before using our Services. By using our Services, you acknowledge our Privacy Notice and declare that you understand the options we provide to you in matters concerning your personal information.

10. Notice to California Residents

  1. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
  2. California residents can obtain information on our privacy practices and learn more about their California privacy rights, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act (where applicable), in our US Privacy Notice.
  3. Any California residents under the age of eighteen (18) who have registered to use the Services, and who have posted content or information on the Services, can request that such content or information be removed from the Services by contacting us at the email or address set forth in Section 15 making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. Where applicable, we will make reasonable good faith efforts to remove the content or information from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the content or information and archived copies of it may be stored by search engines and others that we do not control.

11. Dispute Resolution

  1. These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to choice of law principles.
  2. If you are a consumer and subject to the applicable consumer laws of your country of residence, you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that your claim arising out of or in connection with the EULA, including any question regarding its existence, validity or termination, must be resolved exclusively in the competent court with jurisdiction over our registered address, and that you submit to the personal jurisdiction of such courts. Without prejudice to the foregoing, you agree that, in our sole discretion, we may also bring any claim that we have against you arising out of or in connection with the EULAs in the country in which you reside that has jurisdiction over the claim.
  3. If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action (where applicable).
  4. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU OR US AGAINST THE OTHER MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM ARISES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU OR WE WILL NO LONGER HAVE THE RIGHT TO ASSERT THAT CLAIM.

12. Disclaimers

  1. To use our Services, you must have a compatible mobile device, and stable internet access (fees may apply) among other technological features. This also means that the quality and availability of the Services may be affected by factors outside our control. We do not warrant that our Services will be compatible with all hardware and software which you may use.
  2. We shall not bear any liability for the interruption of or other inadequacies in the Services caused by your mobile network operator or circumstances of force majeure, or that are otherwise beyond our control. Where we can, as far as possible, we shall reasonably attempt to minimize the resulting losses of and impact upon you.
  3. The Services are provided on an "AS-IS" and "AS-AVAILABLE" basis. We make no representations or warranties of any kind express or implied as to the operation and provision of such Services or any part thereof. Under no circumstance do we guarantee that the Services will be uninterrupted, secure, safe, timely or free from errors, delays or disruptions. We also do not make any warranty of our Services with regard to the merchantability, technical compatibility, title, non-infringement, fitness for any particular purpose, security and freedom from computer virus or other harmful code.
  4. We do not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you. We shall not be responsible for the content of any third party linked site or any link contained in a third party linked site, and we shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Services by you. Moreover, we shall not bear any responsibility for the content of any webpage that you may be directed via an external link that is not under our control.
  5. We do not control, and are not responsible for controlling how or when our users use the Services. We are not responsible for and we do not control the actions or information (including User Content) of our users. By using the Services, you may be exposed to other User Content that may be offensive, indecent or otherwise not in line with your expectations. Your use of the Services is at your own risk. You bear all risks associated with the use of any User Content available in connection with the Services.
  6. Buz offers a self-help programme based on communication with your personal chatbot through a text and voice interface. Humans never participate in conversations on behalf of any of our AI Characters. Our AI Characters aim to provide correct information, but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availabilty with respect to any information provided by the AI Character for any purpose. You must use discretion and judgment when interpreting results or making decisions based on its output. Any reliance you place on such information is strictly at your own risk.
  7. You are fully responsible for any risks involved in using our Services. Any use or reliance on our Services will be at your own risk.
  8. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY US OR OUR SUPPLIERS WITH REGARD TO A PRODUCT SOLD BY US TO YOU, OR ANY WARRANTY ON A PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) OUR LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY US OR OUR AFFILIATES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST US OR OUR AFFILIATES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
  9. Some jurisdictions do not allow for the exclusion of implied warranties, so some of the above exclusions may not apply to you.

13. Indemnity and Limitation of Liabilities

  1. To the extent permissible by law, neither we nor the app stores shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services.
  2. To the extent permitted by applicable laws, you expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages or any other intangible losses resulting from: (a) the use or the inability to use our Services; (b) unauthorized access to or alteration of your transmission or data; (c) statements or conduct of any third party, (d) any other matter relating to the Services or this EULA (whether based on contract, tort or otherwise, and whether or not we have been advised of such damages). We shall also not be liable to you or any third party under any circumstances for damages or costs arising out of or in connection with your unauthorised use of our Services (including your failure to comply with applicable applicable local, state, federal or international laws), or any private or governmental legal action related to your use of the Services in any country. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT. Even if we were found liable, our total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) shall not exceed USD100 (One Hundred United State Dollars). The foregoing limitations will apply even if the Services fail of its essential purpose.
  3. NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD BY US.
  4. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 13 (if any).
  5. The app stores are not responsible for addressing your claims relating to the Buz app, including, but not limited to: (a) product liability claims; (b) any claim that Buz fails to conform to any applicable legal or regulatory requirement; and (c) any claims arising under consumer protection, privacy, or similar legislation.
  6. YOU RELEASE US, OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES. YOUR RIGHTS WITH RESPECT TO US AND OUR AFFILIATES ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.
  7. You agree to indemnify, defend and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of this Agreement, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

14. Miscellaneous

  1. The EULA forms the entire agreement between you and us regarding your use of the Services.
  2. You may not assign or transfer your rights or obligations under the EULA, in whole or in part, by operation of law or otherwise (and you may not delegate your duties under them) without our prior written consent. We may assign our rights or obligations under the EULA (in whole or in part) at any time without notice or consent.
  3. The failure to require performance of any of the provisions forming the EULA by you or us will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of the EULA, be a waiver of any breach or default or a waiver of the provision itself. No waiver or modification of any term of this EULA will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
  4. If any part of these Terms is held to be invalid or unenforceable, then that provision will be deemed severable from this EULA, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this EULA.
  5. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
  6. Where we have provided you (directly or indirectly) with a translation of English language version of the EULA (including these Terms and the Privacy Policy), you agree that the translation is provided for your convenience only and that the English language version of the EULA will govern your usage of our Services. If there is any contradiction between what the English language version of the EULA says and what a translation says, then the English language version shall prevail.
  7. We reserve the right to terminate this EULA at any time at our sole discretion for any reason and we shall not be liable to you for any losses you may suffer upon termination. Notwithstanding, we endeavour to give you advanced and reasonable notice before we terminate this EULA. Upon any termination (a) the rights and licenses granted to you herein shall terminate; and (b) you must cease all use of the Buz app.
  8. You acknowledge that the rights granted and obligations made under this EULA are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
  9. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, nationwide IT networks attacks or failures, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
  10. All notices are delivered to users by means of announcement on the Buz app or email or via the Services, which shall be deemed to be received by the recipient and come into effect on the date of delivery.

15. Feedback and Contact

  1. We are happy to and we may periodically solicit suggestions from our users. However, we do not accept or consider unsolicited suggestions of any kind (e.g. ideas on product development or features, artwork, musical or audiovisual works, concepts or any other creative materials) in any format or manner ("Unsolicited Content"). This is to avoid potential misunderstandings if new products or features or services independently developed by or for us might seem similar to your suggestions. Therefore, please do not submit any Unsolicited Content to us.
  2. If you insist on submitting Unsolicited Content or sending us any other feedback, you agree that any feedback provided will be used by us in an unrestricted manner and treated as non-confidential information. Please do not share anything that contains new or original ideas which you may want to claim any form of proprietary rights in, now or in future. If you insist on sending us new or original ideas or creative materials, then you are deemed to have agreed that: (a) your Unsolicited Content, feedback and their contents will automatically become our intellectual property, without any compensation to you; (b) you will not assert against us any rights or ownership and you will not claim any compensation in respect of any such Unsolicited Content or feedback; (c) we may use or redistribute the Unsolicited Content, feedback and their contents for any purpose and in any way we deemed fit; (d) there is no obligation for us to evaluate any ideas or material that you submit to us; and (e) there is no obligation to keep the Unsolicited Content or any such ideas or material confidential.
  3. If you need to contact us or seek clarification, you may contact us as follows:
    • Name: Buz Technology Pte. Ltd.
    • Address: 6 Shenton Way, #37-03, OUE Downtown, Singapore 068809
    • Attn: Customer Service
    • Email: [email protected]