END USER LICENSE AGREEMENT
Last updated August 08, 2020
BiZi is licensed
to You (End-User) by BIZI LLC, located at 609 BEAUMONT
DR, ALTOONA, Pennsylvania 16602-2907, United States (hereinafter: Licensor), for use only under the terms of
this License Agreement.
By downloading the Application from the Apple AppStore, and any
update thereto (as permitted by this License Agreement), You indicate that You
agree to be bound by all of the terms and conditions of this License Agreement,
and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is
not a Party to this License Agreement and is not bound by any provisions or
obligations with regard to the Application, such as warranty, liability,
maintenance and support thereof. BIZI LLC, not Apple, is solely
responsible for the licensed Application and the content thereof.
This License Agreement may not provide for
usage rules for the Application that are in conflict with the latest App Store Terms of Service. BIZI LLC acknowledges that it had
the opportunity to review said terms and this License Agreement is not conflicting
with them.
All rights not expressly granted to You are
reserved.
BiZi (hereinafter: Application) is a piece of software
created to securely exchange information between students - and
customized for Apple mobile devices. It is used to create high school and
college marketplaces for students.
The Application is not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use this
Application. You may not use the Application in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2.1 This license will also govern any
updates of the Application provided by Licensor that replace, repair, and/or
supplement the first Application, unless a separate license is provided for
such update in which case the terms of that new license will govern.
2.2 You may not reverse engineer,
translate, disassemble, integrate, decompile, integrate, remove, modify,
combine, create derivative works or updates of, adapt, or attempt to derive the
source code of the Application, or any part thereof (except with BIZI LLC's
prior written consent).
2.3 You may not copy (excluding when
expressly authorized by this license and the Usage Rules) or alter the
Application or portions thereof. You may create and store copies only on
devices that You own or control for backup keeping under the terms of this
license, the App Store Terms of Service, and any other terms and conditions
that apply to the device or software used. You may not remove any intellectual
property notices. You acknowledge that no unauthorized third parties may gain
access to these copies at any time.
2.4 Violations of the obligations
mentioned above, as well as the attempt of such infringement, may be subject to
prosecution and damages.
2.5 Licensor reserves the right to
modify the terms and conditions of licensing.
2.6 Nothing in this license should be
interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party
terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the
Application updated so that it complies with modified/new versions of the
firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your
responsibility to confirm and determine that the app end-user device on which
You intend to use the Application satisfies the technical specifications
mentioned above.
3.3 Licensor reserves the right to
modify the technical specifications as it sees appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 BIZI LLC is not obligated,
expressed or implied, to provide any maintenance, technical or other support
for the Application.
4.2 BIZI LLC and the End-User
acknowledge that Apple has no obligation whatsoever to furnish any maintenance
and support services with respect to the licensed Application.
5. LIABILITY
5.1 Licensor takes no accountability or
responsibility for any damages caused due to a breach of duties according to
Section 2 of this Agreement. To avoid data loss, You
are required to make use of backup functions of the Application to the extent
allowed by applicable third-party terms and conditions of use. You are aware
that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
5.2 Licensor takes no accountability and
responsibility in case of any content or images posted by the user of the
application. he company is under no obligation to
monitor or remove offensive content. Users are encouraged to report any
offensive content to the Company, at which point the Company in its sole
determination will deem offensive and remove the reported material within a
reasonable time frame. .
6. WARRANTY
6.1 Licensor warrants that the
Application is free of spyware, trojan horses, viruses, or any other malware at
the time of Your download. Licensor warrants that the Application works as
described in the user documentation.
6.2 No warranty is provided for the
Application that is not executable on the device, that has been unauthorizedly
modified, handled inappropriately or culpably, combined or installed with
inappropriate hardware or software, used with inappropriate accessories,
regardless if by Yourself or by third parties, or if there are any other
reasons outside of BIZI LLC's sphere of influence that affect the
executability of the Application.
6.3 You are required to inspect the
Application immediately after installing it and notify BIZI LLC about
issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into
consideration and further investigated if it has been mailed within a period
of one hundred twenty (120) days after discovery.
6.4 If we confirm that the Application
is defective, BIZI LLC reserves a choice to remedy the situation
either by means of solving the defect or substitute delivery.
6.5 In the event of any
failure of the Application to conform to any applicable warranty, You may
notify the App-Store-Operator, and Your Application purchase price will be
refunded to You. To the maximum extent permitted by applicable law, the
App-Store-Operator will have no other warranty obligation whatsoever with
respect to the App, and any other losses, claims, damages, liabilities,
expenses and costs attributable to any negligence to adhere to any warranty.
6.6 If the
user is an entrepreneur, any claim based on faults expires after a statutory
period of limitation amounting to twelve (12) months after the Application was
made available to the user. The statutory periods of limitation given by law apply
for users who are consumers.
BIZI LLC and the End-User acknowledge that BIZI
LLC, and not Apple, is responsible for addressing any claims of the End-User or
any third party relating to the licensed Application or the End-User's
possession and/or use of that licensed Application, including, but not limited
to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to
any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or
similar legislation, including in connection with Your Licensed Application's
use of the HealthKit and HomeKit.
8. LEGAL COMPLIANCE
You represent and warrant that You are not
located in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a "terrorist supporting"
country; and that You are not listed on any U.S. Government list of prohibited
or restricted parties.
9. CONTACT
INFORMATION
For general inquiries, complaints, questions or claims
concerning the licensed Application, please contact:
Dallas Huff
609 BEAUMONT DR
ALTOONA, PA 16602-2907
United States
dallhuff01@gmail.com
10. TERMINATION
The license is valid until terminated by BIZI LLC or
by You. Your rights under this license will terminate automatically and without
notice from BIZI LLC if You fail to adhere to any term(s) of this
license. Upon License termination, You shall stop all
use of the Application, and destroy all copies, full or partial, of the
Application.
11. THIRD-PARTY TERMS OF
AGREEMENTS AND BENEFICIARY
BIZI LLC represents and warrants
that BIZI LLC will comply with applicable third-party terms of
agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for
Minimum Terms of Developer's End-User License Agreement," Apple and
Apple's subsidiaries shall be third-party beneficiaries of this End User
License Agreement and - upon Your acceptance of the terms and conditions of
this license agreement, Apple will have the right (and will be deemed to have
accepted the right) to enforce this End User License Agreement against You as a
third-party beneficiary thereof.
12. INTELLECTUAL
PROPERTY RIGHTS
BIZI LLC and the End-User acknowledge that, in the event of
any third-party claim that the licensed Application or the End-User's possession
and use of that licensed Application infringes on the third party's
intellectual property rights, BIZI LLC, and not Apple, will be solely
responsible for the investigation, defense, settlement and discharge or any
such intellectual property infringement claims.
This license agreement is governed by the laws of the
Commonwealth of Pennsylvania excluding its conflicts of law rules.
14.1 If
any of the terms of this agreement should be or become invalid, the validity of
the remaining provisions shall not be affected. Invalid terms will be replaced
by valid ones formulated in a way that will achieve the primary purpose.
14.2 Collateral
agreements, changes and amendments are only valid if laid down in writing. The
preceding clause can only be waived in writing.
PRIVACY NOTICE
Last updated __________
Thank you for choosing to be part of our community
at __________ ("Company", "we", "us", or "our").
We are committed to protecting your personal information and your right to
privacy. If you have any questions or concerns about this privacy notice, or
our practices with regards to your personal information, please contact us
at __________.
When you and more generally, use any of our services (the
"Services", which include the ), we appreciate that you
are trusting us with your personal information. We take your privacy very
seriously. In this privacy notice, we seek to explain to you in the clearest
way possible what information we collect, how we use it and what rights you have
in relation to it. We hope you take some time to read through it carefully, as
it is important. If there are any terms in this privacy notice that you do not agree with,
please discontinue use of our Services immediately.
This privacy notice applies to all information collected through
our Services (which, as described above, includes our ), as well as any related
services, sales, marketing or events.
Please read this privacy notice carefully as it will help
you understand what we do with the information that we collect.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE
COLLECT?
2. WILL YOUR INFORMATION BE SHARED WITH
ANYONE?
3. DO WE USE COOKIES AND
OTHER TRACKING TECHNOLOGIES?
4. HOW DO WE HANDLE YOUR
SOCIAL LOGINS?
5. IS YOUR INFORMATION
TRANSFERRED INTERNATIONALLY?
6. HOW LONG DO WE KEEP
YOUR INFORMATION?
7. DO WE COLLECT
INFORMATION FROM MINORS?
8. WHAT ARE YOUR PRIVACY
RIGHTS?
9. CONTROLS FOR
DO-NOT-TRACK FEATURES
10. DO CALIFORNIA
RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
11. DO WE MAKE UPDATES TO
THIS NOTICE?
12. HOW CAN YOU CONTACT
US ABOUT THIS NOTICE?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect information that you provide to us.
We collect personal information that you voluntarily provide to us
when you register on the express an interest in obtaining information
about us or our products and Services, when you participate in activities on
the (such as by posting messages in our online forums or entering
competitions, contests or giveaways) or otherwise when you contact us.
The personal information that we collect depends on the context of
your interactions with us and the , the choices you make and the products
and features you use. The personal information we collect may include the
following:
Social Media Login Data. We may provide you with the option to
register with us using your existing social media account details, like your
Facebook, Twitter or other social media account. If you choose to register in
this way, we will collect the information described in the section called
"HOW DO WE HANDLE YOUR SOCIAL LOGINS" below.
All personal information
that you provide to us must be true, complete and accurate, and you must notify
us of any changes to such personal information.
Information automatically collected
In Short: Some information (such as
your Internet Protocol (IP) address and/or browser and device characteristics)
is collected automatically when you visit our .
We automatically collect
certain information when you visit, use or navigate the . This information
does not reveal your specific identity (like your name or contact information)
but may include device and usage information, such as your IP address, browser
and device characteristics, operating system, language preferences, referring
URLs, device name, country, location, information about who and when you use
our and other technical information. This information is primarily needed
to maintain the security and operation of our , and for our internal
analytics and reporting purposes.
Like many businesses, we
also collect information through cookies and similar technologies.
2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information
with your consent, to comply with laws, to provide you with services, to
protect your rights, or to fulfill business obligations.
We may process or share
your data that we hold based on the following legal basis:
More specifically, we may need to process your data or share
your personal information in the following situations:
3. DO WE USE COOKIES AND
OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and
other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web
beacons and pixels) to access or store information. Specific information about
how we use such technologies and how you can refuse certain cookies is set out
in our Cookie Notice.
4. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
In Short: If you choose to register
or log in to our services using a social media account, we may have access to
certain information about you.
Our offers you the ability to register and login using your
third-party social media account details (like your Facebook or Twitter
logins). Where you choose to do this, we will receive certain profile
information about you from your social media provider. The profile Information
we receive may vary depending on the social media provider concerned, but will
often include your name, email address, friends list, profile picture as well
as other information you choose to make public on such social media platform.
We will use the information we receive only for the purposes
that are described in this privacy notice or that are otherwise made clear
to you on the relevant . Please note that we do not control, and are not
responsible for, other uses of your personal information by your third-party
social media provider. We recommend that you review their privacy notice to
understand how they collect, use and share your personal information, and how
you can set your privacy preferences on their sites and apps.
5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store,
and process your information in countries other than your own.
Our servers are located in. If you are accessing our from
outside, please be aware that your information may be transferred to, stored,
and processed by us in our facilities and by those third parties with whom we
may share your personal information (see "WILL YOUR INFORMATION BE
SHARED WITH ANYONE?" above), in and other countries.
If you are a resident in the European Economic Area, then these
countries may not necessarily have data protection laws or other similar laws
as comprehensive as those in your country. We will however take all necessary
measures to protect your personal information in accordance with this privacy
notice and applicable law.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information
for as long as necessary to fulfill the purposes outlined in this privacy
notice unless otherwise required by law.
We will only keep your personal information for as long as it is
necessary for the purposes set out in this privacy notice, unless a longer
retention period is required or permitted by law (such as tax, accounting or
other legal requirements). No purpose in this notice will require us keeping
your personal information for longer than __________.
When we have no ongoing legitimate business need to process your
personal information, we will either delete or anonymize such information, or,
if this is not possible (for example, because your personal information has
been stored in backup archives), then we will securely store your personal
information and isolate it from any further processing until deletion is
possible.
7. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly
collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children
under 18 years of age. By using the , you represent that you are at least
18 or that you are the parent or guardian of such a minor and consent to such
minor dependent's use of the . If we learn that personal information from
users less than 18 years of age has been collected, we will deactivate the
account and take reasonable measures to promptly delete such data from our
records. If you become aware of any data we may have collected from children
under age 18, please contact us at __________.
8. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change,
or terminate your account at any time.
If you are resident in the European Economic Area and you
believe we are unlawfully processing your personal information, you also have
the right to complain to your local data protection supervisory authority. You
can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are resident in Switzerland, the contact details for the
data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
Account Information
If you would at any time like to review or change the
information in your account or terminate your account, you can:
Upon your request to terminate your account, we will deactivate
or delete your account and information from our active databases. However, we
may retain some information in our files to prevent fraud, troubleshoot
problems, assist with any investigations, enforce our Terms of Use and/or
comply with applicable legal requirements.
Opting out of email marketing: You can unsubscribe from
our marketing email list at any time by clicking on the unsubscribe link in the
emails that we send or by contacting us using the details provided below. You
will then be removed from the marketing email list - however, we may still
communicate with you, for example to send you service-related emails that are
necessary for the administration and use of your account, to respond to service
requests, or for other non-marketing purposes. To otherwise opt-out, you may:
9. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile
applications include a Do-Not-Track ("DNT") feature or setting you can activate
to signal your privacy preference not to have data about your online browsing
activities monitored and collected. At this stage, no uniform technology
standard for recognizing and implementing DNT signals has been finalized. As
such, we do not currently respond to DNT browser signals or any other mechanism
that automatically communicates your choice not to be tracked online. If a
standard for online tracking is adopted that we must follow in the future, we
will inform you about that practice in a revised version of this privacy
notice.
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a
resident of California, you are granted specific rights regarding access to
your personal information.
California Civil Code Section 1798.83, also known as the "Shine
The Light" law, permits our users who are California residents to request and
obtain from us, once a year and free of charge, information about categories of
personal information (if any) we disclosed to third parties for direct
marketing purposes and the names and addresses of all third parties with which
we shared personal information in the immediately preceding calendar year. If
you are a California resident and would like to make such a request, please
submit your request in writing to us using the contact information provided
below.
If you are under 18 years of age, reside in California, and have
a registered account with , you have the right to request removal of
unwanted data that you publicly post on the . To request removal of such
data, please contact us using the contact information provided below, and
include the email address associated with your account and a statement that you
reside in California. We will make sure the data is not publicly displayed on
the , but please be aware that the data may not be completely or comprehensively
removed from all our systems (e.g. backups, etc.).
11. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this
notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The
updated version will be indicated by an updated "Revised" date and the updated
version will be effective as soon as it is accessible. If we make material
changes to this privacy notice, we may notify you either by prominently posting
a notice of such changes or by directly sending you a notification. We
encourage you to review this privacy notice frequently to be informed of
how we are protecting your information.
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you
may email us at __________ or by post to:
__________
__________
__________
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM
YOU?
Based on the applicable
laws of your country, you may have the right to request access to the personal
information we collect from you, change that information, or delete it in some
circumstances. To request to review, update, or delete your personal information,
please submit a request form by clicking here. We will respond to your
request within 30 days.