Terms of Use | Buzzwork

Last updated: January 20, 2023

Lani, Inc. (hereafter referred to as the “Company”, “we”, or “us”) may provide to you websites, software, applications, content, products and services which is branded as Buzzwork. Buzzwork (hereafter referred to as the “Product” or “Service”) is a straight forward calendar and network management mobile application available in the Google Play and Apple App Stores. Lani, Inc. was established and incorporated in the City of Chicago, State of Illinois, and the country of the United States of America on June 20, 2014. This Terms of Use (hereafter may be referred to as “Terms”) creates a legally binding contract between you and Lani, Inc., once you review and accept the terms of this agreement. Buzzwork has three (3) different types of users depending on the Buzzwork product, service, and plan selected and used.

We call users who use the Free version plan of Buzzwork, “Free Users.” Free Users can access and use the Service for three (3) months at a time from the date of sign up. The in-app data storage and access to past entries in Calendar sections are limited to three (3) months following their respective dates of creation. Limitations imposed apply to service features and functionalities in the Drafts, Habit Tracking and Social Share sections of Buzzwork. We strongly encourage Free Users to be mindful of the expiration date of the free use period and select one of the paid plans set forth below so as not to lose any in-app data or calendar entries. For a comprehensive explanation of the policies governing Free Users, please visit Buzzwork’s Subscription Agreement page.
We call users who use the Service as part of a paid Buzzwork subscription plan (regardless of the subscription plan selected) “Subscribers.” The plans and costs are STUDENT - $0.99 per month and PROPLANNER - $1.99 per month. The Service features and functionalities available to Subscribers are determined by the subscription plan and the specific terms agreed to between the Company and the users (hereafter referred to as the “Customer”). The specific details are set forth in a separate agreement (hereafter referred to as the “Subscriber Agreement”) that governs delivery, access, and use of the Service by the Subscribers.

We refer to these different plans of users collectively as “Users” or “you” for purposes of this Term of Use. Regardless of what type of User you are, this Terms of Use create a legal agreement directly between you and the Company and explain the rules governing use of the Service and Websites. By accessing or using the Service and Websites, you acknowledge and agree that you have read, understand, and agree to be bound by this Terms of Use and the Company’s Privacy Policy. If you do not agree to this Terms of Use, please do not access or use the Services. We may, from time to time, modify this Terms of Use. Please check this page periodically for updates. We will comply with applicable local legal obligations to provide you with notice of changes to this Terms of Use. Your continued use of the Service and Websites after any such update constitutes your acceptance of such changes.

1. ELIGIBILITY AND SCOPE

1.1 General. To use the Service and Websites you must be, and represent and warrant that you are,17 years of age or older and competent to agree to this Terms of Use and are able to provide a valid state or governmental photo identification card or passport with a current residential address and date of birth. If the Company has previously prohibited you from accessing or using the Service and Websites, you are not permitted to access or use the Service and Websites again.

1.2 Location. This Terms of Use is applicable to Users inside and outside of the United States. Regardless of the Users’ locations, the Terms of Use are available at buzzwork.us and said terms are applicable.

2. ACCOUNT REGISTRATION AND USE

2.1 Account Registration and Confidentiality. To access the Service and Websites, you must register for a Buzzwork account by creating a user name and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that the Company is entitled to rely on your instructions.

2.2 Unauthorized Account Use. You are responsible to notify us immediately atfarahfaheyghaus@getbuzzwork.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. The Company will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by the Company or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, the Company reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

3. OUR PROPRIETARY RIGHTS

The Service and Websites are owned and operated by Lani, Inc. and contain materials (including but are not limited to all the Buzzwork software, applications, website, content, products, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by the Company as well as other sources, and are protected by the United States Patent, Trademark, and Copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Service and Websites are also protected as a collective work or compilation under U.S. and global copyright and other laws and treaties. You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites. You acknowledge that the Service and Websites have been developed, compiled, prepared, revised, selected, and arranged by the Company through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Lani, Inc. You agree to notify the Company immediately upon becoming aware of any claim that the Service and Websites infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. Any unauthorized use of any material contained on or through the Service and Websites may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

4. USER CONTENT AND FEEDBACK

4.1 User Content and Submissions on the Service. The Service allows you to create tasks and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms.

4.1.1 Free User Content. Free Users maintain ownership of the User Content that they submit to the Service (“Free User Content”). By submitting Free User Content, Free Users grant the Company a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that Free User Content, as permitted by the Company’s Privacy Policy, including if required to do so by law or in good faith to comply with the legal process. We reserve the right to remove any Free User Content on the Service that violates these Terms or that is otherwise objectionable in the Company’s sole discretion.

4.1.2 Subscriber User Content on the Service. Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the introduction to these Terms and the Subscriber Agreement, except with respect to Subscriber User Content. The Company maintains a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Content is in violation of the Subscriber Agreement or these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process that meets the requirements of the Subscriber Agreement and Law Enforcement Guidelines; and (v) as otherwise set forth in our Subscriber Agreement or as expressly permitted in writing by the Customer.

4.2 Feedback on Company Websites. Company Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Buzzwork and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant the Company a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Buzzwork or Lani, Inc. marketing materials and where required to do so by law or in good faith to comply with legal process). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

4.3 User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that the Company does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless the Company for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

5. LICENSE AND ACCEPTABLE USE

5.1 Your License. Subject to your compliance with this Terms of Use, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Websites only for your own internal use (or, for Subscribers, users authorized by the Customer), and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Websites, including the Company’s Privacy Policy and the Terms of Use. Lani, Inc. may revoke this license at any time, in its sole discretion.

5.2 Acceptable Use. All Users must comply with the following rules regarding acceptable use of the Service and Websites.

Disruption of the Service. You may not:

access, tamper with, or use non-public areas of the Service and Websites, or the Company’s computer systems, or the technical delivery systems of Buzzwork’s or the Company’s providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
access or search the Service and Websites by any means other than the Buzzwork’s or the Company’s publicly supported interfaces (for example, “scraping”);
attempt to disrupt or overwhelm our infrastructure by intentionally or recklessly imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time);
interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Websites;
copy the Buzzwork Service or Product and the Websites of Lani, Inc. or Buzzwork;
damage, disable, or impair the Service and Websites;
use Buzzwork in any unlawful manner or purpose or in any manner that is inconsistent and contrary to the terms of this Agreement;
interfere with another user’s use and enjoyment of Buzzwork;
access or use Buzzwork in a manner that suggests an association with the Service, Product, or brand;

allow third parties to violate the above restriction; or
misuse of the Service and Websites.

You may not utilize the Service and Websites to carry out, promote or support:

any unlawful or fraudulent activities;
the solicitation or sale of sex;
the sale, distribution or solicitation of illicit, pharmaceutical or regulated substances;
the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
the misrepresentation of who you are and your credentials;
the misrepresentation of your business credentials;
activities that are defamatory, libelous or threatening, constitute hate speech, intimidation, harassment, or stalking;
the publishing or posting of other people’s private or personal information without their express authorization and permission;
the sending of unsolicited communications, promotions advertisements, or spam;
the publishing of or linking to malicious content intended to damage or disrupt another

user’s browser or computer;
the promotion or advertisement of products or services other than your own without appropriate authorization; or
the promotion or advertisement of products, services, or content that are explicitly prohibited in this Terms of Use.

User Content Standards Within the Service and Websites. You may not post any User Content on the Service or Websites that:
violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
contains any personal information of a non subscribing mind child users;
contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without the company’s prior written consent granted as part of a Customer Agreement;
contains viruses, bots, worms, or similar harmful materials;
contains any information that you do not have a right to make available under law or any contractual or fiduciary duty;
promotes the vilification of individuals or groups on the basis of such characteristics based on race, sex, ethnicity, religion, and sexual orientation which creates a hostile or demeaning User experience;
promotes extremist content that incites violence and foreign propaganda that is baseless in fact and law;
promotes disinformation, fake news, or content crafted with the intent to incite dissent or lawlessness;
contains content or images with misinformation on the harmful effects of climate changes;
contains content or images promoting human, wildlife, and/or animal trafficking, cruelty, and neglect;
contains any images of children’s, women’s and men’s exposed sexual parts or any explicit sexual content referencing them; or
promotes and advertises of products and services of which the content or images are prohibited in this Terms of Use.

Violations of this Section 5.

In addition to any other remedies that may be available to Lani, Inc., we reserve the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for the Company should you fail to abide by the rules in this Section 5 or if, in the sole discretion of Lani, Inc., such action is necessary to prevent disruption of the Service or Websites for other users. If you are a Subscriber, the Company reserves the right to notify the Customer’s Account Administrator(s) or other Customer representative(s) of any violations of these Terms. In the event that there is any criminal activity committed by the user, Lani, Inc. reserves the right to contact the legal and governmental authorities or entities and will cooperate in the investigation and prosecution of the user as required by law.

6. PRIVACY

For information about how the Company collects, uses, and shares the data is collected from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.

7. LIMITATION OF LIABILITY

If Lani, Inc. fails to comply with these Terms, it is responsible for loss or damage that you suffer that is a foreseeable result of the breach of these Terms or the negligence, but it will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was an order that was accepted. The Company will also only provide the Service and Websites for your internal use. It has no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity based on your use of or reliance on the Service and Websites. It does not exclude or limit in any way the liability to you where it would be unlawful for it to do so. This includes liability for death or personal injury caused by the negligence or the negligence of the employees, agents or subcontractors, for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Service and Websites.

The information presented on or through the Service and Websites is made available solely for general information purposes. The Company does not confirm the accuracy, completeness or usefulness of this information. Any reliance that you place on such information is strictly at your own risk.

8. VIRUSES

You understand that the Company cannot and do not guarantee that files available for downloading from the Internet or our Service or Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service and Websites for any reconstruction of any lost data.

9. THIRD-PARTY LINKS AND SERVICE AND WEBSITES

The Service and Websites may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Lani, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or

other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that the Company shall not be responsible or be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

10. MODIFICATION

Lani, Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and Websites (or any part thereof), with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and Websites.

11. APPLICABLE LAW

Please note that these Terms, and their subject matter and formation, are governed by the laws of the City of Chicago, State of Illinois, country of the United States of America. By agreeing to the Terms you consent that these laws will govern all disputes arising out of or relating to the Terms, regardless of conflict of laws rules. These disputes will be resolved in Chicago, Illinois state and federal courts and you consent to the personal jurisdiction in those courts. You can contact us at farahfaheyghaus@getbuzzwork.com if you have any comments, feedback, updates regarding payment information, questions, complaints, about the Services. You and the Company shall use best efforts to settle any complaints or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or other form of complaint.

12. GENERAL TERMS

12.1. No waiver. If Lani, Inc. fails to insist that you perform any obligations under these Terms, or if it does not enforce its rights against you, or if it delays in doing so, that will not mean that it has waived such rights and will not mean that you do not have to comply with your obligations. If Lani, Inc. does waive a failure or breach by you, it will only do so in writing and that will not mean that it automatically waives any future failure of breach by you.

12.2. Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

12.3. Miscellaneous. The section titles in these Terms are for convenience only and have no legal or contractual effect.

12.4 Notices. Lani, Inc. may deliver notice to you by e-mail, or by posting a notice on the Service and Websites or any other method chosen and such notice will be effective on dispatch. If you wish to provide legal notice to Lani, Inc., it will be effective only when Counsel for Lani, Inc. receives said notice in care of Fahey & Associates, Attorneys at Law,161 N. Clark Street, Suite 1700, Chicago, Illinois 60601 via Certified Mail Return Receipt Requested. If you wish to contact staff at Buzzwork regarding any other notices or questions, you can contact us via email at farahfaheyghaus@getbuzzwork.com.