Terms Of Service
Last updated April 19, 2024
These FreshBuzzer Terms of Use (or "Terms") are between you and GusTech Inc ("GusTech", "FreshBuzzer", "us", "our" or "we") and, together with the FreshBuzzer Privacy Policy, govern your use of FreshBuzzer and freshbuzzer.com.
If you have any questions about these Terms or the Services offered by FreshBuzzer, please contact us at support@freshbuzzer.com.
1. Acceptance. To use any of our Services, you must agree to be unconditionally bound by these Terms. You accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form, or by visiting or using freshbuzzer.com or FreshBuzzer in any manner. If you use FreshBuzzer on behalf of a company or other entity, you represent, agree, and warrant that you are authorized to act on behalf of the entity and to bind such entity to these Terms. You must meet the Eligibility requirements in Section 2 to accept these Terms and form a binding contract. If you do not agree with these Terms in full, do not use FreshBuzzer or freshbuzzer.com.
2. Eligibility. To use the Services, you must be (i) at least 18 years of age or (ii) at least 16 years of age and your legal guardian must give FreshBuzzer prior express written consent to your use of the Services, as demonstrated by your legal guardian accepting on your behalf these Terms and any additional terms and conditions that apply to a particular Service. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us for yourself or your child and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use our Services. You may not access or use the Services if you are barred from receiving such services under applicable law or have previously been suspended or removed from any of our Services.
3. Registration. Anyone may visit freshbuzzer.com and access some materials, but to use many features of FreshBuzzer you must register as a FreshBuzzer user ("User") and create an account by selecting login credentials (e-mail and password) and providing us with accurate contact information and other information about yourself.
4. FreshBuzzer Services. The Services provide registered users ("Users") with tools to manage your building's intercom system for your unit(s) including call-forwarding to non-local and/or multiple phone numbers, secure access codes and other manual and automated access controls. As well as tools specifically designed for managing short-term rental properties, such as booking and smart lock integrations with third parties. The Services allow Users to access exclusive communication systems, purchase subscriptions and communicate with FreshBuzzer. As a User, you gain limited access to some of the Services for free and you can subscribe to enhanced access to certain Services for the fee stated when you signup. Subscription Users will have access to phone numbers connected to the Services. FreshBuzzer reserves the right to suspend or terminate your use of the Services at any time if we believe you have violated these Terms or any other agreement with us, or any of FreshBuzzer's policies or protocols.
5. Billing and Payment. This Section 5 applies if your use of the Services incurs a fee.
5.1. Fees. You agree to pay the costs and fees for all subscriptions or purchases you make on the Services, plus any applicable sales, use, excise, or other taxes (collectively, the “Fees”). Fee amounts are subject to change from time to time. You will pay any additional taxes as necessary to ensure that the net amounts received by FreshBuzzer after all such taxes are paid are equal to the amounts that FreshBuzzer would have been entitled to in accordance with these Terms as if the taxes did not exist. If you do not pay on time or if we cannot charge the payment method you have on file for any reason, FreshBuzzer reserves the right to either suspend or terminate your access to paid features on the Services. PAID FEES ARE NONREFUNDABLE.
5.2. Payment Method. You must maintain a valid payment method on file with us, which is securely stored and processed via a third-party PCI-DSS compliant payment processor. If your payment method is a credit card, we may seek pre-authorization of your account to verify that the credit card is valid and has the necessary funds or credit available to cover your Fees. You represent and warrant that the payment information you provide to us is accurate and you are using a form of payment that you are legally authorized to use. You agree that you are solely liable for any payment or credit card fraud, abuse or unauthorized use by you or others.
5.3. Authorization. You agree that we may charge your payment method on file with us for the Fees or other amounts due hereunder, as well as any sales and use taxes. If you select a subscription with automatically recurring payments, you authorize FreshBuzzer to periodically charge your payment method on a going-forward basis for all accrued sums and until cancellation of either the recurring payments or your account.
6. License Grant. FreshBuzzer hereby grants you a limited, non-exclusive, nontransferable, non- sublicensable, revocable license to access, download, install, and use the Services for your own personal, internal business (not to be commercialized) purposes, subject to these Terms. The Services are licensed to you, not sold. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel, or otherwise any ownership, license, or other grant of right to any copyright, trademark, or other intellectual property of FreshBuzzer or any third-party, except as expressly provided in these Terms. We reserve all rights not expressly granted in these Terms. The license granted in this section is in addition to any license that may be granted to you pursuant to another agreement between FreshBuzzer and you.
7. User Content. The Services may include features that enable you to post, upload, store, share, send, or display images, video, audio, data, text, comments, and other information and content (“User Content”) to and via the Services. You represent and warrant that you own your User Content or that you have all rights necessary to grant us a license to use your User Content as described in these Terms. You retain all rights to your User Content that you post to the Services. By making your User Content available on or through the Services you hereby grant to FreshBuzzer a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your User Content, in whole or in part, including your name and likeness, in any media.
You are responsible for your User Content. FreshBuzzer relies on accurate User Content to provide and improve our Services. Any attempts to submit inaccurate User Content to the Services is strictly prohibited. You represent and warrant that your User Content, the use and provision of your User Content on the Services, and your use of the Services will not (i) infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) be fraudulent, false, misleading, or deceptive; (iv) be defamatory, obscene, pornographic, vulgar, or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (vii) promote illegal or harmful activities or substances. FreshBuzzer may, in our sole discretion, alter, remove, or refuse to display any of your User Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your User Content to and via the Services.
8. Acceptable Use of the Services. You agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion thereof or use it in any manner not expressly authorized by these Terms. You agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities on the Services and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Services.
You further agree not to (i) upload any User Content or other data that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (ii) use or attempt to use another User’s account without authorization, or impersonate any person or entity; (iii) harvest, solicit, or collect information of other Users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (iv) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (v) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
If you take any of the above actions or violate these Terms, we reserve the right to cancel your User registration, suspend or terminate your access to or use of the Services, or take legal action.
9. Prohibited Acts. You are strictly prohibited from violating or trying to violate our security features, such as by (i) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (iii) attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (iv) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You hereby agree not to use any device, software, or routine to interfere, or try to interfere, with the proper working of our Services or any activity being conducted on the Services. You further agree not to use, or try to use, any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available via the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
10. Support. FreshBuzzer may provide technical support, upgrades, or modifications of the Services in FreshBuzzer’ sole discretion. FreshBuzzer may cease providing technical support, upgrades, or modifications of the Services at any time and for any reason without notice or liability to you. FreshBuzzer may release new versions of the Services and require you to use the new version of the Services. Your use of new releases or versions of the Services will be acceptance of all modifications of the Services. FreshBuzzer may, in our sole discretion, make specific instances or versions of the Services available to you for use in connection with the Services. We may terminate such access to the Services, in whole or as to certain features, functions, or services thereof, for convenience, at any time.
11. Compliance. You represent and warrant that (i) any information you submit to us is truthful and accurate; (ii) you will maintain the accuracy of that information; (iii) you have and will at all times maintain the right to provide all User Content provided by you hereunder; (iv) your User Content and any other materials you provide or submit to other Users or FreshBuzzer do not infringe the intellectual property or other rights of any third-parties or contain viruses, worms, malware or any other harmful scripts or code; and (v) your use of the Services and its features does not violate any applicable law.
12. Consent to Do Business Electronically. By using our Services in any manner, registering as a User, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you affirmatively consent to (i) FreshBuzzer communicating with you electronically; (ii) receiving all applications, notices, disclosures and authorizations (collectively, “Records”) from FreshBuzzer electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Site and keep them for your own reference. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at support@freshbuzzer.com. Agreements and transactions executed prior to this request will remain valid and enforceable.
13. Amendment. We may amend these FreshBuzzer Terms from time to time by updating this page as evidenced by revising the "Last Updated" date noted at the top of this posting. Once you accept these Terms, the then-current version shall apply each time you access or use of FreshBuzzer or freshbuzzer.com, as applicable.
14. Term and Termination. The term of these Terms starts on the first day you access or use FreshBuzzer and freshbuzzer.com or register as a User on FreshBuzzer, whichever is earliest, and continues until you discontinue all use of FreshBuzzer and freshbuzzer.com or until otherwise terminated as provided herein. If you purchase a subscription, unless otherwise stated at the time of subscription the subscription will automatically renew at the conclusion of each subscription term if you do not first cancel or change your subscription. You may terminate these Terms by notifying FreshBuzzer in writing at support@freshbuzzer.com and ceasing all use of FreshBuzzer and freshbuzzer.com. FreshBuzzer may terminate your access to all or any part of the FreshBuzzer Property at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your User account. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Informal Dispute Resolution. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against FreshBuzzer, you agree to try to resolve the Dispute informally by contacting support@freshbuzzer.com with the subject line: Dispute Resolution. FreshBuzzer will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or FreshBuzzer may bring a formal proceeding.