Bezi Terms of Service
Last Updated: October 25, 2024
Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://bezi.com/privacy-policy) (“Privacy Policy”) carefully because they govern your use of the website at https://bezi.com/ and any other websites that we may own or operate and link to, or are otherwise subject to, these Terms (each, a “Site,” and collectively, the “Sites”) and the collaborative design and development software platform and services accessible via the Sites and corresponding hosted applications or other downloadable applications (“App”) offered by Bezi, Inc. (“Bezi”). To make these Terms easier to read, the Sites, our services (including the Bezi Library, as defined below) and App are collectively called the “Services”.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS WHO ARE INDIVIDUALS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BEZI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION FOR INDIVIDUALS” BELOW FOR DETAILS REGARDING ARBITRATION.
If you are using Bezi Services in the course of your work for an entity or organization that has a master service agreement with Bezi in effect, then such master service agreement controls in the event of a conflict with these Terms.
Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
Privacy Policy. Please review our Privacy Policy at https://bezi.com/privacy-policy, which also governs your use of the Services, for information on how we collect, use and share your information.
Changes to these Terms or the Services. We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Sites, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Eligibility. You may use the Services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law. For certain features of the Services you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. Additionally, Bezi will have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services, and related systems and technologies, and Bezi will be free (during and after the term of these Terms) to use such data and information to maintain, improve, and enhance any products or services.
Subscriptions. Bezi requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. Services are offered under different plans, the limits and features of which are available at https://www.bezi.com/pricing.
General. When you purchase a subscription to use the Services (a “Subscription,” and such purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
Subscriptions. If you purchase a Subscription, you will be charged the annual or monthly Subscription fee (as applicable), plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each year or month thereafter (as applicable), at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE BEZI TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each year or month (as applicable) on the annual or monthly (as applicable) anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. If you purchased an annual Subscription, no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, Bezi will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Bezi. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
Canceling Subscription. YOUR PURCHASE IS FINAL. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You can cancel your Subscription through the Services interface or by sending an email to support@bezi.com. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
Ownership and Licenses.
Bezi’s Ownership. Subject to the limited rights expressly granted under these Terms, Bezi and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Right to Use the Services. Subject to your compliance with the terms and conditions of these Terms, Bezi grants you a limited, non-exclusive, non-transferable right to access and use the Services solely for your personal or commercial purposes (depending on your account type).
Bezi Library. Bezi makes available through the Services a library (the “Bezi Library”) of designs, virtual objects, models, templates of scenes and other resources (the “Resources”) created by or on behalf of Bezi (collectively, “Bezi Resources”), which you may choose to use to create your own User Materials (as defined below). Subject to your compliance with the terms and conditions of these Terms, Bezi grants you a limited, non-exclusive, non-transferable right to access, use, copy and modify the Bezi Resources solely in connection with your permitted use of the Services, including to create User Materials. You acknowledge that certain Bezi Resources may have been developed using Bezi or third-party artificial intelligence, machine learning or similar tools (“AI Functions”). Bezi and/or its licensors exclusively own all right, title, and interest in and to the AI Functions, including all associated intellectual property rights.
Your Marks. You hereby grant Bezi a limited, non-exclusive, royalty-free license to use and display your name, designated trademarks and associated logos (“Your Marks”) during the term of these Terms in connection with (i) the hosting, operation and maintenance of the Services, and (ii) Bezi’s marketing and promotional efforts for the Services, including by publicly naming you as a customer of Bezi and in case studies. All goodwill and improved reputation generated by Bezi’s use of Your Marks inures to your exclusive benefit. Bezi will conform to and observe such standards as you prescribe from time to time in writing in connection with Your Marks.
User Materials and Data.
User Materials. As used in these Terms, “User Materials” means any materials and information (including files, code, documents, graphics, images, designs, and models) that you submit into or otherwise make available through the Services, or create using the Services, excluding any Bezi Resources and Feedback. Bezi does not claim any ownership rights in any User Materials and nothing in these Terms will be deemed to restrict any rights that you may have to your User Materials. When you provide User Materials for use with AI Functions, you will receive output generated and returned by the AI Functions ("AI Content").
Permissions to Your User Materials. By making any User Materials available or creating User Materials through the Services you hereby grant to Bezi a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to (i) use and copy your User Materials as needed to operate the Services; and (ii) modify and create derivative works based upon your User Materials in response to your support requests or otherwise upon your request, or as necessary for proper display on the Services or for marketing and promotional purposes; in each case, in connection with operating, providing and improving the Services. Bezi may also use your User Materials in connection with Bezi’s marketing and promotional efforts for the Services, only with your express consent. You expressly acknowledge and agree that we may share your User Materials with third party services to perform the AI Functions, and that we expressly disclaim any and all liability in connection therewith.
Your Responsibility for User Materials. You are solely responsible for all your User Materials. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Materials under these Terms.
Specific Output Terms. Certain features of the Services may be used to generate automated Resources (each, “Output”) in response to the input provided by you (collectively, “Input”). As between you and Bezi, to the extent permitted by applicable law and subject to Section 8.1, (i) you own all Input provided by you, and (ii) subject to your compliance with these Terms, Bezi assigns to you all its right, title and interest in and to the Output generated by your Input. Bezi may use, display and modify Input and Output to provide, maintain, develop and improve the Services, to enforce these Terms and to comply with applicable law. Due to the nature of machine learning, Output may not be unique and the Services may generate the same or similar output for you or a third party. Given the probabilistic nature of machine learning and AI Models, the Services may in some situations produce output that is inaccurate, incorrect, offensive, or otherwise undesirable. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, BEZI WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGE RELATING TO OR ARISING FROM INPUT, THE OUTPUT OR THEIR USE. You are responsible for evaluating the content, nature, and accuracy of any Output as appropriate for the applicable use case, including by using human review of the Output.
Removal of User Materials. You can remove your User Materials by specifically deleting them. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Materials.
Input and Usage Data. Bezi reserves the right to collect, use, and share select Input and Usage data to provide and improve the Services, comply with applicable law, and enforce Bezi Policies. As explained in our Privacy Policy (https://www.bezi.com/privacy-policy), which is part of the Terms, if a Service leverages Third-Party-Service, all Input and Usage information shared while using the Service(s) is subject to the Third-Party-Service’s Terms and Privacy Policy. While we do not use your User Materials to train, develop, enhance or improve any large language models or other foundational models of our own [or of any third parties], we may nonetheless use anonymized, aggregate usage and system data from the Services and AI Functions for any business purpose. If you want to understand what Third-Party-Services are leveraged in a Service, you can check the Subprocessor list at https://bezi.com/subprocessors and/or email support@bezi.com.
Rights and Terms for Apps.
App License. If you comply with these Terms, Bezi grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal or commercial purposes (depending on your account type). Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
Additional Information: Apple App Store. This Section 10.2 applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
General Prohibitions and Bezi’s Enforcement Rights. You agree not to do any of the following:
Post, upload, publish, submit or transmit any User Material, Input or Output or use the Services to create or distribute any User Material or Output, that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Services or any individual element within the Services, Bezi’s name, any Bezi trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Bezi’s express written consent;
Access, tamper with, or use non-public areas of the Services, Bezi’s computer systems, or the technical delivery systems of Bezi’s providers;
Attempt to probe, scan or test the vulnerability of any Bezi system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Bezi or any of Bezi’s providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Bezi or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Bezi trademark, logo URL or product name without Bezi’s express written consent;
Use the Services, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Bezi is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Materials, AI Content and Output, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Copyright and IP Policy. Bezi respects copyright law and expects its users to do the same. It is Bezi’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. See Bezi’s Copyright and IP Policy at https://bezi.com/copyright-policy for more information.
Links to Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time through the Services interface or by sending an email to support@bezi.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7.1, 7.2, 7.3 (only for payments due and owing to Bezi prior to the termination), 8.1, 9.2, 9.3, 9.4, 11, 14, 15, 16, 17, 18, 19, 20 and 21.
Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OBTAINED, INCLUDING OUTPUT, THROUGH USING BEZI’S AI FUNCTIONS WITHIN THE SERVICES IS AT YOUR SOLE RISK. DO NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENT FACT-CHECKING. DO NOT RELY ON INFORMATION, CONTENT, MATERIALS, OR WORKFLOWS/PROCESSES IN OUTPUT FROM THE AI FUNCTIONS WITHOUT INDEPENDENT REVIEW OF FUNCTIONALITY AND SUITABILITY FOR YOUR NEEDS. NO SUCH INFORMATION, SUGGESTIONS, OR OUTPUT, OBTAINED BY YOU FROM BEZI’S AI FUNCTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
Indemnity. You will indemnify and hold Bezi and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Materials, Input or Output or (c) your violation of these Terms.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BEZI NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEZI OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BEZI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO BEZI FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BEZI, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BEZI AND YOU.
Governing Law. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws, and, if applicable, provisions the Federal Arbitration Act and federal arbitration law.
Dispute Resolution for Individuals. This Section 19 applies to you if you are individual:
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Bezi agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Bezi are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions. As limited exceptions to Section 19.1: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section 19.2, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND BEZI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of Sections 19.1-19.7 shall be null and void.
Severability. With the exception of any of the provisions in Section 18(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Forum Choice. The exclusive jurisdiction for all any Dispute that you and Bezi are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Bezi each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution for Legal Entities. This Section 20 applies to you if you are a company or other legal entity. The exclusive jurisdiction for any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be the state and federal courts located in the Northern District of California, and you and Bezi each waive any objection to jurisdiction and venue in such courts.
General Terms.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Bezi and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Bezi and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Bezi’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Bezi may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Bezi under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Bezi’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bezi. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Bezi at support@bezi.com.