These terms of service (“Terms”) cover your use and access to our services, products and websites (“Services“). The Services are provided by Banzai International, Inc. (“Banzai“, “We”, or “Us”). Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services, and our Data Processing Agreement details governs processing of personal information. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, Acceptable Use Policy, and Data Processing Agreement.
Contents
Your Responsibilities
1. Using the Services. You’re responsible for your conduct. You agree that you will not (I) sell, resell, or lease the Services or (ii) reverse engineer the Services, nor attempt nor assist anyone else to do so, unless this restriction is prohibited by law. You further agree that you will comply with these terms and our Acceptable Use Policy. We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for your or anyone else’s use of the Services.
2. Applicable Law. You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 18 years old.
3. Your Data. You represent and warrant that you have the right to use all data that you submit to Banzai through the Services (“Submitted Data”), in and through the Services, under all applicable laws, and including obtaining any necessary consent to email or otherwise contact individuals through the Services (if applicable). You hereby grant Banzai the rights to the Submitted Data that are reasonably necessary for Banzai to provide the Services to you. This permission also extends to trusted third parties Banzai works with to offer the Services (e.g., a payment provider used to process payment of fees). You also represent and warrant that the Submitted Data is true and accurate to the best of your knowledge.
4. Keeping your Account Safe. If you have an account with us, safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.
Our Intellectual Property
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Banzai trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Using our Services for Your Organization’s Events
If you are using Banzai as part of an organization that purchased the Services for your use (“Your Organization”), you must use the Services in compliance with Your Organization’s terms and policies, these Terms may be overridden by Your Organization’s contract with Banzai, and your Banzai account is subject to Your Organization’s control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Banzai account. They may also be able to restrict or terminate your access to a Banzai account. You hereby grant Banzai the rights to Submitted Data that are reasonably necessary for Banzai to provide the Services to Your Organization.
Third-Party Services
If you use any third-party service that integrates with the Services (e.g., a service that uses a Banzai API), (a) we will not be responsible for any act or omission of the third party, including the third party’s access to or use of Submitted Data and (b) Banzai does not warrant or support any service provided by the third party.
Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that anything on the Site infringes on a copyright that you own or control you may file a notification of such infringement by emailing legal@banzai.io.
Termination and Suspension
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services if (a) you’re in breach of these Terms, (b) you’re using the Services in a manner that could cause a real risk of harm or loss to us or other users, (c) Your Organization’s account is terminated for any reason (if applicable), or (d) for any reason at any time.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, BANZAI AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
Beta Services
We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Banzai’s other services, so please keep that in mind.
Limitation of Liability
1. Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, BANZAI AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE BANZAI KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
2. Limitation on Amount of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, BANZAI’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED $20.
Resolving Disputes
1. Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Banzai, you agree to try to resolve the dispute informally by contacting legal@getbanzai.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Banzai may bring a formal proceeding.
2. Judicial Forum for Disputes. You and Banzai agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Seattle, Washington, subject to the mandatory arbitration provisions below. Both you and Banzai consent to venue and personal jurisdiction in such courts.
3. IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
1. We Both Agree To Arbitrate. You and Banzai agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
2. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first registering your account. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
3. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States, San Francisco (CA), or any other location we agree to.
4. Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Banzai will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Banzai will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
5. Exceptions to Agreement to Arbitrate. Either you or Banzai may assert claims, if they qualify, in small claims court in Seattle (WA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in King County, WWA to resolve your claim.
6. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Miscellaneous. Controlling Law
These Terms will be governed by the law of the state of Washington except for its conflicts of laws principles. Entire Agreement. These Terms constitute the entire agreement between you and Banzai with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. Waiver, Severability. Banzai’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Assignment. You may not assign any of your rights under these Terms, and any such attempt will be void. Banzai may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Modifications. We may revise these Terms from time to time. If you don’t agree to the updates we make, please stop using the Services. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.