These Terms of Service (“Terms”) regulate the access and utilization of the services provided by Locobuzz Solutions Private Limited, (“Locobuzz”, “We”, or “Us”, or “Our”), encompassing the website, applications, application plug-ins, and other services offered by Us (collectively referred to as the “Service”). Within these terms, individuals or entities using the Service or creating an account (“Account”) and their Authorized Users are collectively denoted as “Customers” while those visiting the “Website” which is accessible at https://www.locobuzz.com are referred to as “Site Visitors”. In these Terms, both Customers and Site Visitors are addressed as “You” and “Your” as applicable. These Terms are in addition to, and do not nullify, any other agreement between You and Us or any other applicable terms and conditions found on the Service. If You are a paid Customer (“Paid Customer”) and You and/or Your organization are bound by a Master Service Agreement with Locobuzz (“MSA”), then these Terms will apply, if at all, only to use of the Service to the extent such use is not already governed by the MSA.

1. Acceptance of Terms

   By using the Website, You agree to comply with these Terms, Our Privacy Notice, and Our Cookie Policy. Your use implies acceptance of these Terms; refrain if You disagree. We reserve the right, at Our discretion, to modify or discontinue the Service or these Terms, with or without notice. The latest version will be posted on the Service, so check periodically for changes. We are not liable for any modifications. Additionally, adhere to any posted guidelines, integral to these Terms. If You don’t agree to new Terms, refrain from using the Service.

2. About Locobuzz Locobuzz, among its various activities, specializes in providing Software as a Service (SaaS) and offers advanced technology solutions tailored for digital customer engagement, experience, service, and marketing using Artificial Intelligence (AI), Analytics, Big Data, and Automation. Locobuzz Solutions Private Limited is committed to continuous improvement to enhance user experience, services, and information. You acknowledge and agree that the services we offer may be updated or modified from time to time without prior notice.
3. Definitions For the purposes delineated within these Terms:

   “Authorized User” shall mean refer to any individual and/or legal person who has subscribed to Locobuzz’s services or is in the capacity of an employment with the Paid Customer otherwise subject to the direction and/or control of Paid Customer (including any agency partners,agents, channel partners whose services are employed by the Paid Customer) and who has been authorized pursuant to the terms of this Agreement to access and use the Locobuzz Platform.

   “Company” (referred to interchangeably as the “Company”, “We”, “Us” or “Our” within these Terms) signifies Locobuzz Solutions Private Limited, with its registered office located at 202, Krishanlal Marwah Marg, Marol, Andheri East, Mumbai, MH 400072.

   “Terms and Conditions” (also denoted as “Terms”) signify these Terms and Conditions, constituting the comprehensive agreement between You and the Company pertaining to the utilization of the Service.

   “Third-party Social Media Service” includes content and services provided by external parties, accessible through the Service, including platforms like Facebook, Youtube, Twitter, Instagram, and similar media channels. This also encompasses customer review sites, digital media portals, news, and online blogs, authorized for data collection by Locobuzz.

   “You” or “Your” means the user engaging with or employing the Service, or the organization, or other legal entity on behalf of which such user is utilizing the Service, as applicable.

   “Interactive Areas” means the designated sections of the Website where Customers can actively engage and furnish commentary on blogs or forums published on the site.

4. Eligibility
   

   By using the Service, You affirm that You’re at least 18 years old and have the legal capacity to enter into legal arrangement. If You’re agreeing on behalf of an organization, You confirm that You have the authority to do so. The terms “You” and “Your” in these Terms refer to that organization or entity.
   You may not access the Service if You’re Our direct competitor without Our consent. Additionally, refrain from using the Service for monitoring, benchmarking, or competitive purposes.

5. Locobuzz Account Registration
   

   When creating an account for the Service, you shall provide accurate information and keep it updated. You will receive a username and password, which must be safeguarded and not shared with others. You must notify Locobuzz immediately of any unauthorized use. You’re responsible for any activities under your Account. Locobuzz may suspend or terminate access if there’s a violation. You’re liable for any losses due to unauthorized use.

6. Free Trials
   

   We offer free trials for specific features with a 7-day trial period. Upon trial conclusion, access to certain features may end. During the trial, explore the Service, adhere to terms, offer feedback, ensure confidentiality, and comply with usage limits. We reserve the right to determine eligibility and end trials at Our discretion.

7. Fees; No Refunds
   

   We may charge fees for certain features, either on a one-time or a subscription basis (“Paid Services”). Locobuzz reserves the right to implement fees or change the fees for certain services at any time by providing you notice of a pricing change 60 days before the end of the/a prior term. If you purchase any Paid Services through credit card, you authorize Locobuzz payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) including all applicable taxes(.) If LocoBuzz does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and LocoBuzz may suspend your access to the Services. All sales are final and LocoBuzz will not issue refunds, including for prepaid yearly fees.

8. Intellectual Property Rights
   

   The Service, owned and operated by Locobuzz, contains proprietary materials protected by copyright, trademark, and other intellectual property laws. Except as expressly provided by Locobuzz, no part of the Service may be copied, reproduced, or distributed. You agree to abide by all applicable copyright laws and restrictions. The Service contains original works developed by Locobuzz and others, constituting valuable intellectual property. All rights to intellectual property remain the exclusive property of Locobuzz. Unauthorized use of trademarks, logos, or content is prohibited. Unauthorized reproduction or distribution, reverse engineering etc, of the Service is prohibited by law. Use of the Service for illegal purposes or by competitors without explicit consent is prohibited. Violation may result in termination of access and potential liability. By using the Service, You grant Locobuzz access to Your third-party social platform accounts, provided it’s authorized or public domain content. While We aim to comply with the DPDP, We are not responsible for third-party content or interactions. If You believe content on the Service infringes Your copyright, please contact legal@locobuzz.com.

9. Confidential Information
   

   “Confidential Information” encompasses sensitive data shared between parties (“Disclosing Party” and “Receiving Party”), verbally or in writing, marked or reasonably understood as confidential. This includes Your data, Agreement terms, order forms, business plans, technology details, product designs, and operational processes, except for information that: (i) is or becomes public knowledge without breaching any obligation to the Disclosing Party; (ii) was already known to the Receiving Party prior to disclosure without breaching any obligation to the Disclosing Party; (iii) is obtained from a third party without breaching any obligation to the Disclosing Party; or (iv) is independently developed by the Receiving Party. To safeguard Confidential Information, the Receiving Party agrees to: (i) handle it with at least the same level of care as its own confidential data, but not less than reasonable care; (ii) limit the use of Disclosing Party’s Confidential Information to the scope of this Agreement; and (iii) restrict access to employees, contractors, and agents who require it for Agreement-related purposes, subject to agreements with similar protections. Neither party shall disclose the terms of this Agreement or any order form to third parties without the other party’s consent.

10. Cookies and Type of Data We collect:
    

    When accessing Our website, please be aware that We may use cookies to collect and store information on Your browser. These cookies, typically small pieces of data, are employed to personalize Your browsing experience and improve the functionality of Our site. While these cookies do not directly identify you, they enhance Your interaction with Our website by aligning with Your preferences and device specifications. We respect Your privacy and provide options for managing cookie settings through Our banner. However, disabling certain types of cookies may affect Your overall site experience and the services We offer. Our use of cookies, both first-party and third-party, serves various purposes including technical operations, user tracking, and targeted advertising. While some cookies are essential for the website to function properly, others help Us understand user interests and optimize their experience. Third-party cookies, such as those for advertising and analytics, enable additional features or functionalities on Our website. To understand how we use cookies and your data in detail, please refer to our Privacy Policy.

    The email address You provide may be used to send You information, respond to inquiries, and/or other requests or questions, including marketing and promotional updates and/or information regarding software updates.

11. How We protect Your information:
    

    At LocoBuzz, the security of your Personal Information is paramount. We utilize industry-standard technical, organizational, and administrative security measures to protect all information, including “Personal Information”, from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Our employees and staff with access to Personal Information undergo comprehensive training and are bound by statutory or contractual confidentiality obligations, ensuring compliance with LocoBuzz’s stringent access control policies. We retain Personal Information only as long as necessary for the purposes for which it was collected, for legitimate business needs, or to fulfill legal obligations.

12. Responsibilities
    

    Our Responsibilities:

    We are committed to upholding the highest standards of service excellency and providing basic support for the purchased Locobuzz services to You at no additional charge. We will endeavor to ensure that LocoBuzz’s support is available 24/7, except for planned downtime (for which We will give at least 8 hours’ notice via email and schedule during weekends from 6:00 P.M. Saturday to 3:00 A.M. Monday IST) or any unavailability due to circumstances beyond Our control, such as acts of God, government actions, natural disasters, civil unrest, acts of terror, strikes, Internet Service Provider or Third-party Social Platform downtime or delays, or denial of service attacks.

    Your Responsibilities:

    You hereby represent and warrant to Locobuzz that: (a) You have all requisite rights and authority to use the Service under these Terms and to grant all applicable rights herein; (b) You are responsible for all use of the Service associated with its Account; (c) You are solely responsible for maintaining the confidentiality of its Account names and password(s); (d) You agree to immediately notify Locobuzz of any unauthorized use of Your Account of which You becomes aware; (e) You agree that Locobuzz will not be liable for any losses incurred as a result of a third party’s use of Your Account, regardless of whether such use is with or without Your knowledge and consent; (f) You will use the Service for lawful purposes only and subject to these Terms; (g) any information You submit to Locobuzz is true, accurate, and correct; and (h) You will not attempt to gain unauthorized access to the System or the Service, other Accounts, computer systems, or networks under the control or responsibility of Locobuzz through hacking, cracking, password mining, or any other unauthorized means.

13. User Guidelines Prohibited Activities:
    

    You may not engage in any illegal activity or violate federal, state, or local laws or regulations. Advocating or discussing illegal activities with the intent to commit them is expressly forbidden. You must respect the rights of third parties, including privacy, copyright, trademark, patent, and trade secret rights. Content posted must not be harmful, abusive, harassing, defamatory, sexually explicit, discriminatory, or otherwise objectionable. You must not interfere with others’ use of the Service or impersonate another person or entity. Commercial activities violating these Terms, such as spamming or organizing contests, are not permitted. Unauthorized access to accounts, distributing viruses, disrupting functionality, or soliciting personal information is strictly prohibited. Decompiling, reverse engineering, or circumventing security features is not allowed. Violating robot exclusion headers, modifying, copying, or commercializing materials without permission is prohibited. Using the Service for benchmarking or competing products is not allowed. Distributing or reproducing Service content without permission is strictly prohibited. Unauthorized access to third parties or allowing competitors access is forbidden. Framing or altering the Service’s display is not allowed. You may revoke access to third-party social media accounts at any time.

14. Privacy
    

    You acknowledge that We are not obligated to monitor Your or anyone else’s access to or use of the Service for violations of these Terms, or to review or edit any content. However, We reserve the right to do so to operate and improve the Service, including fraud prevention, risk assessment, investigation, customer support, analytics, and advertising. We may also ensure Your compliance with these Terms and applicable laws, or comply with legal orders or requirements. Your information provided to Us or collected by Us will be used and protected as described in the Locobuzz Privacy Policy. You acknowledge and agree that We may access, preserve, or share Your information when reasonably necessary to investigate, prevent, or take action regarding possible illegal activities, or to comply with legal processes. We may also share Your information to protect the rights, property, and safety of Locobuzz, Our employees, users, or the public, including sharing with law enforcement, government agencies, courts, or other organizations.

15. Customer Data
    

    You are responsible for the data and information that You or Your Authorized Users input or upload into the Service (“Customer Data”). You must obtain any necessary rights and licenses for the use of Customer Data as contemplated in these Terms. By using the Service, You confirm that You have the legal right and authority to access, use, and disclose Customer Data to Locobuzz. You authorize Locobuzz to access, process, and use Customer Data as necessary to fulfill its obligations under these Terms and provide the Service to You. You and Your Authorized Users acknowledge that Locobuzz may process Customer Data in accordance with the Locobuzz Privacy Policy.

16. Termination
    

    These Terms remain in effect until terminated by either party. You may end your use of the Service at any time by discontinuing its use. Locobuzz reserves the right to terminate or suspend your access to the Service or your account at our discretion, including for breach of these Terms. If these Terms expire or are terminated: (a) any accrued liabilities to Locobuzz will survive; (b) licenses and use rights granted to you will immediately end; (c) Locobuzz’s obligation to provide further services will cease, except as expressly stated otherwise. Certain provisions, such as payment obligations, limitations of liability, and intellectual property rights, will survive termination. The rights of the parties at termination, and provisions expressly stated to survive termination, will not be affected.

17. Third-Party Content
    

    We may provide links to third-party websites, services, or resources, but we do not endorse or guarantee the quality, suitability, functionality, or legality of any third-party content. You acknowledge that any dealings with third parties found on or through the Service are solely between You and those third parties. We are not responsible for any loss or damage resulting from such dealings or the presence of third-party links on the Service.

18. Warranties and Disclaimers
    

    This disclaimer is an integral part of these Terms. You acknowledge that your use of the Service is at your sole risk. The Service is provided on an “as is,” “with all faults,” and “as available” basis without any warranty of any kind, whether express, implied, statutory, or otherwise. Locobuzz does not warrant that the Service will function without interruption, meet your requirements, be free of malicious code, errors, or omissions, or guarantee the security of transmitted information. You are advised to safeguard your data and use caution when relying on the Service.

    Locobuzz utilizes AI technology to offer its services, aiming for accuracy but cannot guarantee it due to data dynamics and AI limitations. Users should exercise discretion and verify information independently. We continually enhance our AI algorithms based on user feedback. Locobuzz and its affiliates are not liable for any damages resulting from the use of our services. Users are responsible for compliance with laws and verifying information’s accuracy. By using our services, users agree to these terms.

19. Indemnification
    

    You agree to defend, indemnify, and hold us, Our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any third-party claims, liability, damages, and costs (including attorneys’ fees) related to: (a) Your use of the Service; (b) violation of these Terms by You or Your authorized Account user(s); (c) infringement of any intellectual property or other right by You; (d) the nature and content of all Customer or Paid Customer data processed by the Service; or (e) any products or services purchased in connection with the Service. Locobuzz has the exclusive right to settle any claims without Your prior consent and may assume the defense of any matter for which You are required to indemnify Us, at Your expense. You agree not to settle any matter without Our consent and We will notify You of any claims against Us.

20. Limitation of Liability
    

    To the fullest extent permitted by applicable law, Locobuzz shall not be liable to you or any third parties for any damages, including but not limited to direct, indirect, punitive, special, incidental, consequential, or exemplary damages, arising from your use of the Service, this Agreement, or any violation by you of any laws or regulations. This includes damages for loss of business profits, business interruption, or loss of data or information. Regardless of the type of claim or cause of action, including breach of contract or negligence, Locobuzz’s total aggregate liability to you will not exceed the greater of 50% (Fifty percentage) or the amounts paid by you to Locobuzz in connection with the Service in the 6 (Six) months’ period preceding the event giving rise to your claim.

21. General
    

    (a) You and Locobuzz are independent contractors and not agents or representatives of each other. These Terms do not create a joint venture, partnership, or franchise relationship. Non-parties do not benefit from or enforce these Terms. You must not represent yourself as an agent of Locobuzz without written authorization.
    (b) You agree to receive all communications, agreements, and notices related to the Service electronically. This includes email, text, in-product notifications, or postings on the Service. Electronic communications satisfy any legal requirement for written communications.
    (C) You may not assign Your rights or obligations under these Terms without Locobuzz’s written consent. Locobuzz may freely assign its rights and obligations without notice to You.
    (d) Neither party is liable for any failure or delay in performance due to events beyond their control, including but not limited to denial-of-service attacks, strikes, or acts of God. The affected party will notify the other party promptly and resume performance as soon as possible.
    (e) These Terms are governed by the laws of the Republic of India. Any disputes will be exclusively decided by a court in Mumbai, India.
    (f) These Terms constitute the complete agreement between You and Locobuzz regarding the Service. They supersede all previous oral and written communications and disclaim reliance on them. Any additional terms are rejected unless explicitly agreed upon in writing.
    (g) You acknowledge that the Service is subject to Indian export control and sanctions laws. You represent that You are not located in an embargoed country and are not listed on any prohibited or restricted parties list.
    (h) Waiver of any breach of these Terms does not waive other breaches. Failure to enforce any provision does not waive the right to enforce it later.
    (i) If any part of these Terms is found to be illegal or unenforceable, the remaining parts remain in full force and effect. Material limitations on licenses terminate if found illegal or unenforceable.

22. How to Contact Us
    
    If You have any questions or concerns about the Service or these Terms, please contact Us at support@Locobuzz.com