Terms of Service

Terms of Use

Effective Date: Oct 24, 2021

Welcome to Zedbud! These Terms of Service ("Terms") govern your use of our website (www.zedbud.com), applications, products, and services (collectively, "Services"). These Terms form a binding agreement between Novis River, Inc. ("Zedbud," "we," "us," or "our") and you, the user ("User," "you," or "your").

By accessing or using our Services, you agree to these Terms. If you do not agree, you must not use the Services.

Eligibility: The Zedbud Services are intended for use by individuals who are at least 18 years old. If you are under 18, you may only use the Services under the supervision of a parent, legal guardian, teacher, or school official, and with their consent to these Terms of Service. By permitting a minor to access or use the Services, the supervising adult represents and warrants that they have reviewed and agree to these Terms on the minor's behalf.

Purpose: Our platform is exclusively for education-related communication and services. Information shared on this platform may be accessible to your connected school or organization.

1. Modifications to Terms

We may update these Terms as we improve our Services. Your continued use of the Services after any changes constitutes your acceptance of the new Terms. If you disagree with any changes, you must stop using the Services and cancel your account. We may also modify, suspend, or discontinue any part of the Services at any time

2. Your Account and Responsibilities

Account Creation: To use our Services, you must register for an account using your email address or phone number and create a password. You agree to provide accurate, complete, and current information.

Account Security: You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. Notify us immediately at info@zedbud.com of any unauthorized use of your account. We are not liable for losses due to your failure to secure your account. Your account is non-transferable without our written permission.

Prohibited Activities: You agree not to engage in any activities that are unlawful, harmful, or interfere with the proper functioning of the Services. This includes, but is not limited to:

Sharing misleading, unlawful, or abusive content.
Stalking, harassing, or inciting violence.
Violating any intellectual property rights.
Jeopardizing account security or attempting to gain unauthorized access to other accounts or systems.
Using automated means to access or scrape content.
Introducing viruses or other harmful code.
Impersonating any person or entity.
Interfering with other users' enjoyment of the Services.

We reserve the right to investigate and terminate accounts that violate these Terms.

3. Content

3.1 Our Content and Intellectual Property

All materials provided by Zedbud on the Services, including but not limited to software, design, text, graphics, data, articles, photos, images, illustrations, audio clips, video clips, user interfaces, and the "Zedbud" name, logo, and trademarks (collectively, "Our Content"), are the exclusive intellectual property of Novis River, Inc. or its licensors. Our Content is protected by copyright, trademark, patent, and other intellectual property laws in the United States and internationally.

You acknowledge and agree that Our Content is provided for your personal, non-commercial use only in connection with your permitted use of the Services. You may not copy, modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly permitted herein), create derivative works from, distribute, publicly perform, publicly display, or in any way exploit any of Our Content in whole or in part without our prior written consent.

Any unauthorized use of Our Content may violate intellectual property laws and these Terms, and may result in legal action. All rights not expressly granted to you are reserved by Zedbud.

3.2 Your Content ("User Submissions") and Licenses

Any unauthorized use of Our Content may violate intellectual property laws and these Terms, and may result in legal action. All rights not expressly granted to you are reserved by Zedbud.

You retain all ownership rights in your User Submissions. By submitting User Submissions, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and use such User Submissions as part of the Services, and to grant Zedbud the licenses described below.

You hereby grant Zedbud a non-exclusive, worldwide, royalty-free, fully paid, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Services and Zedbud's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. This license is granted for the purpose of providing and improving the Services and does not grant Zedbud any ownership interest in your User Submissions.

3.3 Licenses Granted by Educational Institutions (for School Data)

If you are an educational institution (e.g., a school or school district) providing "School Data" (as defined in Section 6, Privacy Policy) to Zedbud, you represent and warrant that you have obtained all necessary consents, rights, and licenses from your students, parents/guardians, and employees to permit Zedbud to process and use such School Data in accordance with these Terms and Zedbud's Privacy Policy.

You grant Zedbud a limited, non-exclusive, non-transferable, royalty-free license to access, collect, store, transmit, and process School Data solely for the purpose of providing the Services to your institution and its authorized users, and as otherwise permitted by our Privacy Policy and applicable law (including FERPA). This license automatically terminates upon the expiration or termination of your subscription or agreement with Zedbud, subject to any necessary data retention periods as outlined in our Privacy Policy.

3.4 Copyright Notices and Enforcement

Zedbud respects the intellectual property rights of others and expects its users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide Zedbud with the following information required by the Digital Millennium Copyright Act (DMCA):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Zedbud to locate the material.
Information reasonably sufficient to permit Zedbud to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Zedbud can be reached as follows: info@zedbud.com

Zedbud reserves the right to remove Content alleged to be infringing without prior notice and at its sole discretion. Zedbud may also terminate a user's account if the user is determined to be a repeat infringer.

4. Subscription Terms

Fees and Payment: Zedbud charges fees for certain Services. You agree to pay all applicable fees as described during account registration or in your Order Form. Your obligation to pay continues until the end of your subscription period, subject to our cancellation terms.

Payment Method: You authorize Zedbud to charge your designated payment method for all incurred fees.

Third-Party Services: Some Services may involve third-party products or services with their own terms, conditions, and fees. Your use of such services is subject to their policies, and any information you provide to them will be governed by their privacy policies.

Usage Charges: You are solely responsible for any charges incurred from your mobile or internet service provider due to your use of the Services (e.g., data or SMS fees).

Premium Plans: Information about Zedbud's Premium Plans for schools and districts can be obtained by contacting sales@zedbud.com.

5. Subscription Term, Renewal, and Termination

Subscription Term

Unless otherwise specified in an executed Order Form or written agreement with Zedbud, all paid subscriptions to the Services are provided for a fixed term of one (1) year (the “Subscription Term”). At the conclusion of the Subscription Term, the subscription will expire unless renewed by mutual written agreement between you and Zedbud.

Renewal Process

Prior to the expiration of your Subscription Term, Zedbud will provide written notice outlining available renewal options, including applicable subscription fees and updated terms, if any. Renewal of the Services is subject to your acceptance of the renewal terms and the execution of a new Order Form or written agreement.

Termination by You

You may terminate your paid subscription to the Services at any time by providing at least thirty (30) days' prior written notice to Zedbud. Termination prior to the end of the Subscription Term does not relieve you of your financial obligations for the full Subscription Term, and no refunds will be issued for prepaid fees, unless otherwise required by law or explicitly stated in a separate agreement with Zedbud.

Termination by Zedbud

Zedbud may suspend or terminate your access to the Services immediately upon written notice if you materially breach these Terms and fail to cure such breach within ten (10) days of notice. Zedbud may also terminate your subscription at the conclusion of the Subscription Term by providing written notice of non-renewal.

Effect of Termination

Upon the expiration or termination of your subscription, your access to the Services will cease, and any licenses granted under these Terms will automatically terminate. You remain responsible for all fees accrued up to the effective date of termination.

6. Privacy Policy

Your privacy is important to us. Our Privacy Policy (available at www.zedbud.com/privacy) details how we collect, use, and protect your personal information. By using our Services, you agree to the terms of our Privacy Policy.

Key Privacy Aspects:

Data Ownership and Control: Zedbud acknowledges that all educational records, personal data, and other information provided to Zedbud by schools, school districts, or users in connection with the Services ("School Data") remain the exclusive property of the respective educational institution or individual, as applicable. Zedbud acts as a trusted service provider and data processor on behalf of the educational institutions and users.

FERPA and GDPR Compliance: Zedbud is committed to handling School Data and personal information in full compliance with applicable privacy laws, including the Family Educational Rights and Privacy Act (FERPA) in the United States and the General Data Protection Regulation (GDPR) in the European Union, to the extent these laws apply.

Subprocessor Management: Zedbud may engage subprocessors to support the operation and delivery of the Services. All subprocessors engaged by Zedbud undergo appropriate due diligence to ensure they meet or exceed applicable legal, security, and privacy standards, including those set forth by FERPA, GDPR, and other relevant data protection laws. A current list of subprocessors is available upon written request. Zedbud requires all subprocessors to enter into written agreements that impose equivalent obligations for safeguarding personal data as those set forth in this Agreement.

Data Collection: We collect information you provide during registration, your usage data, and information shared in educational communications.

Information Sharing: Information shared on the platform is accessible to your connected school or organization. We only share personally identifiable information in accordance with our Privacy Policy.

Third-Party Services: When you use third-party services integrated with Zedbud, their privacy policies will govern the information you provide to them.

Security Breaches: In the event of a security breach involving personally identifiable information, we will notify affected users or post a notice as required by applicable law.

Consent for Communications: By signing up, you consent to receive communications from Zedbud, as well as from class/group organizers and participants (e.g., via SMS, email, push notifications). You represent and warrant that anyone you invite or add to the Services has consented to receive communications from you and Zedbud.

7. Accessibility & User Roles

These Terms apply to all users, with additional terms based on user type (e.g., free vs. paid).

Participants (Students, Teammates, Parents): If you are invited to a class or group, you are a Participant. If under 18, your parent(s) or supervising adult must agree to these Terms. Organizers and other Participants may view your information and User Submissions. If connected to an Organization with a Zedbud Plan, Verified Administrators can view and edit your contact information and manage your class/group affiliations.
Organizers (Teachers, Coaches, Administrators): If you manage a class or group, you are an Organizer. You can invite and add Participants and other Organizers and communicate with them. You are responsible for maintaining accurate Participant lists. If connected to an Organization with a Zedbud Plan, you may receive additional privileges, including access to information and User Submissions of Participants and other Organizers.
Organizations (Schools, Districts, Clubs, Teams): If you are agreeing to these Terms on behalf of an Organization, you are responsible for maintaining accurate information and promptly removing unaffiliated users.
Verified Administrators (School/District Staff with Admin Rights): If Zedbud verifies you as an administrator for an Organization with a paid plan, you may invite/add users, manage users and information, join classes/groups, communicate with users, access/manage information and User Submissions, and view contact information of users connected with your school/district.

Your Responsibility for Consent: If you invite or add anyone to Zedbud or use features requiring personal information sharing, you represent and warrant that you have obtained freely given informed consent from each person to:

Receive the invitation and be added to the Services.
Receive messages from Zedbud, other participants, and those with access to the class/group.
Provide their personal information to Zedbud.

8. Third-Party Services and Disputes

Third-Party Links: The Services may contain links to third-party websites, products, or services ("Third-Party Services"). Zedbud does not control or endorse Third-Party Services and is not responsible for their content, accuracy, or privacy practices. Your use of Third-Party Services is at your own risk.

User Interactions: Your interactions with other organizations or individuals found through the Services, including payments and transactions, are solely between you and them. Zedbud is not responsible or liable for any loss or damage from such dealings.

Dispute Resolution: In the event of a dispute between Zedbud users or between users and any third party, Zedbud is not obligated to get involved. You release Zedbud, its officers, employees, agents, and successors from any claims, demands, and damages arising from such disputes.

9. Governing Law and Severability

These Terms are governed by the substantive laws of the State of Delaware, United States of America. If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect

10. Disclaimers and Warranties

Use of the Services is at Your Sole Risk. The Services and all content, information, materials, and products provided therein are offered on an "as is" and "as available" basis, without any warranties or conditions of any kind, whether express or implied.

Zedbud disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, secure, or available at all times or locations of your choosing.

While we strive for accuracy, Zedbud does not guarantee the completeness, reliability, timeliness, or accuracy of any information or materials found on the Services, especially content compiled from third-party sources or contributed by users. You acknowledge that such information may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Zedbud has no special relationship with, or fiduciary duty to, you. We have no control over the content you access, its effect on you, or how you interpret or use it. You release Zedbud from all liability for having acquired or not acquired content through the Services.

Any suggestions or recommendations of services or products (including content provided by users) offered or purchased through the Services are provided without warranties or conditions of any kind. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

11. Limitations of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL ZEDBUD OR ITS SUPPLIERS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR:

Any special, incidental, indirect, punitive, or consequential damages arising from your use of the Services.
Any amount exceeding the aggregate monies actually paid to Zedbud by you for the Services during the twelve (12) months immediately preceding the event giving rise to such liability.

If a jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, Zedbud's liability in such jurisdictions shall be limited to the fullest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold Zedbud, its parents, subsidiaries, affiliates, officers, directors, employees, and agents harmless (including, without limitation, from all damages, liabilities, settlements, costs, and reasonable attorneys' fees) from any claim or demand made by any third party due to or arising out of:

Any breach by you of these Terms.
Your access to or use of the Services.
The infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Any claims for slander, defamation, violation of any moral or artistic rights, invasion of privacy, or violation of the right to publicity or any other personal or proprietary right related to your use of the Services. You hereby waive, release, and discharge Zedbud and agree to hold Zedbud harmless from any liability for such claims.

13. Contact and Feedback

If you have any questions, concerns, or feedback regarding the Services, including reporting violations, please contact us at info@zedbud.com. Any feedback you provide about the Services will be considered non-confidential and Zedbud will be free to use it without restriction or compensation to you. You acknowledge that Zedbud is not responsible for content provided by other users, even if offensive. Please exercise caution while using the Services.

14. General Provisions

Our failure to exercise any right under these Terms will not be deemed a waiver of further rights. Zedbud will not be liable for performance failures due to causes beyond its reasonable control (e.g., mechanical or electronic failures). If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. These Terms constitute the entire agreement between you and Zedbud regarding the Services, superseding all prior communications.