Terms of Use & Confidentiality Agreement

1. ACCEPTANCE OF TERMS

By signing up and accessing BuzzGage, the individual user ("Administrator") acknowledges that they are an authorized representative of their educational institution ("School") and have the legal authority to agree to this Terms of Use & Confidentiality Agreement ("Agreement") on behalf of the School.

This Agreement is entered into between:

BuzzGage ("Company"), an AI-powered education insights provider, and
The School ("Institution"), which is enrolling to use BuzzGage for measuring student engagement and deriving actionable insights.

By accepting this Agreement, the Administrator and the School collectively agree to the terms governing platform access, confidentiality, data usage, and promotional rights.

2. PLATFORM ACCESS & USAGE

BuzzGage grants the School a non-exclusive, limited right to use the platform for educational insights and analytics purposes.

The School agrees that access is for internal institutional use only and may not be resold, sublicensed, or used for commercial purposes outside of education.

The School is responsible for ensuring that only authorized personnel access BuzzGage under its account.

3. CONFIDENTIALITY & TECHNOLOGY PROTECTION

3.1 Definition of Confidential Information

For the purpose of this Agreement, "Confidential Information" includes, but is not limited to:

BuzzGage’s technology, AI models, methodologies, proprietary algorithms, features, and pricing.

Any platform documentation, dashboards, analytics, or reports generated through BuzzGage.

Any non-public or proprietary information disclosed by BuzzGage to the School.

3.2 Confidentiality Obligations

The School agrees not to disclose, share, or reproduce any Confidential Information with third parties without prior written consent from BuzzGage.

Screenshots, reports, and insights generated from BuzzGage may not be shared externally without BuzzGage's approval.

The School must not attempt to reverse engineer, replicate, or create derivative works based on BuzzGage’s technology.

These confidentiality obligations remain in effect for three (3) years beyond the termination of platform access.

4. DATA PRIVACY & SECURITY

BuzzGage adheres to GDPR, KVKK, and other applicable data protection laws to safeguard institutional and student data.

4.1 Data Collection & Anonymity

BuzzGage does not collect identifiable student data (e.g., names, emails, IDs).

All student insights remain anonymous and aggregated to ensure privacy.

BuzzGage does not store identifiable school data, and institutions remain anonymous in analytics processing.

4.2 School’s Responsibility for Consent

Schools must obtain parental consent where legally required before student participation.

Schools must ensure compliance with local regulations on student data privacy.

4.3 Data Retention & Deletion Rights

Only the School has the right to access, or delete engagement data associated with its account.

The School may request data deletion at any time by contacting mc@buzzgage.org.

Upon request, BuzzGage will permanently delete all institutional data associated with the School’s account.

5. PROMOTIONAL & MARKETING USAGE

By using BuzzGage, the School grants BuzzGage permission to reference its participation in:

Website mentions, promotional materials, social media, and general statements regarding platform usage.

Conferences, industry presentations, and investor pitches.

BuzzGage will not disclose specific engagement results, identifiable school data, or administrator names without prior approval.

If BuzzGage wishes to create a detailed case study, testimonial, or feature the School in marketing content, it will request prior written approval.

6. LIMITATION OF LIABILITY

BuzzGage provides insights for informational purposes only and does not guarantee specific outcomes.

BuzzGage is not liable for decisions or actions taken by the School based on platform insights.

The School assumes full responsibility for its use of BuzzGage’s insights in administrative and academic decision-making.

7. TERMINATION OF ACCESS

BuzzGage reserves the right to suspend or terminate platform access if the School violates this Agreement.

The School may terminate access at any time by discontinuing use of BuzzGage and requesting data deletion.

8. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States. Any disputes arising from or related to this Agreement shall be resolved through good-faith negotiation. If a resolution cannot be reached, the dispute shall be submitted to binding arbitration in Delaware or, if necessary, to the competent courts of Delaware.

9. ACCEPTANCE & SIGNATURE

By signing up for BuzzGage, the Administrator and the School acknowledge that they have read, understood, and agreed to this Terms of Use & Confidentiality Agreement.

10. INTELLECTUAL PROPERTY PROTECTION & LEGAL CONSEQUENCES

10.1 Prohibited Actions

The School and its Administrators explicitly agree that they shall not:

Infringe upon BuzzGage’s intellectual property, including but not limited to unauthorized use, reproduction, or distribution of the platform's technology, AI models, proprietary algorithms, dashboards, or reports.

Attempt to reverse engineer, decompile, disassemble, or create derivative works based on BuzzGage’s technology.

Engage in any unauthorized sub-licensing, reselling, or illegal distribution of BuzzGage’s platform, content, or insights.

10.2 Legal Consequences & Liability

Any violation of Section 10.1 shall be considered a material breach of this Agreement, and the School and its Administrators shall be liable under applicable U.S. laws, including but not limited to federal intellectual property and trade secret laws.

In the event of infringement, unauthorized distribution, or attempted reverse engineering of BuzzGage’s technology, the School and Administrator acknowledge that BuzzGage shall be entitled to:

Liquidated damages of no less than $10,000,000 (ten million U.S. dollars) to compensate for financial and reputational harm.

Seek injunctive relief to immediately halt any unauthorized use or distribution.

Pursue any additional legal remedies available under U.S. intellectual property and trade secret laws.

These obligations and liabilities shall survive the termination of this Agreement and remain enforceable indefinitely.