BuzzConnekt AI Terms and Conditions

These Terms and Conditions govern the purchase of, access to and use of the BuzzConnekt website, platform and related services.

The Service is provided by:

In these Terms:

• “BuzzConnekt”, “we”, “us” and “our” mean BuzzConnekt Business Solutions Ltd.
• “Customer”, “you” and “your” mean the business or organisation purchasing or using the Service.
• “Authorised User” means a person authorised by the Customer to use its account.
• “Service” means the BuzzConnekt website, platform, Maya AI front desk agent, voice agents, telephone services, messaging services, integrations and related products.
• “Order” means an online checkout, order form, proposal or other document specifying the Service purchased.
• “Plan” means the subscription package selected by the Customer.
• “Subscription Term” means the committed subscription period shown in the Order.
• “Billing Period” means the monthly, annual or other billing period stated in the Order.
• “Usage Allowance” means the minutes, calls, messages, numbers, users, storage or other usage included in a Plan.
• “Customer Data” means information, recordings, transcripts, contacts, leads, scripts, content and instructions submitted to or processed through the Service.
• “Third-Party Service” means a service supplied by someone other than BuzzConnekt.

The Service is intended exclusively for persons acting for purposes connected with their trade, business, profession, charity or organisation.

It is not intended for personal, family or household use.

By accepting these Terms, you confirm that:

• you are acting wholly or mainly for business purposes;
• you are not purchasing the Service as a consumer;
• you are at least 18 years old; and
• you have authority to bind the business or organisation named in the Order.

You accept these Terms when you:

• create an account;
• tick an acceptance box;
• place an Order;
• start a trial;
• pay an invoice;
• access the platform; or
• use any part of the Service.

Submitting an Order does not require BuzzConnekt to accept it.

The contract begins when BuzzConnekt:

• confirms the Order;
• activates the account;
• accepts payment; or
• begins provisioning or configuring the Service,

whichever happens first.

BuzzConnekt may reject an Order where:

• information is incomplete or inaccurate;
• payment cannot be authorised;
• the proposed use creates a legal, financial, security or reputational risk;
• a required telephone number or Third-Party Service is unavailable;
• the Customer has previously breached an agreement with BuzzConnekt; or
• BuzzConnekt is unable to supply the requested Service.

The contract consists of:

• the Order;
• the BuzzConnekt Data Processing Addendum;
• these Terms;
• any agreed Service-specific terms;
• the BuzzConnekt Acceptable Use Policy;
• the BuzzConnekt Subprocessor List; and
• any additional document expressly incorporated into the Order.

If there is a conflict:

• the Data Processing Addendum takes priority for data-processing matters;
• the Order takes priority for commercial details expressly stated in it; and
• these Terms take priority over website descriptions, sales discussions and marketing materials.

Marketing statements, demonstrations, estimates and sales discussions do not create a contractual commitment unless expressly included in the Order.

The Customer must:

• provide accurate account information;
• keep that information current;
• use individual login credentials for each Authorised User;
• protect passwords and authentication codes;
• restrict access to authorised personnel;
• remove access promptly when a user leaves;
• review account permissions regularly; and
• notify BuzzConnekt immediately of suspected unauthorised access.

The Customer is responsible for all activity carried out through its account, including activity by its employees, contractors, agents and Authorised Users.

The Customer remains responsible for charges arising through its account until BuzzConnekt receives notice of suspected unauthorised access and has had a reasonable opportunity to restrict the account.

Subject to payment of all Fees and compliance with these Terms, BuzzConnekt grants the Customer a limited, non-exclusive, non-transferable and revocable right to use the Service during the Subscription Term for its internal business operations.

Depending on the Plan, the Service may include:

• inbound call answering;
• approved outbound calls;
• call routing and transfers;
• call recording and transcription;
• messages and call summaries;
• lead collection;
• appointment booking;
• calendar integrations;
• email and SMS notifications;
• knowledge-base responses;
• telephone-number provision;
• reporting;
• customer-service workflows; and
• other communication or automation functions.

Only the features expressly included in the Order or current Plan are included in the subscription.

Any additional work, custom development, migration, onboarding, integration, training or support may be charged separately.

The Service will be treated as activated when BuzzConnekt:

• provides account access;
• allocates or connects a telephone number;
• makes an agent available for testing;
• begins configuration; or
• performs another activation step described in the Order.

Subscription Fees may begin from the activation or commencement date stated in the Order, regardless of whether the Customer has completed its internal preparation, uploaded its content or begun actively using the Service.

The Customer must test the Service promptly after activation.

Unless the Customer reports a material technical defect within five Business Days after activation, the Service will be treated as accepted.

Use of the Service with live callers also constitutes acceptance.

Minor defects, requested changes, content corrections or configuration preferences do not entitle the Customer to reject the Service, withhold payment or delay the Subscription Term.

The Customer is responsible for:

• its scripts and greetings;
• business information supplied to Maya;
• knowledge-base content;
• call-routing instructions;
• escalation contacts;
• appointment availability;
• pricing and product information;
• emergency instructions;
• marketing content;
• consent records;
• uploaded contacts and leads;
• integrations selected by the Customer;
• decisions made following calls or messages; and
• reviewing and supervising the Service.

The Customer must ensure that all information and instructions are accurate, lawful, current and suitable for the Customer’s business.

BuzzConnekt may provide templates, suggestions and configuration support. This does not make BuzzConnekt responsible for the Customer’s business content, legal compliance or professional decisions.

Maya and other BuzzConnekt agents use automated and artificial-intelligence technology.

The Customer acknowledges that AI systems may:

• misunderstand a caller;
• provide an incomplete response;
• generate incorrect wording;
• fail to follow an instruction;
• be affected by accents, noise or connection quality;
• rely on inaccurate Customer content; or
• produce a response that requires human review.

BuzzConnekt does not guarantee that every response will be accurate, complete or suitable for every caller.

The Customer must:

• test its agent before launch;
• monitor calls and outcomes;
• keep its instructions current;
• maintain suitable human oversight;
• correct inaccurate information promptly; and
• provide a human route for urgent, sensitive or unresolved matters.

An AI response does not constitute legal, medical, financial, insurance, mortgage, tax or other professional advice from BuzzConnekt.

BuzzConnekt does not guarantee:

• a particular number of calls;
• leads;
• appointments;
• sales;
• conversions;
• revenue;
• cost savings;
• customer satisfaction;
• uninterrupted call connection;
• successful message delivery;
• a particular commercial outcome; or
• that the Service will replace all human staff.

The Customer remains responsible for how it operates its business and responds to callers, leads, messages and appointments.

Failure to achieve a desired business result does not entitle the Customer to cancel a committed Subscription Term or receive a refund.

The Customer must ensure callers are informed where they are interacting with an AI or automated assistant.

The Customer must not configure the Service to:

• falsely claim that Maya is human;
• impersonate a named individual without lawful authority;
• mislead callers about the nature of the interaction; or
• conceal automation where disclosure is required.

The Customer must maintain an appropriate human escalation route where:

• a caller requests a person;
• the matter is urgent;
• the caller is vulnerable;
• professional judgement is required;
• Maya cannot understand the request; or
• continued automation could create a risk of harm.

Where recording or transcription is enabled, the Customer is responsible for:

• determining that recording is lawful;
• identifying an appropriate lawful basis;
• giving callers an appropriate notice;
• explaining the purpose of recording;
• setting suitable retention periods;
• limiting access;
• responding to data requests;
• avoiding unnecessary sensitive information; and
• meeting sector-specific obligations.

BuzzConnekt may provide a default announcement or template, but the Customer must review and approve it.

The Customer must not remove or alter a required announcement in a way that makes it inaccurate or misleading.

Where BuzzConnekt processes personal data on the Customer’s behalf:

• the Customer will normally be the controller;
• BuzzConnekt will normally be the processor; and
• the Data Processing Addendum will apply.

The Customer confirms that:

• Customer Data has been collected lawfully;
• it has the right to provide Customer Data to BuzzConnekt;
• all required privacy information has been provided;
• any required consent has been obtained;
• its processing instructions are lawful;
• it will respond to individuals exercising their rights;
• it will apply appropriate retention periods; and
• it will not upload unnecessary or excessive information.

BuzzConnekt may refuse or suspend processing where it reasonably believes that an instruction infringes data-protection law.

The Customer is solely responsible for the legality of each outbound campaign.

Before starting a campaign, the Customer must:

• establish a lawful basis;
• verify the source of each lead;
• retain required consent evidence;
• screen against the Telephone Preference Service where required;
• screen against the Corporate Telephone Preference Service where required;
• screen against its own suppression lists;
• remove contacts who have objected;
• use accurate and lawful scripts;
• identify the organisation making the call;
• display a valid caller number;
• provide an effective opt-out route; and
• comply with all applicable calling restrictions.

Unless BuzzConnekt expressly agrees otherwise in writing, AI-generated outbound marketing calls must only be made to people who have provided prior, specific and informed consent to receive that type of automated call from the Customer.

BuzzConnekt may request evidence of compliance and may delay, reject, restrict or stop a campaign without liability where it reasonably considers the campaign unlawful, high-risk, misleading or damaging.

Campaign review or technical approval by BuzzConnekt does not transfer legal responsibility from the Customer.

Customers operating in regulated sectors remain responsible for their own licences, permissions, conduct rules and professional obligations.

This includes businesses involved in:

• insurance;
• mortgages;
• credit;
• investments;
• healthcare;
• legal services;
• housing;
• recruitment; and
• other regulated or high-risk activities.

The Customer must not configure Maya to provide regulated advice or make a final legally significant decision unless:

• the Customer is legally authorised to do so;
• the workflow has been approved by qualified compliance personnel;
• suitable human oversight is maintained; and
• all legally required safeguards are implemented.

The Service is not an emergency service.

The Customer must not rely on BuzzConnekt as:

• a replacement for 999 or 112;
• the sole route for reporting immediate danger;
• a medical alert system;
• a fire or security alarm system; or
• the only means of handling a safety-critical event.

The Customer must provide appropriate emergency instructions and alternative contact routes.

Telephone numbers may be supplied by BuzzConnekt through third-party communications providers.

Unless the Order expressly states otherwise:

• the Customer does not own an allocated number;
• the Customer receives only a temporary right to use it;
• number availability is not guaranteed;
• a preferred area code is not guaranteed;
• identity or regulatory documents may be required;
• number provision may be delayed by a communications provider;
• providers may withdraw, replace or reassign numbers where necessary; and
• number charges may be non-refundable once provisioned.

The Customer must not:

• sell or transfer a number without permission;
• spoof caller identification;
• use a number for fraud or harassment;
• use a number for unlawful marketing; or
• represent that it owns a number permanently.

Number porting is available only where expressly offered and technically supported.

Porting may require:

• proof of identity;
• proof of authority;
• account documents;
• provider forms;
• regulatory approval; and
• payment of applicable charges.

BuzzConnekt does not guarantee that a number can be ported or that a port will complete by a requested date.

The Customer must request any available outward port before its account ends.

After termination or expiry, a number may be:

• disconnected;
• placed in quarantine;
• returned to the provider;
• recycled; or
• reassigned.

BuzzConnekt is not liable for calls, messages, lost business or other consequences arising after the Customer’s right to use a number ends.

The Service depends on Third-Party Services, including telecommunications, AI, speech, hosting, payment, messaging, calendar and software providers.

The Customer acknowledges that:

• Third-Party Services may experience outages;
• providers may change their services;
• providers may impose restrictions;
• features may vary by country;
• a provider may suspend or withdraw functionality; and
• BuzzConnekt does not control third-party networks or systems.

BuzzConnekt may replace a Third-Party Service where reasonably necessary.

BuzzConnekt is not liable for a failure, delay, error, security incident or loss caused by a Third-Party Service outside BuzzConnekt’s reasonable control.

A third-party interruption does not automatically entitle the Customer to a refund, cancellation or compensation.

Where a third-party interruption materially affects the Service, BuzzConnekt’s obligation is limited to using reasonable efforts to:

• investigate;
• liaise with the provider;
• restore the Service;
• provide a workaround; or
• replace the affected provider where commercially reasonable.

The Customer must pay the Fees shown in the Order.

Unless the Order states otherwise:

• subscription Fees are payable in advance;
• usage Fees are payable in arrears or when a usage threshold is reached;
• Fees are stated exclusive of VAT;
• the Customer is responsible for applicable taxes;
• Fees are not contingent on the Customer’s level of use;
• Fees are not contingent on achieving a business result; and
• Fees are non-refundable except where these Terms expressly state otherwise.

The Customer may not withhold, reduce or set off payment because it has made a complaint or claim, except where required by law.

Any undisputed amount remains payable by its due date.

Setup, onboarding, implementation, migration, integration, training and custom-development Fees become non-refundable when BuzzConnekt begins the relevant work or incurs a related cost.

These Fees remain payable even if the Customer:

• delays the project;
• changes its requirements;
• fails to provide information;
• does not launch the Service;
• decides not to proceed;
• terminates its subscription; or
• does not use the completed work.

Where Customer delay causes additional work or third-party expense, BuzzConnekt may charge a reasonable additional Fee.

Usage Allowances apply only during the relevant Billing Period.

Unless expressly stated otherwise:

• unused allowances expire at the end of the Billing Period;
• unused allowances do not roll over;
• allowances have no cash value;
• allowances cannot be transferred between accounts;
• usage above an allowance is charged at the applicable overage rate; and
• overage charges are non-refundable once the usage has occurred.

BuzzConnekt may automatically charge the saved payment method for overages.

The Customer is responsible for monitoring its usage through the available dashboard and controls.

Usage records generated by BuzzConnekt and its communications providers will be treated as accurate unless the Customer demonstrates a manifest error.

A billing query must be raised within 14 days of the relevant invoice. After that period, the invoice will be treated as accepted, except in the case of an obvious calculation error.

The Customer authorises BuzzConnekt and its payment provider to charge the payment method associated with the account for:

• subscription Fees;
• renewals;
• overages;
• additional telephone numbers;
• messaging charges;
• applicable taxes;
• approved add-ons;
• outstanding amounts; and
• other charges properly incurred under the Order.

The Customer must maintain a valid payment method throughout the Subscription Term.

Failure to receive or review an invoice does not remove the obligation to pay.

Unless the Order expressly states otherwise, subscriptions renew automatically.

A monthly subscription renews for successive monthly periods.

An annual subscription renews for successive annual periods.

The Customer must cancel before the applicable renewal date to prevent renewal.

Once a renewal begins:

• the renewal Fee becomes due;
• the renewed Billing Period is committed;
• the renewal is not refundable merely because the Customer forgot to cancel; and
• cancellation will take effect at the end of the renewed Billing Period.

BuzzConnekt may send renewal reminders, but failure to receive a reminder does not prevent renewal where the renewal was clearly disclosed when the Customer subscribed.

A monthly rolling subscription may be cancelled before the next renewal date.

Cancellation:

• does not reverse the current month’s charge;
• does not create a pro-rata refund;
• takes effect at the end of the current paid Billing Period; and
• does not remove charges already incurred.

The Customer may continue using the Service until the end of the paid period, subject to these Terms.

Where the Customer selects an annual or other fixed-term Plan, it commits to paying all Fees for the entire Subscription Term.

Where BuzzConnekt permits the Customer to pay an annual commitment by monthly instalments:

• the instalments are a payment arrangement only;
• the agreement remains an annual commitment;
• the Customer does not obtain a monthly cancellation right;
• all remaining instalments remain payable following early cancellation; and
• BuzzConnekt may invoice the outstanding balance immediately.

The Customer’s failure to use the Service does not reduce its fixed-term payment commitment.

Promotional pricing, free months, discounted setup or other concessions may be conditional on the Customer completing a specified Subscription Term.

If the Customer terminates early, fails to pay or commits a material breach, BuzzConnekt may withdraw the conditional discount and charge the difference between:

• the discounted amount paid; and
• the standard amount that would otherwise have applied,

to the extent stated in the relevant offer or Order.

Promotional credits:

• have no cash value;
• cannot be transferred;
• cannot be refunded; and
• expire when stated or when the account ends.

Trials are provided for evaluation only.

Unless expressly stated otherwise:

• one trial is permitted per Customer or connected business;
• trial features and usage may be limited;
• no uptime or support commitment applies;
• trial data may be deleted after expiry;
• trial telephone numbers may be reclaimed;
• trials may be suspended or withdrawn at any time; and
• no compensation is payable for withdrawal of a trial.

Where a trial converts automatically into a paid subscription, the price, conversion date and billing period will be presented before activation.

The Customer must cancel before the conversion date to avoid the first paid charge.

29.1 General rule

All Fees are non-cancellable and non-refundable once due, except:

• where required by law;
• where the Order expressly provides otherwise; or
• where this section expressly creates a limited remedy.

This includes:

• subscription Fees;
• renewal Fees;
• setup Fees;
• onboarding Fees;
• custom-work Fees;
• usage and overage Fees;
• number-provisioning Fees;
• messaging Fees;
• integration Fees;
• promotional purchases; and
• Third-Party Service costs.

29.2 No refunds for non-use or Customer circumstances

No refund or credit is due because:

• the Customer did not use the Service;
• call volume was lower than expected;
• the Customer failed to configure the Service;
• the Customer delayed launch;
• the Customer changed its business plans;
• the Customer forgot to cancel;
• staff did not use the account;
• a caller did not engage with Maya;
• an integration was configured incorrectly;
• the Customer supplied incorrect content;
• the Customer failed to maintain required permissions;
• the Customer’s own systems were unavailable;
• the Customer was suspended for breach; or
• the Customer did not achieve its desired commercial outcome.

29.3 Service problems

A fault, interruption or defect does not automatically entitle the Customer to terminate or receive a refund.

The Customer must first:

• report the problem promptly;
• provide reasonable diagnostic information;
• allow BuzzConnekt a reasonable opportunity to investigate; and
• cooperate with reasonable remedial steps.

BuzzConnekt’s primary obligation and the Customer’s primary remedy will be for BuzzConnekt to use reasonable efforts to:

• correct the fault;
• reperform the affected Service;
• provide a workaround; or
• restore functionality.

29.4 Persistent material failure

Where:

• the paid Service suffers a material failure;
• the failure is caused solely by BuzzConnekt;
• the failure prevents substantial use of the core Service;
• the Customer has notified BuzzConnekt promptly;
• the Customer is not in breach;
• all Fees are current; and
• BuzzConnekt has failed to remedy the issue within 30 days after receiving sufficient notice,

the Customer may terminate only the materially affected Service.

The Customer’s sole financial remedy will be a refund of prepaid recurring subscription Fees covering the unused period after the effective termination date.

No refund will be provided for:

• periods before termination;
• setup or onboarding;
• completed custom work;
• usage already incurred;
• telephone-number charges;
• messaging charges;
• taxes;
• promotional credits;
• non-cancellable third-party commitments; or
• unaffected Services.

29.5 Service credits

Service credits apply only where:

• an Order or separate Service Level Agreement expressly provides for them; or
• BuzzConnekt voluntarily issues a credit.

Unless a Service Level Agreement states otherwise:

• no automatic service credit applies;
• a credit request must be made within seven days of the event;
• credits are applied only to future invoices;
• credits are not cash;
• credits cannot be transferred;
• credits expire when the account ends; and
• total credits for a Billing Period will not exceed 10% of the recurring subscription Fee for the affected Service.

Service credits are the Customer’s exclusive financial remedy for the availability issue to which they relate.

29.6 Termination by BuzzConnekt without cause

If BuzzConnekt terminates a prepaid fixed-term Service without cause, the Customer will receive a pro-rata refund of unused recurring subscription Fees for the period after termination.

BuzzConnekt may deduct:

• unpaid amounts;
• usage charges;
• setup and onboarding Fees;
• completed custom work;
• discounts conditional on a minimum term; and
• non-refundable third-party costs reasonably incurred for the Customer.

This section does not apply where termination or suspension results from:

• Customer breach;
• non-payment;
• unlawful use;
• security risk;
• provider requirements;
• regulatory requirements; or
• circumstances described elsewhere in these Terms.

Amounts must be paid on the due date.

Where an amount is overdue, BuzzConnekt may:

• suspend the Service;
• retry the payment method;
• remove promotional pricing;
• require payment in advance;
• restrict further usage;
• refer the debt for collection;
• recover reasonable collection costs; and
• charge statutory interest and compensation available for late commercial payments.

Suspension does not pause the Subscription Term or stop recurring Fees from accruing.

Restoring a suspended account may be subject to payment of all outstanding amounts and a reasonable reactivation Fee.

The Customer must contact BuzzConnekt before initiating a payment reversal or chargeback so that the issue can be investigated.

An unjustified chargeback or payment reversal constitutes a material breach.

Where a chargeback is rejected or reversed in BuzzConnekt’s favour, the Customer must pay:

• the original amount;
• any chargeback fee imposed on BuzzConnekt;
• reasonable administrative costs;
• collection costs; and
• applicable late-payment interest.

BuzzConnekt may suspend the account while a chargeback is investigated.

Nothing in this section prevents the Customer from challenging a genuinely unauthorised or incorrectly processed payment.

BuzzConnekt may change subscription prices by giving reasonable notice.

A subscription price change will normally apply from the next renewal.

The Customer may cancel before the renewal date if it does not accept the new price.

BuzzConnekt may pass through increases in:

• telecommunications charges;
• carrier charges;
• number charges;
• message charges;
• taxes;
• regulatory fees;
• AI-processing charges; and
• other direct third-party usage costs

on shorter notice where reasonably necessary.

Continued use after the effective date constitutes acceptance of the revised charges.

BuzzConnekt will use reasonable care and skill in providing the Service.

Unless a separate Service Level Agreement applies:

• no guaranteed uptime percentage applies;
• maintenance may occur when reasonably necessary;
• emergency maintenance may occur without prior notice;
• support response times are targets, not guarantees;
• calls and messages are not guaranteed to connect or deliver;
• brief or intermittent interruptions are not a material breach; and
• no compensation is due merely because the Service was temporarily unavailable.

BuzzConnekt may perform maintenance, updates and security work without liability.

Where reasonably practicable, planned material maintenance will be scheduled to reduce disruption.

Downtime or failure is excluded from any availability calculation where caused by:

• planned maintenance;
• emergency maintenance;
• Third-Party Services;
• telecommunications networks;
• the internet;
• the Customer’s systems;
• Customer configuration;
• Customer Data;
• an integration selected by the Customer;
• unauthorised access caused by the Customer;
• suspension under these Terms;
• excessive or abusive usage;
• beta or trial features;
• force majeure;
• cyberattacks outside BuzzConnekt’s reasonable control; or
• compliance with law or provider instructions.

BuzzConnekt may modify the Service to:

• improve functionality;
• address security;
• comply with law;
• respond to provider changes;
• prevent misuse;
• introduce new features;
• replace obsolete technology; or
• manage commercial or technical risk.

BuzzConnekt does not guarantee that every existing feature will remain permanently unchanged.

Where reasonably possible, BuzzConnekt will avoid materially reducing the core paid functionality during a current fixed Subscription Term.

A change does not entitle the Customer to a refund where:

• substantially equivalent functionality remains;
• a workaround is available;
• the change is required by law or security;
• the change results from a Third-Party Service;
• the feature was free, trial or beta; or
• the feature was not expressly included in the Order.

BuzzConnekt may suspend all or part of the Service immediately where:

• payment is overdue;
• the Customer breaches these Terms;
• unlawful activity is suspected;
• an outbound campaign creates a compliance risk;
• the account creates a security risk;
• the Service is being abused;
• Customer activity affects other users;
• a provider requires suspension;
• regulatory information is missing;
• continued supply could expose BuzzConnekt to liability; or
• suspension is required by law.

Where reasonable, BuzzConnekt will explain the reason and allow the Customer an opportunity to resolve the matter.

BuzzConnekt is not liable for losses caused by a suspension properly imposed under these Terms.

Fees continue during suspension unless BuzzConnekt expressly agrees otherwise.

Either party may terminate where the other commits a material breach and fails to remedy it within 14 days after receiving written notice, where the breach can be remedied.

BuzzConnekt may terminate immediately where:

• the Customer commits fraud;
• the Customer uses the Service unlawfully;
• the Customer conducts unlawful marketing;
• the Customer creates a serious security risk;
• payment remains outstanding;
• the Customer repeatedly breaches these Terms;
• required permissions are absent;
• the Customer becomes insolvent;
• a required provider withdraws service;
• BuzzConnekt is instructed by a regulator or authority; or
• continued supply could reasonably expose BuzzConnekt to legal or regulatory action.

Termination by the Customer outside an express contractual cancellation right does not remove committed Fees.

When the agreement ends:

• account access may be disabled;
• active agents may stop operating;
• calls and messages may stop;
• numbers may be released;
• integrations may disconnect;
• unpaid amounts become immediately due;
• committed fixed-term Fees remain payable;
• promotional credits expire; and
• the Customer must stop using BuzzConnekt intellectual property.

The Customer is responsible for exporting required information before termination.

BuzzConnekt may delete Customer Data in accordance with the Data Processing Addendum and applicable retention procedures.

Termination does not affect rights or liabilities accrued before termination.

BuzzConnekt and its licensors own all rights in:

• the Service;
• software;
• platform;
• dashboards;
• workflows;
• agent infrastructure;
• system prompts created by BuzzConnekt;
• templates;
• documentation;
• designs;
• branding;
• databases;
• analytics methods; and
• improvements to those materials.

The Customer owns its original Customer Data, branding and content.

The Customer grants BuzzConnekt a limited right to process Customer Data as necessary to provide, secure and support the Service.

Unless the Order expressly states otherwise, BuzzConnekt retains ownership of reusable workflows, methods, templates, tools, code and general know-how created during configuration or custom work.

Each party must protect the other’s confidential information and use it only for the agreement.

A party may disclose confidential information:

• to personnel and suppliers who need it and are subject to confidentiality duties;
• to professional advisers;
• where required by law; or
• with the other party’s permission.

Confidentiality obligations continue after termination.

The Customer warrants that:

• it has authority to enter into the agreement;
• its information is accurate;
• it has the right to provide Customer Data;
• its scripts and instructions are lawful;
• its use complies with applicable law;
• required consent has been obtained;
• required preference screening has been completed;
• it holds all necessary licences and regulatory permissions;
• it will maintain appropriate human supervision; and
• it will not use the Service to mislead, exploit or harm anyone.

The Customer will indemnify BuzzConnekt, its officers, employees and suppliers against third-party claims, regulatory demands, losses, liabilities, penalties, damages and reasonable professional costs arising from:

• unlawful Customer Data;
• Customer scripts or instructions;
• unlawful call recording;
• unlawful marketing;
• failure to obtain required consent;
• failure to screen preference or suppression lists;
• misleading claims made by the Customer;
• Customer-regulated activities;
• infringement by Customer content;
• misuse of a telephone number;
• the Customer’s breach of data-protection law;
• the Customer’s breach of sections 8 to 18; or
• fraud, wilful misconduct or unlawful activity by the Customer.

The indemnity does not apply to the extent that the claim was caused directly by BuzzConnekt’s own breach, negligence or unlawful conduct.

BuzzConnekt warrants that it will provide the paid Service with reasonable care and skill.

If BuzzConnekt breaches this warranty, its first obligation will be to use reasonable efforts to correct or reperform the affected Service.

Except as expressly stated in these Terms and to the maximum extent permitted by law, no other warranty, condition or representation applies.

Subject to section 46, BuzzConnekt will not be liable for:

• loss of profit;
• loss of revenue;
• loss of anticipated savings;
• loss of business;
• loss of contracts;
• loss of opportunity;
• loss of goodwill;
• reputational damage;
• loss or corruption of data;
• regulatory fines imposed because of Customer conduct;
• wasted staff time;
• cost of replacement staff;
• indirect loss;
• consequential loss;
• loss caused by inaccurate Customer content;
• loss caused by failure to supervise Maya;
• loss caused by unlawful marketing;
• loss caused by Third-Party Services;
• loss caused by telecommunications networks;
• loss caused by the Customer’s systems; or
• loss that the Customer could reasonably have avoided.

Subject to section 46, BuzzConnekt’s total aggregate liability arising from or relating to the agreement will not exceed the Fees paid by the Customer for the affected Service during the six months immediately preceding the event giving rise to the claim.

If the Customer has used the Service for fewer than six months, the cap will be the Fees actually paid for the affected Service.

If the claim concerns a free trial or free Service, BuzzConnekt’s total aggregate liability will not exceed £100.

The cap applies:

• to all claims in aggregate;
• regardless of the number of incidents;
• regardless of the number of legal grounds relied upon;
• across all Authorised Users; and
• across connected claims arising from the same or similar circumstances.

Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• deliberate unlawful conduct; or
• any liability that cannot legally be excluded or limited.

To the extent permitted by law, the Customer must notify BuzzConnekt in writing of a claim within three months after becoming aware, or when it should reasonably have become aware, of the circumstances giving rise to it.

The notice must provide reasonable details of:

• the alleged breach;
• the loss claimed;
• the relevant dates; and
• the remedy requested.

This section does not shorten a statutory limitation period where doing so would be legally ineffective. However, failure to notify BuzzConnekt promptly may be considered when assessing avoidable loss and BuzzConnekt’s ability to investigate.

BuzzConnekt is not liable for delay or failure caused by circumstances outside its reasonable control, including:

• internet failure;
• telecommunications failure;
• cloud-provider outages;
• power failure;
• cyberattack;
• fire;
• flood;
• severe weather;
• epidemic;
• industrial action;
• war;
• civil disorder;
• government action;
• regulatory intervention;
• supplier failure; or
• failure of a communications network.

BuzzConnekt will take reasonable steps to reduce the effect.

Force majeure does not entitle the Customer to a refund for a Billing Period that has already begun.

If a force-majeure event prevents substantially all of the paid Service for more than 60 consecutive days, either party may terminate the affected Service.

Any refund will be limited to unused prepaid recurring subscription Fees after termination, less non-refundable third-party costs and other sums due.

BuzzConnekt may update these Terms.

Material changes affecting an existing paid Service will normally be notified by email, account notice or dashboard notification.

Changes may take effect immediately where required to:

• comply with law;
• respond to regulatory guidance;
• protect security;
• prevent misuse;
• comply with provider requirements; or
• correct an obvious error.

Where a material commercial change substantially disadvantages the Customer, the Customer may cancel before the change takes effect.

This does not give the Customer a right to terminate a current fixed-term commitment merely because updated Terms clarify existing obligations or reflect changes required by law.

The Customer may not transfer the agreement without BuzzConnekt’s prior written permission.

BuzzConnekt may transfer the agreement:

• to an associated company;
• as part of a business sale;
• as part of a merger or restructuring;
• to a purchaser of the relevant assets; or
• as part of financing.

BuzzConnekt may use subcontractors and subprocessors to supply the Service.

The contract documents form the entire agreement between the parties.

The Customer confirms that it has not relied on any statement, promise, forecast or representation not expressly included in the contract.

Nothing in this section excludes liability for fraud or fraudulent misrepresentation.

If part of these Terms is unlawful or unenforceable, it will be modified to the minimum extent necessary.

If it cannot be modified, it will be removed.

The remainder of the Terms will continue in effect.

A delay or failure to enforce a right does not waive it.

A waiver is effective only if given in writing and applies only to the specific circumstances stated.

The agreement does not create a partnership, joint venture, employment relationship, franchise or agency.

Neither party may bind the other without express written authority.

A person who is not a party to the agreement has no right to enforce it under the Contracts (Rights of Third Parties) Act 1999.

BuzzConnekt may send notices to:

• the account email address;
• the billing contact;
• the Customer’s dashboard; or
• another contact supplied in the Order.

The Customer must keep its contact details current.

Formal notices to BuzzConnekt must be sent to:

Privacy requests should be sent to:

privacy@buzzconnekt.net

The agreement and any dispute or non-contractual obligation arising from it are governed by the laws of England and Wales.

The courts of England and Wales have exclusive jurisdiction.