Welcome to our Privacy Policy. This introduction explains the purpose of the policy and how it helps protect your data. Our platform respects your privacy and is committed to safeguarding the personal information that you share with us. Please take a moment to read this document carefully as it outlines our practices regarding data collection, usage, and disclosure.
We may collect and store the following types of information:
All information is stored securely and used only in accordance with this privacy policy.
The information we collect is used in the following ways:
By making available any user-generated content (“User Content”) through the Site and Services, you hereby grant to Bixjet a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. Bixjet does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Bixjet the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or Bixjet’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Bixjet reserves the right (but shall have no obligation) to remove any or all User Content from the Services in its sole discretion. You agree to immediately take down any User Content that violates the Terms, including pursuant to a take down request from Bixjet. In the event that you elect not to comply with a request from Bixjet to take down certain User Content, Bixjet reserves the right to directly take down such User Content
Third Party Software: The Services incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
Third Party Services and Materials: You may be able to access or use third party services, Third Party Software, resources, content, documentation or materials (“Third Party Materials”) as part of or during your use of the Services. You acknowledge and agree that you are solely responsible for and assume all risk arising from your access to or use of any such Third Party Materials, and Bixjet disclaims any liability that you may incur from your access to or use of such materials or any User Content via Bixjet or the Services.
You further acknowledge and agree that Bixjet:
You are solely responsible for backing up and making copies of any Third Party Materials that you wish to preserve.
Compliance with 3rd Party Review Site Policies: Businesses using the Bixjet platform agree to adhere to the Terms of Service of all major review sites, including Google, Facebook, Yelp, and others.
Review gating: Businesses cannot implement any form of review gating. All recipients must have the same options to provide feedback, regardless of their sentiment.
Sites prohibiting solicitation of reviews: Businesses must comply with sites such as Yelp that prohibit review solicitation, and will not misuse the Bixjet platform to bypass review site policies.
Failure to comply: If a business attempts to circumvent review site Terms of Service, Bixjet will notify the business and allow 30 days to take corrective action. Failure to comply within that period will result in suspension of the account.
You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.
To the extent required by law and as applicable to the parties, the parties shall comply with the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”). You will be solely responsible for complying with any messaging consent obligations under the TCPA and TSR in the course of accessing and using the Bixjet Services.
You are responsible for obtaining explicit consent(s) from any and all third parties (including your customers) to send and receive SMS and/or emails using the Bixjet Services. Bixjet shall have the same obligation to obtain third party consent for all parties from which it is directly obtaining their phone number(s).
Each party is liable for, and shall indemnify, defend and hold harmless the other party from and against any and all damages, liabilities, judgments, fees, fines, costs and expenses (including reasonable attorneys’ fees) incurred by the non-breaching party arising from any claims, demands or legal actions made against it resulting from your breach of this Section 6.
You agree not to do any of the following while using the Site, Services or Bixjet Content:
Bixjet reserves the right to investigate and prosecute violations to the fullest extent of the law, and may cooperate with law enforcement authorities. Bixjet may remove or disable access to content at any time, without notice, if deemed harmful or in violation of these Terms.
“Confidential Information” means any information disclosed by either party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects, that is identified as confidential or reasonably appears to be confidential because of its nature, context, or markings.
The parties acknowledge that these Terms and any agreements between them constitute valuable proprietary information and trade secrets. Each party agrees to preserve the confidentiality of such information, using at least reasonable care, and solely for purposes permitted under these Terms.
Exceptions to Confidential Information include information that:
Each party may seek injunctions to prevent breaches of this section and must promptly report any breaches to the disclosing party.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at sd@bixjet.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Bixjet and you hereby irrevocably assign to Bixjet and agree to irrevocably assign to Bixjet all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Bixjet’s request and expense, you will execute documents and take such further acts as Bixjet may reasonably request to assist Bixjet to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
The Site, Services and Bixjet Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Bixjet and its licensors exclusively own all right, title and interest in and to the Site, Services and Bixjet Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Bixjet Content. Bixjet claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.
All trademarks, service marks, logos, trade names and any other proprietary designations of Bixjet used herein are trademarks or registered trademarks of Bixjet. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Please see contract for information regarding pricing and billing for these Services. If you have any questions about Bixjet’s billing policies, please contact Bixjet at sd@bixjet.com.
YOU EXPRESSLY UNDERSTAND AND AGREE that your use of the Services are at your sole risk and that the Services are provided “AS IS” and “AS AVAILABLE.”
Bixjet, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the Services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Bixjet, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the Services will meet your requirements, (b) your use of the Services will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the Services will be accurate.
Nothing in these Terms, including Sections #15, #17, shall exclude or limit Bixjet’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
You agree to defend, indemnify, and hold Bixjet, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or Bixjet Content, or your violation of these Terms.
Subject to Section #15 above, you expressly understand and agree that Bixjet, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy.
The limitations on Bixjet’s liability to you in this section shall apply whether or not Bixjet has been advised of or should have been aware of the possibility of any such losses arising.
Some states and jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Bixjet’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount paid by you for the Services for the last three months.
The collection, use and storage of your personal information is governed by our Privacy Policy located at https://Bixjet.com/privacy-policy.html. The Privacy Policy is incorporated into these Terms in its entirety. For questions regarding the Privacy Policy, please send an email to sd@bixjet.com.
Without limiting other remedies, Bixjet may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, Bixjet may notify authorities or take any actions it deems appropriate, without notice to you, if Bixjet suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms and Conditions or any policies or rules established by Bixjet; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Bixjet users, Bixjet or any other third parties or the Site or Services.
Without limiting any other terms of these Terms and Conditions, you may stop using the Site and Services at any time.
Upon termination, rights granted to you by these Terms and Conditions will immediately cease. Bixjet will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES THEREAFTER. HOWEVER, Bixjet SHALL CONTINUE TO HAVE A LICENSE TO UTILIZE THE USER CONTENT.
Any suspension, termination or cancellation will not affect your obligations to Bixjet under these Terms and Conditions (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
DMCA Notice of Alleged Infringement (“Notice”)
Deliver this Notice, with all items completed, to our designated Copyright Agent:
Copyright Agent
Bixjet Inc.
Bixjet reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time. Changes to the Services may include the modification or discontinuation of any “review aggregation” services currently offered as part of the Services. If we modify these Terms, we will post the modification on the Site or otherwise provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. These Terms may only be modified in writing as set forth in this paragraph and may not be modified orally. Please visit this page regularly to review these Terms for any changes.
These Terms, together with our Privacy Policy constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Bixjet to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Bixjet must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Santa Clara County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
If you have any questions about these Terms, please contact Bixjet at sd@bixjet.com.