Terms of Service
These Terms form an agreement between you and BuzzKit, a BuzzCloud service operated by Mason Buzzell (“BuzzKit,” “we,” or “us”). By creating or continuing to use an account, you agree to these Terms, the Education User Agreement, and the Student Privacy Notice.
1. Eligibility and authority
You must be at least 13 to create an account. If you are 13 to 17, a parent or legal guardian must review and agree to these Terms with you, and is responsible for your use of BuzzKit. To use BuzzKit for a school, district, organization, or employer, you must be at least 18 and have authority to bind it and authorize classroom use. Children under 13 may not create accounts; they participate only through host-authorized game sessions using a game code and nickname.
2. The service
BuzzKit lets authorized users create question sets, host educational games, invite participants, and review results. We may improve or modify features while preserving the student-data commitments in the Education User Agreement and Privacy Notice. We do not promise uninterrupted or error-free availability.
3. Accounts and security
Provide accurate account information, protect your password, and promptly report suspected unauthorized access. You are responsible for activity under your account and for limiting game codes and reports to intended participants. Do not share student reports with unauthorized people.
4. Acceptable use
You may use BuzzKit only for lawful educational and related personal purposes. You may not misuse the service; probe or bypass security; interfere with another game; upload malware or unlawful content; harass others; infringe intellectual-property or privacy rights; collect unnecessary sensitive student information; use student data for advertising, profiling, discipline unrelated to the activity, or another unauthorized purpose; or permit anyone under 13 to create an account.
5. Your content
You retain ownership of sets, questions, and files you submit. You grant BuzzKit a limited, nonexclusive license to host, process, display, and transmit that content only as needed to operate the service. You represent that you have the rights and permissions needed for submitted content and that it does not improperly include sensitive student information.
6. Student data
Student data is governed by the Education User Agreement and Student Privacy Notice. If those documents conflict with these general Terms about student data, the more protective student-data term controls. BuzzKit does not sell student data or use it for targeted advertising.
7. Intellectual property
BuzzKit and its software, branding, artwork, and service design are owned by BuzzKit or its licensors. Except for your content and rights expressly granted here, no ownership right transfers to you.
8. Suspension and termination
You may stop using BuzzKit at any time and may request account deletion. We may suspend access reasonably necessary to protect users, comply with law, prevent harm, or address a material breach. Where practical, we will provide notice and an opportunity to export or delete school data.
9. Disclaimers
To the extent permitted by law, BuzzKit is provided “as is” and “as available,” without implied warranties of merchantability, fitness for a particular purpose, or noninfringement. BuzzKit is a learning tool, not a substitute for educator judgment, school policy, accessibility review, or legal advice. Rights that cannot legally be disclaimed remain unaffected.
10. Limitation of liability
To the extent permitted by law, BuzzKit will not be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or data. BuzzKit's total liability arising from the service will not exceed the greater of the amount you paid for BuzzKit during the prior 12 months or $100. This limit does not apply where prohibited by law or to obligations that cannot lawfully be limited.
11. Governing law
Nebraska law governs these Terms without regard to conflict-of-law rules, except where applicable law requires otherwise. Courts located in Nebraska will have jurisdiction, unless a public school or government entity is legally unable to accept that provision. Nothing here waives governmental immunities or mandatory public-law requirements.
12. Changes
Material revisions receive a new agreement version. Account holders will be shown the revised documents and must affirmatively accept before continuing. Changes do not authorize a new use of previously collected student data without any consent required by law.
13. Contact
Questions or legal notices may be sent to BuzzKit/BuzzCloud, Mason Buzzell, Omaha, Nebraska, United States, at [email protected].