Terms of Use

Last Updated: April 29, 2024

Thank you for choosing Bizi! These Terms of Use ("Terms") govern your use of our platform, which includes both the student and teacher interfaces (collectively referred to as the "Platform"). Please read these Terms carefully before using our services.

By accessing or using the Platform, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you may not use our services.

Bizi LLC, a Florida limited liability company (“Bizi”; “we”; “us”; or “our”), makes its automated PBIS system (the “Platform”) hosted at www.bizimotivates.com and any other site controlled by Bizi accessible from that URL (the “Site”) available to you (“you” or “your”), on and subject to the following terms and conditions (these “Terms of Use ”). These Terms of Use are a legal agreement between you and Bizi. Bizi may revise the Terms of Use at any time without notice and the revised Terms of Use will be effective when posted so we recommend that you review these terms periodically. You can review the most current Terms of Use at www.bizimotivates.com. If you do not agree with any of the terms, you should not use the Platform. 

Acceptance of Terms

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Platform on behalf of an educational institution, you also represent and warrant that you have the authority to bind the institution to these Terms.

Use of the Platform

Bizi provides two different account types on its Platform:

Teacher Accounts. A user with a Teacher or Co-Teacher account (each, a “Teacher”) may:

• access and use the Platform

• give bonuses and flags to student users

• redeem or refund orders from student users

• review and download reports to track student progress 

Student Accounts. A user with a Student Account  (each, a “Student”) may:

• access and use the Platform

• make purchases at an online school store

• review and cancel orders

• review reports to track progress within the platform

Bizi grants you a non-exclusive, non-transferable license to Use the Platform for the Term solely for your professional, informational, and non-commercial purposes on and subject to the terms and conditions of this Agreement.  All rights not expressly granted to you in this Agreement are reserved by Bizi and its licensors.  As used in this Agreement, “Use” means, for Teachers, the uses available to Teacher Accounts, and for Students, the uses available to Student Accounts. 

The Term of your right to Use the Platform commences on the date your account is created and ends, (a) the date your School terminates your account or (b) the date Bizi terminates your account. Bizi charges schools an annual fee for use of Teacher and Student Accounts and reserves the right to terminate any account if the annual fee is not timely paid or the Terms of Use aren’t adhered to. 

Restrictions

Your Use of the Platform is subject to the following limitations:

1. You must adhere to Our Acceptable Use policy below;

2. The Site and Platform are the exclusive property of Bizi and may not be copied, modified, altered, redistributed, or used for commercial purposes in any way; 

3. You must retain the water mark or other legends with Bizi’s proprietary rights notice on all exports, prints, and screen shots of the Site and the Platform,;

4. You may not create Internet "links" to the Site or "frame" or "mirror" any site content on any other server or wireless or Internet-based device; 

5. You may not reverse engineer or access the Platform in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions, or graphics of the Platform, or (iii) copy any ideas, features, functions, or graphics of the Platform or the Site. 

6. You may not access or use the Platform in any manner that could damage, disable, overburden, or impair any Bizi accounts, computer systems, or networks. 

7. You may not attempt to gain unauthorized access to any parts of the Platform or any Bizi accounts, computer systems, or networks. 

8. You may not interfere or attempt to interfere with the proper working of the Platform or any Bizi accounts, computer systems, or networks. 

9. You may not use any robot, spider, scraper or other automated means to access the Platform or any Bizi accounts, computer systems, or networks without Bizi's express written permission.

10. You may not share your password(s), account information, or access to the Platform with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Platform. You agree to notify Bizi immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.

Acceptable Use Policy

You agree not to use the Platform or Site for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Platform.

By accepting these Terms of Use, you expressly agree that you will not Use the Platform in any way that: (a) is demonstrably false or misleading; (b) is defamatory, derogatory, degrading, or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies, or transmits another person's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred, or harm against any group or individual; (e) is pornographic, obscene, or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations, including material harmful to children; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; (j) contains software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents or programs; (k) interferes with or disrupt the integrity or performance of the Platform or the data contained therein; or (l) attempts to gain unauthorized access to the Platform or its related systems or networks. 

If you violate the Acceptable Use Policy or Terms of Use, Bizi may immediately terminate your account, report you to the relevant authorities, and may act under the fullest extent of applicable laws.

Bizi does not want to receive confidential information from you through or in connection with the Platform. Notwithstanding anything that you may note or state shall not be considered confidential information and shall be received and treated by Bizi on a non-confidential and unrestricted basis and Bizi shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you share, other than as specified in Bizi's Privacy Policy.

Eligibility

To use the Bizi platform if you are aged 13 and under, you must obtain verifiable consent from a parent or legal guardian. By creating an account for a student aged 13 and under, you represent that you have obtained such consent.

If you are a teacher or school administrator creating accounts on behalf of students aged 13 and under or giving Bizi permission to create these aforementioned accounts, you affirm that you have obtained the necessary parental consent for each student and warrant the authority to grant consent for Bizi to collect information from students under 13 before allowing their access to our Platform.

Bizi requires schools and/or teachers to obtain and furnish appropriate consent, if necessary, for the collection of student information. By agreeing to these Terms of Use, schools and/or teachers understand that they are solely responsible for (and recognize that Bizi assumes no responsibility in): (a) acquiring any necessary consents from parents or guardians, as required by COPPA, FERPA, or other relevant privacy laws in your jurisdiction, related to the services and disclosure of personally identifiable information to Bizi and (b) sharing adequate disclosures to students, parents, and guardians, regarding use of the Platform, Terms of Use, and Privacy Policy. This includes any provisions mandated by the Children’s Online Privacy Protection Act (“COPPA”), Family Educational Rights and Privacy Act (“FERPA”), or other relevant privacy laws in your jurisdiction. 

User Feedback

Bizi acknowledges and encourages users to provide feedback for the enhancement of the Bizi platform. However, it is explicitly understood and agreed that Bizi shall not be held responsible for providing financial or any other form of compensation to users for ideas shared and subsequently implemented on the Bizi platform. Users contributing feedback do so voluntarily and without any expectation of compensation or recognition from Bizi.

Copyrights and Trademarks

All site content, including without limitation, all text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Bizi or its licensors and is protected by U.S. and international copyright laws.

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Platform are the registered and unregistered Trademarks of Bizi and its licensors. You agree that you will not refer to or attribute any information to Bizi or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Bizi or its licensors.

DMCA Notice

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Platform, please email Bizi at jack@bizimotivates.com, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing Material on the Platform that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Bizi will remove any content that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. Section 512(c)(2)). U.S. law provides significant penalties for submitting such a statement falsely. 

Third Party Websites, Content, Products and Services

The Site may include links to Web sites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Platform. Bizi is not responsible for third party content provided on or through the Platform or for any changes or updates to such third party sites, and you bear all risks associated with the access to, and use of, such Websites and third party content, products and services.

Monitoring

Bizi has no obligation to monitor use of the Platform. However, Bizi reserves the right to monitor all use of and activity on the Platform, and to terminate accounts of users who are violating the Terms of Use in its sole discretion. Teachers and schools are responsible for monitoring appropriate student use of the Platform. 

Privacy Policy

Bizi is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Bizi's Privacy Policy.  You understand, acknowledge, and agree that Bizi collects, uses, processes, possesses, stores, and shares your Personal Information and utilization data as described in Bizi's Privacy Policy.

Indemnity

You indemnify, defend, and hold harmless Bizi and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) your violation of these Terms of Use or any other agreement between Bizi and you; or (b) your violation or infringement of any third party rights, including, without limitation, intellectual property rights.

Termination of Use

You agree that Bizi may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Platform. Bizi may terminate or limit your access to or use of the Platform if Bizi determines, in its sole discretion, that you have violated the Terms of Use in any way. You agree that Bizi shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Platform. 

Warranty Disclaimer/Limitation of Liability

THE SITE CONTENT AND FUNCTIONALITY ON THE PLATFORM IS PROVIDED WITH THE UNDERSTANDING THAT BIZI IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL SITE CONTENT AND FUNCTIONALITY ON THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIZI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, EFFECTIVENESS, OR ADEQUACY OF THE PLATFORM. BIZI SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES OR PROVIDED BY THIRD PARTIES. NEITHER BIZI NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. 

Waiver and Severability

The failure of Bizi to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.

Governing Law and Arbitration

All matters relating to these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflicts of laws rules.  The parties agree that any dispute, case, or controversy in any way related to, arising under, or in connection with these Terms of Use, or the breach, termination, or validity hereof, including extra-contractual claims, and the determination of the scope or applicability of this provision to arbitrate, shall, upon the request of any party involved, be submitted to, and finally settled by, arbitration in the City of Jacksonville, State of Florida before one (1) arbitrator.  The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures or another mutually agreeable arbitrator under another mutually agreeable arbitration rules.  Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction.  The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence, and counsel fees, and provided further, that in the discretion of the arbitrator, the arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed nor is combining individual proceedings without the consent of all parties.

Bizi Bonus Terms and Conditions

Bizi Bonus Eligibility: Schools that purchase the Bizi Premium Package prior to the commencement of the 2024-2025 school year ("Early Adopters") are eligible for the Bizi Bonus. This Bonus is complimentary and serves as a token of appreciation and support for implementation to our Early Adopters, as outlined herein.

Bizi Bonus Amount:

• Secondary Schools (6th-12th Grade): Early Adopters will receive up to $6 per student in complimentary school store inventory and implementation support.

• Elementary Schools (Kg-5th Grade): Early Adopters will receive up to $4.50 per student in complimentary school store inventory and implementation support.

Shipment Details: Bizi will facilitate the ordering and shipment of materials directly to the Early-Adopter schools. To prevent over-ordering and to ensure products are used before their expiration dates, shipments will be made in four separate installments, scheduled to coincide at the beginning of the school year and at the end of Quarter 1, Quarter 2, and Quarter 3. Specific shipment dates will be communicated in advance to the Early-Adopter schools. Bizi will cover all costs for ordering and shipping up to the allocated amount as outlined in section 2.

Inventory Selection: Early-Adopter schools will have the flexibility to choose their inventory from the provided options or mutually agreed upon between Bizi and the school. Requests for items outside of the predetermined school store inventory options are not guaranteed. Bizi inventory should be used exclusively for the Bizi store, and should not be used for any other school event or function. 

Inventory Coverage Disclaimer: The Bizi Bonus is intended to supplement school store inventory needs but may not cover all inventory requirements for the school year. Bizi does not guarantee that the Bizi Bonus will fully satisfy the school store inventory needs. 

Resource Maximization Commitment:  Bizi is committed to helping schools effectively maximize their resources. Our Bizi economy is designed to optimize inventory management for schools, and the Bizi Bonus is provided as a complimentary gift to assist with additional school costs.

Updates and Modifications

We may update these Terms from time to time, and any changes will be effective immediately upon posting so we recommend that you periodically review the most recent terms posted on www.bizimotivates.com. Your continued use of the Platform after the posting of revised Terms constitutes your acceptance of such changes.