These Terms of Service (“Terms”) govern your access to and use of the websites, products, and services (together, the “Services”) of Banzai International, Inc. d/b/a Parabolic, Inc. (“Parabolic,” “we,” “our,” or “us”). By accessing or using the Services you agree to be bound by these Terms and by our Acceptable Use Policy. If you do not agree, do not use the Services.
1. Your Responsibilities
Using the Services
You may use the Services only as permitted by these Terms. You must not resell, lease, sublicense, or otherwise make the Services available to third parties, and you must not reverse engineer, decompile, or attempt to extract the source code of any part of the Services. Parabolic may review your conduct and content for compliance with these Terms and the Acceptable Use Policy, but has no obligation to do so and assumes no responsibility for the conduct of any user.
Applicable Law
You may use the Services only as permitted by applicable law, including export control and sanctions laws. You must be at least 18 years old to use the Services.
Your Data
You represent that you have all rights necessary to submit any data, content, or information you provide through the Services (“Your Data”), including any consent required to contact the individuals it describes. You grant Parabolic the rights necessary to host, store, transmit, and process Your Data in order to provide the Services, including through trusted third-party providers. Your Data must be true and accurate.
Keeping Your Account Safe
Where the Services involve an account, you are responsible for safeguarding your credentials, keeping your account information current, and all activity that occurs under your account. Do not share your credentials or allow others to access your account.
2. Our Intellectual Property
The Services, including all software, content, designs, and trademarks, are protected by copyright, trademark, and other laws. These Terms do not grant you any right, title, or interest in the Services, our content, or the Parabolic name and marks, except the limited right to use the Services as described here. If you send us feedback or suggestions, we may use them without restriction or obligation to you.
3. Using the Services for Your Organization
If you use the Services on behalf of an organization, you must comply with that organization’s terms and policies, and a separate agreement between the organization and Parabolic may govern your use and take precedence over these Terms. The organization’s administrators may be able to access, disclose, restrict, or remove information in your account and to suspend or terminate your access.
4. Third-Party Services
The Services may link to or integrate with products and services provided by third parties. Parabolic is not responsible for the acts or omissions of any third party, or for a third party’s access to or use of Your Data, and does not warrant or support third-party services.
5. Copyright Protection
Parabolic responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act. If you believe content available through the Services infringes your copyright, notify us at legal@parabolic.io with the information required by the DMCA.
6. Termination and Suspension
You may stop using the Services at any time. Parabolic may suspend or terminate your access to the Services at any time if you breach these Terms or the Acceptable Use Policy, if your use could cause harm to Parabolic or others, if an organization account under which you use the Services is terminated, or for any other reason at our discretion.
7. Services Provided "As Is"
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so some of these disclaimers may not apply to you.
Beta Services
We may offer features labelled beta, preview, early access, or similar. These may be unreliable, may change or be withdrawn without notice, and should be used with caution.
8. Limitation of Liability
Limitation on Indirect Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PARABOLIC WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF FORESEEABLE OR IF PARABOLIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation on Amount of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PARABOLIC’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED $20.
9. Resolving Disputes
Let’s Try to Sort Things Out First
Before filing a claim against Parabolic, you agree to try to resolve the dispute informally by contacting us at legal@parabolic.io. We will try to resolve the dispute by contacting you by email. If a dispute is not resolved within fifteen (15) days of submission, either party may proceed formally.
Judicial Forum for Disputes
Except as described below, any claim arising out of these Terms or the Services will be brought exclusively in the federal or state courts located in Seattle, Washington, and both parties consent to venue and personal jurisdiction there.
If You Are a U.S. Resident, You Also Agree to the Following Mandatory Arbitration Provisions
We both agree to arbitrate. You and Parabolic agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, including any dispute about whether this agreement to arbitrate is enforceable.
Opt-out. You may decline this agreement to arbitrate by emailing legal@parabolic.io within thirty (30) days of first accepting these Terms. A previous opt-out remains binding.
Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in the United States in Seattle, Washington, or another location we agree on.
Exceptions. Either party may bring a qualifying claim in small claims court in Seattle, Washington, or the county where you reside. Claims for injunctive relief or relating to intellectual property may be brought in court without first arbitrating. If the agreement to arbitrate is found not to apply to a claim, that claim will be brought in the state or federal courts of King County, Washington.
No class actions. YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
10. Miscellaneous
- Controlling law: These Terms are governed by the laws of the State of Washington, excluding its conflict of laws principles. They are the entire agreement between you and Parabolic about the Services and supersede any prior agreements.
- Waiver and severability: Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, it will be replaced with an enforceable provision that most closely reflects the original intent, and the remaining provisions will remain in effect.
- Assignment: You may not assign your rights under these Terms. Parabolic may assign its rights to an affiliate, subsidiary, or successor in interest.
- Modifications: We may revise these Terms from time to time. The most current version will always be posted at this address. By continuing to use the Services after revisions become effective, you agree to be bound by the revised Terms.
11. Contact
For questions about these Terms, contact us at:
Banzai International, Inc. d/b/a Parabolic, Inc.
Email: legal@parabolic.io