Terms of Service
Last Updated: April 24, 2026
Welcome to BAZMIA
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE APPLICATION.
BY ACCESSING OR USING BAZMIA (THE "APPLICATION"), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE ("TERMS"). IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE APPLICATION.
These Terms constitute a legally binding agreement between you and Bazmia Inc., ("Company," "we," "us," or "our"), a Texas Limited Liability Corporation, doing business as Bazmia ("Bazmia™").
1. NATURE OF THE APPLICATION AND SERVICES
Which means: We are a technology platform that connects event service providers with consumers. We are NOT a party to any contracts between providers and consumers. We do not provide event services, guarantee quality, or control what happens between users.
1.1 Technology Platform Only
The Application is a technology platform that facilitates connections between event service providers ("Providers") and individuals or entities seeking event planning services ("Consumers"). The Application enables Providers to create profiles and list their services, Consumers to search for and contact Providers, communication between Providers and Consumers, and payment processing facilitation (where applicable).
1.2 No Party to User Contracts
CRITICAL: The Company is NOT a party to any agreement, contract, or arrangement between Providers and Consumers, an event planning service provider, an agent, partner, joint venturer, employer, or representative of any Provider or Consumer, a guarantor of any services, agreements, or transactions, or responsible for supervising, controlling, or managing any services provided by Providers.
1.3 Independent Contracts
Any contract for event services is formed solely and directly between the Provider and Consumer. The Company does not create, negotiate, or enforce these contracts, has no control over the terms, conditions, or performance of these contracts, and bears no responsibility for breach, non-performance, or disputes arising from these contracts.
1.4 No Vetting or Verification
Unless explicitly stated otherwise on the Application, the Company does NOT verify credentials, qualifications, or licenses of Providers, conduct background checks or criminal history searches, verify the accuracy of Provider profiles or listings, guarantee the quality, safety, reliability, or legality of any services, endorse or recommend any specific Provider, or verify insurance coverage or bonding. Users are solely responsible for conducting their own due diligence, including verifying Provider licenses and permits, insurance and bonding, references and reviews, credentials and qualifications, and compliance with applicable laws.
2. USER ACCOUNTS AND REGISTRATION
Which means: You must provide accurate information, keep your account secure, and can only have one account. You're responsible for all activity under your account.
2.1 Account Types
The Application offers two types of accounts: Provider Accounts for event service providers offering services, including but not limited to planners and vendors, and Consumer Accounts for individuals or entities seeking event services.
2.2 Registration Requirements
To create an account, you must be at least 18 years of age, provide accurate, current, and complete information, maintain and update your information to keep it accurate and current, not impersonate any person or entity, not create multiple accounts for the same business or individual, and have the legal capacity to enter into binding contracts.
2.3 Account Information
You agree to provide your legal name (individual or business), valid email address, valid phone number, physical address, and additional information as required for your account type.
2.4 Account Security
You are responsible for maintaining the confidentiality of your password and account credentials, all activities that occur under your account whether authorized or not, notifying us immediately of any unauthorized use at support@bazmia.com, and using strong passwords and enabling two-factor authentication when available. The Company is NOT liable for any loss or damage arising from your failure to maintain account security or from unauthorized use of your account.
2.5 Account Approval and Termination
The Company reserves the right, in its sole discretion, to refuse any account registration or application, suspend or terminate any account at any time with or without cause, require additional verification, documentation, or information, limit access to certain features or services, and remove any content that violates these Terms.
3. PROVIDER-SPECIFIC TERMS
Which means: Providers are independent businesses. They're responsible for their own services, compliance with laws, taxes, insurance, and all interactions with Consumers. We do not control or supervise them.
3.1 Independent Contractor Status
Providers acknowledge and agree that they are independent contractors operating their own businesses, no employment, partnership, agency, joint venture, or franchisor-franchisee relationship exists with the Company, the Company does not control how, when, where, or in what manner they provide services, they are solely responsible for all aspects of their business operations, they set their own hours, methods, and means of providing services, and the Company does not provide them with equipment, supplies, or materials.
3.2 Provider Responsibilities
Providers are solely and exclusively responsible for the quality, safety, legality, timeliness, and delivery of all services they offer, ensuring services meet Consumer expectations and contractual requirements, and professional conduct and customer service. Providers must comply with all applicable federal, state, and local laws and regulations, obtain and maintain all required licenses, permits, and certifications, comply with Texas Occupations Code and any applicable professional licensing requirements, comply with health and safety regulations, and comply with venue requirements and restrictions. Providers are responsible for creating, negotiating, executing, and fulfilling contracts with Consumers, providing clear terms and conditions to Consumers, and honoring commitments and representations made to Consumers. Providers must set and manage their own pricing, clearly disclose all fees, charges, and payment terms to Consumers, and honor quoted prices and estimates. Providers are responsible for determining, collecting, reporting, and remitting all applicable taxes including Texas sales and use tax, Federal income tax, self-employment tax, and any other applicable taxes. Providers must obtain and maintain appropriate general liability insurance, obtain professional liability insurance where applicable, maintain workers' compensation insurance if they have employees, and provide proof of insurance to Consumers upon request. Providers are responsible for hiring, managing, supervising, and compensating any employees, contractors, or subcontractors, compliance with employment laws and labor regulations, and workers' compensation coverage for employees. Providers are responsible for all arrangements with event venues, caterers, and other vendors, ensuring vendor compliance and performance, and coordinating event logistics and timelines. Providers must establish clear refund and cancellation policies, manage refunds, cancellations, and dispute resolution with Consumers, and handle customer complaints and dissatisfaction. Providers must comply with all applicable privacy laws when collecting, using, or storing Consumer information, provide Consumers with appropriate privacy notices, and protect Consumer data and personal information.
3.3 Provider Representations and Warranties
By creating a Provider account, you represent and warrant that you have the legal right and all necessary licenses, permits, and certifications to provide the services you offer, your services comply with all applicable laws and regulations, all information in your profile is accurate, current, and not misleading, you will not engage in fraudulent, deceptive, or illegal activities, you maintain appropriate insurance coverage for your business, you are not subject to any judgment, order, or restriction that would prevent you from providing services, and you have not been convicted of any crime that would make you unsuitable to provide services to the public.
3.4 Provider Listings and Content
Providers may create listings for their services. By posting a listing, you grant the Company the right to display and promote your listing, represent that all information is accurate and not misleading, agree not to make false or exaggerated claims, and agree to update listings promptly when information changes. The Company does not verify the accuracy of listings, may remove listings that violate these Terms or applicable law, does not guarantee visibility, placement, or ranking of listings, is not responsible for disputes about listing content, and may modify listing formats and presentation.
3.5 Prohibited Provider Conduct
Providers may NOT misrepresent their qualifications, experience, or credentials, use unlicensed or uninsured subcontractors where licensing is required, engage in bait-and-switch pricing practices, charge undisclosed fees or surcharges, operate without required licenses or permits, contact Consumers for purposes other than providing event services, or harvest Consumer information for marketing unrelated services.
4. CONSUMER-SPECIFIC TERMS
Which means: Consumers must do their own research before hiring Providers. Any contract is directly with the Provider, not us. We're not responsible for service quality, disputes, or issues with events.
4.1 Consumer Due Diligence
Consumers acknowledge and agree that they are solely responsible for evaluating and selecting Providers before engaging them, they should verify credentials, licenses, insurance, and references independently, they should request and review written contracts before agreeing to services, they should check Provider reviews and ratings from multiple sources, they should verify Provider insurance coverage and bonding, and the Company makes no representations, warranties, or guarantees about Provider qualifications, reliability, or suitability.
4.2 Direct Contractual Relationship
Consumers acknowledge and agree that any contract for services is directly and exclusively with the Provider, not the Company, the Company is not a party to any such contract, all disputes, claims, and issues must be resolved directly with the Provider, payment to a Provider (even if processed through the Application) creates a contract with the Provider only, and the Company has no obligation to intervene in disputes or enforce Provider contracts.
4.3 Consumer Responsibilities
Consumers are solely responsible for thoroughly researching and vetting Providers before hiring, verifying Provider licenses, insurance, and credentials, checking references and reviews, and conducting interviews or consultations. Consumers are responsible for understanding all Provider terms and conditions, reviewing written contracts before signing, negotiating terms directly with Providers, and ensuring contracts meet their needs and expectations. Consumers must pay Providers according to agreed terms, understand payment schedules and refund policies, and resolve payment disputes directly with Providers. Consumers must provide clear, accurate, and complete requirements to Providers, communicate expectations, preferences, and constraints, respond promptly to Provider communications, and disclose all relevant information about their event. Consumers must ensure their event complies with all applicable laws and regulations, obtain necessary permits for their event, comply with venue rules and restrictions, and ensure adequate insurance for their event where applicable. Consumers must resolve any disputes directly with Providers, pursue legal remedies against Providers if necessary, and not involve the Company in Provider-Consumer disputes. Consumers must understand how Providers will use their personal information, review Provider privacy practices, and make informed decisions about sharing personal information.
4.4 Consumer Acknowledgments
Consumers specifically acknowledge and agree that the Company does not guarantee Provider availability, Provider pricing may vary and is subject to negotiation, event success depends on factors beyond the Company's control, the Company is not responsible for Provider performance or non-performance, reviews and ratings reflect opinions of other users and may not be verified, and listed credentials and qualifications are self-reported by Providers unless otherwise stated.
5. COMMUNICATIONS AND DATA SHARING
Which means: The platform allows Providers and Consumers to communicate. Once you share information with another user, we're not responsible for how they use it. You must comply with privacy and anti-spam laws.
5.1 Platform Communications
The Application enables communication between Providers and Consumers through in-app messaging system, email notifications and forwarding, phone number sharing, video conferencing, and contact information exchange.
5.2 Shared Information
When you communicate through the Application, you may share personal information with other users, the Company facilitates this sharing but does NOT control how recipients use the information, recipients become independent controllers of shared information, recipients are independently responsible for compliance with privacy laws, and the Company is NOT responsible for misuse, unauthorized disclosure, or improper handling of shared information by other users. Information commonly shared between Consumers and Providers includes names and contact information, event details (date, location, type, budget), special requirements or preferences, photos, documents, or files, and payment information when processed through the platform.
5.3 User Responsibilities for Communications
All users agree to comply with the federal CAN-SPAM Act, comply with the Telephone Consumer Protection Act (TCPA), comply with Canadian Anti-Spam Legislation (CASL) when contacting Canadian users, comply with GDPR when contacting users in the European Union, and comply with all other applicable anti-spam and privacy laws. Users are prohibited from sending unsolicited commercial messages or spam, using contact information for purposes unrelated to arranging event services, sharing information with third parties without consent, sending marketing messages without opt-in consent, and making automated or pre-recorded calls without consent. Users must provide clear identification in communications, include opt-out mechanisms in marketing messages, respect user communication preferences, maintain professional and respectful communication, and protect confidential information shared during negotiations.
5.4 No Monitoring Obligation
The Company does NOT actively monitor or review communications between users, is not responsible for the content, accuracy, or legality of user communications, may access communications for technical support, legal compliance, fraud investigation, abuse prevention, or safety purposes, reserves the right to remove content that violates these Terms, applicable law, or community standards, and may disable accounts that engage in abusive or harassing communications. Users can report inappropriate communications to support@bazmia.com, and the Company will review reports but is not obligated to take action.
5.5 Communication Records
Users acknowledge that the Company may retain copies of communications for legal, operational, and security purposes, communication records may be disclosed pursuant to legal requirements, communications may be used to resolve disputes at the Company's discretion, and historical communications may be retained even after account deletion.
6. PROHIBITED CONDUCT
Which means: Do not break the law, defraud others, spam, hack, scrape data, or misuse the platform. We can suspend or terminate your account for violations.
6.1 General Prohibitions
All users are strictly prohibited from violating any federal, state, local, or international laws or regulations, engaging in fraud, misrepresentation, or deceptive trade practices, facilitating or promoting illegal activities, money laundering or terrorist financing, and violating the Texas Deceptive Trade Practices Act. Users are prohibited from providing false, inaccurate, or misleading information, impersonating any person, entity, or brand, creating fake accounts or profiles, falsely claiming credentials, licenses, or affiliations, and using stolen identities or payment information. Users must not harass, threaten, intimidate, or abuse other users, discriminate based on race, religion, gender, national origin, disability, sexual orientation, or any other protected characteristic, engage in stalking or unwanted contact, post defamatory, libelous, or slanderous content, or engage in hate speech or extremist content. Users must not infringe copyrights, trademarks, patents, or other intellectual property rights, use unauthorized copyrighted images, text, or materials, violate trade secrets or confidential information, or plagiarize content from other sources. Users must not attempt to gain unauthorized access to the Application, other user accounts, or Company systems, distribute viruses, malware, ransomware, or other harmful code, conduct denial-of-service attacks or similar disruptions, circumvent security measures, authentication requirements, or access controls, hack, crack, or exploit vulnerabilities, or engage in phishing or social engineering attacks. Users must not use automated tools, bots, scrapers, or crawlers to access the Application, harvest user data, email addresses, or contact information, create derivative databases from Application data, use data mining tools or techniques, or aggregate content for competitive purposes. Users must not create multiple accounts to manipulate ratings, reviews, or search results, post fake reviews or testimonials, pay for positive reviews or ratings, sabotage competitors through negative reviews, or game the platform's algorithms or systems. Users must not post pornographic, sexually explicit, or adult content, post violent, graphic, or disturbing content, post content that promotes self-harm or suicide, or post content involving minors inappropriately. Users must not use the Application to compete directly with the Company, recruit users to competing platforms, copy the Application's features, design, or functionality, or build competitive products using Application data.
6.2 Provider-Specific Prohibitions
Providers are additionally prohibited from operating without required licenses, permits, or insurance, subcontracting to unlicensed or uninsured parties where licensing is required, engaging in bait-and-switch pricing or hidden fees, charging for services not rendered, abandoning events or clients without justification, engaging in price fixing or anti-competitive practices with other Providers, soliciting or accepting payments outside the agreed contract terms to avoid platform fees where applicable, and misusing Consumer information for unauthorized marketing or sales.
6.3 Consumer-Specific Prohibitions
Consumers are additionally prohibited from making false claims or filing fraudulent disputes, refusing to pay for services properly rendered, making unreasonable demands or engaging in abusive behavior toward Providers, using Provider information to bypass the platform and avoid fees, and requesting illegal or unethical services.
6.4 Enforcement and Consequences
The Company reserves the right to investigate any suspected violations of these Terms, suspend or terminate accounts immediately for violations, remove content that violates these Terms, report illegal activities to law enforcement, cooperate with law enforcement investigations, impose account restrictions or limitations, require users to verify identity or provide additional information, ban users permanently from the platform, and pursue legal action for damages or injunctive relief. Violations may result in immediate account suspension or termination, forfeiture of fees paid to the Company, liability for damages caused to the Company or other users, criminal prosecution where applicable, civil liability under applicable laws, and permanent ban from creating new accounts.
7. INTELLECTUAL PROPERTY
Which means: We own the platform and software. You grant us a license to use content you post. Do not use our trademarks without permission.
7.1 Company Ownership
The Company exclusively owns all rights, title, and interest in and to the Application, including all software, source code, object code, and algorithms, all proprietary technology and systems, all databases and data structures, and all improvements, updates, and modifications. The Company exclusively owns all intellectual property, including the Bazmia™ name, logo, and all trademarks, all service marks and trade names, all designs, graphics, user interfaces, and visual elements, all website and application content, all documentation, user guides, and materials, and all patents, copyrights, and trade secrets. The Company also owns all proprietary rights, including all know-how and business methods, all processes and workflows, all aggregated and anonymized data, and all analytics and insights derived from platform use. Users explicitly acknowledge that the Application is protected by copyright, trademark, patent, and other intellectual property laws, users acquire no ownership rights by using the Application, all rights not expressly granted are reserved by the Company, and unauthorized use may result in civil and criminal penalties.
7.2 User Content License
By posting, uploading, or submitting content to the Application, including but not limited to profiles, listings, messages, reviews, photos, videos, or other materials ("User Content"), you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, display, reproduce, modify, adapt, translate, create derivative works from, and distribute your User Content for purposes of operating, marketing, promoting, improving, and providing the Application and related services in any media formats and through any media channels, now known or hereafter developed. The Company may display your User Content to other users, include your User Content in marketing materials, advertisements, and promotional campaigns, modify or adapt User Content for technical compatibility, create compilations, summaries, or highlights of User Content, use User Content for training artificial intelligence or machine learning systems, and sublicense User Content to partners or service providers. You represent and warrant that you own all rights to the User Content or have obtained all necessary permissions, your User Content does not infringe any third-party rights, you have obtained all necessary consents from individuals depicted in photos or videos, your User Content complies with all applicable laws, and you have the authority to grant the license described above. To the extent permitted by law, you waive all moral rights in your User Content, including the right to be identified as the author, the right to object to derogatory treatment, and the right to object to false attribution.
7.3 Trademark Restrictions
The following are proprietary trademarks of the Company: Bazmia™® and the Bazmia™ logo, including all variations, stylizations, and designs. You may NOT without express written permission use Company trademarks in any manner, use confusingly similar names, marks, logos, or designs, register domain names containing Company trademarks, use Company trademarks in meta tags, keywords, or advertising, suggest endorsement, sponsorship, or affiliation with the Company, use Company trademarks in a manner that disparages or dilutes them, or create derivative marks based on Company trademarks. Providers may state factually that they are listed on Bazmia™, use the phrase "Find us on Bazmia™" in a plain, descriptive manner, and link to their Bazmia™ profile from their website. This permission is revocable at any time and does not grant any trademark rights.
7.4 Feedback and Suggestions
If you provide feedback, suggestions, ideas, or recommendations to the Company ("Feedback"), the Company may use Feedback without any obligation to you, you assign all rights in Feedback to the Company, the Company may implement Feedback without compensation, Feedback is not confidential or proprietary, and you waive any rights to compensation or attribution for Feedback.
7.5 Copyright Infringement Claims
The Company respects intellectual property rights. If you believe content on the Application infringes your copyright, you must submit a notice to the designated agent including a physical or electronic signature of the copyright owner or authorized agent, identification of the copyrighted work claimed to be infringed, identification of the infringing material and its location on the Application, your contact information including name, address, phone, and email, a statement that you have a good faith belief that use is unauthorized, and a statement under penalty of perjury that the information is accurate and you are authorized to act. If your content is removed due to a DMCA notice, you may file a counter-notification with the same contact information. The Company will terminate accounts of users who repeatedly infringe intellectual property rights.
8. NO LIABILITY FOR USER CONDUCT AND TRANSACTIONS
Which means: We're not responsible for what users do, contracts between users, service quality, disputes, injuries, property damage, fraud, or any problems arising from events or services arranged through the platform.
8.1 No Liability for Provider Actions
TO THE MAXIMUM EXTENT PERMITTED UNDER TEXAS LAW AND OTHER APPLICABLE LAWS: The Company is NOT liable for and expressly disclaims all responsibility for the quality, safety, reliability, or legality of services provided by Providers, Provider failure to perform contracted services or meet Consumer expectations, delays, cancellations, or rescheduling of services, Provider negligence, misconduct, or breach of professional standards, substandard or defective work performed by Providers, and Provider failure to obtain necessary permits or approvals. The Company is not responsible for Provider credentials, licensing, qualifications, or certifications, Provider compliance with professional regulations or industry standards, Provider insurance coverage or adequacy of coverage, Provider business practices or financial stability, or accuracy of Provider representations or marketing materials. The Company is not responsible for personal injury, illness, or death arising from Provider services, property damage, theft, or loss at events, emotional distress or mental anguish, economic losses or lost opportunities, or damage to reputation or business relationships. The Company is not responsible for Provider violations of law, including criminal acts, Provider breach of contracts with Consumers, Provider violations of venue rules or regulations, Provider infringement of intellectual property rights, or Provider tax evasion or financial impropriety. The Company is not responsible for actions or omissions of Provider employees, contractors, or subcontractors, coordination failures with venues, caterers, or other vendors, or third-party vendor performance or reliability.
8.2 No Liability for Consumer Actions
The Company is NOT liable for and expressly disclaims all responsibility for Consumer failure to pay Providers according to contract terms, Consumer breach of agreements with Providers, Consumer fraud or payment disputes, Consumer chargebacks or payment reversals, Consumer misrepresentation of event details or requirements, Consumer violations of venue policies or regulations, Consumer illegal activity or misconduct at events, Consumer failure to obtain necessary permits or approvals, injuries, property damage, or losses caused by Consumers, Consumer disparagement or defamation of Providers, or Consumer harassment or abusive conduct.
8.3 No Liability for Event Outcomes
The Company is NOT responsible for any aspect of events or their outcomes, including whether events meet Consumer expectations or goals, event quality, attendee satisfaction, or overall success, achievement of specific event objectives, event cancellations, postponements, or date changes, venue availability, suitability, or accessibility, vendor coordination or third-party performance, event timing, scheduling, or logistics, weather conditions or natural disasters, force majeure events beyond anyone's control, government restrictions, lockdowns, or mandates, pandemic or public health emergencies, venue closures or restrictions, supplier shortages or service interruptions, budget overruns or unexpected costs, lost deposits or non-refundable payments, lost revenue from cancelled or unsuccessful events, and economic losses of any kind.
8.4 No Guarantee of Availability or Suitability
The Company does NOT guarantee, represent, or warrant that Providers will be available in your geographic area, Providers will have availability on your desired date, sufficient Providers will respond to your inquiries, any specific Provider will accept your engagement, any Provider is suitable for your specific needs, Provider services will meet your expectations, Provider pricing fits your budget, Providers possess specific skills or expertise, the Application will be available at all times, communication between users will be uninterrupted, Provider information is accurate, current, or complete, or search results are comprehensive or optimal.
8.5 Assumption of Risk
Users explicitly acknowledge, understand, and agree that using the Application and engaging with other users involves inherent risks, event planning and execution involve numerous unpredictable variables, no system can eliminate all risks of fraud, misconduct, or poor performance, and technology platforms have inherent security and reliability limitations. Users assume ALL risks associated with using the Application and engaging with other users, are solely responsible for evaluating and selecting Providers or Consumers, must conduct their own due diligence and verification, should not rely solely on information provided through the Application, and should obtain appropriate insurance for events and services. The Company does not create, supervise, or guarantee relationships between users, makes no representations about user trustworthiness, reliability, or competence, users interact with each other at their own risk, and the Company has no involvement in user contracts or agreements. By using the Application, you RELEASE, WAIVE, and DISCHARGE the Company and its affiliates, officers, directors, employees, agents, and representatives from any and all claims, demands, damages, losses, or causes of action arising from or related to your interactions with other users, regardless of legal theory, including claims known and unknown, foreseen and unforeseen, to the fullest extent permitted by law.
9. DISCLAIMERS OF WARRANTIES
Which means: The platform is provided "as is" without warranties. We do not guarantee it will work perfectly, be error-free, or meet your needs.
TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW AND OTHER APPLICABLE LAWS:
9.1 "AS IS" and "AS AVAILABLE" Basis
THE APPLICATION, ALL SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND.
9.2 Disclaimer of All Warranties
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE OR QUIET ENJOYMENT, ACCURACY OR RELIABILITY, AND WORKMANLIKE EFFORT OR QUALITY. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT the Application will be uninterrupted, timely, secure, or error-free, the Application will meet your requirements or expectations, the Application will be available at any particular time or location, the Application will be compatible with all devices or systems, defects or errors will be corrected, the Application is free from viruses, malware, or other harmful components, user information is accurate, current, or complete, Provider credentials or qualifications are valid, pricing information is up-to-date, availability information is current, reviews and ratings reflect actual experiences, search results are comprehensive or optimal, user information will be secure from unauthorized access, communications will be confidential or private, user data will not be compromised or breached, security measures are adequate or effective, use of the Application will produce any particular result, you will find suitable Providers or Consumers, events arranged through the Application will be successful, or services obtained will meet your expectations.
9.3 No Endorsement or Recommendation
THE COMPANY DOES NOT endorse any Provider, Consumer, or third party, recommend any specific Provider or service, warrant or guarantee any services offered through the Application, assume responsibility for any user content, communications, or representations, verify or validate user-generated content, or guarantee the accuracy of reviews, ratings, or testimonials.
9.4 Third-Party Services and Links
THE APPLICATION MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES, SERVICES, OR RESOURCES. THE COMPANY does not control or endorse third-party content or services, is not responsible for third-party availability, accuracy, or reliability, makes no warranties regarding third-party services, is not liable for any damages arising from third-party services, and does not guarantee the security of third-party websites.
9.5 Texas-Specific Disclaimer
TEXAS DECEPTIVE TRADE PRACTICES ACT NOTICE: THE COMPANY IS NOT ENGAGED IN THE BUSINESS OF PROVIDING EVENT SERVICES. THE COMPANY PROVIDES ONLY A TECHNOLOGY PLATFORM. PROVIDERS ARE INDEPENDENT BUSINESSES SOLELY RESPONSIBLE FOR SERVICES PROVIDED TO CONSUMERS. ANY CLAIMS REGARDING EVENT SERVICES MUST BE BROUGHT DIRECTLY AGAINST THE PROVIDER, NOT THE COMPANY.
9.6 Jurisdictional Variations
Some jurisdictions do not allow the exclusion of certain warranties or disclaimers. In such jurisdictions, the above disclaimers apply to the maximum extent permitted by law, the Company's liability is limited to the greatest extent legally permissible, and mandatory warranties are limited to the minimum period required by law.
10. LIMITATION OF LIABILITY
Which means: Our liability to you is extremely limited. We're not liable for most types of damages, and any liability is capped at minimal amounts.
TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW AND OTHER APPLICABLE LAWS:
10.1 Exclusion of Damages
THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS, AND CONTRACTORS SHALL NOT BE LIABLE FOR any indirect, incidental, special, exemplary, punitive, or consequential damages, any economic losses including lost profits, lost revenue, lost business opportunities, lost savings, loss of business, loss of goodwill, or loss of anticipated savings, business interruption or downtime, loss of data, loss of use of data, corruption of data, or cost of recovering data, damage to reputation, brand, or goodwill, mental anguish, emotional distress, or pain and suffering, personal injury, illness, death, or bodily harm, property damage, theft, loss, or destruction, injuries occurring at events or during provision of services, damages caused by Provider negligence or misconduct, claims by or against third parties, disputes between Providers and Consumers, venue, vendor, or supplier claims, attendee or guest claims, losses from cancelled, postponed, or unsuccessful events, vendor failures or coordination problems, force majeure events or acts of God, missed opportunities or lost occasions, system failures, outages, or interruptions, security breaches or unauthorized access except to the extent caused by the Company's gross negligence, loss or corruption of data, incompatibility with user systems, breaches of contracts between Providers and Consumers, non-payment or payment disputes, service deficiencies or failures, or contract interpretation disputes, regardless of whether the Company has been advised of the possibility of such damages, the legal theory on which claims are based, whether damages were foreseeable, or whether the Company's actions were negligent.
10.2 Cap on Liability
IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF the total amount you personally paid to the Company in the 12 months immediately preceding the event giving rise to liability or ONE HUNDRED DOLLARS ($100.00). This liability cap applies to all claims collectively, not per claim, all legal theories and causes of action, all damages of any type or nature, all users including both Providers and Consumers, and claims by multiple parties arising from the same facts.
10.3 Essential Basis of the Bargain
You explicitly acknowledge and agree that these limitations on liability are fundamental and essential elements of the agreement between you and the Company, the Company would not provide the Application or Services without these limitations, the fees charged reflect these liability limitations, these limitations allocate risks fairly between the parties, these limitations apply independently of any other provision, and these limitations apply even if stated remedies fail their essential purpose.
10.4 Independent Liability Provisions
Each liability limitation and exclusion in these Terms is severable and independent, shall survive and continue in full force and effect even if other provisions are found invalid or unenforceable, and shall be enforced to the maximum extent permitted by law.
10.5 Texas-Specific Provisions
These liability limitations are intended to comply with Texas law, including the Texas Civil Practice and Remedies Code, the Texas Deceptive Trade Practices Act to the extent applicable, and common law principles of contract and tort. The Company does not disclaim liability for its own gross negligence or intentional misconduct; however, the Company is not liable for gross negligence or intentional misconduct of Providers, Consumers, or third parties, and users must pursue claims for such conduct directly against the responsible party.
10.6 Exceptions to Limitations
The limitations in this Section 10 do NOT apply to the Company's indemnification obligations to the extent required by applicable law, liability that cannot be excluded under applicable law limited to the minimum required, and the Company's obligations to process refunds for Company fees where required by law. These exceptions do NOT extend to claims arising from Provider-Consumer disputes, third-party actions or omissions, events or services arranged through the Application, or user violations of these Terms.
10.7 Allocation of Risk
The parties agree that the fees charged by the Company are based on these limitations, users have the opportunity to obtain insurance to cover risks not assumed by the Company, Providers should maintain appropriate liability insurance, Consumers should consider event insurance, the Company operates as a technology platform only and assumes minimal risk, and these provisions fairly allocate risks given the nature of the services.
10.8 Survival
These liability limitations survive termination or expiration of these Terms, apply regardless of whether claims arise during or after the term of these Terms, and continue indefinitely.
11. INDEMNIFICATION
Which means: You must defend and reimburse us if we get sued because of your actions, your contracts with other users, your violation of laws, or disputes with other users.
11.1 Your Indemnification Obligation
You agree to indemnify, defend, and hold harmless the Company and its affiliates, subsidiaries, parent companies, officers, directors, employees, agents, partners, licensors, suppliers, contractors, representatives, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees, court costs, expert witness fees, and all other costs of litigation) arising from or relating to your access to or use of the Application, your violation of these Terms, your violation of applicable laws or regulations, your violation of third-party rights, content you submit to the Application, your communications with other users, your representations, warranties, or statements, and your business practices or conduct.
If you are a Provider, you additionally agree to indemnify the Indemnified Parties for any and all services you provide to Consumers, the quality, safety, or legality of your services, your failure to perform contracted services, your negligence, errors, or omissions in providing services, professional malpractice or breach of professional standards, your licensing, permits, or credential issues, your failure to maintain adequate insurance, your employment practices and employee actions, your tax obligations or failures, your subcontractors or third-party vendors, your violations of Texas Occupations Code or other professional regulations, your violations of health and safety regulations, your violations of venue rules or policies, your deceptive trade practices, your false advertising or misrepresentation, personal injury, death, or property damage caused by you or your services, Consumer claims arising from your services, venue or third-party claims related to events you service, claims by your employees, contractors, or subcontractors, breach of your contracts with Consumers, disputes with Consumers over services, quality, or payment, refund demands or chargebacks, collection actions or payment disputes, your collection, use, or disclosure of Consumer personal information, your violations of privacy laws (GDPR, CCPA, PIPEDA, etc.), your data breaches or security failures, and your unauthorized use of Consumer information.
If you are a Consumer, you additionally agree to indemnify the Indemnified Parties for any event you organize or host using services arranged through the Application, injuries or damages occurring at your events, your failure to obtain necessary permits or insurance, your violations of venue policies or regulations, your failure to pay Providers according to agreed terms, your fraudulent chargebacks or payment disputes, your breach of agreements with Providers, your misrepresentation of event details or requirements, your harassment or abuse of Providers, your defamation or disparagement of Providers, claims by event attendees or guests, claims by venues or third-party vendors, and claims by individuals depicted in your content.
All users agree to indemnify the Indemnified Parties for intellectual property infringement, including infringement of copyrights, trademarks, patents, or other intellectual property rights, unauthorized use of third-party content, violations of publicity or privacy rights, fraudulent activities or schemes, criminal acts or illegal conduct, money laundering or financial crimes, violations of anti-discrimination laws, use of third-party services accessed through the Application, claims by third-party service providers, violations of third-party terms of service, claims arising from disputes between users, joint and several liability if multiple users are responsible, and cross-claims or third-party claims in litigation.
11.2 Defense and Settlement
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to your indemnification, select counsel to defend such matters, settle such matters on terms the Company deems appropriate, and require your cooperation in the defense. You agree to cooperate fully with the Company's defense, provide all information and assistance requested, not settle, compromise, or admit liability without the Company's prior written consent, appear for depositions, hearings, or trials as needed, and pay all costs of defense in addition to any settlement or judgment. The Company will notify you promptly of any claim subject to indemnification, and failure to provide prompt notice does not relieve your obligations unless you are materially prejudiced.
11.3 Scope and Duration
This indemnification obligation applies to claims arising during or after your use of the Application, covers both direct and third-party claims, includes derivative actions and subrogation claims, applies regardless of the legal theory, and is in addition to any other remedies available to the Company. This indemnification obligation survives termination or expiration of these Terms, continues indefinitely for claims arising from your use of the Application, and is not subject to any statute of limitations except as imposed by law.
11.4 No Limitation
Your indemnification obligations are NOT subject to the limitation of liability provisions in Section 11. You remain fully liable for all indemnified matters, the $100 cap does not apply to your indemnification obligations, and you may be liable for substantial damages, costs, and fees.
11.5 Insurance Requirement
Providers are strongly encouraged and may be required by law to maintain commercial general liability insurance with minimum coverage of $1,000,000 per occurrence, maintain professional liability insurance where applicable, maintain workers' compensation insurance if they have employees, name the Company as an additional insured on applicable policies, and provide certificates of insurance upon request. Consumers are encouraged to obtain event insurance to cover cancellations, injuries, and property damage, verify Provider insurance coverage before engaging services, and maintain homeowners or renters’ insurance covering event liability. Maintenance of insurance does not limit or waive your indemnification obligations.
12. PRIVACY AND DATA PROTECTION
Which means: See our Privacy Policy for how we handle data. You're responsible for complying with privacy laws when dealing with other users' information.
12.1 Privacy Policy Incorporation
Our collection, use, disclosure, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Application, you: Consent to the collection and use of information as described in the Privacy Policy, Acknowledge you have read and understood the Privacy Policy, Agree to the international transfer of data as described in the Privacy Policy.
12.2 User Responsibility for Privacy Compliance
CRITICAL FOR ALL USERS, ESPECIALLY PROVIDERS: When you collect, use, store, or disclose personal information of other users:
Independent Controller Status: You are an independent data controller or data processor under applicable privacy laws, You are NOT acting as an agent or representative of the Company, The Company is NOT responsible for your privacy practices, You have direct legal obligations to data subjects.
Legal Compliance Requirements: You MUST comply with ALL applicable privacy laws, including but not limited to:
United States: Federal Trade Commission Act (FTC Act), California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA), Utah Consumer Privacy Act (UCPA), State data breach notification laws, Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Children's Online Privacy Protection Act (COPPA) - if applicable, Health Insurance Portability and Accountability Act (HIPAA) - if applicable.
International: European Union General Data Protection Regulation (GDPR) - when dealing with EU residents, UK GDPR - when dealing with UK residents, Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), Provincial privacy laws in Canada, Other international privacy laws applicable to your users.
Specific Obligations:
Privacy Notices: Provide clear, conspicuous privacy notices to individuals, Explain what information you collect and why, Describe how you use, store, and share information, Provide privacy notices BEFORE collecting information, Update notices when practices change.
Consent and Opt-In: Obtain valid, informed consent before collecting sensitive information, Obtain opt-in consent for marketing communications, Do not require consent as a condition of service unless necessary, Provide clear opt-out mechanisms, Honor opt-out requests promptly (within 10 business days).
Data Minimization: Collect only information necessary for the stated purpose, Do not collect information for unrelated purposes, Delete information when no longer needed, Implement retention policies.
Security: Implement reasonable security measures to protect personal information, Use encryption for sensitive data in transit and at rest, Restrict access to personal information on a need-to-know basis, Conduct regular security assessments, Have incident response plans for data breaches.
Data Subject Rights: Honor requests for access to personal information, Correct inaccurate information upon request, Delete information upon valid request (subject to legal exceptions), Provide data in portable format when required, Respond to requests within legally required timeframes.
Data Breach Response: Detect and respond to security incidents promptly, Notify affected individuals as required by law (typically within 60-72 hours), Notify regulators as required by applicable law, Document breach response efforts.
Third-Party Sharing: Obtain consent before sharing personal information with third parties, Have data processing agreements with service providers, Ensure third parties have adequate security measures, Limit sharing to stated purposes.
Cross-Border Transfers: Implement appropriate safeguards for international data transfers, Use standard contractual clauses or other approved mechanisms, Notify users about international transfers, Comply with data localization requirements where applicable.
Children's Data: Do NOT collect information from children under 13 without parental consent, Comply with COPPA if collecting children's information, Age-gate services if targeting children, Obtain verifiable parental consent.
12.3 No Liability for User Privacy Violations
THE COMPANY IS EXPLICITLY NOT LIABLE FOR:
User Actions: How users collect, use, store, process, or share personal information obtained through the Application, User violations of privacy laws or regulations, User failures to obtain required consents, User data breaches or security incidents (except where caused by Company's systems), User failure to provide privacy notices, User failure to honor data subject rights requests.
Consequences of User Violations: Regulatory fines or penalties imposed on users, Lawsuits brought by data subjects against users, Reputational damage to users, Business disruption from privacy violations.
Company's Limited Role: The Company provides only a technology platform that facilitates communication, The Company does not control how users handle personal information, The Company does not monitor user compliance with privacy laws, The Company does not review or approve user privacy practices.
12.4 Data Sharing Between Users
How the Application Facilitates Sharing: When the Application enables users to share information: The Company acts only as a technology conduit or intermediary, Information passes directly between users or is temporarily stored for transmission, Recipients become independent controllers of received information, The Company does not control subsequent use of shared information.
User Responsibilities:
Before Sharing: Understand that information shared cannot be un-shared, Review the recipient's privacy practices if available, Share only information necessary for the transaction, Do not share sensitive information unnecessarily.
After Receiving: Use received information only for the stated, agreed-upon purpose, Implement appropriate security measures, Comply with all applicable privacy laws, Delete information when no longer needed, Do not sell or rent information to third parties, Do not use information for unrelated marketing.
Mutual Obligations: Both Providers and Consumers agree: To handle each other's information responsibly, To comply with privacy laws applicable to their use, To notify the other party of data breaches affecting shared information, Not to hold the Company liable for the other party's privacy violations.
12.5 Company Data Practices
Company's Role: The Company: Collects limited information necessary to operate the Application (see Privacy Policy), Facilitates communication and data sharing between users, Stores user data in accordance with the Privacy Policy, Implements security measures to protect data on the platform, Complies with applicable privacy laws for data under its control.
Company's Non-Role: The Company does NOT: Control how Providers handle Consumer information once shared, Monitor user compliance with privacy laws, Review user privacy notices or practices, Mediate privacy disputes between users, Guarantee the privacy practices of users, Act as a data processor for user-to-user data sharing.
12.6 Texas-Specific Privacy Considerations
Texas Identity Theft Laws: Users must comply with Texas Business and Commerce Code Chapter 521 regarding: Protection of sensitive personal information, Data breach notifications, Security of Social Security numbers, Proper disposal of records containing personal information.
Texas Data Breach Notification: If you experience a data breach affecting Texas residents: Notify affected individuals without unreasonable delay, Notification must be in writing (mail or email), Notify the Texas Attorney General if breach affects 250+ Texas residents, Provide prescribed information about the breach.
Biometric Data: Texas Business and Commerce Code Chapter 503: Obtain consent before collecting biometric data, Disclose purpose and retention period, Prohibits sale or lease of biometric data, Requires destruction when purpose is satisfied.
12.7 Record Keeping
Providers should maintain records documenting: Privacy notices provided to Consumers, Consents obtained, Data subject rights requests and responses, Data breaches and response actions, Data processing agreements with third parties, Security measures implemented. These records may be required in regulatory investigations or litigation.
12.8 User Indemnification for Privacy Violations
Users agree to indemnify the Company for all claims, damages, fines, penalties, and costs arising from: User violations of privacy laws, User failures to obtain required consents, User data breaches, User misuse of personal information, Regulatory actions against users, Lawsuits by data subjects. This indemnification is in addition to the general indemnification in Section 12.
13. GOOGLE API SERVICES AND USER DATA
Which means: We connect to Google services on your behalf. Google's rules govern how we use that data, and we comply strictly with them.
13.1 Overview of Google Integrations
The Bazmia™ Application integrates with certain Google APIs to provide features that allow you to access and use Google services from within the Bazmia™ Application. Specifically, Bazmia™ integrates with: Gmail (Google's email service), Google People (Google Contacts), and Google Calendar. These integrations are optional and require your explicit authorization. By connecting your Google Account to the Bazmia™ Application, you authorize Bazmia™ to access the specific Google data described in this Section, subject to the permissions you grant at the time of authorization.
13.2 Required Google Limited Use Disclosure
The Bazmia™ Application's use and transfer to any other app of information received from Google Accounts will adhere to the Google API Services User Data Policy, including the Limited Use requirements. This means Bazmia™ will only use data obtained from Google APIs to provide or improve user-facing features that are visible and prominent in the Bazmia™ Application's user interface, and for no other purpose.
13.3 Gmail Integration
Scope and Purpose: When you connect your Gmail account to the Bazmia™ Application, Bazmia™ accesses your Gmail account solely to enable you to compose, send, and read email messages from within the Bazmia™ Application interface. This integration is designed to allow you to manage event-related and program-related communications without leaving the Bazmia™ Application.
Data Handling: Bazmia™ does not store, retain, or archive your email messages within the Bazmia™ Application unless you explicitly and affirmatively choose to save a specific email in connection with a Bazmia™ event or program. Emails that you do not explicitly save are not retained by Bazmia™ beyond the active session in which they are accessed. Bazmia™ does not scan, analyze, index, or otherwise process the content of your emails for any purpose other than displaying them to you within the Application.
Prohibited Uses: Bazmia™ will not use your Gmail data to serve advertisements, to build user profiles, to sell or transfer data to third parties, to perform data analytics, or for any purpose other than providing the in-Application email functionality described above.
13.4 Google People (Contacts) Integration
Scope and Purpose: When you connect your Google Contacts to the Bazmia™ Application, Bazmia™ reads your Google contacts and syncs them into the Bazmia™ Application's contact management functionality. This enables you to access your existing contact list within Bazmia™ for purposes of event planning, communications, and program management.
Data Handling: Bazmia™ imports and stores a copy of your Google contacts within the Bazmia™ Application to enable the contacts sync-up functionality. Bazmia™ does not create, modify, or delete contacts in your Google account. All contact data synchronized from Google is subject to Bazmia™'s Privacy Policy. You may disconnect the Google Contacts integration at any time, which will prevent further syncing, though previously synced contacts may remain in the Bazmia™ Application unless you delete them.
Prohibited Uses: Bazmia™ will not use your Google contacts data to serve advertisements, to sell or transfer your contacts to third parties, to build marketing databases, or for any purpose other than providing the contact management functionality described above.
13.5 Google Calendar Integration
Scope and Purpose: When you connect your Google Calendar to the Bazmia™ Application, Bazmia™ reads your existing Google Calendar events and syncs them into the Bazmia™ Application's calendar and scheduling functionality. This enables you to view your existing calendar events within Bazmia™ for purposes of coordination and scheduling.
Data Handling: Bazmia™ imports and stores a copy of your Google Calendar event data within the Bazmia™ Application to enable the calendar sync-up functionality. Bazmia™ does not create, modify, or delete calendar events in your Google account. All calendar data synchronized from Google is subject to Bazmia™'s Privacy Policy. You may disconnect the Google Calendar integration at any time, which will prevent further syncing, though previously synced events may remain in the Bazmia™ Application unless you delete them.
Prohibited Uses: Bazmia™ will not use your Google Calendar data to serve advertisements, to sell or transfer your calendar data to third parties, or for any purpose other than providing the calendar and scheduling functionality described above.
13.6 User Authorization and Consent
You authorize the Google integrations described in this Section by connecting your Google Account to the Bazmia™ Application through Google's OAuth authentication flow. You may revoke Bazmia™'s access to your Google Account at any time by: disconnecting the integration within the Bazmia™ Application settings, or visiting your Google Account's security settings at myaccount.google.com and removing Bazmia™'s access. Revoking access will immediately prevent Bazmia™ from accessing new data from your Google Account, but will not automatically delete data that Bazmia™ has already synced and stored, which must be deleted separately within the Bazmia™ Application.
13.7 Data Security
Bazmia™ takes reasonable and appropriate technical and organizational steps to protect all data obtained from Google APIs against unauthorized or unlawful access, use, destruction, loss, alteration, or disclosure. Bazmia™ does not allow its employees or contractors to read your Google data (including email content, contacts, or calendar events) except with your affirmative consent, for security investigation purposes, or where required by applicable law.
13.8 No Transfer or Sale of Google Data
Bazmia™ will not sell, rent, or otherwise transfer data obtained from Google APIs to any third party except as strictly necessary to provide the features described in this Section, or as required by applicable law. Bazmia™ will not use data obtained from Google APIs to train machine learning or artificial intelligence models. Bazmia™ will not use data obtained from Google APIs for any purpose that constitutes a prohibited use under the Google API Services User Data Policy.
13.9 BAZMIA Is Not Affiliated with Google
The Bazmia™ Application is an independent application and is not affiliated with, endorsed by, or sponsored by Google LLC. Google, Gmail, Google Calendar, and Google People are trademarks of Google LLC. Bazmia™'s use of Google APIs is subject to Google's terms of service. Your use of Google services through the Bazmia™ integration is also subject to Google's Terms of Service and Privacy Policy, which are available at google.com/policies.
13.10 Changes to Google Integrations
Bazmia™ may modify, suspend, or discontinue any Google integration feature at any time, including as a result of changes to Google's API policies, terms, or technical requirements. If Bazmia™ makes a material change to the way it uses Google user data, Bazmia™ will notify you and seek your renewed consent before accessing your Google data in any new way.
14. PAYMENTS AND PAYMENT PROCESSING
Which means: Planners and Vendors connect their own Stripe accounts to Bazmia™ to accept payments from their customers. Bazmia™ does not process, hold, or store your payment card information. Stripe — not Bazmia™ — is responsible for payment processing. Planners and Vendors are primarily responsible for their own transactions.
14.1 Overview of Stripe Integration
The Bazmia™ Application integrates with Stripe, Inc. ("Stripe") through Stripe Connect, a payment infrastructure service that enables software platforms to extend Stripe's payment processing capabilities to merchants. Bazmia™ uses the Stripe Connect "Build a SaaS Platform" integration model, which allows Planners and Vendors (referred to in this Section as "Connected Accounts") to connect their own Stripe accounts to the Bazmia™ Application and accept payments directly from their customers (Consumers) through the Bazmia™ platform.
14.2 Bazmia™'s Role: Platform Only
Bazmia™ acts solely as a technology platform that facilitates access to Stripe's payment services for Connected Accounts. Bazmia™ is not a payment processor, money transmitter, bank, or financial institution. Bazmia™ does not process payments, hold funds, issue refunds, or assume liability for payment transactions between Connected Accounts and their customers. Bazmia™'s role is limited to providing the software interface through which Connected Accounts access and manage their own Stripe accounts.
14.3 Direct Charges: Liability Structure
Bazmia™ uses Stripe Connect's Direct Charges model. Under this model: the payment relationship is directly between the Connected Account (Planner or Vendor) and their end customer (Consumer); the Connected Account is the merchant of record for all transactions it processes; the Connected Account bears primary responsibility and liability for all charges, disputes, chargebacks, refunds, and compliance obligations associated with its transactions; and Bazmia™ is not the merchant of record and does not assume the Connected Account's liability for customer disputes or chargebacks.
14.4 Connected Account Obligations
To use payment processing features within the Bazmia™ Application, Planners and Vendors must create or connect an existing Stripe account and agree to Stripe's Connected Account Agreement, available at stripe.com/legal/connect-account, and Stripe's Services Agreement, available at stripe.com/legal/ssa. By connecting a Stripe account to the Bazmia™ Application, Connected Accounts represent and warrant that they have read, understood, and agreed to all applicable Stripe terms and policies. Connected Accounts are solely responsible for ensuring that all information provided to Stripe, whether directly or through the Bazmia™ Application, is accurate and complete. Connected Accounts are solely responsible for all goods and services they sell to their customers, including the proper description, delivery, and fulfillment of those goods and services. Connected Accounts are solely responsible for handling customer service, refunds, returns, and complaints arising from their own transactions. Connected Accounts are solely responsible for their compliance with all applicable laws, regulations, and financial requirements in connection with their use of payment services, including applicable tax obligations. Connected Accounts are solely responsible for maintaining the security of their Stripe account credentials.
14.5 Payment Flow
When a Connected Account initiates or accepts a payment through the Bazmia™ Application, the user is directed to Stripe's secure payment interface or the Connected Account's Stripe login. Payment processing, authorization, and settlement occur entirely within Stripe's systems. Upon completion of the payment process, the user is redirected back to the Bazmia™ Application. At no point during this process does Bazmia™ access, store, process, or transmit payment card numbers, bank account numbers, CVV codes, or other sensitive payment credentials.
14.6 No Storage of Payment Card Data
Bazmia™ does not store, process, or transmit payment card information, bank account numbers, or other sensitive financial credentials. All payment card data is handled exclusively by Stripe in accordance with Stripe's Payment Card Industry Data Security Standard (PCI DSS) compliance obligations and Stripe's Privacy Policy, available at stripe.com/privacy. Bazmia™ is not responsible for Stripe's handling, storage, or security of payment data. In the event of a data breach or security incident involving payment data that is held exclusively by Stripe, Bazmia™'s liability is limited to the extent described in Section 11 (Limitation of Liability) of these Terms.
14.7 Stripe Fees and Pricing
Stripe charges its own fees for payment processing services, which are separate from and in addition to any fees Bazmia™ may charge for use of the Application. Stripe's fees are set by Stripe and are subject to change by Stripe in accordance with Stripe's own terms. Bazmia™ is not responsible for Stripe's fee structures, changes to Stripe's fees, or any fees that Stripe deducts from a Connected Account's balance. Connected Accounts should refer directly to Stripe's pricing page at stripe.com/pricing for current fee information.
14.8 Disputes, Chargebacks, and Refunds
Under the Direct Charges model, all payment disputes and chargebacks are between the Connected Account and their customer, handled directly by Stripe. Bazmia™ is not a party to any payment dispute or chargeback. Bazmia™ has no obligation to intervene in, mediate, or resolve any payment dispute between a Connected Account and their customer. Bazmia™ has no obligation to facilitate or issue refunds on behalf of a Connected Account. Connected Accounts are solely responsible for maintaining adequate funds to cover chargebacks, disputes, and refunds that Stripe may assess against their Stripe account. Bazmia™'s no-refund policy described in Section 14.3 (Effect of Termination) applies only to Bazmia™'s own platform fees, not to payments processed by Connected Accounts through Stripe.
14.9 Stripe Account Termination or Suspension
If a Connected Account's Stripe account is suspended or terminated by Stripe for any reason, Bazmia™ has no obligation to reinstate that account, to facilitate payments through alternative means, or to compensate the Connected Account for any resulting inability to accept payments. The suspension or termination of a Stripe account does not constitute grounds for termination of these Terms or for any claim against Bazmia™.
14.10 Bazmia™'s Indemnification for Stripe Obligations
Connected Accounts agree to indemnify, defend, and hold harmless Bazmia™ and its officers, directors, employees, and agents from and against any and all claims, losses, liabilities, damages, fines, penalties, and expenses (including reasonable attorneys' fees) arising from or related to: the Connected Account's use of Stripe services; the Connected Account's failure to comply with Stripe's Connected Account Agreement or Services Agreement; any payment disputes, chargebacks, or refund claims arising from the Connected Account's transactions; and the Connected Account's failure to comply with applicable payment laws and regulations.
14.11 Bazmia™ Not Liable for Stripe Service Disruptions
Bazmia™ is not responsible for any service interruption, failure, or error in Stripe's payment processing systems, including any downtime, transaction failures, incorrect settlements, or data errors attributable to Stripe's systems or services. Connected Accounts should contact Stripe directly for support regarding Stripe account issues, payment processing questions, and disputes.
14.12 Compliance with Payment Laws
Connected Accounts are solely responsible for determining and complying with all applicable laws and regulations governing their acceptance of payments, including anti-money laundering laws, Know Your Customer (KYC) requirements, consumer protection laws, and applicable tax laws. Bazmia™ makes no representation that use of the Stripe integration through the Bazmia™ Application satisfies any particular legal requirement applicable to a Connected Account's business.
14.13 Changes to Stripe Integration
Bazmia™ may modify, suspend, or discontinue the Stripe Connect integration at any time, including as a result of changes to Stripe's API, terms, or policies. Bazmia™ will provide reasonable notice of material changes to this integration where practicable. Bazmia™ is not liable for any losses or damages arising from changes to the Stripe integration, including changes required by Stripe.
14.14 Platform Fees
The Company may charge fees for use of the Application, including but not limited to: Provider Subscription Fees: Monthly or annual fees for Provider accounts. Transaction Fees: Percentage of transaction value when payments are processed through the Application. Premium Features: Additional fees for enhanced listings, priority placement, or additional services. Consumer Fees: Booking or service fees charged to Consumers.
At this time fees are being evaluated, but all fees will be: Stated in U.S. Dollars (USD), Charged to your authorized payment method on file, Non-refundable unless otherwise specified, and Subject to applicable taxes.
The Company reserves the right to: Modify fees with 30 days' advance written notice, Charge fees to your authorized payment method automatically, Suspend access for non-payment of fees, Charge late fees or interest on overdue amounts at the rate of 1.5% per month (18% annually) or the maximum rate permitted under Texas law, whichever is less.
15. DISPUTE RESOLUTION
Which means: You must try to resolve disputes with us through arbitration, not court. You waive your right to participate in class actions. Disputes with other users must be resolved directly between you and them.
15.1 Disputes Between Users
IMPORTANT: The Company is NOT a Party to User Disputes. The Company is NOT a party to disputes between Providers and Consumers, and all such disputes MUST be resolved directly between the parties involved.
No Mediation or Arbitration: The Company: Will NOT mediate, arbitrate, or adjudicate disputes between users, Has NO obligation to intervene in disputes, Will NOT provide binding or non-binding dispute resolution, Will NOT make determinations about who is right or wrong, Will NOT enforce contracts between users.
No Liability for User Disputes: The Company: Is NOT liable for damages arising from user disputes, Will NOT provide compensation or refunds for user disputes, Will NOT guarantee resolution of disputes, May suspend accounts involved in disputes at its discretion.
User Responsibilities: Users are solely responsible for: Negotiating resolution directly with the other party, Seeking legal advice about their disputes, Pursuing legal action if necessary, Bearing all costs of dispute resolution.
Information Provision: The Company: May provide limited factual information if subpoenaed or required by law, Will NOT provide testimony or expert opinions, Will NOT voluntarily participate in user litigation, May charge fees for responding to subpoenas.
Account Suspension: The Company reserves the right to: Suspend accounts of users involved in serious disputes, Suspend accounts pending resolution of legal proceedings, Terminate accounts that pose risks to the platform, Refuse to reinstate accounts after disputes.
15.2 Disputes with the Company
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.2.1 Pre-Arbitration Informal Dispute Resolution
Mandatory Negotiation: Before filing any formal claim against the Company, you agree to: Send Written Notice: Email a detailed written notice to support@bazmia.com describing: Your name and contact information, A detailed description of the dispute, The relief or remedy you seek, Any supporting documentation. Good Faith Negotiation: Engage in good faith negotiations with the Company for at least 30 days. Personal Discussion: If requested, participate in a phone call or video conference to discuss resolution.
Company's Opportunity: The Company will have 30 days from receipt of your notice to: Investigate your concerns, Propose a resolution, Offer compensation or remedies, Make changes to policies or practices.
Benefits of Informal Resolution: Faster resolution than litigation or arbitration, Lower costs for both parties, Opportunity for creative solutions, Preserves business relationships.
Requirement: Failure to complete this informal dispute resolution process is a breach of these Terms and may result in dismissal of any arbitration or legal proceeding.
15.2.2 Binding Arbitration
Agreement to Arbitrate: If informal resolution fails, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Application SHALL be resolved exclusively through binding arbitration, NOT through litigation in court (except as specifically provided below).
Scope of Arbitration: Arbitration applies to ALL disputes, including but not limited to: Claims arising from or related to these Terms, Claims arising from or related to use of the Application, Claims related to fees, charges, or refunds, Claims of breach of contract, Claims of fraud, misrepresentation, or negligence, Claims of privacy violations or data breaches, Claims of intellectual property infringement, Claims arising from advertising or marketing, Constitutional or statutory claims, Claims that accrued before you agreed to these Terms.
Arbitration Rules and Administrator: Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or if you are a business user, under its Commercial Arbitration Rules. AAA Rules: Available at www.adr.org, AAA Filing: File arbitration at www.adr.org or by calling 1-800-778-7879.
Arbitration Procedures: Arbitrator: One neutral arbitrator will be selected according to AAA rules, The arbitrator must be licensed to practice law in Texas, The arbitrator must have experience in technology disputes. Location: For in-person hearings: Dallas, Houston, Austin, or San Antonio, Texas (closest to your residence), Remote hearings available by mutual agreement. Hearing Format: Documents-only arbitration (no hearing) if claim is under $10,000, Telephonic or video hearing available upon request, In-person hearing available upon request and good cause. Discovery: Limited discovery as determined by the arbitrator, Generally more limited than court litigation. Decision: The arbitrator's decision is final and binding, The arbitrator must issue a written decision with findings of fact and conclusions of law, The decision can be entered as a judgment in any court of competent jurisdiction.
Fees and Costs: Arbitration Filing Fees: If you are a consumer and your claim is under $75,000: The Company will pay all AAA filing, administration, and arbitrator fees, You are responsible for your own attorneys' fees unless the arbitrator awards them. If you are a business user or your claim is over $75,000: Fees will be allocated according to AAA rules, Generally, each party bears its own costs. Cost Limitation: In no event will you be required to pay more than you would pay to file a lawsuit in court. Attorney's Fees: Each party bears its own attorneys' fees, The arbitrator may award attorneys' fees if permitted by applicable law or these Terms, The prevailing party may recover attorneys' fees if Texas law allows.
Governing Law: The arbitration will be governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., Texas substantive law governs the interpretation and enforcement of these Terms, The arbitrator will apply Texas law to the merits of any dispute.
15.2.3 Exceptions to Arbitration
Either party may seek relief in court for: Intellectual Property Claims: Trademark infringement or dilution, Copyright infringement, Patent infringement, Trade secret misappropriation, Other intellectual property violations.
Equitable Relief: Injunctions to prevent misuse of the Application, Injunctions to prevent violations of confidentiality, Injunctions to prevent unauthorized access or hacking, Injunctions to prevent violations of intellectual property rights.
Small Claims Court: Either party may bring an individual action in small claims court, Action must be within the jurisdictional limits of small claims court, Action must remain in small claims court (if removed to higher court, arbitration applies).
Emergency Relief: Either party may seek emergency or temporary relief from a court to prevent irreparable harm, Such relief is preliminary only and does not waive arbitration, The merits of the dispute will be resolved in arbitration.
15.2.4 Class Action and Collective Action Waiver
NO CLASS ACTIONS: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING.
Specific Prohibitions: You MAY NOT: Participate as a class member in any class action lawsuit against the Company, Serve as a class representative or lead plaintiff in any class action, Bring claims on behalf of others in a representative capacity, Consolidate or join your claim with claims of other users, Participate in a collective action, mass action, or consolidated arbitration.
No Private Attorney General Actions: You waive any right to bring claims under the Private Attorneys General Act (PAGA) or similar statutes on behalf of other individuals or the general public.
Effect of Waiver: This waiver means: The arbitrator cannot consolidate multiple persons' claims, The arbitrator cannot preside over any class, collective, or representative proceeding, You cannot recover damages or relief on behalf of others, Each user must bring claims individually.
Severability of Class Action Waiver: If the class action waiver is found to be unenforceable for any reason: The entire arbitration agreement (Section 13.2.2) is void, The dispute will be resolved in court subject to the jury trial waiver (Section 13.2.6), All other Terms remain in effect.
15.2.5 Batch Arbitration
If 25 or more similar arbitration demands are filed against the Company: They will be processed in batches of 10, Each batch will be arbitrated separately, The Company will pay AAA fees for the first batch, Fees for subsequent batches will be allocated according to AAA rules, Arbitrators will render decisions sequentially. This process: Conserves resources, Allows learning from earlier decisions, May encourage settlement.
15.2.6 Jury Trial Waiver
WAIVER OF JURY TRIAL: IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL. This waiver applies to: All claims and disputes that would otherwise be subject to arbitration, Claims brought in court due to exceptions to arbitration, Claims where arbitration is found unenforceable. Effect of Waiver: All disputes in court will be decided by a judge, not a jury, You waive any constitutional or statutory right to jury trial, This waiver is knowing, voluntary, and intentional.
15.2.7 Opt-Out Right
30-Day Opt-Out Period: You have the RIGHT TO OPT OUT of the arbitration and class action waiver provisions.
How to Opt Out: To opt out, you must: Send written notice to: Bazmia Inc., LLC, Attn: Arbitration Opt-Out, 2210 Loring Drive, Allen, TX 75013 USA. Include: Your full name, Your email address, Your phone number, Statement: "I opt out of the arbitration and class action waiver provisions". Send within 30 days of: First accepting these Terms, OR Any material change to this Section 13.
Effect of Opting Out: If you opt out: You can sue the Company in court, The Company can sue you in court, You can participate in class actions, All other Terms remain in effect, The Company may discontinue providing services to you.
No Retroactive Opt-Out: You cannot opt out after the 30-day period, Failure to opt out means you agree to arbitration, Opt-out is binding and irrevocable.
15.2.8 Modification of Arbitration Terms
Notice of Changes: If the Company changes this Section 13: The Company will provide 30 days' advance notice, Notice will be sent to your registered email, Notice will be posted prominently on the Application.
Opt-Out of Changes: You may opt out of any material change by sending notice within 30 days as described in Section 13.2.7.
Effect: Changes apply to disputes arising after the effective date, Changes do not apply to disputes already in arbitration or litigation, Continued use after changes take effect constitutes acceptance.
15.2.9 Severability
If any provision of this Section 13 is found to be invalid or unenforceable: Only that specific provision is severed, All other provisions remain in full effect, The parties will work in good faith to reach a mutually agreeable modification. Exception: If the class action waiver (Section 13.2.4) is found invalid, the entire arbitration agreement is void (as stated in that section).
15.2.10 Survival
This Section 13: Survives termination of these Terms, Continues indefinitely, Applies to disputes arising during or after your use of the Application.
16. TERMINATION
Which means: Either you or we can terminate your account. We can suspend or terminate immediately for violations. After termination, certain provisions survive.
16.1 Termination by You
Voluntary Account Closure: You may terminate your account at any time by: Email Request: Sending a termination request to support@bazmia.com, In-App Process: Following the account deletion process in your account settings (if available), Written Notice: Sending written notice to the Company's address.
Termination Process: Upon receipt of your termination request: The Company will deactivate your account within 5 business days, Your profile and listings will be removed from public view, You will lose access to the Application, Your account may be retained in archived form for legal compliance.
No Partial Termination: You cannot terminate only part of these Terms, Termination is all-or-nothing, You must cease all use of the Application.
16.2 Termination by Company
Company's Termination Rights: The Company may suspend or terminate your account immediately, with or without prior notice, at the Company's sole and absolute discretion, if: Violations of Terms: You violate any provision of these Terms, You violate any policy incorporated by reference, You violate community guidelines or standards. Fraudulent Activity: You engage in fraud, misrepresentation, or deception, You create fake accounts or profiles, You manipulate ratings or reviews, You engage in payment fraud or chargebacks. Illegal Conduct: You violate any federal, state, or local law, You engage in criminal activity, You use the Application for illegal purposes, Law enforcement requests or orders.
User Complaints: You receive excessive complaints from other users, You have a pattern of disputes or conflicts, You engage in harassment or abuse of other users, You damage the Company's reputation. Security and Safety Risks: Your account poses security risks to the platform, You attempt to hack, disrupt, or compromise the Application, You engage in activities that threaten platform integrity, You pose a safety risk to other users. Payment Issues: You fail to pay fees owed to the Company, You have excessive chargebacks, Your payment methods are invalid or fraudulent. Inactivity: Your account has been inactive for 2+ years, You fail to respond to account verification requests.
Business Reasons: The Company ceases operations, The Company exits certain markets or service areas, The Company changes its business model, Required by the Company's service providers or partners. Provider-Specific Termination Grounds: Providers may be terminated for: Operating without required licenses or insurance, Failing to provide contracted services, Poor service quality or excessive Consumer complaints, Misrepresentation of credentials or qualifications, Using unlicensed subcontractors, Price gouging or unfair practices. Consumer-Specific Termination Grounds: Consumers may be terminated for: Failing to pay Providers, Filing fraudulent claims or disputes, Harassment or abuse of Providers, Making unreasonable demands.
16.3 Effect of Termination
Immediate Consequences:
Upon termination or suspension:
Access: Your right to access and use the Application immediately ceases. You must immediately stop using the Application. You may not access the Application through other accounts. You may not create new accounts without Company permission.
Data: The Company is not obligated to maintain or provide your data. The Company may delete your content and data at any time. You should download any data you want to retain before termination. The Company may retain certain data as described in the Privacy Policy.
Financial: You remain liable for all obligations incurred before termination. Outstanding fees owed to the Company remain due and payable immediately. NO REFUNDS will be provided for unused services or prepaid fees. The Company may withhold funds to cover potential liabilities.
Communications: All pending communications or negotiations are terminated. You may not use the Application to communicate with other users. The Company is not obligated to forward messages or notifications.
16.4 Survival of Terms
Provisions That Survive:
The following sections survive termination and continue indefinitely: Section 6 (Communications and Data Sharing) - for past activities; Section 7 (Prohibited Conduct) - for past violations; Section 8 (Intellectual Property) - Company ownership rights; Section 9 (No Liability for User Conduct and Transactions); Section 10 (Disclaimers of Warranties); Section 11 (Limitation of Liability); Section 12 (Indemnification); Section 13 (Privacy and Data Protection) - for data retention; Section 14 (Dispute Resolution); Section 14.4 (Survival); and Section 16 (General Provisions).
Why Provisions Survive:
These provisions must survive because they protect the Company from claims arising from your use, they govern resolution of disputes arising before or after termination, they preserve intellectual property rights, and they address ongoing financial obligations.
16.5 Effect on User Contracts
Existing Provider-Consumer Contracts: Termination of your account does NOT terminate existing contracts between Providers and Consumers, relieve you of obligations under existing contracts, affect ongoing events or services, or eliminate liability for past actions.
Provider Responsibilities: Terminated Providers must fulfill all existing contracts with Consumers, honor all commitments made before termination, continue to be liable for services provided, and communicate directly with Consumers about ongoing matters.
Consumer Responsibilities: Terminated Consumers must pay for all services received or contracted and honor existing agreements with Providers. Terminated Consumers cannot claim termination as excuse for non-payment.
No Company Liability: The Company is not responsible for facilitating communication after termination, will not store or forward messages, will not intervene in completing contracted services, and has no liability for incomplete contracts.
16.6 Reinstatement
No Automatic Right: You have NO automatic right to reinstatement. Reinstatement is entirely at the Company's discretion. The Company may refuse reinstatement for any reason.
Requesting Reinstatement: To request reinstatement, email support@bazmia.com with: your name and previous account information; an explanation of circumstances; corrective actions taken; and the reason reinstatement should be granted.
Company's Decision: The Company may grant or deny reinstatement for any reason, impose conditions on reinstatement, require additional verification or documentation, require payment of outstanding fees, require execution of new agreements, and place restrictions on reinstated accounts.
No Review or Appeal: The Company's reinstatement decision is final. There is no formal appeal process. The Company is not obligated to explain denial.
17. MODIFICATIONS TO TERMS
Which means: We can change these Terms. We'll notify you of material changes. Continued use means you accept the changes.
17.1 Right to Modify
The Company reserves the right to modify, amend, update, or replace these Terms at any time, in its sole and absolute discretion, with or without cause.
Scope of Changes: The Company may modify any provision of these Terms, any policies incorporated by reference, fee structures and pricing, service features or availability, eligibility requirements, and any other terms or conditions.
17.2 Notice of Changes
How Notice is Provided: The Company will provide notice of material changes by: Email Notification — sending notice to your registered email address; In-App Notification — posting a prominent banner or notification in the Application; Website Notice — posting notice on the Company's website; and Updated Date — updating the "Last Updated" date at the top of these Terms.
What Constitutes "Material" Changes: Material changes include those that significantly expand the Company's rights or your obligations, significantly limit your rights or the Company's obligations, change fee structures or pricing, modify dispute resolution provisions (Section 14), change limitation of liability provisions (Section 11), or alter indemnification obligations (Section 12).
17.3 Effective Date of Changes
Timing of Effectiveness: For Material Changes: changes will be effective 30 days after notice is provided, you have 30 days to opt out or object, and the "Last Updated" date will reflect when changes take effect.
For Non-Material Changes: changes may be effective immediately upon posting; examples include clarifications, updates to contact information, and formatting changes; the "Last Updated" date will be updated.
For Certain Changes Effective Immediately: the following changes may be effective immediately without advance notice — changes required by law, regulation, or court order; changes to prevent fraud, abuse, or security threats; changes to address emergency situations; changes to correct errors or ambiguities; and changes to add terms for new features (that do not affect existing features).
17.4 Your Options Regarding Changes
Acceptance of Changes: By continuing to access or use the Application after changes take effect, you agree to be bound by the modified Terms, accept all changes without reservation, and waive any objections to the changes.
Objection to Changes: If you do not agree to the changes:
Option 1: Terminate Your Account. You may terminate your account before changes take effect. Follow the process in Section 14.1. You will not be bound by the new Terms. No refunds will be provided.
Option 2: Opt Out of Specific Changes. For certain material changes (specifically changes to Section 14 Dispute Resolution): you may opt out within 30 days; follow the opt-out process described in Section 14.2.7; you will be bound by the previous version of that section only; and all other modified Terms will still apply.
What You CANNOT Do: You cannot continue using the Application while refusing to accept modified Terms, selectively accept some provisions while rejecting others (except dispute resolution opt-out), or negotiate individual Terms different from those offered.
17.5 Your Responsibility to Review
Duty to Stay Informed: You are responsible for periodically reviewing these Terms for changes, checking your email for change notifications, reading in-App notifications, and understanding changes before continuing use.
No Excuse for Ignorance: "I didn't know the Terms changed" is not a valid defense. You are bound by Terms in effect at the time of use. Failure to receive or read notice does not excuse non-compliance.
17.6 Dispute Resolution for Prior Conduct
Grandfather Clause: If a dispute arises from conduct that occurred before Terms were modified: the Terms in effect at the time of conduct govern that specific dispute; this applies only to the dispute resolution provisions (Section 14); and all other modified Terms apply to the dispute itself.
Example: Incident occurs January 1, 2026 under old Terms. Terms are modified March 1, 2026. Dispute is filed May 1, 2026. Dispute resolution process: Old Terms (January 1). Substantive rights and liabilities: New Terms (March 1).
This ensures fairness regarding arbitration and forum selection while allowing updates to substantive provisions.
17.7 Posting of Previous Versions
The Company may (but is not obligated to) maintain archives of previous Terms versions, make previous versions available upon request, and provide copies for dispute resolution purposes.
17.8 No Retroactive Application
Modified Terms apply prospectively only, except: clarifications or corrections apply retroactively; changes required by law may apply retroactively as required; and the Company reserves the right to make retroactive changes when necessary to prevent fraud or abuse, required by court order, or necessary to correct material errors.
17.9 Modification of Fees
Special Rules for Fee Changes: Changes to platform fees are subject to additional requirements.
Advance Notice: 30 days' advance written notice is required. Notice is sent to the registered email address. The effective date is clearly stated.
Your Options: Accept the new fees by continuing to use the Application, or terminate your account before the effective date. No partial acceptance is permitted (you cannot accept lower fees while rejecting higher fees).
Subscription Services: For subscription services: fee changes apply at the next renewal period; the current subscription term honors old pricing; you may cancel before renewal to avoid new fees; and cancellation must occur at least 24 hours before renewal.
17.10 Entire Agreement After Modification
After any modification: the modified Terms constitute the entire agreement; previous versions are superseded and no longer binding (except as specified in Section 15.6); side agreements or understandings are invalid unless in writing and signed by the Company; and any conflicting statements by Company representatives are superseded by written Terms.
18. GENERAL PROVISIONS
18.1 Entire Agreement
These Terms, together with the Privacy Policy (incorporated by reference), any service-specific terms or policies referenced herein, and any additional terms accepted for specific features or services, constitute the ENTIRE AGREEMENT between you and the Company regarding your use of the Application, all subject matters covered in these Terms, and your relationship with the Company.
Supersedes All Prior Agreements: These Terms supersede and replace all prior or contemporaneous agreements, oral or written; all prior versions of these Terms; all proposals, negotiations, or discussions; all representations or statements not contained herein; and any conflicting or inconsistent terms in other documents.
No Other Agreements: Except as explicitly stated in these Terms: there are no side agreements or understandings; no Company employee or representative has authority to modify these Terms orally; email or chat communications do not modify these Terms; and only written agreements signed by an authorized Company officer can modify these Terms.
18.2 Governing Law
Texas Law Applies: These Terms, and any disputes arising from or relating to these Terms or your use of the Application, are governed by and shall be construed in accordance with the laws of the State of Texas, federal laws of the United States applicable in Texas, WITHOUT regard to conflict of law principles.
Exclusions: The following do NOT apply: conflict of law rules that would apply another jurisdiction's law; the United Nations Convention on Contracts for the International Sale of Goods (CISG); and the Uniform Computer Information Transactions Act (UCITA).
Why Texas Law: Texas law applies because the Company is incorporated in Texas, the Company's principal place of business is in Texas, the Application is operated from Texas, and Texas has a well-developed body of commercial law.
18.3 Jurisdiction and Venue
Exclusive Jurisdiction: Subject to the arbitration provisions in Section 14, you agree that: For Claims in Court: exclusive jurisdiction and venue for any court action lies in the state and federal courts located in [Dallas/Harris/Travis/Bexar] County, Texas; you irrevocably consent to personal jurisdiction in such courts; and you irrevocably waive any objection to jurisdiction or venue in such courts.
For Arbitration: arbitration location as specified in Section 14.2.2; and courts in [Dallas/Harris/Travis/Bexar] County, Texas have exclusive jurisdiction to enforce arbitration provisions, confirm arbitration awards, enter judgment on arbitration awards, and issue injunctions to compel arbitration.
Waiver of Inconvenient Forum: You waive any claim that Texas is an inconvenient forum, that you lack minimum contacts with Texas, that jurisdiction or venue is improper, or that another forum would be more appropriate.
18.4 Severability
Enforceability of Individual Provisions: If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable under applicable law; in violation of public policy; or contrary to mandatory law, then:
Limited Effect: ONLY that specific provision will be deemed invalid. The invalid provision will be severed from these Terms. All other provisions remain in full force and effect. The remaining Terms continue to be binding.
Reformation: The invalid provision will be reformed to the minimum extent necessary to make it valid and enforceable. The reformed provision will reflect the parties' original intent as closely as possible. If reformation is not possible, the provision will be deleted.
Exception: As stated in Section 14.2.4, if the class action waiver is found unenforceable, the entire arbitration agreement is void (not just the class action waiver).
18.5 No Waiver
Failure to Enforce: The Company's failure or delay in enforcing any provision of these Terms, exercising any right or remedy, or requiring performance of any obligation does NOT constitute a waiver of that provision, right, remedy, or obligation; a waiver of the Company's right to enforce in the future; an estoppel against future enforcement; or a modification of these Terms.
Specific Waivers: Any waiver by the Company must be in writing, signed by an authorized Company officer, explicitly state what is being waived, and specify the scope and duration of the waiver.
Effect of Waiver: A waiver in one instance does not waive future violations. A waiver of one provision does not waive other provisions. Waivers are narrowly construed.
18.6 Assignment
Your Restrictions: You may NOT assign, transfer, or delegate these Terms or any rights or obligations hereunder; transfer your account to another person or entity; sell, rent, or lease your account; or allow others to use your account. Any attempted assignment by you is void and of no effect, a material breach of these Terms, and grounds for immediate termination.
Company's Rights: The Company MAY, without notice or consent, assign these Terms to any affiliate, subsidiary, or parent company; assign these Terms to any successor in the event of merger or acquisition, sale of substantially all assets, corporate reorganization, or change in ownership or control; delegate performance obligations to contractors or service providers; and sublicense rights granted to the Company.
Binding on Successors: These Terms are binding upon and inure to the benefit of the parties' respective heirs and legal representatives, permitted successors and assigns, and the Company's affiliates and subsidiaries.
18.7 Force Majeure
Excused Performance: The Company is not liable for, and will not be considered in breach of these Terms due to, delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to:
Natural Disasters (Acts of God): earthquakes, floods, hurricanes, tornadoes; fires, explosions, or severe weather; and pandemics, epidemics, or public health emergencies.
Human-Caused Events: war, terrorism, civil unrest, riots; labor disputes, strikes, lockouts; and sabotage or vandalism.
Government Actions: government orders, regulations, or restrictions; embargoes or trade restrictions; changes in law or regulation; and denial or cancellation of licenses or permits.
Infrastructure Failures: internet service provider failures or disruptions; power outages or utility failures; telecommunications failures; third-party hosting or server failures; and cyberattacks, hacking, or denial-of-service attacks.
Supplier Issues: failure of third-party service providers; supply chain disruptions; and material shortages.
Effect of Force Majeure: During force majeure events: performance obligations are suspended; deadlines and timeframes are extended; the Company is not liable for resulting damages; the Company will make reasonable efforts to mitigate impacts; and the Company will provide notice when practicable.
Termination Rights: If force majeure continues for more than 60 days: either party may terminate these Terms; there is no penalty or liability for termination; and no refunds for services already rendered.
18.8 Notices
To the Company: All notices, requests, demands, and other communications to the Company must be in writing and delivered by:
Email: support@bazmia.com (for legal matters; for customer service; for privacy matters; and for copyright matters).
Mail: Bazmia Inc., Attn: Legal Department, 2210 Loring Drive, Allen, TX 75013 USA.
Notice Requirements: Notices to the Company must include your name and account information, a clear subject line indicating the nature of notice, a detailed description of the matter, your contact information, and any required supporting documentation.
To You: The Company may provide notice to you by:
Email: to the email address associated with your account; notice is deemed received when sent; and you are responsible for maintaining a current email address.
In-Application Notification: by banner, pop-up, or notification within the Application; notice is deemed received when displayed.
Posting: on the Company's website or Application; notice is deemed received 24 hours after posting.
Mail: to the physical address provided in your account (if any); notice is deemed received 5 days after mailing.
Your Responsibility: You must maintain current contact information in your account, monitor your registered email address, check the Application regularly for notifications, and update your information promptly when it changes.
18.9 Relationship of Parties
Independent Contractors: You and the Company are independent contractors. Nothing in these Terms creates, or will be deemed to create: an employment relationship, an employer-employee relationship, a partnership, a joint venture, an agency relationship, a franchise relationship, a franchisor-franchisee relationship, or a master-servant relationship.
No Authority: Neither party has authority to bind the other party, make commitments on behalf of the other party, incur obligations for the other party, or make representations on behalf of the other party.
Provider-Consumer Relationships: As between Providers and Consumers: their relationship is determined by their contracts, not these Terms; the Company is not a party to their relationship; and the Company does not control or supervise their relationship.
18.10 Third-Party Beneficiaries
No Third-Party Rights: These Terms do NOT create rights for any third parties. Specifically: no third party may enforce any provision of these Terms; no third party may claim benefits under these Terms; and no third party has standing to sue based on these Terms.
Limited Exception: The Company's affiliates, officers, directors, employees, agents, and representatives are intended third-party beneficiaries of Section 9 (No Liability for User Conduct), Section 10 (Disclaimers), Section 11 (Limitation of Liability), and Section 12 (Indemnification), and may enforce these provisions directly.
18.11 Electronic Communications and Signatures
Consent to Electronic Communications: By using the Application, you consent to receive communications from the Company in electronic form, including emails, in-App notifications, text messages (if you provide your phone number and consent), and postings on the Application or website.
Legal Effect: You agree that electronic communications satisfy any legal requirement that communications be in writing, electronic signatures have the same legal effect as handwritten signatures, and electronic contracts are valid and enforceable.
Electronic Signatures: By clicking "I Agree," "I Accept," or similar buttons, or by using the Application after being presented with these Terms, you are electronically signing these Terms and agreeing to be bound.
Withdrawing Consent: To withdraw consent to electronic communications: email support@bazmia.com; however, withdrawal may result in termination of your account; and you cannot withdraw consent for transaction-related communications.
18.12 Language
English Version Controls: These Terms may be translated into other languages for convenience. However: the English version is the official and controlling version; in case of any conflict or inconsistency between the English version and a translation, the English version prevails; legal disputes will be resolved based on the English version; and translations are provided for informational purposes only.
18.13 Section Headings
Non-Binding Nature: Section headings and "Which means" summaries are for convenience only. Headings are not part of the binding Terms. Headings do not limit or affect the meaning of provisions. Summaries are not legally binding. If there is any conflict between a heading and the text, the text controls.
18.14 Interpretation
Construction Principles: In interpreting these Terms: "Including" means "including but not limited to"; "Or" is not exclusive (means "and/or"); singular includes plural and vice versa; "Days" means calendar days unless specified as "business days"; "Business days" means Monday-Friday, excluding federal holidays; references to "Sections" mean sections of these Terms; and references to "dollars" or "$" mean U.S. Dollars.
18.15 No Partnership Tax Treatment
Nothing in these Terms is intended or should be construed to create a partnership for tax purposes, make either party a partner of the other for any purpose, or create any tax liability or obligations for either party regarding the other.
18.16 International Use
Geographic Scope: While the Application is based in Texas and governed by Texas law, it may be accessed by users internationally.
Your Responsibilities: If you access the Application from outside the United States: you are responsible for compliance with all local laws; you represent that your use is legal in your jurisdiction; you assume all risks of international use; and you are responsible for any taxes or duties in your jurisdiction.
Export Controls: You may not use the Application in violation of U.S. export and re-export restrictions, in embargoed countries, or if you are on any U.S. government restricted parties list.
Data Transfers: Your information may be transferred to, processed, and stored in the United States. By using the Application, you consent to such transfers as described in the Privacy Policy.
18.17 Texas-Specific Provisions
Texas Business and Commerce Code: These Terms are subject to and comply with the Texas Deceptive Trade Practices Act (DTPA), Texas Business and Commerce Code, and other applicable Texas statutes.
Consumer Notice: If you are a Texas consumer, you may have additional rights under the Texas Deceptive Trade Practices Act. However, these rights apply to your transactions with Providers, not with the Company as a technology platform.
Venue in Texas: Pursuant to Texas Civil Practice and Remedies Code § 15.020, venue for any action related to these Terms lies exclusively in Texas courts as specified in Section 16.3.
19. CONTACT INFORMATION (for General Inquiries; Legal Matters; Privacy Matters; Copyright Matters; Business Inquiries; and Security Issues.)
For general questions or customer support:
Email: support@bazmia.com Hours: Monday-Friday, 9:00 AM - 6:00 PM Central Time Mail: Bazmia Inc., 2210 Loring Drive, Allen, TX 75013 USA
20. ACKNOWLEDGMENTS AND ACCEPTANCE
BY CLICKING "I AGREE," "I ACCEPT," OR ANY SIMILAR BUTTON, OR BY ACCESSING OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT:
20.1 You Have Read and Understood These Terms
You have carefully read these entire Terms of Service. You have had sufficient opportunity to review all provisions. You understand the legal effect of these Terms. You have had the opportunity to seek legal advice if desired.
20.2 You Agree to Be Bound
You agree to be bound by these Terms. You agree to comply with all provisions. You accept these Terms voluntarily and without coercion. You acknowledge these Terms are legally binding.
20.3 You Specifically Acknowledge Critical Provisions
You specifically acknowledge and understand:
Technology Platform Only: Bazmia™ is a technology platform only, NOT a service provider. Bazmia™ is NOT a party to any contracts between Providers and Consumers. Any services are provided directly by Providers, not by Bazmia™. Bazmia™ does not guarantee, supervise, or control Provider services.
No Liability: Bazmia™ has NO liability for user conduct, service quality, or event outcomes. Bazmia™ disclaims all warranties regarding the Application and services. Bazmia™'s liability is strictly limited as set forth in Section 11. You assume ALL risks when contracting with other users.
Dispute Resolution: You agree to resolve disputes with Bazmia™ through binding arbitration. You WAIVE YOUR RIGHT to participate in class action lawsuits. You WAIVE YOUR RIGHT to a jury trial. You have 30 days to opt out of arbitration (Section 14.2.7).
Indemnification: You will indemnify Bazmia™ for claims arising from your use. You will defend Bazmia™ in litigation arising from your actions. Your indemnification obligations are NOT subject to the liability cap.
Privacy and Data: When you share information with other users, they become independent controllers. Bazmia™ is NOT responsible for how other users handle your information. You must comply with privacy laws when handling other users' information.
Independent Obligations: Providers are independent contractors responsible for their own compliance. Providers must have appropriate licenses, permits, and insurance. Consumers must conduct due diligence before hiring Providers. Bazmia™ does not verify credentials or qualifications.
20.4 You Represent Your Authority
You represent that you have legal capacity to enter into these Terms. If accepting on behalf of a business, you represent you have authority to bind that business. You are at least 18 years of age. You are not prohibited from using the Application under applicable law.
20.5 Texas Law Governs
You agree that Texas law governs these Terms. You consent to jurisdiction and venue in Texas courts. You understand international users are subject to Texas law.
20.6 You Accept the Risk
You understand and accept that using the Application involves risks. You understand that Providers and Consumers may not perform as expected. You understand that events may not meet your expectations. You acknowledge that no system can eliminate all risks of fraud, misconduct, or poor performance.
20.7 No Reliance on Company
You will NOT rely on Bazmia™ for: verification of Provider credentials, guarantee of service quality, resolution of disputes with other users, or legal or professional advice. You will conduct your own independent due diligence.
20.8 Electronic Acceptance
You agree that electronic acceptance constitutes a binding signature. You agree to electronic communications. You acknowledge that electronic records have legal effect.
BY USING BAZMIA™, YOU AFFIRM YOUR ACCEPTANCE OF THESE TERMS OF SERVICE
END OF TERMS OF SERVICE
These Terms of Service were last updated on April 24, 2026. Bazmia Inc. is a Texas corporation with its principal place of business in Texas. For questions about these Terms, contact support@bazmia.com.
Bazmia Inc.
Have questions? Send us an email at
