Terms of Use & Privacy Policy

Last Updated: October 26, 2024

I. Terms of Use

1. Acceptance of Terms

Welcome to bixabi ("bixabi," "we," "us," or "our"). By accessing or using our website located at [bixabi.com] (the "Site") and any services, features, content, or applications offered by bixabi (collectively, the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

bixabi provides a platform for users to submit personal stories, testimonials, and anecdotes ("User Submissions" or "Stories"). Selected Stories may be adapted, published, and distributed by bixabi on various media platforms, including but not limited to YouTube, TikTok, and Instagram Reels. Users whose Stories are selected and published may be eligible for monetization, subject to these Terms.

3. Eligibility & User Accounts

To use the Service and be eligible for payments, you must be at least 18 years of age or the age of legal majority in your jurisdiction. You must also have a valid PayPal account and, for certain features or payment eligibility, be subscribed to or following bixabi's official media channels as specified by us. You are responsible for maintaining the confidentiality of any account information and for all activities that occur under your account (if applicable).

4. User Conduct & Responsibilities

You agree not to use the Service to:

  • Submit any User Submission that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Submit any User Submission that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Submit any User Submission that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Engage in fraudulent activities, including but not limited to submitting false information for payment claims or manipulating engagement metrics.
  • Interfere with or disrupt the Service or servers or networks connected to the Service.

You are solely responsible for your User Submissions and the consequences of submitting and bixabi publishing them.

5. Story Submissions & Content Rights

By submitting a Story to bixabi, you represent and warrant that:

  • You are the sole author and owner of the Story, or you have obtained all necessary rights, licenses, consents, and permissions to submit the Story and to grant bixabi the rights granted in these Terms.
  • Your Story is original and has not been copied from any other source.
  • Your Story does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.
  • Your Story is accurate to the best of your knowledge.

You retain ownership of your User Submissions. However, by submitting a Story to bixabi, you grant bixabi a worldwide, non-exclusive, royalty-free (except as may be expressly agreed for monetized content), perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, adapt, modify, publish, translate, and otherwise exploit your Story in connection with the Service and bixabi's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter developed.

6. Monetization and Payments

bixabi, in its sole discretion, may select certain User Submissions for publication and monetization. If your Story is selected and published on bixabi's official media outlets and generates revenue, you may be eligible to receive a portion of such revenue.

  • **Eligibility:** To receive payment, you must comply with all requirements set forth by bixabi, including but not limited to maintaining a valid PayPal account and being subscribed to/following the relevant bixabi platform(s).
  • **Revenue Share:** bixabi reserves the right, in its sole discretion, to determine the percentage of revenue, if any, to be shared with the author of a published Story. This percentage may vary based on factors determined by bixabi, including story performance, platform, and other considerations. Current payment potentials (e.g., "up to $1,000 USD") are illustrative and not guaranteed.
  • **Payment Process:** Details regarding the payment claim process will be provided on the Site. Payments are typically processed weekly but are subject to change. You are responsible for any taxes associated with payments received.
  • **Priority Club:** bixabi may, at its discretion, offer a "Priority Club" or similar program with enhanced benefits, such as potentially higher revenue shares or prioritized publication. Membership and its terms are determined solely by bixabi.

7. bixabi's Rights

bixabi reserves the following rights, exercisable in its sole discretion:

  • **Accept or Reject Stories:** To accept, reject, edit, modify, or remove any User Submission for any reason or no reason, without prior notice.
  • **Determine Publication and Monetization:** To decide which User Submissions are published, on which platforms, and how they are monetized.
  • **Modify Revenue Share:** To change the revenue sharing model, payment terms, or payment amounts at any time, with or without notice. Future earnings from already published stories may be subject to new terms.
  • **Withhold or Cancel Payments:** To investigate and withhold or cancel payments if there is any indication or suspicion of fraudulent activity, violation of these Terms, copyright infringement, misrepresentation, or other "bad practices" by the user. This includes, but is not limited to, submitting non-original content, manipulating views or engagement, or providing false information.
  • **Suspend or Ban Users:** To suspend, restrict, or terminate a user's access to the Service or ability to submit Stories or receive payments if they violate these Terms, engage in prohibited conduct, or for any other reason deemed appropriate by bixabi.
  • **Modify or Terminate Service:** To modify, suspend, or discontinue the Service (or any part thereof) temporarily or permanently, with or without notice. You agree that bixabi shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
  • **Change Terms:** To modify or replace these Terms at any time (see Section 13).
  • **Cancel Terms:** bixabi reserves the right to cancel or terminate these Terms at its discretion. In such an event, bixabi will endeavor to provide reasonable notice, but is not obligated to do so. Upon cancellation, your right to use the Service will cease, and any provisions of these Terms that by their nature should survive termination will survive (e.g., licenses granted by you, disclaimers, indemnification, limitations of liability).

8. Intellectual Property

The Service and its original content (excluding User Submissions), features, and functionality are and will remain the exclusive property of bixabi LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the [Your Country e.g., United States] and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of bixabi LLC. You do not acquire any ownership rights by using the Service.

9. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account (if applicable), you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

bixabi LLC, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

11. Limitation of Liability

IN NO EVENT SHALL bixabi LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT PAID BY YOU TO bixabi, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless bixabi LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service, including your User Submissions.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect by posting a notice on the Site or sending you an email. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your State/Country, e.g., California, United States], without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

15. Contact Information (Terms)

If you have any questions about these Terms of Use, please contact us at: [email protected]

II. Privacy Policy

1. Introduction (Privacy)

bixabi LLC ("bixabi," "we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website [Your Website URL], including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the "Site") and use our services (the "Service"). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site or use the service.

We comply with applicable data protection laws, including, where relevant, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), the General Data Protection Regulation (GDPR) of the European Union, the UK General Data Protection Regulation (UK GDPR), New Zealand's Privacy Act 2020, and Australia's Privacy Act 1988.

2. Information We Collect

We may collect information about you in a variety of ways. The information we may collect on the Site and through the Service includes:

a. Personal Data You Provide to Us

Personally identifiable information, such as your name, email address, social media handles (if you link accounts or for subscription verification), and PayPal account information (when you claim payments). User Submissions (stories) you provide may also contain personal information about yourself or others.

b. Derivative Data (Automatically Collected)

Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. We also use analytics services like Microsoft Clarity and Heap (as indicated in our Site's code) which collect information about your interaction with the Site, including mouse movements, clicks, scrolls, and session replays.

3. How We Use Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site or Service to:

  • Create and manage your account (if applicable).
  • Process your User Submissions.
  • Facilitate the publication and distribution of selected Stories.
  • Process payments and manage royalties.
  • Email you regarding your submissions, payments, or our service.
  • Monitor and analyze usage and trends to improve your experience with the Site and Service.
  • Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
  • Comply with legal and regulatory requirements.
  • Enforce our Terms of Use.
  • Respond to your comments and questions and provide customer service.

4. How We Share Your Information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

  • **By Law or to Protect Rights:** If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.
  • **Third-Party Service Providers:** We may share your information with third parties that perform services for us or on our behalf, including payment processing (e.g., PayPal, though we typically direct you to their platform), data analysis (e.g., Microsoft Clarity, Heap), email delivery, hosting services, and customer service.
  • **Publication of Stories:** If your User Submission is selected for publication, the content of the Story, which may include personal information you included, will be made public on various media platforms.
  • **Business Transfers:** We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • **With Your Consent:** We may disclose your personal information for any other purpose with your consent.

We do not sell your personal information to third parties in the traditional sense. However, our use of certain analytics and tracking technologies might be considered "sharing" under specific privacy laws like the CCPA/CPRA for purposes like cross-context behavioral advertising, although this is not our current primary use. You can find more information about managing these technologies in Section 5 and your rights in Section 8.

5. Cookies and Tracking Technologies

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. When you access the Site, your personal information is not collected through the use of tracking technology unless you provide it. Most browsers are set to accept cookies by default. You can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site. For more information on how to control cookies, check your browser or device’s settings for controlling or rejecting cookies, or visit your DAA or NAI opt-out page.

As mentioned, we use Microsoft Clarity and Heap for website analytics. You can learn about Microsoft's privacy practices at Microsoft Privacy Statement and Heap's at Heap Privacy Policy.

6. Data Security

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties.

7. Data Retention

We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. User Submissions selected for publication may be retained indefinitely as part of our content archive.

8. Your Privacy Rights

Depending on your location, you may have certain rights regarding your personal information. These may include the right to:

  • Access the personal information we hold about you.
  • Request correction of your personal information if it is inaccurate.
  • Request deletion of your personal information.
  • Object to processing of your personal information.
  • Request restriction of processing your personal information.
  • Request portability of your personal information.
  • Withdraw consent at any time (where processing is based on consent).

To exercise these rights, please contact us at [email protected]. We will respond to your request in accordance with applicable law. We may need to verify your identity before processing your request.

9. California Residents (CCPA/CPRA)

If you are a California resident, you have specific rights regarding your personal information under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA):

  • **Right to Know/Access:** You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.
  • **Right to Delete:** You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.
  • **Right to Correct:** You have the right to request that we correct inaccurate personal information that we maintain about you.
  • **Right to Opt-Out of Sale/Sharing:** We do not "sell" personal information in the traditional sense. However, if our use of cookies or tracking technologies is considered a "sale" or "sharing" under CCPA/CPRA (e.g., for cross-context behavioral advertising), you have the right to opt-out. You can manage cookie preferences through your browser settings or available opt-out tools.
  • **Right to Limit Use and Disclosure of Sensitive Personal Information:** We only collect sensitive personal information (e.g., PayPal details for payment) for the purpose of providing the service and facilitating payments, which is generally a permitted business purpose.
  • **Right to Non-Discrimination:** We will not discriminate against you for exercising any of your CCPA/CPRA rights.

To exercise your CCPA/CPRA rights, please contact us at [email protected]. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.

**Shine the Light:** California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not currently share personal information with third parties for their direct marketing purposes.

10. EU and UK Residents (GDPR)

If you are a resident of the European Economic Area (EEA) or the United Kingdom (UK), you have certain data protection rights under the GDPR or UK GDPR respectively.

  • **Legal Basis for Processing:** We process your personal data on the following legal bases:
    • Your consent (e.g., for certain types of cookies or when you submit a story).
    • To perform a contract with you (e.g., to process your submission if selected).
    • For our legitimate interests (e.g., to improve our Service, for security purposes, provided these are not overridden by your rights).
    • To comply with legal obligations.
  • **Your Rights:** You have the rights listed in Section 8 (Access, Rectification, Erasure, Restriction, Portability, Object, Withdraw Consent). You also have the right to lodge a complaint with a supervisory authority.

To exercise your rights, please contact us at [email protected].

11. Canada, Australia, New Zealand Residents

If you are a resident of Canada, Australia, or New Zealand, you have rights under PIPEDA, the Australian Privacy Act, or the New Zealand Privacy Act, respectively. These generally include rights to access and correct your personal information. We are committed to handling your personal information in accordance with these laws. For any inquiries or to exercise your rights, please contact us at [email protected].

12. International Data Transfers

Your information, including personal data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. If you are located outside the [Your Company's Country e.g., United States] and choose to provide information to us, please note that we transfer the data, including Personal Data, to [Your Company's Country e.g., United States] and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information (e.g., by using Standard Contractual Clauses where applicable).

13. Children's Privacy

Our Service is not intended for use by children under the age of 13 (or 16 in certain jurisdictions like the EEA/UK without parental consent). We do not knowingly collect personally identifiable information from children under these ages. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

14. Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

15. Contact Information (Privacy)

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at: [email protected]

bixabi LLC