Last Updated: July 15, 2026
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These Terms of Service (“Terms”) are a binding agreement between you and Block, Inc. (“Block,” “we,” “us,” or “our”) governing your access to and use of the Buzz hosted communications platform, including the Buzz Relays (as defined below),, web, desktop, and mobile applications, APIs, and related services that link to these Terms (collectively, the “Service”). The Service is operated by Block, is built in part on the Nostr protocol as further explained below, and is currently offered only to users who are 18 years of age or older. The Buzz client that can be used to operate Buzz on your own systems is also available as open-source, self-hostable software, and any such open source software is not part of the Service. These Terms govern only the Block-operated hosted Service and do not apply to instances of Buzz that you or third parties self-host. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf. If you habitually reside in the United Kingdom (the “UK”) or in a member state of the European Economic Area (the “EEA”), the UK and EEA Addendum at the end of these Terms forms part of these Terms and modifies or supplements certain provisions as they apply to you.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS-ACTION WAIVER (SECTION 18) THAT REQUIRE DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT. YOU MAY OPT OUT AS DESCRIBED IN SECTION 18. THE TERMS ALSO LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES (SECTIONS 15–16).
By creating a Service account, generating or connecting a Buzz key for use with the Service, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy and Content Guidelines, each of which is incorporated by reference. If you do not agree, do not use the Service.
18 and older. You must be at least 18 years old to access or use the Service. The Block-hosted Service is not offered to anyone under 18. By accessing or using the Service, you represent and warrant that you meet these requirements, and you agree we may use age- and location-verification or assurance measures (including signals from app stores or third-party providers) and may restrict, suspend, or deny access if you do not. Block may apply enhanced age-assurance measures for users, which may include identity-document verification, AI-based age-estimation, or other measures beyond self-declaration, including as required by applicable laws.
Sanctions and export compliance. You represent, warrant and covenant during all periods when you use the Service that (i) you are not located in, ordinarily resident in, or accessing or sharing the Service from or to any U.S.-embargoed or comprehensively sanctioned jurisdiction or region, (ii) you are not identified on any U.S. government restricted-party or sanctions list, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List, and (iii) you will not use, share or export the Service or in violation of U.S. export-control or sanctions laws.
Nostr Protocol Interoperability. The Service has interoperability capabilities that allow it to upload, access, share, and interact with certain clients and information via the decentralized Nostr protocol (the “Protocol”). The Service also create and authenticate account credentials via private keypairs on the Protocol. Any capabilities the Service have with the Protocol and other clients that use the Protocol will continue to evolve and may not always be available via the Service. Although certain activities within the Service may rely on use of the Protocol, the Protocol is separate and distinct from the Service and is not a Block service. Block does not provide, own or control any part of the Protocol and will not be responsible or liable to you for any elements of the Protocol or any third party services that you may interact with via the Protocol. The Protocol or any related third party services that interoperate with the Protocol. may be subject to different terms and conditions and/or privacy policies, so you should review those carefully if independently using or accessing them.
Relays. References in these Terms to a “relay” means a server implementing the Protocol that receives, stores, indexes, and distributes information via the Protocol called events between users and applications that are connected to the protocol. If you are an Admin (as defined below), then as part of the Service, Buzz will create and operate relays for your and your workspace’s benefit as part of the Service (“Buzz Relay”). The Service may also connect with relays operated by third parties to facilitate access to other information from other applications that are connected to the Protocol, and such independent relays are not controlled by Buzz and not part of the Service.
Admins and Users. The Service supports two types of users: “Admins” and “Users.” Both Admins and Users are bound by these Terms.
Account credentials. Certain types of users such as Admins access the Service by creating an account (“Account”) and authenticating with a username and password through our supported sign-in (OAuth) flow. You are solely responsible for maintaining the confidentiality and security of your Account credentials and for all activity that occurs under your Account. We are not liable for any acts or omissions by you in connection with your Account. You agree not to create any Account if we have previously removed you, or we previously banned you from any of our Services, unless we provide written consent otherwise.
User access and workspace joining. Users access the Service by downloading the Buzz client (which may be obtained from the Buzz website or other sources where the open-source client is distributed). Users may join a workspace only upon invitation from an Admin, who uses the User’s public key to extend the invitation. To join a workspace, Users must provide Block or the relevant Admin with their public key.
Key-based identity. The Service uses cryptographic key pairs (a public key that identifies you and a private key that controls your account) consistent with the Protocol. You are solely responsible for safeguarding your private key(s) and any credentials used to access the Service. Anyone who possesses your private key can act as you on the Service.
No key recovery. Because of the decentralized, key-based identity model, Block generally cannot recover, reset, or restore a lost private key, and may be unable to restore access to or content associated with a compromised account. If your key is lost, you may permanently lose access to your account and associated content. You are responsible for all activity that occurs under your key(s).
Accurate information; no impersonation. You agree to provide accurate Account information, to keep it current, and not to impersonate any person or entity or misrepresent your affiliation. We may require additional verification to protect the Service and our users, and we may suspend access pending verification where we reasonably suspect unauthorized use.
Workspaces. Admins may create workspaces that allow Users and Agents to communicate and collaborate (“Workspaces”). Admins are responsible for the Workspaces they create and manage, including setting appropriate access controls, inviting and removing Users, setting permissions, monitoring activity to the extent reasonably practicable, responding to reports of violations of these Terms or the Content Guidelines, and ensuring compliance with these Terms and applicable law within their workspaces. When an Admin invites a User to join a Workspace, the Admin represents that the invitation is lawful and that the Admin has not engaged in any deceptive practices to induce the User to join. Admins may not invite Users who are under 18 years of age. We reserve the right to remove or suspend Workspaces at any time if we deem the activities occurring therein to be in breach of these Terms, or as we may otherwise deem required to comply with applicable law or to protect us or our systems.
The Service lets Admins, Users, and Agents (as defined below) within a Workspace communicate and collaborate, such as via channels, threads, direct messages, voice “huddles,” canvases, and automated workflows, and to deploy, post, upload, share, or otherwise transmit messages, media, code, and other content to or through the Service (“Content”), including alongside Agents, as defined in Section 4. We may add, change, suspend, or discontinue any such collaboration methods, or any other part of the Service at any time. Some features are offered on a preview, beta, or experimental basis and may be changed or removed; such features are provided “as is” and may be less reliable.
Agents generally. The Service supports AI agents and automated processes (“Agents”) that may hold their own keys and act within Workspaces, including posting Content, sending or reviewing code, running workflows, and joining huddles. Admins control whether and how Agents may operate within their Workspaces.
The Default Agent. The Service includes an optional default Agent configuration that Block configures with basic default instructions (the “Default Agent Configuration”). Use of the Default Agent Configuration is entirely at your choice. The Default Agent Configuration is provided “as is”; its basic instructions are a starting configuration only. Block may modify, limit, or discontinue the Default Agent Configuration at any time, and such changes may impact the operation of Your Agents (as defined below) in your Workspace.
Connecting your own Agents. If you are an Admin you may also configure, connect or deploy your own Agent configurations for Your Agents in your Workspaces. You are responsible for configuring them and for ensuring they comply with these Terms, the Content Guidelines, and applicable law.
AI Models and API keys — you bring your own. All Agents on the Service, including Agents created via the Default Agent Configuration, require access to an AI model that you supply in order to operate (“Connected Model”). Block does not provide, resell, host, or guarantee access to any AI model, and Block is not responsible for any model’s availability, performance, outputs, costs, or terms. You are responsible for obtaining and connecting your own AI model access, including any third-party model-provider accounts, API keys, and credentials, and you are responsible for: (a) all fees and charges imposed by your model provider(s) for your Connected Model; (b) complying with your Connected Model provider’s terms of service and acceptable-use policies; (c) keeping your Connected Model API keys and credentials secure; and (d) all activity, outputs, and actions of any Connected Model or Your Agent you connect or use with such Connected Model.
Your responsibility for Your Agents. You are responsible for every Agent you configure, connect, ,deploy, authorize, or operate (such Agents, “Your Agents”) — including Your Agents that are created via the Default Agent Configuration if you choose to use it — and for all Content Your Agent generates and all actions it takes on the Service, as if that activity were your own. You authorize and agree to be legally bound by the actions taken on your behalf by Your Agent. You must not use Agents to violate these Terms, the Content Guidelines, or applicable law, to circumvent rate limits, authentication (including NIP-42), security controls, or moderation, to scrape or harvest data without authorization, or to perform unauthorized, deceptive, or harmful actions.
Sending Content to third-party models. When you use Your Agent with a Third Party Connected Model, Content from the Service — which may include other users’ messages and Content in any channel or Workspace Your Agent can access — may be transmitted to the Connected Model provider you have chosen. You represent that you have the rights and authorization necessary to process that Content through your Connected Model(s), and you are responsible for compliance with applicable law and the rights of others when doing so. Content you send to a Connected Model is handled under the applicable provider’s terms and privacy policies and practices, not Block’s. See our Privacy Policy for more information. Additionally, you acknowledge and agree that Block is not responsible for examining or evaluating the Content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Connected Models. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Connected Models or third-party websites, or for any other materials, products, or services of third parties.
Transparency, accuracy, and oversight. You must not deceptively present an Agent as a human where disclosure is required by law, and we may label, restrict, rate-limit, or suspend Agents. Agents and model outputs may be inaccurate, incomplete, or harmful and do not constitute any form of advice from Block, including any professional, medical, financial or legal advice. You are responsible for human oversight of Agents you operate and for any decisions or actions taken based on their outputs. Block is not responsible for the outputs or actions of Your Agents or Connected Models operated, configured, or connected by you or other users.
You agree not to use the Service, and not to permit any Agent or other person under your control to use the Service for any unlawful purpose or to create, upload, transmit, store, link to, or facilitate any Content specified in the Buzz Content Guidelines, including “Content You Must Not Post or Share” and “Conduct That Is Not Allowed.” The Content Guidelines are expressly incorporated into these Terms by reference and by agreeing to these terms you agree to abide by the Content Guidelines including any updates.
You also may not reverse engineer the Service (separate from the open-source code for the Buzz client, which is governed by its own license and is not part of the Service), resell or commercially exploit the Service without authorization, or use the Service to build, fine-tune, optimize, evaluate, benchmark or deploy a competing service.
Ownership of Your Content. In connection with your use of the Service, you may be able to post, upload, or submit Content to be made available through the Service input prompts for Your Agents, or generate Content via Your Agent and Connected Models (all such Content “Your Content”). As between Buzz and you, you retain ownership of Your Content and these Terms do not transfer ownership of Your Content to Block.
Your Content License Grant.. In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant Block a non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, display, index, cache, back up, adapt (e.g., for formatting and security), and otherwise use Your Content as necessary to operate, secure, moderate, and improve the Service and our underlying technologies, and to comply with applicable law, including the right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Service, solely for the purpose of providing such Service, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. For Content you post to public or shared channels, you also grant other users the rights inherent in the features you use (for example, others can view, reply to, react to, and quote your messages). This license ends when Your Content is deleted from the Service, except for (i) Content retained as required by applicable law (e.g., CSAM-preservation obligations), (ii) residual backup copies for a limited period, and (iii) Content others have already copied or shared.
Your warranties. By posting or submitting Your Content through the Service, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. and that Your Content and its use on the Service do not violate these Terms, any other rights of any third party, or applicable law.
Ownership of Feedback. We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Block, and Block may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Block any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
We moderate the content shared by you and other users on the Service, and implement reporting and appeals procedures, in line with these Terms as well as our Content Guidelines.
Non-consensual intimate images. Consistent with the federal TAKE IT DOWN Act, an identifiable individual (or their authorized representative) may request removal of a non-consensual intimate visual depiction, including a digitally created or altered one, through the process described in our Help Center. Upon a valid request, we will remove the reported Content within 48 hours (or such shorter period as required by applicable laws) and will make reasonable efforts to identify and remove identical copies.
Notice of Infringement – DMCA (Copyright) Policy. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Service have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 U.S.C. § 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
identification of the copyrighted work that is claimed to be infringed;
identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to: Block, Inc., Attn: Copyright/Trademark Agent 1955 Broadway, Suite 600, Oakland CA 94612, USA; or by e-mail to takedowns@squareup.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the Accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Service who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that Content or an activity is not infringing the copyrights of others.
Consent to processing for safety and operation. To operate the Service, keep it secure, enforce these Terms, and comply with law, we may access, scan, and process Content and communications you transmit through the Service, including for spam, fraud, malware, and illegal-content detection. By using the Service, you consent to this access and processing as described in our Privacy Policy. We do not access the contents of communications except as needed for these purposes or as permitted or required by law.
Our Privacy Policy (available here) describes how we collect, use, disclose, and protect personal data, and the purposes for which we process it, including how Content may be transmitted to providers of Connected Model you connect. By using the Service you acknowledge the Privacy Policy. To the extent of any conflict regarding personal-data processing, the Privacy Policy controls.
Fees. The Service is currently offered free of charge, and there is no paid tier currently. We may in the future introduce paid features, plans, or subscriptions in the future (“Premium Features”). Any Premium Features, and the applicable fees, taxes, and payment terms, will be separately presented to you and will require your affirmative agreement before you incur any charge; you will not be charged for any Premium Features without first accepting those terms. For the avoidance of doubt, fees you owe third-party model providers for Connected Models are separate from, and not collected by, Block.
Enterprise waitlist. We may allow you to join a waitlist to express interest in future enterprise or premium offerings. Joining the waitlist is free, requires no payment, and does not create any contractual obligation on you or Block. Placement on the waitlist does not guarantee access to any future offering, pricing, feature, or service level, and we may modify, delay, or discontinue any planned offering at any time in our sole discretion or remove anyone from the waitlist at any time. Any future enterprise offering or Premium Features will be governed by separate terms presented at the time such offering becomes available and that you separately agree to.
No money transmission. The Service is not a money-transmission, payment, banking, custodial, or financial service. The Service does not itself accept, hold, or transmit funds or value between users. Any payment for Premium Features is a purchase from Block (or processing by our payment provider), not a transfer of funds to or from another user.
The Service may interoperate with third-party services, AI models and model providers, applications, repositories, or Agents that we do not control, including any Connected Model provider you connect under Section 4. Your use of those is governed by their own terms, and we are not responsible for them. The Buzz software is licensed under the Apache License 2.0 and other open-source licenses; your rights in the software (as distinct from the hosted Service) are governed by those licenses, and nothing in these Terms limits rights expressly granted by an applicable open-source license.
You acknowledge that any Your Content or third party Content that was removed or made inaccessible from the Service by Block, while the Service is integrated with the Protocol, might still (i) be viewed on third party services that have accessed such Content via the Protocol or (ii) stored on third party servers, as Block does not have control over such third party services or third party servers. For the avoidance of doubt, you acknowledge that Block can only delete Your Content that is hosted on Block’s servers or relays, and Block cannot remove or delete any of Your Content from any third party services or third party servers or relays.
Ownership of the Service. The Service, including their “look and feel” (e.g., text, graphics, images, logos), proprietary Content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Block and/or its licensors own all right, title and interest in and to the Service (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Service and its Content (other than Your Content), including, without limitation, the exclusive right to create derivative works, except for rights expressly granted in these Terms or under an applicable open-source license. For clarity, Block does not own or control the Protocol or any third party services accessible through the Protocol.
Ownership of Trademarks. The Block’s name, the Block’s logo and all related names, logos, product and service names, including the “Buzz” mark, designs, and slogans are trademarks of Block or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use our trademarks without our prior written permission.
You may stop using the Service at any time and may request deletion of your Account. To the extent permitted by applicable laws, we may restrict, suspend, or terminate your access to the Service, with or without notice, if you violate these Terms or applicable law, if required to protect the Service or other users, if we discontinue the Service, or for any other reason we deem appropriate in our discretion. Upon termination, the licenses you grant survive only as described in Section 6, and the following Sections survive the termination of these Terms: 4, 6, 13, 15–20. We are not liable to you for any suspension or termination made in accordance with these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT AND AGENT AND MODEL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT THE DEFAULT AGENT CONFIGURATION OR ANY CONNECTED MODEL OR AGENT OUTPUT WILL BE ACCURATE OR RELIABLE, OR THAT DATA (INCLUDING CONTENT ASSOCIATED WITH A LOST OR COMPROMISED KEY) WILL BE PRESERVED OR RECOVERABLE. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 16 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOCK AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, THE DEFAULT AGENT CONFIGURATION, ANY CONNECTED MODEL OR AGENT OUTPUTS OR ACTIONS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOCK’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID BLOCK (IF ANY) FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
To the maximum extent permitted by law, you will indemnify and hold harmless Block and its affiliates and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to Your Content, Your Agents (including Your Agents created using the Default Agent Configuration as you use it), Third Party Connected Models, your interactions with or activities on third-party services via the Protocol, your use of the Service, or your violation of these Terms or applicable law. This Section does not apply to the extent a claim arises from Block’s own breach of these Terms or applicable law, and may not apply where prohibited by law.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. YOU AND BLOCK AGREE TO RESOLVE ANY DISPUTE RELATING TO THESE TERMS OR THE SERVICE THROUGH BINDING INDIVIDUAL ARBITRATION, AND NOT IN COURT, AND YOU AND BLOCK WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY SUBMITTING THE OPT-OUT NOTICE DESCRIBED IN THE HELP CENTER; OPTING OUT DOES NOT AFFECT ANY OTHER PART OF THESE TERMS.
This Arbitration Provision is intended to be given the broadest possible meaning under the law and shall be governed by the Federal Arbitration Act and applicable U.S. federal arbitration law.
General. You and Block agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST BLOCK. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). For the purposes of these Terms, “Disputes” are defined as any claim, controversy, or dispute between you and Block, whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or Block that occurred before the effective date of these Terms, including any claims relating in any way to these Terms or the Service, or any other aspect of our relationship.
Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is commenced, you and Block agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of these Terms. You and Block agree that before either party commences arbitration against the other, you and Block will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any applicable Dispute (“Informal Dispute Resolution”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to personally participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate Informal Dispute Resolution (“Notice”). If you intend to seek Informal Dispute Resolution, you must send the Notice to Block by certified mail to the following address: Attn: Arbitration Agreement, 1955 Broadway, Suite 600, Oakland, CA 94612. Any Notice sent to you will be sent to the address on file for your Account. The Notice must: (i) include your name; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is received (the “Informal Dispute Resolution Period”). If after a good-faith effort to negotiate you and Block cannot reach an agreement to resolve the Dispute by the time the Informal Dispute Resolution Period has lapsed, and not before, either party may commence arbitration. Any statute of limitations shall be tolled during the Informal Dispute Resolution Period. You and Block agree that if either party files a Dispute in a court or arbitration in a manner that breaches the requirements of this Section 18, then the other party may seek appropriate relief, including to enjoin the filing and to recover fees and costs incurred as a foreseeable consequence of that breach.
Scope of Arbitration. If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by National Arbitration and Mediation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules and Procedures and, when applicable, the NAM Supplemental Rules for Mass Arbitration Filings (together, the “NAM Rules”) according to this Section, except you and Block will have the right to file early or summary dispositive motions. In the event NAM is unavailable to administer the arbitration, either party may invoke 9 U.S.C. § 5 (or a similar law in your applicable territory) to request that a court appoint the Arbitrator. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Exceptions. Notwithstanding the foregoing, you and Block agree that the following types of Disputes will be resolved in a court of proper jurisdiction: (i) Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding; (ii) Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or (iii) intellectual property disputes. Subject to applicable jurisdictional requirements, either party may elect to pursue a dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to NAM for a claim within the jurisdiction of the filing party’s local small claims court, the other party may, in its sole discretion, inform NAM that it chooses to have the Dispute heard in small claims court. At that time, and if all outstanding arbitration service fees have been paid, NAM will close the arbitration and the Dispute will be heard in the appropriate small claims court.
Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the NAM Rules, the arbitration shall occur through the submission of documents to one Arbitrator. To the extent the Arbitrator determines a hearing is required, the arbitration shall be conducted remotely by telephone or video conference. To the extent that the Arbitrator determines that an in-person hearing is required, the arbitration hearing will take place as close to your hometown as practicable. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Block values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect with respect to disputes involving other parties.
Bellwether Arbitration Procedures.
1) You and Block agree that if twenty-five (25) or more similar individual arbitration demands are brought against you or us by or with the assistance of the same or coordinated counsel or entities (“Mass Arbitration”), the parties shall select twelve (12) individual arbitration demands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). The NAM Supplemental Rules for Mass Arbitration Filings shall apply if the parties’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules and this Section, to be part of a Mass Proceeding. While the Bellwether Arbitrations are adjudicated, all other demands for arbitration that are part of the Mass Proceeding shall be held in abeyance and stayed, and no party shall be responsible for paying any administrator or arbitrator fees (other than the arbitration provider’s initial filing/administrative fees, and Procedural Arbitrator fees, if applicable) with respect to such stayed demands while the Bellwether Arbitrations are adjudicated. Any applicable statute of limitations shall be tolled as to non-Bellwether Arbitration demands when such non-Bellwether Arbitrations are held in abeyance. The tolling period will begin when the claimant first provided the Notice of its intent to initiate an informal resolution conference as described above.
2) Any party may request, within five (5) Business Days of being notified by the arbitration provider that arbitration demand(s) have been filed, that the arbitration provider appoint a sole procedural arbitrator (“Procedural Arbitrator”) to determine initial questions that arise in the Bellwether Arbitrations, including whether the Bellwether Arbitration procedures are applicable or enforceable, whether any particular demand is part of a Mass Proceeding, and whether any particular demand within a Mass Proceeding was filed in accordance with this Section. To expedite the Procedural Arbitrator’s resolution of any such initial questions, the parties agree that the Procedural Arbitrator may set forth such procedures as are necessary to resolve any such initial questions promptly. Block shall pay the Procedural Arbitrator’s costs.
3) All parties agree that the Bellwether Arbitration procedures are designed to be a generally faster, more efficient, and more affordable mechanism for resolving a Mass Proceeding, including the claims of individual parties who are not selected for a Bellwether Arbitration. All parties shall work in good faith with the Arbitrator or Procedural Arbitrator to complete each Bellwether Arbitration within one hundred and twenty (120) calendar days of its initial pre-hearing conference.
4) Following resolution of the Bellwether Arbitrations, all parties agree to engage in a mediation of all remaining arbitration demands comprising the Mass Proceeding (the “Bellwether Mediation”). The Bellwether Mediation shall be administered by the arbitration provider. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Proceeding within thirty (30) calendar days following the Bellwether Mediation, the remaining demands for arbitration comprising the Mass Proceeding shall be administered by the arbitration provider on an individual basis pursuant to the arbitration provider’s rules and this Section, unless the parties mutually agree otherwise in writing.
5) All parties agree to cooperate in good faith with the arbitration provider to implement the Bellwether Arbitration procedures, including deferring any costs associated with the non-Bellwether Arbitration Mass Proceedings until the Bellwether Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate on any steps to minimize the time and costs of arbitration, which may include the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes and the adoption of an expedited calendar of the arbitration proceedings.
No Class or Consolidated Actions in Mass Arbitrations. These Bellwether Arbitration and batch arbitration procedures shall in no way be interpreted as authorizing a class, collective, or mass action of any kind, or an arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this Section 18. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, any Disputes is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Block and you agree otherwise, the Arbitrator may not consolidate more than one person’s Disputes (except as expressly provided for herein), and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
Arbitration Fees. In accordance with the NAM Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and Block also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Service.
If for any reason Disputes proceed in court rather than in arbitration, you and Block waive any right to a jury trial. In that instance, you expressly agree to submit to the exclusive personal jurisdiction of the state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California.
Right to Opt Out. You may reject this Arbitration Provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you create a Buzz account or we first provide you with the right to reject this provision. The notice must be sent to Block at the address identified below or by email at the address identified in the Help Center. The Opt Out must include your name, address, and a clear statement that you wish to opt out of the arbitration provisions in these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt out of these arbitration provisions, Block also will not be bound by them.
The Opt Out must be mailed to Block, Inc., Attn: Buzz Arbitration Provision, 1955 Broadway, Suite 600, Oakland, CA 94612.
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by applicable U.S. federal law. To the extent a dispute is not subject to arbitration under Section 18, the parties consent to the exclusive jurisdiction and venue in the state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California. The Service is controlled and operated from the United States; we make no representation that it is appropriate, suitable or available for use outside the United States.
Updating These Terms. These Terms, together with the policies incorporated by reference, are the entire agreement between you and Block regarding the Service. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make material changes, we will provide reasonable notice (for example, in-product or by other means), and your continued use after the changes take effect constitutes acceptance, except where additional consent is required by law. If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, agency, or employment relationship.
Injunctive Relief. You agree that a breach of these Terms may cause irreparable injury to Block for which monetary damages would not be an adequate remedy and Block shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Disputes, Governing Law, and Jurisdiction (Non-US residents). Section 18 (Dispute Resolution; Arbitration; Class-Action Waiver) and Section 19 (Governing Law; Venue) do not apply to you to the extent that they would deprive you of mandatory rights available to you under applicable laws as a consumer. You may bring proceedings relating to these Terms or the Service in any competent court of the country in which you habitually reside, and the laws of that country will apply, only to the extent required by applicable mandatory consumer law.
How to Contact Us. You may contact us regarding the Service or these Terms at: Block, Inc., Attn: Buzz Support, 1955 Broadway, Suite 600, Oakland, CA 94612, or by e-mail at help@buzz.xyz.
UK and EEA Addendum
21. Scope. This UK and EEA Addendum (this “Addendum”) forms part of these Terms and applies to you if you habitually reside in the UK or a Member State of the EEA. If you use the Service as a consumer, Section 22 (Consumers) applies to you, and if you do not use the Service as a consumer, this Addendum excluding Section 22 (Consumers) applies to you. For purposes of this Addendum, “consumer” means any natural person who is acting for purposes that are wholly or mainly outside that person’s trade, business, craft, or profession If there is any conflict between this Addendum and the main body of these Terms, this Addendum shall prevail to the extent of the conflict. Capitalized terms used but not defined in this Addendum have the meanings given to them in the Terms.
22. Consumers
22.1 Mandatory Consumer Rights. Nothing in these Terms is intended to, or shall be construed to, limit or exclude any rights you may have as a consumer under applicable mandatory law in the UK or the EEA. If a term of these Terms is found by a court or competent authority to be unenforceable against a UK or EEA consumer, that term shall be without effect as against you, and the remainder of these Terms shall continue in full force and effect.
22.2 Warranty. To the extent that any provision of these Terms purports to exclude, restrict, or limit an implied warranty, condition, or guarantee that cannot lawfully be excluded under the laws applicable to UK or EEA consumers, that provision shall be read and construed as limited to the maximum extent permitted by law and shall not operate to exclude or restrict that right.
22.3 Liability. Provided that we have acted with reasonable skill and care, we do not take responsibility for loss or damage that is not: (a) caused by our breach of these Terms; or (b) reasonably foreseeable at the time you agreed to these Terms, meaning it is an obvious consequence of our breach or was contemplated by you and us at that time. Nothing in these Terms, including Section 15 (Disclaimers of Warranties) and Section 16 (Limitation of Liability), is intended to exclude or limit our liability for death or personal injury, fraud or fraudulent misrepresentation, any breach of statutory implied terms that cannot lawfully be excluded under applicable consumer law, or any other matter for which it would be unlawful for us to exclude or limit our liability.
23. Your Content License and Moral Rights. Nothing in Section 6 (Your Content and License to Block) shall be construed as requiring you to waive any moral rights that cannot be waived under applicable mandatory law in the UK or the EEA. The license you grant to us applies only to the extent permitted by applicable law.
24. Content Moderation and Enforcement of Rules. We moderate Content shared by you and other users on the Service in line with these Terms and our Content Guidelines. Where required by applicable law, we will provide a statement of reasons for content moderation decisions that affect you and will make available the appeal mechanisms described in Section 7 (Content Moderation, Enforcement, and Appeals) and our Help Center.
25. Recommender Systems. The Service does not use recommender systems to rank, personalize, or curate a public content feed; Content is shared within Workspaces at the direction of Admins and Users. If any future feature of the Service involves algorithmic ranking or personalization of Content, we will provide information about the main parameters of that system and any options available to you to influence it, as required by applicable law.
26. Suspension and Termination of the Service. We will endeavor to notify you in advance of any general suspension of the Service, unless the suspension is required urgently for security or legal reasons or we are unable to notify you for legal reasons.
27. Contact. If you have questions about the rights set out in this Addendum, wish to exercise any of those rights, or wish to make a complaint, please contact us using the details in Section 20.5 (How to Contact Us).