Policies and Procedures

See the steps we take to ensure your privacy and protection with Buffer

Terms of use
Privacy Policy
California Resident Privacy Notice
GDPR
Privacy Shield
Security
Data Retention Notice
API Terms

About

We are committed to our users’ rights to privacy. We promise to share transparently all aspects of how the Buffer product and website work in regards to privacy, terms, and personal data, and we are in full support of efforts to ensure your protection online.

The following is a collection of information and resources to help answer any questions you have about your experience with Buffer. We’re grateful for your interest and proud to have you as a part of our community!

Terms of Use

Last updated: December 18, 2017

Welcome, and thank you for your interest in Buffer, Inc. (“Buffer,” “we,” or “us”) and our website at buffer.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Buffer regarding your use of the Service.

Please read the following terms carefully

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BUFFER’S PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES BUFFER MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND BUFFER’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY BUFFER AND BY YOU TO BE BOUND BY THESE TERMS.

Please read the Buffer Privacy Policy (https://buffer.com/privacy) carefully for information relating to our collection, use, storage, disclosure of your personal information. The Buffer Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Arbitration notice

Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BUFFER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16).

1. Buffer Service Overview

The Service provides a social media management tool that enables users to release posts on social platforms at a scheduled time, in addition to other design and analytics tools to help bolster users’ social media content.

2. Eligibility

You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.

3. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at hello@buffer.com.

4. General Payment Terms

Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.

4.1 Price
Buffer reserves the right to determine pricing for the Service. Buffer will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information, located here: https://buffer.com/pricing. If you cancel your subscription you may forego your current price. If you reactivate at a later date please check https://buffer.com/pricing for our current pricing. Buffer may change the fees for any feature of the Service, including additional fees or charges. Buffer, at its sole discretion, may make promotional offers with different features and different pricing to any of Buffer’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Quotes provided for our Service are subject to change at any time.

4.2 Authorization
You authorize Buffer to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Buffer, to the payment method specified in your account. If you pay any fees with a credit card, Buffer may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4.3 Subscription Service and Cancellation Policy
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Buffer to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings at: https://buffer.com/app/account/receipts and clicking on the "Cancel Plan" option or by contacting us at: hello@buffer.com.

4.4 Delinquent Accounts
Buffer may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

5. Licenses

5.1 Permission to Use
Subject to your complete and ongoing compliance with these Terms, Buffer grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.

5.2 Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity.

5.3 Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Buffer an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

6. Ownership; Proprietary Rights

The Service is owned and operated by Buffer. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by Buffer are protected by intellectual property and other laws. All Materials included in the Service are the property of Buffer or its third party licensors. Except as expressly authorized by Buffer, you may not make use of the Materials. Buffer reserves all rights to the Materials not granted expressly in these Terms.

7. Third Party Terms

7.1 Third Party Services and Linked Websites
Buffer provides tools through the Service that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your account on Buffer with an account on a third party social network service, such as Twitter or Facebook. By using one of these tools, you agree that Buffer may transfer that information to and from the applicable third party service. Third party services are not under Buffer’s control, and Buffer is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Buffer’s control, and Buffer is not responsible for their content.

7.2 Third Party Software
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

8. User Content

8.1 User Content Generally
Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.

8.2 Limited License Grant to Buffer
By providing User Content to or via the Service, you grant Buffer a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

8.3 Limited License Grant to Other Users
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

8.4 User Content Representations and Warranties
Buffer disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Buffer and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Buffer, the Service, and these Terms;

b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Buffer to violate any law or regulation; and

c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

d) your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment

The following serves as a guide to help illustrate generally the types of content that fall within the scope of Buffer’s policy on Hateful Content, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section 8.4(d) does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and Buffer may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which Buffer’s Services integrate or interoperate.

Hateful Content includes:
Any statement, image, photograph, or other content that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise.

A Threat of Physical Harm includes:
Any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures or groups that are known for purporting such content, such as the Ku Klux Klan, Nazi Party, and the like.

Harassment includes:

Revealing someone’s personal information, also known as “doxxing”.
Online stalking, and bullying.
Wishes for physical harm directed at a person or persons.
Incitement of others to any of the previous items.

We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, Harassment, or A Threat of Physical Harm.
A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, Harassment, or A Threat of Physical Harm.

Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.

8.5 User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Buffer may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Buffer with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Buffer does not permit copyright-infringing activities on the Service.

8.6 Monitoring Content
Buffer does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Buffer reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Buffer chooses to monitor the content, Buffer still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

9. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

use the Service for any illegal purpose or in violation of any local, state, national, or international law;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference;
modify or create derivatives of any part of the Service;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Buffer’s systems or networks, or any systems or networks connected to the Service or Buffer;
sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.

10. Digital Millennium Copyright Act

10.1 DMCA Notification
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

Buffer, Inc.
ATTN: Legal Department (Copyright Notification)
2443 Fillmore Street #380-7163
San Francisco, CA 94115
Email: copyright@buffer.com

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

10.2 Repeat Infringers
It is Buffer’s policy to promptly terminate the accounts of users that are determined by Buffer to be repeat infringers.

11. Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

12. Term, Termination and Modification of the Service

12.1 Term
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2.

12.2 Termination
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Buffer may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting customer service at hello@buffer.com.

12.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Buffer any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 12.3, 13, 14, 15, 16 and 17 will survive.

12.4 Modification of the Service
Buffer reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Buffer will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Premium service fees are not refundable.

13. Indemnity

You are responsible for your use of the Service, and you will defend and indemnify Buffer and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Buffer Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

14. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BUFFER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BUFFERDOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BUFFER DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BUFFER ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BUFFER ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

HOWEVER, BUFFER DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT BUFFER IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BUFFER ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BUFFER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 16.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BUFFER ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BUFFER FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Dispute Resolution and Arbitration

16.1 Generally
In the interest of resolving disputes between you and Buffer in the most expedient and cost effective manner, and except as described in Section 16.2, you and Buffer agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BUFFER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

16.2 Exceptions
Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

16.3 Arbitrator
Any arbitration between you and Buffer will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Buffer. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

16.4 Notice of Arbitration; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Buffer’s address for Notice is: Buffer, Inc., 2443 Fillmore Street #380-7163, San Francisco, CA 94115. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Buffer may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Buffer must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Buffer will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Buffer in settlement of the dispute prior to the arbitrator’s award; or (iii) $10,000.

16.5 Fees
If you commence arbitration in accordance with these Terms, Buffer will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Buffer for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

16.6 No Class Actions
YOU AND BUFFER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Buffer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

16.7 Modifications to this Arbitration Provision
If Buffer makes any future change to this arbitration provision, other than a change to Buffer’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Buffer’s address for Notice of Arbitration, in which case your account with Buffer will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

16.8 Enforceability
If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17.1 will govern any action arising out of or related to these Terms.

17. General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Buffer regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

17.1 Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Buffer submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms.

17.2 Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

17.3 Contact Information
The Service is offered by Buffer, Inc. located at 2443 Fillmore Street #380-7163, San Francisco, CA 94115. You may contact us by sending correspondence to that address or by emailing us at hello@buffer.com. You can access a copy of these Terms by clicking here: buffer.com/legal#terms

17.4 Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

17.5 International Use
Access to the Service from countries or territories or by individuals where such access is illegal is prohibited

Privacy Policy

Last updated: March 12, 2020

Buffer provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use, protection, and disclosure of Personal Information received from your use of this website, located at https://buffer.com (“Site”), as well as all related websites including our subdomains at https://reply.buffer.com and https://analyze.buffer.com, applications, browser extensions, and other services provided by us (collectively, together with the Site, our “Service”), and in connection with our customer, vendor, and partner relationships. This Privacy Policy also tells you about your rights and choices with respect to your Personal Information, and how you can reach us to update your contact information or get answers to questions you may have about our privacy practices.

In addition to the activities described in this Privacy Policy, we may process Personal Information on behalf of our commercial customers when they use the Service. We process such Personal Information as a data processor of our commercial customers, which are the entities responsible for the data processing. To understand how a commercial customer processes your Personal Information, please refer to that customer’s privacy policy.

If you are a California resident, our Privacy Notice for California Residents includes additional information about your rights and how we collect, use, and share information.

Registration with, use of, and access to the Service is subject to this Privacy Policy and our Terms of Use located at https://buffer.com/legal#terms. All terms not defined in this Privacy Policy will have the meanings set forth in the Buffer Terms of Use.

Click on one of the links below to obtain more information in the listed section:

Personal Information We May Collect
Personal Information Provided by You
1. Personal Information Collected from Connected Social Media Accounts
2. Personal Information Automatically Obtained from Your Interactions with the Service
How We May Use Your Personal Information
How We Share Your Personal Information
How We Protect Your Personal Information
Your Rights and Choices
Data Transfers
Children’s Privacy
Updates to this Privacy Policy
Your California Privacy Rights
How to Contact Us

1. Personal information we may collect

For the purpose of this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable individual. We obtain Personal Information relating to you from various sources described below.

Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Service if that information is necessary to provide you with the service or if we are legally required to collect it.

2. Personal information provided by you

Registration
If you desire to have access to certain restricted sections of the Site or request to receive marketing materials, you may be required to become a registered user, and to submit the following types of Personal Information to Buffer: your name, email address, phone number, full user name, password, city, and time zone.

Customer Support
We may collect information through your communications with our customer support team or other communications that you may send us and their contents.

Making a Purchase
When you make payments through the Service, you will need to provide Personal Information such as your credit card number and billing address.

Social Media
In order to allow you to post to your social media platforms, we may ask you to provide your username, account ids, social handle, timezones, and email address.

Other
We may also collect your contact details when you provide them in the context of our customer, vendor, and partner relationships.

2a. Personal Information Collected from Connected Social Media Accounts

If you connect your third party social media account to your Buffer account, we may collect certain information stored in your social media account such as:

Facebook
Buffer may allow you to connect a Facebook page or profile to your Buffer account, in which case we will access certain information from Facebook regarding your account. In particular, we may collect profile image, display name, username / page ID or profile ID, access tokens, sent posts. This includes the content of your post and engagement data (such as click rates, likes, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law. This data will only be used by Buffer to provide you with the Service you expect and will not be shared with any third parties.

Twitter
Buffer may allow you to connect a Twitter profile to your Buffer account, in which case we will access certain information from Twitter regarding your account. In particular, we may collect profile image, display name, username / profile ID, access tokens, and sent posts. This includes the content of your post and engagement data (such as click rates, likes, retweets, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law. This data will only be used by Buffer to provide you with the Service you expect and will not be shared with any third parties.

Instagram
Buffer may allow you to connect an Instagram profile to your Buffer account, in which case we will access certain information from Instagram regarding your account. In particular, we may collect profile image, display name, username / profile ID, access tokens, and sent posts. This includes the content of your post and engagement data (such as click rates, likes, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law. This data will only be used by Buffer to provide you with the Service you expect and will not be shared with any third parties.

Pinterest
Buffer may allow you to connect a Pinterest page or profile to your Buffer account, in which case we will access certain information from Pinterest regarding your account. In particular, we may collect profile image, display name, username / profile ID, access tokens, sent posts, and profile boards. This includes the content of your post and engagement data (such as click rates, likes, re-shares, re-pins, impressions, as well as general engagement counts), to the extent permitted by applicable law. This data will only be used by Buffer to provide you with the Service you expect and will not be shared with any third parties.

LinkedIn
Buffer may allow you to connect a LinkedIn profile to your Buffer account, in which case we will access certain information from LinkedIn regarding your account. In particular,
we may collect profile image, display name, username / profile ID, access tokens, and sent posts. This includes the content of your post and engagement data (such as click rates, likes, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law. This data will only be used by Buffer to provide you with the Service you expect and will not be shared with any third parties.

Additionally, if you connect Twitter, Facebook, or Instagram when utilizing Buffer Reply we may collect: profile image, display name, username / page ID, access tokens, sent or received comment text and sent or received private message text.

Additionally, if you connect Twitter, Facebook, or Instagram when utilizing Buffer Analyze we may collect: profile image, display name, username / handle, access tokens, social channels insights data and social accounts demographic data, sent tweets, social account’s followers count, social account’s insights data and social account’s audience data.

2b. Personal Information Automatically Obtained from Your Interactions with the Service

Log Data
When you use our Service, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the web-pages you visit, the search terms you use, and any advertisements on which you click.

Cookies and Similar Technologies
Like many websites, we also use “cookie” technology to collect additional website usage data and to improve the Site and our Service. A cookie is a small data file that we transfer to your computer’s hard disk. A session cookie enables certain features of the Site and our service and is deleted from your computer when you disconnect from or leave the Site. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. Most Internet browsers automatically accept cookies. Buffer may use both session cookies and persistent cookies to better understand how you interact with the Site and our Service, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and our Service.

We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message, to the extent permitted under applicable law.

You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

Third Party Web Beacons and Third Party Buttons
We may display third-party content on the Service, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons, such as Facebook “share” buttons, that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Buffer. Please consult such third party’s data collection, use, and disclosure policies for more information.

Links to Other Websites
Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to read the privacy policies or statements of the other websites you visit.

3. How we may use your personal information

We may use the Personal Information we obtain about you to:

create and manage your account, provide our Service, process payments, and respond to your inquiries;
manage account authentication such as two-factor authentication
communicate with you to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance, including by periodically emailing you service-related announcements;
tailor our Service (e.g., we may use cookies and similar technologies to remember your preferences);
publish your content, comments or messages on social media platforms;
provide tailored advertising, for Buffer services, via Google AdWords;
aggregate your Personal Information for analytical purposes;
provide customer support;
operate, evaluate and improve our business (including by developing new products and services; managing our communications; determining the effectiveness of our advertising; analyzing how the Service is being accessed and used; tracking performance of the Service; debugging the Service; facilitating the use of our Service);
send you marketing communications about products, services, offers, programs and promotions of Buffer, and affiliated companies;
ensure the security of our Service;
manage our customer, service provider and partner relationships;
enforce our agreements related to our Service and our other legal rights; and
comply with applicable legal requirements, industry standards and our policies.

If you are located in the European Economic Area, we may process your Personal Information for the above purposes when:

you have consented to the use of your Personal Information, For example, we may seek to obtain your consent for our uses of cookies or similar technologies, or to send you marketing communications.
we need your Personal Information to provide you with services and products requested by you, or to respond to your inquiries,
we have a legal obligation to use your Personal Information, or
we have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to ensure and improve the safety, security, and performance of our Service, to anonymize Personal Information and carry out data analyses.

4. How we share personal information

We may disclose the Personal Information we collect about you as described below or otherwise disclosed to you at the time the data is collected, including with:

Social Media Platforms
Our primary purpose for using information is to publish your content on social platforms, allow you to track metrics for analytical purposes, and engage with customers through public replies and conversations (direct messages or “DMs”). We may allow you to link your account on Buffer with an account on a third party social network platform, such as Twitter or Facebook, and to transfer your information to and from the applicable third party platform. Once you share your content to a social media platform, its use will be governed by that platform’s privacy policy.

Service Providers
We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer relationship, database storage and management, and direct marketing campaigns. We may share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services. We also require these third parties to maintain the privacy and security of the Personal Information they process on our behalf.

Compliance with Laws and Law Enforcement
Buffer cooperates with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against claims, for legal process (including subpoenas), to protect the property and rights of Buffer or a third party, to protect Buffer against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of the Service and any equipment used to make the Service available, or to comply with the law.

Business Transfers
Buffer may sell, transfer or otherwise share some or all of its assets, including Personal Information, in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction, or in the event of insolvency or bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.

Other Third Parties
We may share Personal Information with our headquarters and affiliates, and business partners to whom it is reasonably necessary or desirable for us to disclose your data for the purposes described in this Privacy Policy. We may also make certain non-Personal Information available to third parties for various purposes, including for business or marketing purposes or to assist third parties in understanding our users’ interest, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and functionality available through the Service.

5. How we protect personal information

Buffer cares deeply about safeguarding the confidentiality of your Personal Information. We employ administrative and electronic measures designed to appropriately protect your Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. Please be aware that no security measures are perfect or impenetrable. We cannot guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our administrative, physical, and electronic safeguards, subject to requirements under applicable law to ensure or warrant information security.

We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information to you via email or conspicuous posting on our Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system , and any other disclosures that may be required under applicable law.

We also take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.

6. Your rights and choices

If you decide at any time that you no longer wish to receive marketing communications from us, please follow the unsubscribe instructions provided in any of the communications. You may also opt out from receiving commercial email from us by sending your request to us by email at hello@buffer.com. Please be aware that, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.

In certain jurisdictions you have the right to request access and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or object to the processing of your Personal Information, to have the information blocked, anonymized or deleted, as appropriate, or to exercise your right to data portability to transfer your Personal Information to another company. Those rights may be limited in some circumstances by local law requirements. For example, California residents can refer to the separate California Resident Privacy Notice to learn more about their California privacy rights. In addition to the above-mentioned rights, you also have the right to lodge a complaint with a competent supervisory authority subject to applicable law.

Where required by law, we obtain your consent for the processing of certain Personal Information collected by cookies or similar technologies, or used to send you direct marketing communications, or when we carry out other processing activities for which consent may be required. If we rely on consent for the processing of your Personal Information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.

To update your preferences, ask us to remove your information from our mailing lists, delete your account or submit a request to exercise your rights under applicable law, please contact us as specified in the “How to Contact Us” section below.

7. Data transfers

Buffer is based in the United States. Personal Information that we collect may be transferred to, and stored at, any of our affiliates, partners or service providers which may be inside or outside the European Economic Area (“EEA”) and Switzerland, including the United States. By submitting your personal data, you agree to such transfers. Your Personal Information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information. When we transfer or disclose your Personal Information to other countries, we will protect that information as described in this Privacy Policy.

Individuals Located in the EEA, the UK or Switzerland
If you are located in the European Economic Area (“EEA”), the United Kingdom, or Switzerland, we comply with applicable legal requirements for the transfer of Personal Information to countries outside of the EEA, the United Kingdom, and/or Switzerland. In particular, we rely on your explicit consent to transfer your Personal Information to Buffer in the U.S. The U.S. is considered not to provide a similar level of data protection as the EEA, the United Kingdom and Switzerland. You can at all times revoke your consent simply by contacting us at hello@buffer.com. In addition, we may enter into Standard Contractual Clauses issued by the European Commission with our commercial customers where appropriate.

8. Children's privacy

The Site is not directed to persons under 16. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at hello@buffer.com. We do not knowingly collect Personal Information from children under 16. If we become aware that a child under 16 has provided us with Personal Information, we will delete such information from our files.

9. Updates to this Privacy Policy

This Privacy Policy may be updated from time to time for any reason; each version will apply to information collected while it was in place. We will notify you of any modifications to our Privacy Policy by posting the new Privacy Policy on our Site and indicating the date of the latest revision. You are advised to consult this Privacy Policy regularly for any changes.

In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of this Privacy Policy.

10. Your California privacy rights

California law affords California residents certain additional rights regarding our collection and use of your personal information. To learn more about your California privacy rights, please visit our Privacy Notice for California Residents.

11. How to contact us

Buffer Inc. is the entity responsible for the processing of your Personal Information. If you have any questions or comments regarding this Privacy Policy, or if you would like to exercise your rights to your Personal Information, you may contact us by emailing us at hello@buffer.com or by writing to us at:

Buffer Inc
2443 Fillmore St #380-7163
San Francisco, CA 94115

This Privacy Policy is effective as of August 6, 2018.

If you have any thoughts or questions about this Privacy Policy please let us know.

Buffer California Resident Privacy Notice

This California Resident Privacy Notice supplements the information and disclosures contained in our Privacy Policy. It applies to individuals residing in California from whom we collect Personal Information as a business under California law.

1. Personal Information Collection, Disclosure, and Sale

For the purposes of this notice, Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”).

Personal Information does not include information that is:

Lawfully made available from government records.
De-identified or aggregated.
Otherwise excluded from the scope of the CCPA.

The chart below provides the categories of Personal Information (as defined by the CCPA) we have collected, disclosed for a business purpose, sold, or used for business or commercial purposes in the preceding twelve months since this notice was last updated, as well as the categories of sources from which that information was collected, and the categories of third parties with whom we shared Personal Information. The examples of Personal Information provided for each category reflect each category’s statutory definition and may not reflect all of the specific types of Personal Information associated with each category.

Category	We Collect	We Disclose	We Sell	Categories of Third Parties with Whom We Share Personal Information
A. Identifiers Examples: Name, postal address, online identifier, internet protocol address, email address, account name, or other similar identifiers.	Yes	Yes	No	Internet Service Providers, Analytics Providers, OS/Platform Provider, Social Networks, Affiliates, Vendors, Integrated Third Parties, Third Parties as Legally Required, Third Parties with consent
B. Categories of Personal Information in Cal. Civ. Code Section 1798.80(e) Examples: Name, address, telephone number, credit card number	Yes	Yes	No	Internet Service Providers, Analytics Providers, OS/Platform Provider, Social Networks, Affiliates, Vendors, Integrated Third Parties, Third Parties as Legally Required, Third Parties with consent
C. Characteristics of Protected Classifications under California or Federal Law Examples: gender identity or expression, genetic information	No	N/A	N/A	N/A
D. Commercial Information Examples: Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Yes	Yes	No	Internet Service Providers, Analytics Providers, OS/Platform Provider, Social Networks, Affiliates, Vendors, Integrated Third Parties, Third Parties as Legally Required, Third Parties with consent
E. Biometric Information	No	N/A	N/A	N/A
F. Internet or Other Electronic Network Activity Information Examples: information regarding a consumer’s interaction with an internet website, application or advertisement.	Yes	Yes	No	Internet Service Providers, Analytics Providers, OS/Platform Provider Affiliates, Vendors, Integrated Third Parties
G. Geolocation Data Example: Precise physical location.	No	N/A	N/A	N/A
H. Sensory Information Examples: visual (i.e. profile pictures and avatars), or similar information.	Yes	Yes	No	Internet Service Providers, Analytics Providers, OS/Platform Provider Affiliates, Vendors, Integrated Third Parties Service Providers
I. Professional or employment-related information	No	N/A	N/A	N/A
J. Non-Public Education Information (as defined in 20 U.S.C. 1232g; 34 C.F.R. Part 99)	No	N/A	N/A	N/A
K. Inferences Drawn from Personal Information Examples: Consumer profiles reflecting a consumer’s preferences, characteristics, predispositions, behavior, and attitudes.	Yes	Yes	No	Internet Service Providers, Analytics Providers, OS/Platform Provider Affiliates, Vendors, Integrated Third Parties

In the preceding twelve months, we have not sold any California resident’s Personal Information.

2. Use of Personal Information

We collect, use, and disclose your Personal Information in accordance with the specific business and commercial purposes below:

1. Providing Services: Providing our services.
2. Communicating: Communicating with you, providing you with updates and other information relating to our services, providing information that you request, responding to comments and questions, and otherwise providing customer support.
3. Social Network Support: Updating your status on social networks, sending messages on your behalf to your social networks, and providing other features and services to you.
4. Connecting Third Party Services: Facilitating the connection of third-party services or applications, such as social networks.
5. Marketing: Marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest to you.
6. Personalization: Personalizing your experience on our services such as presenting tailored content.
8. Facilitating Payments: Facilitating transactions and payments.
9. De-identification and Aggregation:De-identifying and aggregating information collected through our services and using it for any lawful purpose.
10. Safety Issues: Responding to trust and safety issues that may arise.
11. Compliance: For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
12. Auditing Interactions: Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
13. Fraud and Incident Prevention: Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
14. Debugging: Debugging to identify and repair errors that impair existing intended functionality.
15. Transient Use: Short-term, transient use.
16. Contracting Vendors: Contracting with service providers to perform services on our behalf or on their behalf, including maintaining or servicing accounts, providing customer service, processing orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
17. Research: Undertaking internal research for technological development and demonstration.
18. Product Improvement: Undertaking activities to verify or maintain the quality or safety of our services, and to improve, upgrade, or enhance our services.
19. Enabling Transactions: Otherwise enabling or effecting, directly or indirectly, a commercial transaction.
20. Notified Purpose: For other purposes for which we provide specific notice at the time the information is collected.

3. Collection and Disclosure of Personal Information

In the preceding twelve months since this notice was last updated, we have collected Personal Information from the following categories of sources:

a. You/Your Devices: You or your devices directly.
b. Users: Other users on our service.
c. Partners: Business partners.
d. Public: Publicly accessible sources.

Pursuant to our Privacy Policy, we may share your Personal Information with the following categories of third parties:

1. ISPs: Internet service providers.
2. Analytics Providers.
3. OS/Platform Provider: Operating systems and platforms.
4. Social Networks.
5. Affiliates.
6. Vendors: Vendors and service providers.
7. Integrated Third Parties: Third parties integrated into our services.
8. Third Parties as Legally Required: Third parties as required by law and similar disclosures.
9. Third Parties in Merger/Acquisition: Third parties in connection with a merger, sale, or asset transfer.
10. Third Parties with Consent: Other third parties for whom we have obtained your permission to disclose your Personal Information.

4. Your California Privacy Rights

If you are a California resident, you may exercise the following rights.

Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected, sold, or disclosed by us; (2) purposes for which categories of Personal Information are collected or sold by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you during the past twelve months.

Right to Delete. Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you.

Verification. Requests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, please provide us with the email address associated with your Buffer account and the last 4 four digits and expiration date of the payment card that’s linked to the Buffer account. If you are a non-paying customer please provide us with the email address associated with your Buffer account and the phone number used for two-step authentication.

Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations.

Shine the Light. You may request information once per calendar year about our disclosures of certain categories of Personal Information to third parties for their direct marketing purposes. Such requests must be submitted to us in writing using the Contact Information section below.

Submit Requests. To exercise your rights under the CCPA, please contact us by email at privacy@buffer.com or write to us at the following address:

Buffer Inc
2443 Fillmore St #380-7163
San Francisco, CA 94115

Authorizing an Agent: To authorize an agent to make a request to know or delete on your behalf, please send a written authorization signed by you and the authorized agent to us via privacy@buffer.com.

5. Do Not Track

There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.

6. Contact Information

If you have any questions, comments, or concerns about our processing activities, or you would like to exercise your privacy rights please email us at privacy@buffer.com.com or write to us at:

Buffer Inc
2443 Fillmore St #380-7163
San Francisco, CA 94115

Last updated: March 12, 2020

Privacy Shield Policy

Buffer Inc. (“Buffer”) complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (the “Frameworks”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information (as defined below) that is transferred from the European Economic Area (“EEA”), the United Kingdom and/or Switzerland, to the United States in reliance on Privacy Shield. Buffer has certified to the Department of Commerce that it adheres to the Privacy Shield Principles (the “Principles”) with respect to such information.

If there is any conflict between the terms in this privacy policy and the Principles, the Principles will govern. To learn more about the Privacy Frameworks, and to view our certification, please visit https://www.privacyshield.gov/.

This Privacy Shield Policy supplements our Privacy Policy. Capitalized terms used in this Privacy Shield Policy have the meaning given to them by our Privacy Policy, unless specifically defined in this Policy. In case of conflict between our Privacy Policy and this Policy with regard to our privacy practices under the Frameworks, this Policy prevails. This Policy applies to Buffer, which is subject to the investigatory and enforcement powers of the Federal Trade Commission.

Personal Information Received from the European Economic Area & Switzerland
Buffer may receive from the EEA and Switzerland some or all of the information listed in our Privacy Policy. Some of that information may qualify as “personal information” or “personal data” (collectively, “Personal Information”) as defined in the Principles. To the extent that Buffer receives Personal Information from the EEA and Switzerland in reliance on the Frameworks, Buffer will handle such Personal Information in accordance with the Principles.

How We Obtain Personal Information
We obtain and process Personal Information in different capacities.

As a data controller, we collect and process Personal Information from the EEA and Switzerland when offering our products and services to individuals as set forth in our Privacy Policy.

As a data processor, we process Personal Information from the EEA and Switzerland on behalf of our commercial customers when providing our B2B products and services. In that context, we only process Personal Information on behalf of and at the direction of our commercial customers (which are data controllers), as explained in the Privacy Policy.

For all types of processing, Buffer commits to the Principles of the Privacy Shield with respect to all Personal Information received from the EEA and Switzerland in reliance on the Frameworks.

Notice
We provide information regarding our privacy practices in our Privacy Policy.

When we process Personal Information on behalf of our commercial customers, our commercial customers determine the categories of data they provide to our Service and the purposes of the processing. Accordingly, our commercial customers are responsible for providing notice to individuals and you should review their privacy policies for more information regarding their data processing practices.

Data Integrity and Purpose Limitation
Buffer may use the Personal Information it receives from the EEA and Switzerland for the purposes set forth in our Privacy Policy or as you may otherwise be notified. We take reasonable steps to ensure that the Personal Information we process is reliable for its intended use, accurate, complete, and current to the extent necessary for the purposes for which we use the Personal Information. We will not process Personal Information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you. We will adhere to the Principles for as long as we retain the Personal Information collected under the Frameworks.

Onward Transfers
Our Privacy Policy describes the circumstances in which we may disclose your information to third parties. We remain responsible for the processing of Personal Information received under the Frameworks and subsequently transferred to a third party acting as an agent if the agent processes such Personal Information in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage. We may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Data Security
We use reasonable and appropriate measures to protect your Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.

Choice
We will give you an opportunity to choose whether your Personal Information may be used for a purpose that is materially different from the purposes for which it was originally collected or subsequently authorized by you, or if we intend to disclose it to a third party acting as a data controller that we have not previously disclosed to you. In such circumstances, we will notify you and offer you the opportunity to opt-out of such uses and/or disclosures where non-sensitive Personal Information is involved, and to opt-in where sensitive Personal Information is involved.

Access to Personal Information
Where appropriate, Buffer will provide you with access to the Personal Information that we maintain about you. Buffer will also correct, amend or delete Personal Information that we maintain about you when it is inaccurate or has been processed in violation of the Principles and you send a written request to us using the information provided in the “Contact Information” section below. We will review your request in accordance with the Principles, and may limit or deny access to Personal Information where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by the Principles.

When we process Personal Information on behalf of our commercial customers, our commercial customers control the type of information we obtain, how that information is used and disclosed, and how it can be modified. Accordingly, if you wish to request access, limit use or disclosure of your Personal Information, please contact us using the information provided in the “Contact Information” section below.

Recourse and Enforcement
We conduct an annual self-assessment of our Personal Information practices to verify that the attestations and assertions made in this Policy are true and have been implemented as represented.

If you have any questions or concerns, we encourage you to write to us at the address listed below. We will investigate and attempt to resolve any complaints or disputes regarding our use and disclosure of Personal Information in accordance with the Principles. Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through Buffer, Inc.’s internal processes, Buffer, Inc. has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure, which serves as our third-party non-profit alternative dispute resolution provider located in the United States and operated by VeraSafe. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/. For residual complaints not fully or partially resolved by other means, you may be able to invoke binding arbitration as detailed in the Principles.

Privacy Shield Policy Changes
This Policy may be changed from time to time, consistent with the requirements of the Frameworks. You can determine when this Policy was last revised by referring to the “Last Updated” legend at the bottom of this Policy. Any changes to this Policy will become effective when posted to our website.

Contact Information
If you have questions, concerns, or complaints about this Privacy Shield Policy or Buffer’s privacy practices, or if you would like to exercise your rights and choices with regard to your Personal Information, please contact us by email at hello@buffer.com or write to us at the following address:

Buffer Inc
2243 Fillmore St #380-7163
San Francisco, CA 94115
United States

If you have any thoughts or questions about this Privacy Policy please let us know.

Last updated: July 29, 2019

Security

Reporting an issue

We know how much work goes in to pen testing! To avoid frustration, you can check out these common non-vulnerabilities that don't qualify for rewards.

Also, the following subdomains are excluded from the scope of our reward program:

jobs.buffer.com
journey.buffer.com

Got a valid issue? Awesome! Please include:

A summary of the problem
A severity rating of 1 - 5 (1 being least severe, 5 being most ie. you can easily hijack, impersonate or access any other account or data)
A PoC or breakdown of how to replicate the issue
The operating system name and version as well as the web browsers name and version that you used to replicate the issue

Please email any issue you'd like to report to security@buffer.com

GPG Encryption

If you plan to provide access tokens, secure cookies or sensitive data/logs as an example, we kindly ask you to let us know and we will provide our GPG public key to you.

Rewards

We're eternally grateful for all of those who put in hard work to identify weaknesses within Buffer. For reports that are not common non-vulnerabilities, we like to reward those who responsibly disclose vulnerabilities with an acknowledgement, swag or bounty money.

Acknowledgements

We appreciate the work that goes into finding and disclosing security flaws in Buffer and would like to thank the following individuals and organizations:

Sakurity - Security Consulting

We've been working closely with Egor and his team at Sakurity to identify key weaknesses within our app. They've continuously proven to be experts in identifying OAuth weaknesses. They have helped us identify and resolve potential security holes such as account hijacking, access token leaks, XSS and CSRF exploits.

Data Retention Notice

Last updated: April 22, 2020

This policy covers all personal customer data that we hold or have control over. This includes physical personal data such as hard copy documents, contracts, notebooks, letters and invoices. It also includes electronic personal data such as emails, electronic documents, audio and video recordings. In this policy we refer to this information and these records collectively as “data”.

This policy does not cover non-personal data, including data that is anonymized. Such data is not subject to a data retention schedule.

This policy covers data that is held by third parties on our behalf, for example cloud storage providers or offsite records storage. It also covers data that belongs to us but is held by employees on personal devices.

This policy applies to all Buffer entities.

Record Retention Schedule

Buffer establishes retention or destruction schedules or procedures for specific categories of data. This is done to ensure legal compliance (for example with our data protection obligations) and accomplish other objectives, such as protecting intellectual property and controlling costs.

Buffer will comply with the retention periods listed in the record retention schedule below, in accordance with our Data Retention Policy.

If you become aware of any changes that may affect the periods listed below or if you have any other questions about this record retention schedule, please contact the Data Protection Officer. Retention periods generally are expressed in terms of the number of calendar years to be added to the current calendar year. For example, since we are classifying our policy as 2 years, a record generated during 2019 should be retained during the remainder of 2019, as well as through 2020 and 2021, and then destroyed at the end of 2021.

TYPE OF DATA	RECORD DESCRIPTION	RETENTION GUIDELINE
Customer Data (non-sensitive)	Current customer (free account)	2 years after a customer becomes inactive
Customer Data (non-sensitive)	Current customer (paid account)	2 years after a customer becomes inactive (specifically, from the point that they are downgraded to a Free account) A paying customer would only be inactive if they downgrade to Free plan and are not active on the Free plan for 2 years. As long as a customer is paying, we will not delete the account.
Customer Data (non-sensitive)	Current customer (free and paying accounts)	We will store User Content for up to 24 months for active customers. See more details below.
Customer Data (non-sensitive)	Customer invoice information	For tax and accounting purposes we will retain invoice information for up to 7 years after your last payment.
Customer Data (non-sensitive)	Prospective Customer Data (marketing leads)	2 years after last interaction with prospective customer.

How long we retain information for active customers

Buffer does not permanently store Content from Social Networks. When you use our Service you are permitted to upload content to the Service, including social media posts and other content which may include messages, reviews, photos, video, images, data, text, and other types of works (“User Content”). We will store User Content for up to 24 months and we will actively delete User Content that is older than 24 months. This includes User Content used in publishing social media posts, generating analytics, and conversations with customers.

Deleting User Content from our Service does not mean that the Content is deleted from your Social Networks. User Content may continue to exist on the Social Networks and you will need to contact the relevant Social Network directly if you want to remove this Content.

How we will define an inactive account:

For Publish, we consider your last active date to be when you last scheduled a post.

For Analyze, we consider your last active date to be when you loaded a page.

For Reply, we consider your last active date to be the last date you replied to a conversation.

Note: Deleting accounts will happen at the global account level. Therefore, we will look at a user’s combined state across all products before deleting an account. For example, if a customer is still actively using at least one Buffer product (i.e. Publish, Analyze, or Reply) we will not delete their global account until it has been inactive for a 2 year period across all products.

Notification: In general, we will aim to give users at least a 7 day notice before deleting their data. After a user is notified, if they become active we will not delete their account.

API Terms

Last updated: September 23, 2020

THESE API TERMS (“TERMS”) IS A LEGALLY BINDING AGREEMENT BETWEEN BUFFER, INC. (“BUFFER”) AND THE LEGAL ENTITY YOU REPRESENT (“YOU”). IF YOU USE OR ARE ENGAGING IN ACTIVITIES UNDER THESE TERMS FOR A BUSINESS OR CORPORATE ENTITY (“COMPANY”), WHETHER AS AN EMPLOYEE OR CONTRACTOR, THE TERM “YOU” INCLUDES, AND THE TERMS AND CONDITIONS HEREOF ARE BINDING ON, BOTH YOU AS AN INDIVIDUAL AS WELL AS SUCH COMPANY. IN ADDITION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY, AND THAT SUCH COMPANY HAS AUTHORIZED YOU TO ACCEPT THE TERMS OF THESE TERMS ON ITS BEHALF.

BUFFER IS WILLING TO PROVIDE A LICENSE TO ITS API AND API MATERIALS (EACH DEFINED BELOW) TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT, AGREE TO AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS IN THESE TERMS. BY USING THE API, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU WILL NOT ACCESS, AND WILL ENSURE THAT YOUR CONTRACTORS WILL NOT ACCESS, THE API OR API MATERIALS.

1. Defined Terms

In addition to other terms that may be defined herein, the following terms, when capitalized and in singular or plural form, as appropriate, will have the meanings set forth as follows:

1.1 Affiliates
means any present or future corporation or other Entity that controls, is controlled by, or is under common control with a party (where control means (i) ownership of more than fifty percent (50%) of the shares, equity interest or other securities entitled to vote for election of directors, or (ii) the authority to direct management).

1.2 API
means an application programming interface that Buffer provides or otherwise makes available to You in connection with the API Materials or the Buffer Service provided hereunder.

1.3 API Materials
means the API, Documentation and Software collectively.

1.4 Application
means each software application You develop, or have developed on Your behalf by Your Contractor(s), with or in connection with the API Materials, which application is intended to be distributed for download and/or installation by end users for use on electronic devices or other consumer products.

1.5 Buffer Service
means the digital platform provided by Buffer that allows end users of an Application to interact with the Application.

1.6 Contractor
means Your independent contractor who develops and/or distributes an Application on Your behalf and who agrees to be bound by the terms of these Terms.

1.7 Documentation
means documentation that Buffer provides or otherwise makes available to You in connection with the API and Buffer Service.

1.8 Entity
means any corporation, general partnership, limited partnership, limited liability partnership, joint venture, estate, trust, limited liability company, firm, association, organization, or other legal entity.

1.9 Intellectual Property Rights
means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, right of privacy, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, worldwide.

1.10 Key
means a unique alpha-numeric code, issued by Buffer, specific to a particular Application that enables a particular feature or set of features in such Application.

1.11 Software
means (i) the software provided to You by Buffer and licensed under these Terms, including the software development kit(s) for the certain features; related libraries and headers; certain sample application(s) in human readable (source code) form or binary form; and (ii) additional software, if any, that Buffer provides to You. The contents of the Software may vary by feature and for platform specific versions.

2. License Grants

2.1 License to API
Subject to and conditioned upon Your compliance with the terms and conditions set forth in these Terms, Buffer hereby grants to You a personal, non-exclusive, non-sublicenseable (except as set forth below in Section 2.3), non-transferable, revocable license during the Term, to access and use the API Materials in accordance with the Documentation solely for the purposes of developing and testing an Application for use with the API and making the Application available to the public.

2.2 Sublicense Rights
Subject to and conditioned upon Your compliance with the terms and conditions of these Terms, Buffer hereby grants to You a personal, non-exclusive, non-sublicenseable, non-transferable, revocable license, during the Term to sublicense the license rights set forth in Section 2.2 solely to Your Contractors for the sole purpose of developing and distributing Applications on Your behalf, provided that (i) any sublicense rights granted to any such Contractor by You pursuant to this Section 2.3 may be granted on a single tier basis only, without further sublicense rights; and (ii) You will be responsible and liable for the acts and omissions of Your Contractors, including without limitation, their compliance with these Terms, as if such acts or omissions were Your own acts or omissions.

2.3 Alpha/Beta Releases
If the API Materials provided to You under these Terms are designated by Buffer as an “alpha” or “beta” release You acknowledge that any such API Materials are a prerelease or experimental version and may not be at the level of performance and compatibility of a final product. The API Materials may not operate correctly and may be substantially modified or withdrawn completely by Buffer. You will not, and will ensure that Your Contractors do not, do any significant development or testing using alpha or beta versions of the API Materials. Any development You undertake with an alpha or beta version of the API Materials is at Your sole risk.

2.4 Copies
In addition to any rights expressly provided above, subject to and conditioned upon Your compliance with the terms and conditions of these Terms, You may, and You may permit Your Contractors to, make a single copy of the Software only for backup purposes, provided that You (and/or Your Contractors, as the case may be) reproduce all copyright and other proprietary notices that are on the original copy of the Software. You will not, and will ensure that Your Contractors do not make more copies of the Software than specified in these Terms.

2.5 Retention of Rights
The API Materials are licensed and not sold to You. You acknowledge and agree that nothing in these Terms will convey, assign or otherwise transfer to You, Your Affiliates or Your Contractors any title or ownership rights in any part of the API Materials or the Buffer Service.

3. Provision of API

3.1 Your use of the API is subject to the use and rate limits posted by Buffer at https://buffer.com/developers/api. You are not permitted to access endpoints that are restricted and protected. If You have a need for a higher rate limit, You must request such higher rate limit, which Buffer will consider in its sole discretion.

3.2 In any agreement of any kind that You use to distribute the Application, including, without limitation, any end user license agreement, You shall: (a) disclaim all liability and warranties on behalf of Buffer (which disclaimer may generally reference Your licensors and not include Buffer by name) and (b) not impose any liabilities or warranties on Buffer.

3.3 Buffer reserves the right to modify the API and the API Materials, and to release subsequent versions of the API, in accordance with the remainder of this Section 3. You acknowledge and agree that You may be required to obtain and use the most recent version of the API in order for Your Application to continue to function with the API and the Buffer Service.

3.4 Buffer reserves the right to modify, suspend or discontinue the API and the Buffer Service at any time without notice or liability to You.

3.5 You agree to provide Buffer with access to Your Application and other materials related to Your use of the API as reasonably requested by Buffer in order for Buffer to verify Your compliance with these Terms. You agree that we may survey Your Application and You will not block or interfere with such efforts.

3.6 Buffer has no obligation to provide users or end users of Your Application with support, software upgrades, enhancements or modifications to the API. You acknowledge and agree that You are solely responsible for providing user and end-user support and any other technical assistance for Your Application.

4. License Grants

4.1 Permissions
You represent and warrant to Buffer that You have obtained all necessary rights, permissions and licenses, if any, in content, material, data, or code appearing, used, stored, recorded or displayed in or using any of the Applications and that the Applications will be in full compliance with all terms of applicable platform requirements (e.g., terms imposed by Apple and Google on developers and parties utilizing their respective technology platforms, marketplaces, etc.).

4.2 Application Restrictions

You agree that You will not, and Your Contractors will not, directly or indirectly:

a) modify, adapt, translate, decompile, disassemble, reverse engineer, reverse assemble, analyze or otherwise examine, prepare derivative works of, modify, or attempt to derive source code from the Buffer Service or API;
b) include any viruses, worms, Trojan horses or any other harmful code that could, in Buffer’s sole discretion, affect the Buffer Service or API;
c) copy, distribute, reproduce, sell, resell, lend, lease, rent, use, or allow access to the Buffer Service or API Materials except as explicitly permitted under these Terms;
d) use any content available through the API to populate any other sites, applications or services or to create a service substantially similar to the Buffer Service;
e) interfere or attempt to interfere in any manner with the proper functioning of the Buffer Service or API;
f) use the Buffer Service or API for any illegal or unauthorized purpose, including the unlawful distribution of the API Materials or the infringement, violation or misappropriation of any third party’s Intellectual Property Rights or other proprietary rights;
g) remove, obscure, or alter any notice of patent, copyright, trademark or other proprietary right appearing on the Buffer Service or in any API Material;
h) access any undocumented feature of the API, or use any documented feature of the API other than for its intended purpose;
i) attempt to conceal Your personal identity or Your Application’s identity when requesting authorization to use the API;
j) knowingly use the Buffer Service or API in a manner that adversely impacts the stability of Buffer’s servers or the Buffer Service or adversely impacts the performance of the Buffer Service or API for other clients or applications using the Buffer Service or API, in Buffer’s sole determination;
k) use the API in such a way that knowingly harms, misuses, or brings into disrepute the Buffer Service or Buffer’s brands, trademarks, logos or names;
l) exceed the amount of bandwidth, storage or processing power as determined by Buffer in its sole discretion or use the API in a manner that exceeds any quota limitations as set by Buffer in its sole discretion;
m) include content or materials (text, graphics, images, photographs, video, sounds, etc.) in Your Application that comprise, constitute or depict any of the following: (i) profanity, nudity, pornographic or obscene images or explicit sexual themes; (ii) defamatory, libelous, racist or discriminatory statements; (iii) material that is unnecessarily violent or dangerous to use; or (iv) material that is illegal or objectionable;
n) conduct any benchmark or stress tests, cause or permit automated queries on the API, or publish any performance data relating to the API or the Buffer Service.

4.3 License to Buffer
You hereby grant to Buffer and Buffer’s Affiliates a non-exclusive, royalty-free, worldwide license during the Term under all of Your Intellectual Property Rights, to use, reproduce, display, and execute all of Your Applications for (i) internal review and the development and testing of the API; and (ii) demonstrations of such API, its capabilities or functionalities, to third parties. Further, Buffer and its Affiliates may display in any media whatsoever Your name, the name of the Applications and any marks or logos associated with the Applications for purposes of marketing and promoting Your Application and the products and services of Buffer and its Affiliates.

5. Provision of API

5.1 The licenses to the Software granted to You hereunder are solely for the limited purposes set forth in Section 2 (License Grants). The Software, including, without limitation, the Documentation, shall not be used for any other purpose or use.

5.2 Except as expressly permitted in Section 2, You must not, and must ensure that Your Contractors do not, reproduce, distribute, publicly perform, publicly display or create derivative works of or based on the Software, or disclose, rent, lease, loan, provide or otherwise transfer, in any manner, to any third party the Software, Documentation or any portion thereof.

5.3 Excepting any portions of the Software provided to You in source code format, and excepting any third party code distributed with the Software that is licensed under contrary terms, You will not reverse engineer, disassemble, decompile, or translate the Software or any portion thereof, or otherwise attempt to derive the source code version of the Software, except if and to the extent expressly permitted under any applicable law. If applicable law expressly permits such activities, any information so discovered or derived shall be deemed to be the confidential proprietary information of Buffer and must be promptly disclosed by You to Buffer.

5.4 You must not, and must ensure that Your Contractors do not, access or use for any purpose any API other than such APIs as are expressly described in the Documentation.

5.5 You must not, and must ensure that Your Contractors do not, use the Software to create or develop any developer tools (including without limitation plug-ins and middleware) or any software other than end-user targeted Applications.

5.6 You must not, and must ensure that Your Contractors do not, use any part of the API and Buffer Service to do anything which degrades or otherwise negatively impacts Buffer’s product or services.

5.7 You must not, and You must ensure that Your Contractors do not subject any portion of the API Materials, Software, or any Buffer intellectual property right to the terms of any “open source” license, including a license that requires, as a condition of use, modification, or distribution of technology subject to such license, that such technology or other technology combined or distributed with such technology: (a) be disclosed or distributed in source code form; (b) be licensed for the purpose of making derivative works; or (c) be redistributable at no charge.

6. Feedback

You agree to report promptly to Buffer all bugs You or Your Contractor encounter with the API or Software, along with Your logs, steps to reproduce such bugs, and experiences regarding the performance and use of the Buffer Service. All data, feedback and other information related to or in connection with the API however learned and by whomever collected or provided (collectively, “API Performance Data”), are, as between Buffer and You, the confidential and proprietary information of Buffer and subject to Section 8 (Confidentiality). API Performance Data may be used by Buffer for any purpose without payment or attribution to You.

7. Privacy; Data Collection and Use

7.1 Data, Non-Interference and Right to Use
You understand that the API may collect and send certain data to Buffer (hereinafter “Data”). You understand and agree that You, and entities working on Your behalf, will not alter, surveil, intercept, inhibit, direct, or otherwise interfere with the transmission of Data to Buffer and its Affiliates in connection with the API. You further agree that You and those working on Your behalf, will not directly access any Data that is stored in a private data store by the API Materials on an end user’s device, apart from any access provided by Buffer. You agree that Buffer may use the Data: (a) to provide the API and the Buffer Service to You and Your end users, (b) to improve, optimize, troubleshoot, and create bug fixes for the API, and (c) for Buffer’s business purposes, including without limitation (i) facilitating the provision of new products, updates, enhancements and other services, (ii) improving the Buffer Service, and (iii) providing new products, services or technologies to You, Your end users, and customers of Buffer and its Affiliates. Buffer will make commercially reasonable efforts to cooperate with You so that you can satisfy any obligations you may have to Your end users under applicable data privacy laws concerning access, correction and deletion rights.

7.2 Privacy Compliance
You represent and warrant that the use and distribution of each Application and Your Privacy Policy(ies) comply, at a minimum, with all applicable laws, rules or regulations, in each jurisdiction in which the Application is distributed (collectively, “Laws and Regulations”) including, without limitation, ensuring that the Application does not violate or infringe any privacy, data protection, information security or other similar legal rights of Application end users. You will be solely responsible for ensuring Your compliance with the Application’s Privacy Policy, and that use of the Application, and the terms related to use of the Application by end users, do not conflict with and are not inconsistent with applicable Laws and Regulations.

8. Confidentiality

You hereby acknowledge and agree that the API Materials, API Performance Data and all related information, are confidential and proprietary to Buffer. Except as expressly permitted in these Terms, You will not, and will ensure that Your Contractors do not, disclose, or permit the disclosure of, any confidential or proprietary information of Buffer in any form or any information relating thereto to any third party without Buffer’s prior written permission. You may not use any Buffer confidential or proprietary information for any purpose except to the extent expressly permitted in these Terms. You further acknowledge and agree that any unauthorized use or disclosure of the API Materials and such other Buffer confidential or proprietary information may cause irreparable harm and significant injury to Buffer that would be difficult to ascertain or quantify. Accordingly, You agree that Buffer will have the right without posting bond or proof of future damages to seek and obtain injunctive or other equitable relief to enforce the terms of these Terms and without limiting any other rights or remedies that Buffer may have.

9. Disclaimer of Warranties; Limitation of Liability.

9.1 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE ON BEHALF OF YOURSELF AND YOUR CONTRACTORS THAT THE USE OF THE API MATERIALS AND BUFFER SERVICE (COLLECTIVELY, THE “SOLUTION”) IS AT YOUR SOLE RISK. THE API AND BUFFER SERVICE AND TECHNICAL SUPPORT, IF ANY, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BUFFER, ITS SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BUFFER AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE API AND BUFFER SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE API AND BUFFER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE API AND BUFFER SERVICE WILL BE CORRECTED.

9.2 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL BUFFER, ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO THESE TERMS OR ANY DOWNLOAD, INSTALLATION OR USE OF, OR INABILITY TO USE, THE API AND BUFFER SERVICE, EVEN IF BUFFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUFFER’S CUMULATIVE LIABILITY ARISING FROM THE SERVICES, PRODUCTS AND SOFTWARE PROVIDED HEREUNDER, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, CONTRIBUTION, OR OTHERWISE, WILL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER LAW, BUT NOT TO EXCEED $100 USD. YOU HEREBY RELEASE BUFFER, ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. ALL CLAIMS BY YOU, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, MUST BE BROUGHT WITHIN TWO YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUES. THIS LIMITATION OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. This provision applies notwithstanding any contrary provision in these Terms.

10. Indemnity

You agree to indemnify and hold harmless Buffer, its Affiliates and licensors, and each of their respective officers, directors, employees, agents and successors and assigns (each, a “Buffer Indemnitee”), from and against any and all claims, actions, suits, demands, causes of action, losses, liabilities, damages, costs and expenses, incurred or otherwise suffered by each Buffer Indemnitee (including but not limited to costs of defense, investigation and reasonable attorneys’ fees) arising out of, resulting from or related to (i) the download, installation, duplication, storage, execution, display, performance, making of derivative works, use or distribution or transfer of any Application or related documentation or any content or materials or derivative works or products used by or in the Applications by any person or entity (except and solely to the extent such infringement is directly caused solely by the unmodified API Materials, or portions thereof, as supplied to You by Buffer under these Terms); (ii) any breach of these Terms, including in particular any breach of Section 4.3 or Section 7, by You or Your Contractors; and/or (iii) any use, reproduction or distribution of the API Materials, as modified or integrated by You, or by Your Contractor on Your behalf, which causes an infringement of any patent, copyright, trademark, trade secret, or other intellectual property, publicity or privacy right of any third parties arising in any jurisdiction anywhere in the world (except and solely to the extent such infringement is directly caused solely by the unmodified API Materials, or portions thereof, as supplied to You by Buffer under these Terms). If and as requested by Buffer, You agree to defend, at Your cost, each Buffer Indemnitee in connection with any third party claims, demands, or causes of action resulting from, arising out of or in connection with any of the foregoing; provided that You will not settle any claim, action or suit without the prior written consent of Buffer. Buffer HAS NO OBLIGATION TO DEFEND, INDEMNIFY OR HOLD YOU OR YOUR CONTRACTORS HARMLESS UNDER THESE TERMS.

11. Use of Name and Trademarks

The API Materials may embed the trade names, trademarks, service marks, logos domain names and other distinctive brand features of Buffer, its Affiliates or third parties (“Marks”). When such attribution is embedded, such as a “powered by” logo included in the user interface or when otherwise required by Buffer, You must, and You will ensure that Your Contractors, display it as provided or otherwise described in the API Materials or other instructions provided by Buffer and may not delete or in any manner alter these Marks. Except as set forth in the preceding sentence, You will not, and will ensure that Your Contractors do not, display or make any use of Buffer or its Affiliates’ names, marks or logos in connection with the Application without the prior written approval of Buffer. All permitted uses of the Marks must be in accordance with Buffer’s trademark usage guidelines (as may be updated from time to time by Buffer), available from Buffer upon written request. You will not, and You will ensure that Your Contractors do not, display the Marks in any manner that falsely expresses or implies that the Application or any content transmitted via the Application is sponsored or endorsed by Buffer. Buffer has the right to monitor the quality of all of Your Applications and has the right to take all action that it deems necessary to ensure that Your activities under and uses of the Marks are consistent with the reputation for quality and prestige of products bearing and service performed under the Marks.

12. Term and Termination; Survival.

12.1 Term and Termination
These Terms will be effective upon acceptance by You and will continue until terminated as provided herein (the “Term”). You may terminate the Agreement at any time by deleting and destroying all copies of the API Materials, API Performance Data and all related information in You or Your Contractor’s possession or control. The licenses granted to You by Buffer will terminate immediately and automatically, with or without notice, if You or Your Contractor fail to comply with any provision hereof. Additionally, Buffer may at any time terminate these Terms, either with or without cause, upon notice to You.

12.2 Survival
Sections 1 (Defined Terms); 2.7 (Retention of Rights); 5.7 (Feedback); 7 (Privacy; Data Collection and Use); 8 (Confidentiality); 9 (Disclaimer of Warranties; Limitation of Liability); 10 (Indemnity); 12.1 (Term and Termination); 12.2 (Survival); and 13 (Governing Law; Venue) through 19 (Miscellaneous) will survive the termination of these Terms.

13. Governing Law; Venue

These Terms is governed by and interpreted in accordance with the laws of the state of California, United States of America, without giving effect to its conflict of laws provisions. Except as set forth in Section 15 (Dispute Resolution), any claim, lawsuit or proceeding arising out of or related to these Terms must be brought exclusively in the state or federal courts of San Francisco, California and You hereby consent to the exclusive jurisdiction and venue of such courts.

14. Severability

If any provision (or portion of a provision) of these Terms will be held to be illegal, invalid, or unenforceable, the legality, enforceability or validity of the remaining provisions (or portion of the applicable provision) of these Terms will not be affected.

15. Arbitration

Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, any dispute as to the interpretation, enforcement, breach, or termination of these Terms will be settled by binding arbitration in San Francisco, California, under the Rules of the American Arbitration Association by three arbitrators appointed in accordance with the Rules. If there is a conflict between the Rules and the terms of these Terms, the terms of these Terms will prevail. All other disputes will be resolved by a court specified in Section 13. Judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The prevailing party will be entitled to receive from the other party its attorneys’ fees and costs incurred in connection with any arbitration.

16. Export Compliance Assurances

You acknowledge that all API Material obtained from Buffer and Your Applications are subject to the US government export control and economic sanctions. You represent and warrant that You, Your Contractors and Your Affiliates will not directly or indirectly export, re-export, transfer or release any Application to any destination, person, entity or end use prohibited or restricted under US laws without respective prior US government authorization to the extent required by applicable regulation.

17. Compliance with Laws

You will, and will ensure that Your Contractors will, abide by all applicable local, state, national, and foreign laws, treaties and regulations in connection with Application(s) and Your use of the API.

18. No Third Party Rights

The parties agree and confirm their mutual intention that neither these Terms nor any of the terms of these Terms will be enforceable by any person or entity not a direct party to it. Notwithstanding that any term of these Terms may be or may become enforceable by a person who is not a party to these Terms, the terms and conditions of these Terms may be modified or amended, or these Terms may be suspended, cancelled, rescinded or terminated by the parties as provided in Section 19.3 without the consent of any such third party.

19. Miscellaneous.

19.1 Entire Agreement
These Terms constitute the entire and exclusive agreement between Buffer and You with respect to the API, the API Materials, and the Buffer Service and supersedes all prior agreements (whether written or oral) and other communications between Buffer and You with respect to the API Materials.

19.2 No Assignment
You will not, and will ensure that Your Contractors do not, delegate, transfer or assign these Terms or any of the rights, duties or obligations hereunder (whether voluntarily, by operation of law, or otherwise) without Buffer’s prior written consent. Any attempted assignment, transfer or other delegation without such consent will be null and void and will constitute a material breach. Buffer may assign this agreement at any time without obtaining Your consent. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their permitted successors, transferees, and assignees.

19.3 Amendement
Except to the extent that Buffer is expressly precluded by applicable law, Buffer further reserves the right to make changes to these Terms by providing You with reasonable notice of the changes (e.g., which notice may be sent to You via e-mail at the address You provided during registration or posted on the Buffer developer website). You will be responsible for reviewing and becoming familiar with any and all such changes. If You or Your Contractors continue to use any portion of the API and Buffer Service after notice of any changes has been provided or posted, You will be deemed to have accepted any and all such changes.

19.4 Interpretation
The headings appearing at the beginning of the Articles and Sections contained in these Terms have been inserted for identification and reference purposes only and must not be used to construe or interpret these Terms. Whenever required by context, a singular number will include the plural, the plural number will include the singular, and the gender of any pronoun will include all genders. Any reference to any agreement, document, or instrument will mean such agreement, document, or instrument as amended or modified and in effect from time to time in accordance with the terms thereof. Whenever the words “include,” “includes,” or “including” are used in these Terms, they will be deemed to be followed by the words “without limitation.” Whenever the words “hereunder,” “hereof,” “hereto,” and words of similar import are used in these Terms, they will be deemed references to these Terms as a whole and not to any particular Article, Section or other provision hereof. The word “or” is used in the inclusive sense of “and/or.” The terms “or,” “any” and “either” are not exclusive.

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