TERMS AND CONDITIONS
Welcome to Bonda! This document (the “Terms,” "Terms of Use") outlines your rights and responsibilities when using our website, services, and software platform (collectively, the "Services") and constitutes a legal agreement between you and Cultivate Connection Inc., and its related entities and affiliates (collectively, “Bonda,” “we,” or “us”)
AGE REQUIREMENTS:
In accordance with applicable law, the Bonda services are not designed for and should not be utilized by anyone under the age of eighteen (18) or anyone below the age of majority as prescribed by the data protection laws and regulations applicable in your jurisdiction, whichever is higher. By engaging with our services, you hereby affirm that you are above the legally required age and are the intended recipient of an invitation to use Bonda's services. Access to or use of Bonda's services is strictly prohibited if you cannot truthfully affirm the above statements.
Further, it is a fundamental requirement that you must be of legal working age. This extends to all our services without limitation. Any use of Bonda's services contrary to these stipulations is unauthorized and constitutes a breach of our terms and conditions.
SERVICE PROVISION
The Services are offered by Bonda, and their provision is governed by these Terms. We hold the right to discontinue or alter the Services or their respective features at our discretion, without prior notification. Usage of the Services necessitates compatible devices, internet access (for which fees may be applicable), and specific software (fees may also apply), in addition to periodic updates or upgrades. Faulty hardware, software, or internet connection may hinder your ability to utilize the Services effectively. We recommend the use of a high-speed internet connection for optimal service experience. Consequently, you acknowledge and agree to assume responsibility for these system requirements, which are subject to change at any time.
REGISTRATION AND ACCOUNT SECURITY
To access our Services, registration is mandatory. During the registration process, you will be required to provide personal information. You bear full responsibility for the accuracy and truthfulness of this information. You are solely responsible for the security of your username and password, and you agree to keep these credentials confidential and not disclose them to any third party. The safety of your account is your responsibility. Any unauthorized access or breach should be immediately reported to Bonda.
ASSUMPTION OF CONTROL
A “Client” refers to the organization you represent in conforming to the Agreement. If your Company Account has been created by an individual who is not associated with an organization, that individual is the Client of the account. For example, if you created an account using a personal email address and invited friends or family to play any of our activities, you are the Client. (Notice: There can only be one client)
If you create an account with your organization's email, your organization will become the Client; The Client authorizes individuals part of the organization to access the Services ( "Authorized Users" or "Users" or "Participants") these may submit, share or create content or information ("User Content"). By creating an account using an Organization's domain, you represent that you are authorized to sign up in that capacity.
BETA PROGRAM
BETA PROGRAM
During the period of the Beta Program, users may be granted access to pre-release versions of our services (" Beta Services"). It is crucial to understand that these Beta Services are in a developmental stage, potentially undergoing various testing and evaluation processes. Consequently, their functional capability and reliability may not be equivalent to our commercially released services. Participation in the Beta Program entails the understanding and acceptance that the Beta Services may be subject to inconsistent performance and stability.
BETA USERS
Bonda features are in beta, which means they may not be ready for market release. "Beta users" are individuals who help us test our services. As the primary reason for a beta program is to resolve issues before rolling out any new feature to the general public, we encourage Beta users should report any flaws they encounter with our beta product and provide feedback. We cannot guarantee that the Service will meet your requirements, that it will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
When you participate in or create a Bonda activity session, you are engaging with our services. Any sessions you join or activities you create should be for your internal business use or personal use. Please note that these sessions and activities are bound by the participant limit specified in the activity description, which is at Bonda's discretion.
If your usage needs go beyond the scope of this agreement, a separate agreement will be required. For access to our services that is outside this scope, please contact us at hello@Bonda.ai. We're more than willing to facilitate a discussion and find a solution that best serves your needs.
USERS FEEDBACK
In connection with the Service, we invite you to provide feedback and suggestions about the Service, including ideas on how to improve the Service or our products ("Feedback"). When you submit Feedback to Bonda, you acknowledge and agree that you are granting us a non-exclusive, worldwide, royalty-free, irrevocable license to use, display, perform, distribute, translate, and reproduce the Feedback in any manner and for any purpose, including enhancing and improving the Service.
Please understand that Bonda is not required to compensate you for your Feedback in any way. By providing Feedback, you are doing so voluntarily and without expectation of any compensation or acknowledgement. Furthermore, you agree that Bonda is under no obligation to use or act upon your Feedback and may use similar ideas that may have been previously used by Bonda, developed by its employees, or obtained from other sources.
It's important to clarify that by submitting Feedback, you are waiving any and all rights to claim intellectual property rights or seek any form of compensation or benefits from improvements or modifications to the Service that arise from your Feedback. This includes any right to attribution or any other moral rights in your Feedback. We are free to use your Feedback without any further consent from you or payments to you and we can disclose it to others at our discretion.
PAYMENT PROCESSING AND TAXES
Bonda utilizes Stripe as its payment processing service. By using Bonda and making payments through the platform, you acknowledge and agree to be bound by Stripe's terms and conditions.
Unless otherwise specified, all fees we state exclude any applicable taxes, levies, or duties imposed by any governmental taxing authorities. You bear sole responsibility for settling these additional charges.
FREE TRIAL PERIOD
We offer our services for a free trial period of 30 days, on an "as-is" basis, without any form of guarantee, representation, or indemnification. We encourage you to use this period to understand if our services meet your requirements.
AUTO-RENEWAL
Your Bonda subscription will automatically renew based on the number of active users in your company account at the time of renewal, with a minimum charge for 10 users. Even if you have fewer than 10 active users, you will be charged for 10 users. If you have more than 10 active users, your cost will correspond to the then-prevailing fees per user, multiplied by the number of active users in your account at the time of renewal.
To prevent automatic renewal, you must take action to cancel your subscription. You can manage this through your subscription page, located at the rightmost section of your dashboard menu. Actions must be completed prior to the expiry of your current subscription term. In collaboration with our payment partner, Stripe, an automated reminder email will be dispatched 7 days prior to your subscription renewal date. This courtesy service allows you ample time to make necessary adjustments or to continue with the current arrangement.
TERMINATION OF BONDA ACCOUNT
Should you decide to terminate your Bonda Account, you can do so by sending an email to helo@bonda.com with the subject line "Requesting Deletion of [Insert Company Name] Bonda Account". This email should originate from the address associated with your account. Upon receiving your request, it may take up to 30 days to delete your account and any associated data.
USER-GENERATED CONTENT
User-Generated Content (UGC) is defined as any content, material, data, and information that you create, upload to, or transmit through our Service, or that is extracted from your profile on Third Party Services, including, but not limited to, text, GIFs, images, stories, photos, music, audio, video, drawings, sketches, and game questions. In the course of using the Services, you are solely responsible for any content you submit, display, or upload ("User-Generated Content"). Under no circumstances should you use Bonda to communicate any message or post UC that threatens an individual or group, promotes suicide or self-harm, is offensive, false, threatening, sexually suggestive, or discriminatory, infringing the intellectual property rights of other Participants, facilitates criminal or otherwise illegal activity which is punishable by law, under any applicable law or regulation. Further, you are prohibited from uploading or transmitting any software, content created by other users, or third-party content or code that may damage, disable, destroy or adversely affect the performance of our services in any way or which is intended to damage or extract information or data from our users, third-party partners, hardware, software or networks of Bonda.
By using the Service, you represent and warrant that: (a) the UGC you post on, through or in connection with the Service is yours, or you otherwise have the right to grant the license set forth in this Section; (b) your posting of UGC through, on, or in connection with the Service doesn't violate any privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights. You are entirely responsible for paying any royalties, fees, or other payments that are owed to any person or entity as a result of UC posted on the Service by you.
By using Bonda, you automatically agree to comply with all applicable laws and regulations, including anti-spam legislation, export restrictions, and privacy protection, as well as laws and regulations related to video and audio recording, for which you alone are responsible.
You are liable for the content of others. You accept and understand that Bonda is not legally responsible for the conduct of any Client or Participant when you use our services, you may be exposed or have access to content created or provided by other users of the Services. Other Users may violate one or more of the prohibitions in these terms. Any such violation will not be our responsibility or liability.
TERMINATION OF THE SERVICE
We will continue to provide the Services to you until either the Client's subscription expires or terminates, the "User" account is deleted or disabled, or we terminate your access to the Services.
By accessing and using the Website or Services, you authorize us to monitor your compliance with these Terms and the Privacy Policy. The Company may, in its sole discretion, refuse to accept your registration or subscription due to non-compliance with any eligibility or subscription requirement. You also agree to these Terms of Use and authorize us to monitor your organization account. Bonda reserves the right to investigate any or all actions related to your Bonda account, and you agree to cooperate with any investigation Bonda may need to conduct
Service changes. We reserve the right to modify, suspend, or discontinue our Services (or any part thereof) at any time, for any reason, including if, in our sole judgment, you violate any of the provisions of this Agreement, without notice and without any liability to you or any third-party for any claims, damages, costs, or losses resulting therefrom.
We reserve the right to investigate and take any necessary action against anyone who, at the discretion of the Company, is suspected of violating this Section, including, but not limited to, referring the matter to law enforcement authorities. Service usage is forbidden in places where it is prohibited. Any User Content that violates this provision is not our responsibility, Bonda may delete such UC without notice upon becoming aware of it, at any time.
Please contact us via email at privacy@bonda.ai if you believe that any UGC violates these terms.
USER DATA RESPONSABILITY
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property, and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
GOVERNING LAW
Subject to conflict of law principles, these Terms and your use of the Website and Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. You agree that any action or proceeding arising out of or in connection with the Agreement shall be brought only in the Chancery Court of the State of Delaware (the “Delaware Court”), and not in any other state or federal court in the United States of America or any court in any other country
DISPUTE RESOLUTION.
We will not get involved in legal disputes between Users and Clients or between Users and third parties. Bonda is not responsible for and has no obligation to resolve, any disagreement between you and any third party. This limits your legal rights, including your right to file a lawsuit in court. You waive your right to trial by jury and your right to participate in a class action proceeding.
NO WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING INCLUDED WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ELIGIBILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE NOT DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OBTAINED THROUGH THE SERVICE OR THAT ERRORS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. WE WILL NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
INDEMNIFICATION
You hereby release and hold the company its affiliates, officers, directors, employees, consultants, agents, suppliers, and resellers harmless from any claim, dispute, demand, or cause of action that you have or may have arising out from your use of the services, your violation of these terms or the infringement or violation by you or any other user of your account, or in any way connected with the services.
DATA PRIVACY
Your data privacy and security are important to us. By using our Services, you agree to be bound by our Privacy Policy. Please be advised the Site and Services is hosted in the United States. If you access the Site and Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site and Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States
Your data privacy and security are important to us. By using our Services, you agree to be bound by our Privacy Policy which may be found at this website and which is incorporated into these Terms by this reference. The services are hosted in the United States. If you access Bonda from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site and Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, SUPPLIERS, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY, ITS AFFILIATES, SUPPLIERS, OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, Bonda WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO OUR SERVICES. WE HAVE NO CONTROL OVER, AND ASSUME NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES OR SERVICES. IN ANY CASE, BONDA'S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.