Hey there - Terms of service

Effective date: 24th October 2022

Welcome to Bounce Technologies Limited’s (“Bounce”) terms of service. We are registered in England under company number 10805448 (“Bounce,” “We”, “Our” and “Us”). Please read on to learn the rules and restrictions that govern Your use of our website(s), products, services and applications (the “Services”). If You have any questions, comments, concerns or suggestions of how We can improve these Terms or the Service, please email us at hello@bouncebot.io, or write to Bounce Technologies Limited, Office 5-5, Platf9rm Nine, Floor 5, Tower Point, 44 North Road, Brighton, BN1 1YR.

These terms of service (the “Terms”) and any Order Forms are a binding contract (“Contract”) between the Customer (“Customer”, “You” and “Your”) and Bounce. Please read the Terms and make sure that you understand and agree to their content before using Our Services, as We will be unable to provide You with Our Services if You do not agree to and accept all of the Terms in this document and Hey there’s Privacy Policy (https://github.com/bouncetechnologies/heythere-privacy-policy/). These Terms apply to Your use of Bounce’s Hey there Services and any other Services We may provide, including any updates to Our Services, unless We provide you with separate terms, in which case those terms apply.

1. The Customer

The Customer is the organisation, entity or company that you represent in agreeing to the Contract. You agree that you have the authority to bind the entity, organisation or company you represent to these Terms. If your use of the Services is not formally affiliated with an organisation, entity or company, the Customer is the individual using the Services. If you signed up for a plan using your corporate email domain, your organisation is the Customer, and the Customer can modify and re-assign roles of using the Services (including your role) and otherwise exercise its rights under the Terms. If the Customer elects to replace you as the representative with ultimate authority over the Services, We will provide you with notice following such election and you agree to take any action reasonably requested by Us or the Customer to facilitate the transfer of authority to a new representative of the Customer. Please make sure you have the necessary authority to enter into the Contract on behalf of the Customer before proceeding.

IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO, AND MUST NOT, USE OUR SERVICES.

2. Accounts and Registrations

To access the Services, 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 name, email address, company name 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 please reset or change your password in the Settings Page or by signing out and using the Forgot your password? If you require support with changing your password feel free to contact us on support@bouncebot.io.

3. Authorised User

An individual authorised by the Customer to access the Services is an “Authorised User”. It is the Customer’s responsibility to ensure Authorised Users are informed of and adhere to the relevant policies and practices that are relevant to their use of the Services, including Hey there’s Privacy Policy (https://github.com/bouncetechnologies/heythere-privacy-policy/). For the purposes of these Terms, a reference to the Customer shall include any of the Customer's Authorised Users. An Authorised User must: (a) be at least 18 years; (b) not have previously been suspended or removed from the Services; and (c) use the Services in compliance with any and all applicable laws and regulations.

4. Ordering Subscriptions

A subscription allows an Authorised User to access the Services. A subscription is required for each Authorised User. A subscription may be procured through a User signing up to the Service through the Services interface, or in some cases, via an order form entered into between the Customer and Us. Subscriptions commence when We make the Services available to the customers. Subscriptions continue for the terms specified in the Service’s “check-out” interface or in the Order Form, as applicable. Each subscription is for a single Authorised User for a specified term and is personal to that Authorised User.

5. Payment Terms

For Customers that purchase our Services, fees are specified at the Service’s interface “check-out” and in the Order Form(s) and must be at the end of each billing period. Payment obligations are non-cancelable and, except as expressly stated in the Contract, fees paid are non-refundable. For clarity, in the event, the Customer downgrade any subscription, the Customer shall remain responsible for any unpaid fees under the paid plan, and Service under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscriptions terms. If We agree to invoice the Customer by email, full payment must be received within two weeks (14 days) from the date the email is received. The Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, the Customer will reimburse Us for such withholding tax.

6. Downgrade for Non-Payment

If any fees owed to Us by the Customer (excluding amounts disputed reasonably and in good faith) are thirty (30) days more overdue, We may, without prejudice or limitation to Our other right and remedies, limit access to the Services until those amounts are paid in full, so long as We have given Customer ten (10) or more days prior notice that its account is overdue. Customer acknowledges and agrees that this downgrade will result in a decrease in the Services and potential loss in their access to their data.

7. Contract Terms

The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated, or the Contract itself terminates. Termination of the Contract will terminate all related subscriptions and Order Forms.

8. Auto-Renewal

Unless an Order Form says something different:

1. all subscriptions automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal Order Form) for additional periods equal to one (1) year or the preceding term, whichever is shorter; and
2. the per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term, excluding any discounts and offers applied,

Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing.

9. Termination

If We believe that You are making unauthorised use of the Services or that You are in violation of these Terms, We reserve the right to suspend or terminate Your access to the Services with or without notice. This will result in Your personal data being deleted or no longer being accessible. We may terminate the Services immediately if We reasonably believe that the Services are being used by Customer and/or its Authorised Users in violation of applicable law. The Customer is responsible for its Authorised Users, including for any breaches of this Contract caused by the acts or omissions of its Authorised Users.

10. Use

You and Your Authorised Users may:

1. Use the Services provided by Bounce’s Hey there for the sole purpose of interacting with the Services provided by Us. We reserve all other rights.
2. Only use the Services in a way permitted by these Terms and any applicable law, regulation, government order or decree.

11. Restrictions

You and Your Authorised Users may not:

1. Work around any technical limitations of the Services;
2. Modify, reverse engineer or otherwise alter the Services (except to the extent this is authorised and required by applicable law notwithstanding this limitation);
3. Use the Services to:
   1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
   2. Engage in activity that is false or misleading or that is harmful to you, others (including children), or the Services (e.g. transmitting viruses, communicating hate speech, or advocating violence against others);
   3. share inappropriate content, advertising, spam, spyware or malware;
   4. gain (or attempt to gain) unauthorised access to any service, data, account or network by any means; and/or
   5. In any way cause harm or loss to Bounce
4. Infringe upon the rights of others (including individuals, corporations and unincorporated bodies or associations that are recognised at law (whether or not having separate legal personality and irrespective of their jurisdiction or origin, incorporate or residence);
5. Use the Services anywhere other than the platform where We have made it available, unless We have enabled such uses;
6. Remove, modify, or tamper with any notice or link that is incorporated into the Services.

12. Your content

You grant to Us the right to use any content that You submit via the Services as necessary for Us to provide the service to You.

13. Aggregated data

“Aggregated Data” means the aggregated, anonymised and de-identified data. The Customer grants Us a non-exclusive, transferable, assignable, irrevocable, royalty-free, worldwide, perpetual license to create Aggregated Data and to use such Aggregated Data, and all modifications thereto and derivatives thereof, for any purpose, including, without limitation, to improve the Service, develop new products and services and understand usage. We shall own all Aggregated Data and may transfer or assign any of its rights in the Aggregated Data to any third party.

14. Change in terms

We may change these Terms and other components of the Contract. If We make a material change to the Contract, We will provide Customer with reasonable notice prior to the change taking effect by emailing the email address associated with the Customer’s account.

15. Applicable law

These Terms are governed by English law, and you can bring legal proceedings in respect of the Services in English courts.

16. Legal effect

This Contract sets out the entire agreement between the Customer and Bounce including Your rights to the extent permitted by applicable law.

17. Privacy

We take the privacy of our Customers and Authorised Users very seriously. For the current version of Our Privacy Policy, please visit https://github.com/bouncetechnologies/heythere-privacy-policy/. If you have any questions or concerns, or feel We can improve our Privacy or Terms, please send us an email at support@bouncebot.io.

18. Limitation on and exclusion of remedies and damages

1. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from Us only direct damages up to the amount you paid for the Services, or £100, whichever is greater. You waive any right to and will not seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from Us. If Your local laws impose a warranty, guarantee or condition even though these Terms do not, its duration is limited to 90 days from when You begin using the Services.
2. This limitation applies to:
   1. Anything related to the Services made available; and
   2. Claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law.
3. This limitation applies even if:
   1. This remedy doesn’t fully compensate you for any losses; or
   2. We knew or should have known about the possibility of the damages

19. Copyright

Copyright © 2022 Bounce Technologies Limited. Subject to the express provisions of these Terms:

1. We, together with Our licensors, own and control all the copyright and intellectual property rights of the Services; and
2. all the copyright and other intellectual property rights of the Services and their content are reserved.

20. Limited warranties

1. We do not warrant or represent:
   1. the completeness or accuracy of the information published on the Services;
   2. that the material on the Services is up to date; or
   3. that the Services will remain available.
2. We try to keep Services up, bug-free, and safe, but you use them at your own risk. We do not guarantee that the Services will always be safe, secure or error-free, or that the Services will always function without disruptions, delays or imperfections.