IMPORTANT – READ CAREFULLY:

 

These Conditions of Use (“COU”) establish a legal agreement between you and Bounce Tech LLC (“Bounce”) for your use of (i) the Bounce mobile and web applications coupled with integrations with Payment Processors (as defined below) and other similar payments and SMS providers (collectively, as currently available and as updated and modified in the future with additional functionalities, the “Platform”), (ii) the Bounce websites including www.hellobounce.com and others made available to you from time to time, (the “Websites”) and (iii) any associated software, media, printed materials, online or electronic documentation, and Internet-based services (collectively, with the Platform and the Websites, the “Bounce Services”). YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS COU BY USING THE BOUNCE SERVICES. IF YOU DO NOT AGREE TO ANY TERM OR CONDITION IN THIS COU, DO NOT USE THE BOUNCE SERVICES. If you are a child care provider utilizing the Bounce Services for your child care business, you will be referred to in this COU as a “CCP”. The provisions that apply to a CCP will only be binding on a CCP and will not be binding on you if you are not a CCP. All provisions of this COU will be binding on a CPP.

 

  1. Bounce Services Protection and License Only.

The Bounce Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Bounce Services are licensed to you for use only in accordance with the terms and conditions of this COU, and not sold in any sense whatsoever. Bounce and its affiliates, suppliers, or vendors, as applicable, shall retain title and all ownership rights to the Bounce Services, and this COU shall not be construed in any manner as transferring any rights of ownership or license to the Bounce Services or to any feature or information contained therein, except the limited rights to use as specifically stated in Sections 2 and 3 below.

 

  1. Grant of License.

Bounce hereby grants you a limited, nonexclusive, non-transferrable, non-sublicensable, royalty-free license to use the Bounce Services or portions thereof, as applicable in each instance, solely for the purpose of evaluating, operating or participating in the Bounce Services (the “Purpose”).

 

  1. Use Guidelines.

You may only use the Bounce Services for your personal use or, if you are a CCP, for your internal business operations and to process information created by, originated by, and/or owned by CCP (“CCP Data”). Your use of the Bounce Services shall at all times be limited to legitimate personal (or if you are a CCP, internal business) needs and shall not result in unreasonable amounts of data usage or bandwidth consumption of the Bounce Services. In accordance with the terms of this COU, Bounce may assign identification codes (“ID”) for CCP, CCP’s authorized employees, agents or contractors, clients and customers (e.g., parents, guardians and children) (each, a “User” and collectively, “Users”) to access the Bounce Services. CCP agrees to abide by and enforce that the User ID assigned to each User will be used only by that individual and not shared with any other employee, agent, or contractor, client or customer of CCP, or any other third party. You shall not, and if you are a CCP, shall ensure that Users (and any of its other employees and agents) do not, copy any part of the Bounce Intellectual Property (defined below).  You shall not knowingly (a) permit any third parties, or non-licensed (by Bounce) organizations or individuals to use the Bounce Services; (b) sublicense, rent, or lease the Bounce Services to a third party or (c) attempt to gain unauthorized access to the Bounce Services or its related systems or networks. You shall not access, store, distribute or transmit any viruses, or any material (or use the Bounce Services in such a way) that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity or activity in violation of the applicable law or the Rules; (iii) depicts sexually explicit images; (iv) promotes unlawful violence; (v) is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity; or  (vi) or causes damage or injury to any person or property. Bounce reserves the right, without liability, to disable your access to the Bounce Services and/or terminate this COU in the event you breach this provision. CCP is responsible for all activities that occur in User accounts and for the Users’ compliance with this COU. You are responsible for all activities in your accounts in compliance with this COU. You further acknowledge and agree that at no time shall you hold title to or ownership of the Bounce Services or Bounce Intellectual Property, or be granted any other rights or license to the Bounce Services or Bounce Intellectual Property or be entitled to download, distribute, install, or otherwise redistribute the Bounce Services or Bounce Intellectual Property in any form not expressly allowed by this COU. CCP will retain responsibility for administering security assignments for CCP’s Users within the Bounce Services. CCP is responsible for maintaining its User’s access to the Bounce Services. You shall provide all connectivity and security with regard to your access to Bounce Services. Bounce shall not be responsible for the reliability, speed or continued availability of the communications lines, or the corresponding security configurations used by you in accessing the Internet to access the Bounce Services.

 

  1. Payment Processing.

One of the features of the Bounce Services is providing CCP with connectivity to a registered electronic payment transaction processing provider (the “Payment Processor”) in order for CCP to seamlessly collect payments owed to CCP by its clients via electronic methods.  All electronic payment processing services (collectively, “Payment Services”) provided through the Bounce Services are provided by the Payment Processor.  Bounce does not provide Payment Services, but facilitates CCP’s use of Payment Services provided by the Payment Processor.  Payment Processor’s obligations to provide Payment Services, and CCP’s obligations with regard to the use of the Payment Services, are set forth in in the Sub-Merchant COU. By entering into this COU with Bounce, CCP understands, acknowledges and agrees that CCP is also agreeing to be bound by the terms and conditions set forth in the Sub-Merchant COU.

 

  1. Fees and Payment Terms.

CCP shall pay Bounce the fees and other charges made available to or otherwise disclosed to CCP via email or other communication method.  Otherwise, there are no fees payable by you with regard to your use of the Bounce Services. Such fees will be paid in advance and may be collected automatically by the Payment Processor pursuant to the Sub-Merchant COU,  or may billed by Bounce to CCP.  In the event Bounce bills CCP for amounts in arrears, CCP agrees to pay such amounts within 10 days of receipt of an invoice from Bounce reflecting the amount of fees owed under this COU. If such amounts are not timely paid, the Bounce Services may be suspended without notice. All fees may be changed at any time in Bounce’s sole discretion by providing at least 30 days prior written notice of any increase, except for fees for Payment Services which may change without prior notice. Fees paid hereunder will not be refunded under any circumstances.

 

  1. Refund Policy.

Fees paid hereunder will not be refunded under any circumstances.

 

  1. Term and Termination.

This COU will continue in existence for as long as you utilize the Bounce Services.  If you are a CCP, this COU will continue in existence for the term disclosed to CCP via email or other communication method, and shall thereafter automatically renew for additional terms of the same length unless one party provides the other party written notice of its intent to terminate this COU prior to the expiration of the then-current term. If you are not a CCP, either you or Bounce may terminate this COU at any time by providing written notice to the other party.

 

  1. Confidentiality and Feedback.

You understand that the Bounce Services contain confidential, proprietary or trade secret information (together “Confidential Information”) of Bounce and/or its suppliers and shall be maintained in strictest confidentiality. You agree that the confidentiality obligations, including without limitation the following, are an essential part of this COU  and any unauthorized disclosure by you constitutes a fundamental breach to this COU. You agree to: (i) not use the Confidential Information disclosed by Bounce for any purposes other than the Purpose; (ii) protect Bounce’s Confidential Information in the same manner and with the same degree of care, but not less than a reasonable degree of care, against unauthorized use, dissemination, publication or disclosure, as you protect your own confidential or proprietary information of a like nature; (iii) limit the use, circulation of and access to Bounce’s Confidential Information to your directors, officers and employees, if any, who have a need to know in connection with the Purpose, are under binding obligations of confidentiality no less restrictive than those of this COU, and have been notified that such information is Confidential Information for the Purpose, and you shall be held liable if such persons do not adhere to such requirements; (iv) not copy any of Bounce’s Confidential Information except as reasonably required for the Purpose; (v) reproduce Bounce’s proprietary rights notices on any such authorized copies, in the same manner in which such notices were set forth in or on the original; (vi) not reverse engineer, disassemble or decompile any prototype, software or other tangible object that embody Bounce’s Confidential Information; and (vii) notify Bounce in writing immediately upon the occurrence of any unauthorized release, disclosure or other breach or upon presence of threat of such occurrence. You understand and agree that disclosure or use of the Bounce Services except as authorized above will result in irreparable harm to Bounce and/or its suppliers and that monetary damages may be inadequate to compensate Bounce and/or its suppliers for such breach. Accordingly, you agree that Bounce will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive reliefs to enforce the terms of this COU. Additionally, from time to time, you may submit to Bounce comments, questions, enhancement requests, suggestions, ideas, process descriptions or other information related to the Services (“Feedback”). You hereby grant Bounce a worldwide, perpetual, irrevocable, royalty-free license to use, share, exploit and incorporate the Feedback for any purpose without restriction, attribution or payment to you.

 

  1. Compliance With Laws.

You shall at all times while using the Bounce Services comply with applicable country, federal, state, and local laws, rules, policies, guidelines, regulations, ordinances applicable to your use of the Bounce Services, including but not limited to Children’s Online Privacy Protection Act.

 

  1. Warranty Disclaimer.

The Bounce Services are provided “AS IS” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOUNCE FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR BY ESTOPPEL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR SAMPLE, NO DEFECT IN WORKMANSHIP OR MATERIAL, LACK OF VIRUSES, AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY TO TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT WITH REGARD TO THE BOUNCE SERVICES. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE BOUNCE SERVICES AND DOCUMENTATION REMAINS WITH YOU. NO ACTIVITY, SERVICE, ADVERTISING, PACKAGING, STATEMENT OR COMMUNICATION BY BOUNCE OR ITS SUPPLIER(S) IN RELATION TO THE BOUNCE SERVICES, EVEN IF PRESENTED IN THE FORM OF A PRODUCT WARRANTY, WHETHER PRIOR TO, ON OR AFTER THE DATE OF THIS COU, SHALL BE INTERPRETED AS AN ANNULMENT, IMPAIRMENT OR MODIFICATION TO THIS DISCLAIMER.

 

  1. Exclusion of Claims. Remedies.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOUNCE AND/OR ITS SUPPLIER(S) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE BOUNCE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE BOUNCE SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE BOUNCE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS COU, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF BOUNCE AND/OR ANY OF ITS SUPPLIERS, AND EVEN IF BOUNCE AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT YOU HAVE WAIVED ALL RIGHTS TO ALL REMEDIES, WHETHER IN LAW OR IN EQUITY, EXCEPT IN THE EVENT OF A FUNDAMENTAL BREACH BY BOUNCE AND/OR ANY OF ITS SUPPLIERS, IN WHICH CASE YOU HAVE THE EXCLUSIVE AND SOLE REMEDY TO REQUEST AN UPDATED VERSION OF THE BOUNCE SERVICES, WHICH BOUNCE HAS THE SOLE DISCRETION TO DETERMINE WHETHER TO SATISFY.

 

  1. Governing Law and Dispute Settlement.

This COU shall be governed by and construed in accordance with the laws of the State of Florida. In case of any dispute arising out of or in connection with this COU, you have consented to the exclusive jurisdiction of the federal and state courts sitting in Lee County, Florida, U.S.A. You agree that Bounce shall be entitled to recover all reasonable attorney’s fees if Bounce prevails in any case or dispute arising out of or in connection with this COU.

 

  1. Privacy.

Please review our Privacy Policy, which also governs your use of Bill 360 Services, to understand our practices.

 

  1. Security

When placing orders or paying using our website or mobile application, all the required information, including your credit card number and address, is transmitted through the internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your information before transmitting it to our secure servers. SSL technology is an industry standard and is designed to prevent someone other than operators of our websites from capturing and viewing your personal information.

 

While we use industry standard means to product our application and your website, the Internet is not 100% secure. The measures we use are appropriate for the type of information we collect. WE cannot promise that your use of our websites or mobile applications will be completely safe. We encourage your to use caution when using the internet. Online access to your personal information is protected with a on time password used while logging in. We strongly recommend you do not share the OTP with anyone.

 

  1. Electronic Communications.

When you use Bounce Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you will be communicating with Bounce electronically. You consent to receive communications from Bounce electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Bounce Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that Bounce provides to you electronically satisfy any legal requirement that such communications be in writing. Except to the limited extent that (i) opt out provisions are required by applicable law, or (ii) the Bounce Services specifically offer functionality permitting certain opt out features, any attempt to opt out of receiving electronic communications in any form from Bounce shall be null and void.

 

  1. Miscellaneous.

Except for any signed written agreement that is in effect between you and Bounce, this COU (including any of its addendums or amendments) constitutes the entire agreement between you and Bounce relating to the Bounce Services and the support or maintenance services therein (if any) and shall replace and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Bounce Services or any other subject matter covered by this COU. To the extent the terms of any Bounce policies or programs for support services conflict with the terms of this COU, the terms of this COU shall control. If any provisions of this COU are held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. No delay in enforcing a right or remedy under this COU shall be deemed to be a waiver. You cannot transfer or assign this COU or any right or obligation herein to any person without prior written consent from Bounce. In the event of any conflict between this COU and any other signed written agreement between you and Bounce, the terms and conditions set forth in such signed written agreement will control.