Last updated August 21, 2023.
Welcome to Bonjour. Bonjour is an app to help you make friends in new areas. We hope that Bonjour shows you that there are people who want to connec These Terms of Service (“Terms”) govern access and use of our app, website, and other tools (collectively, “Bonjour” or the “Service” or “Services”). Each time you access or use Bonjour, you agree to be bound by these Terms and any additional terms that apply to you. If you do not agree to be bound by these Terms, please stop using Bonjour. Bonjour is owned and developed by Openup Technologies Inc. (“Company,” “we” or “us”). For purposes of these Terms, “you” and “your” means you as the user of the Services. We also have a Privacy Policy that discusses what information we collect and how we use this information. You should read the Privacy Policy because it governs the Company’s use of your personal information. IMPORTANT NOTE: THE SECTION TITLED “ARBITRATION AND GOVERNING LAW” CONTAINS AN ARBITRATION CLAUSE AND CLASS-ACTION WAIVER THAT APPLIES TO ALL U.S.-BASED BONJOUR USERS. PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN THE SECTION TITLED “ARBITRATION AND GOVERNING LAW.”
You represent that you are at least 17 years of age and possess the legal capacity to enter into the agreement set forth in these Terms. No one under the age of 17 is allowed to use or access Bonjour. If you are old enough to use or access Bonjour but are not old enough to have authority to consent to our terms, your parent or guardian must agree to these Terms on your behalf. If you’re a parent or legal guardian, and you allow your teenager to use the services, then these Terms also apply to you and you’re responsible for your teenager’s activity on the services. If you are a resident of the European Economic Area (“EEA”), you may only use Bonjour if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Bonjour has been provided to us.
When you create your Bonjour account, you agree that the information you submit is correct and complete. We may refuse you access to the Service if we learn that the information you provided is inaccurate. You may stop using the Services at any time and for any reason. You can delete your Bonjour account by tapping Profile › Delete Account. Using Bonjour requires that we initially download software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and that these Terms and our policies will apply to any updates.
The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, and other materials, and the proprietary software and other technology used to provide the Services are protected under copyright, trademark, and other intellectual property laws. You agree that the Company and/or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein), and you agree not to take any action(s) inconsistent with such ownership interests. Although we are granting you this license, we and our licensors retain all intellectual property rights we have in our software and Services (other than User Content (defined below)), including, without limitation, the exclusive right to create derivative works. The Bonjour name and the Bonjour logo or icon (the “hills” design) and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. The unauthorized use of any of these trademarks is strictly prohibited. Some of our Services allow you to download client software. So long as you comply with these Terms, we grant you a worldwide, non-exclusive, personal, non-assignable, and revocable license to download, install, and run that software, solely to access our Services. You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our software or Services. You also may not reverse engineer or decompile our software or Services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it.
We refer to the photos, comments, messages, links, and other content you post as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Bonjour. While your User Content belongs to you, several important limitations apply: First, User Content does not include your Bonjour username. Should you or Bonjour terminate your account, you do not retain any rights in the username you used. A new Bonjour user may use the username in the future. Second, you grant Bonjour and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content for the purposes of using, accessing, operating, developing, and providing Bonjour. Nothing in these Terms restricts other legal rights Bonjour may have to User Content, for example under other licenses. Third, we retain the right to remove or modify User Content or change the way it’s used in Bonjour, for any reason. This includes User Content that, in our judgment, violates these Terms or any other policies. Fourth, content you share with others on Bonjour may continue to exist on Bonjour even if you leave Bonjour. We may back up, archive, and retain your User Content even if you terminate or deactivate your account or delete or remove specific User Content. Bonjour and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Bonjour.
We may allow you to post links to third-party websites, information, materials, products, or services. Please do not post links in violation of these Terms. Bonjour does not control nor endorse or assume any responsibility for these links. If you access any third-party website, service, or content from Bonjour, you do so at your own risk. You accept and agree that Bonjour has no liability arising from your use of or access to any third-party website, service, or content.
We appreciate user input on ways to make Bonjour better. If you make any comments or suggestions to Bonjour, you grant us a non-exclusive, perpetual, irrevocable, transferable, sublicensable license to use the feedback and ideas, content, and technology generated from the feedback without any restrictions, attribution, or compensation to you. Bonjour doesn't waive any rights to use similar or related feedback provided to Bonjour before or after your feedback, or developed by Bonjour’s employees, or obtained from sources other than you.
While we cannot guarantee the security of your account from unauthorized access, we employ security measures to help keep your account and content secure. You can assist us by keeping your SMS authentication code confidential. Please inform us immediately of any unauthorized use or compromise to your account.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Company, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Company. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
1.email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its users to any harm or liability of any type;
2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
3. violate any applicable local, state, national, or international law, or any regulations having the force of law;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. solicit personal information from anyone under the age of 18;
6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities
9. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
10. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
11. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part. However, the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
No employee, independent contractor, agent, or affiliate of any competing social media company is permitted to view, access, or use any portion of the Service without express written permission from the Company. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of the Company or any of its affiliates, nor are you acting on behalf of a competitor of the Company in using or accessing the Service.
If the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with the Company or the App Provider (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize the Company (through the App Provider (as defined below)) to bill your payment instrument in advance on such a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account. Furthermore, you agree to pay any charges so incurred. If you dispute any charges, you must notify the Company within sixty (60) days after the date the Company charges you. We reserve the right to change the Company’s prices. If the Company does change prices, the Company will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at the Company's option, at least thirty (30) days before the change is set to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on the Company’s net income.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes any portion of the Service, use of the Service, or access to the Service. The Service is intended for your personal use.
Bonjour currently does not offer any subscription models but may soon in the future. If you subscribe, your subscription will automatically renew until you cancel, and you will be charged the associated fee (plus any applicable taxes) until you cancel. To view your next renewal date and current fee, access your mobile device’s account settings or the Subscriptions tab available through the Apple App Store. You must cancel your subscription at least 24 hours before the end of your current billing period to avoid being charged for the next billing period. After cancellation, you will maintain access to your subscription until the last day of your current billing period, after which your subscription (along with its features) will cease. You have the option to cancel your subscription at any time through your Apple App Store. To regain access to subscription features after discontinuing your paid subscription, you may need to purchase a new subscription, subject to prevailing fees, terms, and conditions.
Payments for your subscription are processed via Apple ("App Provider"), and you will be required to provide your payment information to the App Provider. It is your responsibility to maintain accurate and up-to-date payment information. If a payment fails, we may suspend your access to the relevant subscription features until you provide a valid payment method. Bonjour is not liable if your subscription fails to renew due to invalid payment information.
Requests for refunds are managed by your App Provider, not Bonjour. To seek a refund, you should adhere to your App Provider’s refund procedures. Bonjour does not grant refunds for your subscription. If you cancel, we will not issue a refund or credit for any partial-period access to your subscription. You are not entitled to a refund or credit for any portion of a billing period in cases where the Subscription Features are unavailable, defective, delayed, or for any other reason.
We retain the right to modify or discontinue your subscription plans, subscription features, terms, or pricing at any time. Bonjour is not liable for any damage or loss arising from failures or delays related to your subscription or the subscription features.
Bonjour will send you SMS or short message service messages, commonly known as text messages, for two-factor authentication. Please note that message and data rates may apply.
To receive assistance, you can: - Text us at: (682) 552-9882 - Reply 'HELP' to any SMS received from us to obtain help on your mobile phone. - Email us at: help@bonjourland.com
You may terminate any SMS messages from Bonjour at any time by texting STOP to 44398.
To use the Services, you must have a mobile communications subscription with a participating carrier or access to a mobile communications network for which Bonjour offers the Services. You are also responsible for any carrier services required to send text messages and for paying any service fees associated with such access. ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES WILL BE SUBJECT TO YOUR CARRIER’S TEXT MESSAGING RATES. ANY INQUIRIES, SUPPORT, PRICING, BILLING, OR REFUND RELATED TO TEXT MESSAGES MUST BE DIRECTED TO YOUR CARRIER'S CUSTOMER SUPPORT TEAM. Supported Carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, CellularOne, Virgin Mobile, U.S. Cellular, Metro PCS. Wireless Carriers are not responsible for lost or delayed messages. Furthermore, you must provide all necessary equipment and software to connect to the Services, including a working mobile handset or other mobile access device suitable for using the SMS service. If an upgrade to the Services necessitates changes in your equipment or software, you must make those changes at your own expense. Unless explicitly stated otherwise, any new or additional features that enhance the current Services will be subject to these Terms. Bonjour retains the right to modify, suspend, limit the use of, discontinue, or permanently cancel all or a portion of the SMS Services at any time. While Bonjour makes reasonable efforts to ensure that the Services are available, there may be times when the Services are interrupted for maintenance, upgrades, emergency repairs, or due to telecommunications link and equipment failures beyond our control. By using the Services, you agree that Bonjour will not be held liable for any modification, suspension, or discontinuance of the Services.
To utilize the Services, you must engage in an opt-in process by furnishing us with your phone number (referred to as your "Phone Number") through the Site ("Opt-in"). Following the Opt-in, an invitation will be dispatched to your Phone Number via an SMS message, encouraging you to register for an Account. Additionally, if you are not already registered for our Services, other Users may dispatch an SMS message through the App to invite you. You have the ability to block messages from Bonjour and other communications related to our Services at any time by texting 'STOP' to the number that sent you the text. If you decide to use the Services and register for an Account subsequent to unsubscribing, you will need to complete the Opt-in process once again. We will subsequently send you an invite via SMS message to register. In case you forget the supported keywords, you can text "HELP" to the number that messaged you, and we will provide you with instructions on how to utilize the Service and how to unsubscribe. Our capacity to deliver SMS messages extends to the mobile phone carriers listed above. You understand, acknowledge, and agree that: - Text message and data rates may be applicable for any SMS messages sent to you from us, or between you and other Users. - You are solely responsible for any fees imposed by your wireless provider in relation to SMS messages that you send or receive as part of the Opt-in and/or the Services. - You will address inquiries concerning your text and/or data plan directly with your wireless provider. Once you receive an invite via SMS message, and if you decide to continue using the Services, you will be required to create an account through the App. This involves providing certain information, such as your name, gender, phone number, contact book, and photo. By registering for an account, you agree to: - Furnish accurate, current, and complete information about yourself. - Regularly update your account information to maintain its accuracy, currency, and completeness. In case you provide information that is false, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect such inaccuracies, we hold the right to suspend or terminate your Account and to deny you any present or future use of the Services.
Our Service is safeguarded by copyrights, trademarks, and other proprietary rights, and its usage must not infringe the rights of any third party. We encourage you to report any content on Bonjour that you believe infringes your rights. Only the holder of intellectual property rights or an authorized representative can report potentially infringing content. If you have a good faith belief that content on Bonjour violates your copyright, trademark, or other intellectual property rights, please read below for instructions on how to submit your complaint. In accordance with the Digital Millennium Copyright Act of 1998 (the 'DMCA'), Bonjour has designated an agent to receive notifications of copyright infringement, and Bonjour adheres to the notice and takedown procedures of the DMCA. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide Bonjour's copyright agent with the following information required by the DMCA, 17 U.S.C. § 512: - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. - Identification of the copyrighted work claimed to be infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. - Identification of the material claimed to be infringing and information reasonably sufficient to enable us to locate the material (e.g., the posting user's username, the URL of the post, and the posting date). - Information reasonably sufficient to allow us to contact the complaining party. - A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. - A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe that any content on Bonjour violates your rights other than copyrights, please provide Bonjour with at least the following information: - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. - Identification of the material claimed to be infringing and information reasonably sufficient to enable us to locate the material (e.g., the posting user's username, the URL of the post, and the posting date). - An explanation of your rights ownership and why you believe the content infringes your rights, sufficient for us to assess your complaint. - Accurate contact information for you. Please send your copyright infringement claims or other complaints regarding alleged rights violations on or regarding Bonjour to Bonjour's copyright agent, reachable as follows: ATTN: Copyright Manager Openup Technologies Inc. 9208 Troy Drive Fort Worth, Texas, 76123 Phone: 6825529882 Email: help@bonjourland.com NOTE: This contact information is intended solely for inquiries regarding potential copyright and other intellectual property infringement. Determining whether your intellectual property rights have been violated, or if the DMCA requirements have been met, can sometimes be challenging. We may request additional information before removing any material that is allegedly infringing. We maintain a policy of terminating the accounts of users who, at our reasonable discretion, are repeat infringers.
We retain the right to suspend or terminate your license to access and use Bonjour at any time and for any reason. Generally, we will provide notice along with the reason for the suspension or termination. However, under certain circumstances, termination or suspension might be immediate and without prior notice if we determine, in our sole judgment, that you have committed a serious violation of these Terms or our policies.
You consent to indemnify, defend, and hold harmless Bonjour, its parent company Openup Technologies Inc., as well as its directors, officers, employees, and agents, from any and all legal actions, demands, claims, losses, expenses, or damages that arise in connection with or are related to your access or utilization of Bonjour or our Service (or any other individual accessing or using Bonjour through your account), your User Content, any breach of these Terms, or any violation of our policies. Under such circumstances, you agree that we are entitled to receive payment from you for any judgments, reasonable legal fees, and all costs we incur to protect ourselves. Our right to indemnification endures despite any cancellation, termination, or suspension of your Bonjour account.
We do not make any representations regarding the accuracy, usefulness, safety, or intellectual property rights of any information posted on Bonjour or the Bonjour software. Our Service, software, and all content on Bonjour are provided "as is" and "as available," without any warranties of any kind, whether express or implied. Your use of Bonjour is entirely at your own risk. We explicitly disclaim all warranties and conditions of merchantability, fitness for a specific purpose, title, non-infringement, and any warranties arising from the course of dealing or usage of trade. We do not pre-review User Content before it is posted. Bonjour holds no responsibility and assumes no liability for any User Content that you or any other individual or third party posts or transmits using our Service. You acknowledge and agree that you might encounter User Content that is inaccurate, offensive, indecent, objectionable, unsuitable for children, or otherwise unfit for your intended purpose. This disclaimer and waiver of claims continue to be effective despite the cancellation, termination, or suspension of your Bonjour account and the termination of these Terms.
To the fullest extent permitted by applicable law, Bonjour, its parent company Openup Technologies Inc., and its owners, officers, directors, employees, or agents will not be liable under any legal theory or in equity for any incidental, special, consequential, exemplary, punitive, or other damages, or for any interruption of business or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from the use of or inability to use our Service or its content. This includes any conduct or content of any third party on the Service, including, but not limited to, any defamatory, offensive, or illegal content or conduct of other users or third parties; unauthorized access, use, or alteration of your transmissions or content; and any claims arising from errors, omissions, or inaccuracies in the Service or the content. Regardless of the cause, even if Bonjour has been advised of the possibility of such damages. Any liability for claims against the company, its affiliates, or any of their owners, officers, directors, employees, or agents is limited to $100.00 or the smallest amount permissible by law, whichever is lesser. If you are dissatisfied with the Service, the content, or these Terms, your sole and exclusive remedy is to cease using the Service. If we cause damage to you and you are a consumer in the European Economic Area (EEA), the above provision does not apply. Instead, Bonjour’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Bonjour is not liable for damages resulting from a non-material breach of any other applicable duty of care. This limitation of liability does not apply to any statutory liability that cannot be limited, liability for death or personal injury caused by our negligence or willful misconduct, or liability excluded in cases where we have specifically promised something to you in writing. This limitation of liability provision remains in effect despite any cancellation, termination, or suspension of your Bonjour account and the termination of these Terms.
If a dispute arises with Bonjour, please contact us. We will work to address it with you quickly and informally. Should an informal resolution of the dispute prove impossible, you agree that any dispute, claim, or controversy arising out of or relating to your access or use of Bonjour or these Terms, including the determination of the scope or applicability of this provision, shall be determined by final, binding, and non-appealable arbitration. Arbitration is a less expensive and often quicker means for parties to resolve disputes than filing a lawsuit in a court of law. An independent and neutral arbitrator decides the case, not a judge or jury. The arbitration award is final and not subject to review by a court. Arbitrators, however, can award the same damages and relief that a court can award. By agreeing to these Terms of Service, you agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and Agreement, and that you and Bonjour are waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive the termination of these Terms and the termination of your Bonjour account. Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Bonjour agree otherwise, the arbitration will be conducted in the City and County of Austin or Travis County, California. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA Rules, except that Bonjour will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property, or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. BY ENTERING INTO THESE TERMS, YOU AND BONJOUR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute, or controversy regarding Bonjour or our Service isn't arbitrable under applicable laws or otherwise: you and Bonjour both agree that any claim or dispute regarding Bonjour will be resolved exclusively in a Texas court governed by the laws of the State of Texas, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Travis County, Texas, or the United States District Court for the Northern District of California, and our dispute will be determined under California law. If you're a consumer in the EEA, this arbitration provision does not apply to you.
You have the option to decline the agreement to arbitrate by emailing an opt-out notice to help@bonjourland.com within 30 days of August 25, 2023, or within 30 days of when you first register your Bonjour account, whichever is later. If you choose to opt out of these arbitration provisions, you will not be bound by them. Similarly, Bonjour will not be bound by the arbitration provisions if you opt out.
The following terms and conditions apply if you are using the Bonjour app from the Apple App Store. In cases where the terms and conditions of this paragraph conflict with or are more restrictive than other terms in these Terms, the terms and conditions of this paragraph apply specifically to your use of the Bonjour app from the Apple App Store.You acknowledge and agree that these Terms solely pertain to the relationship between you and the Company, and not with Apple. Apple is not responsible for the Bonjour app or its content. Your use of the Bonjour app must comply with the App Store's applicable terms of use. You understand that Apple is not obligated to provide any maintenance or support services for the Bonjour app. If the Bonjour app fails to conform to any applicable warranty, you can notify Apple, and Apple will refund the purchase price (if any) for the Bonjour app. However, Apple has no other warranty obligations concerning the Bonjour app. You and the Company acknowledge that Apple is not responsible for addressing any claims by you or any third party regarding the Bonjour app or its use. This includes claims related to product liability, conformity to legal requirements, and consumer protection legislation. In the event of a third party claim that the Bonjour app or your use of it infringes on intellectual property rights, the Company (not Apple) is solely responsible for investigating, defending, settling, and resolving such claims as required by these Terms. You must adhere to any applicable third-party terms of agreement while using the Bonjour app. You and the Company acknowledge and agree that Apple, along with its subsidiaries, are third-party beneficiaries of these Terms concerning your use of the Bonjour app. Upon your acceptance of these Terms, Apple gains the right to enforce these Terms against you as a third-party beneficiary. These Terms of Service do not override any non-waivable statutory rights that are applicable to you.
We are consistently working to enhance Bonjour. Consequently, our Terms may undergo modifications, or we might publish new Terms at any given time. Any newly modified and/or new Terms will take effect immediately upon their posting. By accessing and utilizing Bonjour, you consent to be bound by the new or revised terms. We may provide notice of these new or revised terms by posting them on the Bonjour website and/or within the settings of the Bonjour app.
Assignment You, as the user, are not allowed to transfer or assign these Terms, along with the rights and licenses granted herein. However, Bonjour retains the right to assign these Terms without limitations. Any attempted transfer or assignment in violation of this provision shall be deemed null and void. For users in the EEA, either you or Bonjour may assign these Terms, along with the rights and licenses granted herein, to a third party. In the event of such an assignment by Bonjour, you have the right to terminate the agreement immediately by deactivating your account. Bonjour will provide you with reasonable notice of any such assignment.
If you are a California resident, as outlined in Cal. Civ. Code § 1789.3, you have the option to report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can do so by reaching out to them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by phone at (800) 952-5210.
If any provision within these Terms is deemed unlawful, void, or unenforceable for any reason, that particular provision shall be considered separate from these Terms. All other provisions shall remain fully valid and enforceable.
No waiver of any term within these Terms shall be deemed a subsequent or continuous waiver of that term or any other term. Additionally, Bonjour's failure to assert any right or provision under these Terms shall not amount to a waiver of such right or provision.
Certain services provided by Bonjour include software that is subject to separate open source license terms. Your use of those services is subject to your compliance with those license terms, when applicable. We encourage you to review these terms, as certain licenses may explicitly take precedence over these Terms.