Welcome to Bouncbk, the mobile and online service of Violet Infosystems Pvt. Ltd. (hereinafter referred to as “Bouncbk”, or “We”, or “Us” or “Our”).
The domain name www.bouncbk.com (hereinafter referred to as “Website”) and Bouncbk mobile application (“Mobile Software” or “Bouncbk App”) is owned and managed by Violet Infosystems Pvt. Ltd., a private limited company, incorporated and existing under the laws of India and having its registered office at 1106, Quantum Tower, Dal Mill Compound, Nr. HP Petrol Pump, S.V. Road, Chincholi Phatak, Malad (west), Mumbai – 400064. India).
This Agreement applies to all visitors, users, and others who access the Service (“User(s)” or “You/r”).This page explains the terms by which You may use Our Website, other websites maintained by Us relating to our Apps, Mobile Software (or “Platform”) or any of Our online and/or mobile Services, online Bouncbk Coach/Therapist Services through the mobile software and software provided on or in connection with the Services (collectively the “Service(s)”). By accessing or using the Service, You signify that You have read, understood, and agree to be bound by this terms of use Agreement (“Bouncbk Terms of Service” or “Agreement”) and to the collection and use of Your Information as set forth in the Privacy Policy, and terms of any other policies of Bouncbk as may be applicable to You whether or not You are a registered user of Our Service. This Agreement, Privacy Policy and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as “Terms and Conditions”. If You disagree with any parts contained in these Terms and Conditions please do not use the Service
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
IMPORTANT NOTE:
Institution or other Consumer users
Corporations, schools, universities, hospitals, insurance, and other organizations (“Institution(s)”) may introduce Bouncbk App to their employees and members. These Institutions may also replace certain Bouncbk Service(s) or integrate their own services within the Bouncbk App (“Institution Version”). Such employees and members of Institutions are also User(s) of the Bouncbk App or the Institution Version of Bouncbk App (“Institution User(s)”). In such an event, these Institution(s) terms and their privacy policy shall also apply to Your use of Bouncbk App and Services. In the event of any conflict with such additional terms and privacy policy, Bouncbk’s Terms and Conditions shall apply. Bouncbk App may carry links to material or websites or webpages or services managed by third parties on which the Institution and Bouncbk may have no control, agreement or affiliation. Please refer to documentation including terms and privacy policy provided by such third parties before using Your Institution Version.
The Institution Version and its services can only be accessed by authorized Institution User(s) after following installation and access instructions as shared by the Institution or their service provider.
Note: The Bouncbk Coach/Therapist Service and Payment section of this Agreement may not be applicable to Institution Users. Institution Users are requested to contact their Institution(s) to check applicability.
Use of Bouncbk Service
The Bouncbk App is a virtual AI chatbot (“Bot” or “Bouncbk bot”) that You can chat with, including upon Your choice, the ability to subscribe and to message a highly trained and qualified mental health and well-being professional (“Bouncbk Coach/Therapist” or “Coach/Therapist”) or for Institution Users, to be able to use an institutional support mechanism integrated within the Bouncbk App, and through a conversational interface get access to tools and techniques to manage Your emotional wellness and to encourage You in building resilience. The Bouncbk App is primarily available for both iOS and Android mobile systems. Your Interaction with the Bot is with an artificial intelligence chatbot and not a human. The Bot is restricted in the means of response and the intended usage of Bouncbk App is for providing evidence-based tools and techniques to manage emotions and encourage mental well-being as an early intervention tool in a self-help context. The Bot cannot and will not offer advice on issues it does not recognize. Using the Bouncbk App, You can track and manage Your mood, and learn context-sensitive evidence-based techniques that can help You feel better. Bouncbk App and Service is not intended for use in crisis such as abuse or complex or severe mental health conditions that causes for example; ideation of suicide, harm to self and others, or for any medical emergencies. Bouncbk App and Service cannot and will not offer medical or clinical advice. It can only suggest that the user seek advanced (medical) help.
Eligibility
You may use the Service only if You are a natural/legal person and can form a binding contract with Bouncbk, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If You are between 13 and 18 years of age, please read through this Bouncbk Terms of Service and the Bouncbk Privacy Policy with Your parent or legal guardian, and in such a case this agreement shall be deemed to be a contract between Bouncbk and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. If Your Institution specifies a different age restriction as a condition of using this Service, that restriction shall apply rather than the one above.
Anyone under 13 is strictly prohibited from creating an account and/or using the Service. Bouncbk reserves the right to refuse access to the Service or terminate Your account at its sole discretion. The Service is not available to any Users previously removed from the Service by Bouncbk.
Bouncbk License
Subject to Terms and Conditions, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for Your personal, non-commercial use only and as permitted by the features of the Service. Bouncbk reserves all rights not expressly granted herein in the Service and the Bouncbk Content (as defined later in this agreement). Bouncbk may terminate this license at any time for any reason or no reason.
Bouncbk Accounts
You may be required to create an account with Bouncbk to avail certain Services with a user name and password or Access Codes (“Account”). Your Account gives You access to the Services and functionality that We may establish, modify and maintain from time to time and in our sole discretion. It is hereby clarified that creation of an Account is presently not mandatory and may be required in the future only for certain Services as notified by Bouncbk from time to time. Bouncbk may, at its sole discretion, make the creation of an Account mandatory for all Services.
When creating Your Account, if required, You must provide accurate and complete information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).
You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. Whenever You need to set a password, We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your Account. You must notify Bouncbk immediately of any breach of security or unauthorized use of Your Account. Bouncbk will not be liable for any losses caused by any unauthorized use of Your Account.
You may never use another User’s Account.
You may control Your user Account profile and how You interact with the Service by changing the Settings or in the Mobile Software. By providing Bouncbk Your phone number and/or email address and/or other identification You consent to our using the identification provided to send You Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use Your phone number and/or email address to send You other messages, such as changes to features of the Service and special offers. If You do not want to receive promotional messages, You may opt out by unsubscribing from such phone and/or email communications from Bouncbk. Opting out may prevent You from receiving messages regarding updates, improvements, or offers. For further Information regarding the use of Your personal Information by Bouncbk, please read Our Privacy Policy
Bouncbk Coach/Therapist Service
(For User(s) using an Institution Version of Bouncbk App integrated with another similar service from a third party, please refer to the documentation, terms and conditions and privacy policy provided by such third parties before using Your Institution Version, as the following section may not apply.)
When You use the “Bouncbk Coach/Therapist Service” provided to You on the Platform the following terms and conditions apply:
Google Play
iTunes
Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Bouncbk servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content thereinWe may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Terms and Conditions, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Terms and Conditions. You are responsible for all the mobile data usage resulting from the use of Service. Consult Your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for Your interactions with other Bouncbk Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Bouncbk shall have no liability for Your interactions with other Users, or for any User’s action or inaction.
User Content
Some areas of the Service allow Users to post content such as chat content, profile information, videos, comments, questions, and other content or Information [any such materials a User submits, posts, displays, or otherwise makes available on the Service (“User Content”)]. We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow others (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. Bouncbk has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party’s trade secrets); (vii) contains any Information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any Information or content that You know is not correct and current; (ix) violates any school or other applicable policy, including those related to cheating or ethics; (x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not copy or use personal identifying or business contact Information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Bouncbk reserves the right, but is not obligated, to reject and/or remove any User Content that Bouncbk believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, You affirm, represent and warrant the following:
User Content License Grant
By posting any User Content on the Service, for use in connection with the Service You expressly grant, and You represent and warrant that You have all rights necessary to grant, to Bouncbk a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list Information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Privacy Policy.
Use of User Content
Bouncbk conducts research on Our global platform. This research looks at how different activities on Mobile Software (Bouncbk Coach/Therapist conversations, other activities, etc.) impact mental well-being measures. Bouncbk may use User Content and other data collected from the User in accordance with the Terms and Conditions for the purpose of this research. All data including User Content is anonymized (or made anonymous) before use for research purposes. Research and outcomes are key to helping Users make real change and progress in their lives, and we are grateful for the support You provide towards this mission by sharing Your data.
Mobile Software
We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software You must have a mobile device that is compatible with the Mobile Software. Bouncbk does not warrant that the Mobile Software will be compatible with Your mobile device. Bouncbk hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Bouncbk Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Bouncbk may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Bouncbk or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Bouncbk reserves all rights not expressly granted under this Agreement. The Mobile Software originates in India, and is subject to Indian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to use of the Mobile Software and the Bouncbk Service.
Our Proprietary Rights
Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Bouncbk Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Bouncbk and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Bouncbk Content. Use of Bouncbk Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Bouncbk under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Bouncbk does not waive any rights to use similar or related ideas previously known to Bouncbk, or developed by its employees, or obtained from sources other than You.
No Professional Advice
If the Service provides any Information (e.g. medical or legal)including recommending tools and techniques (e.g. Yoga or activity or exercises), such Information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any Information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.
Privacy
We deeply care about the privacy of Our Users. You understand that by using the Services You agree to the collection, use and disclosure of Your Information including personal and non-personal Information as set forth in our Privacy Policy, and to have Your Information collected, used, transferred to and processed by Us in accordance with Our Privacy Policy.
Security
We deeply care about the integrity and security of Your personal Information and maintain security measures as required under applicable laws in India to ensure its unauthorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your personal Information for improper purposes. You acknowledge that You provide Your personal Information at your own risk.
Third-Party Links
The Service may contain links or other content related to third-party websites, advertisers, products and/or services, special offers, or other events or activities offered by third parties that are not owned or controlled by Bouncbk. Bouncbk has no control over any such links, content, web sites, products or services or any Information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. Bouncbk does not endorse or assume any responsibility for any such third-party sites, information, materials, products, opinions or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. If You access a third party website from the Service, You do so at Your own risk, and You understand that this Agreement and Bouncbk’s Privacy Policy do not apply to Your use of such sites. You expressly relieve Bouncbk from any and all liability, directly or indirectly, arising from Your use of any third-party website, service, or content and also for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service. Additionally, Your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers. You agree that Bouncbk shall not be responsible for any loss or damage of any sort relating to Your dealings with such advertisers. If you disclose your Information to others, different rules may apply to their use or disclosure of such information. We do not control the privacy policies of others. We encourage you to ask questions before you disclose your personal Information to others. Bouncbk encourages the User to, at a minimum, be aware when he or she leaves a third party website and to review the terms of service and privacy practices related to third party sites;
Monitoring of the Website, Mobile Software and User Content
We have the right and liberty to monitor the content on the Website and Mobile Software at all times which shall include Information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the Information provided by You and that every User remains in consonance with the Terms and Conditions provided herein. Subject to the Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Agreement or share such Information with any governmental authority as per procedures laid down by the law for the time being in force in India. It is hereby clarified that Bouncbk has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, Bouncbk shall not be liable for any claims, losses, damages costs or expenses that may arise as a consequence of the User Content published by You or any other User on the Website.
Payment
(For User(s) using an Institution Version of Bouncbk App integrated with another similar service from a third party, please refer to the documentation, terms and conditions and privacy policy provided by such third parties before using Your Institution Version, as the following section may not apply.)
The Services are provided to the Users free of cost at present. The User may choose to avail additional Services available on the Mobile Software (“Premium Services”) upon payment of a subscription fee. Premium Services shall be considered as a part of Services for the purpose of the Terms and Conditions. We may modify the subscription fee for the Premium Services or make all Services subject to payment of certain subscription fee at our sole discretion. The User will be notified of the applicable fee payable for the Services and the Premium Services prior to User’s use of the same.Subscriptions will be automatically renewed on a monthly basis until subscription is canceled before the end of the current period. For Apple iTunes, the subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can go to your iTunes Account settings to manage your subscription and turn off auto-renew. Your iTunes Account will be charged when the purchase is confirmed. It is solely the User’s responsibility to cancel, which can be done at any time from Google Play and Apple iTunes. WE DO NOT ACCEPT SUBSCRIPTION CANCELLATIONS VIA EMAIL.It is the User’s responsibility to note the date and time that the subscription will expire or come up for renewal, and to cancel prior to Your payment being processed. Payments may be subject to applicable currency exchange rates.Cancelling Your subscription depends on Your payment method. Here are the two ways to cancel:Google PlayiTunesTo the maximum extent permitted by applicable law, in no event shall Bouncbk, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages arising out of or in connection with the Services. The aggregate liability of Bouncbk shall be limited to the subscription fee paid by You for a period of six (6) months for the Services.
Indemnity
(For User(s) using an Institution Version of Bouncbk App integrated with another similar service from a third party, please refer to the documentation, terms and conditions and privacy policy provided by such third parties before using Your Institution Version, as the following section may not apply.)
You agree to defend, indemnify and hold harmless Bouncbk and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party’s access and use of the Service with Your unique username, password or other appropriate security code.
No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Bouncbk OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Bouncbk, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.Bouncbk DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Bouncbk SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Bouncbk WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
(For User(s) using an Institution Version of Bouncbk App integrated with another similar service from a third party, please refer to the documentation, terms and conditions and privacy policy provided by such third parties before using Your Institution Version, as the following section may not apply.)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Bouncbk, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL Bouncbk BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Bouncbk ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Bouncbk, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE FREE Bouncbk HEREUNDER OR $100.00, WHICHEVER IS GREATER. FOR THE PAID SUBSCRIPTION TO Bouncbk COACH/THERAPIST SERVICE, THE AGGREGATE LIABILITY OF Bouncbk SHALL BE LIMITED TO THE SUBSCRIPTION FEE PAID BY YOU FOR A PERIOD OF SIX (6) MONTHS FOR THE Bouncbk COACH/THERAPIST SERVICE.THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Bouncbk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from facilities in India. Bouncbk makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, UK or India. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.
Governing Law and Arbitration Governing Law.
You agree that: (i) the Service shall be deemed solely based in Mumbai, Maharashtra, India; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Bouncbk, either specific or general, in jurisdictions other than Bangalore, Karnataka. This Agreement shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Mumbai, Maharashtra for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with Our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Bouncbk without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement.
Bouncbk may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by Bouncbk in Our sole discretion. Bouncbk reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement. Bouncbk is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Bouncbk may, in its sole discretion, modify or update this Agreement from time to time, and so You should review this page periodically. When We change the Agreement in a material manner, We will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new Terms of Use. If You do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
Entire Agreement/Severability.
This Agreement and Terms and Conditions, together with any amendments, policies and any additional agreements You may enter into with Bouncbk in connection with the Service, shall constitute the entire agreement between You and Bouncbk concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Bouncbk’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact
If You have any questions, comments, or concerns about this Agreement or our other privacy policies or practices, please contact us at hello@bouncbk.com or hello@bouncbk.com or by writing to:
Violet Infosystems Pvt. Ltd.
Attn: Bouncbk
1106, Quantum Tower, Dal Mill Compound, Nr. HP Petrol Pump, S.V. Road, Chincholi Phatak, Malad (west),
Mumbai – 400064. India