Terms of Service
Last Updated: November 14, 2024
As a consumer who resides in the European Economic Area (“EEA”), you can access the European Commission’s online dispute resolution platform. To the extent permitted by law, Bounce is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is only available for EEA residents.
Section 17 of these Terms contains an arbitration agreement and class action waiver that applies to all claims brought against Bounce in the United States. Please read it carefully.
Welcome, and thank you for your interest in Bounce!
These Terms of Service (“Terms”) are a binding legal agreement between you and Bounce regarding your use of the websites, applications, networks, and other services provided by Bounce (collectively, the “Bounce Platform”). In these Terms, “Bounce”, “we,” “us,” or “our” refer to Bounce Inc.
Key principles
- We make available an online platform to Customers who wish to store their personal items for a short period of time to connect with Partners who have available short-term storage space to offer. Bounce may also provide such service. Customers can also use the Bounce platform to have their package(s) delivered and accepted at some Partners’ locations.
- To access and use the Bounce Platform you may create an account and/or simply add your payment details. You must make sure that the information you provide to us is accurate and up-to-date at all times.
- Please read these terms carefully before accessing and using the Bounce Platform. They include important information about us, your rights, and obligations.
- We may change these terms from time to time. If we make major changes, we will let you know about those changes thirty(30) days in advance.
- If you have questions or comments about Bounce or these Terms, please do not hesitate to contact us at support@usebounce.com.
ABOUT US
We are Bounce Inc., a Delaware corporation registered at 548 Market St PMB 60414, in San Francisco, California. You can contact us at support@usebounce.com.
- OUR ROLE
1.1. Bounce makes available an online platform (the “Bounce Platform”) to eligible users (“Customers”) who wish to store their personal items on a short-term basis to find and book available storage spaces and services from partners who have short-term storage space available at their locations and other services to offer (“Partners”). Bounce may also provide short-term storage service. Customers may also connect with Partners to have their package(s) delivered and accepted at some Partners’ locations using the Bounce Platform. In these Terms, item(s), personal item(s), bag(s), luggage(s), and package(s) are often referred to as “Item(s).”
1.2. Bounce is the provider of the Bounce Platform which allows Customers to connect with Partners or Bounce itself at the physical locations they operate and control (“Partnering Location(s)”) in relation to the following services facilitated by us (collectively, the “Services”):
1.2.1. Storage Service. Customers may find and book available short-term storage space for their Items (“Storage Service”).
1.2.2. Transportation Service. Customers may find and book transportation of their Items between Partnering Location(s), their home, or other designated locations (“Transportation Services”).
1.2.3. Package Acceptance Service. Customers may have their packages received, accepted by Partners, and delivered at some Partnering Locations. (“Package Acceptance Service”).
1.2.4. Other Services. From time to time, Bounce may allow Customers to use the Bounce Platform to connect with Partners in relation to other services (“Other Services”). We will use our best efforts to notify you about those Other Services and the conditions attached to them via the Bounce Platform. We will notify you about any material changes we would make to these Terms to reflect which Other Services you can access and use via the Bounce Platform.
1.3. These Terms, including, without limitation, the BounceShield™ Protection, will only apply to the Services, and only to the extent they are concluded exclusively via the Bounce Platform and all interactions between you and the Partner occur via the Bounce Platform.
1.4. Any products and services provided to you by a Partner outside the Bounce Platform are not subject to these Terms. Those products and services are priced locally by Partners and subject to separate terms with Partners. You must pay Partners directly for such products and services at the time of purchase or provision of those products or services. However, from time to time, we may allow you to buy products and services from Partners and to pay for these using the Bounce Platform.
1.5. Bounce does not own, control, or manage Partnering Locations unless Bounce provides the Services itself. Bounce is not a party to the contracts entered into between Customers and Partners nor is Bounce a payment provider, a broker, or an insurer.
- ACCOUNT REGISTRATION
2.1. You must register an account to access and use many features of the Bounce Platform. You must be at least eighteen (18) years old to register an account. You can also access the Bounce Platform by adding your payment details.
2.2. By agreeing to these Terms, you represent and warrant that: (a) you are at least eighteen (18) years old; (b) you are legally capable of entering into binding contracts; (c) you are a natural person acting on your own behalf or you represent a legal person and you have all the necessary power to represent and bind this legal person; (d) you have not previously been suspended or removed from or prohibited from using the Bounce Platform under the laws of your place of residence, or any other applicable jurisdiction and (e) your registration and your use of the Bounce Platform and the Services will be in compliance at all times with all applicable laws and regulations.
2.3. When you register an account, you may be required to provide Bounce with some information about yourself, such as your name, email address, and other contact information.
2.4. You must provide us with accurate, current, and complete information and keep your account information up-to-date at all times. You are solely responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If you believe that your credentials have been lost, or stolen, or your account is otherwise compromised or no longer secured, please immediately notify us at support@usebounce.com.
3. PROHIBITED ITEMS
3.1. You may not use the Bounce Platform to store, deliver, receive, transport, or otherwise interact with, the following Items (collectively, “Prohibited Items”):
3.1.1. Any Items whose possession or transportation is illegal under any applicable laws, including the laws of the location(s) where such Items are to be stored, delivered, received, or transported.
3.1.2. Weapons, firearms, ammunition, explosive Items or substances, flammable liquids or gasses, pesticides or other toxic chemicals, live animals, agricultural products, perishables, alcoholic beverages, drugs, or other controlled substances that are not prescribed to you or purchased over-the-counter for your own personal use, cash or cash equivalents, lottery tickets, stocks, bonds, money orders, subjective or sentimental items, jewelry, precious stones and metals, jewels, gift cards, irreplaceable items (e.g., antiques, paintings), medicines, immigration documents, and other valuables.
3.1.3. Other Items that Partners or Bounce specify as prohibited.
3.2. Bounce and Partners have the right to inspect, in your presence, all Items deposited in connection with the Services and to reject any Prohibited Items or other Items that, in Bounce’s or the Partners’ reasonable discretion, present a danger to the Partner, the Partners’ personnel, other Customers, or the public. Bounce and Partners may convey to law enforcement authorities any Item the possession, storage, delivery, or transportation of which may violate applicable laws. If a Partner rejects your Item, you should immediately contact Bounce at support@usebounce.com.
3.3. Bounce and Partners have no obligation to protect Prohibited Items against any loss, theft, or damage. You can find more information about this in Section 5 (BounceShield™ Protection).
4. PAYMENTS AND FEES
4.1. In order to use certain features of the Bounce Platform and the Services, you will be required to pay fees in the applicable currency. Before you pay any fees, you will have an opportunity to review and accept the fees that will be charged in the applicable currency. You will only be able to use the Services after you provide us with a valid payment method.
4.2. All payments by Customers to Bounce and by Bounce to Partners will be processed through Stripe, Apple Pay, or PayPal online payment systems. Payments made through Stripe, Apple Pay, and PayPal will be subject to their automatic checks including fraud. By agreeing to use Bounce, you agree to the terms of conditions of Stripe available at www.stripe.com, Apple Pay available at https://www.apple.com, PayPal available at https://www.paypal.com, and Google Pay available at https://pay.google.com/about.
4.3. Under no circumstances, should you request or make any payment directly to Partners, outside the Bounce Platform.
4.4. Bounce may charge a service fee for each Item that is added to a booking and/or for each product and/or Service that is paid for via the Bounce Platform. Before you pay such a fee, you will have the opportunity to review and accept the service fee that will be charged in the applicable currency.
4.5. You authorize Bounce to charge you fees for the Services you select, as described in these Terms or published by Bounce, including all applicable taxes and charges, to the payment method specified in your account. If you pay any fees with a credit card, Bounce may seek pre-authorization of your credit card to verify that it is valid and has the necessary funds or credit available. These fees include but are not limited to:
4.5.1. Storage Fee. The fee that is due for the Storage Service (“Storage Fee”).
4.5.2. Package Acceptance Fee: The fee that is due for the Package Acceptance Service (“Package Acceptance Fee”). Additional packages sent to a Partnering Location beyond the number of packages set in your membership or plan limit may be subject to an extra fee per additional package.
4.5.3. BounceShield™ Protection Fee. Bounce will automatically charge a fee in exchange for the BounceShield™ Protection which covers Customers in case of a loss, theft, or damage to their Item in relation to the Storage Service (“BounceShield™ Protection Fee”). You can find more information about the BounceShield™ Protection in Section 5 of these Terms.
4.5.4. Subscription Fee. Where applicable, the Services may include automatically recurring payments for periodic charges which you have agreed to pay (“Subscription Fee”). If you activate a subscription, you agree to be periodically charged a Subscription fee on a going-forward basis. The “Subscription Billing Date” is the date when you purchase the first subscription to the applicable subscription service. Your account will be charged automatically, on the Subscription Billing Date, for all applicable fees for the next subscription period. Your subscription will continue unless and until you cancel it or if we terminate this agreement in accordance with Section 13. You must cancel your subscription before it renews in order to avoid the billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provided us with or to a different payment method if you change your payment information. You may cancel your subscription at any time in your account or by contacting us at support@usebounce.com. You acknowledge and agree that any Subscription Fee that is paid cannot be refunded for the applicable subscription period.
4.5.5. Late Pick-Up Fee. If an Item is not picked up within the designated time limit, Partners have the right to ship the Item out without notice to Customers or to any other location designated by Bounce. When this happens, Customers may be charged a fee of $100 (or €100 or £100 or any applicable currency) fee per Item (“Late Pick-Up Fee”). To retrieve the Item(s), Customers must pay the Late Pick-Up Fee, plus any additional fee to ship the Item(s). Customers must pay all these fees prior to their Item(s) being returned to them.
4.5.6. Oversized Package fee: you agree that you may have to pay an extra fee for an oversized Package (“Oversized Package fee”) Packages above 25 lbs or 2'x2'x2' (or any applicable weight limits applied locally) are considered oversized. For more information about pricing for oversized items please visit the relevant section on our website.
For more information about those fees, please visit our website, in particular the Storage pricing page and the Package pricing page.
4.6. Bounce reserves the right to change the fees from time to time. We will use our best efforts to provide you with up-to-date information about fees. We encourage you to check our website https://bounce.com and our mobile applications to obtain up-to-date information about applicable fees. Fee changes will only affect bookings made after the effective date of the fee change. If you disagree with a fee change you may terminate your agreement with Bounce.
4.7. Bounce, in its sole discretion, may make promotional offers with different features and different pricing to Customers and which can be subject to different terms and conditions.
4.8. Bounce may suspend or terminate access to the Bounce Platform in its sole discretion for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account may be charged with fees or charges that are incidental to any chargeback or collection of the unpaid amount, including collection fees.
4.9. Bounce may offer credits to Customers (“Bounce Credits”). Bounce Credits are not redeemable for cash. Bounce credits can be revoked, limited, or not honored by Bounce at Bounce’s reasonable discretion, including before the expiration date attached to the Bounce Credits. Bounce will use its best efforts to send reminders to Customers when Bounce Credits are about to expire.
5. BOUNCESHIELD™ PROTECTION
5.1. Bounce may, at its sole discretion, compensate you for lost, damaged, or stolen Items in relation to the Storage Service subject to the limitations, exclusions, and conditions below.
5.2. In relation to the Storage Service, Bounce will automatically charge you a fee for BounceShield™ Protection. The BounceShield™ Protection also referred to in these Terms as the Bounce “Guarantee” or “Protection” applies to loss, damage, or theft of Customers’ Items that occurred while using the Services and in relation to the Items that were linked to a booking made via the Bounce Platform. Bounce will not compensate Customers for other costs such as transportation costs to or from Partners, additional accommodation, or flights booked as a result of not being able to locate or access the Item. The BounceShield™ Protection does not constitute a contract of insurance and is offered at the sole discretion of Bounce.
5.3. If you are eligible for compensation under the BounceShield™ Protection (more details in Section 5.5), Bounce may compensate you for the value of the lost, stolen, or damaged Items up to $10,000 (€10.000 in the EU, or £10,000 in the UK or any other applicable currency), taking into account your Item’s initial value as well as any loss caused by wear and tear. You understand and agree that Bounce will not reimburse you for the replacement of the Item(s). The compensated value will be decided by Bounce based on the evidence provided by you and individual circumstances. You understand and agree that the BounceShield™ Protection is offered at Bounce’s sole discretion. Bounce may reject your claim regardless of eligibility for example, in the case of suspicion of fraud. You understand and agree that any decision on the compensation amount will be subject to Bounce's reasonable discretion.
5.4. The BounceShield™ Protection will not apply to:
5.4.1. Items paid for in cash or via other payment means which were not approved by Bounce;
5.4.2. Items stored outside the Bounce Platform;
5.4.3. Items that are prohibited. Prohibited Items are listed in Section 3.1;
5.4.4. Items not properly handled and/or packaged safely by Customers or Items that are easily subject to damages despite reasonable handling and packaging. This includes but is not limited to vases, fragile glass items, art paintings, photos, liquids, electronic devices such as laptops or phones without a case, cover, or sleeve, etc.;
5.4.5. Items that were abandoned. Items stored by the Customer that are not picked up by the booking check-out time are considered abandoned and are no longer covered by the BounceShield™ Protection. Some Partners may require that abandoned Items are promptly shipped out of the Partnering location(s) and Customers will be responsible to pay for Late Pick-Up Fee and any additional shipping costs in accordance with Section 4.5.5.
5.5. To be eligible for compensation under the BounceShield™ Protection, Customers must not (a) have intentionally or unintentionally caused any damage to Bounce’s brand or reputation; (b) have breached these Terms; (c) have received any compensation from any insurer or other party with respect to the loss, theft, or damage for which they are claiming compensation under the BounceShield™ Protection. Customers must be prepared to disclose any relevant communication with their insurance company or other compensating party to us. Failure to do so may result in the claim being rejected.
5.6. We may ask you to cooperate and communicate with relevant parties, such as the relevant Partner and law enforcement, in resolving a claim. We may also ask you to cooperate with the Partner and their Affiliates in connection with all security measures that are currently in place in the Partnering Location, and that may be in place in the future, relating to the handling, storage, retrieval, and shipping of Items. “Affiliates” in these Terms refer both to Bounce’s Affiliates as part of Bounce’s Affiliate Programme and Partners’ Affiliates.
5.7. To activate compensation under the BounceShield™ Protection in relation to the Storage Service:
5.7.1. Customers must have a valid booking for Storage Service for their Item(s) and must be able to show a valid proof of payment.
5.7.2. Customers must demonstrate that they (a) made a booking via the Bounce Platform and that all their interactions with Partners were made exclusively via the Bounce Platform; (b) took a photo of each tagged Item at the time of check-in and (c) followed any other on-screen instructions. Failure to complete any of these steps may void the application of the BounceShield™ Protection.
5.7.3. Customers must notify Bounce about the stolen, lost, or damaged Item(s) for which they wish to invoke the Protection by sending us an email at support@usebounce.com within twenty-four (24) hours of the scheduled end of the booking.
5.7.4. Customers must share with Bounce all relevant details regarding the exact Item(s) stored in the bag(s), luggage(s), etc. linked to the booking. This includes the condition of the Item(s) immediately before they were stored, the condition at the time you retrieved the Item(s), and the value of each Item included in the claim.
5.7.5. Provide evidence beyond a reasonable doubt that the Item was stolen, damaged, or lost while being stored as part of the Storage Service. This may include police reports, receipts, video footage, and other evidence we may ask you to provide. Failure to provide adequate documentation of the requirements listed above may automatically give grounds for a rejection of the claim. Whether or not the evidence provided is to be considered adequate will be decided at Bounce’s sole discretion.
5.8. The BounceShield™ Protection is currently not availablefor Packaging Acceptance Service, and Bounce will not reimburse you for lost, damaged, or stolen packages.
6. REVIEWS
After the Service is provided, Customers will have an opportunity to review the Partner and Partnering location. The review must be accurate and may not contain any discriminatory, offensive, defamatory, abusive, or aggressive language.
7. STORAGE SERVICES
7.1. For each Item stored, you must (a) make a booking via the Bounce Platform or scan the QR code available at the Partnering location. This QR-code will allow you to access the Bounce Platform for you to make a booking directly on the Bounce Platform; (b) take a photo of each tagged Item at the time of check-in and (c) followed any other on-screen instructions on the Bounce Platform.
7.2. Your booking for Storage Service includes the storage of your Item(s) during the period specified in your booking (“Storage Period”). You are responsible for retrieving your Item(s) from Partner before the end of the Storage Period and provide reasonable proof that the Item(s) belong to you or that you have sufficient authority to retrieve the Item(s).
7.3. At the end of the Storage Period, if your Item has not been claimed, you understand and agree that Bounce may extend your booking for Storage Service at the then-applicable rate to cover the full period that your Item is in the possession of the Partner whether or not you receive notice from us or the Partner. You must contact Bounce to arrange for the recovery of your Item(s). If the payment attempt to extend your reservation fails, if you are unreachable by Bounce or the Partner, or if you don’t manage to successfully contact Bounce or the Partner, the Partner may dispose of your Item(s) at its sole discretion. You understand and agree that the Partner may take the above-described actions with respect to your Items and waive any and all claims you may have against the Partners, its franchisor, or any of their Affiliates or other related entities. Exceptionally, Bounce may be responsible for the proper disposal of the Item in accordance with applicable laws.
7.4. Cancellations must be done before the check-in time of the booking or one (1)-hour after that check-in time. Valid cancellation requests will be refunded in Bounce Credits or via the payment method used for the booking. Bounce Credits can be used for future reservations at any Partnering Location.
8. PACKAGE ACCEPTANCE SERVICES
8.1. For each package, you must (a) make a booking via the Bounce Platform which will allow you to receive and pick up your package at a specific Partnering Location for a limited period of time; (b) add the Bounce (BNC-CODE) Code to your shipping information and (c) display the QR code to the location for pickup and checkout.
8.2. Your usage of the Package Acceptance Service is limited to the number of packages included in your membership or payment plan.
8.3. You agree that Partners have the right to reject any package that Partners are uncomfortable accepting including oversized packages. You agree to not send any oversized packages including mattresses or appliances or anything weighing more than 25 lbs (or any applicable weight limit) without prior written approval from Bounce and the Partner. If a Partner accepts your oversized package, you agree that you may still be charged an Oversized Package Fee as described in Section 4.5.6.
8.4. You agree that if you sign up for the unlimited plan, Bounce may still decide to add additional restrictions in its reasonable discretion including a cap on the number of monthly shipments to limit those shipments to a reasonable number.
8.5. You understand and agree that a Partner may decide at any time to stop offering the Package Acceptance Service to you at its sole discretion. If that’s the case we will contact you.
8.6. You agree that Bounce or the Partner is not liable for any packages that did not arrive at the Partnering Location or any Item(s) that were later misplaced.
8.7. Bounce is not responsible to return packages to the sender or to organize delivery to a location other than the specific Partnering Location where you choose to send your package.
8.8. For the monthly subscription, you can cancel your subscription at any time. Your subscription will be valid until the end of the period for which you subscribed and you will not be charged any subscription fee for the month following your cancellation date. You can cancel your subscription by signing into your account and canceling your subscription or by contacting us at packages@usebounce.com. This does not apply if you paid a fixed fee per package accepted (“pay-as-you-go”).
9. LICENSES
9.1. Subject to your complete and ongoing compliance with these Terms, Bounce grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-commercial, revocable license for your personal use to (a) access and use the Bounce Platform; and (b) install and use one object code copy of any website or mobile application associated with the Bounce Platform on a mobile device that you own or control.
9.2. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Bounce Platform (b) make modifications to the Bounce Platform; or (c) interfere with or circumvent any feature of the Services and the Bounce Platform, including any security or access control mechanism. If you are prohibited under applicable law from using a Service or the Bounce Platform, you may not use it.
9.3. Under no circumstances are you permitted to access the Bounce Platform for the purpose of obtaining information about Partners, their employees, Partnering locations, Affiliates or any other information that is not for the direct purpose of engaging in a transaction with Bounce. If you, individually or on behalf of another company or service, engage in this behavior, you agree to pay Bounce a fine of $1000 (or €1000 in the European Union or ￡1000 or any applicable currency) multiplied by the number of instances data was improperly collected.
9.4. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Bounce an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Bounce Platform, the Services and offer additional products and services.
10. CONTENT
10.1. Certain features of the Bounce Platform may permit users to upload content to the Bounce Platform including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Bounce Platform. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Bounce Platform.
10.2. By providing User Content to or via the Bounce Platform, you grant Bounce a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
10.3. By providing User Content to or via the Bounce Platform to other users of the Bounce Platform, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Bounce Platform.
10.4. Bounce, the Partners, and their Affiliates disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Bounce Platform. By providing User Content via the Bounce Platform, you affirm, represent, and warrant that:
10.4.1. You are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorize Bounce and users of the Bounce Platform to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Bounce, the Bounce Platform, the Services, and these Terms.
10.4.2. Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Bounce, the Partners, or their Affiliates to violate any law or regulation; and
10.4.3. Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
10.4.4. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Bounce may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Bounce Platform you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and do waive, any legal or equitable right or remedy you have or may have against Bounce, the Partners, and their Affiliates with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Bounce does not permit copyright-infringing activities on the Bounce Platform.
10.4.5. Bounce, the Partners, and their Affiliates do not control and do not have any obligation to monitor: (a) User Content; (b) any Content made available by third parties; or (c) the use of the Bounce Platform by Bounce’s other users. You acknowledge and agree that Bounce reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Bounce Platform for operational and other purposes. If at any time Bounce chooses to monitor the content, Bounce still assumes no responsibility or liability for the Content or any loss or damage incurred as a result of the use of the Content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
11. LIMITATION OF LIABILITY
11.1. To the fullest extent permitted by law, in no event will the Bounce entities, the Partners or their Affiliates be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Bounce Platform, the Services or any materials or content made available by Bounce, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Bounce entity, Partner, or any of their Affiliates have been informed of the possibility of damage except as provided in Section 5 and to the fullest extent permitted by law, the aggregate liability of any Bounce entity, Partner, or any of their Affiliates to you for all claims arising out of or relating to the use of or any inability to use any portion of the services, or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to Bounce for access to and use of the Bounce Platform in the twelve (12) months prior to the event or circumstance giving rise to claim; or (b) $100 (€100, £100 or any other applicable currency). Claims regarding stored Items should be made directly to Bounce. Even if a claim is made against the Partner, the Partner's liability, regardless of the cause, will be limited in principle to the scope outlined in Section 5.
11.2. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the Parties under these Terms. This allocation is an essential element of the basis of the bargain between the Parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section will apply even if any limited remedy fails for its essential purpose. Any claim for loss, mishandling, theft, or conversion of, or damage to, an Item shall be filed directly with Bounce and not the Partner or its Affiliates. You acknowledge and agree that your primary remedy for any loss, mishandling, theft, conversion of, or damage to the Item(s) stored, is to file a claim with Bounce as set forth in these Terms.
12. INDEMNIFICATION
12.1. To the maximum extent permitted by applicable law, you agree to release, defend (at Bounce’s option), indemnify, and hold Bounce (including Bounce’s affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms (including any additional terms, Policies or Standard that may apply; (ii) your improper use of the Bounce Platform or the Services, (iii) your interaction with any Partner including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, (iv) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
12.2. To the fullest extent permitted by law, you are responsible for your use of the Bounce Platform and Services, and you will defend and indemnify Bounce and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Bounce Entities”) and the Partners and each of their officers, directors, employees, consultants, affiliates, subsidiaries and agents (together with the Bounce Entities, the “Indemnitees”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Bounce Platform or the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. The applicable Indemnitee(s) reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with their defense of those claims.
13. TERM, TERMINATION, AND SUSPENSION
13.1. These Terms are effective when you accept the Terms or first download, install, access, or use the Bounce Platform and end when terminated as described in these Terms. The agreement between you and Bounce reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
- You may terminate this agreement at any time by contacting us at support@usebounce.com.
- We may terminate this agreement for any reason by giving you thirty (30) days notice via email or using any other contact information you have provided us.
- We may also terminate this agreement immediately and without prior notice and stop providing access to the Bounce Platform if (i) you materially breach these Terms, your authorization to access the Bounce Platform or the Services; (ii) you violate applicable laws, or (iii) such action is necessary to protect the safety or property of Bounce, Partners or their staff, or third parties (for example in the case of fraudulent behavior).
13.2. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Bounce Platform and the Services; (b) you will no longer be authorized to access your account, the Bounce Platform, or the Services; (c) you must pay Bounce any unpaid amount that was due prior to termination; (d) all payment obligations accrued prior to termination and all other provisions of these Terms that, by their nature or express terms, should survive termination.
13.3. In addition, Bounce may, at its reasonable discretion suspend your access and use of the Bounce Platform or the Services.
14. INTELLECTUAL PROPERTY RIGHTS
The Bounce Platform is owned and operated by Bounce. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and other elements of the Bounce Platform and the Services (“Materials”) provided by Bounce are protected by intellectual property and other laws. All Materials are the property of Bounce or its third-party licensors. Except as expressly authorized by Bounce, you may not make use of the Materials. Bounce reserves all rights to the Materials not granted expressly in these Terms. You hereby release Partners and their Affiliates from any and all claims related to the Bounce Platform, the Services, or the Materials.
15. MISCELLANEOUS
15.1. Communications. If you install an app provided by Bounce on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page. We may also send you emails concerning the Bounce Platform and the Services.". Please read our Privacy Policy to learn more about our communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
15.2. Prohibited Conduct. By using Bounce Platform and the Services you represent and warrant to Bounce, Partners, and their Affiliates that you will not (a) use the Bounce Platform and the Services for any illegal purpose or in violation of any applicable laws; (b) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; (c) interfere with security-related features of the Bounce Platform including by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Bounce Platform except to the extent that the activity is expressly permitted by applicable law; (d) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing the Bounce Platform or the Services without permission; (e) sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; (f) collect content or information from any portion of the Bounce Platform using automated means (including through the use of any robot, spider, site search/retrieval application, or other device or method to retrieve, index, “scrape,” or “data mine”); (g) use any content or information about businesses or users that is available on any portion of the Bounce Platform to solicit business from those businesses or users; or attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section and (h) behave in a violent or aggresive manner toward Bounce and its employees, Partners and their employees or their Affiliates.
15.3. Modifications of these Terms. Bounce reserves the right to change these Terms from time to time. We will provide you with notice of the proposed changes by email thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. In case of (i) non-material changes to these Terms or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Bounce Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
15.4. Modifications of the Bounce Platform or the Services. Bounce reserves the right to modify or discontinue the Bounce Platform or the Services at any time (including by limiting or discontinuing certain Services or features of the Services or the Bounce Platform), temporarily or permanently, without notice to you. Bounce, Partners, and their Affiliates will have no liability for any change to the Bounce Platform or the Services or any suspension or termination of your access to or use of the Services or the Bounce Platform.
15.5. Disclaimers; No Warranties. The Bounce Platform, the Services, and all Materials and content made available by Bounce are provided “as is” and on an “as available” basis. Bounce, the Partners, and their Affiliates disclaim all warranties of any kind, whether express or implied, relating to the Bounce Platform, the Services, and all materials and content available through the Bounce Platform, and the Services, including (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of the course of dealing, usage, or trade. Bounce, Partners, and their Affiliates do not warrant that the Bounce Platform, the Services, or any materials or content made available by Bounce, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Bounce, Partners, and their Affiliates do not warrant that any of those issues will be corrected. No advice or information, whether oral or written, obtained by you from the Bounce Platform, the Services or Bounce entities, Partners or their Affiliates, or any Materials or content made available by Bounce will create any warranty regarding any of the Bounce entities, Partners, their Affiliates, the Bounce Platform or the Services that are not expressly stated in these Terms. We are not responsible for any damage that may result from your dealing with any other service user. You understand and agree that you use the Bounce Platform and the Services at your own discretion and risk, and that, other than as set forth above with respect to Bounce in Section 5 (the BounceShield™ Protection ), Bounce, the Partners, and their Affiliates are not responsible for any damage to your property (including your computer system or mobile device used in connection with the Bounce Platform and the Services) and are not obliged to retrieve your Content. The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law. Bounce does not disclaim any warranty or other right that Bounce is prohibited from disclaiming under applicable law.
15.6. Third-Party Services and Linked Websites. Bounce may provide tools through the Bounce Platform that enable you to export information, including User Content, to third-party services. By using one of these tools, you agree that Bounce may transfer that information to the applicable third-party service. Third-party services are not under Bounce’s control, and, to the fullest extent permitted by law, Bounce is not responsible for any third-party service’s use of your exported information. The Bounce Platform may also contain links to third-party websites. Linked websites are not under Bounce’s, the Partner’, or their Affiliates’ control, and Bounce, the Partners, and their Affiliates are not responsible for their content.
15.7. Third-Party Software. The Bounce Platform may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Bounce Platform is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
15.8. Privacy Policy. We collect, use, and disclose information from or about you as described in our Privacy Policy. Additional privacy policies may apply, including from Partners and third-service providers.
15.9. Additional Terms. Your use of the Bounce Platform and the Services are subject to all additional terms, policies, rules, or guidelines applicable to the Bounce Platform and Services that we may post on or link to from the Bounce Platform.
15.10. Other Terms Incorporated by Reference. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Bounce regarding your use of the Bounce Platform and the Services. All Additional Terms are incorporated by this reference into and made a part of, these Terms.
15.11. Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent to Bounce Affiliates or investors" if appropriate.
15.12. Interpreting these Terms. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
15.13. No waiver. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
15.14. Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
15.15.Google Terms. If you access or download our application from the Google Play Store, you agree to Google Play’s Terms of Service.
16. GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with California law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of California law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence. If Bounce wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident.
17. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (US ONLY)
17.1. This Section only applies to you if your country of residence or establishment is the United States. In the interest of resolving disputes between you and Bounce in the most expedient and cost-effective manner, you and Bounce agree that every dispute arising in connection with these Terms, the Bounce Platform, or the Services will be resolved between you and Bounce by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to the Bounce Platform, Services, or to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Bounce are each waiving the right to a trial by jury or to participate in a class action and you are waiving any and all claims against the Partners and their Affiliates arising out of or in connection with, or relating to, the Bounce Platform or the Services.
17.2. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or Bounce to (a) bring an individual action against the other in small claims court; (b) pursue an enforcement action against the other through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief against the other in a court of law in aid of arbitration; or (d) to file suit against the other in a court of law to address an intellectual property infringement claim.
17.3. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within thirty (30) days after the date that you agree to these Terms by sending a letter to Bounce, Inc., Attention: Legal Department – Arbitration Opt-Out, 880 Harrison St. San Francisco, CA 94107-1125 that specifies your full legal name, the email address associated with your account, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Bounce receives your Opt-Out Notice, this Section will be void and any action arising out of these Terms will be resolved as set forth in Section 16. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
17.4. Any arbitration between you and Bounce will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Bounce. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
17.5. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by overnight courier (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Bounce’s address for Notice is: Bounce, Inc., 880 Harrison St. San Francisco, CA 94107-1125. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Bounce may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Bounce must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Bounce in settlement of the dispute prior to the award, Bounce will pay to you the higher of (i) the amount awarded by the arbitrator; or (ii) $10,000.
17.6. If you commence arbitration in accordance with these Terms, Bounce will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco, California but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Bounce for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
17.7. You and Bounce agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Bounce agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.8. If Bounce makes any future change to this arbitration provision, other than a change to Bounce’s address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days of the change to Bounce’s address for Notice of Arbitration, in which case your account with Bounce will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive
Enforceability. If part or the entirety of this Section is found to be unenforceable, or if Bounce receives an Opt-Out Notice from you, then the entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16 will govern any action arising out of or related to these Terms.
By accepting these Terms, you agree to be bound by these Terms.