Terms of Service
Welcome to Bonboarding SL. (“Company”, “we”, “our”, “us”). The Company is a Spanish entity with a registered address at
C/ Roger de Llúira 57 - Planta 1 Piso 3,
Barcelona, 08003
Spain
C.I.F. (Spanish tax identification number) B06827018
The Company is registered in the Commercial Registry of Barcelona page B-563994, folio 37, volume 47884.
You may contact us by sending an email to [email protected].
1. General
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://bonboarding.com (the “Site”) operated by Bonboarding SL; the creation of online product tours, the subsequent collection, storage, and related information management, and any other services as may be offered by us from time to time (the “Services”).
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.
If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by sending an email to [email protected] so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Service.
2. Purpose of the Site
The purpose of the Site is to provide general and business information about the company’s activities and to allow users who have created an account (respecting the Terms of Service to use the services provided by us) to:
- configure online onboarding flows and guides
- integrate them into their website
- present the guides to their users
- generate analytics based on the user interactions
- interact with our platform (API)
- and other services that we can provide from time to time
(instinctively called “Services”).
3. Account
In order to access the Services, you will need to register and create an account in the Site (the “Account”).
When you create an account with us, you guarantee that you are above the age of 13.
You must provide true, current, complete, and accurate information, as requested during the registration process, that refers to you. You cannot sign up or otherwise create an account with us on behalf of a third party.
You are responsible for maintaining the security of your account and password. Bonboarding cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you shall be subject to our Privacy Policy.
One person or legal entity may not maintain more than one free account.
Account ownership is based on the data provided when signing up and, to this end, it is important as mentioned above that all information you have submitted is true, accurate, current, and complete. You undertake to notify us of any changes to the information submitted upon sign-up or thereafter so as to keep any information we may have in our records current and accurate. Note that when you are providing your information and accepting these Terms, you are entering into an agreement with us that describes which are the obligations we have with regard to each other. If you have problems accessing or logging in to the Services, please contact us.
Once an Account has been successfully created, Services will be available and ready to use. Note, however, that certain features are only available to certain plans and are subject to prior payment of the corresponding fees, so access to and use of certain functionalities and Services under said Accounts is subject to said payment requirements.
You may not use Bonboarding for any illegal or unauthorized purpose. You must not, in the use of the Bonboarding Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
4. Subscriptions
The Service is billed on a subscription basis (“Subscription(s)”). Our Service is billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription, and all payments are non-refundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for service periods unused with an open account.
If you exceed the monthly active user allowance in your subscription, the Company will notify you, and it has the right to upgrade your subscription to the next package or to pause providing further Services until the next Billing Period or until you upgrade your subscription to the next package.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Bonboarding SL. cancels it. You may cancel your Subscription renewal either through your online account page or by contacting us at [email protected].
You must provide current, complete, and accurate billing and payment information. By submitting such payment information, you automatically authorize Bonboarding SL and our billing agent to charge all Subscription fees incurred through your account to any such payment instruments.
Free accounts are not required to provide a credit card number.
Should automatic billing fail to occur for any reason, Bonboarding SL. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
All fees are exempt from all taxes, levies, or duties imposed by tax authorities, and you are responsible for paying all such taxes, levies, or duties, except for US** **taxes (federal or state) or European VAT. You agree to pay for any such taxes that might be applicable to your use of the Sevices and payments made by you herein.
5. Free Usage
Bonboarding SL. may, at its sole discretion, offer a Subscription with a free tier for its clients with a limited monthly active user base (“Free Tier”).
You are not required to enter your billing information in order to sign up for a Free user.
If you exceed the monthly active user allowance in your Free Tier, the Company will notify you, and it will not provide further Service until the next Billing Period or until you upgrade your subscription to the next package.
At any time and without notice, Bonboarding SL. reserves the right to modify the Terms of Service the Free Tier offer or cancel such Free Tier offer.
6. Fee Changes
Bonboarding SL., in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Bonboarding SL. will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
7. Refunds
There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for service periods unused with an open account. In order to treat everyone equally, no exceptions will be made.
8. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
Copyright and Content Ownership
By posting Content on or through Service, You represent and warrant that:
- Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms
- The posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
Bonboarding SL. may, in the exercise of its sole discretion, remove or delete any entries, information, materials, or other content that violates these Terms of Service or that is otherwise objectionable.
We reserve the right to terminate the account of anyone found to be infringing on a copyright.
We claim no intellectual property rights over the content submitted or created exclusively in your Bonboarding account. Any content that is yours remains yours.
These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Services to you.
We take no responsibility and assume no liability for Content you or any third party posts on or through Service.
However, by posting Content using Service you grant us the right and license to store, use, modify such Content, and perform, display, reproduce and distribute such Content on and through Service to your users.
Bonboarding SL. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service is the property of Bonboarding SL. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
9. Intellectual property
The look and feel of the Bonboarding Site and Services are © 2021 Bonboarding, SL. all rights reserved. You may not duplicate, copy, or reuse any portion of the code or visual design elements without express written permission.
10. Violation of these Terms of Service
Bonboarding reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Bonboarding may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Bonboarding has no obligation to prescreen or monitor your access to or use of the Bonboarding Site or any information, materials or other content provided or made available through the Bonboarding Site, but has the right to do so. You hereby agree that Bonboarding may, in the exercise of Bonboarding’s’ sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
11. Modifications to the Bonboarding Site and Services
Bonboarding reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Bonboarding Site (or any part thereof) with or without notice.
Bonboarding shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Bonboarding Services.
Bonboarding reserves the right, at any time and in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Terms. Bonboarding will inform you about such revisions by email and/or by a notice on https://bonboarding.com/legal/terms/ and/or during log in. Unless indicated otherwise, such revisions affecting existing Bonboarding Services shall be effective at the earlier of your acceptance, or thirty (30) days after posting.
If any future changes to these Terms are unacceptable to you or cause you to no longer be in agreement or compliance with these Terms, you may terminate these Terms in accordance with the account cancellation.
12. Suspension and termination of the Account
a. Termination or suspension by the Company
We are entitled to suspend your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account, as well as when you fail to comply with these Terms or other mandatory provisions by law. Upon the occurrence of any of these, we will contact you and request you to remedy your breach of these Terms.
We are entitled to terminate your Account in the event you fail to redress any Terms breach in the non-extendable term of ten (10) calendar days from the notification date. Additionally, your Account may be terminated in the event you substantially breach these Terms, including without limitation any case in which the Account is used to commit fraud (e.g. to carry out phishing attacks) or willfully addressed to breach the law. Account termination may result in data loss.
Finally, we may terminate your Account should you oppose the appointment of any sub-processor, as further detailed in our Privacy Policy.
b. Termination by you
You may terminate your Account at any time by using the account termination option or contacting us. If you terminate your Account you may still be able to access the Site, but you will not have access to the Services, features, and content that are available to Account holders.
Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Bonboarding once your account is canceled. Please be aware that Bonboarding may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellation will take effect at the end of your current service period. Upon the commencement of a new service period, the Bonboarding Site will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your service period.
13. Limitations of Liability
To the maximum extent permitted by applicable law, in no event will the Company, or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable for any indirect, consequential, incidental, exemplary, punitive, or special damages, including without limitation any damages to or for loss of data, revenue, profits, goodwill, or other intangible losses arising from or relating to these Terms, your Account, or the Services. To the maximum extent permitted under applicable law, this limitation will apply to all claims under all theories of law and equity.
Company’s maximum, aggregate or cumulative liability to you, for direct damages or under these Terms (including any other contractual obligations), tort (including negligence and statutory duty) or otherwise shall not exceed the total maximum amount equivalent to fees paid to the Company in the last six (6) months preceding the date in which the damage took place.
Limitation and/or exclusion of liability and warranties may be limited in certain jurisdictions. To the extent that the limitations and exclusions cannot be enforced or are considered void or illegal, either in whole or in part, said sections shall be construed and enforced in the sense of limiting the scope, duration and/or extent of the liability and/or warranty provision at issue. Nothing in these Terms shall be understood to limit or exclude your liability for the price owed in excess of any liability caps hereunder.
14. Indemnity
You agree to indemnify and hold Bonboarding, its parents, subsidiaries, affiliates, officers, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, use of your account by any third party, the violation of the terms of use by you, or the infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity.
15. Representations and warranties. Disclaimer of warranties and damages
In addition to any other representations and warranties included in these Terms, we both warrant and represent that we have the full power and authority to enter into these Terms and that any approvals, consents, and permissions, if any, have been obtained.
In addition, you further warrant and represent that you will (i) use the Services in accordance with the provisions of these Terms as well as any reasonable instructions delivered by the Company—or by any of our authorized representatives— from time to time; (ii) any contents or data used in connection with the Services will be uploaded, processed or otherwise used and acquired having obtained any necessary approvals, authorizations or licenses, and complying with any applicable laws, rules, regulations, directives and governmental requirements in the field of privacy, intellectual property and/or image rights; and (iii) provide your reasonable cooperation in the event that we need any evidence to prove before competent authorities and/or courts about the satisfaction of the requirements or consents referred therein.
To the fullest extent permitted by applicable law, the Site and the Services are provided “as is”, “with all faults” and “as available” and the entire risk of use and performance remains with you. The Company disclaims any representations, warranties, or conditions, express, implied, or statutory, including, without limitation, (i) the implied warranties of merchantability, fitness for a particular purpose, and non-infringement; and (ii) that the Services and the Site will be available or provided on an uninterrupted, error-free, timely, or secure basis, will be free be error-free or free from viruses, worms, or other harmful or malicious components.
No oral advice or written information given by the Company nor any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Price and availability information is subject to change without notice.
You may have additional rights under your local laws that these Terms cannot supersede and, in any such cases, the Company’s liability is limited in accordance with and to the extent permissible under said local laws.
16. Publicity
You grant Bonboarding the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications, subject to your standard trademark usage guidelines as provided to us from time to time. If you don’t want to be listed, you may send an email to [email protected] declining to be used as a reference.
17. Applicable law and jurisdiction
These Terms shall be governed and construed in accordance with Spanish law, without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute that may arise from or in connection to us and/or the Site or the Services shall be subject to the jurisdiction of the courts in Barcelona, Spain.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Bonboarding.
18. Contact Us
You can contact us in case you have any doubts, comments, or concerns by any of the following means:
By post:
Bonboarding Sl.
c\ Roger de Llúria 57 - Planta 1 Puerta 3
08009 – Barcelona (Spain)
By email:
[email protected]