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Terms of Service

Effective:  · Last updated:

Welcome to BouncePlatform. These Terms of Service (“Terms”) govern your access to and use of the BouncePlatform website located at bounceplatform.com (the “Site”), our software-as-a-service platform, and all related services (collectively, the “Service”). The Service is provided by BouncePlatform (“Company,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1.

Definitions

“Operator” means any individual or business entity that subscribes to the Service to manage a bounce house, inflatable, or party rental business.

“End Customer” means any person who books, rents, or otherwise engages with an Operator through the Service, including by completing booking forms, signing waivers, or making payments.

“Content” means any data, text, images, photos, videos, or other materials uploaded to or generated through the Service.

“Subscription Plan” means the pricing tier selected by an Operator, which determines the features, limits, and fees applicable to the Operator’s use of the Service.

2.

Account Registration and Eligibility

To use the Service as an Operator, you must create an account and provide accurate, current, and complete information. You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.

Service Description

BouncePlatform provides a cloud-based software platform designed for bounce house and inflatable rental operators. The Service may include, but is not limited to, the following features: online booking and reservation management; inventory and asset tracking; customer relationship management; digital liability waiver collection and storage; delivery route planning and optimization; payment processing through integrated third-party providers; website and booking page generation; automated communications including email and SMS notifications; reporting and analytics; and any additional features we may introduce from time to time.

Feature availability varies by Subscription Plan. We reserve the right to modify, add, or remove features at any time, with reasonable notice to affected Operators.

4.

Subscription Plans, Fees, and Payment

The Service is offered under various Subscription Plans with corresponding fees as published on the Site. By selecting a Subscription Plan, you agree to pay the applicable fees. All fees are billed in advance on a monthly or annual basis, depending on the billing cycle you select.

Fees are non-refundable except as expressly stated in these Terms or as required by applicable law. We reserve the right to change pricing with at least 30 days’ written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

If payment fails or your account becomes past due, we may suspend or restrict access to the Service until payment is received. You are responsible for any taxes applicable to your use of the Service.

5.

Free Trials and Promotional Offers

We may offer free trials or promotional pricing at our discretion. Unless you cancel before the end of a free trial period, your account will automatically convert to a paid Subscription Plan at the then-current rate. We reserve the right to limit free trial eligibility to one trial per person or business entity.

6.

Payment Processing

The Service integrates with Stripe and potentially other third-party payment processors to facilitate payment collection between Operators and End Customers. When you enable payment processing through the Service, you agree to be bound by the applicable payment processor’s terms of service (including, where applicable, the Stripe Connected Account Agreement).

BouncePlatform is not a payment processor and does not hold, control, or have custody of funds collected through third-party payment integrations. We are not responsible for any errors, failures, or disputes arising from payment processing. Transaction fees charged by the payment processor are separate from and in addition to BouncePlatform subscription fees.

Operators are solely responsible for managing refunds, chargebacks, and payment disputes with their End Customers through the applicable payment processor.

7.

Digital Waivers and Liability Releases

The Service provides tools for Operators to create, distribute, and collect digital liability waivers from End Customers. Operators are solely responsible for the content, legal sufficiency, and enforceability of any waivers created or collected through the Service. BouncePlatform does not provide legal advice and makes no representation that any waiver template or collected waiver will be legally enforceable in any jurisdiction.

Operators are strongly encouraged to consult with a qualified attorney to ensure their waivers comply with applicable local, state, and federal laws. BouncePlatform stores collected waivers on behalf of Operators but assumes no liability for the legal validity of such documents.

8.

Automated Communications

The Service enables Operators to send automated email and SMS communications to End Customers, including booking confirmations, reminders, and follow-ups. Operators are solely responsible for ensuring that their use of these communication features complies with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any applicable state laws governing electronic communications. Operators must obtain all necessary consents from End Customers before sending automated communications.

BouncePlatform provides the tools to facilitate these communications but is not responsible for Operators’ compliance with applicable messaging and communication laws.

9.

Operator Responsibilities

As an Operator, you represent and warrant that: you hold all necessary licenses, permits, and insurance required to operate your rental business in your jurisdiction; all equipment listed through the Service is safe, properly maintained, and complies with applicable safety standards; you will comply with all applicable laws and regulations, including consumer protection laws, in your interactions with End Customers; you are solely responsible for the safety of your equipment and the experiences of your End Customers; and any content you upload to the Service does not infringe on the intellectual property rights of any third party.

10.

End Customer Terms

End Customers who interact with the Service through an Operator’s booking page, waiver form, or other Operator-facing tools are subject to these Terms to the extent applicable. End Customers acknowledge that their contractual relationship for rental services is with the Operator, not with BouncePlatform. BouncePlatform is a technology provider and is not a party to any rental agreement between an Operator and an End Customer.

For clarity, the dispute resolution and arbitration provisions in Section 19 of these Terms apply exclusively to disputes between BouncePlatform and Operators. Any disputes between End Customers and Operators are governed by the Operator’s own terms and policies. Any disputes between End Customers and BouncePlatform regarding the Service itself shall be resolved in the courts specified in Section 20.

11.

Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other materials, is owned by BouncePlatform or its licensors and is protected by copyright, trademark, and other intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose during the term of your subscription.

You retain ownership of all Content you upload to the Service. By uploading Content, you grant BouncePlatform a non-exclusive, worldwide, royalty-free license to use, store, reproduce, and display such Content solely for the purpose of providing and improving the Service.

12.

Prohibited Uses

You agree not to: use the Service for any unlawful purpose or in violation of any applicable law; attempt to reverse engineer, decompile, or disassemble the Service; interfere with or disrupt the integrity or performance of the Service; access the Service through automated means (bots, scrapers, etc.) without our prior written consent; sublicense, resell, or redistribute access to the Service to third parties; upload any malicious code, viruses, or harmful content; impersonate any person or entity or misrepresent your affiliation with any person or entity; use the Service to send unsolicited communications or spam; or use the Service to collect, store, or process data in violation of applicable privacy laws.

13.

Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at bounceplatform.com/privacy-policy to understand how we collect, use, and protect your information.

Operators acknowledge that they act as the data controller for End Customer data collected through the Service, and that BouncePlatform acts as a data processor on the Operator’s behalf. Operators are responsible for ensuring they have a lawful basis for collecting and processing End Customer data and for providing appropriate privacy notices to their End Customers.

14.

Service Availability and Support

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance with reasonable advance notice. We are not liable for any downtime, data loss, or service interruptions, whether planned or unplanned.

Support is provided via email at support@bounceplatform.com. Response times and support availability may vary by Subscription Plan.

15.

Term and Termination

These Terms are effective upon your first use of the Service and remain in effect until terminated. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period, and no refund will be issued for the remaining period.

We may suspend or terminate your access to the Service immediately, without prior notice, if: you breach these Terms; your account is past due for more than 15 days; we are required to do so by law; or we determine, in our sole discretion, that your use of the Service poses a risk to the Service, other users, or third parties.

Upon termination, your right to access the Service ceases immediately. We will make your data available for export for 30 days following termination. After that period, we may delete your data in accordance with our data retention policies. Sections 7, 11, 16, 17, 18, 19, and 20 shall survive termination of these Terms.

16.

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BOUNCEPLATFORM DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE.

BOUNCEPLATFORM DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY OPERATOR’S EQUIPMENT, SERVICES, OR BUSINESS PRACTICES. BOUNCEPLATFORM IS A TECHNOLOGY PLATFORM AND IS NOT RESPONSIBLE FOR THE SAFETY, QUALITY, OR LEGALITY OF ANY RENTAL EQUIPMENT OR SERVICES OFFERED BY OPERATORS.

17.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOUNCEPLATFORM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO BOUNCEPLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18.

Indemnification

You agree to indemnify, defend, and hold harmless BouncePlatform and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: your use of the Service; your breach of these Terms; your violation of any applicable law; any dispute between you and an End Customer; any claim that your Content infringes on the intellectual property rights of a third party; any personal injury or property damage resulting from your rental equipment or services; or your failure to comply with applicable communications laws, including the TCPA and CAN-SPAM Act.

19.

Dispute Resolution

19.1

Applicability

This Section applies exclusively to disputes between BouncePlatform and Operators arising out of or relating to these Terms or the Service.

19.2

Informal Resolution

Before initiating any formal dispute resolution proceeding, the parties agree to first attempt to resolve the dispute through informal negotiation. The aggrieved party shall send a written notice describing the dispute to the other party. The parties shall have 30 days from receipt of such notice to attempt to resolve the dispute informally.

19.3

Binding Arbitration

If the dispute cannot be resolved informally within 30 days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Kankakee County, Illinois. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys’ fees, unless the arbitrator determines otherwise.

19.4

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

19.5

Exceptions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.

20.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. For any disputes not subject to arbitration under Section 19 (including disputes involving End Customers), the parties consent to the exclusive jurisdiction of the state and federal courts located in Kankakee County, Illinois.

21.

Modifications to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site, updating the “Effective Date” above, and sending an email notification to the email address associated with your account. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription.

22.

General Provisions

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and BouncePlatform regarding the Service and supersede all prior agreements, representations, and understandings.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure. BouncePlatform shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or third-party service outages.

Notices. Notices to BouncePlatform shall be sent to the address listed in Section 23. Notices to you will be sent to the email address associated with your account. Email notices are deemed received on the date sent.

23.

Contact Information

If you have any questions about these Terms, please contact us at:

BouncePlatform

279 Barrington Lane

Bourbonnais, Illinois 60914

Email: support@bounceplatform.com

Website: bounceplatform.com