Terms of Use
Contents
- Certain Use Limitations
- Use of the Services
- Artificial Intelligence, Data & Intellectual Property
- Third-Party Information
- Links to Third-Party Sites
- Global Availability
- Privacy
- Your Account
- Respecting Copyright
- Software Available on This Website
- Intellectual Property Rights
- Trademark Information
- Indemnification
- Modification of Terms
- Disclaimer and Release
- Limitation of Liability
- Governing Law / Arbitration
- Communications and Text Messaging
- Use of Services / Suspension
- Contact Information
- Rights to Syndicate
- Miscellaneous
- Notices
Bonner Veterinary Media LLC, (collectively "Bonner," "website," "site," "we," "our," or "us") is the owner of a proprietary web-based software application (the "SaaS Application"), Mobile Application ("Mobile App") and AI Feature (the "AI Feature") called WoofNote and website, www.woofnote.com. The website, both Applications and AI Feature are collectively the "Services." WoofNote is an AI-powered veterinary documentation platform that allows veterinary professionals to audio-record clinical exams and automatically generate complete SOAP notes, dental charts, lab result interpretations, imaging reports, and client-facing care summaries (WoofPlans). It eliminates manual note-taking so vets can focus on the patient. The AI Feature transcribes audio recordings of veterinary exams using speech-to-text, then analyzes the transcript to generate structured SOAP notes, dental findings, lab interpretations, and client summaries. It also powers a compliance checker that audits notes against AVMA medical record standards.
The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your ("Your," "You," or "User") access to and use of this website (the "Website") and use of the Services.
Please read the Terms of Use carefully before you start to use the Website or Services. By using the Website or Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Services.
This Website and Services are offered and available to users who are 18 years old or older. By using this Website or Services you represent and warrant that you are of legal age to form a binding contract with Bonner. If you are not 18 years old or older, you must not access or use the Website or Services.
1. Certain Use Limitations
The Services should be used as a decision support tool by licensed veterinarians only. The Services shall not be used as a substitute for professional judgment, and all AI-generated outputs must be reviewed by a licensed veterinarian.
The website is offered to you free of charge to view, while other Services, including accessing Our SaaS Application, Mobile Application and AI Feature through our Services are fee based and you are required to execute Our Subscription Agreement to use our SaaS Application and also pay all related fees, and also agree to this Terms of Use for accessing Our Mobile Application.
Bonner grants you a non-exclusive, non-transferable, limited permission to access and display only the Web pages within this site as a user, customer or potential customer of the Services provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Web site as permitted by this Web site's robots.txt protocol, and Bonner may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature. All other use of this site is prohibited. All rights not expressly granted herein are reserved.
You may not copy, modify, distribute, sell, or lease any part of our Website or Services, nor may you reverse engineer, decompile or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
Except for the limited permission in the preceding paragraphs, Bonner does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
You agree that at any time in our sole discretion, without notice to you and without liability of any kind, we may make improvements and/or changes to this Website, restrict or terminate your access to or use of any part or all of the Website, or refuse, move, or remove any material that you submitted to the Website.
You represent, warrant, and agree that any information or materials you submit to or post on the Website (a) shall be true, accurate, and current; (b) will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (c) will not be fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (d) will not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another's use of the Website; (e) will not promote illegal or harmful activities; and (f) will not be illegal, unlawful or contrary to any applicable laws or regulations where created, displayed, or accessed.
You agree not to (and not to assist any third party to): (a) engage in commercial use of the Website or Services or any content on the Website or Services; (b) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, reverse engineer, decompile, create derivative works, or otherwise use any portion of the content or Software offered on the Website or Services for other than your own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Website; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website; (e) collect or harvest any information about other users for any purpose; (f) reformat or frame any portion of the web pages that are part of the Website; (g) create user accounts by automated means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as "spam" to other users; (i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (j) use the Website to violate the security of any computer network, crack passwords or security encryption codes; (k) copy or modify the HTML code used to generate web pages on the Website; (l) use any device, software or procedure that interferes with the proper working of the Website; (m) take any action that imposes an unreasonable or disproportionately large load on our IT infrastructure; (n) modify, adapt, translate, or reverse engineer any portion of the Website; (o) use the Website to violate any law or regulation; or (p) use the Website for any purpose that is unlawful or prohibited or unauthorized by these Terms of Use.
2. Use of the Services
2.1 Registration
Registration and setting up a Bonner account are required to view most of your Customer Content/Input as part of the Services, to use certain functionality of the Services, to post your Customer Content/Input and to participate in programs we may sponsor from time to time. We offer a free trial for twenty-one (21) days with access to the Services. Please note: your free-trial subscription will automatically renew as a paid subscription unless you cancel at least 24 hours before the end of the free-trial subscription period or, if you purchased through the Apple Store or Google Play, before the end of the trial period. There are no sign up, cancellation or registration fees. To access all of the features of the Services you are required to pay a monthly or yearly subscription fee.
2.2 Account
You shall provide Bonner with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Bonner account. You may not (i) select or use, as a user name, a name of another person with the intent to impersonate that person; (ii) use, as a username, a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. Bonner reserves the right to refuse registration of, or cancel a Bonner account in its sole discretion. You are solely responsible for the activity that occurs on your Bonner account, and you must keep your Bonner account password secure. You must notify Bonner immediately of any breach of security or unauthorized use of your Bonner account. Although Bonner will not be liable for your losses caused by any unauthorized use of your Bonner account, you may be liable for the losses of Bonner or others due to such unauthorized use. You also have the ability to sign into the App using your Google or Apple accounts.
2.3 Mobile Device
Use of the Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
Bonner hereby grants you a personal, non-exclusive, non-transferable license to install and use the Bonner Services on Your Device solely for the purpose of seeking to use the Bonner Services for the Mobile Application. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of, the Bonner Services (or any data associated therewith) with any third party. You agree that: (i) use of the Bonner Services on Your Device requires an active data plan with a wireless carrier associated with Your Device, which data plan will be provided by you at your own expense; and (ii) use of the Bonner Services on Your Device as an interface with the Bonner Services may consume very large amounts of data through the data plan. Bonner SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN.
Notice Regarding Apple. You acknowledge that these Terms are between you and Bonner only, not with Apple, and Apple is not responsible for any Apps or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and request that Apple refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to any Apps. Apple is not responsible for addressing any claims by you or any third party relating to any Apps or your possession and/or use of any of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that any of the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that any App or your possession and use of any of the Apps infringe that third party's intellectual property rights. Apple, and Apple's subsidiaries, are third-party beneficiaries of this section of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this section of these Terms against you as a third-party beneficiary of these Terms.
2.4 In-App Purchases
Through the Services, all of your purchases while using the Mobile App are done through Stripe. We are not responsible nor have any liability if you suffer any damages of any kind from your use of the products and services offered by Stripe. You agree that you are subject to the terms and conditions and privacy policies of Stripe. https://stripe.com/legal/consumer. https://stripe.com/privacy. Bonner is not a party to any In App Purchase.
2.5 Subscription Plans
Bonner offers a free trial for twenty-one (21) days to access the Bonner Mobile App. We will amend these Terms to notify you if and when Bonner will start to charge a fee to access the Bonner Mobile App.
To access all of the features of the Services you are required to pay either a monthly or yearly subscription fee. Payments are processed and facilitated by Stripe. Available plans: Solo DVM ($69/month or $690/year) and Clinic ($149/month or $1,488/year), both with 21-day free trials.
Solo DVM subscriptions are licensed for use by a single licensed veterinarian and their authorized supporting staff (such as veterinary technicians, assistants, and receptionists operating under that veterinarian's direction). If a solo DVM hires any additional veterinarians (whether an employee or independent contractor) then the solo DVM is required to pay fees for additional subscriptions.
Clinic subscriptions are licensed for use by up to five licensed veterinarians and their authorized supporting staff. Customers who operate clinics are required to pay fees for additional subscriptions if, during any subscription term, the clinic exceeds five licensed veterinarians.
2.6 Subscription Changes, Cancellation, Refunds and Account Deletion
Adjustment of Subscription Terms: We reserve the right, at our sole discretion, to modify, suspend, or terminate any subscription service or replace, change, or update any part of these subscription terms at any time. This includes, but is not limited to, changing the scope of the subscription services, subscription fees, billing methods, and service features.
Price Changes: We may change subscription pricing. Apple/Google may require you to affirmatively accept price increases before renewal.
Notification of Changes: We will provide advance notice before any new subscription terms or price changes take effect. Notification will be sent to the email address associated with your account or will be prominently displayed on our service platform.
Continued Use After Changes: Your continued use of the subscription service after the notice period constitutes your acceptance of the changes. If you do not agree with the changes, you have the right to cancel your subscription before the new terms or prices take effect.
Auto-Renewal: Subscriptions for the mobile app automatically renew unless cancelled through the WoofNote app/settings or through Stripe's customer portal.
Cancellation Rights: If you do not wish to continue with the subscription under the new terms or pricing, you may cancel your subscription by following the cancellation procedures provided in your account settings or as otherwise provided in our service communications. All cancellations will take effect starting at the end of the then current billing period. You may uninstall Services paid applications at any time at your discretion. All purchases of paid applications are non-refundable.
Effect of Cancellation: Upon cancellation, you will lose access to the subscription services after the end of your current billing cycle, and no further charges will be applied to your account for the canceled subscription service.
Refunds: App store subscribers are subject to Apple's or Google's refund policies. Bonner has no ability to issue refunds for app store purchases. Bonner cannot guarantee refunds and cannot override Apple/Google decisions.
Account Deletion: The user may request deletion of their account and all associated data by clicking on the app settings/delete account. Upon confirmed deletion, all personal and financial data is purged from Bonner systems in accordance with applicable privacy law (including CCPA). Third-party platform subscriptions (App Store / Google Play) must be cancelled by the user separately through those platforms — Bonner cannot cancel App Store or Google Play subscriptions on the user's behalf.
2.7 Payment
Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the ordering form or payment terms on the website for the Services. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. Bonner will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
2.8 Merchant of Record
When users subscribe through Apple or Google, the app store is the merchant of record. Apple/Google handles payment processing, refunds, chargebacks, and sales tax collection. Bonner receives net revenue after platform commission.
2.9 Third-Party Services and Links
The Services may rely on or integrate third-party services including Gemini API, AWS, Apple App Store and Google Play (billing), and Stripe (billing). Bonner is not responsible for third-party services. Your use of third-party services is subject to their terms and policies.
3. Artificial Intelligence, Data and Intellectual Property
3.1 Artificial Intelligence
The Bonner's Services include the use of predictive algorithms (the "AI Feature") commonly referred to as artificial intelligence technologies. Customer agrees and acknowledges that: (a) the quality of the outputs resulting from predictive algorithms depends largely from the quality of the inputs, (b) the predictive algorithms analyzes the Input based on pre-determined and pre-identified parameters, and unless an Order Form specifies otherwise, the outputs from the Bonner's Services depend on the parameters identified as part of the implementation, (c) the choice of parameters and the types of Your Content inputted in the Bonner's Services may carry assumptions, bias and limitations which will affect the effectiveness, quality, representativeness and accuracy of the outputs, (d) the algorithms within the Bonner's Services do not replace decision-making — they are intended to provide additional knowledge to support judgment by natural individuals, and not to replace judgment, and Customer remains responsible for any judgments and decisions taken as a result of the outputs, and (e) Applicable Laws may provide for additional requirements regarding the use of artificial intelligence technologies in certain contexts or projects, and Customer is solely responsible for identifying and complying with such requirements.
3.2 Accuracy
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, the use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
When you use our Services, you understand and agree: Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice. You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services. You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person. Our Services may provide incomplete, incorrect, or offensive Output that does not represent Bonner's views.
3.3 Definitions
"Your Data" or "Your Content" means all electronic data or personal information submitted, uploaded, imported, processed through, collected from, made available by, produced by or resulting from your use of the Services regardless of whether or not the Data is owned by You during the time you use the Services. Your Data may include information that is inputted by you ("Your Content/Inputs") into the Services, including name (if provided), email address, account profile information, preferences and financial goals, your support communications, and conversation messages you enter into the Services. All of your Data has been designed, created, and provided solely by you without the participation or involvement of Bonner. You are responsible for ensuring that you have all the rights and permissions needed for you, Bonner, and third-party vendors to use your Data in connection with the Services.
"Your Content/Inputs" means all data, text, audio, files, images, documents, prompts, instructions, and other materials that Customer (or its users) submits to the Services, including any data uploaded or integrated through APIs ("Inputs"). Customer represents and warrants that it has all rights, licenses, and permissions needed to provide Input to Bonner's Services.
"Outputs" means the responses, recommendations, predictions, reports, summaries, classifications, or other content generated by the AI Services based on Your Content and Your use of the Services.
"Usage Data" means data and technical and operational information about Your access to or use of the Services, such as login events, telemetry, metadata, analytics, system activity, API calls, feature usage, performance metrics, diagnostic information, and error logs, but not the substance of Your Content or Outputs.
"Aggregated Data" means data that has been combined with other customers' data that has been aggregated, anonymized, or de-identified such that it cannot reasonably be used to identify Customer, any individual, or any specific customer usage patterns.
"Derived Data" means insights, statistics, trends, or analytical information created from processing Usage Data or Aggregated Data, provided that such data does not identify Customer or reveal Your Content.
"Training Data" means data used to train, fine-tune, improve, or build machine learning models, including foundation models, vendor models, or customer-specific models.
Misuse of AI Output: You shall not use the Services to generate fraudulent, deceptive, or illegal content, or to impersonate Bonner or a licensed professional.
3.4 Customer Ownership
You own all Your Content (Inputs). You own the Outputs generated, with the exception that Bonner owns all Usage Data, Derived Data, and Aggregated Data.
3.5 License to Provide Services
You grant a revocable license and consent to Bonner to store and process Your Data and use Your Data that you upload to the Services or provide to third-party vendors that is uploaded to the Services or that we may collect about you through the Services, in compliance with Our Privacy Policy and these Terms of Use.
3.6 AI Training Restriction
Bonner will not use Your Content, Inputs, or Customer-specific Outputs to train, fine-tune, or improve any artificial intelligence or machine learning models without Your prior written consent. Bonner may use Usage Data (e.g., logs, telemetry), Aggregated Data (fully de-identified), and Derived Data. Such data will not identify you and will not include Your Content. Bonner will not use Your Content for cross-customer model training or generalized AI training datasets.
3.7 Ownership of Usage, Derived & Aggregated Data
Bonner owns all right, title, and interest in and to Usage Data, Aggregated Data, and any Derived Data, including all intellectual property rights therein. Usage Data, Aggregated Data, and Derived Data: (a) do not constitute Your Content; (b) do not identify Customer or any individual; and (c) are not considered derivative works of Your Content.
Permitted Use: Bonner may collect, use, process, analyze, modify, and create derivative works from Usage Data, Aggregated Data, and Derived Data for any lawful business purpose, including: (a) operating, maintaining, and improving the Services; (b) developing analytics, benchmarks, and insights; and (c) developing, training, testing, and improving machine learning models, provided that no Your Content is used for such purposes. Bonner will not attempt to re-identify such data.
Commercialization: Bonner may commercialize, license, sell, share, publish, and otherwise exploit Usage Data, Aggregated Data, and Derived Data in any form, provided that such data: (i) is aggregated and/or de-identified; (ii) does not identify you or any individual; and (iii) does not include or disclose Your Content or your specific Outputs. Bonner will not sell, license, disclose, or otherwise make available Your Content or your specific Outputs to any third party except as necessary to provide the Services. Bonner will not attempt to re-identify you or any individual from Aggregated Data or Derived Data. For clarity, the rights granted in this Section do not permit Bonner to use Your Content, Inputs, or Customer-specific Outputs for training or improving general-purpose or shared machine learning models.
3.8 Vendor Intellectual Property / Services Ownership
You agree that all rights, title, and interest in and to all intellectual property rights in the Services and Documentation (including without limitation (i) the software code and source code collectively created and used to provide the Services including all interfaces, workflows, and documentation, improvements, enhancements, and modifications; (ii) the underlying technology used to generate Output and Content; (iii) key performance indicators (KPIs); (iv) any pre-existing materials or technology used by Bonner; and (v) all Usage Data owned by Bonner) are protected under copyright, trademark and other laws and are retained and owned exclusively by Bonner or its licensors.
3.9 Intellectual Property Protection; Trade Secrets; Use Restrictions
You acknowledge and agree that Bonner's machine learning models, algorithms, architectures, system designs, training methodologies, workflows, parameter weights, embeddings, documentation, and all related improvements and derivatives (collectively, the "Models") constitute valuable proprietary information and trade secrets of Bonner. Bonner retains all right, title, and interest in and to the Models and all intellectual property rights therein, and no rights are granted to Customer except the limited right to access and use the Services in accordance with this Agreement.
Except as expressly permitted herein, you shall not, and shall not permit any third party to, directly or indirectly: (a) access, copy, reverse engineer, decompile, disassemble, derive source code from, or otherwise attempt to discover the underlying structure, design, parameters, weights, or functioning of the Services and Models; (b) benchmark, test, evaluate, or analyze the Services or Models for purposes of competitive comparison, public disclosure, or publication without Bonner's prior written consent; (c) use the Services or any outputs to develop, train, validate, or improve any competing products, services, or models; or (d) engage in model extraction, model inversion, training data reconstruction, prompt harvesting, automated querying, or any other activity intended to infer, replicate, or reproduce the Models or Bonner's proprietary technology.
You acknowledge that any breach of this Section would cause irreparable harm to Bonner for which monetary damages would be inadequate, and Bonner shall be entitled to injunctive relief and all other remedies available at law or in equity. The obligations and restrictions outlined in this Section shall survive any termination or expiration of this Agreement for so long as the Models or related information remain confidential or constitute trade secrets under applicable law.
3.10 AI Disclaimer
You acknowledge: AI outputs may be inaccurate, incomplete, or biased. Outputs are not professional advice. You are responsible for all decisions and use. Bonner is not liable for output accuracy or third-party AI systems.
4. Third-Party Information, Materials, Products and Services
This Website may feature information, materials, products, and services provided by third parties, which may include content providers, payment processors, advertisers, and other users (collectively, the "Third Party Information"). All such information, materials, products, and services made available by a third party are those of the third party and not us. We make no representation or warranty with respect to, nor do we guarantee or endorse, and we disclaim any express or implied warranty relating to, the accuracy, completeness, quality, timeliness, non-infringing nature, legality, condition, or reliability of any third party information, materials, products, or services.
You agree that we have no responsibility or duty to review, pre-screen, or approve, and that we shall not be responsible or liable for, any third party information, materials, products, or services or any loss or damage of any kind suffered by you or any third party arising out of or relating to any of them.
If you choose to communicate or contract with any third party, or use any information, materials, services or products of any third party, you agree that you will address any issues or disputes regarding such matters directly with the third party, and not us. You acknowledge that your participation in any services provided by a third party or purchase of any product from a third party will constitute your consent to such third party's terms of service or terms of use with respect to such service or product.
5. Links to Third-Party Sites
This Website may contain links, inline frames, feeds, embedded content to or from websites (collectively, "Third Party Links" or "Links") operated by parties other than Bonner. Such links are provided for your convenience only, and do not indicate any endorsement of the material on such websites or any association with their operators. You agree that Bonner is not responsible or liable for such websites, the availability or contents of such websites, any products or services they offer, or any damages any of the foregoing may cause you.
6. Global Availability
Bonner's services are available in the US only.
7. Privacy
You agree that we may collect, use, and share information about you in any manner permitted by the Privacy Policy posted on this Website.
8. Your Account
You agree that you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your password or your account. You agree: (a) that you will not disclose your Site password to anyone, (b) that you will not allow others to utilize your account, (c) to ensure that you fully exit from your account at the end of each session, (d) to immediately change your password if you become aware that your account has been compromised, (e) to immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (f) that you will be solely responsible for safeguarding your password and for any actions taken under your password or account, whether authorized by you or not.
9. Respecting Copyright
We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Website or Services any infringing material that we become aware of. And if Bonner becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
If you believe that anything on the website infringes a copyright that you own or control, please contact us at support@woofnote.com. If you file a notice, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3), including: the physical or electronic signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work; identification of the infringing material with information sufficient to locate it; your contact information; a good-faith belief statement; and a statement of accuracy under penalty of perjury.
10. Software Available on This Website
Any software that is made available to download from this Website or the Services ("Software") is the copyrighted work of Bonner and/or its suppliers. Your use of any Software is governed by the terms of the customer Subscription Agreement, if any, that accompanies or is included with the Software. You may not install or use any Software that is accompanied by or includes a license agreement unless you first agree to the license agreement terms.
All Software, including without limitation all code and active controls contained in this Website and the Services is owned by Bonner and/or its suppliers and is protected by copyright laws and international treaty provisions. Any unlicensed reproduction or redistribution of any Software is expressly prohibited by law, and may result in severe civil and criminal penalties.
11. Intellectual Property Rights
You acknowledge that all intellectual property rights in the website and Services, and the Documents anywhere in the world belong to Bonner or our licensors, that rights in them are licensed (not sold) to you, and that you have no rights in, or to, the Services or the Documents other than the right to use each of them in accordance with these Terms. You acknowledge that you have no right to have access to the website or Services in source-code form.
12. Trademark Information
You agree that all of Bonner's trademarks, trade names, service marks, and other logos and brand features that are displayed via the website and Services (collectively, the "Marks") are trademarks and the property of Bonner. You agree not to display or use Our Marks in any manner without Our prior permission. Sponsor and third party website trademarks are the property of the respective Sponsors and third parties.
13. Indemnification
You agree to indemnify, defend, and hold harmless Bonner and its affiliates from any claims, damages, liabilities, losses, and expenses (including attorneys' fees) arising out of: Your Data; Your user input and content; your use of the Service; your violation of these Terms; your violation of any law; your reliance on AI outputs; your misuse of connected account data; or your violation of third-party rights.
13.1 User Indemnification for Input Data Bias
You shall indemnify, defend, and hold harmless Bonner, its affiliates, and their respective officers, directors, employees, agents, and contractors (collectively, "Bonner Indemnitees") from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: (a) Bias in Your Input Data; (b) Biased Outputs that reflect, incorporate, or amplify bias from your Input Data; (c) Discriminatory Decisions based on Service outputs; (d) Downstream Harm suffered by individuals or groups as a result of biased outputs derived from your Input Data; (e) Regulatory Violations of anti-discrimination laws or algorithmic accountability regulations; (f) Employment Claims alleging discriminatory decisions based on biased Service outputs; (g) Consumer Protection Claims alleging unfair or deceptive practices; (h) Civil Rights Violations under federal, state, or local civil rights laws; (i) Your Failure to Test or Validate for bias; or (j) Inappropriate Use of Services for high-stakes decisions without appropriate safeguards.
14. Modification of Terms of Use
Bonner reserves the right to change these Terms of Use, and any other terms of use on the Website, at any time in its sole discretion, without prior notice and without liability to you of any kind, by posting the modified Terms of Use on this Website. By using the Website after our posting of any changes to these Terms of Use, you agree to the changes and the modified terms. All changes shall be effective immediately upon posting, shall apply prospectively only, and no change shall apply to any dispute, controversy or claim pending or in progress at, or arising before or out of events occurring before, the time of the change.
15. Disclaimer and Release
15.1 Disclaimer for the Input and Output
15.2 Disclaimer — Input Data
16. Limitation of Liability
IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT'S ACTS OR OMISSIONS ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED.
16.1 AI Guidance Risk Allocation
You acknowledge that AI outputs may be wrong or misleading, and you agree that Bonner is not liable for any damages arising from your reliance on AI-generated responses.
17. Governing Law / Arbitration
By using the Bonner Website or Services, you agree that the laws of the State of Alabama without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Bonner.
Bonner's performance of this agreement is subject to existing laws and legal process. You may not assign or transfer any of your rights or obligations under these Terms of Use without our prior written consent. We may assign any and all of our rights and obligations freely at any time without notice. Our failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter.
18. Communications and Text Messaging Terms
When you use the Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your voluntary provision to Bonner of your cell phone number represents your consent that Bonner may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. When you provide your phone number to Bonner, you warrant that you are the current subscriber or authorized user of the relevant account. You understand and agree that such messages may be sent using automated technology. You may unsubscribe from receiving text messages from Bonner at any time by replying "STOP" from the mobile device receiving the messages.
If you change or deactivate the phone number you provided to Bonner, you have an affirmative obligation to immediately update your account information to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you.
You must comply with all applicable laws when using the website and services, including privacy and data protection laws. You are responsible for complying with all telephone recording laws and requirements, including notifying parties that telephone calls are being recorded when required. You are also responsible for complying with the Telephone Consumer Protection Act (TCPA), including ensuring that all voice calls, text messages and any other commercial electronic messages are sent with the recipients' valid consent.
19. Use of the Bonner Services / Suspension
19.1 Your Conduct on the Bonner Services
When you use the Bonner Services, you agree: to use the Bonner Services only in a lawful manner and only for its intended purposes; not to submit viruses or other malicious code; not to use the Bonner Services for purposes that violate the law; not to use the Bonner Services for purposes of competing with Bonner or to promote other products or services; not to post content that is pornographic, threatening, harassing, abusive, or defamatory; not to use the Bonner Services only for your own purposes, and not to impersonate any other person; not to transfer or authorize the use of your account by any other person; not to provide false information in your profile or registration; and not to interfere with our provision of, or any other user's use of, the Bonner Services.
19.2 Suspension and Termination
You understand and agree that we have no obligation to provide the Bonner Services in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Bonner Services: (1) if in our discretion your conduct on the Site or Bonner Services is inappropriate, unsafe, dishonest, or in breach of these Terms; or (2) if necessary in our discretion to protect Bonner, its users, or the public. You may suspend or terminate your use of the Bonner Services at any time and for any reason. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
20. Contact Information
21. Rights to Syndicate Images, Content, and Listings
You hereby grant to Bonner, its subsidiaries, affiliates, and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use, any and all content that are displayed or submitted to this Website.
22. Miscellaneous
Nothing contained in this agreement shall be deemed or interpreted to constitute the relationship between you and us as a legal partnership, agency, joint venture or any other relationship in which either you or we are responsible for or shall incur liability to outside parties as a result of the actions or omissions of the other. This agreement shall not be for the benefit of, or enforceable by, any person or entity not a party hereto.
Severability: In the event that any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect to the degree necessary to preserve the intent of the parties.
23. Notices
Any notice required or permitted to be given under this agreement shall be in writing and shall be deemed to have been duly given: when received if personally delivered; when transmitted if transmitted by electronic mail (Email) and a receipt is obtained; the day after it is sent if delivered by overnight delivery service and a receipt is obtained; and five days after it is sent if mailed, first class certified mail, return receipt requested, proper postage prepaid. In each case notices shall be sent to the last known address of the other party.