Terms of Service

“Aggregate Data” means de-identified and aggregated data derived from the Service that cannot reasonably be used to identify any individual Customer or their data.

“Authorized User” means an individual authorized by the Customer to access and use the Service under the Customer’s account.

“Customer Data” means all data submitted by or on behalf of the Customer to the Service, including email content, webhook payloads, DMARC reports, TOTP secrets, and OAuth tokens. Customer Data does not include Aggregate Data.

“Feedback” means suggestions, feature requests, enhancement ideas, or other input provided by the Customer about the Service.

“Fees” means all amounts payable by the Customer under these Terms, including the base subscription fee and any metered usage charges.

“Service” means the Bounce House platform, including its APIs, dashboard, documentation, and all related services made available by Banche Labs at bouncehouse.cloud.

“Subscription Term” means the monthly billing period during which the Customer has an active subscription to the Service.

2.1 License Grant

Subject to these Terms and payment of all applicable Fees, Banche Labs grants the Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the Subscription Term, solely for the Customer’s internal business purposes.

2.2 Use Restrictions

The Customer will not, and will not permit any Authorized User or third party to:

(a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying architecture of the Service;

(b) use the Service to develop, operate, or provide a product or service that competes with or provides substantially similar functionality to the Service, or conduct competitive benchmarking of the Service;

(c) resell, sublicense, redistribute, or make the Service available to any third party other than Authorized Users;

(d) access or attempt to access the Service through unauthorized means, or conduct security testing, penetration testing, or vulnerability scanning without Banche Labs’ prior written consent;

(e) circumvent, disable, or interfere with any usage limits, rate limits, or security features of the Service;

(f) introduce any virus, worm, Trojan horse, or other malicious code to the Service;

(g) use the Service in violation of any applicable law or regulation; or

(h) attempt, or encourage or assist any third party to do, any of the foregoing.

2.3 Acceptable Use Policy

The Customer’s use of the Service is subject to the Acceptable Use Policy, which is incorporated into these Terms by reference. Banche Labs may update the Acceptable Use Policy from time to time. Violation of the Acceptable Use Policy constitutes a material breach of these Terms.

2.4 Customer Responsibilities for Data and DNS

The Customer is responsible for all data submitted to the Service, including email content, webhook payloads, and TOTP secrets. The Customer is solely responsible for any DNS record changes made in connection with the Service, including DMARC TXT records and subdomain MX records, and for restoring those records following termination of the Agreement.

3.1 Credentials and Security

The Customer is responsible for maintaining the confidentiality of all account credentials, API keys, and other access tokens associated with its account. The Customer must notify Banche Labs promptly upon becoming aware of any unauthorized access to or use of its account.

3.2 Authorized User Activity

The Customer is responsible for all activity that occurs under its account, including all actions taken by Authorized Users. Any act or omission by an Authorized User that would constitute a breach of these Terms if taken by the Customer will be deemed a breach by the Customer.

3.3 Account Information

The Customer must provide accurate and complete account and billing information and keep that information current throughout the Subscription Term.

4.1 Subscription Fee

The base subscription fee is $5 per month, billed in advance at the beginning of each Subscription Term.

4.2 Metered Usage

Usage beyond the amounts included in the subscription is billed in arrears based on actual usage at the rates published on the Bounce House pricing page. Banche Labs will charge such metered usage at the end of the applicable billing period.

4.3 Payment Method

The Customer must provide and maintain a valid payment method. By providing a payment method, the Customer authorizes Banche Labs to charge it automatically for all Fees due under these Terms.

4.4 Taxes

The Customer is responsible for all applicable taxes, levies, and duties of any nature arising from the Customer’s purchase and use of the Service, excluding taxes based solely on Banche Labs’ net income. If Banche Labs is required to collect or pay taxes for which the Customer is responsible, the appropriate amount will be charged to the Customer’s payment method.

4.5 Non-Refundable

All Fees are non-refundable except as required by applicable law.

4.6 Late Payment

If the Customer fails to pay any Fees when due, Banche Labs may suspend the Customer’s access to the Service until all outstanding amounts are paid in full. Suspension does not relieve the Customer of its obligation to pay outstanding Fees.

4.7 Fee Changes

Banche Labs may change Fees at any time. The Customer’s continued use of the Service after the fee change takes effect constitutes acceptance of the updated Fees.

5.1 Auto-Renewal

The subscription renews automatically at the end of each monthly Subscription Term. The Customer’s payment method will be charged at the beginning of each renewal period.

5.2 Cancellation by Customer

The Customer may cancel its subscription at any time. Cancellation takes effect at the end of the current billing period. No advance notice period is required. The Customer will retain access to the Service through the end of the paid billing period.

5.3 Termination and Suspension by Banche Labs

Banche Labs may, at its sole discretion, terminate or suspend the Customer’s access to the Service at any time, for any reason or no reason, without liability. Without limiting the foregoing, reasons for termination or suspension may include:

(a) the Customer’s breach of these Terms;

(b) the Customer’s violation of the Acceptable Use Policy;

(c) the Customer’s insolvency or the commencement of bankruptcy proceedings involving the Customer;

(d) if continued provision of the Service would, in Banche Labs’ reasonable determination, violate applicable law; or

(e) any business, operational, or technical reason.

5.4 Discontinuation of Service

Banche Labs may modify, suspend, or discontinue the Service (or any part thereof) at any time, for any reason, without liability.

5.5 Effect of Termination

Upon termination or expiration of the Agreement for any reason:

(a) all rights and licenses granted to the Customer under these Terms terminate immediately;

(b) the Customer must immediately cease all use of the Service;

(c) the Customer must update its DNS records to remove any DMARC RUA/RUF addresses and subdomain MX records that point to the Service;

(d) Banche Labs will delete Customer Data within a commercially reasonable period following the effective date of termination, except as required by law or as described in the Data Processing Addendum; and

(e) Aggregate Data survives termination, as it is de-identified and is not Customer Data.

5.6 Survival

Sections 1 (Definitions), 4 (Fees and Payment, with respect to amounts accrued before termination), 6 (Intellectual Property), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 12 (Dispute Resolution), 13 (Governing Law), 14 (Statute of Limitations), and 17 (General Provisions) survive termination or expiration of the Agreement.

6.1 Banche Labs IP

Banche Labs retains all right, title, and interest in and to the Service, including all software, documentation, APIs, designs, and intellectual property embodied therein. No rights are granted to the Customer except as expressly set forth in these Terms, and Banche Labs reserves all rights not expressly granted.

6.2 Customer Data

The Customer retains all right, title, and interest in and to Customer Data. Banche Labs claims no ownership of Customer Data. The Customer grants Banche Labs a limited, non-exclusive, worldwide license to use, process, and store Customer Data solely as necessary to provide the Service in accordance with these Terms and the Data Processing Addendum.

6.3 Aggregate Data

Banche Labs owns all right, title, and interest in and to Aggregate Data. Banche Labs may use Aggregate Data for any lawful business purpose, including analytics, product improvement, and industry reporting. Banche Labs will not attempt to re-identify any individual Customer or person from Aggregate Data.

6.4 Feedback

If the Customer provides Feedback, the Customer grants Banche Labs a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, incorporate, modify, and create derivative works of such Feedback for any purpose without obligation or compensation to the Customer.

Banche Labs may use the Customer’s name and logo to identify the Customer as a user of the Service, including on Banche Labs’ website and in marketing materials. The Customer may opt out of this use at any time by providing written notice to Banche Labs at legal@banchelabs.com.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BANCHE LABS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

BANCHE LABS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. BANCHE LABS MAKES NO WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.

9.1 Consequential Damages Exclusion

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BANCHE LABS BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF BANCHE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Liability Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BANCHE LABS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE LESSER OF (A) THE TOTAL FEES PAID BY THE CUSTOMER TO BANCHE LABS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (B) ONE HUNDRED DOLLARS ($100).

The Customer will indemnify, defend, and hold harmless Banche Labs and its officers, directors, employees, and agents from and against any third-party claims, demands, suits, or proceedings, and all related damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees), arising from or relating to:

(a) the Customer’s use of the Service in violation of these Terms or applicable law;

(b) Customer Data, including any email content, webhook payloads, or other data processed through the Service;

(c) the Customer’s use of Flow Completion capabilities against services or systems the Customer is not authorized to access; or

(d) the Customer’s violation of any third-party rights.

Banche Labs will provide the Customer with prompt written notice of any such claim. The Customer will have sole control of the defense and settlement of the claim, provided that the Customer may not enter into any settlement that imposes obligations on Banche Labs or admits liability on behalf of Banche Labs without Banche Labs’ prior written consent. Banche Labs will provide reasonable cooperation at the Customer’s expense.

11.1 Privacy Policy

Banche Labs’ collection and use of personal information in connection with the Service is described in the Privacy Policy, which is incorporated into these Terms by reference.

11.2 Data Processing Addendum

To the extent that Banche Labs processes personal data on behalf of the Customer, the parties’ obligations are governed by the Data Processing Addendum, which is incorporated into these Terms by reference.

12.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

12.2 Class Action Waiver

All disputes will be brought in each party’s individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one party’s claims and may not preside over any form of class or representative proceeding.

12.3 Injunctive Relief

Nothing in this Section 12 prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened unauthorized use of intellectual property or security breaches.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action accrues, regardless of any statute of limitations to the contrary. Any claim not brought within this period is permanently barred.

Banche Labs may modify these Terms at any time by posting the revised Terms at bouncehouse.cloud. The Customer’s continued use of the Service after the revised Terms are posted constitutes acceptance of the changes.

Neither party will be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent caused by events beyond the party’s reasonable control, including natural disasters, acts of government, war, terrorism, pandemics, labor disputes, internet or telecommunications failures, or third-party service provider outages.

17.1 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

17.2 Waiver

The failure of either party to enforce any provision of these Terms will not constitute a waiver of that provision or of the right to enforce it at a later time.

17.3 Assignment

The Customer may not assign or transfer these Terms or any rights or obligations hereunder without Banche Labs’ prior written consent. Banche Labs may assign these Terms freely in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section is void.

17.4 No Agency

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.

17.5 Entire Agreement

These Terms, together with the Acceptable Use Policy, Privacy Policy, and Data Processing Addendum, constitute the entire agreement between the parties with respect to the Service and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral.

17.6 Notices

Banche Labs may provide notices to the Customer by email to the address associated with the Customer’s account, by posting to the Service dashboard, or by posting to the bouncehouse.cloud website. The Customer may provide notices to Banche Labs at legal@banchelabs.com.

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

Banche Labs, Inc.
legal@banchelabs.com