Terms of Service
BOND APP INC.
Software Services – Terms of Service
Bond App, Inc. ("Bondapp", "we", or "us") owns and operates a proprietary productivity assistant platform (together with any future software products or services offered by Bondapp and accessed or used by you, the "Services").
These Terms and Conditions (the "Terms", together with any Order Form(s) and the Data Processing Agreement attached as Schedule B, collectively, this "Agreement") govern your access to and use of Bondapp's Services. Capitalized terms used but not otherwise defined herein shall have the meanings given to them in Schedule A.
By accessing or using the Services, or by clicking a button or checking a box marked “I Agree” (or similar), you:
confirm that you have read, understood, and agree to be bound by this Agreement; and
consent to entering into this Agreement electronically and agree that your electronic acceptance satisfies any applicable “writing” or “signature” requirements.
If you do not agree to this Agreement, you may not access or use the Services.
We may update or otherwise modify this Agreement from time to time. If we make material changes, we will post the updated Terms on this page with a “Last Updated” effective date of the revisions. Your continued use of the Services after an update constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
If you are entering into this Agreement on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you are authorized to bind that entity to this Agreement, in which case “you” or “your” refers to that entity (otherwise, such terms refer to you as an individual). If you do not have authority to bind your entity or do not agree with any provision of this Agreement, you must not accept this Agreement and may not use the Services.
IMPORTANT — ARBITRATION + CLASS ACTION WAIVER
Unless you opt out, this Agreement contains a mandatory individual arbitration and class action and jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
You can opt out by contacting founders@bondapp.io within 30 days of accepting these Terms.
1. Services
1.1 Services
Subject to your compliance with this Agreement, Bondapp grants you:
a non-exclusive, non-sublicensable, revocable (only as expressly permitted hereunder), non-transferable (except as expressly permitted hereunder) right to access and use the Services during the Term, solely for your internal business purposes, in accordance with any other terms set forth in the then-current Order Form; and
a non-exclusive, non-sublicensable, non-transferable license to use the Documentation during the Term, solely for your internal business purposes in connection with use of the Services.
1.2 Restrictions
Except as expressly permitted by this Agreement, you will not (and will not permit any third party, including Authorized Users, to) use the Services beyond the scope expressly granted. You will not, directly or indirectly:
(a) copy, modify, or create derivative works of the Services or Documentation;
(b) reverse engineer, disassemble, decompile, decode, or attempt to improperly access the software component of the Services;
(c) share passwords or allow unauthorized access to the Services;
(d) use the Services in any manner or for any purpose that infringes third-party IP or other rights or violates applicable law;
(e) disrupt or interfere with the Services or its data;
(f) use unauthorized tools to access or search the Services; or
(g) use the Services, Documentation, or Bondapp Confidential Information to develop competing products or copy ideas, features, functions, or graphics of the Services.
1.3 Authorized Users
You will not permit any person or entity other than your Authorized Users to access, use, or operate the Services.
You are fully and directly responsible for:
(a) any act or omission by each Authorized User in connection with their use of the Services; and
(b) any use of the Services through your account, whether authorized or unauthorized.
You will use (and require Authorized Users to use) reasonable means to secure usernames and passwords, hardware, and software used to access the Services, and will promptly notify us if you know or reasonably suspect that any credentials have been compromised.
Each account may only be accessed and used by the specific Authorized User for whom such account is created.
1.4 Modification, Suspension, or Termination
We may:
modify, deprecate, or update the Services (in whole or in part) at any time during the Term; and
without liability, immediately suspend, terminate, or limit access to the Services if we reasonably suspect a violation of this Agreement.
We have no liability for damages, liabilities, or losses resulting from any suspension, limitation, or termination.
1.5 Third-Party Services
The Services may allow you and your Authorized Users to interact with Third Party Connector(s) providing Third-Party Services.
Bondapp does not provide or take responsibility for Third-Party Services, including compatibility issues or errors. You are solely responsible for:
your use of Third-Party Services;
obtaining any licenses and consents needed; and
security and configuration of such Third-Party Connector(s).
Where you enable Third-Party Connector(s), you authorize Bondapp to access and Process Customer Data from them solely to provide the Services.
2. Fees and Payment
2.1 Fees
You will pay Bondapp the Fees set forth in the applicable Order Form. All Fees are non-refundable, and neither party may set off, discount, reduce, or refuse to pay amounts due.
Unless otherwise stated in an Order Form, we may change Fees at the end of the relevant Order Form Term with 30 days’ prior written notice.
If you have automatic billing enabled, we will charge your selected payment method on the applicable payment date, including taxes.
If we cannot charge your payment method, you remain responsible for uncollected amounts. We may attempt to charge again if payment details are updated. We may update payment method information if provided by your financial institution (as permitted by law).
We may charge interest on late payments at 1.5% per month or the maximum rate permitted by law (whichever is higher) and may suspend access until all payments are made in full. You will reimburse Bondapp for collection costs (including attorneys’ fees).
2.2 Trial Term
Certain Order Forms may specify:
a one-time implementation fee payable upon the Effective Date; and/or
a paid one-month trial period (the "Trial Term").
Where a paid trial applies, the Services will be provided for the Trial Term against the trial fees stated in the Order Form.
2.3 Payment
Unless you give Bondapp written notice of non-renewal at least five (5) days before the end of the Trial Term, the subscription will automatically convert into a twelve (12) month Initial Order Form Term, and Bondapp will begin invoicing monthly.
Fees are payable monthly in arrears unless the Order Form states otherwise.
2.4 Taxes
You are responsible for all sales, use, ad valorem, or other taxes on any amounts payable hereunder, other than taxes imposed on Bondapp’s income.
3. Suspension; Termination
3.1 Order Form Term
If you have entered into an Order Form, this Agreement begins on the Effective Date set forth therein and continues while an Order Form remains in effect (the "Term").
Each Order Form is effective for its initial term (the "Order Form Initial Term"). Unless otherwise stated, each Order Form renews automatically for successive twelve (12) month renewal terms (each, an "Order Form Renewal Term"). Together, the initial and renewal terms are the "Order Form Term".
Either party may provide at least sixty (60) days’ written notice of non-renewal before the end of the then-current Order Form Term.
If you have not entered into an Order Form, this Section 3.1 does not apply.
3.2 Termination
(a) Either party may terminate effective at the end of the then-current Order Form Term by providing written notice of non-renewal per Section 3.1.
(b) We may immediately suspend or terminate access if we reasonably believe you violated this Agreement, and may modify or stop providing all or portions of the Services (as permitted by law). You may stop using the Services at any time. We are not responsible for loss or harm related to inability to access or use the Services.
3.3 Effect of Termination
Termination does not affect your obligation to pay amounts owed prior to the effective date of termination.
If termination is by you, you remain liable for all Fees due for the entire remaining applicable Term, regardless of actual usage or early termination.
For thirty (30) days following termination (upon written request), Bondapp will make available an export of your Output and other Customer Data stored in the Services in a commonly used, machine-readable format.
After that 30-day period, Bondapp will delete or destroy Customer Data per standard backup/deletion cycles, and in any event within ninety (90) days after termination, except where retention is required by law.
3.4 Survival
Sections related to Restrictions, Authorized Users, Fees and Payment, Effect of Termination, Survival, IP Rights, Confidentiality, Representations and Warranties, Indemnification, Limitation of Liability, General Provisions, and any other provisions that by their nature are intended to survive, shall survive termination.
4. IP Rights
4.1 Bondapp
Bondapp (and its licensors, where applicable) retains all rights, title, and interest in and to the Bondapp IP. No rights are granted except as expressly set forth.
4.2 Customer
(a) You grant Bondapp a non-exclusive, worldwide, sublicensable, royalty-free license to host, Process, and otherwise use Customer Data during the applicable Order Form Term solely to provide the Services, in accordance with this Agreement and the DPA. Bondapp will not use Customer Data or Output to train or improve any general-purpose or foundation models, provide services to other customers, or for advertising, marketing, or product analytics.
(b) You grant Bondapp a limited, non-exclusive, royalty-free license to use and display your name, trademarks, and logos (“Your Marks”) with your prior written approval each time, for marketing and promotion, including publicly naming you as a client during or after the Term. All goodwill inures to your benefit.
4.3 Feedback
You grant Bondapp a perpetual, royalty-free license to use feedback you provide for Bondapp’s business purposes, including improving the Services. Bondapp may profit from feedback without compensating or crediting you. Feedback is not your trade secret.
5. Confidentiality
5.1 Non-Disclosure of Confidential Information
Each party will protect the other’s Confidential Information and not use or disclose it except as necessary to perform the Services.
Confidential Information includes non-public information designated confidential or that a reasonable person would understand to be confidential. Bondapp’s Confidential Information includes non-public elements of the Services.
5.2 Exceptions
Confidentiality does not apply to information that is public, previously known, rightfully received from a third party without breach, independently developed without reference, or legally required to be disclosed.
6. Representations and Warranties
6.1 Representations and Warranties
You represent and warrant that:
you have all rights, authority, consents, and licenses for Customer Data access and use;
you will comply with applicable laws; and
Bondapp’s use of Customer Data as permitted will not breach third-party agreements.
6.2 Disclaimer
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES AND OTHER BONDAPP IP ARE PROVIDED “AS IS”.
To the maximum extent permitted by law, Bondapp disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, commercial result, non-infringement, and any warranties arising from course of dealing or usage of trade.
Bondapp disclaims any warranty that the Services will be error-free, bug-free, or uninterrupted. Bondapp’s only obligations are those expressly stated.
You understand Output may be inaccurate, incomplete, or time-sensitive and does not constitute professional advice. You are solely responsible for reviewing Output and determining suitability.
No uptime or performance SLAs apply unless expressly stated in an Order Form.
7. Indemnification
You will defend Bondapp against any third-party claim arising from:
(a) Customer Data (or our use thereof);
(b) your use of the Services in violation of this Agreement, third-party rights, or law; or
(c) your products or services.
You will indemnify and hold Bondapp harmless from damages and costs awarded or paid in settlement.
Bondapp will: (i) promptly notify you, (ii) give you sole control of defense and settlement (subject to Bondapp approval of settlements), and (iii) provide reasonable assistance at your cost.
8. Limitation of Liability
8.1 Exclusion of Damages
Neither party is liable for lost revenue, profits, business, sales, or for incidental, indirect, punitive, special, or consequential damages arising from or related to the Agreement, the Bondapp IP, or the Services, under any theory, even if advised of the possibility.
8.2 Total Liability
Bondapp’s aggregate liability shall not exceed the total amounts paid by you for the Services in the three (3) month period preceding the event giving rise to the claim.
8.3 Basis of the Bargain
These limitations are an essential part of the bargain and apply even if remedies fail their essential purpose.
9. Arbitration; Class Action Waiver; Jury Trial Waiver
PLEASE READ THIS SECTION CAREFULLY.
9.1 Arbitration Agreement
For any dispute, you agree to first contact us at founders@bondapp.io and attempt informal resolution. If unresolved, you agree to resolve disputes through binding arbitration via the American Arbitration Association (AAA).
9.2 Arbitration Procedure
(a) Arbitration will be before a single AAA-appointed arbitrator under AAA rules. The decision is final and binding.
(b) Arbitration will be conducted by telephone, online, and/or written submissions, chosen by the initiating party, without personal appearances unless mutually agreed. Judgment may be entered in any court of competent jurisdiction.
(c) Claims must be initiated within two (2) years of accrual or are time-barred.
9.3 Cost of Arbitration
Each party pays its own attorneys’ fees subject to applicable law. Where required by law, Bondapp will pay arbitrator/arbitration fees. Otherwise fees are apportioned under applicable law, as determined by the arbitrator.
9.4 Exceptions
Bondapp may seek injunctive relief in court to stop unauthorized use/abuse or IP infringement without first engaging informal resolution.
9.5 Class Action Waiver; Jury Trial Waiver
You may only resolve disputes on an individual basis and may not bring class, consolidated, representative, or private attorney general actions.
If a claim proceeds in court rather than arbitration, both parties waive any right to a jury trial.
9.6 Opt-Out
You can opt out of this dispute resolution process by contacting founders@bondapp.io within 30 days of first accepting these Terms and stating that you decline it (include your first and last name).
9.7 Acknowledgement
By not opting out, you waive any right to a jury trial to which you may otherwise be entitled.
9.8 Venue if Opt-Out or Invalid
If you opt out or if the arbitration provision is unenforceable, disputes will be subject to state and federal courts in San Francisco County, California, and both parties submit to personal jurisdiction and venue there. Any court dispute proceeds on an individual, non-class basis, and both parties waive jury trial.
10. General Provisions
10.1 Order of Precedence
If there is a conflict: (1) Order Form, (2) DPA, (3) these Terms. Higher-precedence documents control to the extent of conflict.
10.2 Governing Law
Delaware law governs, without regard to conflict-of-laws rules.
10.3 Force Majeure
Neither party is liable for delay/default (except non-payment) caused by events beyond reasonable control, including acts of God, government restrictions, epidemics, terrorism, war, insurrections, or major disruptions affecting essential third-party infrastructure.
10.4 Notices
Notices must be in writing and delivered by email (with confirmation). Notices to Bondapp: founders@bondapp.io.
We may send Communications electronically (including email or posting in the Services). Electronic communications satisfy writing requirements and are deemed received on transmission, whether or not read. You may withdraw consent by deactivating your account.
10.5 Export Control
You will not export or re-export any technical data, software, process, product, service, or system obtained from Bondapp without complying with U.S. and other applicable export/import laws.
10.6 Subcontracting
We may use subcontractors and remain responsible for them. For third-party vendors (including hosting), we use commercially reasonable efforts to guard against damages/issues, but are not liable for vendor acts/omissions unless finally adjudicated to result directly from Bondapp’s gross negligence or willful misconduct.
10.7 Assignment
You may not assign this Agreement except in connection with a merger, acquisition, majority equity sale, sale of substantially all assets related to this Agreement, or similar transaction. This Agreement binds and benefits permitted successors and assigns.
10.8 Entire Agreement
This Agreement is the entire agreement and supersedes prior or contemporaneous agreements on the subject matter. Amendments or waivers must be in a writing signed by both parties.
10.9 No Waiver
Failure to enforce a provision is not a waiver.
10.10 Relationship
Nothing creates a joint venture, partnership, or agency. Neither party may bind the other except as expressly stated. No third-party beneficiaries.
10.11 Enforceability
If a provision is invalid/unforceable, it is deemed amended to the minimum extent necessary to be valid and enforceable consistent with intent.
10.12 Counterparts
This Agreement may be executed in counterparts. Electronic signatures have the same effect as originals.
Schedule A — Definitions
"Authorized User" means any natural person who is your employee or contractor and who (a) you authorize to use the Services and (b) receives an account issued by Bondapp.
"Bondapp IP" means the Services and underlying software, algorithms, interfaces, technology, databases, tools, know-how, processes and methods used to provide the Services, Documentation, and Operational Data, and all improvements, modifications, enhancements, and derivative works, and all IP Rights in the foregoing.
"Customer Data" means any data, files, messages, documents, or other content captured through the Services or otherwise made available to Bondapp by you or your Authorized Users, including data retrieved via Third-Party Services or the webapp.
"Documentation" means operator and user manuals, training materials, specifications, and similar materials provided by Bondapp, as updated from time to time.
"IP Rights" means patent rights, inventions, copyrights, trade secrets, know-how, data and database rights, mask work rights, and any other intellectual property rights recognized worldwide.
"Operational Data" means aggregated and/or de-identified technical or usage data derived from use of the Services, processed solely to operate, secure, support, and bill for the Services, excluding Customer Data, Output, and Personal Data.
"Output" means content generated by the Services based on Customer Data or other inputs, including briefings, alerts, dashboards, reports, insights, and stored content powering daily briefings or “chief of staff” functionality.
"Order Form" means any ordering document, SOW, online sign-up, email, or written agreement that sets out Services/plan/professional services and references this Agreement.
"Third-Party Connector(s)" means Third-Party Services (e.g., Slack or internal tools) from which the Services retrieve Customer Data or to which the Services send Output.
"Third-Party Services" means third-party applications, tools, or services connected to the Services to retrieve or send data.
Schedule B — Data Protection Agreement (DPA)
This DPA forms an exhibit to the Bondapp Software Services – Terms of Service and is an integral part of the Agreement between Bondapp and the Customer. In case of conflict between this DPA and the Terms, this DPA governs.
Background
The Customer acts as the Controller.
The Customer wishes to outsource certain services involving Processing of Personal Data to Bondapp as Processor.
The parties intend to comply with GDPR and other applicable data protection laws, including Article 28 GDPR.
1. Definitions
Definitions are as used in the GDPR unless stated otherwise. Other capitalized terms have the meanings in the Agreement.
"EU SCCs" refers to the EU Standard Contractual Clauses under Implementing Decision (EU) 2021/914 (4 June 2021), as completed and supplemented by Bondapp, available at:
https://compliance.bondapp.io/documents
"UK Addendum" refers to the UK International Data Transfer Addendum, available at:
https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/international-transfers/
2. Legal framework
Processing must comply with applicable data protection laws including GDPR, UK DPA 2018, Swiss FADP, and other applicable privacy laws, as amended.
3. Scope and purpose
3.1
Processor shall Process Personal Data on behalf of Controller.
3.2
Controller may demand rectification, deletion, blocking, or making data available as permitted by this DPA.
3.3
Processor shall Process Personal Data only within documented instructions and within the limits described in Annex 1, unless required by law.
4. Term and data retention
4.1
This DPA is effective for the duration of the Agreement unless otherwise agreed.
4.2
Unless otherwise instructed, Controller instructs Processor to retain raw input Personal Data from third-party internal tools or uploaded sources for up to twelve (12) months where necessary to provide the Services, including contextualization. After the retention period, raw Personal Data will be deleted or irreversibly anonymized per Processor practices. Derived Output and necessary metadata may be retained as described in 4.3.
4.3
Upon expiry, Processor will (at Controller’s choice) return or delete/anonymize Personal Data unless legal retention is required. If Controller does not instruct within thirty (30) days after termination, Processor will apply the default process under the Terms: export availability + deletion within standard cycles and in any event within ninety (90) days after termination.
5. Obligations of the Controller
Controller commits that Personal Data is lawfully collected and processed, processing is for legitimate purposes, and Controller provides information necessary for Processor to comply.
6. Obligations of the Processor
6.1 Processing on documented instructions
Processor shall Process Personal Data only under documented instructions and for described purposes unless required by law (and will inform Controller unless prohibited). If an instruction violates law, Processor will notify Controller.
6.2 Confidentiality
Processor ensures persons authorized to process Personal Data maintain confidentiality.
6.3 Technical and organizational measures
Processor implements appropriate security measures per Article 32 GDPR. Measures are described in compliance documentation available at:
https://compliance.bondapp.io/documents
Processor will keep documentation accessible and will not materially reduce security.
6.4 Cross-border transfers
Parties will not engage in cross-border transfers without lawful mechanisms:
EEA: Module 2 EU SCCs or other lawful mechanism; if Customer not established in EEA, Customer will appoint an Article 27 representative.
UK: EU SCCs + UK Addendum or other lawful mechanism.
Switzerland: EU SCCs with Switzerland-specific amendments described in the DPA text.
Bondapp is the data importer; Customer is the data exporter; Annex 1 provides supplementary information. Where conflicts exist, SCCs/Addendum prevail.
6.5 Subprocessors
Controller grants general authorization to engage subprocessors listed at:
https://compliance.bondapp.io/subprocessors
Processor will notify Controller of intended changes, and Controller has fourteen (14) calendar days to object on reasonable data protection grounds. If no objection, deemed accepted. Processor remains liable for subprocessors’ obligations.
6.6 Assistance and cooperation
Processor assists Controller with data subject rights requests, breach notification obligations, DPIAs, and prior consultations. Costs are borne by Controller unless caused by Processor negligence, willful misconduct, or breach.
6.6.1 Supervisory Authority interactions
Processor complies with reasonable requests and informs Controller of breaches or inspections (unless legally prohibited).
6.6.2 Data subject requests
Processor refers data subject requests to Controller and assists as needed.
6.6.3 Data breaches
Processor notifies Controller without undue delay upon becoming aware and cooperates on investigation, mitigation, and remediation.
6.6.4 DPIAs and prior consultations
Processor provides reasonable assistance for DPIAs and consultations.
6.7 Audits
Processor allows Controller to audit compliance under this DPA with fourteen (14) days’ advance notice during normal business hours.
7. Liability
7.1
Both Parties are liable to data subjects under Article 82 GDPR.
7.2
Processor is liable for direct damages from shortcomings under this DPA, excluding indirect damages. Total liability is capped by the limitation in Section 8 of the Terms.
Annex 1 — Scope of Processing
1. Controller / Data Exporter
Name: The customer/company named on the associated Order Form
Address & Point of Contact: The details associated with Customer’s Bondapp account, or as specified in the Order Form
Activities: Use of the Bondapp platform and Services
2. Processor / Data Importer
Name: Bond App, Inc.
Address: 850 New Burton Road, Suite 201, Dover, Delaware 19904, United States
Activities: Provision of AI-powered data processing services, including retrieval, synchronization, transformation, analysis, and output generation based on Customer Data, plus storage of Output and metadata for providing the Services
Point of Contact: Chloe Samaha, CEO — founders@bondapp.io
3. Subject matter of Processing
Processing concerns Personal Data within Customer Data submitted to or integrated into the Bondapp platform to provide the Services.
4. Duration of Processing
Processing begins when the Agreement takes effect and continues until expiry/termination, including post-termination retention/deletion as described in Clause 4 of the DPA.
5. Nature and purpose of Processing
Processing includes (without limitation):
enabling authorized users to access and use the platform (authentication, account management, support);
aggregating, structuring, analyzing, and summarizing business information from uploads/integrations;
generating briefings, alerts, updates, dashboards, reports, and insights;
identifying tasks, deadlines, risks, blockers, and follow-ups and communicating updates;
organizing and tracking tasks, meetings, documents, and workflows for internal leadership/operations.
6. Types of Personal Data
Personal Data within Customer Data may include (without limitation):
identification data (names, contact details);
professional data (tasks, KPIs, roles, compensation info);
communications data (email content, messages, meeting notes, chat logs, summaries);
financial/transaction-related data (sales, expenses, commissions, targets linked to individuals);
other Personal Data uploaded or integrated by Controller.
7. Categories of Data Subjects
Authorized users designated by Controller (officers, employees, consultants, representatives);
individuals whose Personal Data appears in Customer Data (employees, contractors, clients, suppliers, contacts, or others referenced in documents/communications/systems).
8. Data retention
As set out in Clause 4 of the DPA.