Bonfyre for Microsoft Teams License and Terms of Use 

These Terms of Use (“Terms”) govern the  access and/or use of Bonfyre for Microsoft Teams application (the “App”) and/or any of the products, features or services integrating or using  the App functionality (collectively, “Services”) offered by Bonfyre Inc., a Delaware corporation, (“Bonfyre”, “We”, “Us”) and/or by third parties integrating Bonfyre functionality (collectively, “Services”). “Licensee” means any commercial customer of Bonfyre who has entered into an agreement (a “Bonfyre Customer Contract”) with Bonfyre . “User”  is any user of the App and/or the Services.. “You” or “you” refers to you, as a User.

 

TO THE EXTENT ANY PROVISION OF THESE TERMS APPLIES TO A LICENSEE, THESE TERMS ARE QUALIFIED IN THEIR ENTIRETY IN THE CASE OF SUCH LICENSEE BY THE PROVISIONS OF SUCH LICENSEE’S BONFYRE CUSTOMER CONTRACT.

General

 

By accessing and/or using any of the App or the Services) (including without limitation by responding to a broadcast, survey or message) you consent and agree to these Terms.

 

Privacy Policy

Each User consents and agrees to the provisions of the Bonfyre for Microsoft Teams Privacy Policy ((https://bonfyreapp.com/privacy-policy-teams) (the “Privacy Policy”) and to the collection and usage of data as permitted or contemplated thereby.

 

Acceptable Use

 

Each User agrees that:

 

• Such User will be an employee of a commercial customer of Bonfyre (“Licensee”) and of at least 18 years of age; will have been authorized by the Licensee to download and install the App); and will access and use the App and the Services only in compliance with the policies and procedures of the Licensee;

 

• Its applicable Licensee will provide administrative support and management of the deployment of the Bonfyre for Microsoft Teams App to such User and such User’s access and use thereof and of the applicable Service and has obtained any necessary consents from such User (including any with regard to privacy and protection of their data);

 

• Bonfyre has no special relationship or fiduciary duty to such User with regard to Content or otherwise; such User is solely responsible for its use of the App and/or the Services (including conduct, Content, User data and communications with others and the use of any data used or collected); and will not post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable or collect social security numbers, credit card numbers, passwords, or other similar types of sensitive information or invite, or post or share Content or communications with any person not eligible as a User under the preceding paragraph;

 

• Such User will use the App and the Services (including all nudges and other data compiled, collected or produced) in compliance with all applicable laws and regulations and will not violate any rights of third parties (including any copyright, patent, trademark, trade secret or proprietary, property, privacy, contractual or other right);

 

• Such User shall not (i) resell, sublicense, lease, time-share, service bureau or otherwise make the App or the Services available to any third party, (ii) attempt to gain unauthorized access to, or make copies of, or disrupt the integrity or performance of the App or the Services  or any of the information, output, data, compilations (or other works), insights or analyses generated or  contained therein or (iii) attempt to decipher, decompile, disassemble, or reverse engineer or make copies of any of the software underlying, or used to provide, the App or the Services;

 

• Such User will not introduce or transmit any trojan, virus or other malicious code into Bonfyre’s computer and network environment.

 

 

Objectionable Content

 

Bonfyre has a zero-tolerance policy against child pornography and other objectionable content, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

 If the Content is determined to be Objectionable Content, the Content will be promptly removed and, depending on the circumstances, the User posting the Content will be terminated as a user of the App and the Services.

 

Data

 

Each Licensee owns its applicable Licensee Data (which may include Your Information, as defined in the Privacy Policy).. “Licensee Data” means, in the case of any Licensee,  all information, Content and data (other than App Data) which is generated, collected or received in connection with  the access and use of the App and the Services by the Users associated with such Licensee.

 

Bonfyre owns all App Data.  “App Data” means all Content, data and information which is aggregated, anonymous and/or de-identified and which is generated, received, created, collected, compiled or reported  by, from or with respect to the App and Services, including, without limitation, all NPID and NPID Assets (as defined in the Privacy Policy) in connection with the access and use of the App and the Services by the  Users.

 

Bonfyre does not guarantee that any information, Content (whether or not User Content) or data (“Data”) will be made available on the App or through the Services. Bonfyre has no obligation to monitor the App, the Services, or any Data. However, Bonfyre reserves the right to (i) remove, suspend, edit, block or modify any Data in its sole discretion, at any time, without notice to you, if such Data is illegal or otherwise objectionable or upon receipt of claims or allegations from third parties or authorities relating to such Data or if Bonfyre  is concerned that a  Licensee is in breach of its obligations under the Bonfyre Customer Agreement (or that a User is in breach of its obligations under these Terms). Bonfyre also reserves the right to access, read, preserve, and disclose any information as Bonfyre reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use(or a Bonfyre Customer Agreement), including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Bonfyre, its users and the public.

 

Third Party Sites and Services

 

Bonfyre uses Amazon Web Services (“AWS”) as its third-party hosting provider and data center (and in such capacities, as subcontractor) and may use other third party service providers as contemplated by the Privacy Policy.

 

The Services may permit a User to link to other websites, services or resources on the Internet and other websites, services or resources may contain links to the Sites– collectively “Third Parties”. When a User accesses, relies on or uses Third Parties or any of their Content or services, it do so at its own risk. Bonfyre is not responsible or liable for the Content, functions, accuracy, legality, appropriateness or any other aspect of Third Parties. The inclusion of any Third Party does not imply endorsement by Bonfyre or any association with its operators.

 

Bonfyre Representations

 

Bonfyre makes no  warranties of any kind, express, implied or statutory, to any Person, including without limitation that (a) the App or the Services will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any Content or software available at or through the App or the Services is free of viruses or other harmful components.

 

Bonfyre Intellectual Property

 

Each User acknowledges that Bonfyre owns  all right, title and interest in and to (i) the Bonfyre for Microsoft Teams App  and the Culture Coach™ Product, and all underlying functionality (and each of the components thereof) and all software related or applicable thereto, in each case as now or hereafter constituted, (ii) all nudges and  the Bonfyre proprietary library of Culture Coach™ recommended actions and the Bonfyre proprietary behavior nudge system (including  all  data, analyses, compilations and other works included in or related to any thereof ), in each case as now or hereafter constituted,  (iii) all App Data and (iv) all insights, developments, discoveries, compilations and works developed or made by Bonfyre in connection with any of the foregoing. Each User further acknowledges and agrees that it has no right of any kind in or to any thereof and that its use of the App and/or the Services does not convey or entitle it to any rights of any kind in any of the foregoing.

 

Termination

 

Bonfyre may  (and shall, at the request of the applicable Licensee) immediately terminate any User’s access to all or any part of the App or the Services at any time, with or without cause or notice. This termination may result in the forfeiture and destruction of all information associated with an affected User’s prior access. See the Privacy Policy – Termination.

 

Copyright Notice

 

The App and the Services contain Content (including without limitation location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, interactive features and media) specifically provided by Bonfyre or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. Licensee shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the App or any of the Services.

 

Trademarks

 

“Bonfyre”®, the Bonfyre logo and the tag line “Gather Around” are trademarks or registered trademarks of Bonfyre in the United States and/or other foreign countries. Bonfyre’s trademarks may not be used in connection with any product or service without the prior permission of Bonfyre. All authorized uses of Bonfyre’s trademarks must comply with Bonfyre’s trademark usage guidelines. All other brands, names, and trademarks are property of their respective owners. Licensee may not use the Marks or third parties’ trademarks without the prior written permission of Bonfyre or the applicable third-party owner. Bonfyre will enforce its intellectual property rights to the maximum extent possible.

 

General Limitation on Liability

 

Bonfyre  shall not be liable for any delay in performing, or failure to perform, any obligation as a result of (or otherwise be responsible for) force majeure (or other circumstances beyond its reasonable control) or be liable to for indirect, incidental, consequential, special or exemplary damages. Each User releases, and indemnifies, defends and holds harmless,  Bonfyre, its members and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from, claims, demands and damages (actual and consequential) of every kind and nature arising out of, or relating to,  such User’s  (i) use or misuse of (or inability to use) the App or any of the Services or any Content generated, provided, or otherwise made available on or through the App or the Services or (ii) default under any of these Terms.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): Bonfyre makes no guaranty of confidentiality or privacy of any communication or information transmitted on the App or any of the Services.

 

Integration and Severability

 

These Terms are the entire agreement between you and Bonfyre with respect to your access and use of the Services and the App (and Content and  Data contained or obtained therefrom) and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) with respect thereto. 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 and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

Modification

 

Bonfyre reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the App and the Services (including without limitation, the availability of any feature, database, or Content) at any time. The current version of the Terms  is available at https://bonfyreapp.com/terms-of-use-teams. It is your responsibility to check these Terms  periodically for changes. Your continued access and/or use of the App and the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

 

Miscellaneous

 

Each User hereby grants Bonfyre permission to reproduce, distribute, display, perform, index and otherwise use Content which such User posts or shares using the App or the Services (“User Content”) and such User’s personal information in connection with providing the App or Services, including use third party service providers.

 

Regardless of any statute or law to the contrary or the applicable dispute resolution process, any complaint, cause of action or claim on your part against us arising out of or related to use of the App or the Services or under this Terms of Use or the Privacy Policy must be filed with Bonfyre within one (1) year after such complaint, cause of action or claim arose or be forever barred.

 

These Terms are personal, and are not assignable, transferable or sublicensable by any User except with Bonfyre’s prior written consent. Bonfyre may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

 

These Terms are governed by the internal laws of the State of Missouri and you submit to the exclusive jurisdiction of any Missouri state of US federal court sitting in St. Louis County MO over any dispute, agree to accept service of process by mail, and waive any jurisdictional or venue defenses.

A printed version of the Terms shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

A User may contact us regarding these Terms of Use at support@bonfyreapp.com