Terms of Service Agreement

What documents make up the TOS?

We refer to the Terms of Service as the "TOS." This page outlines the core of our TOS, but we also have other contractual documents that serve as additional terms for specific topics. These documents are incorporated by reference as if written here and form part of the overall TOS. You should review these additional documents:

• Privacy Policy
• Acceptable Use Policy
• Data Processing Agreement

Whom does this TOS apply to?

When we refer to "Bamboozle" or use pronouns like "we," "us," or "our," we are referring to Bamboozle Web Services, Inc, as well as its parents, affiliates, and subsidiaries. When we refer to the "User," we are talking about you, and we will also use words like "you" and "your" to refer to you. If you are using our services on behalf of a company, organization, or other entity, you represent that you have the authority to bind such entity to this TOS.

What is the TOS?

This TOS is a binding contract between you and Bamboozle Web Services, covering all offerings, websites, products, services, features, content, applications, and other items we provide to users like you. We differentiate between our websites, such as https://bamboozle.me (collectively, the "Websites"), and our other services, such as cloud infrastructure and other paid services (collectively, the "Services"). Section 3 applies specifically to your use of the Websites, and Section 4 applies to your use of the Services.

When does this TOS apply to me?

This is a binding legal contract required to use our Websites and Services. You may only use our Websites and Services if you agree that you have read, understood, and consent to be bound by this TOS. If you sign up for Services or create an account through our Websites, this TOS takes effect when you click "I accept" or other functionality indicating your acceptance.

What happens with disputes under this TOS?

You must agree to resolve disputes arising under this TOS through binding arbitration directly between you and Bamboozle Web Services. Arbitration uses a neutral arbitrator or panel to hear arguments and decide disputes in an expedient and cost-effective manner. You may pursue small claims in court, but all other claims are subject to arbitration.

1. Eligibility and Registration

1.1 Before using our Websites and Services, you must ensure compliance with all applicable laws, rules, and regulations. Your right to access the Websites and Services is revoked if your use is prohibited or conflicts with any applicable law.

1.2 The Websites and Services are not intended for use by anyone under 18. By using the Websites and Services, you represent and warrant that you are 18 or older, or have sufficient legal consent, permission, and capacity to use the Websites and Services in your jurisdiction.

1.3 To access the Services and certain Website features, you must register for an account at https://portal.bamboozle.me. You may need to provide information such as your name, email address, and a valid payment method.

1.4 We may change or discontinue any of the Services or Websites at our sole discretion. We will endeavor to provide reasonable notice, but we are not obligated to do so if discontinuation is necessary to address an emergency or risk of harm, respond to claims or litigation, or comply with law.

2. Bamboozle's Proprietary Rights

2.1 As between you and Bamboozle Web Services, the Websites and Services are owned and provided by Bamboozle Web Services. All Materials are protected by intellectual property and other laws and are the property of Bamboozle Web Services or its third-party licensors. You may only use the Websites and Services as expressly authorized by this TOS.

2.2 If you provide input or suggestions regarding the Websites and Services ("Feedback"), you grant Bamboozle Web Services an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback for any purpose.

2.3 You grant us permission to include your name, logos, and trademarks in our promotional and marketing materials.

2.4 Subject to your compliance with this TOS, Bamboozle Web Services grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Websites and Services.

3. Bamboozle Community and User Content

3.1 Certain Website features allow you to submit or upload content such as messages, reviews, media, images, data, or text ("User Content") and publish it on our Websites.

3.2 By providing User Content, you grant Bamboozle Web Services a worldwide, non-exclusive, royalty-free, fully-paid right and license to host, store, transfer, display, perform, reproduce, modify for formatting, and distribute your User Content in any media formats and channels.

3.3 You are solely responsible for your User Content, and Bamboozle Web Services is not liable for it. By providing User Content, you affirm that you are the creator and owner of your User Content or have necessary licenses, rights, consents, and permissions.

3.4 We may, at our discretion, screen, remove, edit, or block any User Content without notice.

4. Services Content

4.1 Our Services allow you to provide source code, files, software, processes, interfaces, data, text, settings, media, or other information for storage, hosting, or processing ("Services Content").

4.2 By providing Services Content, you grant Bamboozle Web Services a license to host, store, transfer, display, perform, reproduce, modify for formatting, and distribute your Services Content solely to provide the Services to you.

4.3 You retain any copyright and ownership rights in your Services Content.

4.4 You are solely responsible for your Services Content and your End Users, and Bamboozle Web Services is not liable for them.

4.5 You are responsible for configuring and securing your Services Content, including using encryption and routine backups. Bamboozle Web Services does not guarantee retention of backups, and you are solely responsible for the integrity, preservation, and backup of your Services Content.

5. Rules of Conduct

5.1 You must use the Websites and Services in accordance with our Acceptable Use Policy. Any violation constitutes a breach of this TOS.

5.2 You are responsible for all activity on your Account, whether by you, your employees, contractors, agents, End Users, licensees, or customers.

5.3 You shall not decipher, decompile, disassemble, reverse engineer, or derive source code or algorithms from the Websites or Services, except as permitted by law.

5.4 The Services are subject to trade and economic sanctions maintained by the Office of Foreign Assets Control (OFAC). You represent that you are not located in a sanctioned country or listed on the SDN or SSI Lists.

5.5 You must use proper security protocols and notify Bamboozle Web Services immediately of unauthorized access to your Account.

6. Payments and Billing

6.1 We use third-party payment processors to bill you through your linked payment account. Payment processing is subject to the Payment Processors' terms. You authorize us and Payment Processors to charge your Payment Method for all sums, including taxes.

6.2 You must provide current, complete, and accurate billing information and promptly update it as needed.

6.3 You agree to recurring billing and automatic charges upon invoicing. We may deactivate or terminate Accounts for nonpayment or late payment.

6.4 You are responsible for all taxes, duties, and related penalties or fines.

7. Third Party Services

The Websites and Services may include links to third-party websites, services, or resources. These are not under our control, and we are not liable for their content, functions, or legality. Use of Third Party Services is at your own risk.

8. Confidentiality and Beta Services

8.1 Nonpublic information designated as confidential or reasonably understood to be confidential is our "Confidential Information." You may not use or disclose Confidential Information except as permitted by this TOS.

8.2 We may offer access to beta, preview, or experimental features ("Beta Services"). Beta Services are subject to additional terms and may have usage limits. Service Level Agreements do not apply to Beta Services.

8.3 Beta Services are provided "as is" without warranties. Our liability for Beta Services is limited to the amount you paid for the Services in the preceding month.

9. No Warranty

9.1 The Websites and Services are provided "as is" and "as available." Bamboozle Web Services disclaims all warranties, including merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Websites or Services will be secure, error-free, or uninterrupted.

9.2 We are not responsible for content accessed through the Websites or Services, including User Content or third-party content, and are not liable for its accuracy or legality.

10. Limitation of Liability

10.1 To the fullest extent permitted by law, Bamboozle Web Services is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, arising from your use of the Websites or Services.

10.2 Our aggregate liability is limited to the amount you paid for the Services in the month prior to the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Bamboozle Web Services and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Websites or Services, your violation of this TOS, or your violation of any third-party rights.

12. Termination

12.1 We may terminate or suspend your access to the Websites or Services at any time, with or without cause, with or without notice.

12.2 Upon termination, your right to use the Websites and Services will immediately cease. All provisions of this TOS which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Governing Law

This TOS is governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under this TOS shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and each party hereby consents to the personal jurisdiction and venue of such courts. If you are a consumer in the EU or UK, mandatory local consumer protection laws may also apply.

Contact Us

If you have any questions about this Terms of Service Agreement, please contact us at [email protected].