Terms of Service 

May 21st , 2024

1. Acceptance of Terms

Please carefully review these terms. By using Bonsai’s services, you acknowledge your agreement to be bound by these terms. 

2. Additional Terms

Certain services may have specific terms that complement and override these terms. Please refer to additional terms, such as the  Gift Card Terms and Conditions, when applicable.

3. Service Usage

• Eligibility: Users must be at least 16 years old. Minors require parental or guardian consent.
• Account Security: Users are responsible for accurate account information and must report any unauthorized use promptly.

4. Subscriptions and Promotions

• Recurring Subscriptions: Continuous unless canceled, with automatic renewals.
• Family Plans: Available for primary account holders over 18, responsible for users under 18.
• Cancellation: Requires 24-hour notice before the current subscription period ends.
• Changes: Bonsai may modify subscription terms, with advance notice.

5. Other Payment Terms

• Payment Method: Users must provide accurate payment information.
• Cancellations and Disputes: Concerns should be raised with Bonsai before canceling through payment providers.
• Refunds: Non-refundable unless required by law.
• Future Functionality: Purchases are independent of future features or content.

6. Services and User Content Rights

• Ownership: Bonsai and its licensors exclusively own the Services. Users have limited, non-commercial rights.
• User Content: Users retain ownership of posted content. Bonsai has a license to use and display User Content.

7. Third-Party Content

Bonsai provides Third-Party Content for convenience but does not endorse or control it. Users assume responsibility for accessing Third-Party Content.

ChatGPT

Personalized Wellness Plans, AI-Generated Content, Bons-AI Chat

Bonsai utilizes artificial intelligence (AI) to craft personalized wellness plans, generate content, and facilitate AI-driven chats. While we strive for accuracy, it’s important to note that AI outputs may not always be entirely precise or suitable for every individual.

• User Responsibilities:

Users must exercise discretion and not solely rely on AI-generated information for critical decisions. Misuse or misinterpretation of AI-generated content may lead to unintended outcomes.

• Limitation of Liability:

Despite our plans, content and chats being AI generated and edited by our employees, It can still contain factual errors made either by human or computer error. Bonsai, including its AI components, is not liable for any damages, losses, or adverse consequences resulting from the use of AI-generated content or wellness plans. Users accept responsibility for their decisions based on AI outputs.

• Consultation with Professionals:

For critical matters related to health or personal well-being, users are encouraged to seek advice from qualified professionals. Bonsai’s AI offerings are not a substitute for professional expertise.

• AI Voices & Images: 

       Images and voices generated by AI may include flaws and not real depictions. 

• Language Translation 

Translating from English to another language may have its inaccuracies. 

• Continuous Improvement:

Bonsai is committed to refining and enhancing its AI capabilities continually. User feedback is valuable in improving the accuracy and effectiveness of AI-generated content.

By engaging with Bonsai’s AI features, users acknowledge these considerations and agree not to hold Bonsai or its AI responsible for any unintended outcomes arising from the use of personalized wellness plans, content, or AI chats.

8. Health Data

We prioritize your privacy and the security of your health data. Our privacy policy ensures that all health information you provide is securely stored and used solely to enhance our app’s features, including personalized wellness plans, AI-driven assistance, and curated content recommendations.

9. Copyright Complaints

Users can report copyright infringements to Bonsai’s designated agent. Bonsai may terminate accounts for repeated infringements.

10. Prohibitions on User Content and Conduct

Users are responsible for User Content and must not engage in prohibited activities outlined in this section.

11. Trademarks & Intellectual Property 

Bonsai’s trademarks & all intellectual property are protected. Use of trademarks without permission is prohibited.

12. Termination

Bonsai reserves the right to terminate access for violations. Users can cancel their accounts at any time, but certain provisions survive termination.

13. Warranty Disclaimers

Your use of the Services is at your own risk. Unless explicitly provided otherwise in writing by us and to the extent permitted by applicable laws, the Services are provided on an “as is” and “as available” basis without any warranties, whether express or implied. We specifically disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of dealing or usage of trade. Some jurisdictions may not allow the exclusion of implied warranties or limitations on certain statutory rights; thus, the exclusions and limitations in this section might not apply to you.

We make no representations or warranties regarding the Services’ suitability, availability, uninterrupted or error-free operation. You assume the full risk concerning the quality and performance of the Services as permitted by applicable law.

14. Medical Disclaimers

The Services are intended solely for informational purposes and should not be construed as a means to diagnose, prevent, or treat any condition or disease. Bonsai is not a licensed medical care provider, lacks expertise in diagnosing, examining, or treating medical conditions, and does not engage in prescribing treatments.

Bonsai does offer emergency services but is not obligated to contact you or anyone on your behalf regarding your medical condition or treatment. We disclaim responsibility for the accuracy, reliability, effectiveness, or proper use of any Services. Consult a medical professional for any medical concerns, and never disregard professional medical advice or delay seeking it based on information received through the Services.

Not all activities described in the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing tasks requiring attention and concentration. You are solely responsible for your use of the Services.

15. Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend, and hold harmless Bonsai and its officers, directors, partners, employees, and agents (collectively, the “Bonsai Parties”) from and against any claims, disputes, demands, liabilities, damages, losses, and costs, including reasonable legal and accounting fees (“Claims”), arising from: (a) your access to or use of the Services; (b) your User Content or feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property or privacy rights); or (e) your conduct in connection with the Services.

You agree to promptly notify the Bonsai Parties of any third-party Claims, cooperate with them in defending such Claims, and bear all fees, costs, and expenses associated with defending such Claims, including attorneys’ fees. The Bonsai Parties will have sole control of the defense or settlement, at their discretion, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities in a written agreement between you and Bonsai or the other Bonsai Parties.

16. Limitation of Liability

To the fullest extent permitted by applicable law, neither Bonsai nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages,

17. Emergency Services Disclaimer

Not a Substitute:

• Our services are not a replacement for traditional emergency services like 911. In life-threatening situations, contact local emergency services immediately.

Response Time Not Guaranteed:

• While we aim for prompt responses, we can’t guarantee immediate assistance due to factors like network conditions and service availability.

Third-Party Involvement:

• Third-party emergency service providers may be involved; we disclaim responsibility for their actions and response times.

Technology Limitations:

• Technology constraints, such as GPS accuracy, may affect the reliability of emergency services.

User Responsibility:

• Users are solely responsible for their actions in emergencies. Exercise caution and follow official procedures.

Release of Liability:

• Users release Bonsai from liability for any delays, inaccuracies, or failures in emergency assistance.

By using our emergency services, users agree to these terms.

18. Modifying and Terminating the Services

We may change or discontinue any or all or any parts of the Services, at any time and without notice, at our sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to users or the Services. You also have the right to stop using the Services at any time. To the extent permitted by applicable laws, we are not responsible for any loss or harm related to your inability to access or use the Services.

19. Modifying and Terminating the Services

We may modify these Terms by notifying you through updated postings on our platform or other means such as email or in-service messages. For email notices, the date of transmission is considered the receipt date. Disputes related to these Terms will be resolved based on the version in effect when the dispute arose, unless specified in section 16. Your continued use of Bonsai services after changes become effective signifies acceptance. If you disagree with updated Terms, kindly terminate your account and cease service usage.

20. iOS Minimum Terms for Custom EULA

The following provisions apply if you are accessing or using our mobile app on an Apple Inc. (“Apple”) branded mobile device. These Terms, including this section, constitute a custom EULA for any Bonsai mobile app for purposes of Apple’s agreements and you acknowledge that Apple’s standard EULA will not apply.

1. Acknowledgement. The Terms are concluded between Bonsai and you only, and not with Apple, and, as between Apple and us, we are solely responsible for our app and the content thereof.
2. Scope of License. The license granted to you for our app under section 6 of the Terms is limited to a non-transferable license to use our app on any Apple-branded products that you own or control and as permitted by our Apple Usage Rules set forth in the app Store Terms of Service, except that our app may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
3. Maintenance. We are not obligated to provide any support or maintenance services for our app except as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our app.
4. Warranty. We are solely responsible for any warranties, whether express or implied by law to the effect not effectively disclaimed under section 12 of the Terms. In the event of any failure of our app to conform to any applicable warranty not effectively disclaimed under section 12, you may notify Apple, and Apple will refund the purchase price (if any) for our app; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
5. Liability. Subject to section 15 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third-party relating to our app or your possession and/or use of that app, including: (i) product liability claims; (ii) any claim that our app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. IP Claims. Subject to section 15 of the Terms, in the event of any third-party claim that our app or your possession and use of our app infringes any third-party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance. You represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
8. Name and Address. If you have any questions, complaints, or claims with respect to our app, they should be directed to us as specified in section 22.
9. Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Global Addendum

1. Language

These full Terms are available in French, Spanish, Arabic, Chinese and if you set your language settings to any of these you acknowledge and agree that you have been presented with the full  version of these Terms and to the fullest extent permitted by law, you agree that the controlling language for these Terms is English.

2. Contracts Rights of Third-Parties for Users in Singapore

If you are located in Singapore, a person who is not a party to the Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore (as may be amended from time to time) to enforce any of the Terms.

3. Termination for Users in South Korea

If you are located in South Korea and under 19 years of age (the age of legal majority in South Korea), either you or your legal representative may cancel your account in accordance with section 11 above.

Questions

If you have any questions about this Terms of Service, please contact us at hello@bonsaiwellness.app.