Terms of Service

Acceptance of Terms

By accessing or using Bonami Software services, signing a statement of work, or clicking an acceptance button, you agree to these Terms and any referenced policies. If you do not agree, discontinue use immediately.

• These Terms are effective as of your first use of our services.
• Supplementary agreements, such as statements of work, prevail if they conflict with these Terms.
• You represent that you have the authority to bind the entity on whose behalf you engage with Bonami Software.

Eligibility & Account Responsibilities

You must provide accurate information when engaging Bonami Software and keep credentials secure.

• Eligibility

  You must be at least 18 years of age and legally capable of entering binding contracts to use our services.

• Account Accuracy

  Provide complete and current information in all onboarding forms and promptly update it if details change.

• Security

  Safeguard access credentials, notify us of any unauthorized use, and accept responsibility for activities conducted under your account.

Permitted Use

Use Bonami Software services only for lawful, authorized purposes consistent with the scope defined in your agreements.

• Do not reverse engineer, decompile, or attempt to gain unauthorized access to any Bonami Software systems.
• Avoid introducing malware, automated scripts, or disruptive code into our infrastructure.
• Respect usage limits, service-level commitments, and third-party license restrictions.

Fees & Payments

Payment terms are governed by the statement of work, master services agreement, or invoice issued to you.

• Invoices & Due Dates

  Unless otherwise agreed, invoices are due within 15 days of issue and considered late thereafter.

• Expenses

  You are responsible for pre-approved travel, software, or third-party costs that are required to deliver the engagement.

• Taxes

  Fees exclude applicable taxes, duties, or government charges, which you agree to pay unless a valid exemption is provided.

Intellectual Property

We retain ownership of our pre-existing IP and reusable components. Deliverables expressly assigned to you become your property upon full payment.

• Bonami Software trademarks, branding, and proprietary methodologies remain our exclusive property.
• We may reuse generalized knowledge, expertise, or non-confidential code libraries developed while providing services.
• You receive a worldwide, royalty-free license to use deliverables internally unless otherwise detailed in a written contract.

Confidentiality

Both parties agree to protect confidential information shared during the engagement and to use it solely for fulfilling contractual obligations.

• Definition

  Confidential information includes technical data, product plans, pricing, source code, customer lists, or any materials marked confidential.

• Exclusions

  Information already public, obtained lawfully from a third party, or independently developed without reference does not constitute confidential information.

• Compelled Disclosure

  A party may disclose confidential information when required by law, provided it gives prompt notice (unless legally prohibited).

Disclaimers

Bonami Software provides services “as is” and “as available,” to the extent permitted by law.

• We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that deliverables will be error-free, meet every requirement, or remain uninterrupted.
• Recommendations, timelines, or projections are estimates and not guarantees.

Limitation of Liability

Our aggregate liability under these Terms is limited to the fees you actually paid for the services giving rise to the claim during the preceding six months.

• We are not liable for indirect, incidental, special, consequential, or punitive damages.
• We do not accept liability for lost profits, lost revenue, or business interruption.
• The limitations apply regardless of the theory of liability and even if advised of possible damages.

Indemnification

You agree to indemnify and hold Bonami Software harmless from claims arising from your misuse of the services or violation of these Terms.

• Cover claims related to misuse of deliverables, breach of law, or the infringement of third-party rights.
• Provide prompt notice of any claim and cooperate with Bonami Software in the defense.
• Allow us to control the defense and settlement of indemnified claims.

Termination

Either party may terminate the engagement as outlined below.

• For Convenience

  Either party may terminate a statement of work with 30 days written notice unless otherwise specified.

• For Cause

  Either party may terminate immediately if the other materially breaches these Terms and fails to cure within 15 days of notice.

• Effect of Termination

  Outstanding fees become due immediately, and each party must return or destroy confidential information within a reasonable timeframe.

Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Texas, USA, without regard to conflicts of law principles.

• Disputes will first be addressed through good-faith negotiations between executive stakeholders.
• If unresolved, disputes will be submitted to binding arbitration in Austin, Texas, conducted in English.
• Either party may seek injunctive relief in courts with appropriate jurisdiction to protect intellectual property rights.

Changes to These Terms

We may modify these Terms to reflect updates in our services, legal requirements, or business practices.

• We will post the updated Terms with a revised “Updated” date at the top of this page.
• Material changes may be communicated by email or prominent notice on our website.
• Continued use of our services after changes take effect constitutes acceptance of the revised Terms.

Contact

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