Terms of Service
1. Your Acceptance
Welcome to BUNNY.COM (the “Website”), the website and online service of BUNNY, INC. (“Bunny, Inc.”, “we”, or “us”). This page explains the terms by which you may use our online service, website, and software provided or in connection with the service (collectively the “Services”). By accessing or using the Services, you agree to be bound by this Terms of Service (these “Terms”) and to the collection and use of your information as set forth in the Privacy Policy available at: bunny.com/privacy, whether or not you are registered user of our Services. These Terms apply to all visitors, users, members, contributors and others who access the Services (“you” or “Users”).
In some instances, a separate document that provides additional conditions may apply to a service or product offered via the Services (“Additional Terms''). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
If you do not agree to the Terms or the Privacy Policy please stop using the Services immediately.
These terms contains arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action. Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below in section 12 or if you opt-out. Please carefully review the dispute resolution provisions in section 12 below which also describes your right to opt-out.
2. Use of Services; Paid Services
Services in a Snapshot. Bunny, Inc. operates an online SaaS that offers software for customer relationship management (CRM) subscription billing & analytics.
Eligibility. You may use the service only if you can form a binding contract with Bunny, Inc., and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You must be 18 years old or older to use or access the Services. The Services may not be available to any Users previously removed from the Services by Bunny, Inc. By using the Services, you represent and warrant that you have the full right, power and authority to enter into these Terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms.
License to use the Services. Subject to the terms and conditions of these Terms and the SaaS Services Agreement that you may enter into with us (your “SaaS Services Agreement”), you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services and as permitted by the features of the Services and your SaaS Services Agreement. Bunny, Inc. reserves all rights not expressly granted herein, or granted in your SaaS Services Agreement, in the Services and the Bunny, Inc. Content (as defined below). Bunny, Inc. may terminate this license at any time for any reason or no reason.
Billing Policies. Certain aspects of the Services may be provided for a fee or other charges. If you elect to use paid aspects of the Services, you agree to the pricing and payment listed on the Services which we may update from time to time. Bunny, Inc. may add new services for additional fees and charges, or amend fees and charges for existing services, at any time at its sole discretion. In the event that you enter into a SaaS Services Agreement with us, the pricing, billing and payment policies of your SaaS Services Agreement shall govern.
No Refunds. You may cancel your Bunny, Inc. account at any time; however there are no refunds for cancellation. In the event that Bunny, Inc. suspends or terminates your account or these Terms, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account or for anything else, unless otherwise set forth in your SaaS Services Agreement.
Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or any monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interaction.
3. Bunny, Inc. Accounts
Your Bunny, Inc. account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Bunny, Inc. account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you are agree to these Terms on the entity’s behalf. By connecting to Bunny, Inc. with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (password that use a combination of upper-and-lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Services with your unique username, password, or other security code. Bunny, Inc. will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Services by changing the settings in your account. By providing Bunny, Inc. your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Bunny, Inc. usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, sought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.
4. Services Rules
General.
You agree not to engage in any of the following prohibited activities:
I
copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
II
using any automated system, including without limitations “robots”, “spiders”, “offline readers”, etc., to access the Services in a manner that sends more request messages to the Bunny, Inc. servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
III
transmitting spam, chain letters, or other unsolicited email;
IV
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
V
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
VI
uploading invalid data, viruses, worms, or other software agents through the Services;
VII
collecting or harvesting any personally identifiable information, including account names, from the Services;
VIII
using the Services for any commercial solicitation purposes;
IX
impersonating another person or otherwise misrepresenting your affiliation with the person or entity, conducting fraud, hiding or attempting to hide your identity;
X
interfering with the proper working of the Services;
XI
accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
XII
bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
XIII
using any Bunny, Inc. Content, including any Bunny, Inc. trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Bunny, Inc. Content;
XIV
using the Services or any Bunny, Inc. Content to support, incite or promote discrimination, hostility or violence;
XV
using any Bunny, Inc. trademark or any variant thereof including misspelling as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data;
XVI
adopting or using without our prior written consent, any word or mark, which is similar to or likely to be confused with Bunny, Inc. trademarks;
XVII
copying, imitating, or using, in whole or in part, the look and feel of the Services (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Bunny, Inc.;
XVIII
using any Bunny, Inc. Content to link to the Bunny, Inc. website without prior written consent of Bunny, Inc.;
XIV
framing or hotlinking to the Services or any content other than your own without the prior written consent of Bunny, Inc.
We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. If your account is terminated for any reason, you must obtain written authorization from Bunny, Inc. prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Bunny, Inc. may permanently ban you from the Services. You may not have more than one active account at any time without the written consent of Bunny, Inc. in each instance.
5. Intellectual Property Rights
The Services is owned and operated by Bunny, Inc. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by Bunny, Inc. (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any non-public data provided by you to us to enable the provision of the Services (“Customer Data”), which shall be owned by you, all Materials contained on the Services are the property of Bunny, Inc. or its subsidiaries or affiliated companies or third-party licensors. All trademarks, service marks, and trade names are proprietary to Bunny, Inc. or its affiliates or third-party licensors. Except as expressly authorized by Bunny, Inc., you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Bunny, Inc. reserves all rights not expressly granted in these Terms.
6. Feedback
Bunny, Inc. shall be entitled to unrestricted use of any and all comments, suggestions, ideas, concepts with respect to the Services disclosed or offered or submitted by you to us (collectively, “Feedback”). We may use the said Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the Feedback.
7. Disclaimer of Warranties
The services, including without limitation, all materials, are made available on an “as is”, “as available” and “with all faults” basis and (ii) Bunny, Inc. and its employees, managers, members, officers, shareholders, parent company, agents, vendors and contractors (collectively, the “Bunny, Inc. parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
(a) the services;
(b) the materials on or provided through the services;
(c) the functions made accessible on or through the services;
(d) any products, services or instructions offered or referenced at the services; or
(f) security associated with the transmission of information to or from Bunny, Inc. or via the services.
In addition, the Bunny, Inc. parties hereby disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from virus.
The Bunny, Inc. parties do not make any representations or warranties that the information (including any instructions) on the services are accurate, complete, correct, adequate, useful, timely, reliable or otherwise. The Bunny, Inc. parties do not warrant that your use of the services or items are lawful in any particular jurisdiction, and the Bunny, Inc. parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to these terms.
By accessing or using the services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the services.
8. Limitations on Liability
Under no circumstances, including negligence, shall any of the Bunny, Inc. parties be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the access of, use or inability to use our services and/or content, including without limitation, use of or reliance on information, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance.
9. Indemnity
You agree to defend, indemnify and hold harmless the Bunny, Inc. Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
A
your use of and access to the Services;
B
your violation of any term of these Terms; or
C
your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Services.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
10. Third-Party Services
The Services may contain links to third-party platforms or websites (each, a “Third-Party Services”), and you may be able to share your Customer Data on the Third-Party Services through the Services. You acknowledge and agree that we have no control over, and are not responsible for, these Third-Party Services or their use of your personal information. We do not endorse, recommend or vouch for the security of such Third-Party Services. We recommend that you review their terms of service and privacy policies before accessing and using the Third-Party Services.
11. Governing Law
You agree that
I
the Services shall be deemed solely based in California; and
II
the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Bunny, Inc., either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts, located in Los Angeles County, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
12. Arbitration
Please read this arbitration provision carefully to understand your rights. Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by jury. The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms as a court would.
Except as provided in subsection 13.9 below and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, the Privacy Policy, our relationship, or your use or attempted use of the Services or any product or service, shall be submitted to and finally resolved by individual, confidential arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. The following terms shall apply. You, Bunny, Inc., or any involved third party may pursue a claim. Bunny, Inc. agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against Bunny, Inc. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
12.1 Required Pre-Dispute Procedures.
We acknowledge and agree that before initiating any claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to support@bunny.com. Bunny, Inc. will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Bunny, Inc. or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Los Angeles County, California to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection 13.9 below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
12.2 Commencing Arbitration.
You and Bunny, Inc. agree to commence any arbitration proceeding within 1 year after the claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred
12.3 Arbitration Location.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Los Angeles County, California unless Bunny, Inc. otherwise agrees to arbitrate in another forum requested by you.
12.4 Organization, Rules, and the Arbitrator.
We each agree that any and all claims other than those exempted under subsection 13.9 below shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection 13.2 above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Mediation Procedures in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Bunny, Inc.
12.5 Fees.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
12.6 Governing Law and Award.
The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
12.7 Enforceability.
This provision survives termination of your account or relationship with Bunny, Inc., bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
12.8 Miscellaneous.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Bunny, Inc. and shall not be modified except in writing by Bunny, Inc.
12.9 Exceptions.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Bunny, Inc. both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Bunny, Inc. will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in the State of California: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by Bunny, Inc. for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection 13.9 in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection 13.9, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Los Angeles County, California, and forever waive any challenge to said courts’ jurisdiction and venue.
12.10 Amendments.
Bunny, Inc. reserves the right to amend this arbitration provision at any time. Your continued use of the Services, purchase of any product or services on or through the Services, or use or attempted use of a Bunny, Inc. product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Bunny, Inc. will provide you notice and an opportunity to opt-out. Your continued use of the Services, purchase or use of any products or services on or through the Services, or use or attempted use of a Bunny, Inc. product or service, is affirmation of your consent to such material changes.
You understand that you would have had a right to litigate through a court, to have a judge or jury decide your case, and to be party to a class or representative action. However, you understand and agree to have any claims decided individually and only through binding, final, and confidential arbitration. You have the right to opt-out of this arbitration provision within thirty (30) days from the date that you purchase, use, or attempt to use a service or product purchased on or through the website (whichever comes first) by writing to us at support@bunny.com. For your opt-out to be effective, you must submit a signed written notice identifying any product or service you purchased, used or attempted to use within the 30 days and the date you first purchased, used, or attempted to use the product or service. If more than thirty (30) days have passed, you are not eligible to opt out of this provision and you must pursue your claim through binding arbitration as set forth in this agreement.
Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1,000.00.
13. Severability
In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms are deemed to conflict with each other's operation, Bunny, Inc. shall have the sole right to elect which provision remains in force.
14. Non-Waiver
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
15. Our Termination and Cancellation Rights
We may terminate or suspend the Services or your account or any other provision thereof at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms or the Bunny, Inc. account, you are solely responsible for properly canceling your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16. Assignment
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.
17. Modifications
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms on a going-forward basis at any time by posting the amended Terms on our website. Please check these Terms periodically for changes. We may provide additional notice, such as an email message or a message within the Services, of any material changes, but such changes will be effective as provided herein whether or not such message is sent or received. Unless we state otherwise, changes are effective seven (7) days following the date posted on our website. If you continue to use the Services after the effective date, you agree to the changes. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms as in effect at the time the dispute arises.
We may also change or discontinue the Services in whole or in part at any time, in our sole discretion. Such changes may include, but not be limited to, changes to the number of administrative Users you have on the Services at any time. Your continued use of the Services indicates your agreement to the changes.
18. Amendments
We may amend these Terms from time to time. When we amend these Terms, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and the Services. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Terms.
19. SaaS Services Agreement
In the event that you enter into a SaaS Services Agreement with us and any term of set forth herein conflicts with the terms of your SaaS Services Agreement, the terms of your SaaS Services Agreement shall control.
20. Contact
Please contact us at support@bunny.com with any questions regarding these Terms.