Terms of Service

Website and Application Terms of Use

Last modified: October 16, 2023

Acceptance of the Terms of Use

These terms of use are entered into by and between You and the Company (“we”, “us”, or “our”). The following terms and conditions, together with any documents they expressly incorporated by reference (collectively, “Terms of Use”) govern your access to and use of the Bumpers Browser and Bumpers Parental Controls applications, including any content, products, functionality, and services offered on or through the foregoing or through https://www.bumpers.app/ (collectively the “Bumpers Interfaces”), whether as a guest, consumer, or a registered user.

Please read the Terms of Use carefully before you start to use the Bumpers Interfaces. By using the Bumpers Interfaces, downloading the foregoing, or by clicking to accept or agree to the Terms of Use if this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, as may be found on one or more of the Bumpers Interfaces, incorporated herein by reference as if fully set forth. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Bumpers Interfaces and further agree to delete any copies or instances thereof immediately. 

The Bumpers Interfaces are offered and available to users who are 18 years of age or older and reside in the United States, Canada, or any of its or their territories. In order to create an account through any of the Bumpers Interfaces, you must be 18 years of age or older. By using Bumpers Interfaces, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you are using the Bumpers Interfaces on behalf of an entity or organization, you represent and warrant that you are authorized to accept these Terms of Use on such organization’s behalf and that such organization agrees to indemnify you and us for any violations of these Terms of Use, as more fully explained herein. If you do not meet all of these requirements, you must not access or use the Bumpers Interfaces. While certain of the applications available through the Bumpers Interfaces are intended to screen content for children under the age of 18, the Bumpers Interfaces products, services, and applications must be initiated, used, and downloaded by an adult at least 18 years of age or older with authority to form a contract, accept and abide by these Terms of Use, and accept the Privacy Policy and any other policies or guidelines incorporated herein by reference. 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Bumpers Interfaces thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Bumpers Interfaces.

Your continued use of the Bumpers Interfaces following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access any of the Bumpers Interfaces, so you are aware of any changes, as they are binding on you. If you do not agree to any changes or modifications to these Terms of Use or to any applicable policies or guidelines promulgated regarding the Bumpers Interfaces, your sole recourse is to stop accessing and using our Bumpers Interfaces immediately. 

Electronic Communications

Notwithstanding any terms to the contrary herein, the Company may choose to electronically deliver communications to you through email, posting messages through the Bumpers Interfaces, updating these Terms of Use or other policies on one or more of the Bumpers Interfaces, or through other reasonable methods. If the Company chooses to electronically deliver messages directly to you, you understand these messages may contain, transmit, or convey information about action taken either on your request or by or through your account. You agree to do business with the Company electronically through any of the above means and further agree to electronically receive notices, disclosures, communications, and information which the parties hereto stipulate shall satisfy any legal requirement to communicate in writing. An electronic notice will be deemed to have been received by you if sent via email upon sending by us. If you disagree with receiving electronic communications, you must immediately stop using the Bumpers Interfaces.

Accessing the Bumpers Interfaces and Account Security

We reserve the right to withdraw or amend Bumpers Interfaces, and any service or material we provide on the Bumpers Interfaces, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Bumpers Interfaces is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Bumpers Interfaces, or the entire Bumpers Interfaces, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Bumpers Interfaces.

  • Ensuring that all persons who access the Bumpers Interfaces through your internet connection are aware of these Terms of Use and comply with them.

  • Ensuring no restrictions prohibit your use of the Bumpers Interfaces and that you aren’t located in a country subject to US Government embargo or that violates OFAC compliance.

To access the Bumpers Interfaces or some of the resources it offers, you may be asked to provide certain registration details or other information, expressly including your email and password. It is a condition of your use of the Bumpers Interfaces that all the information you provide on the Bumpers Interfaces is correct, current, and complete. You agree that all information you provide to register with Bumpers Interfaces or otherwise, including, but not limited to, through the use of any interactive features on the Bumpers Interfaces, is governed by our Privacy Policy which is set forth on one or more of the Bumpers Interfaces and as the same may be updated from time to time, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to Bumpers Interfaces or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. By signing up for an account with any of the Bumpers Interfaces, you represent and warrant to us, and agree that we may rely on such representations and warranties, that you (a) are authorized to use the Bumpers Interfaces, the products, services, and other features contained therein, (b) all of your account information, registration information, and other payment information that you may provide from time to time is true, correct, accurate, and complete, (c) you agree to maintain the security of your account, your account details, and your password, and (d) you accept full responsibility for all activity that occurs under your account, expressly including compliance with these Terms of Use.

Intellectual Property Rights

The Bumpers Interfaces and its text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Bumpers Interfaces is owned, controlled or licensed by or to the Company and is protected by applicable U.S. and foreign copyright, patent, and trademark laws, including various other intellectual property rights and unfair competition laws. For example, the “Bumpers” mark and stylized “B” logo are registered or unregistered trademarks and service marks of the Company. Certain other words and symbols used to identify the source of third-party goods and services are trademarks of their respective owners. Display of any such trademarks or service marks on the Bumpers Interfaces does not imply any affiliation, sponsorship, or endorsement of the Company by the respective owners of such trademarks or service marks, or that a license of any kind has been granted to the Company.  

Any unauthorized use, downloading, re-transmission, display, distribution or other copying, or modification of the Content on the Bumpers Interfaces is strictly prohibited, and may result in legal action against those engaging in such activities. In particular, but without limitation, users may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the Content available on the Bumpers Interfaces, nor allow any third party to do so through the user or their device, even without the user's knowledge. Any applicable statutory limitation or exception to copyright law or trademark law shall stay unaffected.

The Company undertakes its utmost effort to ensure that the content provided on the Bumpers Interfaces infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in the Notice and Procedure for Making Claims of Copyright Infringement in Accordance with DMCA section below.

These Terms of Use permit you to use the Bumpers Interfaces for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Bumpers Interfaces, except as follows:

  • Your computer or other device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your browser or device for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Bumpers Interfaces for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not, and hereby agree not to:

  • Modify copies of any materials from Bumpers Interfaces.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Bumpers Interfaces.

You must not access or use for any commercial purposes any part of the Bumpers Interfaces or any services or materials available through the Bumpers Interfaces. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Bumpers Interfaces in breach of the Terms of Use, your right to use the Bumpers Interfaces will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Bumpers Interfaces or any content on the Bumpers Interfaces is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Bumpers Interfaces not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Notice and Procedure for Making Claims of Copyright Infringement in Accordance with DMCA

In accordance with the Digital Millennium Copyright Act, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov, the Company will respond expeditiously to clear notices of alleged copyright infringement that are reported to the Company’s designated copyright agent identified below. As part of our response, we may remove or disable access to material residing on the Bumpers Interfaces that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. This page describes the information that should be present in these notices.

If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to the Company by providing the Company’s designated copyright agent listed below with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identify in sufficient detail the copyrighted work that you believe has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  • Identify the material that you claim is infringing the copyrighted work listed above and that is to be removed or access disabled, and information reasonably sufficient to permit the Company to locate the material.

  • Provide information reasonably sufficient to permit the Company to contact you, including a name, address, telephone number and email address.

  • If possible, provide information sufficient to allow the Company to notify the owner/administrator of the allegedly infringing content.

  • Include the following statements:

    • “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

    • “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

  • Sign the notice.

  • Send the notice to: 

              Bumpers App, Inc.

              ATTN: DMCA Agent

              409 N Oak Street, Ste. 110

              Roanoke, TX 76262

  • Please note that a copy of this legal notice will be forwarded to the person who provided the allegedly infringing content.

Prohibited Uses

You may use the Bumpers Interfaces only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Bumpers Interfaces:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Bumpers Interfaces, or which, as determined by us, may harm the Company or users of the Bumpers Interfaces, or expose them to liability.

Additionally, you agree not to:

  • Use the Bumpers Interfaces in any manner that could disable, overburden, damage, or impair the Bumpers Interfaces or interfere with any other party's use of the Bumpers Interfaces, including their ability to engage in real time activities through the Bumpers Interfaces.

  • Use any robot, spider, or other automatic device, process, or means to access the Bumpers Interfaces for any purpose, including monitoring or copying any of the material on the Bumpers Interfaces.

  • Use any manual process to monitor or copy any of the material on the Bumpers Interfaces, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Bumpers Interfaces.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Bumpers Interfaces, the server on which the Bumpers Interfaces is stored, or any server, computer, or database connected to the Bumpers Interfaces. 

  • Attack the Bumpers Interfaces via a denial-of-service attack or a distributed denial-of-service attack.

  • Delete or alter any material that does not belong to you. 

  • Harass, incite harassment, or advocate harassment of any person, group, or company.

  • Otherwise attempt to interfere with the proper working of the Bumpers Interfaces.

  • Resell or assign any rights or obligations you have under these Terms of Use.

User Contributions

The Bumpers Interfaces may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features from time to time (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Bumpers Interfaces.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Bumpers Interfaces or otherwise provide to us will be considered non-confidential and non-proprietary. By providing any User Contribution on the Bumpers Interfaces or otherwise communicating such User Contribution directly to us, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, disclaim any intellectual property right to such User Contribution, and agree that any recommendation, idea, thought, suggestion, or improvement to the Bumpers Interfaces that may be communicated by you to us shall be considered non-confidential, non-proprietary, and the Company may use any such User Contribution at its sole discretion without obligation to provide attribution and without further obligation to you. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

  • All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Bumpers Interfaces. We are not responsible for the deletion or removal of any User Contributions of any applicant, user, or company for any reason. In the event of an account deletion, for any reason, any and all User Contributions and content may be deleted or lost.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Bumpers Interfaces or the public, or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Bumpers Interfaces. 

  • Terminate or suspend your access to all or part of the Bumpers Interfaces for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Bumpers Interfaces. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Bumpers Interfaces and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person or misrepresent your identity or affiliation with any person or organization. 

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us immediately for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers. 

Reliance on Information Posted

The information presented on or through the Bumpers Interfaces is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Bumpers Interfaces, or by anyone who may be informed of any of its contents.

Bumpers Interfaces may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Bumpers Interfaces

Bumpers Interfaces is operated by Bumpers App, Inc., a Texas corporation (the “Company”). We may update the content on Bumpers Interfaces from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Bumpers Interfaces may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Use of the Bumpers Interfaces

All information we collect on Bumpers Interfaces is subject to our Privacy Policy which is found on our Bumpers Interfaces. By using the Bumpers Interfaces, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Linking to the Bumpers Interfaces and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

Bumpers Interfaces may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on Bumpers Interfaces.

  • Send emails or other communications with certain content, or links to certain content, on Bumpers Interfaces.

  • Cause limited portions of content on Bumpers Interfaces to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Bumpers Interfaces or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of the Bumpers Interfaces other than the homepage.

  • Otherwise take any action with respect to the materials on Bumpers Interfaces that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Bumpers Interfaces

The Bumpers Interfaces may contain links to other sites, third-party plug-ins, and resources provided by third parties, as well as allowing you to integrate with third-party services and apps. If you choose to click on these links or otherwise use the interfaces, plug-ins, or apps, you understand your information may be shared with third-parties and the public more generally depending on how such third-party services function. Each of the foregoing, including links contained in advertisements, banner advertisements, and sponsored links, may be provided to you for your convenience only and in no way implies an affiliation, endorsement, approval, control, or adoption by us. We have no control over the contents or business practices of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We make no claims, and hereby disclaim, the security or adequacy of any such services, websites, or plug-ins. If you decide to access any of the third-party websites, plug-ins, or services linked to Bumpers Interfaces, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

Geographic Restrictions

The owner of the Bumpers Interfaces is based in the State of Texas in the United States. We provide Bumpers Interfaces for use only by persons located in the United States and Canada. We make no claims that the Bumpers Interfaces or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Bumpers Interfaces may not be legal by certain persons or in certain countries. If you access the Bumpers Interfaces from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

Subscription Services

Some of the products and services provided on, by, or through the Bumpers Interfaces are provided on the basis of payment through a subscription. The fees, duration, and conditions applicable to the purchase of such products and services are described below, in addition to other relevant sections herein.

Products and Services description

Prices, descriptions or availability of our products and services are outlined in the respective sections of the Bumpers Interfaces and are subject to change prospectively without notice. While products and services in and through the Bumpers Interfaces are presented with intended accuracy, each such representation is for reference only and implies no warranty as to the characteristics actually contained within the Bumpers Interfaces. 

Purchasing process

The purchasing process is defined as the steps taken between choosing a product or service through order submission and includes these steps:

  • Users must choose the desired product or service and verify their purchase selection.

  • After having reviewed the information displayed in the purchase selection, users may place their order by submitting it to us.

Order submission

When the user submits an order to us, the following applies:

  • The submission of an order determines contract execution and thereafter creates for the user the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

  • In case the purchased product or service requires an action from the user, such as the provision of personal information, data, or specifications, the order submission creates an obligation for the user to cooperate accordingly.

  • Upon submission of the order, users will receive a receipt to the email address provided confirming that the order has been received. All notifications related to the described purchasing process shall be sent to the email address provided by the user for such purposes.

Prices

Users are informed during the purchasing process and before order submission about any fees, taxes, and costs (including, if any, delivery costs) that such user will be charged. Prices are displayed either exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section the user is browsing.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. All payments are independently processed through third-party services. Therefore, the Bumpers Interfaces do not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If a payment through the available methods fails or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Company reserves the right to claim any related expenses or damages from the user.

Purchase via app store

The applications made available through the Bumpers Interfaces or specific products available for sale on the Bumpers Interfaces, if any, must be purchased via a third-party app store. To access such purchases, users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use. Unless otherwise specified, purchases made via third-party online stores are also subject to such third-parties’ terms and conditions. 

Retention of usage rights

Users do not acquire any rights to use any Bumpers Interfaces until the total purchase price is received by the Company, unless otherwise expressly agreed to.

Contract duration

Trial period

Users have the option to test the Bumpers Interfaces during a limited and non-renewable trial period, at no cost through a paid trial. Some features or functions of Bumpers Interfaces may not be available to users during the trial period. Further conditions applicable to the trial period, including its duration, will be specified on or through the Bumpers Interfaces. The trial period shall automatically convert into the equivalent paid-for Bumpers Interface, product, or service, unless the user cancels the purchase before the trial period expires.

Open-ended subscriptions

Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Subscriptions handled via Apple ID

Users may subscribe to using their Apple ID associated with their Apple App Store account by using the relevant process provided by Apple. When doing so, users acknowledge and accept that:

  • any payment due shall be charged to their Apple ID account;

  • subscriptions are automatically renewed for the same duration unless the user cancels at least 24 hours before the current period expires;

  • any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;

  • subscriptions can be managed or cancelled in the users’ Apple App Store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms of Use.

Termination of open-ended subscriptions

If your subscription is not through an app store and is through us directly, then open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document or, if applicable, by using the corresponding controls inside the applicable Bumpers Interface. Terminations shall take effect one day after the notice of termination has been received by the Company.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Bumpers Interfaces will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Bumpers Interfaces for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE BUMPERS INTERFACES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BUMPERS INTERFACES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE BUMPERS INTERFACES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE BUMPERS INTERFACES IS AT YOUR OWN RISK. THE BUMPERS INTERFACES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE BUMPERS INTERFACES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE BUMPERS INTERFACES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE BUMPERS INTERFACES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BUMPERS INTERFACES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE BUMPERS INTERFACES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE BUMPERS INTERFACES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BUMPERS INTERFACES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE BUMPERS INTERFACES, ANY WEBSITES LINKED TO IT, ANY DAMAGE OR INJURY RESULTING FROM HACKING OR UNAUTHORIZED ACCESS, ANY ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT, UNAUTHORIZED ACCESS TO THE COMPANY’S SERVERS AND ANY PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR VIRUSES, ANY ERRORS OR OMISSIONS IN ANY CONTENT, THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY UER OTR THIRD PARTY, ANY CONTENT ON THE BUMPERS INTERFACES OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR ACCESS TO THE BUMPERS INTERFACES FOR THE LAST 12 MONTHS PRECEDING THE DATE OUT OF WHICH LIABILITY FOR THE CLAIM AROSE. YOU UNDERSTAND AND AGREE THAT THE COMPANY WOULD NOT MARKET ITS BUMPERS INTERFACES OR MAKE THEM AVAILABLE TO THE PUBLIC WITHOUT THESE LIMITATIONS OF LIABILITY AND, BY DOWNLOADING, USING, OR INTERACTING WITH THE BUMPERS INTERFACES, YOU AGREE THESE LIMITATIONS OF LIABILITY ARE ACCEPTABLE, FAIR, AND ACCURATE OF YOUR AGREEMENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (1) your violation of these Terms of Use or your use of the Bumpers Interfaces, (2) your violation of any law, rule, or regulation, (3) your violation of any third-party rights, (4) your User Contributions, (5) any use of the Bumpers Interfaces' content, services, and products other than as expressly authorized in these Terms of Use, or (6) your use of any information obtained from the Bumpers Interfaces.

Governing Law and Jurisdiction

The parties hereto expressly agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms of Use. All matters relating to the Bumpers Interfaces and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Bumpers Interfaces shall be instituted exclusively in the federal courts or the courts of the State of Texas, in each case located in the County of Denton. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE BUMPERS INTERFACES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Assignment

These Terms of Use are assignable by Company at any time, for any reason, without further permission or consent from any user. Users may not assign or transfer their rights or obligations under these Terms of Use in any way without the Company’s prior written consent. These Terms of use shall be binding upon and will inure to the benefit of the parties and their respective heirs, representatives, administrators, successors, and permitted assigns. 

Service Interruption

The Company reserves the right to interrupt the services and products in the Bumpers Interfaces for any reason, including maintenance, updates, or changes. The Company also has the right to suspend or terminate the Bumpers Interfaces altogether and, if such services are discontinued, the Company will allow a reasonable time not less than thirty (30) days for users to extract personal information, if any, and cease further subscription charges. The services or products contained in the Bumpers Interfaces may be unavailable due to any number of force majeure events and, in such case, the Company will use commercially reasonable efforts to restore access as soon as reasonably possible. In the event the Bumpers Interfaces services or products are interrupted continuously for more than ten (10) days in any month as a result of an intentional act or omission by the Company, users should contact the Company for a replacement period of time equal to such continuously interrupted period without additional charge. Except as otherwise provided for specifically herein, this shall be such users’ only remedy.

No Reselling

No user may reproduce, duplicate, copy, sell, resell, or exploit any portion of the Bumpers Interfaces without the Company’s express prior written permission. 

Entire Agreement

The Terms of Use and our Privacy Policy, including any other documents referenced herein or therein, constitute the sole and entire agreement between you and the Company regarding the Bumpers Interfaces and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Bumpers Interfaces. Even after you are no longer a user of Bumpers Interfaces, the terms and provisions contained herein that are intended to, or naturally, survive termination shall continue in effect. 

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Bumpers Interfaces should be directed to: Support@Bumpers.app OR via mail at:

Bumpers App, Inc.
409 N. Oak St., Ste 110
Roanoke, TX 76262