Terms of Service
Last updated: Oct 4, 2024
Agreement to our Legal Terms
These Terms of Service (the "Terms" or this "Agreement") cover your use of the services of the mobile application Bonfire (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Dulcet Games Inc ("Company," "we," "us," "our"), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Bonfire will treat your use of any portion of the Services as acceptance of, and agreement to, the Terms from that point on. Bonfire's Services are available only to individuals who are at least 18 years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You represent and warrant that, (a) if you are an individual, you are at least 18 years old, and (b) if you are a company, that (i) you are appropriately licensed and legally permitted to conduct business and (ii) the individual accepting these terms on your behalf is authorized to do so.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
This Agreement incorporates Bonfire's Privacy Policy.
Here's a link to Terms of Use (EULA) of Bonfire.
Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Use of Bonfire's Services
You will be solely responsible for all use of Bonfire's Services accessed by you or under your account, and you shall ensure that all such use is in accordance with this Agreement. You will take all reasonable precautions to prevent unauthorized access to or use of Bonfire's Services and will promptly notify Bonfire in writing immediately of any unauthorized access to or use of Bonfire's Services of which you become aware.
Intellectual Property Rights
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including and without limitation all source code, databases, functionality, software, app designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Canada and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Acceptable Use
You agree that, except as expressly provided in these Terms, you will not: (i) copy Bonfire's Services or App Materials or any portion thereof; (ii) distribute, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works based on, print any part of, or otherwise attempt to discover the source code, compiled executables, intermediate files, or underlying structure, ideas, know-how or algorithms relating in any way to Bonfire's Services or App Materials; (iii) rent, transfer, resell, lease, license, assign, grant any rights in, or otherwise make available Bonfire's Services or App Materials to third parties or offer it on a standalone basis; (iv) use Bonfire's Services or App Materials in a fashion that could reasonably be deemed to compete with the business of Bonfire; (v) use Bonfire's Services or App Materials to send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material that violates third party rights; (vi) use Bonfire's Services or App Materials to conduct “phishing” or other similar activities or in any other manner that could be misleading to third parties; (vii) use Bonfire's Services or App Materials to create, use, send, store, or run material containing software viruses, worms, Trojan horses or otherwise engage in any malicious act or disrupt the security, integrity or operation of Bonfire's Services or App Materials; (viii) use Bonfire's Services or App Materials in any manner that violates any applicable foreign, federal, state, provincial or local law, rule or regulation; or (ix) use Bonfire's Services or App Materials in any manner that violates any third party rights or this Agreement.
Term and Termination
We may terminate or suspend access to the Services immediately, without prior notice or liability (other than refunding pre-paid fees to the extent we terminate based on no action or omission on your part), for any reason whatsoever, including, but not limited to, if you breach any of the Terms. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnifications and limitations of liability.
Responsibility and Conduct
You are solely responsible for your actions and omissions, the actions and omissions of all users of your account, and any data that is created, stored, displayed by, or transmitted through your account while using Bonfire. You will not engage in any activity that interferes with or disrupts the Services or networks connected to Bonfire.
Limited License
You are granted a limited, non-sublicensable license to access and use the Bonfire App Materials solely in connection with the Services. Such license is subject to this Agreement and does not include: (a) any resale or commercial use of the App Materials therein; (b) the distribution, public performance or public display of any App Materials except in connection with your authorized use of the Services; (c) modifying or otherwise making any derivative uses of the App Materials, or any portion thereof; (d) use of any data mining, robots, page scraping or similar data gathering or extraction methods; (e) reverse engineering or attempting to reverse-engineer any functionality provided on the App Materials or (f) any use of the App Materials other than for their intended purpose.
Fees and Payment
Some Services are provided on a subscription basis. Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.
You agree to pay Bonfire the fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for such Service. You hereby authorize Bonfire to charge your credit card or other payment method on a monthly, annual, or other agreed upon basis, as set forth in the pricing and payment terms presented to you for such Service, in advance of providing the Services. The Services may be interrupted on accounts that are past due. Fees paid by you are non-refundable, except as provided in these Terms or to the extent required by law. Accounts that are not collectable by Bonfire may be turned over to an outside collection agency for collection. You may cancel your use of the Services at any time. You understand and agree that you will not receive a refund or credit of any pre-paid fees.
Subject to the Terms, certain Bonfire Services are provided to you without charge, up to certain specified limits. Usage over these limits requires your purchase of additional resources or Services and Bonfire may limit your access or usage until the required payment is made. You acknowledge that Bonfire may prospectively change the specified rates and charges from time to time.
Bonfire is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Bonfire. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT Bonfire's WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
BONFIRE MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Bonfire DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, DULCET GAMES INC SHALL NOT BE LIABLE TO YOU UNDER BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (A) FOR ERRORS IN BONFIRE'S SERVICES OR MATERIALS, LOSS OR INACCURACY OR CORRUPTION OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR LOSS OF PROFITS OR BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (C) FOR ANY MATTER BEYOND DULCET GAME INC'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, IN THE AGGREGATE, EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNT PAID OR PAYABLE BY YOU TO DULCET GAMES INC FOR BONFIRE'S SERVICES IN THE SIX (6) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
General Representation and Warranty
You represent and warrant that your use of the Bonfire app and Services will be in strict accordance with with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
You acknowledge that the laws and regulations of Canada and other jurisdictions restrict the export and re-export of commodities and technical data of Canada or other origin, including Bonfire's Services and Materials. You agree to comply with all such restrictions and will not deviate from them in any way without the appropriate Canada and foreign government licenses.
Indemnification
YOU AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY DULCET GAMES INC, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, ADVERTISERS, LICENSORS, SUPPLIERS OR PARTNERS FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR OR YOUR LICENSEES' (INCLUDING BUT NOT LIMITED TO THE CUSTOMER LICENSEES’) (A) BREACH OF THESE TERMS, (B) USE OF THE SERVICES OR MATERIALS OR (C) VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS IN CONNECTION WITH THE SERVICES, OR ARISING FROM CONTENT MADE AVAILABLE OVER YOUR OR YOUR LICENSEES' (INCLUDING BUT NOT LIMITED TO THE CUSTOMER LICENSEES’) TUNNELS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ANY CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE.
Notice and Assignment
You agree that Bonfire may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Bonfire App. You agree to provide Bonfire with your current email and regular mail address at all times. Except to an acquirer of, or other successor in interest to, your entire business, you shall not assign or otherwise transfer any of your rights or obligations hereunder and any such attempt is void. Bonfire and you are independent contractors and are not legal partners or agents.
Entire Agreement
These Terms (including any policies, guidelines or amendments that are referenced herein or may be presented to you from time to time) constitute the entire agreement between you and Bonfire regarding their subject matter and govern your use of Bonfire's Services, superseding any prior agreements between you and Bonfire for the use of Bonfire's Services.
Governing Law, Jurisdiction, and Venue
These Legal Terms shall be governed by and defined following the laws of Canada. Dulcet Games Inc and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms. Any action or proceeding arising out of this Agreement shall be brought only in a competent provincial or federal court located in the City and County of Quebec, Canada. Customer hereby consents to the jurisdiction of, and laying of venue in, such court(s) and waives any objection thereto.
Waiver and Severability of Terms
The failure of Bonfire to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of Bonfire's Services or the Terms must be filed within one (1) year after such claim or cause of action arises or be forever barred.
Mobile Application License
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a Canadian government embargo, or that has been designated by the Canadian government as a "terrorist supporting" country and (ii) you are not listed on any Canadian government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: