Terms of Conditions

Welcome to the Bonsoir Terms and Conditions (hereinafter referred to as the "Terms" or "Agreement"). This Agreement is between you and Bonsoir (as defined below), and it is important that you understand both your rights and ours before using our Bonsoir application (the "app"). We ask that you take the time to review these Terms before you begin using the app, as by accessing, viewing, or using the app, you will be legally bound by these Terms. Therefore, we recommend that you read them carefully.

Please also review our Community Standards and Privacy Policy, as adherence to these documents is essential for using our Service. You may also find our Safety Guidelines on our website as well, so please consider reading that too.

It is important to note that our Services are available exclusively to registered members. Before you become a member by registering, we ask that you read the Terms, as they form the basis of the contractual agreement between you and us. We will send a confirmation to the email address you provide for your registration request, which you will need to verify. By doing so, you accept these Terms. If you do not confirm your registration within 24 hours of receiving the email, your registration request will be canceled.

Additionally, please be aware that if you subscribe to our Service for a specified period, your subscription will automatically renew for additional periods of the same length as the original subscription, at Bonsoir's then-current rates, unless you cancel your subscription as described in section 5.3 below.

At times, we may offer special promotions that allow our users to enjoy premium features free of charge for a limited period. However, please be aware that once this promotional period ends, the subscription will become active, and the subscription fee will be charged automatically.

We also ask that you carefully review our dispute resolution provisions in section 11. This section outlines how Bonsoir handles claims and the method for resolving any existing legal disputes.

From time to time, we may update these Terms and our Privacy Policy. We encourage you to regularly check our documentation to stay informed of any updates.

1. General provisions and rules

These Terms apply between you, the user, and our company, Bonsoir, in relation to the use of our application. The Terms "we" and "our company" refer to Bonsoir, and the parties, including you and Bonsoir, are collectively referred to as the "parties" and individually as a "party."

By accessing or using the Services available through our mobile application ("app" or "application") or any other platform or service provided by our company (collectively referred to as the "Service"), you acknowledge and agree that you are bound by this agreement. This agreement applies to you and all users who access or use our Services, whether registered or subscribed.

By accessing and using our Services, you also agree to our Privacy Policy and commit to adhering to our Community Standards. Additionally, you agree to any other Terms if you purchase additional features, products or services from our company. If you do not agree to be bound by this agreement, you must not use or access our Services.

We reserve the right to modify or change these Terms at any time, in accordance with applicable laws. We will notify our users of significant changes via our website, including the updated effective date. In certain circumstances, we may also notify you of changes to the Terms via email or other means. However, you are advised to regularly check the documentation for any potential updates.

Your continued access to and use of our Services signifies your acceptance of any modifications, which will become legally binding upon you. If you do not accept the modified Terms, you must immediately cease using our Services. Notwithstanding the above, your acceptance is required for any significant modifications to the liability limitations in section 9 or the dispute resolution provisions in section 11. Additionally, we reserve the right to change the availability of features within our subscription packages.

2. Rules for using the application

By accessing or using our Services, you agree to this Agreement, including our Privacy Policy, Community Standards, and Safety Guidelines.

Before creating an account on the Bonsoir application, please ensure that you are eligible to use our Services.

2.1. Eligibility and account obligations

You may only create an account and use our Services if all of the following conditions are met, and by accessing our Services, you also represent and warrant the following:

  • you are at least 18 years old;
  • you are legally capable of entering into a binding contract with us;
  • the laws do not prohibit you from using our Services;
  • you have not committed any criminal offenses, including sexual or violent crimes, and have not been convicted of such crimes, except in cases where you have been pardoned for non-violent offenses and do not pose a risk to other users of our Services;
  • you do not have multiple accounts within our Services;
  • you have not been previously banned from our Services or those of our affiliates, unless explicitly authorized by us for you in writing to create a new account.
  • Please note that we may verify your age, and if we believe you are a minor, we may delete or suspend your account and request a verification.

    You can create your account manually, and our Privacy Policy provides further information about the data we collect and how we use it. By using the application and registering your account, you acknowledge that we may collect and use your data in accordance with our Privacy Policy.

    Since only one account is allowed per user, we do not permit the use of another person's account or the sharing of your account with others without our explicit permission.

    If you fail to meet these requirements at any time, your access to our Services will be automatically revoked, and you must immediately delete your account. We also reserve the right to suspend your access to our Services without prior notice.

    If you no longer wish to use our Services, you may delete your account at any time while logged in. Your account will be deleted immediately, but it may take some time for all of your content to be fully removed from the application. Your profile data will be handled in accordance with our Privacy Policy.

    By registering your account and using our Services, you agree to:

  • comply with these Terms and regularly check our documentation for updates;
  • adhere to all applicable laws, including privacy laws, intellectual property laws, anti-spam regulations, and other regulatory requirements;
  • use the latest version of the application;
  • review and accept our Community Standards;
  • review our Safety Guidelines;
  • take reasonable steps to maintain the security of your login information.
  • Additionally, by registering your account and using our Services, you agree to:

  • not provide false information about your identity, age, or personal relationships;
  • use our Services in a way that does not harm or hinder others' use of them;
  • not disclose private or proprietary information unless you have the legal right to do so;
  • not use our Services in a way that disrupts or interrupts their functionality or negatively affects our platform, servers, or networks;
  • not use any codes or tools referencing our company or Services to direct users to unrelated content;
  • not copy, modify, transmit, or distribute Bonsoir content or any copyrighted material related to our Services without our prior written consent;
  • not modify, apply, or license any part of our Services, nor encourage others to do so;
  • not cause psychological harm, nor intimidate, harass, threaten, abuse, or defame anyone;
  • not claim or imply that your statements are endorsed by Bonsoir as a company;
  • not share prohibited content (see below for details);
  • not attempt to access, retrieve, index, or reproduce our Services through automated tools (such as bots, proxies, AI, etc.);
  • not develop external applications (including machine learning systems and AI) intended to interact with our Services;
  • not solicit passwords or personal information from other users for business or illegal purposes;
  • not share others' personal data without their consent;
  • not upload viruses or malicious code;
  • not compromise the security of our Services;
  • not request money or valuables from other users in the form of gifts, loans, or compensation;
  • not use another user's account;
  • not forge or manipulate identifiers to conceal the origin of information;
  • not use, open, or publish our programming interface;
  • not test or examine the vulnerability of our Services or any related systems;
  • not use our Services for fraud, pyramid schemes or similar activities;
  • not use our Services for political campaign financing or influencing elections, except to share your personal political opinions;
  • not violate the Terms of the license provided by Bonsoir;
  • not encourage others to engage in activities that violate these Terms;
  • not create a new account after your previous account has been suspended or deleted;
  • not make false or baseless reports regarding another user's behavior or content, or misuse our reporting or dispute resolution system.
  • If you violate any of the above rules, we will automatically revoke your access to our Services. Our system is multi-faceted, utilizing an automated process, user reports, and a moderation team to review and monitor accounts and content in order to identify any violations of our Terms. We reserve the right, at our sole discretion, to delete or suspend any account, limit access to the application, or apply any legal, operational, or technological measures to enforce these Terms. We will notify you if we take action regarding your account or content, unless such actions are deemed inappropriate (for example, if prohibited by law enforcement) or the content falls under the list of prohibited materials. We may take these actions at any time without liability or prior notice. Without limiting the above, we expressly reserve the right to delete or suspend your account without notice for violating the Terms, inappropriate conduct, or sharing prohibited content. If we or our partners determine that your behavior in other applications is inappropriate or unacceptable, or for any other reason deemed appropriate at our discretion, we may delete your account. If your account is deleted or suspended, you agree that you will not receive a refund for any already paid services or features. If you believe that we made an error in our actions regarding your account or content, you may appeal using our contact form.

    2.2. Prohibited content:

  • content that depicts an individual without their consent, or has been shared without their permission;
  • any content that impersonates or misleads others, including but not limited to fraud or deceitful behavior;
  • content that is deemed illegal or promotes illegal activities, including but not limited to terrorism and racial hatred;
  • content that is offensive, harassing, abusive, or causes psychological distress;
  • defamatory content or false claims, including content that is slanderous, libelous, or entirely fabricated;
  • obscene, pornographic, violent, degrading, or sexually explicit content, including nudity;
  • content that infringes on third-party rights, including but not limited to privacy rights and intellectual property rights;
  • content that promotes discrimination, racism, sexism, homophobia, hate or extremism;
  • any commercial-related content, including but not limited to sales, contests, promotions, sex work, or any advertisements, as well as links directing users to other websites or premium-rate phone numbers;
  • content that constitutes spam or promotes spamming;
  • spyware, malicious code, viruses, corrupted files, worms, Trojans, or any other malware that disrupts, damages, limits, or interferes with the operation of our app, associated hardware, software, networks, servers, or other devices, as well as any content that redirects or compromises personal data or information;
  • content that harms or tarnishes the reputation of our company or Services;
  • content that is incompatible with the intended use of our Services;
  • any other content that violates our Community Standards.
  • Uploading or sharing any prohibited content may result in immediate suspension or termination of your account.

    3. Content

    It is important for us that you are aware of the content available within our Services, especially the content you upload or share. The posting of inappropriate content is strictly prohibited.

    While using our Services, you have access to three types of content:

    content that you upload or share (“your content”), even if it is recommended by our Services.

    content uploaded or shared by other users (“user content”) within our Services.

    content provided by us for our Services and within the scope of those services.

    Content refers to any type of image, video, audio, text, or other material displayed within the scope of our Services, including user profiles and direct messages between users.

    3.1. Your content

    The content you share as "your content" reflects you. You are solely responsible for your content and, by uploading it, you agree to comply with all related requirements.

    By using our Services, you agree that your content complies with our Community Standards, including future updates. As your content is unique, you are fully responsible for it. You agree to indemnify and hold us harmless from any claims that may arise in relation to your content. Additionally, you warrant that any information you provide to us or any other users is accurate and truthful, and that you will update your account details as necessary to ensure their accuracy.

    All content in your profile must be relevant to the intended use of our Services. You may not upload prohibited content (as outlined in section 2.2), and your content must also align with our Community Standards.

    You may not display any personal contact details, banking information, or peer-to-peer payment details about yourself or others on your profile.

    If you choose to share personal information with another user, you do it so at your own risk. We recommend exercising caution and careful consideration when sharing personal details online, and think carefully about what personal data you make publicly available.

    Since our Services operate within a community, your content will be visible to all other users of the application. Therefore, we encourage you to ensure that you are comfortable with sharing your content publicly within the app. Furthermore, you agree that your content will be visible to other users and anyone visiting the app or accessing a link to the app (including links to a specific user profile or shared content). By uploading your content, you represent, warrant, and guarantee that you have all necessary rights and permissions to upload it. You automatically grant us a non-exclusive, free, perpetual, worldwide license, which we may transfer and sublicense to our partners and successors without further consent.

    To prevent the unauthorized use of your content by other users or third parties outside of the Bonsoir systems, you authorize us to act on your behalf in addressing any such infringements or unauthorized usage.

    It is possible that, through your content and user content (section 3.2), we may offer various tools and features or develop new technologies to enhance our Services. These tools may allow you to create or modify other content based on your own content. However, this remains your content, and you continue to be responsible for its accuracy and truthfulness, as well as for any decisions or actions taken based on the use of the content within our Services.

    Additionally, you agree that we may monitor and review your content and reserve the right, at our sole discretion, to edit, limit, remove, delete, or block access to it at any time. You also agree to the fact that we are not obligated to display or review your content.

    3.2. User content

    Other users also share content through our application, which is referred to as "user content". This content is owned by the user who posted it and is stored on our servers, displayed within the application as per that user's instructions. While you may access user content, it remains the property of the user who posted it, and unless otherwise specified in these Terms, you may not copy or use it for any purpose. You have no rights regarding another user's user content, and you may only use it in alignment with the purpose of Bonsoir, which is primarily to facilitate connections between users.

    We ask that you exercise caution when encountering user content, as it may be biased, inaccurate, misleading, or even harmful. Users are solely responsible for their own content and any decisions or actions made based on it.

    You may not use user content for commercial purposes, harassment, spying, or any form of illegal activity.

    We reserve the right to delete your account if you misuse another user's information or use user content for purposes not aligned with these Terms.

    3.3. Bonsoir's content

    All other content found within our Services is the property of our company or is used under exclusive license. All other content, including text, graphics, interfaces, trademarks, logos, artworks, and other intellectual property displayed in the application and on the related website, is under our control or license and is protected by copyright, trademark, data, and database laws. All rights, titles, and interests in our content remain with us and are exclusively ours.

    By participating in activities related to the development of our Services – such as voting, feedback, suggestions, or any related ideas or activities – you forfeit any rights to the outcome, content, and purpose of your input. You agree that we can freely use your responses without compensation. Participation in such surveys is voluntary, but by participating, you acknowledge and agree that our company has no obligation to utilize any of the results or ideas, and we retain the right to use them without compensation.

    We grant you a limited, personal, non-transferable, and revocable license to access and use our content under the following conditions:

  • you may use our content only in the manner permitted by the functionality of the application;
  • you may not use our name (“Bonsoir”) in meta tags, keywords, or hidden text;
  • you may not create derivative works based on our content;
  • you may not collect, analyze, or use our content for commercial purposes, either in whole or in part;
  • you may only use our content for lawful purposes.
  • All other rights are reserved.

    Bonsoir does not tolerate inappropriate content or misconduct within our Services. While we do not undertake an obligation to pre-screen either our content or User Content, we may intervene to ensure the safety of our users. We reserve the right to review, pre-screen, reject, remove, or block any content, including direct messages exchanged within the application. Since our goal is to maintain a positive and respectful community, we do not accept inappropriate content or behavior within our Services, and we encourage you to report such content or misconduct. You can submit reports via email at [email protected] or contact our customer support.

    In line with our Privacy Policy and to ensure the safety of our users, you understand and agree that we may take action or prevent the creation of a new account if we determine that you have violated our Terms. Additionally, you understand and agree that we may not share information with you about your account if it involves the safety or privacy of other users.

    The content is governed by Section 512(d) of the Digital Millennium Copyright Act of 1998 and all laws and regulations outlined in Section 1.

    3.3.1. Bonsoir content associated with purchases:

  • premium subscription: with a renewable subscription, you gain access to and can use all of our premium Services;
  • incognito mode: the renewable incognito mode subscription gives you control over the visibility of your profile, one of the premium features available;
  • credits: one-time purchase, non-renewable credits that can be redeemed for access to specific premium features.
  • 3.4. Additional provisions regarding content

    By using our Services, you also agree to:

  • comply with all applicable laws and regulations, including those related to privacy, intellectual property, anti-spam, equal opportunity, and regulatory requirements;
  • ensure that your profile contains your real name and age;
  • accurately represent your identity, current or past positions, and qualifications;
  • adhere to our Community Standards;
  • behave respectfully;
  • not post information for which you do not have appropriate authorization to share;
  • not engage in illegal conduct;
  • not harass or threaten other users;
  • use our Services in a non-deceptive or manipulative manner, including avoiding fraud, creating fraudulent profiles, and engaging in any behavior related to commercial or promotional activities;
  • not make unfounded statements, reports, or complaints;
  • not use tools designed to manipulate our Services, including but not limited to software, scripts, bots, or plugins.
  • In cases of suspicious behavior, our company may initiate an investigation to determine if a user has a criminal record. If a user has been charged or convicted of serious crimes, they may be excluded from using the Services. However, please be aware that these checks may not always be up to date and do not guarantee complete security, as criminals can evade even the most advanced technologies. The checks only include publicly available convictions and do not cover all types of crimes.

    It is also important to understand that by using our Services, you agree to release us and our successors from any claims, actions, losses, damages, rights, or legal proceedings that may arise, directly or indirectly, from your user interactions or the conduct of other users, including but not limited to personal injuries, fatalities, and property damage.

    4. Privacy Policy

    All information regarding the collection, use, and sharing of data is outlined in our Privacy Policy. By using the application and accessing our Services, you consent to the use of your data, including personal data, in accordance with our Privacy Policy.

    5. Payment Terms, Purchases, and Auto-Renewing Subscriptions

    You have the option to purchase products and Services from us. If you choose to subscribe, your subscription will automatically renew, and we will continue to charge you until the subscription is canceled.

    We offer products and Services for purchase within the application. By making a purchase, you acknowledge and agree that additional Terms may apply, which will be communicated to you during the purchase process, and that these Terms will become part of our Service Agreement.

    When purchasing a subscription, it will automatically renew according to the Terms provided at the time of purchase, until you cancel it. If you cancel the subscription, you will still have access to the benefits of the subscription until the end of the current subscription period.

    It is important to note that we also offer Services without requiring a subscription. Therefore, canceling your subscription will not delete your profile from our Services. If you wish to permanently delete your account, you must follow the instructions outlined in section 8.2.

    We may offer promotional pricing that could depend on the subscription duration, previous purchases, or other factors, and we reserve the right to modify these offers. We regularly test potential new features and payment options to ensure we provide the best possible Service. However, if you do not cancel your subscription on time, it will automatically renew at the full price listed at the time of purchase, and you authorize us to charge your payment method for the full amount.

    We reserve the right to restrict or discontinue the availability of any product, feature, or offer without prior notice, as well as to impose conditions on the use of any coupons, discounts, or promotions. Additionally, we may suspend users from conducting transactions or refuse to provide any products, Services, or offers at any time.

    In general, all fees for purchases are non-refundable, and no refunds or credits will be issued for partially used subscription periods.

    5.1. In-App Purchases

    You can make purchases within the app through our third-party provider, Stripe, using Apple Pay, Google Play, or a bank or credit card processed through Stripe's payment system.

    For more information on Stripe's services, please refer to this link.

    Once you complete a purchase, you authorize us to charge your chosen payment method. If the payment does not go through, you agree to promptly settle any outstanding balances as requested by us.

    If you initiate a chargeback or otherwise reverse the payment made through your chosen payment method, we reserve the right to immediately terminate your account at our discretion.

    If you purchase an auto-renewing subscription, your payment method will be charged automatically for the subscription period until you cancel it. The subscription will continue after the initial period and renew at the price and duration accepted during the subscription process until you cancel it.

    Please be aware that deleting the subscription or removing the app from your device will not cancel your subscription. This must be done through the subscription cancellation process.

    If we change our pricing, and you do not cancel your subscription, you automatically agree that your subscription will be billed according to our current pricing for subsequent periods.

    If you purchase credits, you can pay for them with a one-time payment, and you can use them for premium features until they are exhausted.

    In the event of an insufficient balance or any other reason for a failed payment, you remain responsible for the unpaid amount, and you authorize us to charge your updated payment method for the outstanding balance. As a result, the billing date may be adjusted accordingly.

    5.2. Types of Renewable Subscriptions

    We offer the following types of renewable subscriptions:

  • renewable premium subscription: includes access to all premium features along with a monthly allocation of bonus credits;
  • incognito feature subscription: includes the incognito feature alone, with no access to other premium features, and no additional credits.
  • Further details about purchasing credits are provided in Section 5.4.

    5.3. Cancelling your subscription

    To cancel or modify your subscription, go to your profile under the payment settings. Follow the on-screen instructions and confirm your cancellation.

    If you cancel your subscription, you will still be able to use the services associated with your subscription until the end of the current subscription period. However, the subscription will not renew after the current period expires.

    5.4. Credits as additional purchasable services

    In addition to subscriptions, we offer other purchasable items known as credits. These are virtual items available for separate purchase, are non-refundable, and are subject to certain conditions.

    Credits are non-refundable and come with specific conditions. They provide access to limited-use features that are related to our premium subscription but do not fully replace it. Credits are granted as personal, non-transferable, and non-revocable licenses, which can only be used within the Bonsoir app. Purchasing credits does not transfer any ownership rights or title to the credits to you, and your agreement to our Terms does not constitute the sale of any associated rights.

    Credits are not equivalent to real account balances. They simply represent the extent of your license to use features. No additional fees are charged for unused credits or for opting not to use them. However, it is important to know that your license to use your credits will be terminated if we discontinue our Services or if your account is closed or deleted in any manner.

    We reserve the right to charge fees for accessing or using credits at our discretion, and credits may be offered either for a fee or free of charge. We may alter, manage, regulate, or even discontinue credits at any time, which may affect their perceived value or purchase price.

    Credits cannot be sold, transferred, or assigned to others and may only be used within the framework of our Services.

    Purchasing and redeeming credits is final, and refunds are not available. By purchasing credits, you acknowledge that Bonsoir is not obligated to provide any refunds, and you will not receive money or any other form of compensation for unused credits, whether you choose to close your account or we are compelled to close your account.

    6. Rights and Permissions

    6.1. Rights granted to you

    In accordance with these Terms, we grant you the right to access and use our Services. As long as you comply with these Terms, we provide you with a personal, royalty-free, non-transferable, non-exclusive, revocable, and non-sublicensable license to use our Services for the purposes specified by us and in a manner permitted by these Terms and applicable laws. This license and your access to our Services can be revoked at any time if you fail to comply with these Terms.

    6.2. Rights You grant to us

    While you retain ownership of all content you provide to us, you grant us certain rights to use your content. By creating an account, you grant us an irrevocable, transferable, sublicensable, royalty-free license to use your content, including all information you provide. This includes the right to manage, store, use, copy, display, reproduce, adapt, edit, publish, modify, reformat, integrate into other works, advertise, distribute, and otherwise make it available to the public in any format or medium, whether currently known or developed in the future, based on the permissions you grant us. The license you grant to us for your content is non-exclusive; however, we hold an exclusive license with respect to any derivative works created using our Services, such as screenshots of our Services that feature your content.

    To prevent unauthorized use of your content outside of our Services, you authorize us to act on your behalf if your content is unlawfully used by other users or third parties. However, we are not obligated to take action against the unauthorized use of your content by other users or third parties.

    To enable your use of our Services, you accept that we, our affiliates, and third-party partners may display advertisements within the Services. If you submit suggestions or feedback regarding our Services, you agree that we may use and share them for any purpose without compensation to you.

    Additionally, you accept that we may access your account data, including your content, and retain or disclose it when required by law or when we believe, in good faith, that such access, retention, or disclosure is necessary in the following cases: (a) to comply with legal processes, (b) to enforce these Terms, (c) to respond to claims that your content infringes on the rights of a third party, (d) to address customer support inquiries, (e) to protect our rights or the rights, property, or personal safety of others, and (f) to investigate and prevent unlawful activities, alleged fraud, or other violations. In such cases, we may take appropriate actions as necessary.

    7. Notifications and other features

    7.1. Notifications

    We may send you emails, push notifications, alerts, or other messages regarding our Services, including updates, offers, products, events, promotions, or other relevant information. After downloading the application, you will have the option to accept or reject push notifications. If you opt out, you will not receive push notifications within the app, but you can modify these settings at any time through your mobile device's settings.

    You may also unsubscribe from or opt out of our emails or other communications by following the instructions provided in the messages we send.

    7.2. Additional features

    Our application may allow you to access certain content or receive products or services based on your location. To determine your location, we may use one or more reference points such as Bluetooth, GPS, or software running on your device. If you disable these features or do not allow the app to access your location data, you will not be able to access location-based content, products, or services.

    8. User account provisions

    8.1. Criminal background check and identity verification

    It is important to note that we do not conduct criminal background or identity checks on our users. While we aim to provide our Services in a proper manner and promote a positive user experience, we are not responsible for the conduct of our users, either within or outside of our Services. Therefore, we encourage you to always exercise caution when interacting with others and to review our Safety Guidelines.

    By using our application, you acknowledge and agree that:

  • we do not conduct criminal background or identity checks, nor do we assess or profile our users’ backgrounds in any other way;
  • we do not make representations or assume responsibility regarding the behavior, identity, health, mental or physical condition, intentions, legitimacy, or integrity of our users;
  • the information you provide authorizes us to verify criminal backgrounds or conduct other screenings based on publicly available records;
  • you are solely responsible for your interactions with other users;
  • we cannot guarantee and do not guarantee your safety;
  • We do not replace the need for you to adhere to our Safety Guidelines and other reasonable safety precautions.
  • We ask that you always use your judgment and take relevant precautions when meeting new people and interacting with others.

    We will do our best to create a safe and respectful environment to ensure a positive user experience, but we do not assume responsibility for the attitudes, behavior, or actions of users, either within or outside of our Services.

    By using our application, you further agree to act with caution and discretion when interacting with other users, and we do not take responsibility for the outcomes of such interactions.

    8.2. Termination of your user account

    If you no longer wish to use our Services, or if we exercise our rights and terminate your account, please be aware of the following:

  • you can delete your account at any time by logging into the application, selecting the "delete account" option in the settings, and following the instructions. However, to avoid further billing, it is essential that you cancel your subscription;
  • we expressly reserve the right to investigate and suspend your account, without refund, if we determine that you have violated our Terms or have abused our Services, or if your conduct is deemed inappropriate or illegal either within or outside the scope of our Services;
  • we reserve the right to use all available personal, technological, legal, or other resources to ensure compliance with these Terms and prevent access to our Services, without liability or prior notice.
  • If your account is terminated by you or suspended by us, these Terms will remain in effect between you and our company, and you will not be entitled to any refunds for purchases made. Your data will be retained and deleted in accordance with our Privacy Policy.

    9. Disclaimer of liability and limitation of liability

    Bonsoir’s liability is limited to the maximum extent permitted by applicable law.

    Our application, associated content, and Services are provided "as is," without any warranty, including but not limited to the quality, availability, features, or characteristics of our Services and content.

    We provide our Services based on availability and to the extent permitted by applicable law. We make no representations or warranties, whether express or implied, by statute or otherwise, including but not limited to warranties of satisfactory quality, merchantability, fitness for a particular purpose, title, or non-infringement. We do not guarantee that any content will be compatible with your device or that our application will meet your expectations. Furthermore, we do not guarantee that our Services will be uninterrupted, error-free, or secure, nor do we guarantee the safety of our Services. While we strive to resolve issues, we do not guarantee that any defects in our Services will be identified or corrected, nor that the information or materials you obtain through our Services will be accurate, reliable, or aligned with your objectives.

    The use of the application is at your own risk, and you are fully responsible for your interactions with other users. We do not guarantee or assume responsibility for the actions, communications, or meetings of our active users. We are also not responsible for ensuring that our users’ conduct complies with the rules and guidelines of our Services.

    We do not assume responsibility for any content posted, sent, received, or acted upon within our Services by you, other users, or third parties.

    We are not responsible for the identity, intentions, legitimacy, or integrity of any user. Accessing any information or materials through our Services is done at your own discretion and risk. As such, we are not liable for any damage to your software, hardware, devices, or related technologies, including but not limited to damages arising from security incidents, viruses, counterfeits, fraud, errors, omissions, disruptions, program bugs, delays in operation or transmission, hardware or network failures, or any other technical or other disturbances.

    Bonsoir is also not responsible for any other type of damage, whether direct, indirect, incidental, special, or punitive, including but not limited to data loss, loss of income or profits, property damage, or claims from third parties arising from your use or access to the application and its content, for any reason, whether due to breach of contract, intellectual property infringement, product liability, or any other basis. To the fullest extent permitted by applicable law, we shall not be liable for any indirect, consequential, incidental, special, punitive, fixed, or enhanced damages.

    This disclaimer applies even if we were aware of the potential for such damages. If you are dissatisfied with our Services, your sole and exclusive remedy is to discontinue using the application.

    By using our Services, you waive any claims arising from the use of any of our existing or related Services. Furthermore, you agree that the limitations and exclusions of liability and exclusive remedies will remain valid, even if their fundamental purpose is not fulfilled. The above disclaimers do not apply to liability arising from fraud, fraudulent misrepresentation, or any liability that cannot be limited or excluded by applicable law.

    10. Indemnification

    You are fully responsible for any actions taken within the framework of our Services and for any information uploaded to our application. Therefore, you agree to indemnify, defend, and hold harmless us, our partners, affiliates, employees, directors, and representatives from any claims, damages, legal actions, proceedings, demands, losses, liabilities, costs, and expenses brought by third parties, including but not limited to those arising from any negligent act, omission, or intentional misconduct on your part, or any act by you related to accessing and using the application, uploading content, violating our Terms, or infringing any laws or third-party rights.

    We reserve the right to resolve any claims or legal proceedings and settle them without your prior consent. If your consent is required, you agree to cooperate fully and reasonably with us in addressing any relevant claims.

    11. Dispute resolution

    In the rare event of a legal dispute between you and our company, the Parties agree to the following procedure, except where prohibited by applicable law. If you are dissatisfied with our Services for any reason, we ask that you first contact us at [email protected] so we can resolve the issue without external assistance. If you decide to pursue legal action or make a claim against our company, the Terms outlined herein will apply.

    As a company, Bonsoir values its business relationships and prefers to resolve any disputes informally. A "dispute" is defined as any legal or other conflict or claim between you and the company that arises from or relates to this agreement, our Services, or the relationship between the two parties. The term "dispute" should be understood in the broadest sense and includes any claim that arose before or during the existence of the current or any previous agreement, as well as after its termination unless replaced by a subsequent contract.

    Offers, promises, statements, and conduct made during informal dispute resolution are confidential and cannot be used in future proceedings, except if necessary to prove that a party has complied with the informal dispute resolution process, provided that such evidence remains admissible.

    Please note that in order to file a complaint, it must concern a service you received from us that was not free but for which you made a payment. Furthermore, you should be aware that under the European Parliament and Council Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes, as well as Directive 2013/11/EU, and in compliance with Hungary's 1997 CLV Act on consumer protection, you can submit complaints directly via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

    To use the online dispute resolution platform, you must be a citizen of an EU member state residing within the European Union, and your complaint must relate to a service that was initiated within the EU. Your complaint will be forwarded to the Hungarian online dispute resolution contact point.

    If you encounter any issues during your purchase, you may submit a complaint through the contact details provided in this agreement. Our complaint handling process is free of charge. If you submit a written complaint, we will examine the matter and inform you in writing of the outcome within 30 days of receiving the complaint. Upon request, we will also provide the result electronically. Complaints will be assessed based on applicable laws, and we will take appropriate action, either resolving or rejecting the complaint. Our response will include a detailed explanation of the outcome of the investigation, actions taken to resolve the issue, and reasons for any rejection. We aim to provide a clear and comprehensible explanation, avoiding unnecessary legal jargon.

    During the complaint process, we will handle the following personal information:

  • your name;
  • your address or correspondence address;
  • your phone number;
  • preferred method of notification;
  • description and reason for the complaint;
  • any claim related to the complaint;
  • copies of any documents in your possession that support the complaint;
  • any other necessary information to investigate and respond to the complaint.
  • We will handle the personal data you provide in compliance with the provisions of Act CXII of 2011 on the right to information self-determination and freedom of information. Written complaints and responses are archived for five years. After this period, the data (documents) will be discarded. Personal data recorded in the complaint register will only be used for the purpose of registering and processing the complaint.

    If your complaint is partially or fully rejected, or if the investigation period expires without resolution, or you wish to file any other consumer complaint, you may contact the relevant district government office. Additional information is available at: http://jarasinfo.gov.hu

    Our dispute resolution process applies to any dispute arising between you and our company, including claims that arose before or after your acceptance of this agreement.

    12. Acceptance of Terms

    By using our application and, thereby, accessing our Services, you accept the Terms outlined in this Agreement. Our Services are available on mobile devices and through our mobile application. By using them, you acknowledge that you are bound by these Terms, our Privacy Policy, Community Standards, and Safety Guidelines, which may be updated or amended periodically. If you do not accept the full Terms of this Agreement, we kindly ask that you refrain from using our Services.

    We reserve the right, at our sole discretion, to terminate your account, cancel your subscription without compensation, or take any necessary action, including submitting your content to the appropriate legal authorities, if we determine that you have violated any part of our Agreement, Privacy Policy, Community Standards, or have misused our application. This may also include any other behavior deemed inappropriate or unlawful by our company, without prior notice to you.

    By using the application, you affirm that you voluntarily accept and agree to adhere to these Terms, including our Privacy Policy and Community Standards. Together, these documents represent the entire agreement between you and us regarding the use of our Services. Your use of the application indicates your voluntary acceptance of all applicable provisions and your agreement to follow these associated guidelines.

    These Terms do not create any agency, partnership, or employee relationship between you and our company, nor do they authorize you to make statements or assume any obligations on behalf of Bonsoir.

    13. Miscellaneous provisions

    We strive to ensure that the information available on our application is accurate, accessible, and complete. However, it is important to note that we provide this information as it is currently available. Our company does not make any representations or warranties, whether express or implied, regarding the accuracy of the information provided within the application.

    Use of the application and its information is at your own risk. We accept no responsibility for any loss arising from the transmission or use of data, or from inaccurate content created by other users.

    By using the application, you accept that it may not always operate uninterrupted or error-free, that errors may not always be correctable, and that we are not responsible for any damages resulting from any user-side (software or hardware) errors or malfunctions.

    Our application may contain links to third-party websites or resources. By using such links, you accept that Bonsoir is not responsible or liable for the content or information displayed on these sites, nor for any third-party products or services. You take full responsibility and assume all associated risks when following, clicking on, or using such links.

    The rights and licenses granted under these Terms are non-transferable and non-assignable to you, but our company reserves the right to assign these rights without restriction.

    14. Governing law and jurisdiction

    This Agreement, including all aspects related to it, shall be governed by Hungarian law, except where prohibited by statute. The Hungarian law shall apply to all aspects of the contract or the Services, including dispute resolution, with the exclusion of any conflict of law rules.

    Applicable and governing laws include:

  • the 1998 Digital Millennium Copyright Act;
  • Regulation (EU) 2016/679 of the European Parliament and the Council (April 27, 2016);
  • The Fundamental Law of Hungary;
  • The Hungarian Civil Code;
  • Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information (Info Act);
  • Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (eCommerce Act);
  • Act C of 2003 on Electronic Communications (Eht.);
  • Act XLVIII of 2008 on the Essential Conditions of and Certain Limitations to Business Advertising Activity;
  • Act CXVII of 1995 on Personal Income Tax and Act CL of 2017 on the Rules of Taxation;
  • Act C of 2000 on Accounting, Section 169 (relating to document retention, "Accounting Act").
  • Relevant legal documents can be accessed at: http://net.jogtar.hu.

    15. Our company

    Our Services are provided by Ébredj Velem Kft., a company registered under the Hungarian company number 03-09-138341. Our registered office is located at 6400 Kiskunhalas, Esze Tamás ltp. 2/A, fsz. 1, and our tax identification number is 32544688-1-03. The company is represented by Edina Magyar, CEO.

    Certain parts of our Services are available to users free of charge, while others, such as premium subscriptions or credit-based services, are available for a fee.