Terms of Service

INTRODUCTION

Version: May 26, 2020

Bounce Boss (as accessible at https://bounceboss.co.uk) is the smartest way to send audio files and collaborate with other music professionals. Bounce Boss is operated by Bounce Boss Ltd.

Bounce Boss Ltd is incorporated in and is subject to the laws in England & Wales with the registered company number 11614088. Our registered office address is: Bounce Boss Ltd, 86-90 Paul Street, London EC2A 4NE, United Kingdom.

These terms set out the general terms of service provided by us. By signing up to our service you are agreeing to the terms of service as set out below in this document. Please review these terms carefully.

We have made every effort to make this document as easy to understand as possible. We hope this helps you gain a good understanding of what we offer you, what you can expect from us, and, what we expect from you.

If you have any questions about these terms or if you have a question or query about our service, please contact us at terms@bounceboss.co.uk.

FREE TRIAL

We offer all new customers a free trial. No payment or credit card is required for the trial. During periods of high demand there may be a waiting list in operation. Free trials are released on a first come first serve basis.

After your free trial has finished, we will keep your projects and files safe for 7 days. If you decide not to sign up to a paid subscription then your projects and files will be permanently deleted after this time.

PAYMENT TERMS

Our standard payment method is regular monthly credit card subscription payment.

We cannot accept paper cheques without prior agreement. Note: We can currently only accept paper cheques in the following currencies: British Pounds (GBP), US Dollars (USD) and Euros (EUR).

Our primary currency is Great British Pounds (GBP). We can also setup your account for billing in your local currency on request.

Payment is always made in advance for your service: for pay monthly customers this is one month in advance.

There is no minimum subscription term. You simply pay to use our service each billing interval.

Each month, when your next regular subscription payment is due, we will email the account leads (and any other billing contacts setup) on your account an electronic invoice. Your electronic invoice will contain a unique invoice number, details of the plan you are subscribed to, any pro-rata plan changes and the final invoice amount. A short time after your electronic invoice has been sent, we will attempt to take your regular monthly payment and, if this is successful, you will then receive a separate payment receipt email. Your payment receipt will include the stripe payment reference and confirm the payment amount charged to your credit card.

Charges will appear as "bounceboss.co.uk" on your credit card's statement.

FAILED PAYMENTS

If we are unable to charge your credit card for your next month of service, we will email the account leads (and any other billing contacts setup) on the account and notify you of a failed payment attempt. If we are still unable to process your payment after three attempts we will cancel your subscription with us. There is no penalty if this happens and if you wish to continue with our service again in the future, you simply need to re-subscribe again with your updated card details.

We will keep your files safe for 30 days following failed payments. The files will be permanently deleted after this period if you do not re-subscribe.

PAYMENT PROCESSING

We use Stripe to process all payments securely. Bounce Boss uses secure SSL on all of our website pages - including our account management pages. We do not store any sensitive card details on our servers as defined by The Payment Card Industry Data Security Standard (PCI DSS). We may store card expiry and the last four card digits in order to aid identification of the card you have on file with us - these details are not defined as being sensitive by the PCI DSS.

CHANGES TO YOUR PLAN

Any changes to your subscription plan will be displayed in your account area. If you are changing subscription plans then you will receive an email notification from us confirming the plan changes you’ve previously agreed with us. Your next invoice will also show the adjustments to your regular payment.

When upgrading a plan you will be charged the new plan rate for the remaining days before your next billing period.

When downgrading a plan the billing will update on the following cycle.

SERVICE PROVISION

We will provide the Bounce Boss service for your regular monthly payment.

We use a cloud provider that provides our infrastructure for the Bounce Boss service.

All of our application servers are located inside the European Economic Area (EEA).

Due to the nature of cloud hosted software-as-a-service (SaaS) platforms, there is the possibility of a service outage due to an upstream issue with our cloud provider or their network - equipment can fail and does from time-to-time.

Where there is an upstream infrastructure problem the Bounce Boss service may not be available until the problem has been resolved. In the event of a problem like this you don’t need to do anything, as the Bounce Boss service will simply resume once the problem has been resolved. Failure events are thankfully rare and, in our experience, when they have previously occurred, they have been addressed very quickly by our cloud service provider (normally under an hour). In the case of a more severe fault with a longer predicted outage, we will do our best to notify all affected customers accordingly.

DDoS (distributed denial of service) attacks are another problem that can prevent access to a cloud-based service like Bounce Boss. These attacks can be mitigated by our cloud service provider but they can sometimes make it difficult to access our platform.

When a problem arises that is due to an error or fault with our software then we will always address this with the highest priority to resolve it. Most problems like this are resolved within an hour (and generally within minutes) of being reported to us.

CONFIDENTIALITY

Any file transfer between you and recipients is treated confidentially. Bounce Boss does not provide any public search function, catalogue or listing to find transfers that would be available. We treat your content with respect. We don’t let anyone search for anything on the website. Be mindful of where and how you share download links and who you invite to collaborate with you on Bounce Boss. When someone has access to downloads in a Bounce Boss projects, they have access to the files it links to.

Bounce Boss will not look into your transfer or files, unless this is necessary and in line with our Privacy & Cookie Statement, for instance to provide you with (technical) support on your request or if we are by law obliged to do so. You acknowledge that people can be invited to view and download files from Bounce Boss projects - whoever is invited to or has access to a Bounce Boss project can download the files contained in that project. Bounce Boss Subscription accounts have the ability to remove certain permissions from collaborators in projects.

DATA BACKUP

To protect against data loss, our cloud provider uses hardware based SSD RAID 10. In addition to this, we utilise backups.

SUPPORT

Our support is email based with most queries generally answered within 24 hours. Telephone support is not included in any of our plans but is generally available on a discretionary basis for those problems where it is merited.

SECURITY

Our servers are secured following best industry practices and regularly updated to prevent unauthorised access. However, it is important to note that no cloud based service is immune to the possibility of hacking attempts. Hacking attempts are becoming ever more sophisticated and use of so-called “zero day vulnerabilities” could mean that unauthorised parties may potentially gain unauthorised access to our servers and therefore your data.

If we become aware of any such unauthorised access to our servers we will: take steps to secure our servers based on the threat or exploit; notify all customers and; force a reset of all account passwords.

CANCELLATION

You are free to cancel your subscription at any time without any fees or penalty. You can do this in the Account section. When your account has been cancelled you will receive an email confirmation from us. Any unused time remaining on your plan is still available for you to use.

Please note: We do not refund monthly payments. If you wish to cancel your subscription then please remember to cancel your subscription before your next billing date. You can find your billing date on the Account page. Cancelling before your next billing date will ensure that you are not charged again for another month of service.

HOW WE USE YOUR DATA

Bounce Boss, as a controller, will use your information for: Providing our service to you as part of your monthly subscription. Contacting you by email with your invoices and other important information about your account Providing you with the necessary email notifications essential for the use of the Bounce Boss service.

We will never sell, share or distribute any of your data with any third parties unless we are required to do so by law to a person authorised to obtain data under specific legislation.

Individuals have the right to complain to the ICO if you believe there is a problem with the way we have handled your data.

We fully support the rights of the individual under the GDPR:

• the right to be informed;
• the right of access;
• the right to rectification;
• the right to erasure;
• the right to restrict processing;
• the right to data portability;
• the right to object; and
• the right not to be subject to automated decision-making including profiling.

SUBJECT ACCESS REQUESTS

If you wish to make a subject access request then please contact us at data@bounceboss.co.uk. There is no fee for requesting this and we will action any request within the one month time frame.

DATA LIBERATION / PORTABILITY

You own the data you and/or your users enter into Bounce Boss. We are fully committed to data liberation and portability.

DATA RETENTION

We will retain your data for the periods outlined above following your account cancellation or closure, unless you have specifically agreed or requested a longer retention period with us. At this point we will remove all of your account data, except for some basic information that we use for our historical billing records and accounting purposes. Please note: Once your account data has been removed it will not be possible to recover it.

We are required by HMRC to keep information for six years but it will also aid with any billing or account queries you may have after you have closed your account with us.

RESTRICTIONS

Bounce Boss respects your rights and expects that you respect those of Bounce Boss, its artists, advertisers and third parties. This includes respecting the right to privacy, corporate intelligence and business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the Bounce Boss services to commit or promote, enable or facilitate unlawful or criminal acts or violations of these Terms of Service or facilitate or promote others to do so. As a condition to make use of the Bounce Boss services you agree not to transfer, distribute or store any files that:

• feature child pornography;
• are obscene, defamatory, libellous, slanderous, profane, indecent or unlawful, promote racism, violence or hatred;
• are factually inaccurate, false, misleading or deceptive;
• you don’t have the right to copy and/or transfer;
• infringe, violate or misappropriate intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
• infringe on or violate any applicable law or regulation;
• constitute ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group, and/or;
• facilitate or promote gambling, or the sale or use of liquor, tobacco products or illicit drugs.

In addition, you agree not to:

• impersonate or falsely pretend affiliation with any person or entity;
• access any non-public areas of the Bounce Boss website or Services;
• send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
• attempt to probe, scan, compromise or test the vulnerability of the Bounce Boss website or Services or any related service, system or network or breach any security or authentication, unless you do so in accordance with our Responsible Disclosure Policy.

COOKIES

We use cookies to provide our service to you and your customers. Cookies allow us to provide and operate the service (for example, remembering who you are logged in as) and for anonymous usage statistics (Google Analytics). No individual user is personally tracked or is identifiable.

COMPLAINTS

We want you to be fully satisfied with the service we provide. If for any reason you are not happy with the service we have provided then please contact us at help@bounceboss.co.uk so we can do our best to address your concerns.

DISPUTES

In the unlikely event of any dispute which cannot be resolved by our team, you agree to using arbitration to settle any such dispute instead of litigation or court action.

INDEMNITY & LIABILITY

Bounce Boss provides its services “AS-IS”, without warranty of any kind. By signing up to, and using the Bounce Boss service, you are agreeing to our terms of service and you also confirm that you understand the risks associated with using a cloud-based service, some of which are highlighted in these terms.

Without limiting the foregoing, Bounce Boss explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Bounce Boss makes no warranty that the services are available on an uninterrupted, secure or error-free basis. Your use of the Services is at your own risk. You acknowledge and agree that Bounce Boss is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Services and is not responsible for any failure of the Services to store, transfer or delete a file or for the corruption or loss of any data, information or content contained in a file.

You agree that you will not hold Bounce Boss Ltd liable for claims of any kind, including, but not limited to, financial, data or any other loss incurred as a result of using our service.

You will defend, indemnify and hold harmless Bounce Boss, including its employees and affiliates, from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms of Service, including any third party claims that files submitted to the Services by you or through your account infringe or violate any third party rights.

Bounce Boss is not liable for any damage or personal injury resulting from any use of the Bounce Boss website or Services. The limitation of liability referred to in this clause shall not apply if the liability for damage is caused by intent or gross negligence on the part of Bounce Boss. In the event Bounce Boss is liable for damage under mandatory law, Bounce Boss’s aggregate liability to you for any and all claims arising out of or in connection with the use of the Services will in no event exceed one hundred euro (€100) per incident.