The Bonsai Platform can be updated as often as every week, with updates occurring between the hours of 11:00 AM and 2:00 PM Pacific. Updates are often short but occasionally will consume the entire window.
The Bonsai Platform occasionally needs maintenance performed on top of routine updates. When needed, this maintenance will occur between the hours of 11:00AM and 9:00PM on the first Tuesday of the month.
When maintenance is being performed the Bonsai Platform will not be available for use.
1. Your Agreement with Bonsai
1.1 Your use of the Bonsai Services are governed by this agreement (the "Terms"). "Bonsai" means Bonsai AI, Inc., located at 2150 Shattuck Avenue, Suite 1100, Berkeley, CA, 94704, United States, and its subsidiaries or affiliates involved in providing the Bonsai Services. The “Bonsai Services” means the services and content Bonsai makes available through this website, including this website, the Bonsai cloud computing platform, Bonsai’s Inkling programming language, Bonsai BRAIN, Bonsai Mastermind, Add-ons and any other software or services offered by Bonsai in connection to any of those.
1.2 In order to use the Bonsai Services, you must first agree to the Terms, and by actually using the Bonsai Services, you are thereby agreeing to the Terms. You understand and agree that Bonsai will treat your use of the Bonsai Services as acceptance of the Terms from that point onwards.
1.4 You may not use the Bonsai Services if you are a person barred from receiving the Bonsai Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Bonsai Services. You affirm that you are 13 years of age or older, as the Bonsai Services are not intended for children under 13.
1.5 You agree your use of Bonsai Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Bonsai or any of its affiliates regarding future functionality or features.
2. Your Account and Use of the Bonsai Services
2.1 You shall provide accurate and complete registration information any time you register to use the Bonsai Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Bonsai immediately.
2.2 Your use of the Bonsai Services shall comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the Bonsai Services by any means other than through the interface that is provided by Bonsai in connection with the Bonsai Services, unless you have been specifically allowed to do so in a separate agreement with Bonsai, or (b) engage in any activity that interferes with or disrupts the Bonsai Services (or the servers and networks which are connected to the Service).
2.4 Your account has “hard” and “soft” usage limits, per the Bonsai Acceptable Use Policy at bons.ai/policies The Bonsai Services does not permit you to exceed the hard usage limits, and you shall not attempt to do so. Bonsai reserves the right to enforce soft usage limits in its sole discretion, which may result in Bonsai serving a “quota exceeded” page to you or users to whom you serve via the Bonsai Services (“End Users”). Repeated exceeding of the hard or soft usage limits may lead to termination of your account.
2.5 You may use the Bonsai Services only to develop and run your applications on the Bonsai infrastructure. You may not install or use the Bonsai Services for any other purpose without Bonsai’s prior written consent. Without limiting the generality of the foregoing, you may not access the Bonsai Services for the purpose of bringing an intellectual property infringement claim against Bonsai or for the purpose of creating a product or service competitive with the Bonsai Services.
3. Service Policies and Privacy
3.1 You shall at all times comply with the Bonsai Acceptable Use Policy available at www.bons.ai/acceptableuse (the "Acceptable Use Policy") which is incorporated herein by this reference and which may be updated from time to time.
3.3 You agree that you will protect the privacy and legal rights of the End Users of your application. Without limiting the generality of the foregoing, you shall provide legally adequate privacy notice and protection for End Users. Further, if End Users provide you with user names, passwords, or other login information or personal information, you shall make the users aware that the information will be available to your application and to Bonsai, as applicable.
4. Fees for Use of the Bonsai Services
4.1 Subject to the Terms, the Bonsai Services is provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services, as may be further described in Bonsai’s ’s then-applicable fees and payment policies.
4.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in Bonsai’s then-applicable fees and payment policies, if different. You represent and warrant to Bonsai that such information is true and you will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorney’s fees Bonsai incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Bonsai's measurements of your use of the Bonsai Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Bonsai and only in the form of credit for the Bonsai Services. Nothing in these Terms obligates Bonsai to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Bonsai may be shared by Bonsai with companies who work on Bonsai's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Bonsai and servicing your account. Bonsai may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Bonsai shall not be liable for any use or disclosure of such information by such third parties. Bonsai reserves the right to discontinue the provision of the Bonsai Services to you for any late payments.
4.3 Bonsai may change its fees and payment policies for the Bonsai Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Bonsai may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
4.4 You may not develop multiple Applications to simulate or act as a single Application or otherwise access the Bonsai Services in a manner intended to avoid incurring fees.
5. Content on the Bonsai Services and Take Down Obligations
5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Bonsai Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the application that you create using the Bonsai Services and any source code written by you to be used with the Bonsai Services (collectively, "Applications"). For clarity, Content and Applications do not include any portion of the Bonsai Services, nor any other Bonsai technology, methodologies and intellectual property (including, without limitation, any such product(s), software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation), and any intellectual property rights in or to any of the foregoing.
5.2 Bonsai reserves the right (but shall have no obligation) to remove any or all Content from the Bonsai Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from Bonsai. In the event that you elect not to comply with a request from Bonsai to take down certain Content, Bonsai reserves the right to directly take down such Content or to disable Applications.
5.3 In the event that you become aware of any violation of the Acceptable Use Policy by an End User, you shall immediately terminate such End User's account on your Application. Bonsai reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
5.4 You agree that you are solely responsible for (and that Bonsai has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Bonsai Services and for the consequences of your actions (including any loss or damage which Bonsai may suffer) by doing so.
5.5 You agree that Bonsai has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
6. Proprietary Rights
6.1 You acknowledge and agree that, as between the parties, Bonsai owns all legal right, title and interest in and to the Bonsai Services, including any intellectual property rights which subsist in the Bonsai Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Except as provided in Section 8, Bonsai acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the Bonsai Services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that Bonsai has no obligation to do so on your behalf.
7. License from Bonsai and Restrictions
7.1 Bonsai gives you a personal, non-sublicensable, non-transferable and non-exclusive license to use the software provided to you by Bonsai as part of the Bonsai Services as provided to you by Bonsai during the term of these Terms, solely for the purpose of enabling you to use and enjoy the benefit of the Bonsai Services as provided by Bonsai, in the manner permitted by the Terms, strictly in accordance with the related user documentation and any terms and procedures Bonsai may prescribe from time to time.
7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Bonsai Services or any part thereof, unless this is expressly permitted or required by law, or unless and solely to the extent you have express permission to do so from Bonsai, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Bonsai Services or any applications running on the Bonsai Services.
7.3 Open source software licenses for components of the Bonsai Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses constitute your agreement with Bonsai for the use of the components of the Bonsai Services released under the applicable open source license.
7.4 Bonsai hereby grants you a limited, non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to display the Bonsai trademarks and/or logos (“Marks”) for the sole purpose of promoting or advertising that you use the Bonsai Services and solely in accordance with Bonsai’s then current Trademark Usage Guidelines, which may be found at https://www.bons.ai/policy/trademark (or such other URL Bonsai may provide from time to time). You agree that all goodwill generated through your use of the Bonsai Marks shall inure to the benefit of Bonsai.
8. License from You
8.1 Bonsai claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Bonsai Services you give Bonsai a worldwide, royalty-free, sublicensable, non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute such Content for the sole purpose of enabling Bonsai to provide you the Bonsai Services. Furthermore, by creating an Application through use of the Bonsai Services, you give Bonsai a worldwide, royalty-free, sublicensable, non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, and otherwise use such Application for the sole purpose of enabling Bonsai to provide you the Bonsai Services. Notwithstanding anything to the contrary, Bonsai shall have the right to collect and analyze data and other information relating to the Services (including, without limitation, information concerning Content and your Application(s), and data derived therefrom), and Bonsai will be free (during and after the term) to use such information and data (for clarity, excluding any such Content or Application, itself) to improve and enhance the Services, and for other development, diagnostic and corrective purposes in connection with the Services and other Bonsai offerings and to disclose such information and data (solely in aggregate or other de-identified form) in connection with its business.
8.3 By adding a collaborator to your Application, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, edit, translate and analyze such Application(s) and Content as permitted by the relevant Bonsai Services functionality or features for the sole purpose of collaborating with you and your other Collaborators on development of the Application(s).
8.4 You may choose to or we may invite you to submit comments or ideas about the Bonsai Services, including without limitation about how to improve the Bonsai Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bonsai under any fiduciary or other obligation, and that we are free to use and disseminate the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
9.1 Bonsai may make available through the Bonsai Services additional features, functionality, and services offered by its third-party partners (“Add-ons”). Your use of Add-ons is subject to these Terms and to the Applicable Fees. You acknowledge for each Add-on you subscribe to or purchase through the Bonsai Services, these Terms constitute a binding agreement between you and the third party licensor of that Add-on (“the Add-on Provider”) only. The Add-on Provider of each Add-on is solely responsible for that Add-on, the content therein, and any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge that you are purchasing the license to each Add-on from the Add-on Provider of that Add-on; Bonsai is not a party to the license between you and the Add-on Provider with respect to that Add-on; and Bonsai is not responsible for that Add-on, the content therein, or any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge and agree that Bonsai, and Bonsai’s subsidiaries, are third party beneficiaries of the agreement between you and the Add-on Provider for each Add-on, and that Bonsai will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.
9.2 By subscribing to or purchasing an Add-on, you grant Bonsai permission to share your Application, Content, and user information with the Add-on Provider as necessary in order to provide you the Add-on.
9.3 The license granted to you to use any Add-on is personal to you, and is not sublicensable to your End Users. You may not provide or resell Add-ons to others.
10.1 Bonsai may, and you grant us permission to, make recommendations via the Bonsai Services for products or services we think may be of interest to you based on your Application(s), Content, and/or use of the Bonsai Services. We will never use the End User information made available by you to make recommendations directly to your End Users.
11. Modification and Termination of the Bonsai Services
11.1 Bonsai is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Bonsai Services which Bonsai provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the Bonsai Services will be effective with respect to all versions of the Bonsai Services; examples of changes to the form and nature of the Bonsai Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements. You agree that Bonsai will not be liable to you or to any third party for any modification.
11.2 You may terminate these Terms at any time by canceling your account on the Bonsai Services. You will not receive any refunds if you cancel your account.
11.3 You agree that Bonsai, in its sole discretion and for any or no reason, may suspend or terminate these Terms or your account or any part thereof. You agree that any termination of your access to the Bonsai Services may be without prior notice, and you agree that Bonsai will not be liable to you or any third party for such suspension or termination.
11.4 You are solely responsible for exporting your Content and Application(s) from the Bonsai Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
11.5 Upon any termination of the Bonsai Services or your account these Terms will also terminate, but Sections 6.1, 7.2, 8.1, 11, 12, 13, 14, and 18 shall continue to be effective after these Terms are terminated.
12. EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT BONSAI'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE BONSAI SERVICE IS AT YOUR SOLE RISK AND THAT THE BONSAI SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
12.3 BONSAI, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE BONSAI SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BONSAI, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE BONSAI SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE BONSAI SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE BONSAI SERVICES WILL BE ACCURATE.
13. LIMITATION OF LIABILITY
13.1 SUBJECT TO SECTION 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BONSAI, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. IN NO EVENT WILL BONSAI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BONSAI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
13.2 THE LIMITATIONS ON BONSAI'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT BONSAI HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14.1 You agree to hold harmless and indemnify Bonsai, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Bonsai and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Bonsai Services, (c) your violation of applicable laws, rules or regulations in connection with the Bonsai Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Bonsai will provide you with written notice of such claim, suit or action.
15. Copyright Policy
15.1 You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA Notices"). It is Bonsai's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers.
15.2 We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice. A notification of claimed copyright infringement should be emailed to Bonsai’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Bonsai AI, Inc.
2150 Shattuck Ave, Suite 1100
Berkeley, CA 94704 USA
Fax +1 510-900-1138
To be effective, the notification must be in writing and contain the following information:
15.3 If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Bonsai will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
15.4 In accordance with the DMCA and other applicable law, Bonsai has adopted a policy of terminating, in appropriate circumstances and at Bonsai’s sole discretion, users who are deemed to be repeat infringers. Bonsai may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
16. Other Content
16.1 The Bonsai Services may include hyperlinks to other web sites or content or resources or email content. Bonsai may have no control over any web sites or resources which are provided by companies or persons other than Bonsai.
16.2 You acknowledge and agree that Bonsai is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
16.3 You acknowledge and agree that Bonsai is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
17. Changes to the Terms
17.1 Bonsai may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days’ notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
17.2 You understand and agree that if you use the Bonsai Services after the date on which the Terms have changed, Bonsai will treat your use as acceptance of the updated Terms.
18. General Legal Terms
18.1 The Terms constitute the whole legal agreement between you and Bonsai and govern your use of the Bonsai Services (but excluding any services which Bonsai may provide to you under a separate written agreement), and completely replace any prior agreements between you and Bonsai in relation to the Bonsai Services.
18.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
18.3 If Bonsai provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
18.4 You agree that Bonsai may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Bonsai Services. By providing Bonsai your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
18.5 You agree that if Bonsai does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Bonsai has the benefit of under any applicable law), this will not be taken to be a formal waiver of Bonsai's rights and that those rights or remedies will still be available to Bonsai.
18.6 Bonsai shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
18.7 The Terms, and your relationship with Bonsai under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Bonsai agree to submit to the exclusive jurisdiction of the courts located within the County of Alameda, California to resolve any legal matter arising from the Terms.
18.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the Bonsai Services upon written notice to the assigning party.