Terms of Service
Effective Date: April 2025
LIVE Tapestry LLC, doing business as Bonfire AI
These Terms of Service (the "Agreement") are entered into by and between LIVE Tapestry LLC, doing business as Bonfire AI ("Bonfire," "we," "us," or "our") and the entity or person ("Customer," "you," or "your") accessing or using our services. By accessing or using any of Bonfire's services, you agree to be bound by this Agreement. If you are using the services on behalf of an organization, you represent that you have the authority to bind that organization to this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.
1. Definitions
- Affiliate means any entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of the voting interests of the entity.
- Agreement means these Terms of Service and any Order Forms and documents incorporated herein.
- Customer Data means any data, content, or information provided by or on behalf of Customer or its users in connection with the use of the Services, including sermons, training materials, documents, and organizational content uploaded to create AI guides.
- Dashboard means the online interface provided by Bonfire through which the Customer can access and manage the Services.
- Documentation means the user guides, manuals, and other technical documentation provided by Bonfire related to the Services.
- Effective Date means the date on which you first access or use the Services.
- Order Form means any ordering document or online order specifying the Services to be provided under this Agreement.
- Permitted Users means employees, contractors, or agents of Customer or its Affiliates who are authorized to use the Services.
- Services means the software-as-a-service products and related services provided by Bonfire as specified in an Order Form, including AI guide creation, content ingestion, and organizational chat interfaces.
- Subscription Term means the period during which the Customer is authorized to use the Services as set forth in an Order Form.
- Third-Party Services means any third-party applications, integrations, or platforms that may interoperate with the Services.
2. Bonfire Services
2.1 Provision of Services
Bonfire provides a platform that allows customers to transform organizational content (including sermons, training materials, and documents) into AI-powered guides that respond in the organization leader's voice with cited sources, manage conversations with end users, and integrate these features into their websites or applications.
2.2 Access and Use
Subject to the terms of this Agreement, Bonfire grants you a limited, non-exclusive, non-transferable right to access and use the Services during the Subscription Term solely for your internal business purposes.
2.3 Permitted Users
You may allow Permitted Users to access and use the Services in accordance with this Agreement. You are responsible for compliance by Permitted Users with this Agreement.
2.4 Restrictions
You shall not:
- License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Services available to any third party except as permitted herein;
- Modify or make derivative works based upon the Services;
- Reverse engineer, disassemble, or decompile the Services;
- Access the Services in order to build a competitive product or service;
- Use the Services to create AI outputs that misrepresent the identity of the underlying AI system or that are intended to deceive end users.
2.5 Trial Use
If you are accessing the Services on a trial basis, your use is subject to the terms of this Agreement, and the trial period will be specified in the Order Form or otherwise communicated to you. At the end of the trial period, your access will terminate unless you enter into a paid Subscription Term.
3. Customer Data and Obligations
3.1 Customer Data
You retain all rights to your Customer Data. You grant Bonfire a non-exclusive, worldwide, royalty-free license to use, process, and transmit Customer Data as necessary to provide the Services, including to train and improve AI guides scoped to your organization.
3.2 Data Compliance
You represent and warrant that you have obtained all necessary rights, consents, and permissions to provide the Customer Data to Bonfire and that your Customer Data does not violate any applicable laws or third-party rights.
3.3 Prohibited Data
You agree not to upload or transmit any sensitive personal information, such as social security numbers, credit card information, health information, or any other information subject to specific regulatory or statutory protection regimes, unless agreed to in writing by Bonfire.
3.4 Customer Obligations
You are responsible for:
- Your compliance with this Agreement;
- The accuracy, quality, and legality of Customer Data and how you acquired it;
- Ensuring that your use of the Services complies with applicable laws and regulations;
- Obtaining any necessary consents from your end users prior to deploying Bonfire guides on your platforms.
4. Security
4.1 Security Measures
Bonfire will implement reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer Data.
4.2 Security Breach
In the event of a security breach affecting Customer Data, Bonfire will notify you in accordance with applicable laws and will cooperate with you to mitigate any adverse effects.
5. Third-Party Integrations
5.1 Integrations
The Services may support integrations with Third-Party Services. Bonfire is not responsible for the availability or performance of Third-Party Services, nor for any data or content provided by such services.
5.2 Third-Party Terms
Your use of Third-Party Services is governed solely by the terms and conditions of those services. Bonfire does not endorse and is not responsible or liable for any aspect of Third-Party Services.
6. Intellectual Property Rights
6.1 Ownership
Bonfire retains all rights, title, and interest in and to the Services and Documentation, including all related intellectual property rights. You retain all rights to your Customer Data and any AI-generated outputs derived solely from your Customer Data.
6.2 Feedback
If you provide any suggestions, ideas, enhancement requests, or feedback regarding the Services ("Feedback"), Bonfire may use such Feedback without restriction and without any obligation to you.
7. Subscription Term, Fees, and Payment
7.1 Subscription Term
The Subscription Term will commence on the Effective Date and continue for the period specified in the Order Form.
7.2 Fees
You agree to pay all fees specified in the Order Form. All fees are non-cancellable and non-refundable, except as expressly stated in this Agreement.
7.3 Payment Terms
Unless otherwise stated in the Order Form, fees are due and payable in advance. Bonfire may charge late fees for overdue payments.
7.4 Taxes
Fees do not include any taxes, levies, or similar governmental assessments of any kind. You are responsible for paying any such taxes associated with your purchases under this Agreement.
8. Term and Termination
8.1 Termination for Cause
Either party may terminate this Agreement for cause:
- Upon 30 days' written notice of a material breach if such breach remains uncured at the expiration of such period;
- If the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
8.2 Effect of Termination
Upon termination of this Agreement, your right to access or use the Services will immediately cease. You shall, within 30 days, destroy all copies of any Bonfire Confidential Information in your possession.
8.3 Survival
Provisions that by their nature should survive termination will survive, including but not limited to ownership provisions, confidentiality, indemnification, warranty disclaimers, and limitations of liability.
9. Limited Warranty
9.1 Warranty
Bonfire warrants that the Services will perform materially in accordance with the Documentation under normal use.
9.2 Disclaimer
Except as expressly provided herein, the Services are provided "AS IS," and Bonfire disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. AI-generated outputs are provided for informational and organizational purposes only and do not constitute professional, legal, medical, financial, or spiritual advice.
10. Availability
Bonfire will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for:
- Planned downtime (of which we will give advance electronic notice);
- Any unavailability caused by circumstances beyond our reasonable control.
11. Support
Bonfire will provide standard customer support for the Services at no additional charge and/or upgraded support if purchased separately.
12. Limitation of Liability
12.1 Exclusion of Consequential Damages
In no event shall either party be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or use.
12.2 Limitation of Liability
Except for liabilities arising from gross negligence, willful misconduct, or indemnification obligations, each party's aggregate liability arising out of or related to this Agreement shall not exceed the total amount paid or payable by you under this Agreement in the twelve months preceding the event giving rise to the liability.
13. Indemnification
13.1 By Bonfire
Bonfire will defend, indemnify, and hold you harmless against any claims alleging that the Services infringe any valid U.S. patent or copyright, provided you promptly notify Bonfire in writing and cooperate with Bonfire in the defense.
13.2 By Customer
You will defend, indemnify, and hold Bonfire harmless against any claims arising from your use of the Services in violation of this Agreement, applicable laws, or third-party rights.
14. Confidential Information
14.1 Definition
"Confidential Information" means any non-public information disclosed by one party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects, that is designated as confidential or should reasonably be understood to be confidential.
14.2 Obligations
Each party agrees to protect the other's Confidential Information with the same degree of care it uses to protect its own Confidential Information, but no less than reasonable care.
14.3 Exceptions
Confidential Information does not include information that:
- Is or becomes publicly available without breach of any obligation owed to the Disclosing Party;
- Was known to the Receiving Party prior to its disclosure;
- Is received from a third party without breach of any obligation owed to the Disclosing Party;
- Was independently developed by the Receiving Party.
15. Publicity
You agree that Bonfire may identify you as a customer and use your logo in promotional materials. If you do not wish to be identified, you may opt-out by notifying Bonfire in writing.
16. General Provisions
16.1 Assignment
Neither party may assign this Agreement without the prior written consent of the other party, except in connection with a merger, acquisition, or sale of all or substantially all of its assets.
16.2 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles.
16.3 Notices
All notices under this Agreement shall be in writing and shall be deemed to have been given upon:
- Personal delivery;
- The second business day after mailing;
- The first business day after sending by email.
16.4 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral.
16.5 Amendments and Waivers
No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
16.6 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16.7 Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control.
16.8 Relationship of the Parties
The parties are independent contractors. This Agreement does not create a partnership, joint venture, agency, or fiduciary relationship.
16.9 Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement.
Contact Information
If you have any questions about this Agreement, please contact us at:
LIVE Tapestry LLC (DBA Bonfire AI)
357 Highland Dr., Rantoul, IL 61866
Email: support@heybonfire.com
Website: heybonfire.com