BonPara Terms of Service
Effective Date: April 15, 2026
Last Updated: April 15, 2026
These Terms of Service (“Terms”) govern your access to and use of the websites, applications, software, widgets, APIs, payment pages, live-streaming tools, creator monetization services, and related products operated by Bonpara Inc., a Delaware corporation (“Bonpara,” “we,” “us,” or “our”).
The Services include Bonpara’s products and sub-platforms, including Kofe.al, as well as any other websites, applications, branded platforms, integrations, or services that link to these Terms collectively, the “Services”).
Please read these Terms carefully. By creating an account, accessing the Services, making or receiving a payment, purchasing a Virtual Gift, subscribing to a Streamer, participating in a Sponsorship Campaign, or otherwise using the Services, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not access or use the Services.
/ Table of contents:
- 1. About the Services
- 2. Definitions
- 3. Eligibility, Age, and Parental Responsibility
- 4. Account Registration and Security
- 5. Third-Party Streaming Platforms
- 6. Support Payments
- 7. Subscriptions and Automatic Renewal
- 8. Virtual Gifts
- 9. Sponsorship Campaigns
- 10. Fees
- 11. Payment Processing and Stripe Connect
- 12. Creator Earnings, Transfers, and Payouts
- 13. Refunds, Reversals, Disputes, and Chargebacks
- 14. Taxes
- 15. Live Chat and Community Features
- 16. Artificial Intelligence Features
- 17. User Content
- 18. Prohibited Content and Conduct
- 19. Intellectual Property Rights
- 20. Copyright Complaints and DMCA Policy
- 21. Privacy
- 22. Compliance, Verification, and Sanctions
- 23. Suspension and Termination
- 24. Service Availability and Changes
- 25. Disclaimers
- 26. Limitation of Liability
- 27. Indemnification
- 28. Informal Dispute Resolution
- 29. Binding Arbitration and Class Action Waiver
- 30. Governing Law and Court Venue
- 31. Changes to These Terms
- 32. Electronic Communications
- 33. General Provisions
- 34. Contact Information
1. About the Services
Bonpara provides technology and monetization tools that enable livestreamers, creators, influencers, and other eligible users to connect with their audiences and generate revenue.
Depending on availability in your country, the Services may include:
- one-time supporter payments, commonly described as donations, tips, or support payments;
- recurring subscriptions and membership packages;
- Virtual Gifts and other digital items;
- livestream alerts, overlays, widgets, and engagement tools;
- live chat services;
- automated moderation tools;
- artificial intelligence-powered chatbots and assistants;
- Sponsorship Campaigns and brand collaboration opportunities;
- creator pages, profiles, links, QR codes, and payment pages;
- payment collection and payout functionality;
- analytics, reporting, and account-management tools; and
- other creator monetization or audience-engagement services.
Features may differ based on country, account type, payment provider, technical integration, or applicable law.
Bonpara does not guarantee that every Service will be available in every country, on every device, or through every third-party streaming platform.
2. Definitions
For these Terms:
“Brand” means a company, advertiser, agency, merchant, or other organization that creates, funds, or participates in a Sponsorship Campaign.
“Creator Earnings” means amounts that become payable to a Creator through the Services, including eligible Support Payments, Subscription revenue, Creator Revenue Share from Virtual Gifts, Sponsorship Campaign payments, and other eligible monetization activities, after applicable fees, refunds, reversals, chargebacks, taxes, reserves, and deductions.
“Creator Revenue Share” means the portion of eligible Virtual Gift revenue that Bonpara may allocate and pay to a participating Creator under Bonpara’s Virtual Gift monetization program. Creator Revenue Share is compensation paid by Bonpara and is not a direct payment, donation, or gift from the Supporter to the Creator.
“Streamer” means a creator, livestreamer, influencer, broadcaster, publisher, or other user who uses the Services to receive payments, monetize content, communicate with supporters, or participate in Sponsorship Campaigns.
“Supporter” means a viewer, fan, subscriber, customer, or other person who makes a Support Payment, purchases a Subscription or Virtual Gift, interacts through live chat, or otherwise supports a Streamer.
“Support Payment” means a voluntary payment made by a Supporter to support a Streamer. Support Payments may be described in the Services as donations, tips, coffees, support, or similar terms.
“Subscription” means a recurring paid arrangement under which a Supporter receives access to benefits, content, recognition, or other features offered by a Streamer.
“Sponsorship Campaign” means a paid campaign, task, collaboration, promotion, endorsement, or other commercial arrangement involving a Brand and one or more Streamers.
“User Content” means content uploaded, submitted, transmitted, created, published, displayed, or otherwise made available through the Services by a user, including livestream content, videos, images, audio, text, chat messages, profile information, campaign content, and AI prompts.
“Virtual Gift” means a digital product, feature, or interactive experience created, owned, offered, and sold by Bonpara that allows a Supporter to activate a visual, audio, animated, highlighted, or similar digital effect during or in connection with a participating Creator’s livestream, live chat, or creator page.
3. Eligibility, Age, and Parental Responsibility
By accessing or using the Services, you represent and warrant that:
- you are at least 16 years old;
- you meet the minimum age required to use the Services in your country or jurisdiction;
- you have the legal capacity to enter into these Terms; and
- your use of the Services is not prohibited by applicable law.
If you are over the age of 16 but under the age of 18, under the age of legal majority where you live, or otherwise do not have the legal capacity to agree to these Terms:
- you must ask your parent or legal guardian to review these Terms with you;
- you may only use the Services under the supervision of a parent or legal guardian; and
- your parent or legal guardian must agree to be bound by these Terms on your behalf.
Notice to Parents and Guardians
If you are a parent or legal guardian and allow a minor to use the Services, these Terms also apply to you. You are responsible for:
- the minor’s use of the Services;
- all activity conducted through the minor’s account;
- payments made or received through the account;
- ensuring that the minor complies with these Terms; and
- any losses, claims, chargebacks, liabilities, or violations resulting from the minor’s activity.
A Streamer who receives payouts, opens a payment account, or enters into a Sponsorship Campaign must be at least 18 years old or the legal age of majority in their jurisdiction, unless an eligible parent or legal guardian:
- creates or controls the relevant payment account;
- completes any required identity verification;
- accepts financial and legal responsibility for the account; and
- is permitted to do so by the applicable payment provider.
We may request proof of age, identity, authority, or parental consent at any time.
The Services are not directed to children under 16. Users under 16 may not create an account or use the Services.
4. Account Registration and Security
Certain Services require an account.
You agree to:
- provide accurate, complete, and current information;
- keep your account information updated;
- use your own identity or an entity you are authorized to represent;
- maintain the confidentiality of your login credentials;
- use reasonable security measures to protect your account;
- notify us promptly of suspected unauthorized access; and
- accept responsibility for activity conducted through your account.
You may not:
- impersonate another person or organization;
- create an account using false or misleading information;
- buy, sell, transfer, rent, or share an account without our written authorization;
- use another person’s payment information without permission;
- create accounts to evade restrictions, suspensions, reserves, or enforcement actions; or
- allow a prohibited person to use your account.
We may require identity, business, tax, bank account, or payment verification before allowing you to receive payments, withdraw Creator Earnings, or participate in Sponsorship Campaigns.
5. Third-Party Streaming Platforms
The Services may integrate with third-party platforms such as Twitch, YouTube, Kick, TikTok, Facebook, Discord, OBS, or other streaming, social media, or communication services.
Bonpara is an independent service provider and is not affiliated with, endorsed by, or sponsored by these platforms unless expressly stated.
Your use of a third-party platform remains subject to that platform’s own:
- terms of service;
- community guidelines;
- monetization rules;
- copyright policies;
- API rules;
- age restrictions; and
- advertising and sponsorship requirements.
You are responsible for ensuring that your use of Bonpara complies with the rules of every platform through which you stream or publish content.
Bonpara is not responsible for:
- suspension or termination of your third-party account;
- changes to third-party APIs or policies;
- loss of access to a third-party service;
- interruption of integrations;
- removal or demonetization of content by another platform; or
- actions taken by third-party platforms against you.
6. Support Payments
Supporters may make voluntary Support Payments to eligible Streamers.
A Support Payment:
- is intended to support a particular Streamer;
- is not an investment;
- does not create ownership, equity, voting, governance, repayment, or profit-sharing rights;
- is not a loan;
- does not create an employment or agency relationship;
- does not guarantee that a Streamer will produce any specific content; and
- does not entitle the Supporter to control the Streamer or the Streamer’s content.
Unless a payment page expressly identifies an approved charitable organization, Support Payments are not charitable donations and are generally not eligible for charitable tax deductions.
Streamers must not describe Support Payments as tax-deductible charitable contributions unless they are legally authorized to do so.
Support Payments may not be used:
- as payment for illegal goods or services;
- to disguise a commercial transaction;
- to transfer funds between related accounts;
- for money laundering or fraudulent activity;
- as a cash advance;
- to evade financial restrictions;
- to facilitate gambling or wagering; or
- to collect money for an unauthorized charity, political campaign, investment, or regulated activity.
A message, media file, animation, sound, or other content attached to a Support Payment is User Content and must comply with these Terms.
Bonpara may block, delay, reverse, refund, or investigate a Support Payment where we reasonably suspect fraud, unauthorized use, a legal violation, a chargeback risk, or a breach of these Terms.
7. Subscriptions and Automatic Renewal
A Streamer may offer paid Subscription packages containing benefits determined by that Streamer.
Subscription benefits may include:
- access to exclusive content;
- supporter badges or recognition;
- private posts or communications;
- special livestream features;
- digital downloads;
- community access;
- priority chat features; or
- other benefits disclosed on the Subscription page.
Before purchasing a Subscription, the Supporter will be shown the applicable price, billing interval, available benefits, and any applicable taxes or fees.
By purchasing a Subscription, you expressly authorize Bonpara and its payment providers to charge your selected payment method on a recurring basis until the Subscription is canceled.
Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless canceled before the next renewal charge.
You may cancel a Subscription through the account dashboard or another cancellation method made available through the Services.
Cancellation stops future renewal charges. Unless otherwise required by law:
- cancellation does not retroactively refund previous billing periods;
- access may continue until the end of the paid billing period;
- no prorated refund is provided for unused time; and
- benefits already delivered, accessed, or redeemed are non-refundable.
A Streamer may change Subscription benefits. Material changes should be communicated to affected Supporters.
A price increase will apply only after advance notice and any additional consent required by applicable law.
A Streamer may pause or discontinue a Subscription package. Bonpara may cancel active Subscriptions where necessary because of account suspension, legal requirements, payment-provider restrictions, technical issues, or discontinuation of a Service.
8. Virtual Gifts
Bonpara may create, offer, and sell Virtual Gifts that Supporters can purchase and activate in connection with participating Creators.
Virtual Gifts may include:
- visual animations;
- audio effects;
- digital stickers;
- highlighted messages;
- badges and reactions;
- livestream overlays;
- character animations;
- interactive effects; and
- other digital livestream or chat experiences offered by Bonpara.
8.1 Bonpara as Seller
Unless expressly stated otherwise, Bonpara is the creator, owner, provider, and seller of Virtual Gifts offered through the Services.
The purchase contract for a Virtual Gift is between the Supporter and Bonpara.
The Creator associated with a Virtual Gift transaction:
- is not the seller of the Virtual Gift;
- does not independently collect the purchase price;
- does not issue the Supporter’s payment receipt;
- does not determine the legal terms of sale;
- does not own the Virtual Gift product; and
- is not the merchant of record for the transaction.
Bonpara determines:
- which Virtual Gifts are offered;
- their retail prices;
- their visual and technical characteristics;
- where and when they may be used;
- their availability by country, platform, or Creator;
- promotional pricing;
- delivery and activation rules; and
- the applicable Creator Revenue Share.
8.2 Digital Experience Purchased by the Supporter
When a Supporter purchases a Virtual Gift, the Supporter purchases a limited right to activate or display the applicable digital effect through the Services.
Subject to successful payment and technical availability, a Virtual Gift may be displayed:
- during the selected Creator’s livestream;
- through a livestream alert or overlay;
- as a highlighted or animated live chat message;
- on the Creator’s Bonpara or Kofe.al page; or
- through another supported digital experience.
The Supporter does not acquire ownership of any underlying:
- software;
- animation;
- artwork;
- sound;
- character;
- trademark;
- source code;
- technical system; or
- other intellectual property associated with the Virtual Gift.
The Supporter receives only a limited, personal, non-exclusive, non-transferable, and revocable license to activate the Virtual Gift for its intended purpose within the Services.
8.3 Creator Revenue Share
A Creator who participates in Bonpara’s Virtual Gift monetization program may receive Creator Revenue Share from qualifying Virtual Gift transactions associated with that Creator’s livestream, live chat, or creator page.
Creator Revenue Share:
- is paid by Bonpara to the Creator;
- is not paid directly by the Supporter to the Creator;
- is not a donation or charitable contribution;
- does not make the Creator the seller or merchant of record;
- does not give the Creator ownership of the Supporter’s payment;
- may be calculated as a percentage, fixed amount, or another formula established by Bonpara;
- may differ depending on the Creator, product, campaign, country, payment channel, or platform; and
- remains subject to applicable fees, taxes, refunds, chargebacks, reserves, fraud reviews, and adjustments.
Bonpara may display applicable revenue-share rates and calculation methods through:
- the Creator dashboard;
- a monetization program page;
- a separate revenue-share schedule;
- product-specific terms; or
- a written agreement with the Creator.
Bonpara may change future Creator Revenue Share rates by providing reasonable notice through the Services.
Changes will not ordinarily affect revenue share already confirmed as payable, except where an adjustment is required because of:
- a refund;
- a payment reversal;
- a chargeback;
- fraud;
- unauthorized activity;
- a calculation error;
- a tax adjustment;
- breach of these Terms; or
- a legal or payment-provider requirement.
8.4 Relationship Between the Supporter and Creator
The purchase of a Virtual Gift does not create a direct sales contract between the Supporter and the Creator.
The Supporter acknowledges that:
- the Virtual Gift is purchased from Bonpara;
- Bonpara provides the digital effect;
- the selected Creator may receive Creator Revenue Share from Bonpara;
- the Creator is not required to provide a separate product or service unless expressly stated; and
- the Creator is not required to personally acknowledge, mention, thank, or respond to the Virtual Gift.
The amount of Creator Revenue Share may be different from the retail price paid by the Supporter.
Bonpara is not required to disclose the Creator’s individual revenue-share rate to the Supporter unless required by applicable law.
8.5 No Cash or Stored Value
Virtual Gifts are digital entertainment products and features. They are not:
- legal tender;
- electronic money;
- cryptocurrency;
- securities;
- investments;
- bank deposits;
- stored-value accounts;
- charitable donations; or
- financial instruments.
Virtual Gifts have no cash value for Supporters and cannot be redeemed by Supporters for money.
Virtual Gifts may not be transferred, resold, exchanged, withdrawn, or used outside the Services unless Bonpara expressly enables such functionality.
Creator Revenue Share does not give the Creator a right to redeem, own, or control the Virtual Gift itself.
8.6 Delivery and Activation
A Virtual Gift may be considered delivered when:
- the digital effect is successfully activated;
- the activation request is successfully transmitted to the relevant livestream integration;
- the Gift is added to an activation queue;
- the Gift is made available for use; or
- the Supporter receives the digital feature described at checkout.
Bonpara does not guarantee that the Creator will personally react to, acknowledge, mention, or respond to a Virtual Gift.
A Creator’s failure to acknowledge a successfully delivered Virtual Gift does not constitute non-delivery.
Bonpara may block, delay, modify, or prevent the display of a Virtual Gift where:
- the Creator is offline;
- the relevant streaming integration is unavailable;
- the Creator has disabled the applicable Gift or effect;
- a message attached to the Gift violates these Terms;
- a moderator blocks the message or effect;
- the Gift creates a technical, legal, or safety risk;
- fraud or unauthorized payment is suspected; or
- the relevant third-party streaming platform restricts the effect.
Where appropriate, Bonpara may:
- queue the Virtual Gift;
- allow later activation;
- provide an equivalent effect;
- issue account credit; or
- provide a refund.
8.7 Refunds
Except where required by law or expressly approved by Bonpara, Virtual Gift purchases are final once the digital product has been delivered, activated, accessed, or made available.
Bonpara may provide a full or partial refund where:
- the Supporter was charged more than once because of a technical error;
- an incorrect amount was charged;
- the payment was unauthorized;
- the Virtual Gift could not be delivered because of a Bonpara system error;
- the delivered Virtual Gift materially differed from its description;
- the transaction was canceled before delivery where cancellation is technically available; or
- applicable law requires a refund.
A refund will not ordinarily be provided solely because:
- the Creator did not personally acknowledge the Gift;
- the Supporter changed their mind after activation;
- the Supporter disliked the Creator’s reaction;
- the livestream ended shortly after activation;
- the attached message was blocked for violating applicable rules;
- the Supporter expected a personal response that was not expressly promised; or
- the Supporter no longer follows the Creator.
If a Virtual Gift transaction is refunded, reversed, or charged back, the associated Creator Revenue Share may be:
- canceled;
- withheld;
- deducted from pending or future Creator Earnings; or
- recovered from the Creator’s available balance.
8.8 Intellectual Property
All rights relating to Virtual Gifts, including associated software, animations, artwork, audio, characters, names, effects, designs, branding, and technical functionality, are owned by Bonpara or its licensors.
Supporters and Creators may not copy, reproduce, resell, sublicense, modify, commercially extract, reverse engineer, distribute, or create derivative products from Virtual Gifts except as expressly permitted by Bonpara.
9. Sponsorship Campaigns
Bonpara may provide a marketplace or campaign-management service connecting Streamers with Brands.
A Brand may publish a campaign brief, task, eligibility requirement, budget, deadline, content requirement, target audience, approval process, and payment terms.
A Streamer may apply for or be invited to participate in a Sponsorship Campaign. Application or invitation does not guarantee selection.
A binding campaign arrangement is created only when the applicable parties accept the campaign terms or Bonpara confirms the Streamer’s participation.
Additional campaign-specific terms may govern:
- deliverables;
- deadlines;
- content formats;
- revision requests;
- intellectual-property rights;
- exclusivity;
- usage periods;
- territory;
- approval;
- reporting;
- payment;
- cancellation; and
- campaign-specific penalties.
If campaign-specific terms conflict with these Terms, the campaign-specific terms control only for that Sponsorship Campaign.
Streamer Responsibilities
A Streamer participating in a Sponsorship Campaign must:
- create original, lawful, and accurate content;
- comply with the campaign brief;
- meet agreed deadlines;
- avoid false or misleading statements;
- use only music, images, video, trademarks, and other materials they are authorized to use;
- clearly disclose the commercial relationship with the Brand;
- comply with applicable advertising and endorsement laws;
- comply with the rules of the platform where the content is published; and
- keep campaign performance information accurate.
The disclosure must be clear, prominent, and understandable to the audience. Depending on the circumstances, appropriate disclosures may include terms such as “Ad,” “Advertisement,” “Sponsored,” or another legally sufficient local-language disclosure.
The Streamer may not purchase fake views, followers, clicks, engagement, or conversions.
Brand Responsibilities
A Brand must:
- provide accurate campaign information;
- have all rights necessary to offer the campaign;
- ensure that its products, services, claims, and instructions are lawful;
- provide reasonable substantiation for advertising claims;
- avoid requiring misleading statements or undisclosed advertising;
- review deliverables within the stated period; and
- fund or pay the campaign as agreed.
Bonpara may reject or terminate campaigns involving unlawful, deceptive, unsafe, restricted, or reputationally harmful products or activities.
Bonpara’s Role
Unless expressly stated otherwise, Bonpara provides technology and administrative services and is not the employer, agent, partner, or representative of either the Streamer or the Brand.
Bonpara does not guarantee:
- that a Streamer will be selected;
- that a campaign will achieve particular results;
- that a Brand or Streamer will perform its obligations;
- a minimum level of income;
- audience growth;
- sales;
- engagement; or
- continued availability of a campaign.
Bonpara may hold or delay campaign payments until deliverables are submitted, approved, verified, or otherwise eligible for payment.
10. Fees
Bonpara may charge fees for use of the Services.
Fees may include:
- platform commissions;
- payment-processing fees;
- withdrawal fees;
- currency-conversion fees;
- Subscription fees;
- Virtual Gift commissions;
- Sponsorship Campaign commissions;
- premium feature fees;
- dispute or chargeback fees;
- taxes; and
- fees charged by third-party providers.
Applicable fees will be displayed through the Services, included in a campaign agreement, or published in a separate fee schedule.
Unless otherwise stated, fees are deducted before Creator Earnings become available for withdrawal.
Bonpara may change its fees prospectively. We will provide advance notice of material fee changes where required by law.
Third-party payment providers, financial institutions, card networks, mobile operators, and app stores may charge additional fees that are not controlled by Bonpara.
11. Payment Processing and Stripe Connect
Bonpara uses Stripe Connect and other authorized payment-service providers to process payments, transfer Creator Earnings, conduct identity verification, and facilitate payouts.
For payments processed through Bonpara’s Stripe Connect integration:
- the payment is created and processed through Bonpara’s platform payment account;
- Bonpara acts as the merchant of record for the transaction;
- Stripe provides payment-processing and connected-account infrastructure;
- Bonpara may deduct its applicable platform fee and other disclosed charges from the payment; and
- the remaining eligible amount is transferred to the Streamer’s Stripe Connected Account.
Each Streamer who receives Creator Earnings through Stripe may be required to create, connect, or maintain an eligible Stripe Connected Account.
By connecting a Stripe account or receiving payments through Stripe, the Streamer agrees to:
- provide Stripe and Bonpara with accurate and complete identity, business, tax, and banking information;
- comply with Stripe’s applicable terms, policies, and verification requirements;
- authorize Stripe and Bonpara to process payments, transfers, refunds, reversals, disputes, reserves, and payouts;
- keep their Stripe Connected Account in good standing; and
- promptly provide any information requested for compliance, fraud prevention, sanctions screening, or identity verification.
A Streamer’s ability to receive payments or payouts may depend on:
- the availability of Stripe Connect in the Streamer’s country;
- successful completion of Stripe’s onboarding and verification process;
- support for the Streamer’s selected currency and bank account;
- applicable financial regulations;
- Stripe’s risk and compliance requirements; and
- the Streamer’s compliance with these Terms.
Bonpara does not guarantee that Stripe or another payment provider will approve, maintain, or continue supporting a particular Streamer, country, payment method, bank account, or transaction.
Payment Flow
When a Supporter completes a Support Payment, Subscription payment, Virtual Gift purchase, or another transaction through the Services:
- the Supporter authorizes Bonpara and Stripe to charge the selected payment method;
- Stripe processes the payment through Bonpara’s platform account;
- Bonpara deducts the applicable platform fee, Stripe processing costs where applicable, taxes, refunds, reserves, or other disclosed deductions;
- the remaining eligible amount is transferred to the Streamer’s Stripe Connected Account; and
- Stripe pays out the Streamer’s available Stripe balance to the Streamer’s linked bank account according to the applicable payout schedule.
A transfer to a Streamer’s Stripe Connected Account is different from a payout to the Streamer’s bank account.
Bonpara may initiate or configure transfers automatically, but the timing of a bank payout may be determined by:
- Stripe’s payout schedule;
- the Streamer’s country;
- the Streamer’s bank;
- the selected payout method;
- weekends and public holidays;
- identity or compliance reviews;
- payment-settlement periods;
- reserves;
- disputes; or
- other risk-management measures.
Bonpara is not responsible for delays caused solely by Stripe, banks, card networks, payment providers, regulatory authorities, or inaccurate information submitted by the Streamer.
Virtual Gift Payment and Revenue-Share Flow
Virtual Gift transactions are sales by Bonpara to Supporters.
For a qualifying Virtual Gift transaction:
- the Supporter selects and purchases a Virtual Gift from Bonpara;
- Stripe or another authorized payment provider processes the payment through Bonpara’s platform account;
- Bonpara provides or activates the applicable digital experience;
- Bonpara records the transaction as a sale by Bonpara, subject to applicable accounting and tax treatment;
- applicable taxes, payment-processing costs, refunds, chargebacks, discounts, and other authorized deductions are calculated;
- Bonpara calculates the Creator Revenue Share associated with the qualifying transaction; and
- the eligible Creator Revenue Share is transferred to the Creator’s Stripe Connected Account or another supported payout account.
The Creator receives Creator Revenue Share from Bonpara and does not receive the Supporter’s payment as a direct donation, gift, or purchase payment.
For Virtual Gift transactions, Bonpara is responsible for:
- setting the retail price;
- providing the digital product;
- processing or arranging payment processing;
- issuing or arranging the transaction receipt;
- handling Supporter-facing customer service;
- managing refund requests and payment disputes;
- calculating applicable Creator Revenue Share; and
- collecting or arranging applicable transaction taxes where required.
Creator Revenue Share becomes payable only after the underlying Virtual Gift transaction satisfies Bonpara’s applicable:
- settlement requirements;
- fraud and security checks;
- refund and chargeback periods;
- monetization eligibility rules; and
- payment-provider requirements.
Bonpara may withhold, cancel, reverse, adjust, or recover Creator Revenue Share where:
- the underlying transaction is refunded;
- the payment is reversed or charged back;
- the transaction is fraudulent or unauthorized;
- the Creator generated transactions through self-purchases, collusion, or manipulation;
- the Creator violated these Terms or applicable monetization rules;
- the transaction was not eligible for revenue sharing;
- the Virtual Gift was not successfully delivered; or
- a technical, accounting, or calculation error occurred.
Merchant Identification
Bonpara may appear on the Supporter’s payment page, receipt, transaction confirmation, or payment-card statement as the merchant, platform, or payment descriptor.
The Streamer’s name, username, profile name, or other identifying information may also be included in the payment description or transaction records where technically supported.
Supporters acknowledge that payments are processed through Bonpara for the benefit of the selected Streamer.
No Bank or Deposit Account
Bonpara is not a bank and does not provide a bank account, savings account, investment account, or deposit account.
Amounts displayed in a Bonpara account or dashboard represent transaction and earnings records and do not constitute:
- a bank deposit;
- electronic money issued by Bonpara;
- an investment;
- a loan to Bonpara;
- an ownership interest in Bonpara; or
- a guaranteed or insured balance.
Creator Earnings remain subject to settlement, verification, refunds, reversals, disputes, reserves, taxes, fees, and other adjustments described in these Terms.
12. Creator Earnings, Transfers, and Payouts
A Streamer may become eligible to receive Creator Earnings from:
- Support Payments;
- recurring Subscription payments;
- Virtual Gifts;
- Sponsorship Campaigns;
- premium content;
- paid digital benefits; and
- other monetization services offered through Bonpara.
Creator Earnings are calculated from successfully processed and settled transactions after deduction of applicable amounts, including:
- Bonpara’s platform commission;
- Stripe or other payment-processing costs;
- currency-conversion costs;
- taxes;
- refunds;
- reversals;
- disputes and chargebacks;
- app-store or third-party commissions;
- reserve amounts;
- campaign-related deductions; and
- other fees disclosed before or at the time of the transaction.
The amount paid by a Supporter may therefore be different from the amount transferred to the Streamer.
Pending and Available Earnings
Amounts shown as estimated, pending, processing, under review, or projected are not final Creator Earnings and may not be available for withdrawal.
Creator Earnings become available only after:
- the underlying payment is successfully completed;
- the payment is not rejected or reversed;
- applicable processing or settlement periods have passed;
- identity and compliance requirements have been satisfied;
- applicable fees and taxes have been calculated; and
- no restriction, reserve, dispute, or legal hold applies.
Bonpara may correct transaction records where an amount was calculated or displayed incorrectly because of:
- a technical error;
- duplicate processing;
- incorrect conversion rates;
- incorrect fee calculations;
- fraud;
- a refund or chargeback;
- payment-provider reporting;
- tax adjustments; or
- another legitimate accounting reason.
Automatic Transfers
Where supported, Bonpara may automatically transfer eligible Creator Earnings to the Streamer’s Stripe Connected Account after deducting applicable fees and adjustments.
The timing of a transfer may depend on the relevant product.
For example:
- an eligible Support Payment or Virtual Gift amount may be transferred after successful payment confirmation;
- Subscription revenue may be transferred after each successful recurring charge;
- Sponsorship Campaign revenue may be transferred only after the relevant deliverable is approved or the campaign conditions are satisfied; and
- transactions presenting elevated fraud or chargeback risk may be delayed.
Bonpara may delay, suspend, reduce, reverse, or cancel a transfer where reasonably necessary to:
- investigate suspected fraud or unauthorized activity;
- verify the Streamer’s identity;
- comply with sanctions, anti-money-laundering, tax, or other legal obligations;
- respond to a court order, government request, or regulatory requirement;
- manage expected refunds, disputes, or chargebacks;
- correct a payment or accounting error;
- enforce these Terms;
- protect Supporters, Streamers, Brands, Bonpara, Stripe, or another third party; or
- comply with Stripe’s instructions or requirements.
Bank Payouts
Stripe, rather than Bonpara, generally executes the payout from the Streamer’s Stripe Connected Account balance to the Streamer’s linked bank account or supported payout method.
Payout availability and timing are subject to:
- Stripe’s applicable payout schedule;
- the Streamer’s account configuration;
- local banking systems;
- settlement periods;
- minimum payout requirements;
- currency availability;
- verification status;
- risk reviews; and
- applicable law.
Bonpara does not guarantee a particular payout date unless expressly confirmed in writing.
Reserves
Bonpara or Stripe may establish a temporary reserve against Creator Earnings where reasonably necessary to cover potential:
- refunds;
- payment reversals;
- chargebacks;
- disputed Subscription payments;
- fraudulent transactions;
- Sponsorship Campaign claims;
- negative balances;
- penalties; or
- other financial liabilities.
The amount and duration of a reserve may be based on:
- transaction volume;
- account history;
- dispute rates;
- refund rates;
- content category;
- transaction size;
- sudden changes in activity;
- payment-method risk;
- expected delivery periods; and
- requirements imposed by Stripe or another payment provider.
A reserve is not a fee. Subject to these Terms, any unused reserve amount may be released after the relevant risk period ends.
Negative Balances
Bonpara may deduct refunds, chargebacks, reversals, penalties, fees, taxes, and other amounts owed by a Streamer from:
- pending Creator Earnings;
- available Creator Earnings;
- reserve balances;
- future Creator Earnings; or
- other amounts payable to the Streamer.
If these deductions exceed the Streamer’s available balance, the Streamer’s account may have a negative balance.
The Streamer remains responsible for the negative balance and agrees to reimburse Bonpara for amounts Bonpara or Stripe pays because of transactions associated with the Streamer.
Where permitted by law and supported by Stripe, Bonpara may recover a negative balance from:
- future Creator Earnings;
- reserve amounts;
- the Streamer’s Stripe Connected Account;
- an authorized payment method; or
- another lawful collection method.
Bonpara may suspend payouts or monetization features until a negative balance is repaid.
Streamer Responsibility
Although Bonpara acts as merchant of record for payments processed through its platform, the Streamer remains responsible to Bonpara for:
- providing any Subscription benefits described on their profile;
- delivering paid content or digital benefits;
- fulfilling Sponsorship Campaign obligations;
- accurately describing their offering;
- complying with advertising and consumer-protection laws;
- responding to reasonable supporter complaints;
- avoiding misleading or fraudulent activity; and
- complying with these Terms.
If Bonpara is required to issue a refund or compensate a Supporter because the Streamer failed to deliver a promised paid benefit or violated these Terms, Bonpara may deduct the relevant amount and associated costs from the Streamer’s Creator Earnings.
13. Refunds, Reversals, Disputes, and Chargebacks
Because Bonpara acts as merchant of record for payments processed through the platform, Bonpara manages Supporter-facing payment refunds, reversals, and disputes in coordination with Stripe.
Bonpara may approve, reject, or issue a refund based on:
- these Terms;
- the nature of the transaction;
- the Streamer’s conduct;
- evidence provided by the parties;
- Stripe or card-network requirements;
- applicable consumer-protection law; and
- the risk of fraud or unauthorized payment.
General Refund Rules
Except where required by law or expressly stated otherwise:
- completed voluntary Support Payments are final;
- delivered or activated Virtual Gifts are final;
- completed Subscription billing periods are non-refundable;
- used or accessed digital content is non-refundable;
- completed Sponsorship Campaign payments are governed by the relevant campaign terms; and
- Bonpara’s platform and processing fees are non-refundable.
Bonpara may nevertheless issue a full or partial refund where:
- the payment was duplicated because of a technical error;
- the payment was unauthorized or fraudulent;
- the wrong amount was charged;
- the transaction could not be completed;
- a paid benefit was materially misrepresented;
- a Streamer failed to deliver a clearly promised paid benefit;
- a Subscription continued after a valid cancellation because of a Bonpara error;
- the Streamer agrees to the refund;
- Bonpara determines that a refund is appropriate to prevent abuse or protect users; or
- applicable law requires the refund.
A Supporter’s general dissatisfaction with a Streamer, disagreement with the Streamer’s opinions, reduced streaming activity, change in content style, or unmet personal expectation does not automatically create a right to a refund.
Refund Requests
Supporters should submit refund requests through the available support channel and provide:
- the transaction date;
- the transaction amount;
- the relevant Streamer;
- the email address used for payment;
- the reason for the request; and
- any supporting evidence.
Bonpara may request additional information before reviewing the request.
Submission of a refund request does not guarantee approval.
Unauthorized Transactions
A Supporter who believes a payment was unauthorized must notify Bonpara promptly.
Bonpara may request information necessary to investigate the claim and may share relevant transaction information with Stripe, the applicable bank, card network, Streamer, fraud-prevention provider, or law-enforcement authority.
Bonpara may suspend accounts connected to suspected unauthorized or fraudulent transactions.
Chargebacks and Payment Disputes
A chargeback or payment dispute occurs when a Supporter challenges a payment through their bank, card issuer, Stripe, or another payment provider.
Bonpara may:
- collect evidence from the Streamer;
- submit evidence through Stripe;
- accept or challenge the dispute;
- temporarily withhold the disputed amount;
- deduct the disputed amount from Creator Earnings;
- establish or increase a reserve;
- restrict the Streamer’s monetization features; or
- suspend or terminate an account with excessive or abusive disputes.
The Streamer must provide requested evidence within the deadline specified by Bonpara.
Evidence may include:
- transaction records;
- proof of delivery;
- Subscription records;
- access logs;
- chat records;
- supporter communications;
- campaign deliverables;
- refund policies; and
- other relevant documentation.
Bonpara does not guarantee that a dispute will be resolved in the Streamer’s favor.
Streamer Liability for Refunds and Chargebacks
Where a refund, reversal, dispute, or chargeback relates to a transaction attributed to a Streamer, Bonpara may recover from the Streamer:
- the refunded or disputed transaction amount;
- Stripe’s dispute fee;
- card-network penalties;
- currency-conversion losses;
- investigation costs;
- negative-balance amounts; and
- other direct costs arising from the transaction.
This applies particularly where the dispute results from:
- the Streamer’s fraud or misconduct;
- misleading descriptions;
- failure to provide a paid benefit;
- failure to fulfill a Sponsorship Campaign;
- violation of these Terms;
- unauthorized content;
- excessive refund or dispute rates; or
- failure to provide evidence requested by Bonpara.
Bonpara will not make a Streamer responsible for a loss caused solely by Bonpara’s own technical or operational error.
False or Abusive Disputes
Users must not initiate a false, misleading, or abusive refund request or chargeback.
Examples include:
- falsely claiming that an authorized payment was unauthorized;
- requesting a bank chargeback after already receiving a refund;
- filing a dispute solely to avoid paying for an accessed Subscription;
- using a Virtual Gift and then falsely disputing the purchase; or
- coordinating fraudulent disputes between Supporter and Streamer accounts.
Bonpara may suspend or terminate accounts involved in abusive disputes and may provide relevant information to Stripe, banks, card networks, law-enforcement agencies, or other affected parties.
14. Taxes
Each user is responsible for determining and fulfilling their own tax obligations.
Streamers and Brands are responsible for:
- reporting income;
- paying applicable income, sales, value-added, withholding, or other taxes;
- issuing invoices where required;
- maintaining tax records; and
- obtaining professional tax advice where necessary.
Bonpara may collect, deduct, withhold, or remit taxes where required by law.
Bonpara may request tax forms or taxpayer identification information and may suspend payouts until required information is provided.
Nothing in the Services constitutes tax, accounting, financial, or legal advice.
15. Live Chat and Community Features
The Services may allow users to send live chat messages, reactions, media, commands, and other communications.
You understand that messages submitted through public chat features may be visible to Streamers, moderators, Supporters, and other users.
You must not use chat features to:
- harass, threaten, stalk, or abuse another person;
- publish another person’s private information;
- send spam or repetitive messages;
- promote fraud or scams;
- distribute malware or harmful links;
- impersonate another person;
- evade moderation;
- manipulate engagement;
- infringe intellectual-property rights; or
- transmit prohibited content.
Bonpara and Streamers may use human or automated moderation tools to block, hide, filter, restrict, or remove messages.
Moderation tools may not identify every harmful or inappropriate message. Bonpara does not guarantee that chat will be continuously monitored or free from offensive content.
16. Artificial Intelligence Features
The Services may include AI-powered chatbots, assistants, moderation systems, recommendations, summaries, translations, automated responses, or other machine-generated features.
AI outputs are generated automatically and may be:
- inaccurate;
- incomplete;
- misleading;
- outdated;
- offensive;
- biased;
- unsuitable for a particular purpose; or
- inconsistent with a Streamer’s instructions.
AI output is provided for convenience and should not be treated as legal, financial, medical, tax, safety, or other professional advice.
You are responsible for reviewing AI output before relying on, publishing, or acting on it.
A Streamer using an AI bot is responsible for:
- configuring the bot;
- supervising its activity;
- informing users where appropriate that they are interacting with an automated system;
- preventing misleading impersonation;
- reviewing automated messages;
- protecting confidential information; and
- ensuring compliance with applicable law and platform rules.
Do not submit sensitive, confidential, regulated, or personally identifiable information to an AI feature unless the Service expressly supports that use and you are legally authorized to provide the information.
Prompts, messages, and related information may be processed by Bonpara’s technology providers for the purpose of delivering, securing, and improving the relevant Service, as described in our Privacy Policy.
Bonpara does not guarantee that AI moderation will identify or prevent every violation.
17. User Content
You retain ownership of your User Content.
By submitting User Content through the Services, you grant Bonpara a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:
- host;
- store;
- reproduce;
- process;
- format;
- adapt for technical purposes;
- transmit;
- display;
- communicate;
- distribute; and
- make available
your User Content solely as reasonably necessary to operate, secure, develop, promote, and provide the Services.
This license includes displaying Streamer names, profile images, campaign content, Support Payment messages, alerts, and other User Content within Bonpara pages, widgets, promotional materials, and platform interfaces.
Where Bonpara wishes to use a Streamer’s identity or content in a separate paid advertising campaign, additional consent or campaign terms may apply.
You represent and warrant that:
- you own the User Content or have all necessary rights to use it;
- the User Content does not violate another person’s rights;
- the User Content is accurate where it contains factual or advertising claims;
- the User Content complies with applicable law; and
- Bonpara’s permitted use of the User Content will not violate any agreement.
You are solely responsible for your User Content.
Bonpara does not endorse User Content and may remove, restrict, or disable access to it at any time where we reasonably believe it violates these Terms or creates legal, security, payment, or reputational risk.
18. Prohibited Content and Conduct
You may not use the Services to create, upload, distribute, promote, monetize, or facilitate content or activity involving:
- illegal goods, services, or conduct;
- fraud, scams, phishing, identity theft, or deceptive practices;
- money laundering or sanctions evasion;
- child sexual exploitation or abuse;
- sexual content involving minors;
- non-consensual intimate content;
- unlawful pornography or sexual services;
- human trafficking or exploitation;
- credible threats or incitement to violence;
- terrorist organizations or violent extremist activity;
- hate speech or discrimination targeting protected groups;
- harassment, stalking, doxxing, or invasion of privacy;
- encouragement or instruction for self-harm;
- unlawful weapons, explosives, drugs, or controlled substances;
- unauthorized gambling, betting, lotteries, or games of chance;
- malware, viruses, spyware, or malicious code;
- intellectual-property infringement;
- unauthorized access to accounts, systems, or data;
- fake engagement, bots, fraudulent traffic, or metric manipulation;
- misleading health, financial, or investment claims;
- impersonation or false affiliation;
- sale of accounts or payment credentials;
- circumvention of payment-provider or platform restrictions; or
- any conduct that creates unreasonable legal, security, financial, or reputational risk.
Bonpara may maintain additional Acceptable Use, Prohibited Content, Sponsorship, Payment, or Community policies. Those policies form part of these Terms when linked through the Services.
19. Intellectual Property Rights
The Services, including Bonpara’s software, websites, designs, databases, logos, trademarks, graphics, interfaces, documentation, and technology, are owned by Bonpara or its licensors.
Subject to these Terms, Bonpara grants you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose.
You may not:
- copy or resell the Services;
- reverse engineer or decompile the Services except where legally permitted;
- bypass security or access controls;
- scrape or extract data without authorization;
- use Bonpara trademarks without permission;
- create a competing service using unauthorized access to Bonpara systems;
- remove copyright or proprietary notices; or
- use the Services in a way that infringes Bonpara’s rights.
If you provide feedback, suggestions, ideas, or feature requests, you grant Bonpara the right to use them without restriction or compensation.
20. Copyright Complaints and DMCA Policy
Bonpara respects intellectual-property rights and may remove content that infringes copyright.
If you believe content available through the Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act to Bonpara’s designated copyright agent.
A valid notice should include:
- identification of the copyrighted work claimed to have been infringed;
- identification and location of the allegedly infringing material;
- your name and contact information;
- a statement that you have a good-faith belief that the disputed use is not authorized;
- a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act for the copyright owner; and
- your physical or electronic signature.
DMCA Designated Agent
Company: Bonpara Inc.
Address: Dover, DE, USA
Email: [email protected]
Where appropriate, Bonpara may forward the notice to the affected user.
A user whose content was removed may submit a valid counter-notification containing the information required by applicable law.
Bonpara may restore content after receiving a valid counter-notification unless the copyright claimant informs Bonpara that legal proceedings have been initiated.
Bonpara may suspend or terminate repeat infringers in appropriate circumstances.
False or materially misleading DMCA notices or counter-notices may result in legal liability.
21. Privacy
Bonpara’s collection, use, storage, and sharing of personal information are described in the Bonpara Privacy Policy.
By using the Services, you acknowledge that your personal information may be processed:
- to provide the Services;
- to process payments and payouts;
- to prevent fraud;
- to verify identity;
- to operate AI and chat functionality;
- to support Sponsorship Campaigns;
- to comply with law; and
- for other purposes described in the Privacy Policy.
These Terms do not replace the Privacy Policy.
Streamers who independently collect personal information from Supporters are responsible for complying with applicable privacy and data-protection laws.
22. Compliance, Verification, and Sanctions
You must comply with all laws applicable to your use of the Services, including laws relating to:
- payments;
- taxation;
- sanctions;
- anti-money laundering;
- consumer protection;
- advertising;
- intellectual property;
- privacy;
- export controls; and
- online safety.
You may not use the Services if you are:
- located in a country or territory where use is prohibited;
- subject to applicable sanctions;
- acting on behalf of a prohibited person; or
- legally prohibited from receiving or making the relevant payment.
Bonpara may request documents or information to verify compliance. Failure to provide requested information may result in restrictions, withheld payouts, suspension, or termination.
23. Suspension and Termination
You may stop using the Services at any time.
You may request closure of your account, subject to outstanding transactions, reserves, disputes, legal obligations, and negative balances.
Bonpara may restrict, suspend, or terminate your account or access to any Service where:
- you violate these Terms;
- you create fraud, payment, legal, safety, or security risk;
- a payment provider or third-party platform requires restriction;
- your activity generates excessive chargebacks;
- required verification cannot be completed;
- you fail to pay amounts owed;
- your conduct may harm Bonpara, users, Brands, or third parties;
- continued service would violate law; or
- a feature or Service is discontinued.
Where reasonably possible, Bonpara will provide notice. We may take immediate action where necessary to prevent harm, comply with law, secure the Services, or address fraud.
After termination:
- your license to use the Services ends;
- unpaid amounts remain due;
- pending Creator Earnings may remain subject to review, reserves, refunds, or chargebacks;
- prohibited content may be removed; and
- provisions intended to survive termination will remain effective.
24. Service Availability and Changes
The Services are provided on an “as available” basis.
Bonpara may:
- add or remove features;
- modify functionality;
- impose usage limits;
- change integrations;
- discontinue a Service;
- perform maintenance; or
- restrict access by region or account type.
Bonpara does not guarantee uninterrupted, secure, or error-free operation.
Livestreaming, payment, AI, chat, and third-party integrations may be interrupted by technical failures, internet outages, provider issues, security incidents, regulatory restrictions, or events outside Bonpara’s control.
Where reasonably practicable, we will provide notice before discontinuing a material paid Service.
25. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
BONPARA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- TITLE;
- NON-INFRINGEMENT;
- ACCURACY;
- AVAILABILITY;
- SECURITY; AND
- QUIET ENJOYMENT.
BONPARA DOES NOT WARRANT THAT:
- YOU WILL EARN MONEY;
- A STREAMER WILL RECEIVE SUPPORT;
- A SPONSORSHIP CAMPAIGN WILL BE AVAILABLE;
- A BRAND OR STREAMER WILL PERFORM;
- AI OUTPUT WILL BE ACCURATE;
- CHAT MODERATION WILL PREVENT ALL HARMFUL CONTENT;
- THE SERVICES WILL BE UNINTERRUPTED;
- ALL ERRORS WILL BE CORRECTED; OR
- DATA OR CONTENT WILL NEVER BE LOST.
No information provided by Bonpara creates a warranty unless expressly stated in a written agreement signed by Bonpara.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, exclusions apply only to the extent permitted by law.
26. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BONPARA AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR:
- INDIRECT DAMAGES;
- INCIDENTAL DAMAGES;
- SPECIAL DAMAGES;
- CONSEQUENTIAL DAMAGES;
- EXEMPLARY OR PUNITIVE DAMAGES;
- LOST PROFITS;
- LOST REVENUE;
- LOST BUSINESS;
- LOST OPPORTUNITIES;
- LOSS OF DATA;
- LOSS OF GOODWILL;
- ACCOUNT SUSPENSION BY A THIRD PARTY;
- UNAUTHORIZED USER CONTENT;
- STREAMER OR BRAND CONDUCT; OR
- PAYMENT-PROVIDER OR THIRD-PARTY PLATFORM ACTIONS.
This limitation applies regardless of the legal theory and even if Bonpara was advised that damages were possible.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BONPARA’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- USD $100; OR
- THE TOTAL FEES PAID TO OR RETAINED BY BONPARA FROM YOUR TRANSACTIONS DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limitations do not apply where liability cannot legally be excluded or limited, including liability arising from fraud, willful misconduct, or other liability that applicable law expressly makes non-excludable.
27. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Bonpara, its affiliates, and their directors, officers, employees, contractors, and service providers from claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable legal fees arising from:
- your use of the Services;
- your User Content;
- your breach of these Terms;
- your infringement of another person’s rights;
- your Support Payments, Subscriptions, or Virtual Gift activity;
- your Sponsorship Campaign;
- your products, services, promises, or representations;
- your tax obligations;
- your violation of law; or
- activity conducted through your account.
Bonpara may control the defense of a claim subject to indemnification. You agree to cooperate reasonably with the defense.
28. Informal Dispute Resolution
Before filing arbitration or court proceedings, the party raising a dispute must send the other party a written notice describing:
- the party’s name and account information;
- the nature of the dispute;
- the relevant transaction or event;
- the requested resolution; and
- supporting information.
Notices to Bonpara must be sent to:
Legal Department - Bonpara Inc.
Email: [LEGAL EMAIL ADDRESS]
Address: [LEGAL NOTICE ADDRESS]
The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice.
This requirement does not prevent either party from seeking urgent injunctive relief where necessary to prevent immediate harm.
29. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for disputes eligible for small claims court and the exceptions stated below, any dispute arising from or relating to these Terms or the Services will be resolved through individual binding arbitration rather than in court.
The arbitration will be governed by the United States Federal Arbitration Act.
Unless the parties agree otherwise:
- consumer disputes will be administered under the applicable Consumer Arbitration Rules of the American Arbitration Association;
- business disputes will be administered under the applicable Commercial Arbitration Rules of the American Arbitration Association;
- the arbitration will be conducted by one neutral arbitrator;
- consumer hearings may take place remotely or in the county where the consumer resides, where required by the applicable rules; and
- business hearings may take place remotely or in New Castle County, Delaware.
The arbitrator may award the same individual remedies available in court, subject to these Terms and applicable law.
Class Action Waiver
DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
Neither you nor Bonpara may bring or participate in:
- a class action;
- a class arbitration;
- a collective action;
- a consolidated action;
- a representative action; or
- an action seeking relief for persons other than the individual party.
If the class-action waiver is found unenforceable for a particular claim, that claim must be decided by a court and not by an arbitrator.
Exceptions
Either party may:
- bring an eligible individual claim in small claims court;
- seek urgent injunctive relief relating to unauthorized access, security, or misuse of intellectual property; or
- report conduct to a government or regulatory authority.
Arbitration Opt-Out
You may opt out of this arbitration agreement by sending written notice to [LEGAL EMAIL ADDRESS] within 30 days after first accepting these Terms.
Your notice must include:
- your full name;
- the email address associated with your account;
- your account username, if applicable; and
- a clear statement that you are opting out of the arbitration provision.
Opting out of arbitration does not opt you out of the remaining Terms.
30. Governing Law and Court Venue
These Terms and any dispute arising from them are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except to the extent federal law applies.
For disputes not subject to arbitration, you and Bonpara consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.
You and Bonpara waive any objection based on personal jurisdiction, venue, or inconvenient forum.
Nothing in these Terms removes consumer rights that cannot lawfully be waived under the law of the consumer’s place of residence.
31. Changes to These Terms
Bonpara may update these Terms to reflect:
- changes to the Services;
- legal or regulatory requirements;
- payment-provider requirements;
- security needs;
- new features;
- business practices; or
- risk-management requirements.
We will post the updated Terms and update the “Last Updated” date.
Where required by law, we will provide additional notice or obtain additional consent before material changes take effect.
Material changes will generally apply prospectively. Changes required for legal, regulatory, security, or fraud-prevention reasons may take effect immediately.
Your continued use of the Services after updated Terms take effect constitutes acceptance of the updated Terms.
Changes to the arbitration provision will not apply retroactively to disputes for which the parties had actual notice before the change became effective.
32. Electronic Communications
You agree to receive notices and communications electronically, including through:
- email;
- account notifications;
- dashboard messages;
- website notices; or
- in-product notifications.
Electronic communications satisfy legal requirements that communications be in writing, to the extent permitted by law.
You are responsible for keeping your contact information current.
33. General Provisions
Entire Agreement
These Terms, the Privacy Policy, applicable fee schedules, campaign agreements, and policies incorporated by reference constitute the entire agreement between you and Bonpara concerning the Services.
Order of Precedence
If documents conflict, the following order applies:
- a signed written agreement;
- Sponsorship Campaign-specific terms;
- product-specific terms;
- these Terms; and
- general policies or help-center materials.
Assignment
You may not assign these Terms without Bonpara’s written consent.
Bonpara may assign these Terms in connection with a merger, acquisition, corporate restructuring, asset transfer, financing, or sale of its business.
No Agency
These Terms do not create a partnership, joint venture, franchise, fiduciary, employment, or agency relationship between Bonpara and any user.
Force Majeure
Bonpara is not liable for delays or failure caused by events beyond its reasonable control, including internet failures, natural disasters, war, terrorism, civil unrest, government action, labor disputes, power outages, cyberattacks, payment-network failures, or third-party service interruptions.
Severability
If any provision is held invalid or unenforceable, the remaining provisions remain effective. The invalid provision will be modified to the minimum extent necessary to make it enforceable where permitted.
No Waiver
Failure to enforce a provision is not a waiver of the right to enforce it later.
Headings
Section headings are for convenience and do not affect interpretation.
Language
Translations may be provided for convenience. Unless applicable law requires otherwise, the English version controls in the event of a conflict.
34. Contact Information
Questions regarding the Services:
Bonpara Support
Email: [email protected]
Legal notices:
Bonpara Inc. - Legal Department
Email: [email protected]
Address: Dover, DE, USA