Terms of Service

These Terms of Service (“Terms”) are an agreement between Pretty Good LLC, doing business as Bonafide (“Bonafide,” “we,” “us,” or “our”), and the person or organization accessing the Services (“you”). The “Services” include withbonafide.com, Bonafide Admin, the Bonafide point-of-sale application (“POS”), hosted storefronts, and related software and support.

If your organization has an order form, master services agreement, data-processing addendum, or another written agreement with us (a “Commercial Agreement”), that Commercial Agreement controls if it conflicts with these Terms.

1. Acceptance and authority

By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you use the Services for an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Services.

2. The Services

Bonafide provides software that supports direct-to-consumer winery operations, which may include ecommerce, customer and club management, tasting-room point of sale, payments, inventory, shipping, tax, communications, reporting, and related workflows. Features may vary by plan, configuration, geography, device, provider availability, or Commercial Agreement.

We may improve or change the Services over time. We will provide notice when a material change requires it or materially reduces a contracted core function.

3. Accounts and access

You must provide accurate information, keep credentials and devices secure, use individual accounts where provided, and promptly report suspected unauthorized access. The organization controls its users, roles, permissions, registers, and customer data. You are responsible for activity under accounts and devices you authorize, except to the extent caused by our breach of these Terms or applicable law.

4. Merchant and user responsibilities

You are responsible for your business and use of the Services, including:

• licenses, permits, product registrations, age verification, direct-shipping eligibility, tax obligations, and other alcohol-related compliance;
• the accuracy and legality of products, prices, inventory, promotions, customer notices, messages, and fulfillment instructions;
• obtaining required permissions and providing required notices for personal information, marketing, email, and text messaging;
• configuring and supervising staff permissions, connected services, payment devices, and physical security; and
• reviewing orders and operational outputs before relying on them where human review is reasonably expected.

Bonafide provides operational software, not legal, tax, accounting, or regulatory advice. You remain responsible for obtaining professional advice appropriate to your business.

5. Acceptable use

You may not:

• use the Services unlawfully, deceptively, or to infringe another person’s rights;
• access data, accounts, systems, or tenants without authorization;
• probe, disrupt, overload, introduce malware into, or bypass security or usage limits of the Services;
• reverse engineer the Services except where applicable law expressly permits it;
• resell or provide the Services to a third party except as a Commercial Agreement allows; or
• use data obtained through the Services for unlawful discrimination, spam, or unauthorized marketing.

6. Fees and payment services

Subscription fees, payment-processing rates, billing frequency, renewal, taxes, and cancellation terms are stated in the applicable Commercial Agreement or checkout flow. You authorize us and our payment providers to charge amounts when due. Unless the applicable agreement or law says otherwise, fees already earned are non-refundable.

Payment processing and supported hardware may be provided by Stripe or another designated provider and may be subject to that provider’s terms. We are not a bank, card network, money transmitter, or payment processor.

7. Data and privacy

As between you and Bonafide, you retain your rights in data you submit to the Services (“Customer Data”). You grant us the limited rights needed to host, process, transmit, display, secure, support, and improve the Services and to comply with law. You represent that you have the rights and permissions needed for Customer Data and your instructions to us.

Our Privacy Policy explains our privacy practices. When we process personal information for an organization as its service provider or processor, the organization is responsible for its instructions and customer-facing notices.

8. Third-party services

You may choose or need to use third-party services such as payment processors, carriers, communications providers, app stores, tax services, or integrations. Their terms and privacy practices govern their services. We are not responsible for a third party’s service, but we remain responsible for our own obligations and for selecting and overseeing our service providers as required by law.

9. Ownership and feedback

We and our licensors own the Services, software, designs, documentation, trademarks, and related intellectual property, excluding Customer Data. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for your internal business purposes during the applicable term.

If you provide feedback, you permit us to use it without restriction or payment, provided we do not publicly identify you as its source without permission.

10. Confidentiality

Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will use it only to perform or receive the Services and will protect it using reasonable care. This does not cover information that is public through no fault of the receiving party, already lawfully known, independently developed, or lawfully received without a duty of confidentiality. A party may disclose information when legally required after providing notice where permitted.

11. Suspension and termination

You may stop using the Services at any time, subject to any Commercial Agreement. We may suspend access when reasonably necessary to address a security threat, unlawful use, material breach, nonpayment, or risk to the Services or others. When practical, we will give notice and an opportunity to cure.

On termination, your right to use the Services ends. We will handle Customer Data according to the Commercial Agreement, our Privacy Policy, customer instructions, and legal obligations. Provisions that by their nature should survive will survive, including ownership, confidentiality, disclaimers, liability limits, and dispute terms.

12. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation or that the Services will independently ensure compliance with alcohol, tax, shipping, privacy, or other laws. Nothing in these Terms excludes a warranty or right that applicable law does not permit us to exclude.

13. Limitation of liability

To the maximum extent permitted by law, neither party will be liable under these Terms for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised that they were possible. Except for amounts that cannot lawfully be limited and any different limit in a Commercial Agreement, each party’s total liability arising out of the Services will not exceed the fees paid or payable to Bonafide for the Services during the 12 months before the event giving rise to the claim. These limits apply to the extent permitted by law and do not limit payment obligations.

14. Indemnification

To the extent permitted by law, you will defend and indemnify Pretty Good and its personnel against third-party claims arising from your Customer Data, products, business operations, violation of law, or material breach of these Terms. We will provide prompt notice, reasonable cooperation, and control of the defense to the indemnifying party, subject to reasonable approval of any settlement that admits fault or imposes obligations on the other party. Any separate indemnity in a Commercial Agreement controls.

15. Governing law and disputes

California law governs these Terms, without regard to conflict-of-law rules. Any dispute procedure in a Commercial Agreement controls. Before starting a formal proceeding, each party agrees to make a good-faith effort to resolve the dispute by contacting the other party and allowing a reasonable time to respond. These Terms do not prevent either party from seeking urgent injunctive relief or using a remedy that cannot be waived under applicable law.

16. Changes to these Terms

We may update these Terms to reflect changes to the Services, law, or our business. We will post the revised Terms, update the date above, and provide additional notice when required. Material changes apply prospectively. Continued use after the effective date constitutes acceptance where permitted by law.

17. General

Neither party may assign these Terms without the other’s consent, except in connection with a merger, reorganization, sale of substantially all relevant assets, or to an affiliate that accepts the obligations. The parties are independent contractors. Failure to enforce a provision is not a waiver. If a provision is unenforceable, the rest remains effective. These Terms and any applicable Commercial Agreement are the complete agreement concerning the Services and supersede prior discussions about their subject matter.

18. Contact

Pretty Good LLC
California, United States
support@prettygood.pro
+1 (805) 909-4718