Terms of use

Who we are

UpBonsai is a brand of Gerlach LLC. In these terms, “UpBonsai,” “we,” “us,” and “our” mean Gerlach LLC. “You” means the person or company visiting the site or contacting us.

The site describes custom software services. It is not a product you can subscribe to, and it does not create an account for you.

Using the site

You may use the site to learn about our work and to contact us about a possible engagement. You agree to use it only for lawful purposes and not to interfere with how it operates.

You may not attempt to gain access to systems, data, or accounts that are not yours, probe or scan the site for vulnerabilities, send malware, or use the site to send unsolicited commercial messages. You may not copy the site in order to offer a competing service, or misrepresent your affiliation with UpBonsai.

No purchase on this website

Nothing on the site is an offer to sell a subscription, a seat, or a hosted product. Pricing descriptions explain how engagements usually start. They are not a quote.

A project begins only when both sides sign a separate statement of work or services agreement. Until then, conversations, calls, and proposals are exploratory. Either side may decide not to proceed.

Messages you send us

The contact form opens your own email application with a draft addressed to contact@upbonsai.com. We receive the message only if you send it. The same is true of the email field in the footer.

Please do not include passwords, payment card numbers, health information, or other sensitive data in that message. Tell us the tools you use and the job you need done. We use what you send to reply and to prepare a scope.

Client work

Software we build for a client, including access to that software, is governed by the agreement for that engagement. These website terms do not set fees, timelines, ownership of custom work, or support obligations.

If a signed agreement and these terms ever conflict about a paid engagement, the signed agreement controls.

Intellectual property

The site’s text, visuals, layout, and name are owned by Gerlach LLC or its licensors. You may view them and share links to the site. You may not copy them for your own commercial site, or remove notices that identify UpBonsai as the source.

UpBonsai, the UpBonsai name, and the site’s look are trademarks of Gerlach LLC. Other product names mentioned on the site belong to their owners. Mention of a tool does not mean that company sponsors or endorses us.

Ideas you share

If you send a suggestion about the site or about how we work, you agree we may use it without obligation to you. Do not send confidential information until we have a signed agreement that says we will keep it confidential.

Third-party sites

The site may link to other websites, including a public blog. Those sites have their own terms and privacy practices. We are not responsible for their content or for what happens after you leave upbonsai.com.

Disclaimers

The site is provided as is and as available. We work to keep it accurate and online, and we do not warrant that it will be uninterrupted, error-free, or fit for a particular purpose.

Examples on the site, including sample operations screens, illustrate the kind of work we do. They are not a live system, a customer result, or a promise of a particular outcome.

To the fullest extent allowed by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of liability

To the fullest extent allowed by law, Gerlach LLC and its members, employees, and contractors are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of your use of the site or your inability to use it.

Our total liability for a claim about the site will not exceed one hundred U.S. dollars, or the amount you paid us specifically for access to the site, whichever is greater. The site is free to browse, so that amount will usually be one hundred dollars.

Some places do not allow certain limitations. In those places, our liability is limited to the extent the law allows. Nothing in these terms limits liability for fraud, or for death or personal injury caused by negligence, where the law does not allow that limitation.

Your responsibility

You will indemnify Gerlach LLC against claims, damages, and reasonable legal costs arising from your misuse of the site, your violation of these terms, or content you send us that infringes someone else’s rights. We will give you notice of a claim that this section covers.

Changes, suspension, and general terms

We may update the site or these terms. When we change the terms, we change the date at the top of this page. If you keep using the site after that date, the updated terms apply. If you do not agree, stop using the site.

We may suspend or discontinue the site, or any part of it, without notice.

If a court finds part of these terms unenforceable, the rest still applies. Our failure to enforce a term is not a waiver. You may not assign your rights under these terms. We may assign ours, including in connection with a reorganization of Gerlach LLC. These terms are the entire agreement about the website. They do not create a partnership, joint venture, or agency.

Governing law

These terms are governed by the laws of the United States and the state in which Gerlach LLC is organized, without regard to conflict-of-law rules. Courts in that state are the venue for disputes about the website, except that either party may seek injunctive relief to protect intellectual property.

Contact

Questions about these terms: contact@upbonsai.com. Gerlach LLC, doing business as UpBonsai.