Terms of Service

1. Using Bot-It

Who can use Bot-It

You may use our Products only if you can form a binding contract with Bot-It, and only in compliance with these Terms and all applicable laws. When you create your Bot-It account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited.

If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

Our license to you

Subject to these Terms and our policies, including our Acceptable Use Policy, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

Commercial use of Bot-It

If you want to use our Products for commercial purposes, you must create a business account and agree to our Business Terms of Service.

2. Your Content

Posting content

Bot-It allows you to post content, including photos, videos, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Bot-It.

How Bot-It and other users can use your content

You grant Bot-It and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Bot-It solely for the purposes of operating, developing, providing, and using the Bot-It Products. Nothing in these Terms restricts other legal rights Bot-It may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from Bot-It, we may retain your User Content for a commercially reasonable period for backup, archival, or audit purposes. Bot-It and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute User Content that other users have stored or shared through Bot-It. Copies of content shared with others may remain after you delete the content from your account.

Your responsibility for your content

To Bot-It and our community. Bot-It provides a positive place for you and other users to discover and share the media you love. To keep it that way, you must abide by our Bot-It Decorum and comply with our policies, including our Acceptable Use Policy. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission.

To third parties. Bot-It respects the rights of third-party creators and content owners and expects you to do the same. You agree not to post any User Content that violates any law or infringes the rights of any third party.

Feedback you provide

We value hearing from our users and are always interested in ways to make Bot-It better. If you submit comments, ideas, or feedback, you agree that we may use them without restriction or compensation to you. By accepting your submission, Bot-It does not waive any rights to use similar or related feedback previously known to Bot-It, developed by its employees, or obtained from other sources.

3. Refund Policy

Refunds will not be permitted after an automation process (bot) is executed or run in the Bot-It system. After one use of an automation process, customers relinquish all rights to request a refund. Refunds are permitted only to customers who have an active subscription within 30 days of their subscription and have not executed an automation process (bot).

4. Copyright Policy

Bot-It has adopted and implemented the Bot-It Copyright Policy in accordance with the Digital Millennium Copyright Act.

5. Security

We care about the security of our users. While we work to protect the security of your content and account, Bot-It cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

6. Third-Party Links, Sites, and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Bot-It. We do not endorse or assume responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Bot-It, you do so at your own risk and agree that Bot-It will have no liability arising from your use of or access to it.

7. Termination

Bot-It may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6–12 of these Terms.

8. Indemnity

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Bot-It and its officers, directors, employees, and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal and accounting fees and costs of defense, in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of these Terms.

9. Disclaimers

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

Bot-It specifically disclaims all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Bot-It takes no responsibility and assumes no liability for User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

10. Limitation of Liability

To the maximum extent permitted by law, Bot-It shall not be liable for any indirect, incidental, special, consequential, or punitive damages, any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your access to, use of, or inability to access or use the Products; (b) any conduct or content of any third party on the Products, including defamatory, offensive, or illegal conduct of other users or third parties; or (d) unauthorized access, use, or alteration of your transmissions or content. In no event shall Bot-It's aggregate liability exceed one hundred U.S. dollars (U.S. $100.00).

11. Arbitration

For any dispute you have with Bot-It, you agree to first contact us and attempt to resolve the dispute informally. If Bot-It has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy—excluding claims for injunctive or other equitable relief—arising out of or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as provided herein.

Unless you and Bot-It agree otherwise, the arbitration will be conducted in the county where you reside. Each party will pay AAA filing, administrative, and arbitrator fees in accordance with AAA rules, except that Bot-It will pay your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous under Federal Rule of Civil Procedure 11(b). The award shall include arbitration costs, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and judgment on the award may be entered in any court of competent jurisdiction.

Nothing in this Section prevents either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service.

All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. By entering into these Terms, you and Bot-It each waive the right to a trial by jury or to participate in a class action.

12. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Delaware or the United States District Court for the Northern District of Delaware for actions not subject to Section 10 (Arbitration).

Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

13. General Terms

Notification procedures and changes to these Terms

Bot-It reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time, and the most current version will always be posted on our website. If a revision is material in our sole discretion, we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Bot-It without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire agreement and severability

These Terms, together with the Privacy Policy, any amendments, and any additional agreements you may enter into with Bot-It in connection with the Products, constitute the entire agreement between you and Bot-It concerning the Products. If any provision is deemed invalid, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver

No waiver of any term shall be deemed a further or continuing waiver of that term or any other term, and Bot-It's failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.

14. Invoicing and Payments

14.1 General

Payments will be made pursuant to Bot-It's payment instructions. Charges are exclusive of taxes. Billing starts on the date the Customer first executes the applicable subscription. All fees are due seven days from the date of Bot-It's invoice, all payment obligations are non-cancellable, and all fees paid are non-refundable. If payment is not received within seven days after the due date, Bot-It may suspend the Customer's access to the Service until overdue amounts are paid in full, without limiting its other rights or remedies.

14.2 Additional Paid Features

The use of some Service features may require payment on a per-order, per-use, subscription, or other basis, including applicable taxes. The Customer agrees to pay all amounts due under this Agreement or applicable Additional Terms. Unless stated otherwise, you will be charged at purchase. Any and all payments to Bot-It are final, non-cancellable, and non-refundable.

If the Customer makes a payment-card payment, the Customer agrees to provide Bot-It's third-party payment processor with information needed to complete the transaction and to keep that payment information current. Bot-It may update the Customer's payment method using information provided by third-party payment service providers. The Customer authorizes Bot-It to continue charging the applicable payment method after an update.

14.3 Subscriptions

Bot-It may offer Service features for which access and use are purchased or made available on a time-limited basis (each a "Subscription"). The Subscription fee will be charged at regular intervals based on the applicable subscription date shown at checkout, starting at purchase. The Subscription will renew automatically at the end of each Subscription period unless and until the Customer cancels.

The Customer may cancel through our web portal, by contacting Bot-It at info@botit.com, or directly in the Apple App Store. The Customer will be charged all applicable fees and taxes for the Subscription.