BOTCOPY - Terms of Service
We ("Botcopy", "we", "our" or "us") have respect for your information and data and we expect you to have the same level of respect for our service and data. If at any point you feel we are compromising your data and information, or are not receiving a level of service that meets your expectations of us and for your data and information, please let us know. We are committed to operational excellence and delivering the best possible experience for every Botcopy user. The Botcopy service (the "Service" or "Services") is owned, operated and managed by Botcopy Inc. (hereinafter referred to as Botcopy), a Deleware Corporation based in Santa Monica, CA.
Access To The Service
Access to the Service is only permitted subject to acceptance of these Terms and Conditions ("TOS"), which Botcopy shall be free to modify at any time without prior notice to you ("you" "the user"). It is your sole responsibility to access this page and ensure that you are in compliance with the most up-to-date version of the TOS at https://botcopy.com/terms. By accessing and using any part of the Service, you agree not to engage in any of the following activities 1) Attempt to send or store data other than through means explicitly provided by the Serivce, 2) Attempt to reverse engineer the Service, 3) Attempt to share any content that is offensive to others, slanderous, pornographic in nature, or otherwise may be considered inappropriate for public consumption. We reserve the right to block you from the Service, with no prior notice to you for any reason. You shall hold Botcopy harmless in the event of any claim, in one or other of the following cases: 1) Loss of opportunities, or of business income linked to the functioning or non-functioning or use or non-use of the Service, or content available through the service; 2) Illegal or unauthorized access to the Service by any third party, including any intrusion to Botcopy servers; 3) Any network conditions that may affect the speed or performance of the Service; If you are paying Botcopy for access and use to some Services, you will be granted such access immediately after payment has been processed by our payment processor and we receive confirmation. If your payment is declined for any reason, or your payment method expires, we reserve the right to terminate access to any paid Service features without notice, but we will provide an explanation through email or programmatically through our Services.
You accept that all of our Services shall function "as is" and that any function of the services, including aspects of the Services which are dependent on the services of third parties, are subject to change, or removal without prior notice to you. Botcopy alone shall decide on the expediency of inclusion, or removal of any feature of the Service, or any content available through the Service on its own timeline and at its sole discretion for any and for no reason at all.
Botcopy reserves the right, at any time and on any grounds whatsoever, to alter or temporarily, or permanently discontinue any, in whole, or in part, features, and access to the Service, without informing you prior to. Botcopy shall not be held liable for any direct or indirect loss or damage associated with an alteration or suspension of or interruption in access to the Service, the accuracy or inaccuracy of data, or your inability to access the Service, for any reason whatsoever.
The text, code, logos, drawings, brand names, models, slogans, graphic charts, etc. accessible through the Service may be protected by intellectual and/or industrial property rights. Except where expressly authorized by Botcopy and/or a third party maintaining such rights, you shall not be allowed to modify, reproduce, rent out, borrow, sell, distribute or create derived works based entirely or partially on the elements contained on the website, applications or through any part of the Service. It is therefore not allowed (and may not authorize other people) to copy, modify or create a derived work, reverse the design or assembly or attempt in any other way to find the source code, sell, grant, sublicense or transfer in any way whatsoever, any right relating to content accessible through the Service, or any part of the Service.
Botcopy undertakes strict measures to protect the security of your Information and implements the security procedures and technologies needed to prevent unauthorized access to your Information. Your Information is stored on restricted-access computer systems installed in premises protected by surveillance. By means of a dated and signed written request, you can after giving proof of your identity, via a written statement, free of charge, request the correction of any particulars that are incorrect, incomplete or irrelevant, or the removal of your Information entirely from our computer systems, servers, and the Services in general. Notwithstanding, limited Information may be retained by us indefinitely, even if you terminate your access and/or use of the Services, but we would only use this Information in aggregate form, that is, as a statistical measure, not in a manner that would identify you personally. This enables us to maintain data integrity in our reporting in order to analyze and improve the delivery of our Services.
Confidentiality. Each party acknowledges that as a result of the Services provided, such party (the “Receiving Party”) may receive information from the other party (the “Disclosing Party”) that is designated as Confidential Information communicated orally will be considered Confidential Information if the information is confirmed in writing as being Confidential Information within a reasonable time after the initial disclosure. (“Confidential Information”). Your Confidential Information includes, but is not limited to, internal business information, contact information including names and email addresses of clients and prospective clients, and other information about clients and prospective clients. Botcopy’s Confidential Information includes, but is not limited to, information Botcopy provides in its provision of the Services, its business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by Botcopy The Receiving Party acknowledges that the Disclosing Party’s Confidential Information will remain solely the Disclosing Party’s property and proprietary information of the Disclosing Party and that the Receiving Party’s knowledge of the Disclosing Party’s Confidential Information may enable the Receiving Party to cause the Disclosing Party’s irreparable harm upon the unauthorized disclosure of such matters. The Receiving Party covenants and agrees that it will not use or appropriate for its own behalf, or disclose or communicate, directly or indirectly, any of the Disclosing Party’s Confidential Information to any external third-party individual, firm, company or other entity or person without the Disclosing Party’s prior written consent, except to the extent necessary to perform its obligations under the Agreement.
The Receiving Party shall take all commercially reasonable steps required to protect the Disclosing Party’s Confidential Information from unauthorized disclosure to any third party and shall keep the Confidential Information protected while stored with industry standard and commercially reasonable measures typically used in similar commercial sectors.
The foregoing obligations of confidentiality do not apply to any information that: (a) is made publicly known without fault of the Receiving Party; (b) is lawfully disclosed to the Receiving Party by a third-party having the right to disclose the information; (c) is produced by the Receiving Party pursuant to legal process, or under a court or government agency order to be produced, provided that the Receiving Party shall promptly notify the Disclosing Party of the request or order so that the Disclosing Party has a timely opportunity to seek a protective order or other appropriate relief; or (d) is developed by the Receiving Party independently of the receipt of the Disclosing Party’s Confidential Information.
The Receiving Party shall, at the Disclosing Party’s option, return or destroy all Confidential Information in Receiving Party’s possession, and all copies thereof, at any time upon the Disclosing Party’s request.
Publicity. You grant us the right to add your name and company logo to our customer list and website.
General Commercial Terms
Access. During the term of your Order Form, we will provide you with access to the Services.
Fees and Payment. You agree to pay all applicable fees for the Services as set forth on the invoice unless you provide written notice of a dispute regarding such fees no later than 30 days after the invoice date. Any and all payments you make to us for the Services are final and non-refundable. If we agree to accept your payment via invoice rather than by credit card, full payment must be received within thirty (30) days from the invoice date. We will provide you with notice of non-payment of any undisputed amount due. Unless the full amount not in dispute has been paid, we may suspend your access to the Services thirty (30) days after such notice. We will not suspend the access to the Services while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If your Services are suspended for non-payment, we may charge a re-activation fee to reinstate your access to the Services.
Subscription Fees and Payment. If you are paying via a credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a PCI-compliant third party to process payments, and consent to the disclosure of your payment information to such third party. If you are paying by invoice, we will invoice you no later than thirty (30) days before the beginning of the Subscription Term and all other times during the Subscription Term when fees are payable.
Availability. Botcopy will make commercially reasonable efforts to make the Platform available within the defined uptime percentage of at least 99.5% during the monthly billing period.
Warranties. Botcopy represents and warrants that the Services will be provided in a professional and workmanlike manner in accordance with industry standards.