1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a Bothaus account ("Account") by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Bothaus may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Bothaus will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Bothaus cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and Content that is uploaded under your Bothaus Account. You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Bothaus will result in an immediate termination of your services.
2. Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Upon completion of sign up for the Service, Bothaus will create a Stripe customer on your behalf, using your email address.
- You acknowledge that Stripe will be your default payments gateway.
3. General Conditions
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the United Kingdom, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the United Kingdom with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Bothaus may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Bothaus’s website, available at https://www.bothaus.io/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Bothaus’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Bothaus service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United Kingdom. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Bothaus.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Bothaus or Bothaus trademarks and/or variations and misspellings thereof.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Bothaus’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.bothaus.io/terms will prevail.
- Questions about the Terms of Service should be sent to email@example.com.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
4. Bothaus Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Bothaus employees and contractors may also be Bothaus customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- Bothaus does not pre-screen Content and it is in our sole discretion to refuse or remove any Content that is available via the Service.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Bothaus retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Bothaus reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Bothaus customer, Bothaus employee, member, or officer will result in immediate Account termination.
5. Limitation of Liability
- You expressly understand and agree that Bothaus shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- Bothaus does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- Bothaus does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Bothaus does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- In no event shall Bothaus or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bothaus partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
6. Waiver and Complete Agreement
- The failure of Bothaus to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
- The Terms of Service constitutes the entire agreement between you and Bothaus and govern your use of the Service, superseding any prior agreements between you and Bothaus (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the Bothaus service. All material you upload remains yours. You can remove your Bothaus Content at any time by deleting your Account.
- You retain ownership over all Content that you upload to Bothaus. You are responsible for compliance of Content with any applicable laws or regulations.
- By using the service, you agree: (a) allow Bothaus to store your Content; and (b) that Bothaus can, at any time, review all the Content submitted to your Account.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
8. Payment of Fees
- You will pay the Fees applicable to your subscription ("Subscription Fees") and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account ("Transaction Fees"), and any fees relating to additional service usage ("Additional Fees"). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the "Fees".
- Subscription Fees are paid in advance and will be billed monthly (each such date, a "Billing Date"). Transaction Fees and Additional Fees will be charged from time to time at Bothaus’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Bothaus will charge applicable Fees to the credit card account that you authorize ("Authorized Card"), and Bothaus will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars. Bothaus reserves the right to take payment in a local currency.
- You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Bothaus’s products and services.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes").
- Bothaus does not provide refunds.
9. Cancellation and Termination
- You may cancel your Account at anytime by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in Bothaus’s response.
- We reserve the right to modify or terminate the Bothaus Service or your Account for any reason, without notice at any time.
- Upon termination of the Services by either party for any reason:
- Bothaus will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Bothaus for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your flows will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- Without limiting any other remedies, Bothaus may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
10. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days notice from Bothaus. Such notice may be provided at any time by posting the changes to the Bothaus Site (bothaus.io) or the account management menu of your Bothaus workspace via an announcement.
- Bothaus shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Bothaus reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
11. Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Bothaus’s partners or other third parties.
- Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
- Under no circumstances shall Bothaus be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Bothaus has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bothaus partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Bothaus has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Bothaus’s websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Bothaus. Bothaus strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Bothaus is not responsible for any disclosure, modification or deletion of your data or Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Content.
- Bothaus may from time to time recommend, provide you with access to, or enable third party software, applications ("Apps"), products, services or website links (collectively, "Third Party Services") for your consideration or use, including via the Bothaus Service & Augment catalogs. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider ("Third Party Provider"). Any use by you of Third Party Services offered through the Services or Bothaus’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
Last updated: 25 February 2018