TERMS OF SERVICE
Last updated: 06/12/2019
1.
Introduction
Welcome
to
BOTMAKERS, LLC
(“Company”, “we”, “our”, “us”)! As you have
just clicked to our Terms of Service, please make a pause, grab a cup of coffee
and carefully read the following pages. It will take you approximately
20 minutes.
These
Terms of Service (“Terms”, “Terms of Service”) govern your use
of our web pages located at https://airchat.botmakers.net
operated by BOTMAKERS, LLC.
Our
Privacy Policy also governs your use of our Service and explains how we
collect, safeguard and disclose information that results from your use of our
web pages. Please read it here https://airchat.botmakers.net/privacy.
Your
agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you
have read and understood Agreements, and agree to be bound of them.
If you
do not agree with (or cannot comply with) Agreements, then you may not use the
Service, but please let us know by emailing at [email protected] so we can try to
find a solution. These Terms apply to all visitors, users and others who wish
to access or use Service.
Thank
you for being responsible.
2.
Communications
By creating an Account on our Service, you agree to
subscribe to newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving any, or all, of
these communications from us by following the unsubscribe link or by emailing
at.
3.
Purchases
If you wish to purchase any product or service made
available through Service (“Purchase”),
you may be asked to supply certain information relevant to your Purchase
including, without limitation, your credit card number, the expiration date of
your credit card, your billing address, and your shipping information.
You represent and warrant that: (i)
you have the legal right to use any credit card(s) or other payment method(s)
in connection with any Purchase; and that (ii) the information you supply to us
is true, correct and complete.
We may employ the use of third party services for the purpose
of facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
parties
subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any
time for reasons including but not limited to: product or service availability,
errors in the description or price of the product or service, error in your
order or other reasons.
We reserve the right to refuse or cancel your order if
fraud or an unauthorized or illegal transaction is suspected.
4.
Subscriptions
Some parts of Service are billed on a subscription basis
(“Subscription(s)”). You will be
billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or
annual basis, depending on the type of subscription plan you select when
purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you cancel it
or BOTMAKERS, LLC cancels it. You may cancel your Subscription
renewal either through your online account management page or by
contacting BOTMAKERS, LLC customer support team.
A valid payment method, including credit card, is required
to process the payment for your subcription. You
shall provide BOTMAKERS, LLC with accurate and complete billing
information including full name, address, state, zip code, telephone number,
and a valid payment method information. By submitting such payment information,
you automatically authorize BOTMAKERS, LLC to charge all Subscription
fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any
reason, BOTMAKERS, LLC will issue an electronic invoice indicating
that you must proceed manually, within a certain deadline date, with the full
payment corresponding to the billing period as indicated on the invoice.
5.
Free
Trial
BOTMAKERS,
LLC may, at its sole discretion, offer a Subscription with a free trial
for a limited period of time (“Free Trial”).
You may be required to enter your billing information in
order to sign up for Free Trial.
If you do enter your billing information when signing up
for Free Trial, you will not be charged by BOTMAKERS, LLC until Free
Trial has expired. On the last day of Free Trial period, unless you cancelled
your Subscription, you will be automatically charged the applicable
Subscription fees for the type of Subscription you have selected.
At any time and without notice, BOTMAKERS,
LLC reserves the right to (i) modify Terms of
Service of Free Trial offer, or (ii) cancel such Free Trial offer.
6.
Fee
Changes
BOTMAKERS,
LLC, in its sole discretion and at any time, may modify Subscription fees for
the Subscriptions. Any Subscription fee change will become effective at the end
of the then-current Billing Cycle.
BOTMAKERS,
LLC will provide you with a reasonable prior notice of any change in
Subscription fees to give you an opportunity to terminate your Subscription
before such change becomes effective.
Your continued use of Service after Subscription fee
change comes into effect constitutes your agreement to pay the modified
Subscription fee amount.
7.
Refunds
Except when required by law, paid Subscription fees are
non-refundable.
8.
Content
Content found on or through this Service are the property
of BOTMAKERS, LLC or used with permission. You may not distribute,
modify, transmit, reuse, download, repost, copy, or use said Content, whether
in whole or in part, for commercial purposes or for personal gain, without
express advance written permission from us.
9.
Prohibited
Uses
You may
use Service only for lawful purposes and in accordance with Terms. You agree
not to use Service:
(a)
In
any way that violates any applicable national or international law or
regulation.
(b)
For
the purpose of exploiting, harming, or attempting to exploit or harm minors in
any way by exposing them to inappropriate content or otherwise.
(c)
To
transmit, or procure the sending of, any advertising or promotional material,
including any “junk mail”, “chain letter,” “spam,” or any other similar
solicitation.
(d)
To
impersonate or attempt to impersonate Company, a Company employee, another
user, or any other person or entity.
(e)
In
any way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful,
illegal, fraudulent, or harmful purpose or activity.
(f)
To
engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of Service, or which, as determined by us, may harm or offend Company
or users of Service or expose them to liability.
Additionally,
you agree not to:
(a)
Use
Service in any manner that could disable, overburden, damage, or impair Service
or interfere with any other party’s use of Service, including their ability to
engage in real time activities through Service.
(b)
Use
any robot, spider, or other automatic device, process, or means to access
Service for any purpose, including monitoring or copying any of the material on
Service.
(c)
Use
any manual process to monitor or copy any of the material on Service or for any
other unauthorized purpose without our prior written consent.
(d)
Use
any device, software, or routine that interferes with the proper working of
Service.
(e)
Introduce
any viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
(f)
Attempt
to gain unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
(g)
Attack
Service via a denial-of-service attack or a distributed denial-of-service
attack.
(h)
Take
any action that may damage or falsify Company rating.
(i)
Otherwise
attempt to interfere with the proper working of Service.
10.
Analytics
We may use third-party Service Providers
to monitor and analyze the use of our Service.
Google
Analytics
Google Analytics is a web analytics
service offered by Google that tracks and reports website traffic. Google uses
the data collected to track and monitor the use of our Service. This data is shared
with other Google services. Google may use the collected data to contextualise and personalise the
ads of its own advertising network.
For more information on the privacy
practices of Google, please visit the Google Privacy Terms web page:
https://policies.google.com/privacy?hl=en
We also encourage you to review the
Google's policy for safeguarding your data:
https://support.google.com/analytics/answer/6004245.
Service
is intended only for access and use by individuals at least eighteen (18) years
old. By accessing or using any of Company, you warrant and represent that you
are at least eighteen (18) years of age and with the full authority, right, and
capacity to enter into this agreement and abide by all of the terms and
conditions of Terms. If you are not at least eighteen (18) years old, you are
prohibited from both the access and usage of Service.
12.
Accounts
When you create an account with us, you guarantee that
you are above the age of 18, and that the information you provide us is
accurate, complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your account on
Service.
You are responsible for maintaining the confidentiality
of your account and password, including but not limited to the restriction of
access to your computer and/or account. You agree to accept responsibility for
any and all activities or actions that occur under your account and/or
password, whether your password is with our Service or a third-party service.
You must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
You may not use as a username the name of another person
or entity or that is not lawfully available for use, a name or trademark that
is subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name that is
offensive, vulgar or obscene.
We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in our sole discretion.
13.
Intellectual
Property
Service and its original content (excluding Content
provided by users), features and functionality are and will remain the
exclusive property of BOTMAKERS, LLC and its licensors. Service is
protected by copyright, trademark, and other laws of the United States.
Our trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of BOTMAKERS, LLC.
14.
Error
Reporting and Feedback
You may provide us directly at [email protected] with
information and feedback concerning errors, suggestions for improvements,
ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree
that: (i) you shall not retain, acquire or assert any
intellectual property right or other right, title or interest in or to the
Feedback; (ii) Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary
information from you or any third party; and (iv) Company is not under any
obligation of confidentiality with respect to the Feedback. In the event the
transfer of the ownership to the Feedback is not possible due to applicable
mandatory laws, you grant Company and its affiliates an exclusive, transferable,
irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to
use (including copy, modify, create derivative works, publish, distribute and
commercialize) Feedback in any manner and for any purpose.
15.
Links
To Other Web Sites
Our Service may contain links to third party web sites or
services that are not owned or controlled by BOTMAKERS, LLC.
BOTMAKERS, LLC has
no control over, and assumes no responsibility for the content, privacy
policies, or practices of any third party web sites or services. We do not
warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT BOTMAKERS, LLC
SHALL NOT BE RESPONSIBLE OR
LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE
CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS
OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND
PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING
ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND
ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR
OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE,
ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR
LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY
LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO
THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES
WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17.
Termination
We may terminate or suspend your account and bar access
to Service immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including but not
limited to a breach of Terms.
If you wish to terminate your account, you may simply
discontinue using Service.
All provisions of Terms which by their nature should
survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
18.
Governing
Law
These Terms shall be governed and construed in accordance
with the laws of State of Delaware without regard to its conflict of
law provisions.
Our failure to enforce any right or provision of these
Terms will not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service and supersede and replace any
prior agreements we might have had between us regarding Service.
19.
Changes
To Service
We reserve the right to withdraw or amend our
Service, and any service or material we provide via Service, in our sole
discretion without notice. We will not be liable if for any reason all or any
part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service,
to users, including registered users.
20.
Amendments
To Terms
We may amend Terms at any time by posting the amended
terms on this site. It is your responsibility to review these Terms
periodically.
Your continued use of the Platform following the posting
of revised Terms means that you accept and agree to the changes. You are
expected to check this page frequently so you are aware of any changes, as they
are binding on you.
By continuing to access or use our Service after any
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set
forth in Terms shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of
Company to assert a right or provision under Terms shall not constitute a
waiver of such right or provision.
If any provision of Terms is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal or unenforceable for
any reason, such provision shall be eliminated or limited to the minimum extent
such that the remaining provisions of Terms will continue in full force and
effect.
BY
USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
23.
Contact
Us
Please
send your feedback, comments, requests for technical support:
By email: [email protected].
