Terms of Service

Last Update: 30/01/2024

PRODUCTS AND SERVICES TERMS AND CONDITIONS

Welcome, and thank you for your interest in the products and services provided through BotCommerce (“BotCommerce,” “Business,” “Company,” “we,” or “us”) on our website at BotCommerce, related websites, networks, and applications, software, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service (“Terms”) constitute a legally binding contract in all its parts and specifications. It is crucial for us that you read this document in its entirety, as it outlines what we expect from you when using our products and services, as well as what you can expect from us.

To register as a user on any of our platforms through which we provide products and services, you are obligated to provide your real data that fully verifies your identity and have a minimum age of 18 (eighteen) years or the legal age determined in your country or region to enter into legal contracts. It is your responsibility to read these Terms and Conditions as well as our Privacy Policy, along with any applicable software license agreement, as the case may be. BotCommerce’s Privacy Policy and Cookie Policy are incorporated by reference into these Terms and are part of them.

By clicking the “I Agree” button or by browsing any of our websites or digital platforms, downloading, installing, or accessing or using the service, you expressly agree that you have read and understood these Terms and Conditions and are bound by their content, additions, revisions, and subsequent updates, including BotCommerce’s privacy policy and any additional terms and policies that BotCommerce may incorporate discretely and reasonably (collectively, these “terms”). If you do not fully accept the Terms, then unfortunately, you cannot and should not use the service or any of its direct or indirect derivatives or components.

In order to provide our products and services, BotCommerce uses the official API of various social networks such as WhatsApp, Facebook, Instagram, Twitter (today “X”), LinkedIn, Pinterest, Tumblr, Reddit, Telegram, among others with similar features and purposes (excluding WhatsApp Baileys used inside SocialPoster), which are available in the respective Developer Centers for each of these platforms. Therefore, these applications rely entirely on services provided by third parties (the API of each platform). We are not responsible for any critical changes they may make. Nor do we guarantee that the application’s compatibility with the API of different platforms can be permanent, as they may be modified at any time and without prior notice.

REFUND POLICY

Through these Terms and Conditions, you acknowledge and agree that we do not offer refunds of any kind.

We also do not provide refunds for issues that may arise due to changes made by third parties that may hinder or make it impossible for you to use the products and services.

If you use a payment method for the acquisition of our products or services for which you are not the account holder, we do not offer or provide any refunds, compensation, or payment cancellation. The use of the payment method is solely your responsibility, both towards us and third parties.

LIMITATION OF LIABILITY

It is crucial for you to know that some of the products and services provided through BotCommerce may depend on the use of third-party applications; therefore:

• We are not responsible if “The Service” stops working, works partially, or works erroneously, whether due to issues with third parties (e.g., Facebook, Instagram, WhatsApp, or any other related to “The Service”), issues with the original apps, or problems that make ordinary use impossible.
• We do not guarantee that “The Service” will always function securely and without errors, interruptions, delays, or imperfections. This is because it is not possible to predict if any issues will arise concerning our products or services due to their inherent nature. Similarly, we are not liable for any explicit or implicit matters, including warranties of merchantability, acquisition, mode or manner of use, or any type of infringement or penalty. You agree and are obligated to use “THE SERVICE” legally and appropriately, preserving our rights, reputation, and assets.
• We are not responsible for any direct or indirect costs, loss, or damage arising from the use or misuse of the application or for any other reason. Likewise, we are not responsible for loss of profits, revenue, information, or data; consequential, special, indirect, exemplary, punitive, or incidental damages that arise or are related to them (for any cause and any type of liability, including negligence), even if we have been advised of the possibility of such damages.
• We do not provide refunds of any kind for any reason.
• In the case of automatic renewals of “The Service,” there is no refund of any kind. You may cancel “The Service” at any time without restriction. Please be aware that upon cancellation, your free trial will immediately end, and you will no longer have access to the service. No additional trial period will be granted. Payments are processed through third-party systems and servers; therefore, we are not responsible for any time zone discrepancies, failures, or issues related to the payment systems used to process charges for acquiring “The Service.”
• We are not responsible for any misuse you carry out with our products or services or any of their component parts. Nor are we responsible for the improper use of the products or services or any of their components by third parties.
• We are not liable if you use a payment method of which you are not the account holder because we trust that you use payment methods for which you have authorization or of which you are the account holder. Therefore, payments made through third-party payment methods are valid, and there is no refund or cancellation, as you are solely responsible to us and third parties for the payment method you use. By doing this, you release us from any liability in the event that you use payment methods on any of our platforms or applications for which you are not the account holder.

USE OF “THE SERVICE”

The Service provides a digital workspace for users to create, plan, and collaborate on marketing content. Therefore, you unconditionally commit to using the Service only for the intended purposes and as outlined in these Terms. You are obligated to make legal use without causing harm to us or affecting third parties in any way. We may terminate, suspend, or deny access to the Service permanently or temporarily without prior notice or liability if, in our reasonable determination, you violate any of these Terms, or the spirit or intent of these Terms, including engaging in any of the specifically prohibited actions listed enumeratively but not limited to:

• Using the Service or any of its components for illegal, infringing, or fraudulent purposes;
• Probing, scanning, or testing the vulnerability of any system or network used or related to the Service or any of its components;
• Manipulating, reverse engineering, or making unauthorized copies of the Service or any of its elements, bypassing any security measure or authentication of the Service, or attempting to gain unauthorized access to the Service (any of its elements) or related systems, networks, or data, whether owned by us or third parties;
• Accessing or searching the Service through any means other than our publicly supported interfaces, or copying, distributing, or disclosing any part of the Service in any medium, including any automated or non-automated scraping;
• Overloading or attempting to overload our infrastructure by imposing an unreasonably large load on the Service that consumes extraordinary resources, such as through the use of “robots,” “spiders,” “offline readers,” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period using a normal browser;
• Misrepresenting or disguising the origin of any data, content, or other information you send (including through “identity theft,” “phishing,” manipulation of headers or other identifiers, impersonation of any other person, or false implication of any sponsorship or association with BotCommerce or any third party), or accessing the Service through another user’s account without their permission;
• Promoting or advertising products or services other than your own without proper authorization;
• Deceiving, defrauding, or misleading us, any of our customers, users, or third parties;
• Acquiring or paying for “The Service” using false data or information or that belongs to a third party who has not given you express prior authorization for its use;
• Misusing our support services or submitting false reports of abuse, misconduct, or security violations;
• Altering, damaging, reproducing, modifying, displaying, or publicly performing, encoding, translating, or creating derivative works of, or reverse engineering any part of the Service or related intellectual property, including its source code, software, and documents, or allowing others to perform any of the above, without our express written consent;
• Renting, leasing, selling, licensing, or sublicensing, or commercially exploiting any part of the Service without our express written consent;
• Using the Service as part of any effort to compete with us or to provide similar products or services;
• Sending (or posting, uploading, sharing, or otherwise providing) data, content, or other information that (i) infringes on the intellectual property, privacy, or other rights of BotCommerce or a third party or for which you do not have the right to submit (including confidential or personal information that you are not authorized to disclose); (ii) is misleading, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, or offensive from a religious, racial, or ethnic perspective, encourages illegal or unlawful conduct, or is otherwise inappropriate at the discretion of BotCommerce; (iii) contains viruses, bots, worms, scripting exploits, or other similar materials; or (iv) could otherwise cause harm to BotCommerce or any third party;
• Using any robot, spider, other automated devices, or manual processes to monitor any content of the Service without our express written consent;
• Allowing or encouraging anyone else to commit any of the actions or omissions contained in this section or of similar nature.

You agree and acknowledge that in the event that you engage in any illegal or inappropriate use of “The Service,” either directly or through a third party, you are solely responsible for any damages, losses, and infringements that may result. Therefore, at this moment, you release BotCommerce, its collaborators, associates, dependents, assets, and any action or right related to us, both before authorities and third parties.

You are aware and agree that in the event that you, either directly or through a third party, engage in unauthorized, unlawful, or inappropriate use of “The Service” or any of its components, you will be permanently disabled from reopening an account, subscription, or acquiring any of our products and services. If you violate this, you will be responsible for criminal, civil, and administrative charges, as well as the restitution of damages and losses caused to BotCommerce or any third party.

ELIGIBILITY

To access any of our products and services, you must be at least 18 years old or the minimum age required in your country or region, and provide authentic data that fully verifies your identity. By accepting these Terms, you declare and warrant that: (a) you have the required age for it; (b) you have not been previously suspended or removed from “The Service”; (c) to register and acquire “The Service,” you have provided true information that fully corroborates your identity, as well as the use of payment methods owned by you or belonging to a third party with their full authorization; and (d) your registration and use of the Service comply with all applicable laws and regulations. If you are an entity, organization, or company, the person accepting these Terms on its behalf declares and warrants that they have the authority and sufficient powers to bind it to these Terms. References to “you” in this document (and all your obligations herein) will refer to that entity, and this extends to any individual or group using the Service on behalf of that entity.

ACCESS AND USER ACCOUNTS

You can access “The Service” through a web browser (Chrome, Firefox, Safari, IE, or Edge) using the following address: botcommerce.app. The Service is enabled and applies SSL (Secure Sockets Layer). To access the Service, you must register for an account (“Account”) and provide your real information that fully verifies your identity as indicated in the registration form to create your account. You can also upload additional content and information to your user profile.

By creating your account and user profile, you agree to provide real, accurate, and complete information and declare and warrant that the content and information you provide are true and do not violate any rights of third parties.

You can delete your Account and user profile at any time, for any reason, using the option provided for that purpose in the user account menu of “The Service.”

You are solely responsible for maintaining the confidentiality of your BotCommerce password and account; it is prohibited to share your account with third parties, and you also cannot use an account or user profile that does not belong to you.

You are solely responsible for all activities that occur in your account or through your user profile. If you believe that your account is no longer secure, you must notify us immediately via the email address indicated on our website.

DECLARATION OF PRIVACY

Your information is important to us; therefore, it is confidential, and we do not provide access to it to any third party for any reason, unless there is an order from a competent authority. Your information is only used to stay connected with you and for the purpose of improving our products and services, as well as to send you updates and any information related to “The Service.”

GENERAL PAYMENT TERMS

All fees are in US dollars and are non-refundable. The fees vary depending on the product or service you acquire with us, with different pricing schemes for individual users and organizations.

We trust that when acquiring our products and services, you use your own payment methods. Therefore, you are solely responsible to us and third parties for the use of the payment methods with which you acquire our products and services.

If you use payment methods for which you are not the account holder, you guarantee having authorization from its legitimate owner to make the payment. In the event that you use a payment method owned by a third party without their authorization, you will be the sole and direct responsible party for any sanctions, damages, and losses incurred to us and third parties. In this case, the payment or charge made for the acquisition of our products and services is also non-refundable, leaving BotCommerce free from any responsibility.

PRICE

We reserve the right to determine, modify, or update the price of “The Service” without prior notice.

We make reasonable efforts to keep the information about our prices duly published on our website up-to-date. Therefore, you are aware and agree that you should periodically check our website for information on current prices, as well as updates to our terms and conditions.

We have the discretionary authority to update, change, or modify the fees for any feature of the Service, including additional fees or charges, without prior notice, starting from their publication on our website. BotCommerce, at its sole discretion, may make promotional offers with different features and prices to any BotCommerce clients. Offers and promotions are subject to their specific terms and conditions, as published on our website.

In the case of offers or promotions that reward our clients for recommending our services or referring new clients, this does not constitute any commercial, partnership, employment, civil, or administrative relationship with them. In other words, you will only be entitled to the benefit or reward specified in the corresponding offer or promotion.

If you use a trial period, you agree to provide a valid payment method. You may cancel “The Service” at any time without restriction. However, please be aware that upon cancellation, your free trial will immediately end, and you will no longer be able to access the service. If you do not cancel “The Service,” the charge will be applied and is non-refundable, as your continued use of the product or services indicates your satisfaction and agreement with these terms and conditions.

PAYMENT AUTHORIZATION

Expressly, you authorize BotCommerce directly or through the payment channels available on our website to charge the corresponding price for the products and services you acquire with us. The charge may be periodic as appropriate for the product or service you have acquired and is subject to these Terms and Conditions. This charge will be made through the current payment method in your account and user profile at the time of acquiring “The Service.”

If the payment method you use in your account or user profile turns out to be invalid for any reason, you are solely responsible for it, including cases where you use payment methods belonging to third parties.

You expressly authorize BotCommerce directly or through the payment channels available on our website to apply any charge to any valid payment method associated with your account or user profile. This authorization applies even if you are not the holder of the payment method, as you are the sole responsible party to us and third parties for the use of the payment methods linked to your account or user profile. Therefore, you are responsible for their lawful use, as well as for any liability, damage, or harm resulting from the use of the payment methods you link to your account or user profile.

CONSUMPTION POLICY

In some of our products or services, we offer a trial period for you to evaluate our service at no cost. However, you are aware and accept that to create your account and user profile, you must provide a valid payment method as a requirement for its creation. You can vary or update the payment method later under your strict responsibility.

You decide until when we are together; therefore, you are solely responsible for timely canceling your use of “The Service” within the trial period. If you do not do so, your subscription will be activated automatically, and the corresponding charge will be made to the current payment method in your account or user profile. Once the charge is made, you agree that there will be no refunds or compensations from our part.

If you choose to start with a free trial period, you are aware and accept that the “cancel” button will be available in your user account at any time. However, please note that canceling will immediately end your free trial, and you will no longer have access to the service.

You are aware and agree that when acquiring our products or services, you cannot request refunds under any circumstances.

It is your responsibility to cancel your subscription to “The Service” if you do not wish to continue with us, and you must cancel with due notice before the next charge or fee generated for its use. If you do not cancel the product or service, the charge will continue to be generated, and the charge to the current payment method you registered will continue to be applied, as it is understood that you are satisfied with us and continue to use “The Service.”

We do not provide refunds or compensations of any kind, which also applies in the case of automatic renewals (once an order is placed, there are no refunds of any kind).

In the event that you purchase any product or service that we cannot deliver due to your lack of cooperation (whether voluntary or technical), you will lose the product or service, and no refund or compensation will be made.

SUBSCRIPTION SERVICE AND CANCELLATION POLICY

The Service may include automatically recurring payments for periodic charges (“Subscription Service”).
If you activate a Subscription Service, you authorize BotCommerce to periodically charge, from then on and until the cancellation of recurring payments or your account, all sums accumulated on or before the payment due date for the accumulated sums.

The “Subscription Billing Date” is the date you purchase your first subscription to the Service.

For information on the “Subscription Fee,” please refer to our published prices on our website.

All applicable fees for the next subscription period will be automatically charged to the current payment method on your account or user profile on the Subscription Billing Date.

The subscription will continue unless and until you cancel it or we make the sad decision to cancel it for reasonable reasons.

You must cancel your subscription before it renews to avoid being billed the next periodic subscription fee on your account.

You can cancel the Subscription Service by accessing your account and clicking on My Subscriptions > View > Cancel.

DELINQUENT ACCOUNTS

If you fail to make timely payments for “The Service,” it will be canceled because we understand that, for the moment, you do not wish to continue with us. Don’t worry; you can come back and reactivate your account by making the corresponding payment for the current fee of the product or service you want to acquire.

USER CONTENT IN GENERAL

As a user of “The Service,” you are solely responsible for the content you post or share, and therefore, you are solely responsible for the consequences of posting it. You retain copyright and any intellectual property rights you may legally have over the content you post on “The Service.”

By “User Content,” we mean all information and content that a user submits or uses with “The Service”; “Content” means information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, interactive features, or any other material. When we say “post,” we include posting, uploading, sharing, sending, or providing user content in any way in connection with the Service.

You are aware and agree that to use “The Service,” you need to grant the strictly necessary permissions regarding the content you share, as well as your personal information.

We do not prejudge the origin or legality of the content our users share or post. Therefore, we trust and make it clear that the content our users publish or share related to “The Service” is their sole responsibility in relation to us and any third party.

RESTRICTIONS ON USER CONTENT

BotCommerce, its website, its employees, agents, developers, staff in general, products or services, and everything that makes up “The Service,” are exempt from any kind of responsibility regarding the content that the user develops, posts, or shares.

You are solely responsible for the accuracy, quality, completeness, legality, reliability, suitability, intellectual property, or usage rights of all user content you post or share. By creating your account and user profile with us, you expressly agree and commit not to post or share content that:

(i) creates a substantial risk of harm, loss, damage, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself or any other person or entity;

(ii) contains information or content that you know is false or misleading to others;

(iii) contains any information or content that is illegal, defamatory, slanderous, infringing, invasive of personal privacy or publicity rights, or otherwise violates the rights of third parties;

(iv) contains information that you do not have the right to make available under any law or contractual relationship or express authorization;

(v) contains viruses, trojan horses, worms, time bombs, or any other computer programming routines that aim to damage, interfere with, intercept, or expropriate the Service or its content, or any computer programming routine that has a similar effect;

(vi) could be reasonably considered objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

(vii) contains content that incites hate, a threat of physical harm, or harassment.

BotCommerce reserves the discretionary right, on reasonable grounds, to remove or refuse to post or promote any user content that violates the terms or policies of any third-party platform with which BotCommerce’s services integrate or interoperate.

INTELLECTUAL PROPERTY RIGHTS ON USER CONTENT

In order for you to be recognized as the owner and to retain the copyright and any other intellectual property rights you may have over any User Content you publish, you are obligated to provide real and authentic data and information. You must declare and warrant that any User Content published by you is original, unpublished, or owned by you, or that you have obtained all necessary permissions and authorizations for the use of such content. Furthermore, you declare that all content published by you on “the Service” does not infringe any copyright or other property rights, intellectual, proprietary, or related rights of any other person or entity.

By publishing your User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works, and publicly display and perform your User Content in connection with “the Service” and our products, services, and platforms, in any media format or tangible form and through any media channel now known or developed in the future.

By providing User Content to other users of the Service or through the Service, you hereby grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

DISCLAIMER REGARDING USER CONTENT

We have no obligation to edit or control the User Content that you or other users post, and we are not and will not be in any way responsible for User Content.

BotCommerce may, at any time and without prior notice, filter, delete, edit, or block any User Content that, in our sole and reasonable discretion, violates these Terms or is otherwise objectionable.

You expressly acknowledge and agree that by using “the Service,” you will be exposed to User Content from various sources, and you recognize that User Content may be inaccurate, offensive, indecent, or objectionable. It is not our responsibility to regulate the types of content that may exist on “the Service” since users upload or share the content.

You expressly agree that you hereby waive any legal rights or remedies you may have against BotCommerce, its staff, its products and services, its website, and any component of “the service” regarding User Content.

If a user or content owner informs us that the User Content allegedly does not comply with these Terms, we may investigate the accusation and determine, at our sole and reasonable discretion, whether the User Content violates these terms and conditions. Therefore, we reserve the right to remove user content at any time and without prior notice. BotCommerce prohibits any activity, development, or content that infringes copyright, intellectual property rights, proprietary rights, or related rights on “the Service.”

CONTENT MONITORING

We do not control or have any obligation to monitor:

(i) User Content;

(ii) any content made available by third parties; or

(iii) the use of the Service by its users.

You expressly acknowledge and agree that BotCommerce reserves the right, and may, when it deems appropriate, monitor all information transmitted or received through the Service for operational, business, and product or service purposes.

The decision to monitor content does not imply our approval or submission to any analysis regarding its origin, legality, or authenticity. Therefore, we assume no responsibility for the content or any loss or damage incurred as a result of using the content. During eventual monitoring, you grant us full authorization to examine, record, copy, and use User Content in accordance with our Privacy Policy.

AVAILABILITY AND SERVICE COMMITMENT

While we strive to provide the most reliable and up-to-date software tools, interruptions and delays in accessing the Service are inevitable. As you are aware, global computer networks occasionally experience disruptions beyond our control and yours.

Therefore, we cannot guarantee that the Service will be available to you 100% of the time, given the nature and components of “the Service” that you are already familiar with.

We conduct regular reviews of our systems, and in the event of a failure, we have personnel available to address reported issues promptly. We make reasonable efforts to restore the service to our users quickly, often within a 24-hour period.

You acknowledge and expressly accept that we perform and maintain regular backups of the database at regular intervals. In the event of data loss, we will attempt to restore it from the most recent functional backup; however, we cannot guarantee that any lost user or data can be recovered or restored. Please note that we are not responsible for the loss or damage to information, equipment, or user data of “the Service.”

Under no circumstances will BotCommerce, its applications, products, services, staff, website, or components of “the Service” be liable for damages that may result from such interruptions or lack of availability of “the Service.”

PROPERTY RIGHTS

The Service contains confidential information and intellectual property rights, copyright, property rights, and related rights duly protected by the law. BotCommerce, its suppliers, applications, products, services, and website retain all rights, titles, and interests (including all copyrights, trade secrets, patents, and other rights) over the Service and the Content included in the Service (other than User Content).

If you provide feedback or suggestions about the Service or any of its components, such as recommendations for improvements or features, we have the right to use the feedback or recommendations in any way. Therefore, any feedback or suggestions regarding “the Service” are considered our sole and exclusive property, as well as their implementation, which may become part of “the Service,” in which case you waive any form of compensation, payment, or compensation in this regard.

We reserve all rights to the Service unless expressly stated otherwise.

We also reserve the right to make changes or updates to the Service or Content provided in or through the Service at any time without prior notice, and we will own such changes or updates (excluding User Content).

You are strictly prohibited from:

• Decompiling, reverse engineering, or disassembling any object code that is part of or available through the Service in a form perceptible by humans, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if we have been timely and fully notified of such authorization.
• Copying, framing, attaching, selling, distributing, transmitting, or broadcasting any part of the Service.
• Modifying or creating any derivative work from any part of the Service that is not duly authorized in these terms and conditions.
• Disabling, interfering with, or attempting to circumvent any of the security-related features of the Service, avoiding or restricting the use or copying of any Content, or enforcing limits on the use of the Service or Content.
• Using, exporting, or re-exporting any Content or any copy or adaptation of such Content in violation of applicable laws or regulations.

Using any type of User Content that violates intellectual property rights, industrial property rights, copyright, property rights, or related rights owned by them or owned by third parties.

All images, logos, and brand names, products, and services used in the Service that identify BotCommerce, our suppliers, or our customers and our products and services are our exclusive property, including BotCommerce trademarks or service marks, our suppliers, or our customers. It will be considered that nothing in this Service confers to any person any license or right by BotCommerce or said provider regarding such image, logo, or name, or regarding any industrial property, intellectual property, or copyright related to “the Service” or any of its components.

Links to Websites

Our Service may contain links to other websites that are not owned by us, and therefore, we do not control them. We are not responsible for any of these other third-party websites.

Neither we nor you are responsible for any aspect of these other third-party websites, including their content, privacy policies, or any other elements.

Therefore, you acknowledge and agree that you may be exposed to things on other websites that you do not like or find offensive. We are not responsible for this either. You are obligated to use your own judgment when visiting other third-party websites. You are also obligated to read the terms and conditions and privacy policies of these other third-party websites.

Links to Other Services

Some of our products and services are integrated and contain links to other services (“Linked Services”) from third parties.

This integration has been provided for the convenience of users, and as such, users access Linked Services from third parties at their own risk.

Linked Services are not under our control, and therefore, we are not responsible for the content of any Linked Service from third parties.

The existence or presence of a link to Linked Services in “the service” does not imply endorsement, sponsorship, or affiliation with the linked site or third party by us.

Therefore, you are aware and expressly agree that we are not responsible and will not have liability for any viruses or other malicious code resulting from accessing Linked Services from third parties.

At this point, you have full knowledge and therefore agree that the functionality of Linked Services depends on access and a license to use the content of such Linked Services. Therefore, you give your full consent for us to collect and use your user information strictly necessary to complement the functionality protocols of the links with Linked Services.

You expressly acknowledge and agree that you are simultaneously subject to the terms and policies of each Linked Service, which may specify rules and restrictions for posting certain content and the practices of Linked Services to use, store, and facilitate the exercise of certain rights regarding your personal information.

You expressly acknowledge and agree that you are solely responsible for reviewing, understanding, and accepting the terms of Linked Services and any liability arising from or in connection with the breach of such terms.

The terms of each Linked Service, which apply only to the extent a user links to or otherwise uses the Linked Service, can be accessed through the following links:

• Facebook
• Twitter
• Instagram
• LinkedIn
• Google My Business
• YouTube

With Linked Services for third-party integration, you may be required to verify your credentials in the future. It is your responsibility to track, update, and monitor your credentials.

You are obligated to read, understand, and accept the Privacy Policy of Linked Services regarding the modification of its security settings.

You expressly acknowledge and agree that Linked Services may add, remove, fork, and modify features of their third-party services (“Modifications”). Therefore, we are not and will not be responsible for disruptions to our services caused by Modifications to Linked Services.

Indemnification

You expressly acknowledge and agree to indemnify us (and our officers, employees, and agents), including costs and attorney’s fees, expenses, and litigation costs, for any claim or demand made by a third party due to or arising from:

(a) your use of the Service,

(b) your violation of these Terms,

(c) your violation of applicable laws or regulations, or

(d) your User Content.

At your expense, and even using your currently registered payment method, we reserve the right to assume the exclusive defense and control of any matter for which you must indemnify us, and you hereby agree to cooperate with our defense of such claims.

You expressly agree not to settle any matter involving us without our prior written consent.

In any case, we will make all reasonable efforts to notify you of any claim, action, or proceeding that may involve you once we have official knowledge of it.

DISCLAIMERS

The Service is provided “as is” and “as available,” and, to the extent permitted by applicable law, we do not offer warranties, compensations, refunds, or repairs of any kind, whether express or implied.

Also, under no circumstances do we offer any guarantee that the Service will meet your requirements, be available uninterrupted, timely, secure, or error-free, or be accurate, reliable, free of viruses or other harmful codes, complete, legal, or safe, given its inherent characteristics and composition.

LIMITATION OF LIABILITY

Under no circumstances will we be liable to you or any third party for any loss of profits, loss of data, costs of acquiring substitute products, or any indirect, special, or punitive damages arising out of or related to these Terms or your use or inability to use the Service, even if such damages were foreseeable.

Accessing and using the Service is at your own discretion and risk, and you are solely responsible for any damage to your device or computer system or loss of data resulting from it.

DURATION AND TERMINATION

These Terms come into effect when you accept them or download, install, access, or use the Service for the first time. They are also applicable from the moment you access and browse our website.

These Terms will remain in full force and effect as long as you use the Service or browse our website.

We reserve the right to suspend or terminate your rights to use the Service (including your Account) at any time and for any reason at our sole discretion on reasonable grounds, including any use of the Service that violates these Terms.

You agree that you are aware and understand that any cancellation of your Account may involve the deletion of your User Content associated with your Account from our active databases.

We have no liability to you or any third party for the termination of your rights under these Terms, including the termination of your Account or the deletion of your User Content. You also expressly understand and agree that we may continue to make your User Content available on the Service even if your use of the Service is canceled or suspended.

When you decide that we should not continue together for any reason and cancel the service, your account, or user profile, the following will immediately occur:

(a) your license rights will terminate, and you must immediately cease all use of the Service;

(b) you will no longer be authorized to access your account or the Service; and

(c) you must pay BotCommerce any amounts owed before termination.

We reserve the right to modify or discontinue the Service at any time (including limiting or discontinuing certain features of the Service), temporarily or permanently, without prior notice. BotCommerce will not be liable for any change in the Service or for any suspension or termination of your access to or use of the Service.

Service fees and offers are non-refundable, and no compensation, indemnification, or service replacement will be provided according to these terms and conditions.

CHANGES

These Terms are subject to revisions and changes without prior notice. Any change or update to these terms and conditions will be notified and made readily available by being posted on our website, and they become binding with immediate effect from that moment.

RESELLER PROGRAM

If you acquire our product or service, which includes a Reseller Program, you are obligated to use only applications or any kind of tool or software that you have acquired legally and have the licenses or authorizations required by law from their rightful owners.

We are not and will not be responsible if you use applications, tools, or software for which you do not have the required authorization or license according to the law. In this case, you are solely responsible for any damages and losses caused to us or third parties due to the violation of this section.

APPLICABLE LAW AND JURISDICTION

The terms, conditions, products, and services we offer, as well as any contractual or non-contractual relationship derived from them, are governed and interpreted in accordance with the laws of the United Mexican States (Mexico).

You acknowledge and agree that the sole valid and applicable jurisdiction is that of the courts located in Guadalajara, Jalisco, Mexico, to resolve any dispute or claim arising out of or related to the subject matter or formation (including non-contractual disputes or claims) of these Terms, as well as “the service” or any of its components, and our products or services.

CONSENT FOR ELECTRONIC COMMUNICATION

You agree and consent that communications between you and us will be conducted through electronic means, such as emails or messaging through platforms or applications, in accordance with the current contact information you provide when creating your account or user profile.

For contractual purposes, you expressly:

(a) agree to receive communications in electronic format; and

(b) acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications would meet if they were in writing on paper, and they will be deemed to be personally and directly delivered.

Openpay

The user can optionally choose to pay using the Openpay payment gateway.