Acceptance of Terms. These Terms of Service (“Terms”) are a binding legal agreement between you and Bot Home, Inc., a company incorporated under the laws of Delaware with a registered office at 45 Myopia Road, Quincy Massachusetts (“Bot Home,” “we,” “us” and “our”). The Terms govern your use of our software applications, resources, and services. The Terms govern all use of the Bot Home services, whether you access it from our website (or any localized version) (the “Site”), our mobile applications and mobile websites, our Facebook application, our online or phone support offerings, or any other access point we provide to you.  BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE BOT HOME SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE BOT HOME SERVICE.  

Scope of Services. Bot Home is a software as a service provider that delivers a smart scheduling solution to enterprise clients. Our product sits between the customer's robotic process automation (RPA) platform and their internal IT infrastructure to enhance and automate the customer's capability to deploy bots, manage bot assets, and monitor bot-related software maintenance activities. (“Services”). You only may use the Services for which you have subscribed and paid, and your use of the Services is subject to your compliance with these Terms of Service. We reserve the right to modify the Services (or any part) occasionally, and we are not liable to you or any third-party for any modification of the Services.  

Modification of These Terms of Service. We constantly work to improve our Services and develop new features to make our Services better for our customers. As a result, we may need to change these Terms of Service occasionally to reflect our Services and practices accurately. If we do, those revised Terms of Service will supersede prior versions. Unless we say otherwise, changes will be effective upon the “Last Updated” date at the top of this page. We agree that changes cannot be retroactive. We will provide you advance notice of any material changes to these Terms of Service. For any other changes, we will publish the revised Terms of Service and update the “Last Updated” date above. We hope you will continue to use our Services, but if any changes materially affect you or your business and you object to any changes, you may terminate your subscription to the Services according to the terms. Your continued use of the Services constitutes your acceptance of any revisions. 

Customer Support. We will use commercially reasonable efforts to provide technical support services to you and your authorized users of the Services.  

Your Rights and Restrictions.  Authorization to Use the Services. Subject to (i) your timely payment of all fees and (ii) your compliance with these Terms of Service, we authorize you, on a non-exclusive, non-transferable, and limited basis, to use (and permit your authorized users to use) the Services to which you have subscribed solely for your internal business purposes. ​

Authorized Users. You (i) are responsible for your authorized users’ compliance with these Terms of Service, and (ii) will use commercially reasonable efforts to prevent unauthorized access to or use of the Services. If the authorized status of a user changes, it is your responsibility to remove the user’s access to the Services promptly. Third parties that compete directly with us may not access or use the Services or any application programming interface we may provide to you. We reserve the right to disable or delete access to the Services and any application programming interface for any of your authorized users we deem direct competitors, as determined in our sole discretion. 

Your Responsibilities; Use of the Services In Compliance With Laws. The Services contain various tools and workflows that assist you in the conduct of your business. You are solely responsible for ensuring compliance with all laws and regulations. You are responsible for all activities that occur under your account or by your authorized users. Without limiting the foregoing, you will (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you submit to the Services; (ii) use commercially reasonable efforts to prevent unauthorized control or tampering or any other unauthorized access to, or use of, the Services and notify us immediately of any unauthorized use or security breach; (iii) comply with all local, state, federal, and foreign laws (including laws regarding privacy and protection of personal or consumer information) in using the Services; and (iv) obtain and maintain all computer hardware, software and communications equipment needed to access the Services and pay all access charges incurred by you in connection with your use of the Services. 

Your Restrictions. You may not, and you will ensure your authorized users do not, (i) disassemble, reverse engineer, decompile or otherwise attempt to decipher any code in connection with the Services, or modify, adapt, create derivate works based upon, or translate the Services; (ii) license, sublicense, sell, rent, assign, distribute, time share transfer, lease, loan, resell for profit, distribute, or otherwise commercially exploit, grant rights in or make the Services or any content offered available to any third-party; (iii) use the Services except as authorized under these Terms of Service or in violation of any laws; (iv) engage in any illegal or deceptive trade practices regarding the Services; (v) circumvent or disable any security or other technical features or measures of the Services or any other aspect of the software or, in any manner, attempt to gain unauthorized access to the Services or its related computer systems or networks; (vi) use the Services to transmit infringing, libelous, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, or to store or transmit material in violation of third-party privacy rights; (vii) use the Services to store or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs or to send spam or otherwise duplicative or unsolicited messages in violation of laws; (viii) interfere with or disrupt the integrity or performance of the Services or third-party data contained; (ix) use any robot, spider, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services; or (x) reformat or frame any portion of the Services.  Although we have no obligation to monitor your use of the Services, we may do so at our discretion and may prohibit any use of the Services we believe may be (or is alleged to be) in violation of these Terms of Service or applicable laws and regulations.  Our enforcement of these Terms regarding the content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them.  We have no obligation to retain or provide you with copies of the content, nor do we have any liability for any deletion, disclosure, loss, or modification to your account.   

​Reservation of Rights. No other rights are granted except as stated in these Terms of Service, and nothing conveys any rights or ownership or license in, or to, the Services or any underlying software or intellectual property. We own all right, title and interest, including all intellectual property rights, in and to the Services and the underlying software, and any updates, upgrades, modifications, enhancements, improvements or derivative works thereof, and in any idea, know-how, and/or program(s) developed by us or our authorized users during the performance of the Services. 

​Intellectual Property.  The content on the website is owned by or licensed to Bot Home, subject to copyright, trademark, and other intellectual property rights. It is provided to you for informational use only.  It may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of Bot Home.  Bot Home respects the intellectual property rights of others. If you believe that your work has been infringed, please submit a notice including a description of the work infringed, a description enough to locate the material on the Bot Home website, contact information (including email address), and signature by the copyright owner. Notices may be sent through the website. 

Term.  The Terms will be agreed to in the online sign-up, and the Subscription will automatically renew for one-month terms, unless you cancel the Subscription.  After the free trial period ends, the first payment is prorated for the number of days left in the month, and all billing is done on the first of each month. 

​Termination. Either Party may terminate the Services (i) if the other Party breaches any of its obligations under these Terms of Service and the breach is not cured within thirty (30) days of receipt of notice from the non-breaching Party, or (ii) if the other Party becomes insolvent or bankrupt, liquidated or is dissolved, or ceases substantially all of its business. Notwithstanding the foregoing, we may terminate your subscription to the Services immediately if you breach these Terms, as determined by us in our sole discretion. Neither Party will be liable for any damages resulting from a valid termination of any subscription(s) to Services; provided, however, that termination will affect no prior claim. 

​Handling of Your Data in the Event of Termination.  Following cancellation or termination of any of the Services, you will have access only until the end of the duration already paid for. After that, you can only access your profile and the Subscription dashboard. Full access is only regained after you renew. However, if the Services are terminated by us, we will attempt to provide limited access to permit you to retrieve your data, provided that you have paid all amounts owed to us. You agree that we will not be liable to you or any third-party for any termination of your access to the Services or deletion of your data. 

​Fees.  You will pay certain non-refundable fees for the Services in the amount in the online sign-up (the “Subscription Fees”), and according to the billing frequency stated. Subscription Fees are charged on a prepaid basis. Subscription Fees are charged on a per authorized user basis. We may increase Subscription Fees by providing you with no less than thirty (30) days advance notice.  The Subscription Fees will only be increased during renewal of your subscription to the Service. Subscription Fees are non-refundable even if you terminate your subscription early. 

​Billing. All subscriptions to the Service come with an initial free trial period, and you must provide valid credit/debit card information (“Card Details”) to Authorize (www.authorize.net) within the free trial period. At the end of your free trial, and you have not cancelled your subscription, you will be billed monthly. There are no refunds or credits for (i) users with their authorization revoked from your account or (ii) unused time with an open account. To treat all of our customers equally, no exceptions will be made. For any changes to your plan your credit/debit card will be charged the new rate on your next billing cycle. Additional charges or increased fees may apply going forward for customers with an exceptionally high number of authorized users, an unusually high monthly ticket rate per agent, or extraordinary usage of bandwidth, in which case we will notify you in advance to provide you with a reasonable opportunity to modify your use of the Service or terminate your subscription to avoid any additional charges or increased fees.  

​Additional Fees. You may incur certain other non-refundable fees or charges for your use of the Services, including certain value-added services, besides those fees in the online sign-up (the “Additional Fees”). Any Additional Fees will be in the additional online sign-up for the service. 

​Late Payments. You acknowledge that your failure to pay any Subscription Fees or Additional Fees when due may cause suspension or termination of your subscription to the Service. If you fail to pay any of the fees or charges due, we reserve the right to, among other things, engage an attorney or a collections agency to collect the delinquent fees and charges. You agree to pay all fees and costs incurred by Bot Home with the collection of the delinquent amounts, including without limitation, any court and related costs, attorneys’ and/or collections agencies’ fees plus interest equal to the lesser of 1.0% per month or the maximum rate permitted by law. 

​Taxes. Bot Home uses a third-party tax service to calculate sales tax .  However, you are ultimately responsible for all sales tax, use tax, value-added taxes, withholding taxes, and any other similar taxes and charge of any kind imposed by federal, state, or local governmental entity on the transactions contemplated by these Terms of Service. When we have the legal obligation to pay or collect taxes for which you are responsible under this Section, the appropriate amount will be paid by you unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. 

​Representations and Warranties. You represent and warrant that (i) you have all necessary authority to enter into and perform your obligations under these Terms of Service without the consent of any third-party or breach of any contract or agreement with any third-party; and (ii) you will use the Services only for lawful purposes under these Terms of Service, and any applicable policies and guidelines provided to you. 

​Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, AS TO ANY MATTER, INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE OR THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT THE USE OF THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SOFTWARE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND YOUR USE OF SOFTWARE AND SERVICES IS AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, COMPLIANCE WITH ANY LAWS, RULES OR REGULATIONS. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THE DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS, RULES OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO ANY FEDERAL OR STATE STATUTES OR REGULATIONS THAT MAY BE APPLICABLE TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.  IF YOU ARE DISSATISFIED WITH THE SERVICES OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES. 

​Confidential Information. Neither Party will disclose to any third party any information or materials provided by the other Party and reasonably understood to be confidential (“Confidential Information”) without the other Party’s prior written consent, except as otherwise permitted under these Terms of Service; provided, however, Bot Home or its affiliates may use and disclose your Confidential Information as necessary to provide the Services. The preceding restrictions do not apply to (i) any information in the public domain or already in the receiving Party’s possession, (ii) was known to the receiving Party before the date of disclosure, (iii) becomes known to the receiving Party thereafter from a third-party having an apparent bona fide right to disclose the information, or (iv) Confidential Information that the receiving Party must produce under a court order or a valid administrative subpoena, providing receiving Party provides disclosing Party of timely notice of the court order or subpoena.  You agree to ensure that your authorized users keep all passwords and other access information to the Services in strict confidence.  This Section will survive termination or expiration of your subscription to the Services. 

​Indemnification.  The Client will indemnify Bot Home against all claims and expenses, including reasonable attorney's fees, due to Client's uses for which no release was requested in writing from Bot Home or for Client's uses which exceed authority granted by a release by Bot Home.  Client further agrees to defend, indemnify, and hold harmless Bot Home, its officers, directors, shareholders, employees, affiliates, and agents, against any claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of these Terms; (2) your violation of any third-party right, including any copyright, access rights, property, or privacy right, resulting from your website or content, or your use of the Bot Home Services, including, without limitation, Bot Home Services’ actions for your benefit; (3) any other claim that your website or content caused damage to a third party; or (4) any issue Bot Home was not aware of.  You agree that regardless of any third-party services that may be offered to you, Bot Home merely acts as an intermediary between you and the third-party and does not endorse the services or will be responsible or liable about that. Bot Home will not be a party to or monitor any interaction or transaction between you and any third-party services.  Any use of third-party services is solely at your own risk and responsibility and may be subject to the legal and financial terms that govern the services. 

​Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, BOT HOME, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, OR AGENTS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES RESULTING FROM (1) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE BOT HOME SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BOT HOME SERVICES; (5) THE USE OR DISPLAY OF ANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE PROVIDED VIA THE BOT HOME SERVICES; (6) EVENTS BEYOND THE REASONABLE CONTROL OF BOT HOME, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES; AND/OR (7) LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE ANY OF BOT HOME SERVICES.  YOU ACKNOWLEDGE THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR BOT HOME’S SERVICES TO YOU, AND THE LIMITATIONS WILL APPLY EVEN IF BOT HOME HAS BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITIES. 

​Release.  Our liability for any claims, injuries, loss, harm and/or damages related to your interactions or dealings with other users and the acts and/or omissions, whether online or offline, is limited to the amounts and obligations in these terms. You acknowledge that, except to the extent we have liability under any guarantee, your use of this site is at your sole and exclusive risk. 

​Data Protection. You will comply with all privacy, data protection, anti-spam, and other laws, rules, regulations, and guidelines relating to protection, collection, use, and distribution of Personally Identifiable Information (as defined below) of any person. If required by data protection legislation or other law or regulation, you will inform third parties you are providing their Personally Identifiable Information to us for processing and will ensure that any required third parties have given their consent to the disclosure and processing. “Personally Identifiable Information” means any information that can be associated with or traced to any individual, including an individual’s name, address, telephone number, e-mail address, credit card information, social security number or other similar specific factual information, regardless of the media on which the information is stored (e.g., on paper or electronically). 

​Independent Parties. No joint venture, partnership, agency, or employment relationship exists between you and Bot Home. You are solely responsible for managing your employees and for any compensation, taxes, benefits, and liabilities to your employees and any of your other representatives or service providers. 

​Force Majeure:  If either Party cannot carry out, either in whole or in part, its obligations, the Party will not be deemed in default during the continuation of the inability, provided that: (i) It is due to an event not within the reasonable control of a Party which precludes them from carrying out its obligations under this Agreement, including, but not limited to: Acts of God, acts of nature, natural disasters, epidemics, quarantines, public health emergencies, product shortages, transportation shortages, strikes, lock-outs, industrial disturbances, acts of public enemies, insurrections, military action, war, sabotage, riots, civil disturbances, explosions, acts by a governmental authority; (ii) The non-performing Party provides written notice describing the particulars of the occurrence and the anticipated period of delay; (iii) The suspension of performance is of no greater scope and no longer duration than is reasonably required; (iv) The non-performing Party will use commercially reasonable efforts to remedy the cause preventing it from carrying out its obligations, and it may not assert Force Majeure to excuse it from performing where it was reasonably within their power to prevent the act; (v) If an event continues over 30 days, either Party may terminate this Agreement; (vi) Economic hardship will not constitute a Force Majeure event. 

​Applicable Law. These Terms of Service and any dispute arising out of or relating to the Services and/or these Terms of Service will be interpreted under the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law provisions. All disputes arising out of or related to these Terms of Service will be subject to the exclusive jurisdiction and venue of the Massachusetts state and federal courts (unless we agree to some other location). 

​Severability. If any provision of these Terms of Service is deemed invalid, then that provision will be limited or eliminated by the court to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect. 

​Entire Agreement. These Terms of Service and (i) the terms you agree to during the online sign-up, (ii) the Bot Home payment terms, (iii) the Copyright Policy, and (iv) any other policies applicable to your use of the Services we provide to you (each of which is incorporated by reference into these Terms of Service) constitute the sole and entire agreement between the Parties and supersede all prior and contemporaneous oral or written understandings or agreements with Bot Home regarding the Services. You acknowledge and agree that your agreement to these Terms of Service is not contingent upon the delivery of any future functionality or features not specified herein or in an online sign-up or dependent upon any oral or written, public or private comments made by us regarding future functionality or features for the Services. If any conflict arises between the provisions in these Terms of Service and any online sign-up (or addendums), the terms of the online sign-up (or addendums) will prevail. 

​Third-Party Services. The Services or our website may contain links to other sites, services, and products provided by third parties, which may include our affiliates or subsidiaries. The links are provided for your convenience only. We have no control over the sites, services, and products and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access the third-party websites or services found within the Services, you do so entirely at your own risk and subject to the terms of use for the websites or services. 

Your Account History. When a payment is made to your Account, we will update your Account activity on the Services and provide you a transaction confirmation. The confirmation will serve as your receipt. Summaries of your account activity are available through the Services. Except as required by law, you are solely responsible for (i) compiling and retaining permanent records of all transactions and other data associated with your Account and your use of the Service, and (ii) reconciling all transactional information associated with your Account. If you believe there is an error or unauthorized transaction activity is associated with your Account, you agree to contact us immediately. 

​Customer Service. You are solely responsible for all customer service issues relating to your services, including pricing, order fulfillment, order cancellation by you or customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback about experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us.