Legal Agreement

Terms of Service

Welcome to Bot Buster, a service that provides captcha and associated SaaS technologies to protect against bots and other fraud. The application, website and services described herein (collectively the “Service”) are provided by Bot Buster LLC, a Delaware Limited Liability Company.

These Terms of Service (“TOS”) are a legally binding agreement made between you ("you," "your," or "yourself") and Bot Buster LLC ("Bot Buster”, "we," "us" or "our"), that sets forth the applicable terms and conditions governing the use of our Service. Please review this carefully. By creating a Service account with us, you also accept and agree to be subject to and abide by our Privacy Policy, which is incorporated herein by reference.

Our Privacy Policy governs how we gather and use your personal information. Please read our TOS and the Privacy Policy carefully. By using or accessing the Site and Services, you agree to be legally bound by the TOS and Privacy Policy. If you're unwilling to be bound by our TOS and Privacy Policy, please do not use or access the Services.

We may choose to update these TOS at any time by posting an update to this site (“Site”). We encourage you to review these TOS periodically, as your continued use of the Service will mean you accept those changes, whether you have read them or not. In addition, we shall both be subject to any posted guidelines or rules applicable to the Service, which may be posted from time to time.

All contact with us should be made via email to tos@botbuster.io in reference to any questions or comments concerning these TOS or Privacy Policy.

I. OUR SERVICES

Summary of Our Services. The Services provided prevent, monitor and identify software(“robots”) and other fraud from maliciously, illegally or inappropriately taking actions on websites including compromising user accounts.

How it Works.

Captcha Solver

A captcha solver (“Solver”) will be asked to solve a captcha on a website for common actions like form submissions and account logins. This is a patent pending form of captcha which uses mouse swipes to solve the test in less than 3 seconds. The Solver can at any time login to the Bot Buster platform to see every captcha test they have completed associated with their email. Solvers will also see any identified fraud which was blocked using their credentials. They can block fraudulent captcha submissions or report fraud of previous successful captcha submissions having this information sent directly to those managing the website. Solvers can also customize the security of captchas they must solve as well as choose standard or premium skins.

Website Owner

A website owner (“Client”) can place captcha tests on their website to block bots and prevent fraud. These completed tests and blocked bots are then analyzed and visualized on various dashboards to understand activity. Clients can identify and manage fraud found by them or by Solvers. The platform also allows for default custom settings for specific captchas depending on the website location.

Intended Purpose of the Site and Services. The Services are intended to protect, monitor and identify fraud on websites and give both Solvers and Clients visibility and control of their captcha usage and security.

Application License. We grant to you a limited, non-exclusive, non-transferable license to use the application solely for your own personal use and not for resale, further distribution, or to render any commercial services. You are not allowed to transfer, assign, sub-license, sell, lease, rent or otherwise distribute the application or any part of it. In no event shall your use include any attempts to copy, reproduce, change, reverse-engineer, de-compile, disassemble, translate, make derivative works, enhancements, extensions or add-ons, modify, adapt or otherwise alter any portion of the application. Any attempt to do so is a violation of our rights of and those of our licensors. If you breach this restriction, you may be subject to prosecution and damages. These terms will govern any upgrades provided by us that may replace and/or supplement the application, unless such upgrades are accompanied by a separate license in which case the terms of that license will govern.

Your license does not grant you any ownership interest in the Service or any exclusive rights to their use, and these TOS do not grant you any claims to patents, trade secrets, trademarks or other rights pertaining to the Service. You agree and acknowledge that the Service represents the proprietary, confidential, and trade secrets of Bot Buster and that you will undertake all necessary steps and efforts to prevent unlawful or illegal distribution of such proprietary, confidential and trade secret information.

Any third party software provided as part of the Service will be licensed to you on the terms of this Section unless a separate license agreement is provided to you in which event the separate license agreement will apply to your use of the specific third party component.

II. REQUIREMENTS FOR YOU TO USE THE SERVICES

Use the Site and Services only for the Intended Purpose. As used herein, “Intended Purpose” means to protect yourself as a Solver or your business as a Client from fraud, monitor captcha activity and have fun with captcha skins. As one of the conditions of your use of the Site and Services, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site or Services for anything other than the Intended Purpose, or for any purpose or in any manner that is prohibited by our TOS or by applicable law. It is your responsibility to ensure that your use of the Site and Services complies with our TOS.

Comply with laws in your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data exported from the United States or the country in which you reside. As used herein, “Content” means all content, materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site and Services.

Note: For India end-users, computer software purchased from foreign non-resident suppliers is not subject to tax deductible at source (TDS) deductions.

Prior prohibited Solvers and Clients are not allowed. The Site and Services may not be used by anyone we previously prohibited from using the Site or Services.

Acceptable Use of the Site and Services. You agree that you will NOT:

Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
Post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Site or Services.
Transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other Content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site or Services.
Use automated means, including spiders, robots, crawlers, or the like to download data.
Sell, distribute, or make any commercial use of data obtained from the Services or any of our databases or make any other use of data from the Site or Services or any of our databases in a manner which could be expected to offend the person for whom the data is relevant.
Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site or Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
Interfere with or disrupt the Site, Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services.
Intentionally or unintentionally violate any applicable local, state, national or international law.
Upload, post, email, otherwise transmit, or post links to any material that is false or misleading.
Act in a manner which may compromise performance of the Software.
Copy the Service software, in any manner, by any means and in any shape.
Try to access the account of a third party.
Grant access of your account to a third party.
Disobey any of our employees or representatives, or interfere with any action by any of our employees or representatives to redress any violation of these TOS.
Use any software deployed in connection with the Site or Services to process data as a service to other entities without the express written consent of the party from whom such software may be licensed.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sub-license any work, including but not limited to software, deployed in connection with the Site or Services.
Express or imply that any statements you make are endorsed by us, without our specific prior written consent.
Download lists of other Solvers or Clients and use their information for your own business reasons.
Download or store data of other Solvers from the captcha’s statistics tab.
"Frame" or "mirror" any part of the Service, or use meta tags or code or other devices containing any reference to us or the Service in order to direct any person to any other websites for any purpose.
Modify, adapt, sub-license, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user
Submit stories or comments linking to affiliate programs, multi-level marketing schemes, or websites/blogs repurposing existing stories (source hops).
Advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Service to contact, advertise to, solicit, or sell to any user without the user’s prior explicit consent.

We reserve the right, but are not obligated to, investigate and terminate your participation in the Service if you have misused the Service, or violated any of the restrictions above.

Audit Rights. You agree that we may audit your use of the Service for compliance with these TOS at any time. In the event that such audit reveals any use of the Service by you other than in full compliance with these TOS, we shall have the right to immediately cancel your account, and you shall reimburse us for all reasonable expenses related to such audit in addition to any other liabilities to which you may be subject as a result of such non-compliance. You acknowledge that we shall have the right to enforce the provisions of these TOS directly against you and our remedies for any breaches may include, without limitation, damages or injunctive or other equitable remedies.

3rd Party Services. Bot Buster is not responsible for the Content, the exactitude, the offensive character, the opinions, the reliability, the privacy practices and other practices of third-party websites or their Content. Solver and Client access to third party websites or use of third-party Content is at their own risk. Bot Buster will not be held liable for any damage, direct or indirect, which may be caused by third party websites.

Links to third party websites are not endorsements or referrals of any products, services or information contained in such websites. Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly disclaim any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned in or on the Service. Mention of these products, manufacturers or service providers does not constitute an endorsement by us. We shall have the right, at our sole discretion, to remove links and images attached to such links, if such links are flagged by Solvers or Clients as offensive.

PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

Removing Content and Solvers/Clients. You acknowledge and agree that we may terminate your access to the Site or Services, or any portion thereof, for violating these TOS. We may also terminate your access to the Services, or any portion thereof, in the event that our agreement with the owner of the master account is terminated or cancelled. To be clear, your access to the Services, and therefore your access to the Content, may be terminated or blocked at any time if you violate these TOS or if our agreement with the owner of the master account is terminated or cancelled.

Domain Ownership. The Website Owner warrants that it owns all rights on the Domains where the captcha is deployed, and that it is allowed to deploy it. Bot Buster will not be liable if the Website Owner deploys our Service on a Domain without having the proper rights or authorization.

III. ACCOUNTS

Registration. You may browse our Site and view our Content without registering, but as a condition to using the Service, you are required to create an account by registering with us directly. In that registration process for Solvers, you will not need to input any personal information. Your username will be your email address and you will be required to create a password. Entering your phone number for additional security settings is optional. As a Solver your personal identity is not stored within our systems. Your email address is only used for secure access to the platform and for added captcha security. Client users will be created by an administrator. Client user accounts are required to have a first name, last name, email address, password, and optional phone number. Clients are required once upon initial registration to enter specific details regarding their business such as address, industry and company size. This information is used internally by Bot Buster and never shared with partners or publicly. All Solvers and Client users must be at least 18 years of age.

As part of the functionality of the Service, you may be able to register through online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: providing your Third Party Account login information through the Service, or allowing us to access your Third Party Account as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. By granting us access to any Third Party Accounts, you understand and agree that we may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (the “Third Party Content”) so that it is available on and through the Service via your account and we may submit and receive additional information to and from your Third Party Account as indicated herein. Unless otherwise specified in these TOS, all Third Party Content shall be considered to be your Content for purposes of these TOS. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personal information (as defined in the Privacy Policy) that you post to your Third Party Accounts may be available on and through the Service.

Authorization and Managers. If you are a client, you need to open an administrator account. There is no administrator account for Solvers. An administrator account user represents and warrants that (a) you have the authority to enter into these TOS and bind the owner of the Client administrator account to these TOS, (b) you accept these TOS, and (c) you shall designate a Manager (who may be you) to oversee the master account and grant additional users access the Services.

If you are the Manager, you represent and warrant that you shall be responsible for (a) the conduct of all Client users of the Services whom you have authorized to use the Services, (b) for managing permissions for said users, and (c) for managing the administrator account as set forth in these TOS.

If you are a Client or Solver, (a) you have the authority to enter into these TOS and bind your account to these TOS, and (b) you accept these TOS.

Using Another User's Account. Each individual Solver or Client user of the Services must set up an individual account. You may never use another's account, or a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization. You may not allow others to access or use the Services with your unique username, password, or other security code. You agree to notify us immediately of any breach of security or unauthorized use of your account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your account.

Changes to Your Account Information. You represent and warrant that all information you submit to us is truthful and accurate and that you will maintain the accuracy of such information. If any information changes, you must update your account immediately with the current information. Failure to provide and maintain truthful and accurate information constitutes a breach of these TOS, which may result in immediate termination of your account.

Responsibility for Your Account. You are solely responsible for the activity that occurs on your account. You shall keep your account password secure, and take appropriate measures to safeguard the security of your account and electronic device(s).

Assumption of Ownership. Bot Buster may presume in good faith that all instructions or queries received by the Solver or Client originate from a person authorized to bind the Solver or Client.

Account Removal. Bot Buster may, at any moment, close the Account or suspend your access to the Software Solution, without notification, in case of non-compliance with the TOS, and the Client and Solver will not be able to request any compensation.

IV. USER/COMPANY PROFILING

Clients are required to fill out a profile before they may use the Services. This information is only used internally to better understand our customers and is held securely.

V. USER CREATED CONTENT

We allow you to upload Content on the Service. Please read this section carefully before posting, uploading, or otherwise making available any Content on the Service.

You may be able to share your Content with other Solvers or Clients via the Service. It must be emphasized that we cannot prevent other Solvers or Clients from taking screen shots or captures or from downloading your Content and subsequently making your Content publicly available. We and other Solvers or Clients may retain and continue to use, host, display, store, cache, reproduce, publish, transmit, modify, re-format, re-arrange, distribute, and create derivative works of any of your Content that you have posted to the Service. If the potential for public dissemination of your Content concerns you, please do not share that Content. Please note that recipients of Content are not allowed to download or maintain a copy of such shared Content.

You, and not us, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, Intellectual Property Rights infringement claims regarding such Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.

We have the right, but not the obligation, to review any of your Content for any purpose, including but not limited to, for accuracy, legality or non-infringement. You warrant and represent to us that you have the right to enable the Service to use your Content without violating any rights you might have in such Content or any third party rights in such Content. You may remove your Content from the Service at any time; however, you acknowledge that we may retain archived copies of your Content.

Solvers or Clients of the Service may post copyrighted information which has copyright protection whether or not it is identified as copyrighted. We reserve the right, but have no obligation, to monitor such Content, and, as such, we do not control or guarantee the accuracy, integrity or quality of user Content. You acknowledge that by using the Service, you may be exposed to user Content that is offensive, indecent or objectionable.

By making your Content available to our Service, you are granting us a non-exclusive, royalty-free, worldwide license to use, host, display, store, cache, transmit, modify, re-format, re-arrange, and adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Service is available), and create derivative works of your Content; provided, however that we will never publish or make public any Client or Solver data. In addition, Clients are prohibited from making Solver data to which they have access publicly available.

The rights you grant to us are for the limited purpose of operating and providing the Service, improving the Service, and allowing us to develop new services. The reference in this license to "derivative works" is not intended to give us a right to make substantive changes or derivations to your Content, but does enable other users to redistribute your Content by means of their own accounts in a manner that allows users to, for example, add captions, text, commentary, filters, photo-editing, or other Content in connection with your Content.

Opinions, advice, statements, offers, or other information or Content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service. We also do not adopt or endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on the Service, or transmitted to Solvers or Clients.

Downloading and Risk of Loss; Availability of Digital Content. You bear all risk for any reports/files you have downloaded or saved through the Services, including any loss due to a computer or hard drive crash.

No Liability for Content of Others. By using the Services, you agree that you shall not hold us liable for the Content of others.

Confidentiality. You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to our business, operations and properties (“Confidential Information”) disclosed to you for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of our company in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to us with regard to any disclosure of Confidential Information which you can prove: (a) was in the public domain at the time it was disclosed by us or has entered the public domain through no fault of yours; (b) was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; (c) is disclosed with our prior written approval; (d) becomes known to you, without restriction, from a source other than us without breach of these TOS by you and otherwise not in violation of our rights; or (e) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to us to enable us to seek a protective order or otherwise prevent or restrict such disclosure.

VI. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property. Our Site and Services, including but not limited to text, logos, graphics, images, buttons, icons, software and the overall "look" and "feel" of our platform, Site and Services, are the sole property of Bot Buster and are Bot Buster’s protected patents, copyrights, trademarks, and service marks (the “Bot Buster IP”). Unauthorized use of the Bot Buster IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the Bot Buster IP unless you have Bot Buster’s express, prior written consent.

All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners. You may not remove or alter any trademark, trade names, service mark, product names, logo, copyright or other proprietary notices, legends, symbols or labels featured on the Service. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to us are non-confidential and shall become our sole property. We shall own the exclusive rights, including all Intellectual Property Rights, in these Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third Party Intellectual Property. We use several third parties to make certain features of the Site and Services available to you. You agree to be bound by these third party licenses of software or content, and you further agree to abide by the TOS and privacy policies of any such third party software or content.

VII. MONITORING, SCALABILITY, HIGH AVAILABILITY, SECURITY AND PAYMENT

Monitoring. You acknowledge and agree that we have the right, but not the obligation, to monitor the Services electronically from time to time and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate the Site and Services properly. We also monitor our servers and systems for critical failures and we fix any issues as they happen.

Scalability & High Availability. We designed our software system to scale automatically as increases in usage arise. We have also designed our systems to be highly available in case of system or server failure.

Security. While we take the security of our Site and Services very seriously, we cannot ensure or guarantee the security of the Site or Services. Any such use shall be at your sole risk, and we and our affiliates and related companies shall be relieved of all liability in connection therewith.

Bot Buster ensures to implement, maintain, and conform to current industry practices:

onsite access controls which allow access only to authorized persons or those accompanied by authorized persons
password and confidentiality management procedures
anti-virus protection
vulnerability scanning
WAF
data encryption
Bot Buster fraud protection ;)

Bot Buster agrees to notify the Client within 30 days of any breach of the physical or logical security of the Software Solution and/or data taking all remediation measures necessary, and to keep the Client informed.

Payment. There is no charge to use the Service as a Solver but Solvers can choose premium paid yearly Service subscriptions with additional functionality. Clients will require a Service subscription to use the Service. For all Service subscriptions, we accept online payment via credit card and debit card. All credit card payments are handled by our service provider Stripe. All payments sent electronically are securely transmitted. We accept American Express, MasterCard, Visa cards and debit cards. If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment information provided, we reserve the right to suspend or revoke access to your account. We may add new fees and charges from time to time. If you want to use a different payment card or if there is a change in payment card validity or expiration date, you may edit your information by accessing your account page. If your payment card reaches its expiration date, you will have 14 days to input a valid card or your subscription will be suspended. We will send out an email alerting you of a failed transaction as soon as the card was denied. It is your responsibility to keep your contact information and payment information current and updated.

Charges are processed immediately during checkout in accordance with the details displayed to you during the checkout process. All of our Subscriptions renew automatically at the end of their term. Once you sign up for a Subscription, your Subscriptions will be automatically renewed and your payment card will be charged at the end of your term. Your Subscription will be renewed based on our pricing structure. Solver subscriptions last 1 year. Client subscriptions fall into different customer tiers based solely on the number of captcha submissions in a month. Depending on the customer tier, subscriptions will last either 1 year or 1 month. You can cancel a subscription anytime, but the service will only discontinue once it reaches the renewal date. The renewal of Subscriptions takes place according to the TOS in place on the date of the renewal. If a renewal charge is unsuccessful, we may retry charges to your payment card for up to fourteen (14) days.

We utilize a designated third-party payment platform Stripe to process payment card transactions for your Subscription. You are responsible for all transactions processed through the Service. We are not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.

If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment information provided, we reserve the right to suspend or revoke access to your account.We may change the fees and charges in effect, or add new fees and charges from time to time. If you want to use a different payment mechanism or if there is a change in payment card validity or expiration date, you may edit your information by accessing your billing page. It is your responsibility to keep your contact information and payment information current and updated.

All Subscription pricing is subject to change without prior notice. We reserve the right to adjust the price of our Service at any time in our sole discretion.

VIII. INDEMNIFICATION, LIMITATIONS OF LIABILITY AND WARRANTIES.

Indemnification. By using the Site and/or Services, you agree to defend, indemnify and hold harmless us, Bot Buster, and our officers, directors, employees, agents and attorneys (collectively defined as “the Providing Parties”) from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) the violation of any statute, ordinance or regulation by you or any of your employees, agents, contractors or subcontractors; (ii) your breach of these TOS, including breach of any representations or warranties in these TOS, (iii) infringement of another’s intellectual property rights, and (iv) your conduct while using the Services.

Release and Limitations of Liability. You agree to release the Providing Parties from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these TOS, the Content, your use of the Site, and/or your use of the Services.

IN NO EVENT SHALL THE PROVIDING PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE, SERVICES AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROVIDING PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES.

Warranties. By entering into these TOS, you acknowledge and agree that we make no warranties of any kind relating to the Site, Services or any data or content available through the Site or Services, including but not limited to the Content.

THE PROVIDING PARTIES DO NOT WARRANT THAT THE SITE, SERVICES, OR THE CONTENT AVAILABLE THROUGH THE SITE AND SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES OR THE PROVIDING PARTIES’ SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE, SERVICES OR THE CONTENT AVAILABLE THROUGH THE SITE AND SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT THE PROVIDING PARTIES ARE NOT RESPONSIBLE FOR THOSE COSTS.

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE, SERVICES AND THE INTERNET IN GENERAL. THE SITE, SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE PROVIDING PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROVIDING PARTIES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SITE, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE.

We do not warrant that your use of the Service will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Service will be corrected, or that the Service is free of viruses or other harmful components.

The Service may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of text messaging on account of technical problems or traffic congestion on the Internet, on the Service, on any website or any combination thereof, including injury or damage to your mobile device or other hardware or software, related to or resulting from using or downloading materials in connection with the Service.

BOT BUSTER MAY INDICATE THAT SOME FUNCTIONS OF THE SOFTWARE SOLUTION, WHICH FIT THE CLIENT’S NEEDS, ARE STILL IN DEVELOPMENT, WHICH IS ACCEPTED BY THE CLIENT.

No oral or written information or advice provided by us, our resellers, agents or employees shall create a warranty or in any way.

Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site or Services must be filed within 6 months after such claim or cause of action arises, or forever be barred.

IX. COMMUNICATIONS

Email Notification. You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Site and/or Services, including any notices required by law, in lieu of communication by postal mail.

Communications to Us. You may contact us at support@botbuster.io.

UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

XII. GENERAL PROVISIONS

Partial Validity. If any provision of our TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of our TOS, which shall remain in full force and effect. No waiver of any term of these TOS shall be deemed a further or continuing waiver of such term or any other term.

Equitable Relief. You understand and agree that due to the nature of our TOS, in addition to money damages, we will be entitled to equitable relief upon a breach of these TOS by you.

Governing Law. These TOS is governed by the laws of the State of Florida. Jurisdiction for any claims arising out of or relating to these TOS shall lie exclusively with the state or federal courts in Miami, Florida.

Entire Agreement. Except as expressly provided in a particular Legal Notice, or other notice published through the Site or Services, these terms represent the entire binding agreement between us, and our respective successors.

Changes. We may change the terms of these TOS from time to time, and we recommend that you check these terms frequently to verify any changes that may have taken place. In the event we make a material change or modification to these TOS, we may provide you with notice in advance of such change by emailing you at the email address that corresponds to your account 14 days prior to the change. You agree that your ongoing use of the Services is an agreement to the terms and conditions in effect as of the latest time that you have used the Site or Services.

Digital Admissibility. You hereby agree that a printed version of these TOS, and any other notice given in electronic form which is related to these TOS, the Site or the Services, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.

E-mail and Text Communications. E-mail communications and text messages sent from us to you are designed to make your experience more efficient and enjoyable. You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us, which include, without limitation: Service notification/verification e-mails/texts, e-mails or text messages informing you about potential available sales and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard text messaging charges applied by your mobile device carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. We reserve the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, you shall have the opportunity to opt out of receiving communications from us (excluding messages targeted directly at you about matters regarding the state of your account, billing, or your continued use of the Service).

Surveys and Feedback. We may periodically present you with surveys or solicit your opinion about the Service. You acknowledge that your participation in these types of programs is completely voluntary. By submitting opinions, suggestions, feedback, images, documents, and/or proposals to us through these surveys, any suggestion or feedback webpages, or through any other communication with you, you acknowledge and agree that: (a) the suggestions or feedback you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide (without disclosing your identity); (d) we may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (e) the suggestions and feedback you provide will automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

Promotions. We may periodically feature promotions (“Promotions”) on our Service and you will have the opportunity to participate in such Promotions. By participating, you acknowledge that third parties are responsible for such Promotions and for ensuring that such Promotions comply with all applicable laws, rules, and regulations. We recommend that you carefully review the Official Rules, including any applicable privacy policy, these Terms, and any additional information or links provided in the Official Rules regarding such Promotions. You acknowledge and agree that we are not responsible or liable for the failure of any third party to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any Promotion.

WE DO NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION DISTRIBUTED THROUGH THE SERVICE UNLESS OTHERWISE STATED AND ARE THEREFORE NOT LIABLE OR RESPONSIBLE FOR SUCH PROMOTIONS.

Promotions may require you to provide personal information in order to participate. In the event that you choose to provide personal information, you acknowledge and agree that we may use any such information you provide consistent with these TOS and our Privacy Policy.

You acknowledge and agree that we are not responsible or liable for use or distribution of information you provide in a Promotion. Please see the rules and privacy policy for each Promotion on how it will use your personal information.

DMCA, Copyright and Other Complaints. We promote respect for the Intellectual Property Rights of others in all of our business endeavors and strictly prohibit users from uploading infringing Content to the Service. We may, in our sole discretion, refuse an order or remove Content that appears to infringe on the Intellectual Property Rights of others. It is our policy to respond to and investigate claims of copyright and other Intellectual Property Rights infringement. We have a policy of terminating the access of Solvers or Clients who are repeat infringers in appropriate circumstances.

You may notify us of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will respond expeditiously to notices of alleged infringement sent pursuant to the DMCA.

In order to notify us of a copyright infringement claim pursuant to the DMCA, you must include:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works;
a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material, including a URL address;
Your full name, address, telephone number, and, email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement made under penalty of perjury by you that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright involved.

The notice described above should be sent to us via email using the address at DMCA@botbuster.io .

Please note that in order to facilitate resolution of the dispute, we may provide your contact information to the user or entity that posted the Content that you are reporting; or in the event that you are the alleged infringer and provide a counter-notice, to the user or entity that filed the original claim. Please also note that you may be liable for damages (including costs and attorneys' fees) if you knowingly and materially misrepresent that material or an activity is infringing your copyright.

Independent Contractors. No agency, partnership, joint venture, or employment relationship is created between us as a result of these TOS and you do not have any authority of any kind to bind us in any respect whatsoever.

Non-Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

Severability. If any provision of these TOS is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these TOS shall otherwise remain in full force and effect and enforceable.

Assignment. These TOS are not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate these TOS and their rights and obligations without consent.