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	Device price	Qty
NEW!! BoT Talk Product Details Current expected delivery is approximately 2 weeks after placing an order. Thank you for your patience! Device price: 49.99 USD Image(1)	49.99 USD	Qty:
NEW!! Silicone Case for BoT Talk Cherry Product Details Device price: 19.99 USD Image(1)	19.99 USD	Qty:
NEW!! Silicone Case for BoT Talk Marron Product Details Device price: 19.99 USD Image(1)	19.99 USD	Qty:
NEW!! Silicone Case for BoT Talk Mint Product Details Device price: 19.99 USD Image(1)	19.99 USD	Qty:
	Total	0 USD
02. Register Your Membership Information

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BoT Subscription Service Terms:
Effective Date: Aug 15th, 2024

These BoT Subscription Service Terms (“Terms”) are a binding agreement between BOT US Inc. (“we,” “our,” “us”), a Delaware corporation, and you, a U.S. subscriber or other user of the BoT Talk mobile application (including all versions of and updates thereto, the “App”) and/or any of our BoT series location monitoring, communications or other services (collectively the “Service”) in connection with one or more Bsize BoT GPS devices (“BoT Devices”).

PLEASE READ THESE TERMS CAREFULLY BEFORE SUBSCRIBING TO OR USING THE SERVICE. THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE ANY DISPUTES THAT MAY ARISE BETWEEN US BY ARBITRATION OR IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS INSTEAD OF BY CLASS ACTIONS OR JURY TRIALS, ALTHOUGH YOU MAY OPT OUT OF THAT AGREEMENT AS PROVIDED BELOW. BY SUBSCRIBING TO OR USING THE SERVICE OR DOWNLOADING THE APP, YOU ACCEPT THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM.

1.	Changes

These Terms are effective as of the Effective Date set forth above.

We may change these Terms, including the Subscription Plans described below, in our discretion at any time. Such changes will be effective on the date they are posted on our website, except that if you are a current Subscriber, (1) we will attempt to notify you of the changes by email to the address associated with your Subscription in our records or through the App; and (2) the changes will not be effective as to your use of the Service earlier than the later of (a) one month after we attempt such notification; and (b) the first day of the next Subscription Period under the relevant Subscription Plan after we attempt such notification. Changes to these Terms will apply to any downloading or installation of the App (including any update thereto) after they are posted on our website. However, the version of these Terms in effect at the time of downloading or installation of a particular version of the App will continue to govern your license to that version of the App.

If we make changes that you do not like, your sole remedy is to cancel your Subscription and stop using the Service. Changes to these Terms will take effect as provided above even if you do not actually receive notice of them (e.g., because you do not have a current email address on file with us), so we encourage you to make sure that your account with us (if any) is always updated with your current, accurate contact information and to review periodically the Terms posted on our website. If your Subscription remains active or you continue to use the Service after any change to these Terms are effective, you will be deemed to have accepted the new Terms.

2.	Subscriptions

Use of BoT Devices for location monitoring or communications requires a Subscription to the Service. A “Subscription” is the right to use the Service in connection with a particular BoT Device for a particular month or other applicable period of time (the “Subscription Period”). A Subscription begins when the purchaser or other authorized user of a Bot Device (the “Subscriber”) registers and agrees to pay for a particular Subscription Plan to use the Service with the BoT Device. Unless a Subscription is terminated by us or cancelled by you, a Subscription renews automatically for successive Subscription Periods in the same Subscription Plan. A “Subscription Plan” is a set of Service features offered for a particular Subscription Period at a particular price. Available Subscription Plans are described on our website and in the App. Available Subscription Plans may change from time to time in our discretion. The feature limitations, Subscription Period and pricing of your Subscription Plan are incorporated into these Terms. Changes to your Subscription Plan are subject to the provisions of Section 1 applicable to other changes to these Terms.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to become a Subscriber. A parent or guardian who is a Subscriber may authorize their child to use the Service through the BoT Device associated with the Subscription. In other respects, use of the Service by persons who are not at least 18 years of age, or the age of majority in your jurisdiction, is prohibited.

When registering as a Subscriber, you must provide us with accurate and complete information required as part of the account registration process. Once a Subscriber is registered, a Subscriber must promptly update all account information if it changes. We are not liable for any failure to provide the Service, failure to provide notices concerning the Service, or other issues caused by your failure to provide accurate, complete and current information relevant to a Subscription or account. Subscriber consents to electronic signatures and delivery of communications in accordance with law.

We may refuse to register any person as a Subscriber, or terminate a Subscription, for any reason, including if we determine that:
(1) The person has violated our subscription terms in the past or may violate these Terms in the future;
(2) Any of the information provided by the person as part of the registration process is untrue;
(3) The person registers a payment card issued under a different name; 
(4) There is a risk the person may use the Service for unlawful or other objectionable purposes; or
(5) The registered Payment Method cannot be used to collect Subscription Fees.

The Service is for personal, noncommercial use only. The Subscriber shall not rent, lease or lend the BoT Device associated with a Subscription, resell or otherwise transfer a Subscription or the Service, or use or permit the use of a Subscription or the Service for any purpose other than the Subscriber’s own family purposes.

You are responsible for maintaining the confidentiality of the user account login names and passwords associated with your Subscription, and must not permit use of your Subscription by anyone other than members of your family, childcare providers and others who you wish to be able to monitor and communicate with your BoT Device for your personal purposes. The Subscriber is responsible for all activity under the Subscriber’s Subscription, including for payment of applicable Subscription Fees, all actions taken with the BoT Device, Apps and accounts associated with the Subscriber’s Subscription, and any resulting damages. The Subscriber shall ensure that the user of the associated BoT Device complies with these Terms. If you have reason to believe that someone is using your Subscription or BoT Device without permission, you should contact us immediately as described in Section 8.  We are not responsible for any loss or damage resulting from unauthorized use.

We may make discontinue Subscription Plans at any time in our discretion. If you are a Subscriber, and we discontinue your Subscription Plan, we will attempt to notify you concerning available options for changing to a different Subscription Plan by email to the address associated with your Subscription in our records or through the App. If you do not wish to change to a different Subscription Plan, your sole remedy is to cancel your Subscription and stop using the Service.

A Subscriber may change from one Subscription Plan to another available Subscription Plan at any time through the App. The App will show the applicable charges at such time.

BoT Devices are designed to be activated solely by us in connection with a Subscription. Any attempt to activate a BoT Device in any other way could affect the functioning of the BoT Device.

3.	Privacy; Consent of BoT Device User

Our Privacy Policy https://support.bot.app/hc/en-us/articles/13216261976857-Privacy-Policy describes how and why we collect, use and disclose personal information in connection with the Service and Subscriptions thereto. Our Privacy Policy in effect from time to time is incorporated into these Terms. You consent to our use of personal information in compliance with our Privacy Policy.

The Service provides the capability to monitor the location of the BoT Device associated with a Subscription, and thus transmits personal information from the BoT Device to us and to users of Apps associated with the same Subscription as the BoT Device. If you are the user of a BoT Device, or the parent or guardian of a user of a BoT Device, you consent to such monitoring, including transmission of location information to us and to users of Apps associated with the same Subscription as the BoT Device. If you are a Subscriber or other user of the App, you agree (1) to obtain prior consent to such monitoring from any person possessing the associated BoT Device or that person’s legal representative; and (2) not to use the Service to monitor any BoT Device without such consent or in violation of any applicable law. As provided in Section 13, you agree to indemnify us against any claims based on use of the Service to monitor any person without that person’s consent or in violation of any applicable law.

4.	Payment

Pricing for our current Subscription Plans is described on our website and in the App. Such pricing does not include sales, use, excise or other taxes now or hereafter imposed, directly or indirectly, by any governmental authority. The Subscriber is responsible for such taxes in addition to the stated price of the Subscriber’s Subscription Plan.

When a Subscriber purchases a Subscription (e.g., when connecting an App to a BoT Device), the Subscriber agrees immediately to pay the price stated for the initial Subscription Period, and any applicable taxes and service fees. The Subscriber also agrees that unless the Subscription is terminated by us or cancelled by the Subscriber, the Subscriber will pay the then-current price for the Subscriber’s Subscription Plan on an ongoing basis in advance at the beginning of each successive Subscription Period as the Subscription renews automatically, and any applicable taxes and service fees. All such payments are referred to herein as “Subscription Fees.” You authorize and consent to advance payment for the Service. The Subscriber and other users of a Subscription are also responsible for any payments they may owe to third parties in connection with use of the Service, such as the costs of providing network connectivity to the mobile devices on which they use the App.

If the Subscriber changes from one Subscription Plan to a more expensive Subscription Plan, the difference will be charged at the time of the change, and as the Subscriber’s Subscription renews thereafter, the new, higher Subscription Fees will be charged. If the Subscriber changes from one Subscription Plan to a less expensive Subscription Plan, the difference will not be refunded, but will be applied as a credit to the Subscriber’s next payment of Subscription Fees. As the Subscriber’s Subscription renews, the new, lower Subscription Fees will be charged.

The Subscriber is obligated to pay the Subscription Fees regardless of temporary interruptions in Service availability.

When purchasing or changing a Subscription, the Subscriber is required to provide payment card information or another accepted payment method (collectively “Payment Method”), which is subject to credit approval by us. By providing a Payment Method, (1) the Subscriber represents and warrants that the Subscriber is the owner or an authorized user of the Payment Method and responsible for charges to the Payment Method; (2) the Subscriber grants us the right to obtain credit reports and credit history, and any other information that we reasonably believe is desirable for the purpose of identifying the Subscriber’s financial status and creditworthiness, and to continue to monitor the Subscriber’s credit rating and credit history during the Subscription; and (3) the Subscriber authorizes and consents to storage of Payment Method information for purposes of our charging Subscription Fees for future Subscription Periods.

The Subscription Fees will be charged to the Subscriber’s Payment Method at the beginning of the Subscription (or the time of a change to a more expensive Subscription Plan) and at the beginning of each Subscription Period renewal thereafter, unless the Subscription is terminated by us or cancelled by the Subscriber. If the Subscriber’s monthly Subscription begins after the 28th day of a month, then in any subsequent month in which that day does not occur, we will charge the Subscriber’s Payment Method on approximately the last day of such month. For example, if the Subscriber started the Subscriber’s monthly Subscription on January 31st, the Subscriber’s next payment date will be approximately February 28th. The Subscription Fees charged to the Subscriber’s Payment Method may vary from month-to-month or year-to-year due to changes in the Subscription Plan or applicable taxes, and the Subscriber authorizes us to charge the Subscriber’s Payment Method for these amounts.

By authorizing us to charge the Subscriber’s Payment Method for Subscription Fees, the Subscriber is authorizing us to automatically continue charging that Payment Method (or any replacement Payment Method) for the duration of the Subscription, and to continue to attempt to charge all amounts due hereunder to the Subscriber’s Payment Method until such amounts are paid in full.

Subscription Fees will be charged in U.S. dollars. If the Subscriber’s Payment Method is based on a different currency, the amount showing on the Subscriber’s Payment Method statements may vary from month-to-month depending on differences in the exchange rate at the time the Payment Method is charged. The Subscriber may also incur additional fees for foreign exchange conversions or international transactions depending on the terms of the Subscriber’s Payment Method issuer or bank.

If the Subscriber fails to pay any Subscription Fees when due, as a result of expiration of the Subscriber’s Payment Method, insufficient funds, or otherwise, (1) the Subscriber will remain liable for all such amounts, as well as any costs that we incur in collecting any amounts the Subscriber fails to pay, including attorney and collections fees; (2) the Subscriber agrees to pay a late charge of 1.5% per month, or if lower, the highest rate allowed by law, if Service Fees are not paid by the due date; (3) the Subscriber authorizes us to continue charging the Subscriber’s Payment Method, as your Payment Method information may be updated; and (4) we may suspend or terminate the Subscription.

Subscription Fees are non-refundable unless we discontinue provision of the Service to all users during a Subscription Period for which the Subscriber has prepaid. Only in such a situation will the Subscriber receive a prorated refund for the unused portion of the Subscription period. As described further in Section 5, if the Subscriber cancels the Subscription during a Subscription Period, or we terminate the Subscription during a Subscription Period because of a violation of these Terms, the Subscriber will not receive a refund for any portion of the Subscription Fees.

If there are any discrepancies in our charging of Subscription Fees, you hereby waive your right to dispute such discrepancies if you do not notify us within 60 days after they first appear on your Payment Method account statement.

5.	Cancellation, Suspension and Termination of Subscriptions

The Subscriber may cancel a Subscription at any time by completing the cancellation form at https://shop.bot.app/us/order-list . The cancellation will go into effect immediately, and the Subscriber will not receive a refund of any fees paid. A Subscription must be cancelled before it renews for the next Subscription Period to avoid paying the Subscription Fees for the next Subscription Period. You acknowledge and agree that cancellation of the Subscription through which you use the Service is your sole recourse if you have any dissatisfaction, issue or concern related to the Service or these Terms, including Subscription Fees and any changes thereto.

We may suspend or terminate your Subscription and the provision of Service to you with immediate effect if we determine that you or any other user under the same Subscription has breached these Terms or applicable Provider terms, including by failing to pay Subscription Fees when due, or if you act in any manner that clearly shows you do not intend to, or are unable to, comply with these Terms or applicable Provider terms.  We will attempt to notify the Subscriber of such suspension or termination by email to the address associated with the Subscription in our records or through the App.  We also may, in our discretion, attempt to provide advance notice of suspension or termination and provide you an opportunity to cure a breach of these terms in situations that do not involve serious misconduct or a threat to the Service.  However, we are under no obligation to do so.

We also may terminate your Subscription and the provision of Service to you with or without cause at the end of any Subscription Period.  We will attempt to notify the Subscriber of such suspension or termination in advance by email to the address associated with the Subscription in our records or through the App.

After cancellation, suspension or termination of a Subscription, (1) the Subscriber will continue to owe any accrued Subscription Fees due under these Terms and not yet paid, (2) you will not have access to any information stored in the Service in association with your Subscription; and (3) any provisions of these Terms that expressly or by their nature should survive such event, including payment obligations, disclaimer of warranties, limitation of liability, rights of indemnity, and dispute resolution, shall survive such event.  In the case of suspension, Subscription Fees will continue to accrue during the period of suspension, unless the Subscriber cancels the Subscription.

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.  If we suspend or terminate your access to the Service you must immediately stop using the Service and not attempt to establish a new Subscription.

6.	Your Responsibilities for Use of the BoT Device and Service

You are responsible for obtaining a BoT Device, preparing it for use with the Service in accordance with the accompanying instructions, and maintaining the BoT Device in proper operating condition during the duration of the associated Subscription. You are solely responsible for any modifications you make to a BoT Device, including any software you install on a BoT Device.

You are also responsible for obtaining and maintaining a mobile device to run the App, downloading and installing the App on such a device to monitor or communicate with a BoT Device, obtaining and maintaining network connectivity for such device, and paying all telecommunications changes for the transmission of BoT Device location data and communications to the mobile device running the App. Your mobile device carrier’s normal messaging and data rates will apply.

If you have an active Subscription to the Service, you will be charged, and you agree to pay, applicable Subscription Fees for all Subscription Periods, notwithstanding any issues with your BoT Device, mobile device, App or mobile device network connectivity.

You agree that you will use the BoT Product and the Service only as designed and in accordance with these Terms and the instructions accompanying the BoT Device. You must comply with all applicable third party terms of agreement when using the Service (e.g., the terms of the wireless data service agreement for your mobile device).

The Service may only be used within the United States of America, excluding territories (“U.S.”), and only for the purposes of obtaining location information of the associated BoT Device on the App and/or communicating between the associated BoT Device and the App, in each case in accordance with applicable law and the applicable Subscription Plan and with the consent of the person possessing the BoT Device. The Service may be unavailable if you attempt to use it outside the U.S.

Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following, with respect to the Service and the BoT Device:
- Use the Service in any place in which your use of the Service is unlawful;
- Make or enable any unauthorized use of the Service, including obtaining or using a third party’s account without any authorization or allowing a third party to use the Service by impersonating you;
- Transmit any advertisement or use the Service for any other commercial purposes;
- Impersonate any person or entity or otherwise misrepresent your identity, including by providing incorrect information as part of the account registration process described in Section 2; 
- Conduct load, performance, concurrent usage and/or any other similar testing of the Service or our Providers’ services;
- Interfere with our and our Providers’ provision or others’ use of the Service or otherwise disrupt the Service or our Providers’ services; 
- Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights); 
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability; 
- Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable; 
- Transmit files that contain viruses, spyware, adware, or other harmful code; 
- Disassemble, decompile or otherwise reverse engineer or attempt to derive the source code of the App, the BoT Device, any software on the BoT Device or any other content, software or technology used to provide the Service; 
- Reproduce, modify, translate, create derivative works of, distribute or sublicense the App or any other content, software or technology on the BoT Device or used to provide the Service; 
- Transmit, collect, or access personally identifiable information about other users without the consent of those users; 
- Use information obtained through the Service for any unfair, discriminatory or commercial purpose; or
- Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Service or otherwise attempt to gain unauthorized access to the Service or our (or Providers’) related systems or networks.

You are solely responsible for any matter that you communicate through the Service and for the consequences of your doing so (“Your Communications”). You shall not send any of Your Communications” in violation of applicable law or these Terms. You will be solely liable for any damage resulting from any infringement of copyrights or any other harm resulting from Your Communications. You grant us a perpetual, irrevocable, worldwide, royalty-free, nonexclusive, transferrable, sublicensable license to reproduce, adapt, distribute, perform, display, communicate and otherwise use Your Communications for purposes of providing and improving the Service and developing and providing other products and services.

You acknowledge that the battery in the BoT Device may expand due to repeated charging and discharging. If you notice any abnormality in the BoT Device, you should shall immediately stop using it and contact us as described in Section 8.

7.	Our Provision of the Service; Changes and Interruptions

We will provide you access to the Service, to the extent of the applicable Subscription and Service Plan, on an as-is and as-available basis.

We may collect information about your use of the Service. Except to the extent that such information includes your personal information protected under our Privacy Policy, we may use such information without restriction.

We may make changes to the Service at any time in our discretion. If you are a Subscriber, and we make changes that significantly affect the user experience or make the Service inconsistent with the previously-published description of the Service Plan associated with your Subscription, we will attempt to notify you of the changes in advance by email to the address associated with your Subscription in our records or through the App. However, if changes to the Service are necessary to comply with applicable law or respond to exigent circumstances, or it is otherwise impracticable to provide prior notice of a significant change, we may attempt to notify you of the changes after implementing them. If we make changes to the Service that you do not like, your sole remedy is to cancel your Subscription and stop using the Service.

Use of the Service to monitor the location of a BoT Device and communicate between a BoT Device and the App depends on various factors that we do not control, including a BoT Device that is powered-up, working and operated properly and able to receive Global Positioning System (“GPS”) and other location information signals; the App running on a mobile device that is powered-up, working and operated properly and has network connectivity; and both the BoT Device and App user being in places with the ability to receive radio waves and access to telecommunications networks. In addition, weather conditions, atmospheric conditions, magnetic interference, other environmental conditions, excessive network traffic and network outages may mean that transmissions between a BoT Device and the App are not received or are delayed. You specifically acknowledge that (1) the location information provided by the Service may have an error of several hundred meters or more depending on the communication environment and radio wave conditions; (2) the movement history information provided by the Service may differ from the location where the Bot Device actually passed; (3) actual conditions may differ from map results and content provided through the Service; (4) due to the communication environment, radio wave conditions, or other factors, there may be cases where notifications and transmissions are not made, notifications and transmissions are not made immediately, or problems may occur with the contents of notifications and transmissions (such as degradation of sound quality, noise contamination, voice disconnection, etc.); (5) the quality of the Service, including the timeliness of monitoring and communicating with a BoT Device, may depend on your mobile device, your location and the speed of your network connection; (6) we are not responsible for your inability to use the Service due to damage or loss of your BoT Device or mobile device running the App; and (7) there may be interruptions and delays in the Service even under emergency conditions when it would be desirable for you to have access to the Service and prompt communications between a BoT Device and the App. We are not responsible for any interruptions and delays in the Service. You agree not to use the Service in any situation in which use of or interruptions or delays in the Service could lead to death, personal injury, or physical or environmental damage.

We may discontinue providing the Service at any time.

8.	Customer Service

If you have any questions or concerns about your BoT Device, the Service or these Terms, please contact our support center by email at support@bot.app. Please note that depending on the content of your inquiry, it may take some time for a response to be provided.

Attempting to contact us by postal mail is discouraged, but postal mail should be directed to us in care of the following: [Bsize Inc., Kousei Daisan Building, 9F, 2- 12-11 Shinyokohama, Kohoku-ku, Yokohama-shi, Kanagawa 222-0033, Japan]. The telephone number for Bsize Inc. in Japan is [011-81-050-1807-2569].

9.	Third Party Service Providers

We may in our discretion subcontract all or part of the business necessary for the provision of the Service and use various third parties to provide the Service (“Providers”), including telecommunications providers supplying connectivity for BoT Devices, location service providers, computing platform providers, and payment processing vendors. You acknowledge that our affiliates and other Providers are entitled to provide the Service to you, and you consent to our sharing of your data with Providers to enable us to provide the Service. We do not own or control such Providers, nor do we own or control the telecommunications providers you may depend on to obtain network connectivity for the mobile device on which you run the App.  The Service or parts thereof may become limited or temporarily unavailable without notice from time to time due to failures associated with Providers or actions of Providers, including modification, limitation, suspension or termination of services provided by Providers. We are not responsible for interruptions and delays in Service due to causes beyond our control.

Use of the Service is subject to the privacy policies, terms of use, and other terms and conditions (including any revisions thereof) of certain such Providers. More information concerning Providers’ use of personal information may be found in our Privacy Policy https://support.bot.app/hc/en-us/articles/13216261976857-Privacy-Policy . A Provider’s privacy policy may allow you to request that the Provider cease using your personal information. However, if you do so, use of the Service may be restricted, and we shall not be liable for any such restrictions.

Stripe and its affiliates process payment transactions for us.

The Service includes Google Maps features and content. Use of Google Maps features and content is subject to the then-current versions of the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps/ and the Google Privacy Policy at https://policies.google.com/privacy.

10.	Intellectual Property

As between us and you, we or our licensors are the owner of all intellectual property rights with respect to the BoT Device and Service, including related trademarks, names and logos.  Users authorized under a Subscription obtain only a limited, nonexclusive license to use the Service during a paid Subscription Period in the U.S. for their personal, noncommercial purposes.

We also respect the intellectual property rights of others. We have adopted a policy that provides for the termination in appropriate circumstances of Subscribers and other account holders who are repeat infringers. If you believe that your copyright rights have been infringed by a user of the Service, please send a notice to our copyright agent at support@bot.app. You may also reach our copyright agent using the other contact information provided in Section 8.

11.	License to the App

The App is licensed to you, not sold. We reserve all rights in and to the App that are not expressly granted to you in this Section 11.

When you download the App from an authorized app store, we grant you a nontransferable, nonsublicensable, nonexclusive license to use the App on the mobile device to which the App is downloaded, solely for purposes of using the Service in accordance with these Terms. You may not distribute or make the App available over a network where it could be used by multiple devices. You may not transfer, redistribute or sublicense the App. If you sell the mobile device to which the App is downloaded, you must remove the App before doing so. Your rights under this license will terminate automatically if you fail to comply with any of these Terms. 

You agree that we may collect and use technical data and related information, including information about your mobile device, system and application software, to facilitate the provision of software updates, product support, and the Service. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

You may not export or re-export the App except as authorized by U.S. law. In particular, but without limitation, the App may not be exported or re-exported (1) into any U.S.-embargoed countries or (2) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

The App is a “Commercial Item,” as that term is defined in 48 C.F.R. §2.101. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1, as applicable, the App is licensed to U.S. Government end users with only those rights as are granted to all other end users pursuant to these Terms.

These Terms are an agreement between you and us only, and not an agreement with any third party, such as the app store where you acquire the App. We, rather than the app store, are responsible for the App. To the maximum extent permitted by applicable law, the app store will not be responsible for addressing any claims by you or any third party, or for any losses, liabilities, damages, costs or expenses, relating to the App or your possession and/or use of the App, including: (i) warranty claims, (ii) product liability claims; (iii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation. If you have any questions concerning those issues, you should contact us as described in Section 8. The app store will also not be responsible for investigation, defense, settlement and discharge of any third party intellectual property infringement claim. Neither we nor the app store has any obligation to furnish any maintenance or support services with respect to the App. The app store is a third party beneficiary of these Terms with the right to enforce relevant Terms against you. You acknowledge that your use of the App may be subject to additional terms of the app store where you acquire the App.

12.	DISCLAIMERS; LIMITATION OF LIABILITY

WE, OUR AFFILIATES AND OUR THIRD-PARTY SERVICE PROVIDERS AND OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS, CONTRACTORS AND REPRESENTATIVES (COLLECTIVELY “BSIZE PARTIES”) PROVIDE THE SERVICE (INCLUDING THE APP) ON AN AS-IS AND AS-AVAILABLE BASIS. WE DO NOT WARRANT: (1) THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT THE SERVICE WILL ACCURATELY MONITOR A BOT DEVICE; (3) THAT DEFECTS WILL BE CORRECTED; (4) THAT THE SERVICE OR THE SYSTEMS AND NETWORKS USED TO PROVIDE THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (5) THAT THE SERVICE WILL CONTINUE TO BE AVAILABLE. BSIZE PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. BSIZE PARTIES DISCLAIM ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AS TO QUALITY AND AVAILABILITY, AND ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.  

YOUR ACCESS TO AND USE OF THE SERVICE (INCLUDING THE APP) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR SUBSCRIPTION AND DISCONTINUE ACCESSING AND USING THE SERVICE.

BSIZE PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, DISEASE, EARTHQUAKE, FLOOD, ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, EMBARGO, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET, NETWORKS OR COMPUTER EQUIPMENT, DELAY OR INACCURACY OF GPS IN PROVIDING RELEVANT LOCATION COORDINATES, FAILURE, DELAY, OR INACCURACY OF A BOT DEVICE TO PROCESS AND/OR TRANSMIT DATA, OR NON-COMPATABILITY OF THE APP WITH MOBILE DEVICE OPERATING SYSTEMS OR OTHER THIRD-PARTY SOFTWARE.

YOU ACKNOWLEDGE THAT THE SERVICE CANNOT HELP YOU MONITOR THE LOCATION OF A PERSON WHO DOES NOT HAVE THE BOT DEVICE IN THAT PERSON’S POSSESSION.

TO THE FULLEST EXTENT PERMITTED BY LAW, BSIZE PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER CONTRACT, TORT (INCLUDING LIABILITY FOR FAULT, NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE AND DEATH) IN CONNECTION WITH THE SERVICE (INCLUDING THE APP), YOUR USE OF THE SERVICE OR THESE TERMS, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID FOR YOUR SUBSCRIPTION IN THE SIX (6) MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF OUR ACTS OR OMISSIONS WITH RESPECT TO THE SERVICE, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

13.	Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Bsize Parties from and against all claims, actions, suits or proceedings, as well as all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees), arising out of or in connection with your use or misuse of the Service (including the App), your breach of any of these Terms, any negligent, reckless or willful act or omission by you or any person you authorize to use a BoT Device or the Service, and any dispute between you and another user of the Service (including a user of a BoT Device).

14.	DISPUTE RESOLUTION

14.1.	These Terms will be construed and enforced in accordance with the Federal Arbitration Act, and to the extent state law applies, the laws of the State of Delaware.

14.2	ARBITRATION AGREEMENT 

You agree that all claims, controversies or disputes of any kind (whether in contract, tort, or otherwise) you may have against any Bsize Party, including all claims, controversies or disputes arising out of or relating in any way to these Terms, the Service or your use of the Service, including any dispute regarding the enforceability, validity, legality, scope or applicability of this agreement to arbitrate, including arbitrability (each, a “Dispute”), will be resolved in accordance with the provisions set forth in the following paragraphs. This Arbitration Agreement is intended to be interpreted as broadly as possible, consistent with governing law, and to survive after your relationship with us ends.

Please read this paragraph carefully. It affects your rights and will have a substantial impact on how a Dispute is resolved. You agree that whenever you have a Dispute, you will send a written notice to us (a “Demand”) describing the Dispute. You must send the Demand to our support center by email at support@bot.app. You agree that you will not take any legal action, including filing a lawsuit or instituting arbitration, until 30 business days after you send a Demand, except that, notwithstanding this provision and the provisions below, you may seek relief in small claims court for disputes or claims within the scope of its jurisdiction. We agree to toll the limitations period, if any, from the date the Demand is sent until the date the Demand is resolved. 

If the disagreement stated in the Demand is not resolved to your satisfaction within such 30 business days: 

(1) The Dispute will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator in accordance with the AAA Consumer Arbitration Rules (as may be amended; see www.adr.org for current rules) and as modified by the agreement to arbitrate in this paragraph.

(2) This Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

(3) Any arbitration hearing that you attend shall be held at a location that is reasonably convenient to you and the relevant Bsize Party as mutually agreed upon in writing. It also may proceed telephonically or by video. In the event you and the relevant Bsize Party are unable to agree on a location for the arbitration hearing, a place shall be chosen by the arbitrator or arbitration administrator. Judgment upon any arbitration award may be entered in any court having jurisdiction. 

(4) The arbitrator’s decision shall be controlled by these Terms (including this Arbitration Agreement) and any of the other agreements referenced herein that the parties may have entered into.

(5) The arbitrator shall apply Delaware law, without regard to its choice of law or conflict of law rules or principles that would result in applying the law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

(6) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Bsize Party’s individual claims. The arbitrator may not consolidate or join the claims of multiple persons or parties who may be similarly situated against the applicable Bsize Parties. 

(7) In the event that the fees and deposits required to initiate arbitration against any Bsize Party exceed $250, and you demonstrate to the applicable Bsize Party’s satisfaction in its reasonable discretion that you are unable (or not required under the rules of AAA) to pay any fees and deposits that exceed this amount, the applicable Bsize Party agrees to forward them on your behalf, subject to being reimbursed in whole or in part, as permitted, based on an ultimate allocation by the arbitrator. In addition, if you are able to demonstrate to the applicable Bsize Party’s satisfaction in its reasonable discretion that the costs of individual arbitration will be prohibitive as compared to the costs of individual litigation, the applicable Bsize Party will pay as much of those costs (but not attorney or other representation fees) in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

(8) With the exception of paragraph (6) above, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, paragraph (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor the affected Bsize Party shall be entitled to arbitrate their dispute. If the parties agree the AAA is unable to conduct the arbitration, you may file your case with another national arbitration company agreed upon by both parties.

(9) If 10 or more claimants submit Disputes or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel (whether such cases are pursued simultaneously or not) (each such claim, a “Coordinated Claim”), those Coordinated Claims must be resolved in staged proceedings. You agree to this process even though it may delay the arbitration of your claim. In the first stage, Coordinated Claimants’ counsel and the applicable Bsize Party will each select an equal number of Coordinated Claims (up to the lesser of one-half of the similar claims each or 10 cases each (20 cases total)) to proceed in arbitration and resolved individually by different arbitrators. In the meantime, no other Coordinated Claims, cases, or Disputes involving the same or similar subject matter may proceed in arbitration, and the AAA must not assess or demand payment of fees for the remaining Coordinated Claims or administer or accept them. If the AAA nonetheless assesses or demands payments of fees for the remaining Coordinated Claims, any such Coordinated Claimants agree to dismiss their arbitration demands without prejudice, with the statute of limitations being tolled from the date of the dismissal.

The arbitrators are encouraged to resolve the subset of selected cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. After the first stage is completed, the parties must engage in a single mediation of all remaining Coordinated Claims, and the applicable Bsize Party will pay the mediation fee. If the parties cannot agree how to resolve any of the remaining Coordinated Claims after mediation, the parties will repeat the process of selecting and filing up to 20 Coordinated Claims to be resolved individually by different arbitrators, followed by mediation.

If any Coordinated Claims remain after the second stage, the process will be repeated until all Coordinated Claims are resolved, with four differences. First, a total of 50 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of counsel for the Coordinated Claimants.

Between stages, counsel will meet and confer regarding ways to improve the efficiency of the staged proceedings, including whether to increase the number of cases filed in each stage. Either party may also negotiate with the AAA regarding the amount or timing of AAA fees.

This paragraph (9) concerning arbitration of Coordinated Claims and each of its requirements is intended to be severable from the rest of this Arbitration Agreement. If the provisions relating to the staging process are severed, then the claims may be filed in individual arbitration pursuant to this Arbitration Agreement, except that the payment of AAA Fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when arbitrations are initiated.

(10) If you do not wish to be subject to this Arbitration Agreement, you may opt out of the Arbitration Agreement. To do so, within 30 days after the date that this Arbitration Agreement is first accepted by you, you must send a written notice to our support center by email at support@bot.app stating your intent to opt out of this Arbitration Agreement, as well as your name, address, and the email associated with your Subscription. If you do not opt out of this Arbitration Agreement within the 30-day period, you and we and the applicable Bsize Party shall be bound by the terms of this Arbitration Agreement. 

14.3	Class Action Waiver 

Separate and apart from the Arbitration Agreement set forth above and to the maximum extent permitted by law, you hereby independently waive any right to bring or participate in any class action, class arbitration, private attorney general action, or other representative action, however denominated, in any way related to any Dispute. 

YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST BSIZE PARTIES IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. 

14.4	JURY TRIAL WAIVER

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS.

14.5	LIMITATIONS PERIOD

BY USING THE SERVICE, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY ARBITRATION, CLAIM OR ACTION AGAINST ANY BSIZE PARTY IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION, OCCURRENCE, OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED, UNLESS THE APPLICABLE BSIZE PARTY AGREES OTHERWISE, OR UNLESS A LONGER PERIOD IS REQUIRED BY LAW.

15.	Miscellaneous

We may be required by state or federal law to notify you of certain events.  You hereby acknowledge and agree that such notices will be effective upon our sending them to you by email to the address associated with your Subscription in our records or through the App.  If you do not provide us with accurate and current contact information, we will not be responsible for failure to notify you.  

If you wish to send us any legal notices, you must send them to our support center by email at support@bot.app.

Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision.  

Nothing in these Terms affects any non-waivable statutory rights that apply to you.  

If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Service, or as otherwise described in our Privacy Policy. 

You may not assign these Terms, or any of your rights or obligations hereunder or thereunder, but Garmin may assign these Terms and any of its rights and obligations hereunder. These Terms shall inure to the benefit of and are binding on the parties’ respective successors and permitted assigns.

These Terms constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof.
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