Terms of Service
BOTTLE — TERMS OF SERVICE
Last updated on: September 26, 2019
By signing up for a Bottle Account (as defined in Section 1) or by using any Bottle Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “Bottle” means Bottle Labs, Inc.
The services offered by Bottle under the Terms of Service include various products and services to help you sell goods and services to buyers online using SMS messages and phone calls (“Services”). Any new features or tools which are added to the current Services shall be also subject to these Terms of Service. You can review the current version of the Terms of Service at any time at this link. Bottle reserves the right to update and change the Terms of Service by posting updates and changes to the Bottle website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. If you do not accept such amendments, you must cease using the Services.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Bottle’s Acceptable Use Policy (“AUP”) found here and Privacy Policy, found here, before you may sign up for a Bottle Account or use any Bottle Service, including the Bottle API.
We use Stripe and Twilio to offer our Services. Both Bottle and Bottle Users are bound by those vendors Terms of Services, Privacy Policies and Acceptable Use Policies.
NO ACCESS TO EMERGENCY SERVICES: There are important differences between Bottle and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.
Bottle provides a function that allows you to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by state to state. You are responsible for applying the local laws in the relevant jurisdiction when using this feature.
- Account Terms
To access and use the Services, you must register for a Bottle account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Bottle may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Bottle for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Bottle will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
You are responsible for keeping your password secure. Bottle cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Bottle may result in an immediate termination of your Services.
WHICH MEANS
You are responsible for your Account and any Materials you upload to the Bottle Service. Remember that if you violate these terms we may cancel your service.
If we need to reach you, we will send you an email or a message within the Bottle app.
- Account Activation
- Store Owner
Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.
If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your account can only be associated with one Owner. An Owner may have multiple Bottle accounts.
- Store Owner
- Guest Accounts
You can create one or more guest accounts (“Guest Accounts”) allowing other people limited access to the Account.
The Owner is responsible and liable for the acts, omissions and defaults arising from the use of Guest Accounts, or anyone accessing and using the Owner’s account, in the performance of obligations under these Terms of Service as if they were the Owner’s own acts, omissions or defaults.
The Store Owner and the users under Staff Accounts are each referred to as a “Bottle User”.
- Stripe Connect
Upon completion of sign up for the Service, Bottle will connect your account to Stripe Connect account on your behalf, using your email address, and such account will be governed by the Stripe Connected Account Agreement. You must abide by the Stripe Connected Account Agreement at all times.
You acknowledge that Stripe Connect will be your exclusive payments gateway(s). For the avoidance of doubt, Stripe Connect is a third party service.
WHICH MEANS
Only one person can be the “Owner”, usually the person signing up for the Bottle Service. The Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.
We automatically create certain accounts for you to accept payments. You are responsible for complying with their terms, which are with various third parties.
General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the [AUP] found here and the [Privacy Policy] found here before you may become a Bottle User.
Technical support in respect of the Services is only provided to Bottle Users.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Georgia and the laws of the United States applicable therein, without regard to principles of conflicts of laws that would apply the laws of any other jurisdiction.
You acknowledge and agree that Bottle may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Bottle’s website, available here and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to our website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Bottle Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, the laws applicable to you in your customer’s jurisdiction, or the laws of the United States. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
You are solely responsible for the activity that occurs using your API credentials and for keeping your API Credentials secure.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Bottle.
Questions about the Terms of Service should be sent to Bottle Support.
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “SMS Services”). You will only use the SMS Services in compliance with these Terms of Service, Twilio Inc.‘s Acceptable Use Policy, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
You acknowledge and agree that your use of the Services, including information transmitted to or stored by Bottle, is governed by its privacy policy found here.
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Bottle shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Bottle’s prior written consent, to be given or withheld in Bottle’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
Sections 1, 3(b)-(m), 4, 6–8, and 10–14 will survive the termination or expiration of these Terms of Service.
WHICH MEANS
The Bottle service belongs to us. You are not allowed to copy it or use it for any illegal or shady purpose. If you or your employees or contractors use Bottle’s APIs, you will comply with our API terms.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
Choice of Law
The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Georgia sitting in Atlanta, Georgia with respect to any dispute or claim arising out of or in connection with the Terms of Service.
IF YOU ARE A BOTTLE USER LOCATED IN THE UNITED STATES OR CANADA, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS” SECTION BELOW TO LEARN MORE.
WHICH MEANS
If a dispute arises you may bring an action in Atlanta, Georgia.
- Bottle Rights
We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our [Acceptable Use Policy (“AUP”)] found here
or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Bottle customer, Bottle employee, member, or officer will result in immediate Account termination.
Bottle does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
Bottle retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Bottle reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
WHICH MEANS
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a Bottle account, we can freeze the account or transfer it to the rightful owner, as determined by us.
- Confidentiality
“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Bottle’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public, including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or © is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
WHICH MEANS
Both you and Bottle agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
- Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, Bottle shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
To the extent permitted by applicable laws, in no event shall Bottle or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bottle partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Bottle does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Bottle does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Bottle does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
WHICH MEANS
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.
Waiver and Complete Agreement
The failure of Bottle to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Bottle and govern your use of the Services and your Account, superseding any prior agreements between you and Bottle (including, but not limited to, any prior versions of the Terms of Service).
WHICH MEANS
If Bottle chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.
These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and Bottle don’t apply if they conflict with these terms.
- Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the Bottle Service. All Materials you upload remains yours. You can remove your Bottle Store at any time by deleting your Account.
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your account; (b) to allow Bottle to store, and in the case of Materials you post publicly, display and use your Materials; and © that Bottle can, at any time, review and delete all the Materials submitted to its Service, although Bottle is not obligated to do so.
You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
Bottle shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
WHICH MEANS
Anything you upload remains yours and is your responsibility.
- Payment of Fees
You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store (“Transaction Fees”). Together, the Subscription Fees and Transaction Fees are referred to as the “Fees”.
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Bottle will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Bottle will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees, if any, will be deducted from any payouts you receive from us. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will appear on your Account page. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may initiate a “reverse transfer” using Stripe and we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Bottle reserves the right to terminate your Account.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of our products and services. To the extent that Bottle charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Bottle of your exemption. If you are not charged Taxes by Bottle, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Bottle under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Bottle to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Bottle shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
You must maintain an accurate location in the administration menu of your Bottle Store. If you change jurisdictions you must promptly update your location in the administration menu.
You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services.
Bottle does not provide refunds except as required by law.
WHICH MEANS
A valid payment method (like a credit card) is required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees will be deducted from the payouts we send to you. If we are not able to process payment of Fees using your payment method, we will try again in 3 days. If we are unable to process payment of Fees on the second attempt, we will make a third and final attempt three days later. If payment of Fees is unsuccessful after three attempts, Bottle may freeze your store. You may be required to remit Taxes to Bottle or to self-remit to your local taxing authority. No refunds.
- Cancellation and Termination
You may cancel your Account and terminate the Terms of Service at any time by contacting Bottle Support and then following the specific instructions indicated to you in Bottle’s response.
- Upon termination of the Services by either party for any reason:
Bottle will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
any outstanding balance owed to Bottle for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
your Store website will be taken offline.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Bottle Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
Fraud: Without limiting any other remedies, Bottle may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
WHICH MEANS
To initiate a termination contact Support. Bottle will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through Bottle will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.
- Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days’ notice from Bottle. Such notice may be provided at any time by posting the changes to the Bottle Site (sendbottles.com) or by sending you an email.
Bottle reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
Bottle shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
WHICH MEANS
We may change or discontinue the service at anytime, without liability.
Rights of Third Parties
Save for Bottle and its affiliates, Bottle Users or anyone accessing Bottle Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
WHICH MEANS
Only Bottle, Bottle Users and persons accessing Bottle Services have any rights under these Terms of Service.
Privacy & Data Protection
Bottle is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Bottle’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
WHICH MEANS
Bottle’s use and collection of personal information is governed by our Privacy Policy.