Bbot, LLC. (“Bbot,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website located at www.bbot.menu (the “Site”) and our online menu and ordering websites, platforms, technologies, and services (such services, including any website containing a link to this page (each, a “Merchant Site”, and collectively, such Merchant Sites and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the following terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms”). By accessing, browsing, or otherwise using the Site, Merchant Sites, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised with a link to the prior Terms under “Last Updated”. You may read a current, effective copy of these Terms by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Service.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BBOT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Additional Terms: In addition, when using Services, you will be subject to any additional terms applicable to such Services that may be posted on or within such Services from time to time. All such terms are hereby incorporated by reference into these Terms.
Services Description: The Service is designed to simplify operations for the hospitality industry by allowing you to order food and beverages from your phone or other mobile device. Bbot offers fast and secure payments, integrations with major point of sale systems and tailored implementation plans and customer support.
Your Bbot Account: As part of the registration process, you may be required to create an account with Bbot (“Bbot Account”), in which case you will create username and password for the Bbot Account. You are responsible for maintaining the confidentiality of its login, password and account for all activities that occur under your Bbot Account, including but not limited to any monetary implications or charges associated with loss of access controls to your Bbot Account or your own negligence or violation of these Terms. Bbot reserves the right to access your Bbot Account in order to respond to its requests for technical support. You agree to (a) immediately notify Bbot of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from its account at the end of each session when accessing the Service. Bbot will not be liable for any loss or damage arising from your failure to comply with this paragraph. You are expressly prohibited from sharing your login, password, and/or Bbot Account with any other person or third party, including but not limited to via a group email account.
Modifications to Service: Bbot reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Bbot will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Bbot may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Bbot’s or its third-party service providers’ servers on your behalf. You agree that Bbot has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Bbot reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Bbot reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Bbot, including by uploading, posting, publishing or displaying (hereinafter, “uploading”) via the Service or by emailing or otherwise making available to other users of the Service (“collectively, “User Content”). The following are examples of the kind of content and/or use that is illegal or prohibited by Bbot. Bbot reserves the right to investigate and take appropriate legal action against anyone who, in Bbot’s sole discretion, violates this provision, including, removing the offending content from the Service, suspending or terminating the account of such violators and reporting the violation to law enforcement authorities. You agree to not use the Service to:
Competitors: No employee, independent contractor, agent, or affiliate of any competing food delivery logistics service company is permitted to view, access, or use any portion of the Service without express written permission from the Bbot. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Bbot or any of its affiliates, or acting on behalf of a competitor of Bbot in using or accessing the Service.
You agree to pay Bbot the amount that is authorized through your account, in accordance with these Terms. If you dispute any charges, you must let Bbot know within sixty (60) days after the date that Bbot charges you. We reserve the right to change Bbot’s prices. You will be responsible for all taxes associated with the Service, other than taxes based on Bbot’s net income.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Merchant Sites and integration partners (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Company and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to the person that acquires your old number.
Communications: By accepting these Terms, you consent and agree to accept and receive communications from us and/or any Merchants to the contact addresses and/or phone numbers you provide to us in connection with your Bbot Account or use of the Service, including without limitation via automated emails, SMS text messages, cellular or telephone calls, and push notifications (if applicable). You understand and agree that if you place an order or otherwise use the Service, we may share the information that you provide, including, but not limited to, your full name, birth date, address, email address, and/or telephone number, with our Merchant so that they may respond to your request. You hereby acknowledge and agree that when requesting services through the Service, you are consenting to be contacted by us and one or more Merchants by telephone (on a recorded line), automated calling, artificial voice or pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company and further that standard text messaging and call charges will apply. IF YOU WOULD LIKE TO OPT OUT OF PROMOTIONAL EMAILS YOU MAY UNSUBSCRIBE VIA THE LINKS PROVIDED IN SUCH EMAILS. IF YOU WOULD LIKE TO OPT OUT OF TEXT MESSAGES OR CALLS YOU MAY TEXT “STOP” FROM THE DEVICE RECEIVING SUCH COMMUNICATIONS TO THE SOURCE NUMBER OF SUCH COMMUNICATIONS AS YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL SMS TEXT MESSAGES OR PHONE CALLS AS A CONDITION OF USING THE SERVICE. IF YOU WOULD LIKE TO OPT OUT OF ALL COMMUNICATIONS FROM US, PLEASE CONTACT OUR CUSTOMER SUPPORT TEAM AT SUPPORT@BBOT.MENU OR VIA THE CONTACT INFORMATION PROVIDED AT THE BOTTOM OF THESE TERMS, HOWEVER, YOU ACKNOWLEDGE THAT THIS MAY AFFECT YOUR ABILITY TO EFFECTIVELY USE THE SERVICE.
Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Bbot, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks: The Bbot name and logos are trademarks and service marks of Bbot (collectively the “Bbot Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Bbot. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Bbot Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Bbot Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Bbot be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Bbot does not pre-screen content, but that Bbot and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Bbot and its designees will have the right to remove any content that violates these Terms or is deemed by Bbot, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Feedback: Any questions, comments, suggestions, ideas, feedback, reviews or other information about the Service (“Submissions”), provided by you to Bbot are non-confidential and Bbot will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
User Content: You acknowledge and agree that Bbot may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Bbot, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You, and not Bbot, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Bbot enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Bbot will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
You agree to defend, indemnify, and hold harmless Bbot, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Bbot Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Bbot Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Bbot Party. Bbot will provide notice to you of any such claim, suit, or proceeding. Bbot reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Bbot’s defense of such matter. You may not settle or compromise any claim against the Bbot Parties without Bbot’s written consent. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BBOT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE BBOT PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY BBOT PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE BBOT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL BBOT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BBOT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
You agree that Bbot, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Bbot believes, in its sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Bbot may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be affected without prior notice, and acknowledge and agree that Bbot may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Bbot will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Bbot will have no liability or responsibility with respect thereto. Bbot reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms (together with the terms and conditions incorporated by reference herein) constitute the entire agreement between you and Bbot governing your access and use of the Service and supersede any prior agreements between you and Bbot with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third Party Services, third-party content or third-party software. These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Bbot agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of Bbot to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of Bbot, but Bbot may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service. Bbot will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, pandemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Bbot’s reasonable control.
The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).
Please contact us at firstname.lastname@example.org to report any violations of these Terms or to pose any questions regarding these Terms or the Service.