Terms of Service
Bottomright is a product of Squircle tech. (referred to as “us”, “we”, or “our”). By accessing or using our service located at https://bottomright.ai (the “Website”), you (collectively, “you”, “user” or “Customer”) agree to terms set out in this agreement. The Services are defined as your access to the Website and the information you receive from Bottomright through the Website (the “Services”). We reserve the right to change terms set in this agreement. When we do so, we will update this page and mark the date when updates were made.
Eligibility
The Services are solely for access and use by Authorized Users (as defined below). By using the Services, you represent and warrant that you (a) have the right, authority, and capacity to enter into this Agreement and (b) will abide by all of the terms and conditions of this Agreement. If you have agreed to become a paying customer for the Services, then your eligibility to use the Services shall be contingent on your continued compliance with the terms of the applicable purchase agreement and this Agreement. If you have not agreed to become a paying customer for the Services, your use of the Website is still subject to this Agreement.
Availability of and Access to Services
Bottomright will attempt to provide continuous availability and access to Services. In the event that we are unable to provide access for reasons beyond our control, we will communicate the reasons for the outage and expected duration of the outage clearly and explicitly to the Customer. These outages could be due to third parties that the Service depends on, such as, but not limited to Amazon AWS or other third party service providers. Also while we will make commercially reasonable attempts to backup all Customer data, in the event of recovery from disaster, the Customer may have to reconfigure the Service to get it back to the state it was in before the outage. Bottomright is hosted by a third party hosting service provider. Bottomright and its third party service providers have implemented and maintain commercially reasonable technical and organizational security measures designed to meet the following objectives: (a) ensure the security and confidentiality of Customer data in Bottomright's and/or its third party service providers' custody and control; (b) protect against anticipated threats or hazards to the security or integrity of Customer data; (c) protect against unauthorized access to or use of Customer data; (d) encrypt Customer's Content and data during transmission by Bottomright and its third party service providers and when being uploaded by Customer for use in connection with the Services using an https connection; and (e) ensure that Bottomright's return or disposal of Customer data is performed in a manner consistent with the foregoing. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures to access your data for improper purposes. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, confidential information and property.
Proprietary Rights in Content of Bottomright
The Services contain the copyrighted material, trademarks, patents, trade secrets, and other proprietary information (“Intellectual Property”) of Bottomright and its suppliers and licensors. Bottomright and its suppliers and licensors own and retain all proprietary rights in the Services, including all Tools. “Tools” include functionality provided through the Services that supports Collaborative Editing, Chat, Code Compilation, Video Chat, Notes and any similar functionality, including any improvements, modifications, or derivative works to any of the foregoing. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or otherwise use any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any content and material included therein. You may not: distribute, sub-license, translate, reverse-engineer, decompile, or disassemble the Services or Intellectual Property or the source code thereof, or attempt to derive the source code thereof in any other way, save and only to the extent any foregoing restriction is prohibited by applicable law; modify the Services or Intellectual Property or merge all, or any part, of the Services or Intellectual Property or the source code thereof into another program; or remove, modify or alter any Bottomright’ Intellectual Property from any part of the Services or Intellectual Property or the source code thereof.
Ownership and Content
Customer will retain all Intellectual Property rights in Customer Intellectual Property that may be provided by Customer to Bottomright (“Customer Property”) under this Agreement. You understand and agree that Bottomright may copy, use and modify any information that you provide to Bottomright, including all suggestions supplied by you that relate to the Services (collectively, “Content”) for the sole purposes of providing the Services to you and to improve the quality of Bottomright products and services. Furthermore, you hereby agree that Bottomright shall have an unlimited, royalty-free, worldwide and perpetual license to use, copy, distribute, practice and make derivatives works of, under any intellectual property rights you may have, including but not limited to copyrights, trademarks, trade secrets and patents, all suggestions supplied by you to Bottomright. By providing Content to Bottomright, you represent and warrant that you have the right to provide such Content to Bottomright and such Content does not infringe, misappropriate, violate or contravene any laws, regulations or third party rights (including, without limitation, any rights in Intellectual Property). Use of Services
You must use the Services in a manner consistent with any and all applicable laws and regulations. Bottomright and its suppliers use reasonable efforts to protect the confidentiality of Content you provide. Bottomright cannot guarantee that unauthorized third parties will never be able to defeat those measures to access content for improper purposes. Customer acknowledges that there are risks inherent in Internet connectivity that could result in the loss of Customer’s privacy, confidential information and property. Customer also acknowledges that Customer is under no obligation to provide Customer’s confidential information in order to use the Service.
Indemnity
You agree to indemnify and hold Bottomright, its subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from, any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Bottomright will defend or settle, at its expense, any action brought against Customer based upon the claim that the Services, when used in accordance with the Agreement, directly infringe an issued U.S. patent or registered copyright; provided, however, that: (i) Customer notifies Bottomright promptly in writing of any such claim; (ii) Customer does not enter into any settlement related to any claim without Bottomright's prior written consent; (iii) Bottomright has sole control of any claim and all related settlement negotiations; and (iv) as requested, Customer provides Bottomright with all information and assistance necessary to settle or defend the claim. If the Services become, or may, in the opinion of Bottomright, become the subject of a claim of infringement of any third party intellectual property right, Bottomright may, at its option, and as Customer’s exclusive remedy: (i) procure the right for Customer to use the Services; (ii) replace or modify the Services to make them non-infringing; or (iii) refund any fees paid in advance by Customer for the Services.
Publicity
You grant Bottomright the right to identify you as a user in Services promotional material. At any point in time you can submit a written request via email to support@bottomright.ai to have Bottomright remove your name, within thirty days of your request, from promotional material.
Privacy
The Bottomright Online Privacy Policy (the “Privacy Policy”), as amended from time to time, is hereby incorporated by reference into this Agreement. You may be requested to submit personal data in connection with your use of the Service. The ways in which Bottomright collects and uses personal data, and your rights to request access to and correction of your personal data, are regulated by the Privacy Policy in accordance with applicable law. You consent to the transfer of your personal data to any department or office located anywhere in the world where Bottomright’ global organization does business from time to time. A copy of the Privacy Policy is available on Bottomright’ website by clicking the link at the bottom of the page or by clicking this link. You can request a copy of the Privacy Policy by contacting Bottomright’ Privacy Officer at support@bottomright.ai.