Terms of Service

1. perform a full system restart periodically (see SHUTDOWNS; RESTARTS)
2. install necessary Windows updates periodically (see WINDOWS AND OTHER UPDATES)
3. immediately report any suspected malware or security alert at [email protected]
4. immediately report any unusual behavior of the device at [email protected]
5. immediately stop use and shut down the device if there is any evidence of overheating or severe system instability, and report the issue at [email protected]

Failure to report overheating will leave you susceptible to liability for loss or damage.

CODE OF CONDUCT

We expect all users and v-Bot representatives to behave in a respectful manner.

Slurs, threats, or derogatory comments against an individual or group based on any protected trait (i.e. race, gender, nationality, disability, or similar) will not be tolerated.

Harassment, intimidation, slander, libel, defamation, inappropriate comments directed at underage persons, sexually oriented or vulgar remarks, content that infringes on personal privacy, or any form of expression that suggest that an individual or group should be grievously harmed, or mentions or implies suicide, or justifies crimes against humanity, or which may incite violence, will not be tolerated.

Abusive or aggressive behavior, refusal to reasonably cooperate, or excessive use of profanity toward a v-Bot representative may result, at the discretion and tolerance of the individual, in the termination of communications with you, with or without warning.

You agree that we are not liable for any consequences you may experience, which arise due to our response to your behavior; you are solely responsible for your behavior and the repercussions thereof, up to and including the immediate and permanent termination of your services with us, should you breach these terms.

MINIMUM AGE; LEGAL USE

v-Bot Services are not intended for use by anyone who is not of legal age or status to use, purchase, or otherwise interact with our services; or to enter into, agree, or consent to a contract; or is not permitted by any law to use or access these services. Additionally, v-Bot requires all Users to be, at minimum, thirteen (13) years old at the time of registering a User Account.

By using our services, the User warrants that they are at least thirteen (13) years of age, and the User is lawfully able to accept the agreement. Furthermore, the User affirms that they are not prohibited from the use of any part of our services, or the use of a terminal to access our services, or the use of the internet.

Additionally, the User attests that they will not use our services to access any content that is prohibited by any applicable law, from the location from which the User accesses services, or from the location(s) in which the User is, by definition, a resident or citizen.

GENERAL INFORMATION; USE; LICENSES; SOFTWARE

v-Bot dedicated remote devices work like a standard PC, and the User will have access to the typical functions of a standard PC, including use of an operating system and software.

Unless otherwise specified, our dedicated devices are configured with Windows 11 Pro pre-installed. We may, at our discretion and by User request, agree to install certain distros of Linux as a secondary local operating system. The User also has the freedom to install any available operating system on a virtual desktop hosted on our device; any licensing required for the installation is at the cost and responsibility of the User, as v-Bot does not offer licensing for other operating systems.

v-Bot solely owns the license for the operating system on our remote devices, and we authorize the personal or private use of this license by the User for the duration of services provided to the User by us.

Users may store data and content on the dedicated remote device, and install certain third-party software, which will be available for use every time the User connects to the device. We make no warranty that any third-party software will remain available or functional, except to the limits of our control, i.e. updates to drivers or frameworks which are necessary to provide functionality.

Software that is available for download on the website ninite.com is pre-approved by v-Bot and is generally considered safe. We are not responsible for, nor do we have any right or claim to, ninite.com or any software contained, offered, or made available therein.

Users are permitted to link and use peripherals, including gaming controllers, printers, scanners, cameras, and similar. Though the configuration of the device and operating system are compatible with most peripherals, we make no warranty that peripherals will function or function as intended. Additionally, some peripherals may be affected by the User connection, bandwidth, or related; it is the responsibility of the User to ensure the use of a sufficient internet connection from the User location.

We do not permit the installation or use of Logitech G-Hub, or any other softwares commonly referred to as “hardware controllers” or “RGB controllers”, on our devices; some of these softwares have a known history of complications, which may significantly interfere or impact certain applications, including many games. This in no way reflects any bias or opinion against Logitech or other entities which produce, license, or sell these softwares, and is merely a condition of use for our services.

All software, either supplied incidentally by v-Bot or by a third party, is licensed for use by the User, but is not, in any way, sold or transferred to the User. The license grants the User personal, limited, non-exclusive, non-transferable, non-shareable, and revocable access for private use of the software on a compatible terminal.

The license is granted solely for the duration of service and is revoked upon the termination of services, regardless of reason. v-Bot, and third-party holders of rights, reserve all software rights which have not been expressly granted by these conditions.

The User is not authorized or permitted to circumvent or avoid any protection measures including or related to the software or the license thereof; this includes copying, reverse engineering, exporting, lending, distributing, transferring, or similar.

v-Bot provides, or may provide, many softwares which are licensed as open-source. We do not guarantee access to all available software from all terminals, as some softwares have specific requirements regarding such factors as operating system, minimum hardware specifications, or similar; it is the responsibility of the User to determine the suitability of the terminal or remote device for a particular software.

Services are provided as-is and as-available, to the extent permitted by law.

DISCLAIMER

To the fullest extent of the law, we make no warranties, either express or implied, with respect to our services. We disclaim any representations or warranties including, without limitation, the fitness of our services for a particular purpose, even if we have in some way implied or inferred that our services may be fit for such purpose; in these cases, we have expressed an estimated ability of our services and not a guarantee.

Except for liability for fraud fraudulent misrepresentation, or gross negligence, we and our affiliates are in no way liable to the User or any third party for indirect, special, punitive, incidental, consequential, or any other type of damages; or any loss of use, business, goodwill, profits, or otherwise; or the loss of files, content, media, emails, contacts, or other User data; or any damage to User hardware, software, or otherwise, even in cases where we were warned of the possibility of such damages.

Our liability, or the liability of our affiliates, for claims relating to any service, will be capped at the higher of one-hundred (100) USD or the amount paid by the User for the service concerned in the previous six (6) months prior to the claim, except for the liabilities that we cannot limit by law.

INDEMNITY

The User will indemnify and hold harmless v-Bot, and our affiliates, and our directors, officers, employees, representatives, and owners, from any claim, cost, liability, loss, or settlement in connection with a third-party claim arising from, or in connection to, a violation by the User of any terms, provisions, or conditions.

USER ACCOUNT

In order to access our services, Users must create a User Account. The account belongs solely to one User, and cannot be shared by other User Accounts; however, a User Account may have multiple v-Bot services attached to it. The User Account will contain some personal info, specifically first and last name, email address, regional details such as country, and potentially other, similar information.

The User agrees to provide accurate, current, and complete information, and to promptly update this information if it changes. Inaccurate, outdated, or incomplete information may result in suspension or termination of services, without notice, at our discretion. We may also deny you future access to services.

You must maintain a valid email address while using our services so we may communicate with you as needed. Failure to provide valid, active contact details will result in poor communication; we are not liable for any missed or lost communications.

PROHIBITED USE

Use of our services implies that the User will act in a reasonable and responsible manner. The use of services is reserved exclusively to the User for personal or private use, and you are prohibited from misusing the services or permitting, assisting, or facilitating a third-party to misuse our services.

Additionally, we prohibit:

1. advocating, participating, or otherwise being involved with illegal activities
2. violating local, state, national, federal, or international laws, rules, or regulations
3. creating, uploading, or sharing fraudulent, defamatory, or misleading content
4. violent or pornographic content which may be accessible by underage persons
5. violent or pornographic content that depicts underage persons
6. content that infringes on copyright, patent, trademark, or proprietary rights
7. use of our services to distribute or otherwise share copyrighted material
8. hacking or attempting to hack into any systems or networks
9. any form of penetration testing, unless granted specific permission
10. probing, analyzing, or testing vulnerabilities of a system or network
11. violating, bypassing, or forcing any security or authentication
12. accessing or modifying any system, network, or service without permission
13. mining cryptocurrencies or breaking encryption keys
14. sending unwanted messages, spam, promotions, or advertisements
15. modified, misleading, or false source information, spoofing, phishing, etc.
16. attempts or actions related to identity theft
17. interfering or attempting to interfere with the proper function of services
18. accessing, using, or modifying areas that are non-public or stated restricted
19. deleting any notice, disclaimer, copyright, or similar, from services or software
20. using or modifying our logo, website, or service content without written consent
21. sharing, copying, or reverse engineering any code, hardware, or other feature belonging to us, or in any way taking actions that are harmful to us
22. disabling, altering, or circumventing or attempting to, any device or feature of services, security, authentication, access restriction, restart or shutdown mechanism, storage limit, or other feature as imposed by us
23. reselling services or making all or part of service available to third-parties, in return for payment or for free
24. disrupting access of a third-party or other User to a host or network, including viruses or malware, data overloading, sending spam or a large number of emails or requests, or related activities to any part of our services or third-party services

The above list is not exhaustive, with regard to any applicable laws or regulations as pertaining to the location from which the User uses our services, or from which the User activated our services.

We reserve the right to suspend or terminate the use of services which may interfere with or disrupt hardware or general functioning of our services, or which is in conflict with our Code of Conduct. Additionally, we reserve the right to review conduct and content for compliance.

We may take other actions as deemed necessary and appropriate if we have reason to believe there has been a violation.

CONTENT

We reserve the right to monitor and remove or modify content from our website, open-posting areas, or related interests which is contrary to our Code of Conduct.

You acknowledge that we are under no obligation to monitor, remove, or modify content posted by Users, nor are we liable for that content.

Third-party software, applications, websites, and other interests may have their own terms and conditions; we disclaim any liability which arises from, or in connection with, the third-party.

FORCE MAJEURE

For the purposes of this agreement, a Force Majeure is described as a substantially impactful event, including wars, riots, civil unrest, natural disasters, acts of God, or other events that disrupt transportation, power, or telecommunications services.

We are not liable for any effect of a Force Majeure on our ability to deliver services, and in the event that we are unable to regularly deliver services due to a Force Majeure, the provisions of this Agreement will be suspended until such time as we are able to return to our normal operations.

CONNECTION REQUIREMENTS

An internet connection is required to access our dedicated devices, website, and most or all other services; we do not provide this connection for Users, nor do we cover the cost or any related service, item, or feature. The User is responsible for obtaining and maintaining their own internet connection.

Quality of service depends on the quality of the internet connection. Basic computing tasks may be viable at lower bandwidth and speed, however, activities such as gaming will require a high-speed, broadband, stable connection to enable optimal use and performance. We are not liable or responsible for poor quality service due to a poor connection by the User, or for interruptions to service due to interruptions to User internet access.

Our services function most optimally when accessed by an ethernet connection; WiFi or other radio connections may significantly impact the quality of your experience. We do not recommend any connection type other than ethernet, and especially not Power Line Communications (“PLC”) connections.

The use of our services, specifically the remote connection between the User and our dedicated devices, is likely to result in high levels of data transfer; we are not responsible for any cost incurred by the User for an overage of data usage. While many internet service providers offer unlimited data, it is the responsibility of the User to confirm their data limits, if any, and to act accordingly.

Our services may be accessed from any location where it is not prohibited by law; however, the distance between the User and our device locations may have an effect on the quality of your connection and services, as a result of the additional time required to send data. This latency will be more apparent to certain activities, such as multiplayer or online gaming. We are not liable for any issues which may arise due to extended distances between you and our devices.

Unless specified otherwise, we install the remote connection software AnyDesk on our dedicated devices for your use in connecting to the remote device. You will need to install AnyDesk on any terminal you intend to use to remotely connect to our device, in order to facilitate the connection. For personal use, AnyDesk is free of charge and offers multiple security features including two-way encryption and 2FA. However, if you are not comfortable or pleased with this particular software, and you desire to use a different remote connection software, we may agree to allow the use of your preferred software. You can request this change by contacting us on our website.

Virtual devices do not currently permit incoming remote connections from Users.

COST OF SERVICES; PRICE CHANGES; SERVICE MIGRATIONS

The cost of services is the price that is indicated to the User when the User activates services by purchasing an access license, not the price indicated when the User registers a User account.

We reserve the right to remove, replace, or otherwise modify any service. If we remove, replace, or modify a service to which a User is currently licensed, we will either continue to honor that particular service and price for the remainder of the subscription term, or, at our discretion, migrate the User, with notice, to the most similar existing service for the same price as the previous service. The most similar existing service will meet or exceed the User benefits of the previous service; if, for any reason, we cannot meet or exceed the previous service with the new service, we will offer the new service at a discounted price to the User, or the User may choose to terminate services.

If you return to our services in the future, you will be subject to the price which is in effect at the time you return; you will not receive the price you previously received if the price has changed since the last time you had services with us.

PAYMENTS; LATE FEES; DECLINED PAYMENTS; CHARGEBACKS

The cost of services may be paid online by any means of payment which is indicated on our website. Upon submitting payment, and once initial authorization is received from the issuing bank, in accordance with applicable law, the User's commitment to pay by the chosen method is irreversible. By submitting payment, the User confirms that the User is the holder of the payment card or account, that the card or account is valid, and that there are sufficient funds to fulfill the payment.

We do not accept partial payments, trades, or any other type of payment besides that which is listed on our website. Partial payments or promises to pay will not prevent the suspension or termination of your services, as all services must be paid in full for each billing period.

Payments that are more than two (2) days late will incur a late fee of five (5) USD, and an additional five (5) USD every two (2) days thereafter, for a maximum of twenty-five (25) USD per month in late fees.

For payments that are authorized and later declined or reversed by the issuing bank for any reason other than an error on our part, there is a twenty-five (25) USD returned payment charge for each attempt, up to a maximum of three (3) attempts; after three (3) attempts, we will suspend your service pending a new payment method, and invalidate your existing payment method with us either temporarily or permanently to help prevent fraud.

Any chargeback activity will result in the immediate termination of all services, pending review. Fraudulent chargebacks will result in permanent termination and refusal of any and all future services, as well as your liability for any losses or costs incurred by v-Bot as a result of your actions. You are expected to contact us and follow our dispute process prior to initiating any actions against us, including chargebacks or other actions that may result in chargebacks. See DISPUTES for more information.

REFUNDS

Month-to-month services are not eligible for refunds; however, unless your services were terminated by the breach, your services will remain online until the expiration of the current billing period.

For services that are longer than one month, such as quarterly or annual licenses, and which are not terminated by the breach, you may be eligible for a partial refund of your remaining account balance, less the cost of the current month, any liabilities, and any discount you may have received in exchange for selecting a longer term. Additionally, we do not offer refunds for less than five (5) USD, nor greater than one-hundred (100) USD on any account, for any reason; any amount lower or higher will be held as an account credit for two (2) years from the date of termination of services, at which time you will forfeit any claim to the remaining funds.

Services which are terminated for any egregious breach of this Agreement, such as a breach of the Code of Conduct, or an attempt to penetrate our networks or circumvent security, will not be eligible for a refund of any kind, for any reason. Egregious breaches shall be determined at the discretion of v-Bot.

SUSPENSION; TERMINATION; REFUNDS DUE TO TERMINATION

We reserve the right to suspend or terminate services without warning due to a breach of this Agreement. The degree to which you have breached this Agreement shall be determined by v-Bot, and a decision to terminate by breach may include factors such as the seriousness of the offense, whether the breach is repetitive, the number and scope of the breaches, the effect of the breach on us or our services, or the responsibility which is pressed upon us in relation to the breach. A breach of the Code of Conduct, or similarly serious offenses, will result in immediate termination of services.

In the case of late payments, or partial or incomplete payments, we will suspend your services for

non-payment two (2) days past the payment due date. For example, if your payment is due on 01 June, we will suspend your services on 03 June.

Once your services have been suspended, you will have an additional seven (7) days to pay any overdue amount; if you do not submit payment during this time, then we will terminate your services. For example, if your payment is due on 01 June, your service was suspended for non-payment on 03 June, and you have still not paid the past-due amount by 10 June, we will immediately terminate your services.

Termination of services will result in the loss of all data on the device. See DELETION OF DATA for more information.

For User-requested terminations, services will be terminated at the end of the current billing cycle. The last day of the existing billing cycle is referred to as the date of final termination of services. See USER REQUEST TO TERMINATE for more information.

If, at the time of termination or services, you owe any amount to us, and you do not have a balance available in your v-Bot account to cover this amount, then we will charge your existing preferred form of payment or any other payment method you have provided if your preferred method fails to authorize. If we are unable to process this payment on any form of payment you have provided, you are still liable for this amount plus any related fees, and if the total balance owed remains unpaid for sixty (60) days, we may take any necessary actions to recover the amount owed, plus any fees or other costs incurred in our recovery efforts.

USER REQUEST TO TERMINATE

To request termination, contact us at [email protected]. We must authenticate your identity before we are able to complete your request; to confirm your identity, you must include your first and last name, and username in your email to us.

You understand, acknowledge, and accept that, by requesting to terminate services, any and all of your data stored on our device will be immediately, permanently, and irreversibly deleted at the end of the existing billing cycle. See DELETION OF DATA.

STORAGE

Storage capacity and availability are as described in the device specifications. We may, at our discretion, offer additional storage options in the future or based on demand. The User is responsible for acquiring, purchasing, and maintaining external storage methods, including the recommended backup data storage. v-Bot does not cover any costs associated with external storage or other services not provided by us.

DATA OWNERSHIP, USE, AND COLLECTION

User data, including files, content, media, emails, contacts, intellectual property, and similar, belong to the User and in no way belong to us. The User grants us limited rights to use the data to the extent necessary to provide a proper function of our services provided to the User. Other than these limited rights, the User does not grant us any rights to the data.

v-Bot has the right to host, save, and share data as required for the normal function of our services and remote devices, or to examine data for the purposes of decoding, encoding, transferring, or related.

We have the right to remove data that is in violation of our Terms of Service. We are not liable for the deletion or accidental loss of data; it is the responsibility of the User to take necessary measures to protect data, especially against viruses or other risks associated with the internet, and to ensure regular backups of data to a location, not on our devices, such as cloud storage or another drive.

If the User chooses to share data with a third party, the User accepts all responsibility and liability for sharing the data. Please be very cautious when sharing.

Any personal data the user sends to or from our device is the sole responsibility of the User. The User is the custodian of this data, and decides what data to send, and what is done with that data once it is transferred. v-Bot is not liable or responsible, under any circumstances, for processing this data, or for data sent outside of the United States.

Additionally, we are required to collect certain personal data on the User. We collect as little data as possible. See our Privacy Policy on our website for additional details.

DELETION OF DATA

It is the responsibility of the User to ensure that all information and data have been retrieved from the remote device by the effective date of termination of services. On the effective date of termination of services, v-Bot will immediately and permanently delete any data on the remote device; the data will not be recoverable.

Services that are terminated due to a breach of this Agreement will have all data deleted immediately. Please back up your data regularly.

PRE-ORDERS; REFUNDS FOR NON-DELIVERY

Devices or services which are made available on a pre-order basis are either not yet available, or not yet fully available. The User will be informed of the estimated date on which we expect the service or device to be accessible.

By pre-ordering a device or service, the User accepts the risk that the device or service may not be available by the estimated date; v-Bot will endeavor to meet all deadlines, but we make no guarantee or warranty that a device or service will be available on or by a specific date.

In certain circumstances, we will offer a refund or account credit for pre-ordered services, if the pre-order amount exceeded ten (10) USD as reflected on the receipt provided to the User, and the service is officially cancelled by us without fulfillment. These refunds are not automatic and must be requested by the User, and will be claimable for twelve (12) months from the date of notice for the pre-order refund as described above; the notice of the refund offer will be posted on our website. Amounts of ten (10) USD or less may be credited to your v-Bot account only, and are not eligible for a refund; you must submit a request for this credit.

If the User has not contacted us by the time the twelve (12) month period has expired, the User forfeits any rights to the refund or account credit, and the matter will be considered closed.

REFERRAL PROGRAM

Information on our referral program, when available, will be on our website. By signing up for referrals, the User agrees to participate in good faith. Users are not permitted to self-refer, code-spam, or otherwise abuse the referral program. Committing any of these acts will result in expulsion from the referral program; any referrals by the User will be null and void, and User will not be allowed to rejoin the referral program. If a monetary reward, account credit, or discount was offered in exchange for these referrals, the User will be responsible for paying back any reward provided by us as incentive for the referrals which we have deemed invalid; failure to repay these rewards will result in termination of services. Invalidation of referrals will be at the discretion of v-Bot.

HARDWARE UPGRADES

v-Bot periodically replaces our hardware to provide the best experience to our Users, and to remain competitive. We are solely responsible for selecting the hardware we use; Users may not make demands or complaints regarding our hardware choices, with exception to changes in hardware which is thought to be likely to result in reduced services.

SHUTDOWNS; RESTARTS

v-Bot does not impose any type of automatic shutdown or standby procedure on our dedicated devices, regardless of device idle time, and with exception to scheduled or critical maintenance periods.

On our dedicated devices, we expect you to restart the system approximately once per month, see USER RESPONSIBILITIES for more information. We recommend a system restart every seven (7) to ten (10) days, but no more than one (1) per day, for best performance and to help prevent system instability.

It is important to note that a restart is not the same as a fast restart, and a fast restart is not sufficient to maintain the system. Additionally, there is a difference between a restart and system power states, such as shutdown, sleep mode, hibernation mode, and hybrid sleep mode.

For our purposes, only a true and full system restart will be considered sufficient to maintain the system, and we have disabled fast restart on all v-Bot dedicated devices as to not confuse these options. You are not permitted to re-enable this option for any reason.

WINDOWS OR OTHER UPDATES

On dedicated devices, it is the responsibility of the User to regularly check for, and install, Windows updates, including any optional updates; many driver updates such as audio and graphics will appear under the Optional Updates section. See USER RESPONSIBILITIES for more information.

On virtual devices, v-Bot manages and updates the device, and performs all required maintenance and upkeep as necessary to normal operations.

Users are not permitted, under any circumstances, to upgrade, downgrade, or modify the operating system from Windows 11 Pro to any other operating system, i.e. Windows 11 Home, Windows 10, Windows 12, Linux, etc. If you do so, you will be liable, at a minimum, for the cost of a Windows license; v-Bot does not accept any liability for this.

MAINTENANCE, SCHEDULED AND CRITICAL

We may suspend services from time to time, in order to perform maintenance, updates, or other actions on the devices or network, which are intended to sustain or improve the services provided to the User. We will warn the User by email and within the User Account prior to any maintenance, with the exception of critical or otherwise urgent situations. During maintenance, we will also perform a restart, check for Windows and driver updates, and, if deemed necessary, run a malware scan and disk optimization, or other related actions. Additionally, we will gather basic metrics information on the device hardware, in order to track ongoing system stability and performance.

DOWNTIME; COMPENSATION FOR LOSS OF USE

In the event of downtime on our services which lasts more than twenty-four (24) hours, and occurs as the result of a disruption that is within our control, you may request a credit to your v-Bot account of five (5) USD per additional twenty-four (24) hours of downtime, not to include the first twenty-four (24) hours, up to a maximum of thirty (30) USD per account per incident, and a maximum of sixty (60) USD per account per calendar year.

For the purposes of this section, an incident is described as any event which is actually or reasonably considered to be under our control, and which causes the inability of a User to access our device; downtime is the length of time of an incident.

We will not compensate any incident that is the result of a Force Majeure, or unavoidable or unforeseeable event or act of a third party, or caused by User fault. We are also not liable for incidents that are caused by the internet, or User connection, or any period of scheduled or critical maintenance of services, devices, or network.

You can request a downtime credit on our website.

INFORMATION REGARDING OUTAGES

Select v-Bot dedicated devices and related network equipment are connected to a voltage-regulated, uninterruptible power supply (“UPS”), which provides stable backup power for approximately thirty (30) minutes in the event of an anomaly or disruption in energy delivery. If normal power delivery is not restored before the battery nears depletion, the UPS is configured to attempt to save data and execute a graceful shutdown on our dedicated devices, to help prevent system and data corruption or damage.

In the event of a power anomaly or network disruption, we will, when possible, post a notice on our website of such an event. We are not liable for any consequence from failure to communicate, as we cannot guarantee the ability to send or receive messages or data during an incident.

REPUTATION; REVIEWS

You are freely permitted to discuss or mention v-Bot, or share links for public pages on our website, provided that you do not represent us or our services in a misleading, derogatory, or offensive way, or in a way which will cause us harm. We do not prohibit the submission of reviews of our services on any platform, be they good or bad, provided the review is honest, true, and not exaggerated or misleading in any way. We reserve the right to remove, without warning, any posts which violate this Agreement.

ADDENDUMS

v-Bot may, from time to time, make changes to this agreement.

You will receive notice of any changes 30 days in advance, where possible. If it is not possible to provide 30 days notice, we will provide as much notice as we are able.

You will have 30 days from the date of notice to refuse any changes. You must refuse in writing.

If you refuse a change to this agreement, you understand that we will close your account, effective at the end of the current billing cycle, but not to exceed 30 days.

It is your right to refuse changes, and your account will be closed in good standing.

You may be asked, where required by law, or where the change may have a direct negative impact on your services, to confirm positive agreement to the changes.

If you do not refuse a change within 30 days of the notice, and you continue to use our services, then it is assumed that you accept the new terms.

COMMUNICATION

v-Bot services are digital in nature, and it is reasonable to expect you to have access to digital communication methods.

We will primarily contact you by email using the address you provided in your account.

We reserve the right to contact you by other means, including through your v-Bot account or the v-Bot device.

We prefer that you contact us on our website, or at [email protected].

DISPUTES

You and we both agree that we will attempt to settle any dispute amicably between us before initiating any official proceedings. The dispute period will last no longer than fifteen (15) days, unless an extension is agreed upon, in writing, by both parties.

It is your right to open a dispute. You will not be penalized or experience any retribution on our part for exercising this right.

During the dispute period, your currently paid services will remain online for your use, barring any extenuating circumstances, and unless requested otherwise by you. During this time, if payment is due for your services, you will have the option to either pay the amount due or suspend your services. Suspension of services during a dispute will temporarily preserve your data, and your data will not be intentionally deleted during this time; in the event that the dispute is resolved and you decide to resume services, your data will remain on the device for this period of the dispute. While we will make true efforts to preserve your data during this time, we are still not liable for any loss of data.

If we are unable to reach a resolution or agreement within 15 days, then both parties will be free to begin official proceedings, notwithstanding any requirement listed in the MANDATORY ARBITRATION section.

MANDATORY ARBITRATION

You and we both agree to mandatory arbitration of any dispute, if we are unable to reach a resolution during the dispute period as detailed in DISPUTES above.

Arbitration is a cost-effective, amicable method of resolving disputes. It is for this reason that we prefer arbitration wherever possible.

An Arbitrator from the American Arbitration Association (adr.org) will preside over the arbitration, and you and we agree to accept a final and binding decision as delivered by the Arbitrator. Responsibility of arbitration fees, or other fees related to the arbitration, shall also be determined by the Arbitrator.

You have the right to opt out of mandatory arbitration within 30 days of first registering your account with us. To opt out, visit our website. Once you have opted out, your opt-out status is persistent, even if you leave and later return to our services; you can choose to opt in again at any time.

MISCELLANEOUS

This Agreement is governed by the laws of the State of Arizona, United States, and constitutes, along with the Privacy Policy and any declared addendums, the entire contract between v-Bot and the User.

The terms, conditions, and provisions herein are originally drawn up in English. If translated, the English version will be considered valid for contractual or legal purposes.

This Agreement supersedes and replaces any prior agreements as to this subject matter, and creates no third-party beneficiary rights.

Any forbearance or waiver of conditions set forth in this Agreement, regardless of frequency or duration, will not be construed as an amendment, deletion, or revocation of conditions, or a granting of rights; either party may cancel this Agreement at any time. Our failure to enforce a provision does not imply a waiver of our right to enforce such a provision in the future.

If one or more of these terms, conditions, or provisions is found to be invalid, or declared void in accordance with applicable law, regulation, or as the final decision of a competent court, this will not affect the force and scope of any other part of this Agreement. In this case, if the parties agree to replace the portion which was declared null, it shall be replaced by a term or terminology which is as close as possible in content and context to the part initially adopted, and at the will of all parties.

The User may not assign any rights under this Agreement; any attempt to do so will be rendered null and void. Additionally, the User may not modify this Agreement in any way, or in any form, without the express written consent of v-Bot; any attempt to do so will also be rendered null and void.

We may, at our discretion, assign our rights to any representative, affiliate, or successor who holds an interest in any business associated with our services.

EFFECTIVE DATE

This Agreement is effective and updated as of 22 May 2024.