BOTIM Terms of Service
Last updated 22 November 2022
This is an agreement between BOTIM, the owner and operator of BOTIM site, BOTIM software and BOTIM Content (collectively, referred to as the “Services”) and you (“you”), a user of the Services. By subscribing to the Services and using the Services, you accept, acknowledge and agree to these Terms and Conditions of the Services (the “Terms”) which can be found at https://botim.me/terms/ and which in accordance with paragraph 13 of these Terms shall form a binding agreement between BOTIM and you. If you do not agree to the Terms, you may not use the Services. The Terms apply to all users of all BOTIM Services.
2.2 In order to access and use the features of the Services, you acknowledge and agree that you will have to provide BOTIM with your phone number. You expressly acknowledge and agree that in order to provide the Services, BOTIM may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Services. When providing BOTIM your phone number, you must provide accurate and complete information. By subscribing and using the Services, you hereby give your express consent to BOTIM to use the phone numbers you provide to access and use the Services. You may never use another person’s phone number without their permission. BOTIM does not collect addresses or email addresses from any persons, only mobile phone numbers.
2.3 You must notify BOTIM immediately of any breach of security or unauthorized use of your phone, should this occur. BOTIM will not be liable for your losses caused by any unauthorized use of your account or phone, however, you may be liable for the losses of BOTIM or others due to such unauthorized use.
2.4 By agreeing to use the Services you accept these Terms and you agree: (a) not to use the Services and any applications made available to you for any illegal purposes or purposes that these are not intended to be used for; (b) to comply with age restrictions applicable to the Services; (c) not engage in any activity that would potentially exploit children, promote violence, terrorism, extremism or hate; (d) engage in activity that could lead to or considered misrepresentation, fraud or manipulation of any party; (e) not to harm the reputation of BOTIM brand and any of its Services or BOTIM intellectual property, software or hardware and not hack, amend, reverse engineer the systems or software; (f) not to emit or transmit any virus or bug to affect the Services or facilities; (g) not to infringe the intellectual property rights of others by sharing content that may be infringing third party copyright (either registered or not registered); (h) not to publicly display or use the Services to share inappropriate content or material (for example, involving nudity, pornography, offensive language, graphic violence, or criminal activity); (i) not to engage in phishing or sending or distributing unsolicited communication to other persons or entities or violate the privacy rules of others, such as marketing or spamming by contact requests, messages or calls; (j) not to promote, support or encourage illegal consumption of alcohol or tobacco; (k) not attempt to circumvent any restrictions on access to or availability of the Services; and (l) not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, etc., which access the Services in a manner that sends more request messages to the BOTIM servers in a given period of time than a human can reasonably produce in the same period by using a BOTIM application and not to digitally extract the content, unless specifically allowed. Notwithstanding the foregoing, BOTIM grants the operators of public search engines permission to use spiders to copy materials from the BOTIM website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BOTIM reserves the right to revoke these exceptions either generally or in specific cases. BOTIM disallows any efforts to reverse-engineer systems, protocols, or explore outside the boundaries of the normal requests made by BOTIM users. BOTIM does not permit using request modification tools such as fiddler or whisker, or the like, or any other such tool activities that are meant to explore or harm, penetrate or test the site. You must secure BOTIM’s permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on the Services. You also agree not to collect or harvest any personally identifiable information, including account names, from the Services.
2.5 In order to gain access to paid services, you expressly agree to comply with the relevant third party's terms and conditions in relation to the payment processing services, as further set out in the "Third Party Content and Services" section below.
3.1 Certain features of the Services, such as upgrading to a premium account, may require you to pay a separate fee in order to use them. If you choose to purchase these features, you expressly authorize us or a third-party payment processor to charge the payment method you provide for the applicable fee. All fees are non-refundable.
3.2 BOTIM offers auto-renewing one (1) month and one (1) year in-app subscriptions for premium advertisement free experience. Once you purchase these features and use all or any of them, or cancel your account before using all of them, you will not be entitled to a refund. BOTIM reserves the right to terminate or suspend your use of paid features of the Services at any time and for any reason, without liability.
3.3 BOTIM may change the price of paid features at any time and if you have a subscription with a fixed end date, you can continue to use the benefits of such paid features until the end of the subscription period without changes. If you do not agree to the new price at which the payable features are offered, you do not have to renew or extend your subscription.
3.4 If you are required to make a payment for any features of the Services, such payment shall be processed via payment facility provided by a third party payment facility provider. BOTIM shall not be liable for any errors, failures or other faults within the payment process or any payment related data that is being transmitted or received during such payment process as BOTIM has no access to such data and process and BOTIM is not involved in collection or storing any such payment related data. Should you have any issues with processing the payment please contact email@example.com.
4.1 In order to complete a mobile top-up, you will be required to provide certain information, including the mobile phone number, the amount of top-up that you wish to be delivered and confirm the mobile operator. To avoid the Services being provided to the incorrect phone number or mobile operator, BOTIM will ask you to confirm that the recipient details you have entered are correct. It is your sole responsibility to ensure that you have correctly inputted the information. The total amount (inclusive of all applicable taxes and charges) that you will be required to pay, and the mobile operator will be displayed clearly on the application before you are asked to confirm your transaction. Proceeding with the transaction at this point is entirely optional. The cost of mobile top-up will vary, depending on the amount of top-up that you wish to send according to the denominations displayed on the applications. Where an exchange rate has been applied, the actual amount that you are charged may vary as the payment processors’ foreign exchange rate may be slightly different at the time of settlement. You may also be charged a secure online processing fee in respect of mobile top-up through the application. If you choose to send an optional SMS to the recipient of the top-up, an additional message fee for this service may apply by your telecommunications’ service provider.
4.2 Upon successful payment, the Services are provided by BOTIM via the mobile operator. Occasionally, there may be a short delay before the relevant third party makes the services available to the recipient after successful payment. Where contact details have been provided, BOTIM will send you a confirmation direct message which contains details of the available Services as soon as your transaction has been successfully completed. You agree and understand that BOTIM only acts on your authorisation to send the top-up to the designated phone number and that the relevant third party (telecommunication services provider) shall be solely liable to you and the recipient of the top up for the provision of the mobile services related to the top-up. Once a top-up process is completed, it cannot be refunded or removed. You understand and agree that you will lose the right to cancel the mobile top-up process once it has been fully performed by BOTIM. Please note that the application may limit the number and value of the top up services that can be purchased or received over a specific time period (e.g. daily, weekly, monthly). Other limits and exclusions related to the use of the applications may be applicable from time to time.
5.1 Information provided or shared by the users of the Services may contain links to third party websites that are not owned or controlled by BOTIM. BOTIM has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. In addition, BOTIM will not, and cannot censor or edit the content of any third-party sites. By using the Services, you expressly acknowledge and agree that BOTIM shall not be responsible for any damages, claims or other liability arising directly or indirectly from or related to your use of any third-party websites.
5.2 BOTIM allows for third parties to advertise their services and allows the users to avail third party services using the BOTIM application. BOTIM also uses Mini Programs within the Services. “Mini Programs” are sub-applications within the BOTIM application. BOTIM may also make available through its Services other types of content or news. BOTIM is not responsible for and BOTIM does not endorse, support or guarantee the lawfulness, accuracy, reliability, functionality or relevance of any such news, advertisements, third party services, Mini Programs or content, displayed, submitted to, transmitted by or made available while using the Services. You acknowledge and agree that by using the Services, you may be exposed to content which may be inaccurate, misleading, defamatory, offensive, hurtful or unlawful. Any reliance on or use of any content that is made accessible via BOTIM Services is solely at your own risk. You expressly undertake to release BOTIM of any liability in relation to use and reliance on any third-party content made available through the Services. BOTIM shall not be responsible or liable for the performance of any third party advertising their services on the BOTIM application. Any complaints you may have in relation to the content or services that you may obtain or fail to obtain from third parties shall only be made against such third parties and not against BOTIM. Your use of the Services does not give you any rights in or to any third-party content you may access to or obtain in connection with your use of the Services.
5.3 BOTIM does not guarantee the quality, reliability or suitability of any third party services, programs (including any Mini Programs as made available on the BOTIM application) or websites provided, made available, advertised or linked through the Services (including any of BOTIM's associated platforms or services) and BOTIM bears no responsibility for your use of or relationship with any such third party service providers, programs or websites, including any payment obligations or fees that you may incur in your use of such third party services or websites.
5.4 BOTIM may review (but makes no commitment to review) content (including any content posted by users of the Services) or third-party programs or services made available through BOTIM application to determine whether or not they comply with BOTIM policies, applicable laws and regulations or are otherwise objectionable. BOTIM may, in its sole discretion, at any time remove or refuse to make available or link to certain content or third-party programs or services, if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of the Services.
5.5 There may be, from time to time, third party content, programs and/or services on BOTIM application that are subject to further terms from that third party. For example, these could be terms from relevant third party that originally produced or created content or service, terms in relation to promotional activities being held via the Services, terms relating to your use of third party-provided service using BOTIM login functionality or terms governing your use of any Mini Programs provided by a third party. You are solely responsible for reviewing and complying with any such third-party terms and conditions.
5.6 BOTIM has the right to remove, at its sole discretion and without notice to you, any content, programs and/or services that are made available within BOTIM Services (including any of BOTIM's associated platforms or services), in accordance with these Terms.
6.1 BOTIM Services allow users to submit User Status Submissions and Direct Messages. For the purposes of these Terms, “User Status Submission” refers to status message text, profile photo and other communications other than Direct Messages submitted by you, as well as the automatic submission of your “last seen” status. You are solely responsible for any User Status Submissions that are displayed for your phone number. The “Direct Messages” for the purpose of these Terms, refers to text, voice, photo, video, location and contact information messages you send directly to other users or groups of the Services.
6.2 The User Status Submissions and Direct Messages may be hosted, shared, and/or published as part of the Services, and may be visible to other users of the Services who have your mobile phone number in their mobile phone and which you have not expressly blocked. Direct Messages will only be viewable by those Services’ users or groups you directly send such information to but the User Status Submissions may be globally viewed by the users of the Services that have your mobile phone number on their phone, unless the user is blocked by you.
6.3 Currently, BOTIM has no method of providing different levels of visibility of your User Status Submissions among users that have your mobile phone number. You acknowledge and agree that any User Status Submissions may be globally viewed by other users that have your mobile phone number. For this reason, you should not submit User Status Submissions that you would not want to be seen globally. The submission of your ‘last seen’ status is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your User Status Submissions. You understand that whether such User Status Submissions are published, BOTIM does not guarantee any confidentiality with respect to any such submissions.
6.4 You shall be solely responsible for your own User Status Submissions and Direct Messages and the consequences of posting or publishing them. BOTIM is only acting as a repository of data, the User Status Submissions and Direct Messages do not represent the views or opinions of BOTIM, and BOTIM makes no guarantees as to the validity, accuracy or legal status of any such User Status Messages or Direct Messages. In connection with your User Status Submissions and Direct Messages made available at the Services, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize BOTIM to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all your User Status Submissions and Direct Messages to enable inclusion and use of the User Status Submissions and Direct Messages in the manner contemplated by the Services and these Terms; and (ii) you have a written consent, release, and/or permission of each and every identifiable individual person in the User Status Submission and Direct Messages to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status Submissions and Direct Messages in the manner contemplated by the Service and these Terms. For the avoidance of doubt, you retain all your ownership rights in your User Status Submissions and Direct Messages, but you must have the full rights to submit messages in the first place. By submitting the User Status Submissions to BOTIM, you hereby grant BOTIM a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Status Submissions in connection with the Services and BOTIM’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to BOTIM Services a non-exclusive license to access your User Status Submissions through the Services. The foregoing license granted by you terminates once you remove or delete a User Status Submissions from the Services.
6.5 In connection with User Status Submissions and Direct Messages, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have legal permission from their rightful owner to post the material and to grant BOTIM all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage BOTIM or any third party; (iii) submit material that is unlawful, constitutes adult content, obscene, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violates any law, or is otherwise inappropriate; (iv) impersonate another person; (v) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vi) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (vii) attempt to gain unauthorized access to the Services or its related systems or networks; and (viii) agree to be bound by the obligations set out in paragraph 2.4 of these Terms.
6.6 BOTIM does not endorse any User Status Submission or Direct Message, or any opinion, recommendation, or advice expressed therein, and BOTIM expressly disclaims any and all liability in connection with User Status Submissions and/or Direct Messages. BOTIM does not permit copyright infringing activities and infringement of intellectual property rights via its Services, and BOTIM will remove any User Status Submission or Direct Message if properly notified that such User Status Submission or Direct Message infringes on another’s intellectual property rights. BOTIM may also terminate a user’s access to its Services for repeat infringers. A “repeat infringer” is a user who has been notified of infringing activity previously and who continuously uses inappropriate or infringing User Status Submissions and/or Direct Messages. BOTIM reserves the right to decide whether a User Status Submission or Direct Message is appropriate and complies with these Terms, the law and other BOTIM polices (such as, but not limited to, excessive length or limited interest). BOTIM may remove such User Status Submissions, Direct Messages and/or terminate a user’s access for uploading any material in violation of these Terms at any time, without prior notice and at its sole discretion.
6.7 You understand that when using the Services, you will be exposed to User Status Submissions and Direct Messages from a variety of sources, and that BOTIM is not responsible for the accuracy, usefulness, safety or intellectual property rights in or relating to such User Status Submissions and Direct Messages, and that such User Status Submissions and Direct Messages are not the responsibility or liability of BOTIM. You further understand and acknowledge that you may be exposed to User Status Submissions and Direct Messages that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BOTIM with respect thereto, and agree to indemnify and hold BOTIM, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
7.1 The design of BOTIM Services along with all text, scripts, graphics, interactive features and the like, made available in connection with the Services (collectively, “BOTIM Content”), excluding all User Status Submissions (as defined in paragraph 6.1), and the trademarks, service marks and logos (the “Marks”) contained within the BOTIM Services, are owned by or licensed to BOTIM, subject to copyright and other intellectual property rights laws. Any software used by BOTIM to provide the Services is the sole property of BOTIM and any limited license to use the Marks and BOTIM Content shall not grant you any rights to the software used by BOTIM. You shall not attempt to circumvent or bypass any technological protection measures, disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of BOTIM application, BOTIM Site or BOTIM Content that is accessible through the Services or use the Services in any unauthorized way that could interfere with anyone else’s use of them. Subject to these Terms, you are granted a personal, non-exclusive, non-transferable, revocable, limited license to install and use, only in connection with the Services, the Marks and the BOTIM Content for personal purposes while using the Services. The Services, including the BOTIM Content, is provided to you is “as is” for your information and personal use. BOTIM reserves all rights not expressly granted in and to the Service and the BOTIM Content.
7.2 You agree to not engage in the use, copying, distribution or other exploitation of any of the Marks, the Services and the BOTIM Content for any other purpose than use of the Services and in any other ways than expressly permitted herein, including any use, copying, or distribution of the User Status Submissions of third parties obtained through the Services. Additionally, you acknowledge and agree that any content submitted, received, displayed or advertised within the Services may contain the intellectual property rights of others and you expressly agree not directly or indirectly to take any action that may damage the intellectual property rights of others. You further agree not to use the BOTIM Content in a manner that would infringe or violate the rights of any third party and that BOTIM is not in any way responsible for any such use by you.
BOTIM respects the intellectual property rights of others, and BOTIM asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify BOTIM of your concern in accordance with the procedure set forth below and BOTIM will investigate notices of alleged infringement to the extent possible. For any notification to be considered, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the BOTIM Services, with enough detail that BOTIM may find it on the Services; (d) your telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) a statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Should BOTIM, in its sole discretion after reviewing of the complaint, find the copyright notice is justified, it may take any actions it deems appropriate in the circumstance as permitted by the applicable law, including but not limited to blocking access to the Services, blocking transmission of content or terminating any subscription related to the alleged infringement. A notification of claimed copyright infringement should be emailed to BOTIM with relevant evidence at: firstname.lastname@example.org.
You agree that your use of the Services shall be at your sole risk and ‘as available’. To the fullest extent permitted by law, BOTIM, its affiliates, subsidiaries, officers, directors, employees, representatives, and agents disclaim all warranties, express or implied, in connection with the Services and your use thereof. BOTIM makes no warranties or representations about the accuracy or completeness of the Services’ content and assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of the content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; (iii) unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein; (iv) interruption or cessation of transmission to or from the Services; (iv) bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services through the actions of any third party, and/or; (v) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services; and (vi) breaches of any intellectual property rights of any person. BOTIM does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website or feature in the Services or any User Status Submission or other advertising or news, and BOTIM will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution, diligence and common sense, where appropriate.
10.2 You specifically acknowledge that BOTIM shall not be liable for User Status Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You agree that you will not use the Services while operating a motor vehicle, for time-critical or emergency services or event or for any operation where injury, death, or economic damage could occur. The Services are controlled and offered by BOTIM from its facilities in the jurisdictions where it is legally made available. BOTIM makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with applicable local law.
10.3 The Services offered through BOTIM may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. BOTIM endeavours to keep the Services up and running at all times; however, all online services suffer occasional disruptions and outages, and BOTIM shall not be liable for any disruption or loss you may suffer as a result of such interruptions or loss or unavailability of your stored data.
12.1 You may stop using the Services at any time. For Services that require separate payment, you may cancel the Services at any time, with or without cause and the cancellation will then be effective at the end of the subscription period and current billing cycle. There will be no refunds provided for any subscribed services for any reason.
13.2 You further represent and warrant that you are not an entity or person: (a) listed in the UAE Committee for Goods and Material Subjected to Import and Export Control Sanction List; or (b) listed in United Nations Security Council sanction list; or (c) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
15.1 BOTIM reserves the right to amend or modify these Terms at any time, and it is your responsibility to review these Terms for any changes from time to time. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Services. Your continued use of the Services following any amendment of these Terms signifies your assent to and acceptance of the revised terms.
15.2 BOTIM may make changes to the Services and update the software. Any such software changes and configuration changes may be implemented automatically or may require you to download or update the version of the software. It may also be required to remove certain features or functionality of the Services or discontinue any aspect of the Services or stop provision of Services completely. BOTIM accepts no liability to any person for any such changes.
16.1 The laws of England and Wales govern these Terms.
16.2 For the benefit of BOTIM, you and BOTIM irrevocably agree that the courts of Dubai International Financial Centre in Dubai, United Arab Emirates shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with these Terms, including any question regarding the existence, validity, interpretation, formation, performance, discharge or termination of the Services and the Terms. For these purposes, you and BOTIM irrevocably submits to the jurisdiction of Dubai International Financial Centre courts in Dubai, United Arab Emirates. However, nothing in this paragraph limits the right of BOTIM to bring proceedings, including third party proceedings, against you in any other court of competent jurisdiction (for example in your country of residence), and the bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by applicable law.
16.3 You and BOTIM agree that any cause of action arising out of or related to BOTIM Services must commence withing one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
17.1 These Terms, together any other legal notices or policies published by BOTIM and applicable to you, shall constitute the entire agreement between you and BOTIM concerning the BOTIM Services.
17.2 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect.
17.3 These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BOTIM without restrictions.
17.4 No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BOTIM’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
17.5 Should you need to contact BOTIM at any time to discuss any part of these Terms, make a complaint or suggestion, please contact BOTIM at email@example.com.
17.6 If you have an issue or you need help accessing BOTIM Services, you can first consult the FAQ on BOTIM Site at https://botim.me/faq/. If you do not find and answer to your query and still encounter the issue, you can either use the function ‘contact us’ on BOTIM Site or email BOTIM support team directly at firstname.lastname@example.org.