Last updated: December 22, 2024

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Saasberry Apps, Inc., doing business as Statsbot ("Statsbot", “we”, “us”, or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

FEES AND PAYMENT

We accept the following forms of payment:

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US Dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

CANCELLATION

All purchases are non-refundable. You can cancel your subscription at any time. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at support@statsbot.xyz.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without our written permission.
  2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email.
  3. Use a buying agent or purchasing agent to make purchases on the Site.
  4. Use the Site to advertise or offer to sell goods and services.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Site.
  6. Engage in unauthorized framing of or linking to the Site.
  7. Trick or defraud us and other users in an attempt to learn sensitive account info.
  8. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. Engage in any automated use of the system, such as scripts for sending messages.
  10. Interfere with, disrupt, or create an undue burden on the Site or the networks connected to the Site.
  11. Attempt to impersonate another user or person.
  12. Sell or otherwise transfer your profile.
  13. Use any information obtained from the Site to harass, abuse, or harm another person.
  14. Use the Site in any effort to compete with us or for any unauthorized revenue-generating endeavor.
  15. Decipher, decompile, or reverse engineer any software comprising the Site.
  16. Attempt to bypass any measures designed to prevent or restrict access to the Site.
  17. Delete any copyright or other proprietary rights notice from the Content.
  18. Harass, annoy, intimidate, or threaten any of our employees or agents.
  19. Copy or adapt the Site’s software, including but not limited to HTML, JavaScript, or other code.
  20. Upload or transmit viruses or other material that interferes with any party’s use of the Site.
  21. Use or launch any unauthorized script or software that accesses the Site.
  22. Upload or transmit material that acts as an information collection mechanism without our express permission.
  23. Disparage or harm us and/or the Site, in our opinion.
  24. Use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. However, we may provide you with the opportunity to create or post content to us or on the Site, including but not limited to text, video, audio, graphics, comments, or personal info (“Contributions”). Contributions may be viewable by other users and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site’s Privacy Policy.

When you create or make available any Contributions, you represent and warrant that you own or have the necessary licenses and permissions for all such materials, and that your Contributions do not violate any law, regulation, or third-party rights. Any violation may result in termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide in accordance with the Privacy Policy and your choices.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership and are solely responsible for your Contributions. You agree to exonerate us from any and all responsibility regarding your Contributions.

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, you are granted a revocable, non-exclusive, non-transferable, limited right to install and use the application on your devices strictly in accordance with these Terms of Use. You shall not decompile, reverse engineer, or otherwise violate any part of the application or applicable laws.

Apple and Android Devices

When accessing from the Apple Store or Google Play (an “App Distributor”), you agree to comply with the App Distributor’s terms of service. The App Distributor is not obligated to provide any maintenance or support for our application.

SUBMISSIONS

Any questions, comments, suggestions, ideas, or other information you provide are non-confidential and shall become our sole property. We shall own exclusive rights to these Submissions and shall be entitled to their unrestricted use.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to other websites (“Third-Party Websites”) or third-party content. We do not investigate or monitor such websites or content for accuracy or appropriateness, and we are not responsible for any Third-Party Websites accessed through the Site. If you leave our Site and access Third-Party Websites, you do so at your own risk.

U.S. GOVERNMENT RIGHTS

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If acquired by any agency within the Department of Defense or not, these Terms of Use apply in accordance with relevant FAR or DFARS regulations.

SITE MANAGEMENT

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms of Use and to take appropriate legal action against anyone who violates the law or these Terms. We may manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

If you believe any material on the Site infringes upon your copyright, please notify us using the contact information provided at the end of these Terms.

TERM AND TERMINATION

These Terms of Use remain in full force while you use the Site. We may deny access to the Site, block certain IP addresses, or terminate your account without notice or liability for any or no reason. Upon termination, your right to use the Site ceases immediately.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change or discontinue the Site at any time without notice. We will not be liable for any modification, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times and will not be liable for any outages.

GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

Before initiating arbitration, both parties agree to attempt to resolve any dispute informally for at least thirty (30) days.

Binding Arbitration

If informal negotiations fail, the Dispute will be resolved by binding arbitration under the Commercial Arbitration Rules of the AAA. You understand that by choosing arbitration, you waive the right to a jury trial. The arbitration will take place in Delaware, unless otherwise required by AAA rules.

If a Dispute proceeds in court rather than arbitration, it shall be in the state and federal courts located in Delaware, and you consent to jurisdiction there.

Restrictions

The Parties agree arbitration is limited to Disputes between the Parties individually and no class action or representative actions are allowed.

Exceptions

Disputes related to intellectual property rights, piracy, or unauthorized use are not subject to informal negotiations or arbitration.

CORRECTIONS

Information on the Site may contain typographical errors or inaccuracies. We reserve the right to correct any errors at any time without notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE SITE’S CONTENT OR ANY WEBSITES LINKED TO THE SITE, AND WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US IN THE PAST SIX (6) MONTHS, IF ANY.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from any loss or liability arising out of your use of the Site, breach of these Terms, or violation of any third-party rights. We reserve the right to assume exclusive defense of any claim at your expense.

USER DATA

We will maintain certain data you transmit to the Site for the purpose of managing the Site’s performance. You are solely responsible for all data you transmit. We are not liable for any loss or corruption of data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree they satisfy any legal requirement that such communications be in writing.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

MISCELLANEOUS

These Terms and any policies posted by us on the Site constitute the entire agreement. A failure to enforce any right does not waive that right. We may assign our rights and obligations at any time. If any provision is unlawful or unenforceable, the remaining provisions remain in effect.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Saasberry Apps, Inc.

2093 Philadelphia Pike #1051 Claymont, DE 19703 United States

Email: support@statsbot.xyz