Last Updated: 2023-10-26
This Terms of Use Agreement (the “Agreement”) constitutes a legal agreement between you and Raidbots LLC (“Raidbots”) and governs your access to and use of Raidbots’ services, including the Raidbots.com website (the “Site”) and Raidbots software (collectively, “Services”). Some of the Services are made available without cost (“Free Services”), while the use of other Services requires a paid subscription (“Paid Services”). Your access to and use of Paid Services is subject to our Purchase and Payment Terms set forth after the end of this Agreement.
BY CHECKING A BOX OR CLICKING A BUTTON INDICATING YOUR ASSENT TO THIS AGREEMENT OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE RAIDBOTS PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY, YOU MAY NOT USE OR ACCESS THE SERVICES.
Eligibility. You may not use the Services if you are under the age of 13. If you are 13 or older, you may use the Services only if you are over the minimum age of consent required for entering into a valid contract in your country or jurisdiction. If you are 13 to 18, you may only use the Services with the permission of your parent or legal guardian. If you’re a parent or legal guardian, and you allow your child to use the Services, then these terms apply to you and you’re responsible for your child’s activity on the Services. If Raidbots previously disabled your account for violating this Agreement or any of our policies, or for legal reasons, you may not create a new Raidbots account or use the Services without our written permission.
License Grant. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely as contemplated under this Agreement. All rights not expressly granted to you in this Agreement are reserved by Raidbots and our licensors.
Restrictions. In connection with your access to or use of the Services, you are prohibited from:
accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate, or search the Site, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome, Microsoft Edge);
using any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Site, or taking any action that imposes an unreasonably or disproportionately large load on the Raidbots network or infrastructure;
attempting to probe, scan, or test the vulnerability of a Raidbots system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site or through the Service, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works from Raidbots software, Raidbots Content or User Content that is not your own;
using or attempting to use any Raidbots Content, User Content, or any other data or information found on or accessed through the Services as input into or for the development or training of generative artificial intelligence, machine learning, algorithms, software, or related technologies;
distributing viruses, malicious code, malware or any other technologies that may harm Raidbots, the Services, or a user of the Services;
violating any applicable laws, rules, or regulations;
circumventing or violating any Raidbots technical measures, security measures, or policies;
violating, infringing, or breaching the rights of Raidbots or a third-party, including, but not limited to any copyrights, trademark rights, patent rights, trade secrets rights, rights of publicity or personality, moral rights, or any other proprietary rights; or
submitting to or through the Services any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or User Content.
Accounts
You have the option to create a Raidbots account. If you wish to purchase Paid Services, you must create a Raidbots account. During the account creation process, we will ask you for information, which may include personal information (“Account Information”). You must provide accurate and complete Account Information, and you must keep that Account Information current.
You are fully responsible for all activity that occurs under your Raidbots account, including for any actions taken by persons to whom you have granted access to the account. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to or uses your password or your account. Therefore, please keep your password confidential. If you believe that the security of your account has been compromised at any time (e.g., through theft or the unauthorized use of your password), please notify us promptly at support@raidbots.com.
Raidbots may suspend or terminate your Raidbots account at any time, for any reason. If you have purchased Paid Services and Raidbots suspends or terminates your account for any reason other than your breach of this Agreement, Raidbots will provide a pro-rata refund of the Fees paid by you for the Paid Services applicable to the period following the date of suspension or termination.
Site Content
The Services may include functionality for uploading or providing feedback, suggestions, information, and materials (“User Content”). You grant Raidbots, its successors and assigns, a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your User Content throughout the world in any media for the purpose of providing the Services; provided that we will only use your Account Information for purposes of creating, maintaining, and administering your account and providing the Services to you. You retain ownership of and all rights in your User Content, subject only to the limited license you grant to us in this Agreement.
You will not upload or provide User Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property rights; (d) contains corrupted data or any other harmful, disruptive, or destructive files; or (e) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Raidbots or its customers or other persons to harm or liability of any nature.
We have no obligation to monitor any User Content. However, we reserve the right to prohibit the uploading or submission of User Content and to remove User Content at any time and for any reason without notice. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content. You should back up any User Content that you upload or submit to the Services.
You may submit comments, suggestions, and ideas about the Services (“Feedback”). Submitting Feedback is entirely voluntary, and Raidbots will be free to use any Feedback you submit as we fit without any obligation to you.
You are solely responsible for backing up all User Content you submit to or through the Services. To the fullest extent permitted by applicable law, Raidbots may delete any User Content you submit, at any time, with or without notice to you, and without incurring any liability to you.
Raidbots Content and Intellectual Property Rights. All rights, title, and interest in and to the Services and its components (including all intellectual property rights) will remain with and belong exclusively to Raidbots or its licensors, including the rights to any text, graphics, images, music, software, audio, video, documents, works of authorship of any kind, and information or other materials that are made available by us through the Services, excluding User Content (“Raidbots Content”). The Services, Raidbots Content, the Raidbots name, and the Raidbots logo are protected by copyright, trademark, patent, and/or other laws of the United States and other countries. This Agreement does not grant you any rights to Raidbots trademarks or service marks.
Third-Party Sites and Services. References on the Site to any third parties, including persons or companies, and to any products or services of such third parties, are provided solely as a convenience to you. Raidbots does not endorse, recommend, approve of, or make any representations or warranties regarding any third parties or their products or services. Raidbots may provide links to third-party websites. Raidbots is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. Third-party websites and services are governed by the terms and policies of their third-party providers (“Third-Party Terms”), and not the terms and policies of Raidbots. You may be required to agree to Third-Party Terms if you visit a third-party website or use a third-party service. If you decide to follow a link to any third-party website, you do so entirely at your own risk.
Privacy. The Raidbots Privacy Policy explains how Raidbots collects, stores, uses, shares, and protects the personal information you provide to Raidbots. Please familiarize yourself with the Privacy Policy prior to using the Services.
Warranty Disclaimer. THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAIDBOTS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RAIDBOTS DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR HARMFUL CODE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RAIDBOTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. IN NO EVENT WILL RAIDBOTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
IN NO EVENT WILL RAIDBOTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR YOUR RAIDBOTS ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF RAIDBOTS IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO RAIDBOTS FOR YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $100.
THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF RAIDBOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Indemnification. You will indemnify, defend, and hold Raidbots and our employees, members, directors, agents, and representatives harmless from and against any and all claims, costs, losses, damages, judgments, assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (d) your violation of any law, rule or regulation of the United States or any other country.
Miscellaneous Terms.
Changes to this Agreement. We may amend this Agreement at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on the Site, or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted but will not apply retroactively. Your use of the Services after we post a Revised Version constitutes your acceptance of such Revised Version.
Changes to the Services. We may make changes or updates to the Services available to you, which you must accept to continue using the Services. Any such changes or updates may be subject to additional terms made known to you at that time. We may suspend or cease provision of the Services, in whole or in part, at any time, with or without notice to you.
Severability. If any provision of this Agreement is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Waiver. No waiver of any term or condition of this Agreement will be deemed a further or continuing waiver of such term or conditions or any other term or condition.
Assignment. Unless expressly authorized by Raidbots, this Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
Force majeure. Neither party will be liable for any failure in performance due to causes beyond that party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet carriers, acts or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of the Services)). This section will not, however, apply to your payment obligations.
Electronic Communications. You consent to receive communications from us, including email messages to the email address you provide to us if you sign-up for a Raidbots account or update your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive marketing and promotional communications as a condition of using the Services. You may opt-out of receiving marketing and promotional email communications we send to you by following the unsubscribe options on such emails.
Governing Law; Jurisdiction and Venue. This Agreement will be construed in accordance with and governed exclusively by the laws of the State of Washington applicable to agreements made among Washington residents and to be performed wholly within Washington, regardless of the parties’ actual domiciles. Any legal action or proceeding arising under or in connection with this Agreement will be brought exclusively in courts located in King County, Washington, and Raidbots and you irrevocably consent to the personal jurisdiction and venue in such courts.
Entire Agreement. This Agreement, and any applicable additional terms and policies incorporated into or referenced by this Agreement, constitutes the complete statement of the agreement between you and Raidbots regarding the Services. In the event of a conflict between this Agreement and any other Raidbots terms or policies, this Agreement will prevail and control the subject matter of such conflict.
If you purchase Paid Services, you agree to these Purchase and Payment Terms, which are in addition to the terms and conditions set forth in the Terms of Use Agreement.
Subscriptions; Fees; Payment Methods. Raidbots Paid Services include subscriptions to premium services (a “Subscription”). Different Subscription levels and Subscription durations are available and are described in the support section of the Site and, if you have created a Raidbots account, within your account interface. Subscriptions require the payment of fees (“Fees”). Before you pay any Fees, we will provide you with an opportunity to review Fees. Raidbots may specify the payment method(s) by which you must make payments. If you pay by debit or credit card, your debit or credit card number are processed by Raidbots’ third-party payment processor and are not stored on Raidbots’ systems. By providing your authorized payment method and electing to purchase a Subscription, you authorize Raidbots or its third-party payment processor to charge your authorized payment method for all amounts due.
Taxes. Unless stated otherwise, all Fees are exclusive of any and all applicable federal, state or local use, excise, value-added, gross receipts, sales taxes, duties, universal service assessments or other similar liabilities, other than general income or property taxes imposed on Raidbots. (“Taxes”). All such Taxes, however denominated, that are levied on the Paid Services provided to you or Fees paid by you, chargeable to or against Raidbots by any governmental authority, shall be passed through to, and shall be payable by, you. However, nothing in this section shall be construed to make you responsible for any general income or gross receipts tax due from and chargeable against Raidbots.
Subscription Term; Automatic Renewal of Subscription. By purchasing a Subscription, you agree that your Subscription will continue for the period of time you select at the time of purchase (the “Subscription Term”). YOU FURTHER AGREE THAT AT THE END OF EACH SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A SUBSCRIPTION TERM OF EQUAL DURATION UNLESS AND UNTIL WE TERMINATE YOUR SUBSCRIPTION OR YOU CANCEL YOUR SUBSCRIPTION AS DESCRIBED BELOW IN SECTION 7 OF THESE PURCHASE AND PAYMENT TERMS. We will provide you with advance notice of the end of your Subscription Term as required under applicable law.
Automatically Recurring Fees and Payment. UNLESS WE TERMINATE YOUR SUBSCRIPTION OR YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE RENEWAL OF YOUR SUBSCRIPTION TERM, THEN FOR EACH SUCH RENEWAL SUBSCRIPTION TERM, YOUR AUTHORIZED PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED THE SUBSCRIPTION FEE IN EFFECT AT THE TIME OF SUCH RENEWAL, PLUS ANY TAXES, ON THE APPLICABLE ANNIVERSARY (WHETHER MONTHLY, EVERY 3 MONTHS OR EVERY 6 MONTHS) OF YOUR BILLING DATE; PROVIDED THAT IF SUCH SUBSCRIPTION FEES ARE HIGHER THAN THE FEES PAID BY YOU FOR THE IMMEDIATELY PRECEDING SUBSCRIPTION TERM, WE WILL PROVIDE YOU NOTICE OF THE NEW FEES PRIOR TO THE TIME OF THE RENEWAL. If the billing date of your Subscription is on the 29th, 30th, or 31st day of a month, and your billing date does not exist in a particular month because there are fewer than 29, 30, or 31 days, as applicable, then your billing date for that particular renewal will be on the last day of the month in which your billing date would otherwise fall.
Interest and Late Charges. If you fail to pay amounts due when such amounts are due, late charges of the lesser of one and one-half percent (1.5%) per month or the maximum allowable under applicable law may also become payable by you to Raidbots. If you fail to pay any amount payable hereunder when due, you agree to pay, in addition to the past due amount and any applicable interest charges, all reasonable expenses incurred by Raidbots in collecting past due amounts, including, but not limited to, all expenses of any legal proceeding related to the past due amount and all reasonable attorneys’ fees incurred in connection with such proceeding. No failure by Raidbots to request payment of any past due amount shall be deemed a waiver by Raidbots of your payment obligations.
Subscription Changes. You may change your Subscription level or Subscription Term through your account interface. For more information, please refer to this section of our support pages.
Subscription Cancellation. You may cancel your Subscription at any time. To cancel a Subscription, you must log into your account and use the cancellation mechanism provided prior to the next scheduled renewal date of your Subscription to avoid being charged for the next Subscription Term. If you cancel your Subscription, you may continue to use the applicable Paid Services until the end of your then-current Subscription Term, after which your ability to access the Paid Services will terminate. If you cancel your Subscription, you will not be eligible for a refund of any portion of the Subscription Fees paid for the then-current Subscription Term. If Raidbots does not receive payment for a Subscription renewal on or prior to the date of renewal, Raidbots may terminate or suspend your Subscription and/or access to the applicable Paid Services.
Refunds. Except as otherwise set forth in the Terms of Use Agreement, below, or as required by applicable law, all Subscription purchases are final and Raidbots reserves the right, in its sole discretion, to provide or not provide a refund. For more information, please refer to our Refund Policy. If you are a consumer resident in an EU country, you can choose to cancel your Subscription purchase for any or no reason within the first 14 days from the day on which you receive confirmation of your Subscription purchase. To meet the cancellation deadline, you must cancel your Subscription using the method described in Section 7 of these Purchase and Payment Terms before the 14-day period has expired. If you successfully submit a cancellation request within the required 14-day period, we will refund you the purchase price within 14 days from the date of receipt of your successful cancellation request. In making the refund, we will use the same means of payment as you used for your order, unless you and we agree otherwise.