Effective Date: 01/01/2025
Welcome to BottleTrail (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of BottleTrail (the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
These Terms apply to all users, including registered or unregistered users and any entity or person acting on your behalf, who access or use the Service.
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.
We reserve the right, in our sole discretion, to change or modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website or providing notice to you. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes.
Marketing Metrics based on AI chat platforms like GPT, Perplexity, Claude, and Gemini. The Service provides AI sentiment analysis of your brand, strengths and weaknesses as seen by AI, competitor share of voice in AI conversations, and visibility across multiple AI models.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes in accordance with any documentation or usage guidelines provided.
We will use commercially reasonable efforts to ensure the Service is available 24/7, subject to scheduled maintenance, downtime, or factors beyond our control. We do not guarantee uninterrupted or error-free operation of the Service.
To access certain features of the Service, you may be required to register for an account. You must provide accurate, current, and complete information and keep your account information updated.
You are responsible for maintaining the confidentiality of your login credentials. You agree not to share your account credentials with any third party. You are solely responsible for any activity occurring under your account.
You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
We may offer various subscription plans with different prices and features. The fees for each plan will be set out on our website or in a separate order form.
Subscription fees will be charged on a recurring basis (monthly/annually or as otherwise agreed). Your subscription will renew automatically at the end of each billing cycle unless canceled in accordance with these Terms.
You must provide a valid payment method. By providing your payment information, you authorize us to charge your payment method the applicable subscription fees, along with any applicable taxes.
Except as required by law or outlined in our Cancellation and Refund Policy, all subscription fees are non-refundable. If you cancel, your subscription will remain active until the end of the current billing cycle.
If your payment is past due, we reserve the right to suspend or terminate your access to the Service until all outstanding fees are paid in full.
You agree not to:
You are responsible for ensuring that your use of the Service is in compliance with all applicable local, state, national, and international laws and regulations.
All intellectual property rights in and to the Service, including but not limited to software, text, graphics, logos, trademarks, and service marks, are owned by or licensed to the Company. Except as expressly granted in these Terms, no rights are granted to you.
You retain ownership of any data, content, or information you upload or otherwise transmit through the Service (“User Content”). By uploading User Content, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid-up license to use, reproduce, distribute, display, and adapt your User Content solely for the purpose of providing the Service.
If you provide feedback or suggestions about the Service, we may use such feedback or suggestions without obligation to you and you irrevocably assign any rights in such feedback to the Company.
Each party agrees to protect the other party’s confidential information. Confidential information does not include information that is (a) publicly available, (b) obtained from third parties without violation of confidentiality obligations, or (c) independently developed without use of the confidential information.
Our collection, use, and disclosure of personal data in connection with the Service is governed by our Privacy Policy ([link to your Privacy Policy]). By using the Service, you consent to our Privacy Policy.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, OR USE) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS (USD $100) IF NO FEES HAVE BEEN PAID FOR USE OF THE SERVICE.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (i) your use of the Service, (ii) your breach of these Terms, or (iii) your violation of any rights of a third party, including intellectual property rights.
You may cancel your subscription or terminate your use of the Service at any time by following the cancellation process outlined on our website or contacting our support team. Termination is effective at the end of the current billing cycle.
We reserve the right to suspend or terminate your access to the Service at any time, for any reason, including a breach of these Terms or non-payment of fees.
Upon termination, (a) all licenses and rights granted to you in these Terms will immediately cease, and (b) you must discontinue all use of the Service. Sections intended by their nature to survive termination (e.g., confidentiality, disclaimers, limitations of liability, and indemnification) shall survive.
These Terms shall be governed by and construed in accordance with the laws of California, USA, without regard to its conflict of law provisions.
Any dispute arising out of or in connection with these Terms that cannot be resolved amicably shall be resolved by binding arbitration under the rules of California Arbitration. The seat of arbitration shall be California, and the language shall be English. Judgment on any award may be entered in any court having jurisdiction.
To the maximum extent permitted by applicable law, all disputes shall be resolved on an individual basis and you hereby waive any right to litigate any claims as a plaintiff or class member in any class or representative proceeding.
These Terms (together with our Privacy Policy and any other legal documents or policies referenced herein) constitute the entire agreement between you and the Company regarding your use of the Service.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
The failure by either party to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision.
You may not assign or transfer these Terms or any rights or obligations herein without the Company’s prior written consent. The Company may freely assign or transfer these Terms.
Any notices or other communications required hereunder will be in writing and delivered either by email (to the address you provide) or by posting on the Service. Notices to the Company should be sent to: admin@bottletrail.com
Neither party shall be liable for any failure or delay in performing obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control (e.g., natural disasters, war, acts of terrorism, riot, labor difficulties, power failures, internet or telecommunications failures).
If you have any questions or concerns about these Terms, please contact us at:
Email: admin@bottletrail.com
Thank you for using BottleTrail!