Terms & Conditions
Welcome to Botshop
- Hi, we’re Botshopand welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘Portman Holdings LLC’ it’s because that’s who we are and we own and run the Botshop site.
- Botshop’s ecosystem of digital marketplaces helps people around the world get creative and earn online. When you create an account and accept these terms you become a memberof our community. You will have a Botshop accountthat will allow you to buy and sell items like the ones found on the Botshop site and make other related transactions.
- The Botshop site is a platform that allow members to buy and sell licenses to use digital items like bots, plug-ins, website themes, software code, and more. On Botshop, buyers and sellers transact with each other directly and we provide the platform to allow the transactions to happen. If you have a Botshop account, any transactions are logged on your member’s statement, which records the payments made by you to sellers via Botshop (as a buyer) and by buyers via Botshop to you (as an seller).
- The items on Botshop are owned by the sellers, not by us. The items on Botshop are uploaded at the direction of the seller. We provide the platform services; we do not take ownership of the items.
- During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. Your presence on and use of the Botshop site is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.
How browsing and membership works
- Browsing: You need to be 18 years or over to browse the Botshop site. We don’t knowingly collect any information from anyone aged 17 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Botshop site whether or not you’re a member.
- Age: You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
- Botshop Account: Membership is free. When you become a member you get a Botshop account. Your membership will allow you to ‘buy’ (license) items from sellers, participate in our online forums, and generally contribute to our ecosystem of the Botshop site that help people get creative. Membership also gives you the opportunity to become an seller.
- Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for a Botshop account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Botshop site including any activity that occurs in conjunction with your username and password, if you have a Botshop account, so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unsellerized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the Botshop Terms carefully.
- Referrals: As a part of our Affiliate Program, if you refer a new member to the Botshop sites you may be eligible to receive affiliate income. You can find out more about the Affiliate Program and the terms applying to referrals here.
How buying items works
This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Botshop.
- What you’re buying:
- Item support: Sellers can choose whether or not to support certain items. If a Seller chooses to support an item, this will be identified on the item page. All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires a Botshop.
To learn more about item support, like what items are covered, what sellers provide, the support period and support extension options, see the item support policy.
- Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Botshop like 24/7 buyer support, fraud protection, item quality control and other related buyer services.
You can read more about the awesome buyer services buyers get from us over at Why Buy From Us information page.
- The total price for an item on Botshop is made up of:
- Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
- Buyer fee: This is the fee for the buyer services you get from Botshop
- Handling fee: In some transactions on Botshop the total checkout price may include a handling fee.
- Taxes: Some transactions on Botshop may be subject to tax that may be added to the price.
The list price is made up of the item price and buyer fee, and is the price you see on an item page.
Transacting as a buyer:
- When you Buy Nowyou will be redirected to a payment methodprovider.
- Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Botshop. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
This means that you may incur additional costs when purchasing from Botshop, which we have no control over.
- Terms of buying: When you buy a Botshop item you’re doing so on the following terms:
- you warrant to us and the seller that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
- you cannot cancel a completed purchase of an item;
- we and the sellers do not promise that any particular item will continue to be available on Botshop so you should download and save the item as soon as you buy it;
- once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
- the seller retains ownership of the item;
- your relevant details may be provided to the seller of the item in order to facilitate the transaction, for example for invoicing and item support services; and
- we have the right to enforce against you the terms of the license that you have acquired from an seller.
It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.
- Warranties we make:
- We warrant that the Botshop site will be suitable for the purposes described on the sites, and that we will provide our platform services with reasonable skill and care.
- We otherwise do not make any expressed or implied warranties about the Botshop site (or any items on the Botshop site).
- Warranties sellers make: The seller of an item you buy warrants to you that:
- the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
- the item matches the description given by the seller on the item preview page, as well as any item preview;
- they will honor any expressed warranties given to you that are not contained in these terms;
- they have the rights necessary to license that item on the terms of applicable license;
- your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- if the item is marked as ‘supported’, they will provide you with the services as outlined in the item support policy;
- they will process your data in accordance with applicable privacy law and data protection regulations.
This is what sellers are promising you when you buy an item.
- Sales Tax. Prices and fees made for supplies made to you (whether by Botshop or sellers) in connection with these terms exclude consumption and sales taxes (Sales Tax). If a supply is made to you under or in connection with these terms on which Sales Tax is imposed, the fee you must pay for that supply is increased by the Sales Tax amount.
- Other taxes. You are responsible for paying all such taxes and imposts associated with your use of Botshop wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. If a withholding is required by applicable law, you will remit the legally required amount to the applicable taxing sellerity; you must pay to Botshop (or sellers) the gross amount on the invoice(s) such that the amount received by Botshop (or sellers) after the withholding tax is applied is the full amount Botshop (or sellers) would have received if no withholding or deduction had been made (and it is your responsibility to arrange the remittance of the gross invoice amount in accordance with Botshop’s standard processes).
- Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
- Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the seller has been breached, or a refund is required under the Botshop Refund Rules or other relevant consumer protection laws.
- We will assess refund or credit requests (if you have a Botshop Market account) on their merits, considering the digital nature of Botshop items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
- you have changed your mind about an item;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you ask for goodwill; or
- you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
- If the seller or we decide to issue a refund or credit (if you have a Botshop account), this will generally be done using the same manner used to make the purchase; if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse.
- Disputes lodged with payment agents: If, as a buyer via your Botshop account, you lodge a dispute with a payment agent, this will result in a freezing of your Botshop account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Botshop account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
Becoming a seller
- What we own: We own all the Botshop contentthat we have put on Botshop (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Botshop website, and copyright, trademarks, designs and other intellectual property on Botshop. We own all the trademarks, logos, service marks and trade names on Botshop (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Botshop Content or use any of our intellectual property in any way not expressly stated in these terms.
- What we don’t own: We do not own the items on Botshop; our sellers do. Items are uploaded at the direction of the seller. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the Botshop do not infringe the intellectual property rights of a third party. (Each seller provides promises to you directly when you purchase their item.)
- Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that sellers do the same.
- Model and property releases: Items are available for commercial use (unless stated otherwise by the Seller on an item page). Sellers are responsible for obtaining and keeping a model or property release if one is needed; please ask the seller directly if you need a copy of a release.
Our use of your information
- Confidential Information: We value your information and take reasonable precautions to protect it. While using Botshop, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through Botshop to any other person.
- Prohibited Conduct: We strongly recommend that you don’t make your contact details public on Botshop or in any public communications via Botshop. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policyand you do so at your risk!
- Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think that the content is misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Botshop and any content might result in liability to us or anyone else. See our Acceptable Use Policyfor further details.
- Community participation: We take great pride in our global and thriving community—it’s part of what makes Botshop great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on Botshop, please read the Community Guidelines, as you agree to follow them as part of these terms.
Linking; apps made by others
- Linking to Botshop: We’d be delighted if you decide to link to Botshop from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on Botshop. That includes no “in-line” linking methods resulting in images hosted on Botshop being displayed on other sites. You must not “frame” any Botshop pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Botshop be discontinued, and to revoke your ability to link to the Botshop.
- Links from Botshop: Botshop sites may contain links to other non-Botshop sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
- Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with Botshop. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.
- Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Botshop complies with these terms and our policies. We can suspend or terminate your Botshop account at any time for any reason (acting reasonably of course), including if you:
- breach these terms or any terms applicable to any of your other Botshop accounts;
- breach any of our policies (or policies of any other Botshop Company);
- act in a way that does not align with the values of our community; or
- act in a way that could cause us or members harm.
If we do decide to permanently terminate your Botshop account, you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your Botshop accounts you use on other Botshop sites.
- Botshop Companies: If an indemnity, limitation or disclaimer of liability, warranty or release (a ‘benefit‘) is given in our favour in these terms, the Seller Terms or Affiliate Terms, we hold that benefit on trust for the other Botshop Companies. We may enforce that benefit as trustee for and on behalf of the other Botshop Companies as beneficiaries under that trust.
- We may use the services of another Botshop Company to conduct payment or other activities with you, like collecting payments and paying seller earnings. If you make a Buy Now payment, we receive your payment as a limited agent for the seller and your obligation to pay the seller is met when we (or another Botshop Company) receive the payment successfully.
Liability and indemnity – between us and you
- We provide Botshop and the platform services, not the items on the Botshop site.
- You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Botshop and any content you post to Botshop (including, if you are an seller, your items).
- If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
- the items on Botshop;
- information provided by sellers about their items (including on any item page); and
- your use of items from Botshop.
- Our liability to you in connection with Botshop or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
- our total liability to you is limited to the greater of USD100 and the total buyer fees paid by you in the 12 months before liability accrued.
These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.
We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so, you agree to cooperate with us.
Liability and indemnity – between sellers and buyers
- Each seller grants to each buyer of the seller’s items a limited indemnity on the following terms:
- if another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
- if that buyer promptly notifies the seller of the claim and gives the seller the option to control the defense of the claim (at the seller’s cost), then the seller will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the seller regarding that claim.
- The liability of each seller to their buyers is otherwise limited, for each item purchased, to the seller’s earnings from the payment for that item, except to the extent that the seller’s liability arises from willful misrepresentations made about the item.
This means that the seller’s liability to buyers is limited.
- Availability: We strive to have Botshop available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Botshop, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Botshop works. The Botshop Companies will not be liable to you for any loss you suffer as a result of these things.
- Third Party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal agency to bind that third party.
- Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees‘). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and sellers are bound only by the expressed warranties made in these terms. Our and each seller’s liability for breach of a non-excludable consumer guarantee is limited, at our or the seller’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
- Blocking a member, disabling an account or refusing to process a payment.We may block you, terminate any of your Botshop accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your Botshop account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an entity (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on Botshop using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as a seller. We may take any of the actions stated in this section without notice and against all of your Botshop accounts you use on other Botshop sites. If required by law we may forfeit existing deposits or earnings.
- US-specific controls.Botshop is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export Botshop items to a U.S. sanctioned country or to anyone on the SDN list.
- Relationship between the parties:Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the sellers only for the limited purposes of collecting Buy Now payments, the sellers’ providing warranties to buyers to limit sellers’ liability to buyers, and the disclaimer of sellers’ liability to buyers.
- Notices:Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your Botshop account email address.
- Changes to Botshop Terms:We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Botshop sites after the changes are made, then you will be agreeing to the changes.
- Interpretation:Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.
- Applicable Laws:We control and operate Botshop from our offices in Michigan in the United States. The laws of Oakland County, Michigan, United States, govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
a member who makes items available for sale on Botshop.
includes downloading an item that is made available for free on Botshop or that is purchased for you by another member.
a way of purchasing an item using a payment provider.
a person who ‘buys’ items on Botshop.
the fee for the services buyers get from Botshop like 24/7 support, fraud protection, item quality control and other related buyers’ services.
Portman Holdings LLC
Botshop and any company that controls, is controlled by or is under common control with Botshop.
is all the content that we have put on Botshop and includes the design, compilation, and look and feel of the Botshop, and copyright, trademarks, designs and other intellectual property on the Botshop (unless otherwise stated and excluding content owned by others like seller content).
When we refer to the ‘Botshop’ we’re talking about the Botshop digital marketplaces at https://botshop.us/
what you receive when you become a Member which gives you access to https://botshop.us/.
EU Member State:
the countries listed here: https://europa.eu/about-eu/countries/index_en.htm
the fee buyers may pay when using a payment method.
the price buyers pay for the license to use an item.
the support a seller agrees to provide Botshop account holders for an item marked as ‘supported’
digital goods found on Botshop like bots, compiled programs, software, themes and more.
the price you see on an item page on Botshop, which is made up of the item price and buyer fee.
a person who signs up by creating an account and accepting these terms.
the record of payments by you to Botshop (as a buyer) and by Botshop to you (as a seller).
any payment agent or method we make available on the Botshop.
the price the buyer will pay in total, which consists of the item price, Botshop’s buyer fee and handling fee (if applicable) and any taxes that may be added.
everything that you post on the Botshop or send via Botshop to other members and to us including items, files, communications and materials.
Version 1.0 – Effective date: July 8th 2021.