BOTDOC API TERMS AND CONDITIONS

Last Updated January 28, 2020

These Botdoc API Terms and Conditions (this “Agreement”) govern access to and use of the Botdoc API Platform and apply to you and your employer, employees, agents, contractors, and any other entity on whose behalf you accept these terms (collectively “you” and “your”).  If you access or use the Tools, sign up for a Sandbox Account, or complete an Order Form, you accept this Agreement.  If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity.  This Agreement constitutes a binding legal agreement between you and ShortSave, Inc. (“ShortSave,” “we,” “us,” and “our”).  Please read this Agreement carefully and print or download a copy for your future reference.

IF YOU DO NOT AGREE TO THIS AGREEMENT OR YOU DO NOT HAVE THE AUTHORITY TO AGREE, YOU MUST NOT ACCEPT THE AGREEMENT OR ACCESS THE TOOLS.

You agree to receive electronically all communications, agreements, and notices that we provide in connection with the Tools (“Communications”), including by e-mail, text, in-app notifications, or posted on the Site.  You agree that all Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing.

We may modify this Agreement or add any additional terms, which are relevant to a particular product or service, to reflect changes in the law or to the Tools, in each instance in our sole discretion.  We will post the revised terms on the Site.  PLEASE REVIEW THE SITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS.  IF YOU CONTINUE TO USE THE TOOLS AFTER THE REVISED TERMS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED AGREEMENT.

1. Definitions. In addition to those terms defined elsewhere in this agreement, the following terms are defined as:

“Account” means the Sandbox account and/or the live production account established by you to enable you to access and use the Tools.

“API” means one or more application programming interfaces that support interoperation of applications with our products and services, including but not limited to Botdoc Content.

“API Key” means one or more globally unique identifiers (GUID) that is used to identify your Application and is necessary to authenticate your API calls.

“API Materials” means any API libraries, API Recipes, API Key, software, source files, sample code, and template materials.

“Application” means web and mobile applications that use Botdoc Content and our websites.

“Botdoc Content” means content from or regarding the Botdoc service for secure transmission and receipt of digital files.

“Order Form” means the schedule that sets forth the pricing, features and options of a purchased Botdoc Sandbox plan.  An Order Form is not binding until it is duly executed by both ShortSave and you, at which point it becomes incorporated into and part of this Agreement.

“Sandbox” means the online environment where you may access the Tools and where you may test your Applications in a demonstration or non-production environment.

“Site” means botdoc.io, docs.botdoc.io, and any website that supports use of the Tools and development of an Application, including, but not limited to, nonproduction or demonstration environments, such as sandboxdev.botdoc.io, sandboxapi.botdoc.io, dev.botdoc.io, and api.botdoc.io.

“Tools” means the Sandbox, Botdoc Content, the API, and API Materials including the API as well as any other services or tools that we make available for you to use for the purpose of building and operating an Application.

2. Accounts and Registration. During the Term (as defined below) and subject to compliance with the terms of this Agreement, you may register for an Account and access and use the Tools.  As a condition of your registration, you represent that: (a) you meet the requirements for the legal age of majority in the jurisdiction where you reside; (b) you are not barred by the laws of the United States or the applicable laws of another country from accessing and using the Tools; (c) that you shall provide (and keep up to date) information that is truthful, accurate and complete; and (d) you consent to ShortSave collecting, using and sharing your data as described in the Botdoc Privacy Policy.  By accessing the Tools, you explicitly agree that you and any Application you develop or support shall comply with: (x) the applicable Botdoc API guidelines/Endpoints; (y) your Order Form (if any); and (z) any license agreement governing the software we make available for use with the API.
3. Ownership and Right to Use.

• 3.1. Reservation of Rights. Except for those limited rights expressly granted in this Section 3, we reserve all rights, title, and interest in and to the Tools and any related intellectual property developed by or for ShortSave.  You authorize us to interact with your Application, including to engage in any copying or transmission that is necessary to provide the Tools or any Botdoc Content.
• 3.2. Grant of License. Subject to your compliance with the terms of this Agreement, you are granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to use the Tools for the sole purpose of developing and supporting your Application.  Your license to use the API is (a) internal (all others, including any affiliates, must obtain their own license and API Key); and (b) limited to making direct server calls to the Site for the Botdoc Content and to distributing the Botdoc Content to your end users, immediately upon receipt by your servers.
• 3.3. Open Source Software. Some of the software that we provide for use with the Tools may be open source software and governed by open source licenses.  If an applicable open source license conflicts with this Agreement, the terms of the open source license will control.
• 3.4. Modification of Tools. You acknowledge that ShortSave reserves the right to terminate or modify the Tools in our sole discretion, in whole or in part, with or without notice.  Modifications may affect your Application and may require you to make changes to your Application at your own cost to continue to be compatible with the API or other aspects of the Tools.  We will not be liable if, for any reason, all or any part of the Tools or a Sandbox is unavailable for any period of time.

4. Brand Assets. The ShortSave and Botdoc names and logos (“Brand Assets”) are trademarks of ShortSave, Inc.  You may use the Brand Assets, provided that your use complies with this Section 4.  You acknowledge and agree that ShortSave may require Applications to meet certain quality and branding requirements, including, but not limited to, display of a ShortSave or Botdoc logo.  You grant ShortSave the right to use your company name and logo as necessary to identify your Application and to promote the Tools.

• 4.1. Limited License. Subject to your compliance with this Agreement, you have a non-exclusive, non-transferable, non-sublicensable, terminable, royalty-free, limited license to use the Brand Assets as described in this Section 4.
• 4.2. Restriction on Use of Brand Assets. You shall not use or display Brand Assets: (a) in a manner that is misleading, defamatory, libelous, obscene, infringing or otherwise objectionable; (b) in connection with any material that infringes the rights of any third party, including without limitation intellectual property rights; or (c) as part of a name of a product or service of a company other than ShortSave or Botdoc.
• 4.3. ShortSave Review. You acknowledge and agree that ShortSave has complete discretion to evaluate use of Brand Assets and to determine whether a particular use complies with this Section 4 and that ShortSave: (a) may require review and pre-approval of any use of Brand Assets; and (b) may inspect, at any time, the use of Brand Assets and any integration they are associated with.
• 4.4. Required Use. You shall ensure that your use of Brand Assets: (a) is accompanied by a notice that clearly indicates that the Brand Assets are trademarks or distinctive brand features of ShortSave, Inc.; (b) complies with ShortSave’s brand usage guidelines, as they are communicated to you from time to time; and (c) does not dilute, tarnish, degrade, disparage, or reflect poorly on ShortSave or its products and services.
• 4.5. Right to Modify. ShortSave may, at any time and in its sole discretion, terminate or modify your permission to use the Brand Assets and take action against any use that: (a) does not conform with this Agreement; (b) infringes upon any of ShortSave’s rights, including intellectual property rights; or (c) violates applicable law.
• 4.6. No Challenge to Brand Assets. During the term of your license granted under this Agreement, you: (a) shall not challenge or assist others in a challenge to the Brand Assets (except to the extent such restriction is prohibited by applicable law); and (b) agree not to register or attempt to register any domain names, trademarks, trade names, or other distinctive brand features that are confusingly similar to the Brand Assets.

5. Sandbox Account Plans. ShortSave offers developer Sandbox Accounts with a $5 starting credit.  The price, features, and options available for your Account depend on the Sandbox Account plan you select.  ShortSave may set and enforce limits on use of Sandbox Accounts, and the Tools.  If your use of your Account exceeds the limits for the type of Account you use, ShortSave may require you to purchase an Account that suits your needs or suspend or terminate your access to the Tools.  ShortSave may change the prices, features, or options associated with any particular Sandbox Account plan without notice.
6. Your Responsibilities.

• 6.1. Affirmative Covenants. In connection with this Agreement and your use of the Tools, you will:
• 6.1.1. be entirely responsible for any and all activities that occur under your Account and will ensure that your use of the Tools is only for lawful purposes and in compliance with this Agreement and any other applicable terms, policies or rules, such as Botdoc’s Privacy Policy ;
• 6.1.2. keep your API Key confidential, and not share it with any third party. If you believe that your API Key has been obtained by any other person or that your Account has been used in an unauthorized way, you agree to notify us immediately;
• 6.1.3. reference an API Key issued to you as an approved licensee in all calls to the API;
• 6.1.4. provide the Botdoc Content to users on “as is” terms, with disclaimers substantially equivalent to those set forth in Section 8;
• 6.1.5. to the extent your Application collects data from or about end users or their devices via the API, ensure that it is collected and used in compliance with all applicable laws, industry standard security practices, and a privacy policy that you make available to the individuals from whom information is collected, and comply with at all times; and
• 6.1.6. international data transfers, if Customer is established in the European Economic Area or Switzerland (“EEA”), it acknowledges and agrees that Botdoc may transfer Customer Data, including without limitation Personal Data, outside of the EEA for processing. Upon Customer’s explicit written request, Botdoc may execute Standard Contractual Clauses approved by the European Commission for the benefit of the Customer (“Customer SCCs”) in order to ensure adequate protection for the Personal Data in accordance with the requirements of Articles 25 and 26 of the EU Directive. These Terms “Personal Data”, “Process/Processing”, “Controller”, “Processor”, “Sub-processor”, and “Data Subject” will have the meanings ascribed to them in the Data Processing Addendum (“DPA”) at https://botdoc.io/data-processing-addendum/
• 6.1.7. to the extent you are a Covered Entity (as defined in Health Insurance Portability and Accountability Act of 1996, as modified (“HIPAA”)), and the Family Educational Rights and Privacy Act, as modified (“FERPA”). you will notify ShortSave prior to accepting this Agreement, and by accepting this Agreement you agree to be bound by the provisions of the Business Associate Agreement attached hereto as Exhibit A.
• 6.1.8 Customer is responsible for ensuring that the recipients of communications from the Botdoc service have consented to receiving such communications and that such communications are delivered to the correct recipient.

• 6.2. Negative Covenants. In connection with this Agreement and your use of the Tools, you will not, and you will not permit others to:
• 6.2.1. violate any law or regulation (including relevant electronic signature laws, HIPAA and FERPA), or rights of any person, including but not limited to intellectual property rights or privacy rights;
• 6.2.2. sell, lease, lend, redistribute, transfer, or sublicense the API, API Materials, API Keys or access thereto;
• 6.2.3. charge others for Botdoc Content or access thereto, except with our prior written consent;
• 6.2.4. promote any products, services, or materials without our prior written consent;
• 6.2.5. transmit any viruses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data;
• 6.2.6. make it appear or permit someone else to make it appear that Botdoc Content is available from a third party website;
• 6.2.7. remove, obscure or alter any Botdoc terms and conditions or links to or notices of those terms;
• 6.2.8. extract or attempt to extract data elements from the Botdoc Content;
• 6.2.9. make more calls to the API than permitted by our API guidelines or any other restrictions in this Agreement;
• 6.2.10. frame any web page served by ShortSave servers, unless you have secured our prior written permission;
• 6.2.11. reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the API or any data provided by Botdoc, or use robots, spiders, scrapers, viruses, Trojan Horses or any other technology to: (a) access or use Botdoc Content or the Tools to obtain any information beyond what ShortSave allows under this Agreement; (b) change any Botdoc Content; (c) break or circumvent any of ShortSave’s technical, administrative, procedural or other measure that pertains to security; (d) disrupt or degrade the performance of the Site or the API; or (e) otherwise test the vulnerability of our systems or networks;
• 6.2.12. damage, disable, overburden, or impair the Tools, or otherwise interfere with the use or enjoyment of the Tools by others; or
• 6.2.13. access the Tools for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes.

7. Fees and Payment Terms; Taxes.

• 7.1. Fees. If you purchase an Account or another aspect of the Tools that requires a fee, you will be charged for your use of the Tools as set forth with the API developer account or in the Order Form, if applicable.  You will be required to maintain a minimum account balance of $10 or as otherwise stated on your Order Form.  If your account balance drops below the minimum amount, ShortSave may terminate or suspend your access to the Tools.  If you fail to timely pay any amounts due, ShortSave may assess finance charges equal to the lesser of 1.5% of the unpaid balance per month or the highest rate permitted by applicable usury law.  You will be responsible for any reasonable attorneys’ fees, costs and expenses incurred by ShortSave to collect any amounts that are not paid when due.
• 7.2. Failure to Pay. ShortSave may accept any partial payment, regardless of any language that would purport to limit ShortSave’s rights to collect further amounts, and without prejudice to ShortSave’s right to recover the balance of the amount due or to pursue any other right or remedy.  Amounts due to ShortSave may not be withheld or offset by you for any reason against amounts due or asserted to be due to you from ShortSave.  If you fail to timely pay any undisputed amounts due under this Agreement, then without limitation of any of your other rights or remedies, ShortSave may suspend performance of those services until ShortSave receives all past due amounts from you.
• 7.3. Taxes. Other than income taxes imposed on Botdoc, you will bear all taxes, duties, VAT, and all other governmental charges (collectively, “taxes”) resulting from this Agreement or transactions conducted in relation to this Agreement or the Tools.  If you are exempt from any applicable taxes, you will provide evidence reasonably satisfactory to us of your tax exempt status, and we will not include such taxes in our invoices to you.

8. Term and Termination.

• 8.1. Term. This Agreement begins upon creation of your Account or any other access of the Tools by you or your users and continues until your plan expires or your use of the Tools ceases, including as a result of termination of this Agreement in accordance with this Section 8 (the “Term”).
• 8.2. Termination. Notwithstanding anything to the contrary herein, and in addition to all other remedies available to us, we may limit, suspend or terminate your Account access or use of the API, API Key, or other aspects of the Tools without notice if: (a) you breach any provision of this Agreement; (b) you violate any policy applicable to the Tools; (c) you transfer use of the Tools to another person without our consent; (d) we determine, in our sole discretion, that your use of the Tools is excessive, unusually burdensome, or unprofitable to us; or (e), we believe that your continued use of the Tools presents a threat to the security of other developers or to users of any of our products or services.
• 8.3. Effect of Termination and Post-Termination Obligations. If this Agreement expires or is terminated for any reason: (a) you will pay to us any amounts that have accrued before, and remain unpaid as of the date of the termination or expiration (provided, however, that you will receive a refund of your account balance minus any such accrued and unpaid amounts owed to us and minus the $5 starting credit described in Section 5); (b) any and all liabilities of you to us that have accrued before the effective date of the termination will survive; (c) licenses and use rights granted to you under this Agreement will immediately terminate, and your access to the Tools may immediately terminate; (d) our obligation to provide any further services to you under this Agreement will immediately terminate; (e) you will cease using the Brand Assets and the Tools, including the API, and the Botdoc Content; (f) you will remove implementation of the API and the API Key from your Application(s) and delete all copies of the Botdoc Content and Brand Assets; and (g) the parties’ rights and obligations under this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration.

9. NO WARRANTIES. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, TO USERS OF YOUR APPLICATION, OR TO ANY THIRD PARTY REGARDING THE TOOLS, THE BRAND ASSETS, OR ANY ELEMENT THEREOF.  THE TOOLS, THE BRAND ASSETS, AND ACCESS TO THE SANDBOX ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  YOU EXPRESSLY AGREE THAT USE OF THE TOOLS, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE TOOLS, IS AT YOUR SOLE RISK.  WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE BRAND ASSETS AND TO THE INFORMATION, MATERIALS, AND CONTENT ON THE TOOLS.  WE DO NOT REPRESENT OR WARRANT THAT MATERIALS OR INFORMATION IN THE TOOLS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.  BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN THAT EVENT, SUCH WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY, AND TO THE MINIMUM WARRANTY PERIOD ALLOWED BY, APPLICABLE LAW.
10. Indemnification. You agree to defend, hold harmless, and indemnify ShortSave, its affiliates, and their respective officers, directors, agents, employees, representatives, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Tools or Botdoc Content, use of Brand Assets other than as set forth in this Agreement, violation of this Agreement or other actions connected with use of Botdoc services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.  In such a case, we will provide you with written notice of such claim, suit, or action.
11. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL SHORTSAVE, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE TOOLS, BOTDOC SANDBOX, BOTDOC CONTENT, OR BOTDOC API.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SHORTSAVE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, SHALL IN NO EVENT EXCEED THE GREATER OF THE FEES YOU PAID TO US DURING THE PRECEDING 12 MONTHS OR ONE HUNDRED U.S. DOLLARS ($100.00).  REGARDLESS OF ANY LAW OR STATUTE, ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY.  AS A RESULT, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (AND SHALL NOT LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW).
12. Confidentiality.

• 12.1. Definition. “Confidential Information” means any trade secrets or other information of ShortSave or you, whether of a technical, business, or other nature (such as Botdoc Content or your uploaded content), that is disclosed to the other party (“Recipient”) and that is marked “confidential,” or, whether or not marked, that a reasonable person would understand to be confidential given the circumstances of the disclosure.  Confidential Information does not include any information that: (a) was known to Recipient before receiving it from the disclosing party; (b) is independently developed by Recipient without use of or reference to any Confidential Information of the other party, as demonstrated by written records; (c) is acquired by Recipient from another source that did not receive it in confidence; or (d) is or becomes part of the public domain through no fault or action of Recipient.
• 12.2. Restricted Use and Nondisclosure. During and after the Term, Recipient will: (a) use the Confidential Information of the other party solely for purposes that are consistent with the scope of this Agreement; (b) not disclose such Confidential Information to a third party, except on a need-to-know basis to its attorneys, auditors, and consultants who are under confidentiality obligations at least as restrictive as those contained herein; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that it protects its own Confidential Information of a similar nature.
• 12.3. Required Disclosure. If Recipient is required by law, court order, or a regulatory authority having jurisdiction over Recipient or the Confidential Information to disclose Confidential Information of the other party or the terms of this Agreement, Recipient will give prompt written notice to the other party before making the disclosure, unless prohibited from doing so by the legal or administrative process, and assist the disclosing party  to obtain where reasonably available an order protecting the Confidential Information from public disclosure.
• 12.4. Ownership. Recipient acknowledges that, as between the parties, all Confidential Information it receives from the disclosing party, including all copies thereof in Recipient’s possession or control, in any media, is proprietary to and exclusively owned by the disclosing party.  Nothing in this Agreement grants Recipient any right, title or interest in or to any of the disclosing party’s Confidential Information.  Recipient’s incorporation of the disclosing party’s Confidential Information into any of its own materials will not render Confidential Information non-confidential.
• 12.5. Remedies. Recipient acknowledges that any actual or threatened breach of this Section 11 may cause irreparable, non-monetary injury to the disclosing party, the extent of which may be difficult to ascertain.  Accordingly, the disclosing party is entitled to (but not required to) seek injunctive relief in addition to all remedies available to the disclosing party at law and/or in equity, to prevent or mitigate any breaches of this Agreement or damages that may otherwise result from those breaches.  Absent written consent of the disclosing party to the disclosure, Recipient, in the case of a breach of this Section 11, has the burden of proving that the disclosing party’s Confidential Information is not, or is no longer, confidential or a trade secret and that the disclosure does not otherwise violate this Section 11.
• 12.6. Existing Obligations. The obligations in this Section 11 are in addition to, and supplement, each party’s obligations of confidentiality under applicable law and under any nondisclosure or other agreement between the parties.

13. Miscellaneous.

• 13.1. Relationship. At all times, the parties are independent actors, and are not the agents or representatives of the other.  This Agreement is not intended to create a joint venture, partnership, or franchise relationship, or give rise to any third party beneficiary.
• 13.2. Assignability. You may not assign your rights or obligations under this Agreement, which include without limitation your API Key, without our prior written consent, which may be withheld in our sole discretion.  If consent is given, this Agreement will bind your successors and assigns.  Any attempt by you to transfer your rights, duties, or obligations under this Agreement without our prior written consent is void.  We may freely assign our rights, duties, and obligations under this Agreement.
• 13.3. Notices. Except as otherwise permitted herein, any notice required or permitted to be given in accordance with this Agreement will be effective only if it is in writing and sent using: (a) email with read receipt requested, in the case of to ShortSave, to [email protected] and in the case of to you, to the email address set forth in your Order Form, (b) certified or registered mail, or, (c) insured courier, to the appropriate party at the address set forth in your Order Form.  Either party may change its address for receipt of notice by providing notice to the other party in accordance with this Section 3.  Notices are deemed given upon confirmation of receipt if delivered using email, two business days following the date of mailing, or one business day following delivery to a courier.
• 13.4. Force Majeure. Except for any payment obligations, neither party will be liable for failure to perform any obligation under this Agreement to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike, loss of telecommunications infrastructure, hacking and distributed denial of service attacks (provided that the affected party has in place reasonable cyber security measures to prevent and mitigate the same), and other causes beyond the party’s reasonable control).  The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable.  Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.
• 13.5. Mandatory Arbitration. Except as may otherwise be provided in this Agreement, to the maximum extent permitted by law, all disputes, controversies, claims, or demands of any kind or nature arising between the parties in connection with this Agreement or the Tools, whether at law or in equity or based upon common law or any federal or state statute, rule, or regulation will be resolved through binding arbitration.  Any arbitration commenced hereunder shall be initiated in Denver, Colorado and shall be governed by the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) from time to time in force.  The arbitration shall occur before a single arbitrator (the “Arbitrator”) that shall be selected in accordance with the rules of the AAA.  This submission and agreement to arbitrate shall be specifically enforceable.
• 13.6. No Class Actions. You may only resolve disputes with ShortSave on an individual basis and you may not bring a claim against us in a class, consolidated, or representative action.  Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
• 13.7. Governing Law; Venue. This Agreement will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Colorado, U.S.A., without reference to its choice of law rules to the contrary.  Notwithstanding the parties’ agreement to mandatory arbitration, either party may seek any interim or preliminary injunctive relief from a court of competent jurisdiction in El Paso County, Colorado, as necessary to protect the party’s rights or property pending the completion of arbitration.  The parties submit to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in El Paso County, Colorado, U.S.A.
• 13.8. Compliance with Laws.  You represent and warrant that your use of Botdoc will comply with all applicable laws and regulations.  If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating a User Account, sending or collecting information, you:  1) Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of communications through Botdoc. 2) Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Botdoc to receive and process data and send communications to that individual on your behalf. 3) Agree to the Data Processing Addendum (“DPA”) at https://botdoc.io/data-processing-addendum/
• 13.9. Waiver. The waiver by either party of any breach of any provision of this Agreement does not waive any other breach.  The failure of any party to insist on strict performance of any covenant or obligation in accordance with this Agreement will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of this Agreement.
• 13.10. Severability. If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect.  If any material limitation or restriction on the grant of any license provided to you under this Agreement is found to be illegal, unenforceable, or invalid, the license will immediately terminate.
• 13.11. Entire Agreement. Except as expressly stated herein, this Agreement is the final and complete expression of the agreement between these parties regarding the Tools.  This Agreement supersedes all previous oral and written communications regarding these matters.
• 13.12. Beta Offerings. From time to time, Botdoc may make Beta Offerings available to you at no charge. You may choose to try such Beta Offerings or not in your sole discretion. Botdoc may discontinue Beta Offerings at any time in our sole discretion and may decide not to make a Beta Offering generally available. For avoidance of doubt, such Beta Offerings are not “Services” under these Terms. “Beta Offerings” means services that are identified as alpha, beta, non-GA, limited release, developer preview, or any such similarly designated services, products, features, and documentation offered by Botdoc.
• You have the choice to use our Beta Offerings. But you don’t have to. These are not generally available, and they may have bugs or defects. Also we do not consider these to be “Services” under these Terms. So we have no responsibility if something goes amiss. You understand that we don’t make any promises that Beta Offerings won’t have problems.
• You understand that Botdoc will not be liable for any damages from your use of Beta Offerings.