Bottle Labs, LLC Terms of Service

Bottle Labs, LLC (“Bottle,” “our,” “we,” or “us”) provides messaging, Internet calling, and other services to users around the world. Please read our Terms of Service so you understand what we do at Bottle. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

NO ACCESS TO EMERGENCY SERVICES: There are important differences between Bottle and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.

IF YOU ARE A BOTTLE USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, BOTTLE AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS” SECTION BELOW TO LEARN MORE.

About our services:
Registration. You must register for our Services using accurate data.
Address Book. You provide us the phone numbers of Bottle users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.
Age. You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law. Our Services pricing schedule is as follows:

Free:
Bottle to Bottle messages are free
No dedicated phone number
Limited to 500 sms messages per month

Pro Plan, $16 / month:
Dedicated phone number
0 - 1,000 sms / mms messages are included
Each additional 1,000 sms and mms messages are $20
Unlimited seats
Unlimited calling
We use Stripe to manage payment processing. Stripe fees are 2.9% + .30 per transaction.

Enterprise plan, $195 / month:
Everything in Pro and:
API access
Custom integration solutions
Priority support

Subscription plan, 3.5% per transaction (capped at $500 / month):
Everything in Pro and:
Access to the Bottle Subscription Ordering Experience
Automated sms ordering reminders
Ordering backend and reporting dashboard
0 - 1,000 sms / mms messages are included
Each additional 1,000 sms and mms messages are $20
Credit card processing fees of 2.9% + .30 per transaction

"SMS". An SMS is defined as a text segment, as defined by our provider, Twilio. It typically is composed of 160 character segments of a message. So a 320-character text would typically be billed as 2 SMS's.

"MMS". An MMS is defined as a media message, as defined by our provider, Twilio. It typically is composed of an image, plus the associated text as an SMS.

TCPA. It is the duty of Bottle users to follow the FCC's guidelines regarding the TCPA. It is up to each Bottle user to properly obtain consent for each customer texted and/or called over the Bottle service.

Data. You acknowledge that you have read our Privacy Policy and understand that it sets forth how we will collect, store, and use your Customer Data. “Customer Data" consists of information made available to us through your use of our Services under these Terms, which includes information such as your name, contact information, billing records, call or messaging logs, and traffic routing information, as well as the content of communications sent through or integrated with our Services, such as audio recordings, message bodies, and call recording transcriptions. If you do not agree to our Privacy Policy, you must stop using our Services.

Data storage is not guaranteed by us and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Customer Data. However, we will do everything within reasonable means to protect your data from damage or losses.

You further acknowledge and agree that we may access or disclose Customer Data, including the content of communications, if: (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request, (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.

We store archived copies of your Data for legitimate business purposes and to comply with the law.

We do not and will never share, disclose, sell, rent, or otherwise provide Data to other companies for the marketing of their own products or services.

We do not use the Data we collect from you or your customers to contact or market to your customers or directly compete with you.

However, Bottle may contact or market to your customers if we obtain their information from another source, such as from the customers themselves or another Bottle customer.

If you decide to terminate Services we will transfer to you all of your customer contacts, messages with your contacts and any accompanying data.

Recording Conversations
Bottle provides a function that allows you to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by state to state. You are responsible for applying the local laws in the relevant jurisdiction when using this feature.

Third Party Software Providers
We use Stripe and Twilio to offer our Services. Both Bottle and Bottle Users are bound by those vendors Terms of Services, Privacy Policies and Acceptable Use Policies. Specifically, we depend on Stripe and Twilio for critical components of our services.

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