Terms and Conditions for Free Trial Use of the Beta Version of the BOTTIMMO SaaS Service

§ 1 Scope, Contracting Parties, and General Provisions

1. Upon acceptance of these Terms and Conditions (the “Terms and Conditions”),including by accessing and using the Contractual Services (as hereinafter defined) BOTTIMMO AG, Hauptstrasse 66, 8280 Kreuzlingen, Switzerland (hereinafter “BOTTIMMO”), as a Marketing-as-a-Service provider, grants customer (hereinafter “Customer”), as part of a free trial (hereinafter “Trial Period”), time-limited access to the beta version of the BOTTIMMO service designed as Software-as-a-Service model (hereinafter “BOTTIMMO SaaS Service”), which includes the provision of certain content as Content-as-a-Service (CaaS) (hereinafter collectively “Contractual Services”). The Customer agrees to comply, and shall ensure that its Users comply, with BOTTIMMO's Data Processing Agreement and Privacy Policy, as amended from time to time. Those documents are hereby incorporated by reference into this Agreement and are binding upon the Parties as though fully set forth herein. The Customer consents to the use of electronic records and electronic acceptance in connection with the formation and administration of the Trial Period.
2. Only a Customer acting as a business entity and not as a consumer may be a contracting party of BOTTIMMO.
3. Unless they refer exclusively to the Customer (as a legal entity), these Terms and Conditions shall apply mutatis mutandis to users accessing or otherwise using the Contractual Services (hereinafter “Users”).
4. The Customer shall ensure that its Users comply with the obligations set forth in these Terms and Conditions and shall bind them accordingly.
5. BOTTIMMO shall provide Contractual Services exclusively in accordance with these Terms and Conditions. Any deviating, conflicting, or supplementary terms and conditions of the Customer shall not become part of this agreement, even if BOTTIMMO provides services without expressly objecting to them.

§ 2 Subject Matter of the Agreement, Scope of Services, AI-Generated Content

1. The subject matter of the agreement concluded under these Terms and Conditions is the provision of the following Contractual Services: Use of the beta version of the BOTTIMMO SaaS Service in its current “as is” state, with the functionalities and content available at that time and to the extent available, which the Customer may access remotely via a web browser and an internet connection during a Trial Period and which are executed on a cloud infrastructure.
2. Access to the Contractual Services during the Trial Period is provided free of charge.
3. The use of the Contractual Services is at the customer’s own risk. Given the nature of a beta version, errors may still occur in the Contractual Services. BOTTIMMO will endeavor to correct any identified errors in a timely manner. The Customer has no right to demand error correction or functional enhancements.
4. The Customer acknowledges that the AI-powered tools provided as part of the Contractual Services are automated systems for generating content using AI.
5. The output generated with AI-powered tools by means of the Contractual Services is provided without human review. It may be used by Customer only within the scope of the functionality as made available to Customer and its Users through the Contractual Services.
6. The output does not constitute individual advice or legally binding information.
7. The output generated with AI-powered tools by means of the Contractual Services is created and provided based on statistical language models. By their very nature, statistical language models do not reflect a verified body of knowledge and may be incomplete or erroneous. They may not reflect the regulatory situation the Customer responds to, state licenses requiring compliance with rules and regulations, or may not fully meet content requirements established by the applicable rules and regulations.
8. Before making decisions based on output, especially generated with AI-powered tools by means of the Contractual Services, the Customer shall verify it on their own responsibility through appropriate measures; use of output generated by means of the Contractual Services is solely at the Customer’s own risk.
9. Without limitation of the foregoing, BOTTIMMO makes no representation or warranty regarding the accuracy, completeness, reliability, legality, suitability, availability, usefulness, merchantability, fitness for a particular purpose, non-infringement, regulatory compliance, or results obtained from any output, content, recommendation, information, analysis, communication, or material generated, accessed, transmitted, stored, or made available. The Customer is solely responsible for reviewing and approving all content before publication, transmission, or other use and for determining whether such content is accurate, complete, appropriate, and compliant with applicable laws, regulations, professional requirements, brokerage requirements, advertising standards, listing-service rules, and required notices or disclosures applicable to the Customer. Without limiting the foregoing, the Customer assumes full responsibility for any use of content, output, recommendations, analyses, communications, or other information generated or made available through the Contractual Services. BOTTIMMO does not review such content or output for legal, regulatory, factual, professional, or other compliance and makes no representation or warranty that any content, output, recommendation, analysis, communication, or other information generated or made available through the Contractual Services is accurate, complete, reliable, lawful, compliant, suitable, or fit for any particular purpose, recipient, jurisdiction, or use
10. For third-party services that BOTTIMMO indirectly provides to the Customer as part of the provision of the Contractual Services, or that BOTTIMMO relies on to provide the Contractual Services, the applicable end user terms and conditions of the respective third-party provider shall apply in addition to these Terms and Conditions. Upon request, BOTTIMMO will provide the Customer with the end user terms and conditions of the third-party provider of the third-party service. Certain Contractual Services use artificial-intelligence and automated-processing technologies provided by BOTTIMMO or third-party service providers. The Customer authorizes BOTTIMMO and its contracted service providers to process Customer Content as reasonably necessary to provide the applicable AI-enabled functionality, subject to these Terms, the Privacy Policy, and the Data Processing Agreement. Use of third-party technologies may also be subject to the applicable terms, policies, and practices of the relevant provider.
11. The Trial Period is intended solely for the Customer to test the Contractual Services; continued use after the Trial Period expires requires the conclusion of a separate, fee-based contract.
12. BOTTIMMO strives to maintain a largely consistent level of availability for the BOTTIMMO SaaS Service; however, it reserves the right to perform maintenance, security, or capacity-related work, as well as to address other events beyond BOTTIMMO’s control that may result in restrictions or a temporary suspension of the service.
13. The Customer’s access to the Internet is not covered by this agreement; the Customer bears sole responsibility for the functionality of their Internet access as well as their own computer and network equipment.
14. BOTTIMMO is entitled to modify, adapt, and update the Contractual Services at its sole discretion, particularly in light of technological advancements, provided that this does not result in a material restriction on the test use and the adaptation is reasonable for the Customer.
15. BOTTIMMO may suspend or terminate the provision of services (including the Contractual Services) and the Trial Period for convenience at any time with immediate effect upon notice. BOTTIMMO may suspend or terminate the provision of services (including the Contractual Services) if this is necessary to comply with binding requirements from authorities or courts, or if BOTTIMMO no longer offers the service in a particular region.
16. BOTTIMMO may suspend, limit, or terminate access to all or any portion of the Contractual Services in accordance with Section 6.13.

§ 3 Electronic Conclusion of Contract

1. The agreement for the free Trial Period of the Contractual Services is concluded electronically.
2. A User books the Contractual Services for a Customer via the online registration system provided by BOTTIMMO by entering the required data as part of the registration process and creating a Customer Account. In doing so, the User confirms acceptance of these Terms and Conditions by checking the designated box (checkbox) during the booking process.
3. The User must be authorized to act on behalf of the Customer for whom they are acting and is obligated to provide complete and truthful information regarding all data required during registration and the creation of a Customer Account.
4. By checking the designated box and completing registration, the User, on behalf of the Customer, agrees to these Terms and Conditions, the then-current Data Processing Agreement, and the then-current Privacy Policy. The Customer consents to the use of electronic records and electronic acceptance in connection with the formation and administration of the Trial Period.
5. By clicking the button that completes the registration and creation of a Customer Account, the User submits, on behalf of the Customer, an offer to enter into an agreement under these Terms and Conditions for the use of the Contractual Services. The agreement is referred to as “the Trial Period” as defined above.
6. BOTTIMMO reviews the User’s information. The User then receives a confirmation email to verify their email address. Upon receipt of the confirmation email, the agreement is deemed concluded. Once the email address has been verified, the Contractual Services may be used.
7. The agreement is always concluded between BOTTIMMO and the Customer on whose behalf the User is acting.

§ 4 Confidentiality

1. BOTTIMMO and the Customer (hereinafter referred to individually or collectively as the “Party(ies)”) agree to maintain confidentiality regarding all trade and business secrets of the other Party that are entrusted to them, made available to them, or otherwise come to their knowledge in connection with the Trial Period of the Contractual Services, which are marked as confidential or whose confidentiality arises from their subject matter or the circumstances, and in which there is a legitimate interest in maintaining confidentiality, to maintain confidentiality, to use such information only for the purpose specified in the agreement, and not to disclose it to third parties (hereinafter “Confidential Information”).
2. Confidential Information may only be made available to those employees and subcontractors of the respective Parties who require it to fulfill the agreement and who have previously been bound by the Customer to maintain confidentiality in accordance with the provisions of this Section 4 of the Terms and Conditions regarding confidentiality.
3. The confidentiality obligation shall remain in effect for a period of three (3) years following the termination of the contractual relationship.
4. The confidentiality obligation does not apply to information that was already known to the recipient prior to the agreement without any confidentiality obligation, is or becomes generally known, was disclosed to the recipient by a third party without a confidentiality obligation, or was independently developed by the recipient; it also does not apply to the extent that the recipient is obligated to disclose such information pursuant to an existing or final decision by a government agency or court. In such a case, the recipient shall immediately inform the disclosing party and indicate that the information constitutes trade secrets.
5. Upon request, the Customer must return Confidential Information from BOTTIMMO upon termination of the Trial Period or, to the extent technically feasible, delete or destroy it, provided that no binding retention obligations preclude this.

§ 5 Rights of Use

1. As between the Parties, BOTTIMMO and its licensors retain all right, title, and interest in and to the Contractual Services, including: (i) the BOTTIMMO SaaS Service, and (ii) any content or technology provided by BOTTIMMO through the BOTTIMMO SaaS Service, or otherwise constituting a portion of Contractual Service, including all related software, technology, topic libraries, templates, layouts, graphic elements, standard texts, research, data, databases, methods, tools, workflows, documentation, know-how, improvements, and other materials supplied or developed by or for BOTTIMMO in connection with the BOTTIMMO SaaS Service or Contractual Services(collectively, the “BOTTIMMO Content”), including all patent, copyright, trademark, trade-secret, database, and other intellectual-property and proprietary rights in and to any of the foregoing.
2. As between the Parties, the Customer retains all right, title, and interest in and to Customer Content, including all intellectual-property and proprietary rights therein. As used herein, “Customer Content” means information, data, contacts, leads, listings, photographs, logos, portraits, brand assets, brokerage and license information, prompts, instructions, files, and other materials supplied, uploaded, selected, authorized, or otherwise made available by or on behalf of the Customer in connection with the Contractual Services. For clarity, Customer Content does not include BOTTIMMO Content.

During the Trial Period, BOTTIMMO grants the Customer a non-exclusive, non-transferable, and non-sublicensable right to access and use the BOTTIMMO SaaS Service and other BOTTIMMO Content made available through it within the United States solely for the Customer’s own business purposes in connection with receipt of the Contractual Services and solely by its authorized Users, solely in accordance with the terms of this Agreement.

3. Except as expressly permitted in these Terms, the Customer may not lease, transfer, sublicense, timeshare, outsource, separately extract, reproduce, commercialize, distribute, make available, or otherwise use the BOTTIMMO SaaS Service or BOTTIMMO Content for or on behalf of third parties; create or maintain a separate library, database, collection, product, or service from BOTTIMMO Content; or use BOTTIMMO Content independently of the Contractual Services, in each case without BOTTIMMO’s prior written consent.
4. Unless expressly permitted by BOTTIMMO or mandatory law, the Customer may not copy, translate, disassemble, decompile, reverse engineer, further develop, or otherwise modify the software made available during the Trial Period, in whole or in part, or create derivative works from that software; no rights to source code are granted.
5. The Customer grants BOTTIMMO and its service providers a non-exclusive, worldwide, royalty-free license during the Trial Period to host, copy, process, modify, combine, display, retrieve, transmit, and otherwise use Customer Content as reasonably necessary to provide, operate, secure, support, maintain, and improve the Contractual Services. The Customer represents and warrants that it owns or has obtained all rights, permissions, consents, and authorizations necessary for BOTTIMMO and its service providers to use Customer Content as permitted by these Terms.
6. BOTTIMMO may create, use, retain, and disclose statistical, aggregated, anonymized, and de-identified information derived from Customer Content, Customer data, and use of the Contractual Services for lawful business purposes, including operating, securing, supporting, analyzing, benchmarking, improving, and developing the Contractual Services and related services and preparing reports and recommendations, provided that such information does not identify and cannot reasonably be used to identify the Customer, any User, or any other individual. BOTTIMMO will not attempt to re-identify such information except to test the effectiveness of its de-identification measures or as permitted or required by applicable law.

§ 6 Customer Obligations, Prohibited Content, Export Controls

1. The Customer shall assist BOTTIMMO to the extent necessary in the provision of the Contractual Services and shall fulfill all obligations to cooperate in a timely and complete manner, in particular by enabling the proper setup and use of its Customer Account and by providing the necessary information and content (e.g., logos, images).
2. The Customer shall ensure that the minimum technical requirements necessary for the use of the Contractual Services are met, that the Customer uses a suitable web browser, and that the Customer has implemented the security settings specified by BOTTIMMO in accordance with BOTTIMMO’s guidelines. The Customer may not use any software or technical equipment that could jeopardize the functioning of the BOTTIMMO SaaS Service or the BOTTIMMO Content provided.
3. Access credentials may only be made available to the Customer’s authorized Users; the Customer shall ensure that access credentials are kept confidential and that unauthorized use is prevented; the Customer is liable for the actions of its Users and unauthorized third parties as if they were its own actions.
4. The Customer agrees not to enter or store any content the transmission, storage, or use of which violates contractual obligations or the rights of third parties; in particular, content that is unlawful, immoral, or that is harmful to minors, content of a racist, discriminatory, pornographic, or politically extreme nature, as well as content that infringes the intellectual property rights of third parties or contains personal data without the appropriate authorization, is prohibited.
5. The Customer shall refrain from any action that could compromise the security and stability of the BOTTIMMO SaaS Service and shall not enter any data that damages or endangers the systems, servers, or data of BOTTIMMO or third parties; the Customer shall not attempt to access the data of other BOTTIMMO customers or business partners.
6. The Customer bears sole responsibility for complying with the requirements for the storage, retention, and archiving of their data, as well as for implementing appropriate data backup measures.
7. The Customer represents and warrants that they are authorized to store, use, and make publicly available the content they provide and that they do not infringe upon the rights of third parties. BOTTIMMO respects the intellectual-property rights of others and expects Customers and Users to do the same. BOTTIMMO responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). BOTTIMMO may remove or disable access to Customer Content alleged to be infringing and, in appropriate circumstances, suspend or terminate the accounts of Customers or Users who are repeat infringers or otherwise infringe the intellectual-property rights of others. Notices of alleged copyright infringement must be submitted to BOTTIMMO’s designated DMCA agent in accordance with BOTTIMMO’s DMCA Policy, available at https://help.bottimmo.com/en/article/dmca-policy
8. The Customer represents and warrants that it understands the rules and regulations applicable to it and that the Contractual Services do not discharge it from the obligation to take measures to comply with the regulations applicable in the area in which the Customer conducts business.
9. The Customer is solely responsible for reviewing, selecting, approving, activating, authorizing, and determining the lawfulness of the recipients, content, timing, purpose, targeting, cadence, and sequence, including any elements proposed or generated by BOTTIMMO or the Contractual Services of each email, text message, telephone call, voicemail transmission, social-media post, lead-generation activity, advertisement, solicitation, or other communication initiated, requested, approved, uploaded, scheduled, or distributed by or on behalf of the Customer through the Contractual Services. As between the Parties, the Customer acts as the sender, caller, initiator, advertiser, seller, and telemarketer of each Customer communication and is solely responsible for all Customer communications and related compliance obligations. The Customer shall comply with all applicable communications, telemarketing, marketing, lead-generation, privacy, advertising, real-estate, unfair-or-deceptive-practices, and consumer-protection laws, rules, and regulations, and all applicable self-regulatory, carrier, platform, and service-provider requirements, including without limitation the Telephone Consumer Protection Act, 47 U.S.C. § 227; the FCC’s implementing rules, 47 C.F.R. § 64.1200; the Florida Telephone Solicitation Act, Fla. Stat. § 501.059; the Telemarketing Sales Rule, 16 C.F.R. Part 310; the CAN-SPAM Act, 15 U.S.C. §§ 7701–7713; the FTC CAN-SPAM Rule, 16 C.F.R. Part 316; and any other applicable federal, state, or local requirements governing calls, texts, voicemail transmissions, commercial email, advertising, solicitations, lead generation, consent, opt-outs, suppression, disclosures, sender identification, recordkeeping, automated or scheduled messaging, artificial or prerecorded voice messages, and consumer communications (collectively, “Communications Laws”).
10. Before using the Contractual Services to communicate with any recipient, the Customer represents, warrants, and covenants that it has lawfully collected and is authorized to use each telephone number, email address, name, address, lead, contact, and other recipient identifier or personal data used with the Contractual Services; has provided all legally required notices and disclosures; has obtained and will maintain all consents, permissions, authorizations, and other legal bases required under the Communications Laws or otherwise applicable to the communication; and will maintain records reasonably sufficient to substantiate compliance. Without limitation, the Customer is solely responsible for obtaining, retaining, honoring, and documenting any required prior express consent, prior express written consent, affirmative consent, unsubscribe request, STOP request, opt-out, revocation, do-not-call request, suppression request, or similar instruction. The Customer shall not contact, or cause BOTTIMMO or any service provider to contact, any person who has revoked consent, opted out, unsubscribed, requested suppression, or otherwise objected to further communications. The Customer shall not upload, use, sell, rent, transfer, purchase, or rely on any contact list, lead source, or recipient data in violation of the Communications Laws, other applicable law, third-party rights, platform rules, service-provider requirements, or the scope of any consent obtained
11. For each commercial email sent, initiated, approved, or distributed by or on behalf of the Customer using the Contractual Services, the Customer shall ensure that the sender, “from,” routing, and header information is accurate and not false or misleading; the subject line is not deceptive; the message includes all legally required identifications and disclosures and a valid physical postal address; the message includes a clear and conspicuous opt-out or unsubscribe mechanism that remains available for the legally required period; and all opt-out and unsubscribe requests are honored within the time required by applicable law. The Customer shall not use the Contractual Services to send commercial email to any recipient who has opted out or unsubscribed from the relevant communications and shall provide BOTTIMMO with information reasonably necessary to implement, investigate, or respond to email-compliance, abuse, or deliverability concerns.
12. The Contractual Services may include tools, templates, messaging and email functionality, scheduling functionality, analytics, hosting, infrastructure, and related functionality that enable the Customer or its Users to create, store, schedule, initiate, or transmit communications to Customer-selected recipients using Customer-provided data. The Customer expressly authorizes BOTTIMMO and its service providers to format, schedule, initiate, and transmit Customer-approved communications on the Customer’s behalf through the Contractual Services, including through BOTTIMMO infrastructure and using the Customer’s selected or approved name, sender identity, email address, verified domain, branding, or Customer-specific BOTTIMMO alias. Customer approval and authorization include the Customer’s activation of an automated campaign or follow-up sequence, and the Customer remains responsible for that campaign or sequence until the Customer pauses, disables, or terminates it. BOTTIMMO’s provision of such functionality does not constitute legal review, compliance certification, consent verification, approval of Customer communications, selection of recipients, or assumption of sender or initiator status. Except to the extent expressly stated in a separate written agreement or required by applicable law, BOTTIMMO does not undertake to monitor, pre-screen, police, or approve Customer communications or to verify the legality of Customer contact lists, lead sources, consent records, message content, campaign timing, recipient targeting, opt-out handling, suppression practices, or compliance with the Communications Laws.
13. BOTTIMMO may suspend, limit, block, throttle, disable, or terminate any communication functionality, campaign, User, Customer Account, contact list, template, message, or other use of the Contractual Services if BOTTIMMO believes that such use may violate the Communications Laws or other applicable law; involve inadequate consent or failure to honor opt-out or suppression requests; harm, interfere with, degrade, disrupt, compromise, or endanger the Contractual Services or any BOTTIMMO or third-party system, network, data, security, customer, user, or service provider; or create legal, regulatory, carrier, platform, service-provider, deliverability, complaint, abuse, enforcement, reputational, operational, or security risk for BOTTIMMO or its service providers. BOTTIMMO may request information reasonably necessary to evaluate suspected non-compliance, complaints, abuse indicators, opt-out failures, security or operational concerns, or regulatory inquiries, and the Customer shall cooperate promptly. Nothing in these Terms requires BOTTIMMO to monitor, review, pre-screen, police, or approve Customer communications or to verify Customer consent, suppression, opt-out, or compliance records.
14. The Customer is solely responsible for ensuring that all real-estate advertising, marketing, listing, lead-generation, brokerage, and customer-facing content created, approved, published, transmitted, or distributed by or on behalf of the Customer through the Contractual Services complies with all applicable real-estate advertising laws, rules, brokerage policies, MLS and listing-service requirements, fair-housing requirements, and professional standards. Without limitation, the Customer is responsible for requirements relating to licensed brokerage identification, licensee-name usage, team or group advertising, placement of brokerage identification near point-of-contact information for internet advertising, required notices and disclosures, and broker, manager, seller, listing-service, or MLS approvals. The Customer shall ensure that such content is not false, fraudulent, misleading, deceptive, discriminatory, unsubstantiated, or otherwise unlawful and shall obtain all required approvals before publication or transmission.
15. The Customer shall indemnify, defend, and hold harmless BOTTIMMO and its affiliates, directors, officers, employees, contractors, representatives, licensors, infrastructure providers, messaging providers, email providers, carriers, subprocessors, and other service providers (collectively, the “Indemnified Parties”) from and against all third party claims, demands, complaints, proceedings, investigations, inquiries, damages, statutory damages, penalties, fines, settlements, costs, and reasonable legal fees (collectively, “Losses”) arising out of or relating to the Customer’s breach of this Agreement; the Customer’s unlawful or non-contractual use of the BOTTIMMO SaaS Service or BOTTIMMO Content; or any data-protection, privacy, intellectual-property, communications, advertising, consumer-protection, or other legal dispute caused by the Customer, any User, Customer content, Customer data, Customer instructions, or Customer use of the Contractual Services.
16. Without limiting the foregoing, the Customer shall indemnify, defend, and hold harmless the Indemnified Parties from and against all Losses arising out of or relating to: (i) the Customer’s recipients, contact lists, lead sources, recipient data, consent or opt-out practices, suppression practices, targeting, timing, sender identification, message content, disclosures, or communications; (ii) any alleged violation by the Customer or any User of the Communications Laws or applicable real-estate, privacy, advertising, marketing, consumer-protection, unfair-or-deceptive-practices, carrier, platform, or service-provider requirements; (iii) Customer-approved, Customer-supplied, Customer-selected, or Customer-distributed content; (iv) the Customer’s failure to obtain, retain, document, or honor required consents, permissions, notices, disclosures, opt-outs, revocations, unsubscribe requests, STOP requests, do-not-call requests, suppression requests, or similar instructions; or (v) any claim that BOTTIMMO or another Indemnified Party is liable as a sender, caller, initiator, telemarketer, advertiser, seller, platform provider, service provider, or assisting or facilitating party based on Customer communications, Customer data, Customer content, Customer instructions, Customer approvals, Customer contact lists, Customer lead sources, or Customer use of the Contractual Services, except to the extent finally determined by a court of competent jurisdiction to have resulted solely from BOTTIMMO’s independent unlawful conduct and not from Customer data, content, instructions, approvals, or use of the Contractual Services.

17. The Customer warrants that it will not use the BOTTIMMO SaaS Service in countries or with persons for whom the provision of the services is prohibited under applicable sanctions or export control regulations; BOTTIMMO may block the Customer’s access to the BOTTIMMO SaaS service or terminate the Trial Period if there are concrete indications of such a violation.

§ 7 No Warranty for Free Trial Services

1. The provision of the Contractual Services during the Trial Period is free of charge and without any guarantee of specific quality or availability (“as is”). The Customer is therefore not entitled to rectification of defects, unless BOTTIMMO voluntarily agrees to remedy the situation on a case-by-case basis.
2. However, should the Customer notice any defects or opportunities for improvement, BOTTIMMO would appreciate being notified in writing and will endeavor to improve and further develop the Contractual Services at its own discretion.

§ 8 Liability for Defects, Liability, Limitation period, and “No Reliance / No Partnership”

1. Subject to Clause 8.2 of these Terms and Conditions, any and all liability of BOTTIMMO for any and all damages, losses, costs or claims arising out of or in connection with the Contractual Services, irrespective of the legal basis, is hereby excluded to the fullest extent permitted by law.
2. BOTTIMMO shall remain liable for losses caused to Customer by intentional or grossly negligent acts or omissions of BOTTIMMO’s directors.
3. Any and all other liability for acts or omissions of BOTTIMMO’s directors is excluded to the fullest extent permitted by law.
4. BOTTIMMO excludes, to the fullest extent permitted by law, any and all liability for acts or omissions of its employees, agents, subcontractors and other auxiliary persons, including for intentional or grossly negligent acts or omissions of such persons.
5. To the fullest extent permitted by law, Customer must assert any claims for damages, losses, costs, expenses or other monetary compensation in writing within three (3) month after Customer became aware, or should reasonably have become aware, of the circumstances giving rise to the claim, failing which such claims shall be forfeited; mandatory claims remain unaffected.
6. The Customer acknowledges that the Trial Period is intended solely for the non-binding testing of the BOTTIMMO SaaS Service and does not imply any assurance of suitability for the Customer’s business purposes. The Customer makes the decision regarding a subsequent paid agreement on its own responsibility and not in reliance on any specific statements made by BOTTIMMO outside of these Terms and Conditions (“no reliance”).
7. The contractual relationship between the Parties based on these Terms and Conditions does not establish a partnership, joint venture, agency relationship, or employment relationship; the Parties act as independent contracting parties (“no partnership”).

§ 9 Customer Feedback

1. If, during or in connection with the Trial Period, the Customer provides BOTTIMMO with suggestions, proposals, ideas, or other feedback aimed at improving or further developing the Contractual Services, BOTTIMMO may use, further develop, and integrate such feedback into its own products and services without time, without restriction, worldwide, and without compensation.
2. To this extent, the Customer waives the right to assert any of its own rights to the feedback, unless mandatory legal rights preclude such a waiver; the Customer’s Confidential Information remains unaffected by this provision.

§ 10 Data Protection

1. The Parties comply with the data protection requirements applicable to the use of the BOTTIMMO SaaS Service.
2. In particular, the Customer shall be responsible for ensuring that any personal data transmitted to BOTTIMMO by the Customer, by third parties acting on the Customer's behalf, or otherwise through the use of the BOTTIMMO SaaS Service, has been collected and processed in accordance with all applicable data protection laws. The Customer shall further ensure that any required data subjects' consents or other valid legal bases for the processing of such personal data have been obtained, and that BOTTIMMO's processing of such personal data in the course of performing this Agreement does not violate any applicable data protection laws or exceed the scope of any consents granted.
3. The Data Processing Agreement incorporated into these Terms governs processing of personal data performed on behalf of the Customer in connection with the Contractual Services.

§ 11 Term and Termination of the Trial Period

1. The Trial Period begins upon activation of access to the Customer Account and the associated ability of the Customer to use the BOTTIMMO SaaS Service and is limited to six (6) weeks; either Party may terminate the agreement at any time without notice.
2. The right to terminate the agreement for good cause remains unaffected. In particular, BOTTIMMO shall be deemed to have good cause if the Customer grants unauthorized third parties’ access to the BOTTIMMO SaaS Service, intentionally or negligently exceeds the scope of the granted rights of use or violates the confidentiality obligations.
3. Upon expiration of the Trial Period, the Customer’s access to the BOTTIMMO SaaS Service will be terminated, and the Customer’s rights to use the BOTTIMMO SaaS Service and BOTTIMMO Content will cease, except as otherwise expressly provided in these Terms.

§ 12 Final Provisions

1. Unless expressly agreed otherwise between the Parties, the place of performance for all rights and obligations of the Parties arising from this agreement shall be the registered office of BOTTIMMO in Kreuzlingen, Switzerland.
2. The exclusive place of jurisdiction for any and all legal disputes, controversy or claim arising out of or in connection with this agreement shall be the competent courts for Kreuzlingen, Canton of Thurgau, Switzerland. Customer hereby irrevocably submits to such jurisdiction.
3. This agreement and any dispute, controversy or claim arising out of or in connection with it shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
4. These Terms and Conditions constitute the entire agreement between the Parties with respect to their subject matter. There are no side agreements. Any amendments or additions to these Terms and Conditions must be made in writing, through an Order Form, addendum, or another documented method expressly accepted by BOTTIMMO. This form requirement may only be waived in writing.
5. If any provision of these Terms is or becomes invalid, unlawful or unenforceable in whole or in part, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law. Any invalid, unlawful or unenforceable provision, and any gap or omission, shall be deemed replaced by a valid and enforceable provision that most closely reflects the economic and legal intent of BOTTIMMO, to the extent legally permissible.