BOTRISTA TERMS AND CONDITIONS

Last Updated: July 28, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the websites, products, and services (the “Services”) provided by Botrista, Inc. (“Botrista,” “we,” “us,” or “our”). By accessing or using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services. From time to time, we may revise these Terms and will update the “Last Updated” date above. Your continued access or use of the Services after such changes become effective means that you are consenting to the updated Terms. We encourage you to periodically review this page to ensure you understand the Terms that apply at the time of your access or use.

USE OF THE SERVICES

You may use the Services only if you can form a binding contract (be of legal age, or is represented by a guardian who is of legal age) and have the sound capacity and proper authority to accept these Terms. If you access or use the Services on behalf of an entity, then (a) these Terms constitute an agreement between us and you, and us and that entity, (b) your acceptance of these Terms will bind that entity to these Terms, (c) we may disclose information regarding you and your use of the Services to that entity, and (d) the terms “you” and “your” as used in these Terms refer to both you and such entity. You agree not to (i) use the Services in violation of any law or for any purpose not expressly permitted herein, (ii) attempt accessing any portion of the Services to which you are not authorized, (iii) interfere with the Services, or (iv) transmit any harmful, defamatory, obscene, or unlawful content to or via the Services. We may modify, suspend, or discontinue any part of the Services at any time without notice and without liability to you.

ACCOUNTS AND VERIFICATION

Some features of the Services may require an account registration or identity verification. Access to certain Botrista machines and services is limited to authorized users designated for that machine or location (for example, a registered manager, store lead, or staff member). You are solely responsible for safekeeping your credentials and for all activity that occurs under your account, and you agree to provide and keep up-to-date accurate contact information. Botrista shall not be liable for any losses caused by any unauthorized use of your account. By providing us with your email address, you consent to our using the email address to send you service-related notices.

MESSAGING AND SMS TERMS

Program. Botrista offers SMS messaging to support account verification and two-factor authentication (“2FA”) for authorized users of Botrista equipment and services.

Consent and Opt-In. On the Botrista “Verify it’s you” screen, your registered phone number is displayed and you choose how to receive your code under “Send code via.” By selecting “SMS” and tapping “Send Code,” you consent to receive a one-time verification code by text message from Botrista at the number shown. Consent is not a condition of any purchase, and you may instead choose “Email” to receive your code.

Frequency and Rates. Messages are transactional and relate to verification; frequency varies with your use. Message and data rates may apply.

Opt-Out and Help. Reply STOP to opt out at any time, or HELP for assistance. You may also contact us using the details below.

Mobile Information. We do not share mobile numbers, SMS opt-in data, or messaging consent with third parties or affiliates for marketing or promotional purposes. This does not apply to service providers who help us deliver messages solely on our behalf. See our Privacy Policy for more detail.

INTELLECTUAL PROPERTY

The Services and all related content, software, trademarks, and logos are owned by Botrista or its licensors. Botrista grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable license to access the Services solely for legitimate business purposes, and solely as permitted by the features and functionalities of the Services made available to you, subject to these Terms. Except as expressly permitted, you may not copy, modify, distribute, adapt, create derivative works from, sell, or lease any part of the Services. You will not (i) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services, or on any materials printed or copied from the Services; or (ii) dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of the Services, registering and/or using Botrista or any other similar or derivative terms in domain names, trade names, trademarks or other source identifiers.

THIRD-PARTY SERVICES

The Services may link to or integrate with third-party technology, software, applications, websites, or other services that Botrista does not control. Botrista is not responsible for, and makes no representation regarding, the content, materials, product, practices, and policies of such third parties. If you decide to use any such third-party services, you do so at your own risk, on an “as is” basis, and may be subject to separate terms and conditions applicable to such third-party services. To the extent there is any conflict between these Terms and those other terms and conditions, these Terms shall take precedence.

DISCLAIMER AND LIMITATION OF LIABILITY

Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the Services and are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control. We may temporarily restrict the availability of the Services or any portions thereof without notice, and without liability. We may from time to time modify, discontinue, and enhance the Services. You agree that you do not have any rights in the Services and that Botrista will have no liability to you if any part of the Services becomes unavailable to you. Due to the open nature of the Services, and the potential for errors in the storage and transmission of digital information, Botrista does not warrant the accuracy of information contained within or obtained from the Services.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTRISTA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM YOUR USE OF THE SERVICES.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Botrista and its affiliates, and any of their respective officers, employees, and agents, from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) related ti your use of the Services or violation of these Terms.

GOVERNING LAW

These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict of laws principles. By using the Services, you hereby agree that any and all disputes relating to these Terms will be subject to the courts located in the City and County of San Francisco, or the United States District Court for the Northern District of California (San Francisco Division).

GOVERNING LAW

These Terms constitute the entire agreement by and between you and us, superseding any prior representations or agreements. If Botrista does not take action with respect to your breach or anyone else’s breach on any occasion, Botrista is not waiving its right to act with respect to future or similar breaches. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remainder of these Terms. The sections entitled “Intellectual Property,” “Disclaimer and Limitation of Liability,” “Indemnification,” “Governing Law,” “General,” and any other terms which by their nature survive termination shall survive your discontinued access or use of the Services.

CONTACT US

Botrista, Inc.
One Montgomery Tower, Suite 900, San Francisco, CA 94104
Email: support@botrista.com | Phone: 1-800-542-6190