SOFTWARE SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS
Effective as of November 1, 2024
These terms and conditions (the "Terms and Conditions") govern the use of www.dobotherme.com
(the "Site"). This Site is owned and operated by DoBotherMe Inc. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
This Site is a portfolio.
These Software Subscription Terms and Conditions (“Terms”) set forth the terms under which DoBotherMe Inc. (“DoBotherMe”) will provide the customer (“User”) that purchases Subscription (as defined below) with access to the Services (as defined below).
These Terms are a legal agreement. By PURCHASING A SUBSCPRITION, accessing the Site, OR using the Services, YOU (TOGETHER WITH the ENTITY FOR WHICH YOU REGISTER, ACCESS, OR USE THE SERVICES) ARE ACCEPTING THESE TERMS AND YOU UNDERSTAND AND AGREE THAT YOU WILL CREATE A LEGALLY ENFORCEABLE CONTRACT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF AND THE ENTITY THAT YOU REPRESENT. BY SIGNING AN ORDER OR BY ACCESSING OR USING THE SERVICES. IF YOU CANNOT OR DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, YOU SHOULD NOT PURCHASE A SUBSCRIPTION AND YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES.
Certain definitions used in this Agreement are set forth below, other capitalized terms used herein shall have the respective meanings set forth elsewhere in this Agreement.
Agreement: means these Terms and Conditions, the applicable Subscprition(s), and any and all addenda, supplements or schedules thereto.
Freemium plan: Includes personalized meal recipes with 1-diet meal option, specifying number of household members and allergens, and placing an order only through Instacart.
Premium plan: Includes all features in freemium plan and additionally 2-diet meal option, personal dietary preferences, shared household profile between family members, supported favorite recipes, placing an order through more than 1 vendor.
Billing cycle – 1 Billing cycle equals 30 days
Account - A digital identity used by the application software to interact with other applications or the operating system which requires a combination of a login and password to authenticate a user.
Subscription - We offer a subscription-based use of our products.
Third Party - Any service, platform, partner or product that is related to the implementation and operation of the DoBotherMe application.
2. Intellectual Property
All content published and made available on our Site is the property of DoBotherMe Inc. and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
3. Accounts
When you create an account on our Site, you agree to the following:
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
These Terms and Conditions govern the sale of goods available on our Site. These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
The following goods are available on our Site:
- Software Application.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
5. Subscriptions
We offer all Users access to our Freemium features. We offer a paid monthly subscription for all our Premium features.
Your subscription automatically renews, and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps:
Please, send an email to support@dobtoherme.com and your subscription will be cancelled.
A subscription could be canceled at any time and the user access to paid features remains available till the end of the billing cycle.
6. Payments
Upon subscription purchase, the user shall pay DoBotherMe Inc the subscprition fee specified on the GoPremium Landing Page. All payments shall be made in US Dollars. Once the transaction of subscription purchase is successfully processed, the user gets immediate access to all Premium features till next billing cycle. In case of a first-time subscription payment when the transaction is not successful, the user does not get access to all Premium features. In case of a recurring subscprition payment when the transaction is not successful, the user will continue to have access to all Premium features for up to 7 days, after which period the subscription will be canceled and the User will stop having access to all Premium Features but will continue to have access to all Freemium Features.
We accept the following payment methods on our Site:
When you provide us with your payment information, you authorize our use of and access to the
payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
7. Taxes
The fees or other amount required to be paid hereunder do not include any taxes, levy or other governmental charges. The User agrees to be responsible for the payment of all applicable taxes and charges, excluding taxes based upon DoBotherMe’s net income.
8. Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
9. Third Party Products and Services
In connection with the Products and Services, DoBotherMe Inc. may use, or may provide the user with access to Third-Party Products such as software, websites, platforms, and AI models such as OpenAI Assistant API – GPT-4O-mini, that we do not own or are in control of. We are not responsible for the content, policies, or practices of any Third-Party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these Third-Party software, websites, platforms and AI models before using these sites.
The User acknowledges and agrees that DoBotherMe does not make any warranties regarding Third-Party Products and Services and is not responsible for the operation, failure and availability of any Third-Party Products and Services. Third-Party Products and Services are subject to the terms and conditions of the applicable Third Parties and not subject to the terms of this Agreement. The User agrees to comply with any terms of service, software agreement, or other terms required by any third party in connection with the User’s use of the Third-Party Products and Services.
Data Privacy.
DoBotherMe will collect and use User Personal Information in accordance with DoBotherMe’s Privacy Policy and GDPR Agreement available at dobotherme.com. By entering into this Agreement or using the Services, the User is agreeing to the collection and use of the User’s Personal Information as set forth in the Privacy Policy and the User agrees to comply with all applicable data privacy and security laws, regulations, or orders.
Warranties. The User represents and warrants that it has full power, right and authority to enter into this Agreement, to carry out its obligations under this Agreement, and to grant the rights granted to Latch herein.
9. Limitation of Liability
DoBotherMe Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site. DoBotherMe shall have no obligations to User with respect to the Services for errors like (a) generating recipes that contains ingredients that are selected as allergens or dislikes that may result in adverse health consequences for the User; (b) order fulfillment – damaged products, missing, replaced or unavailable items, or any other issues related to the order fulfillment that may result in material and non-material damages for the User.
10. Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless DoBotherMe Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
11. Applicable Law
These Terms and Conditions are governed by the laws of the State of Delaware.
12. Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent
or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
12. Changes/Amendments
These Terms and Conditions may be amended from time to time by DoBotherMe Inc. in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
13. Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
16192 Coastal Highway, Lewes, DE
You can also contact us through the feedback form available on our Site.
Effective Date: 1st November, 2024