General terms and conditions for Bot services

Terms and Conditions - Brazil

The customer, individual or legal entity that fills out the Bot Form (“Customer”) – second grantor, adheres to these General Terms and Conditions of Bot Services (“Terms”) and hires BOT RECUPERAÇÃO DE DADOS LTDA, a private legal entity, registered with the CNPJ under number 11.535.082/0001-95 (“Bot”), first grantor, to provide the Diagnostic service, as described in this document, stating that it is aware of all the conditions and obligations set forth below.

1. INITIAL CUSTOMER STATEMENTS
1.1 The Customer declares and acknowledges, under his sole responsibility, that:
a) He has not succeeded in his own attempts to recover the data from his Device, which is his property and entire responsibility;
b) Except in cases of data loss due to ransomware, data erasure or formatting, the Device was already damaged before the activation of Bot and therefore Bot has no responsibility to return the Device to the Customer in working order;
c) The devices sent without sealing and/or original label of the manufacturer may have been completely changed and even have no data inside its structure;
d) No physical service other than the delivery of the Device may be required, and recognizes that the Device will be transported to other locations, if necessary.
e) Bot is authorized to remove seals and/or warranty labels and/or change the firmware or internal programming of the Device, which may imply loss of originality, functionality or any other warranty under the manufacturer’s warranty, so Bot is not responsible.
1.2 “Device” is considered the device that may be, among others, a HD, External HD, pen drive, Memory Card, cell phone, Smartphone, Tablet, RAID (set of HDs), that has lost data in any way. The device will be analyzed by Bot for eventual recovery of data that was inserted in the device by the Customer, but that later were lost, totally or partially, for any reason. No accessories, such as cables, fonts, boxes or complete equipment are included in the definition of the Device.
1.3 The present instrument (contract) is a pre-contract, which binds the second party, with specific conditions that specify the order and diagnostic service that precede the main service (data recovery).

2. THE DIAGNOSIS OF BOT
2.1 By filling out the “Bot Form”, available at https://bot.rec.br/iniciar-recuperacao-de-dados/ and filled out when hiring Bot by this Term, the Customer hires Bot to perform the “Diagnosis”, understood as the service of analysis of the Device to identify the level of difficulty and the possibility and/or viability of retrieving the data that have been stored on the Device, and to present the Budget. At this moment, the customer must choose (if available in the informed ZIP code), between free collection, free shipping or delivery at the reception of one of the “Bot Unit”.
2.1.1 In the forms where free collection or free shipping is required, the customer must require proof of collection or shipping at the time of delivery of the device and is responsible for its storage. The receipt is the document that formalizes that the collection or shipment occurred and is mandatory item in case of need of complaint with the carrier / courier. If the client does not have this proof, Bot is not responsible for the device and / or the complaint with the carrier / courier.
2.2 Bot does not charge for the diagnosis, but the customer may choose to pay for a different period of diagnosis. When filling out the Bot Form, the Customer will be offered the free Diagnostic Term and the paid Diagnostic Term available upon payment. The Customer will choose the preferred Diagnostic Term and may change it by e-mailing Bot until the Diagnostic is completed. Any change to the Diagnostic Term will only be valid after the actual payment to Bot of the total amount reported by Bot for the new Diagnostic Term chosen.
2.3 The Diagnostic Term is only counted from the payment of the corresponding amount, if any, and from the delivery of the Device in the Unit Bot, starting with the one that occurs last.
2.4 If the Customer fails to pay the price corresponding to the chosen Diagnostic Term, the Diagnostic will be performed in the free mode, applying the free Diagnostic Term indicated in the Bot Form, starting with the delivery of the Device in the Bot Unit.
2.5. The price for the Diagnostic Term, if any, will not be refundable under any circumstances, even if the Budget is rejected.
2.6 After the conclusion of the Diagnosis, Bot will send to the Customer the budget with the proposal for the provision of services necessary for the Recovery and other necessary information (“Budget”).
2.7. The Client will have a period of 10 (ten) days after receipt to approve the Budget, by e-mail communication to Bot under the terms indicated in the Budget. The Customer’s express refusal, or lack of response (silence), will result in the termination of the relationship between Customer and Bot, without prejudice to the collection of the amounts that are already due at that time relating to the Term of Diagnosis.
2.8. In case of non-approval of the Budget by the Customer, for return, these are the conditions:
2.8.1. If it was requested the free shipping or free collection, the Customer must request by e-mail the return of the Device and it will be done EXCLUSIVELY by sending by carrier or post (SEDEX) at a fixed cost of R$ 35 for forms where free collection was requested and R$ 55 for forms where free shipping was requested.
2.8.2 If the device was delivered at the reception, the Client must request by e-mail the withdrawal of the Device at the same Bot Unit, which will be done by prior scheduling and presentation of the Form and identity document, from the 4th (fourth) working day and no later than 15 (fifteen) days from the rejection of the Budget by the Client.The Client who does not withdraw the Device within the period indicated or who does not make the payment of the amounts due to Bot is subject to the disposal of them by Bot, according to Clause 2.9. If the Client does not collect the Device within the maximum period established above, the Device and/or data recovered will be forwarded to Bot’s central laboratory and its eventual withdrawal until the maximum period of storage described in Clause 2.9 will be subject to the payment of additional freight, according to the Bot Unit to be sent.
2.8.4 Bot does not carry out any form of shipping other than those described in this Term.
2.9 If the Customer receives the Quote and does not respond to Bot, approving or refusing it, within 120 (one hundred and twenty) days from receipt, Bot may DISCARD THE DEVICE, at its sole discretion, and the Customer will not be entitled to any claim, compensation or compensation for the Device and lost data, for any reason, in or out of court.
2.10. If the Customer refuses the Budget and does not show up at the Bot Unit to withdraw the Device within the period indicated above, Bot will notify the Customer by e-mail requesting immediate withdrawal. If the Client does not withdraw the Device within 120 (one hundred and twenty) days from the notification, Bot may DISCARD THE DEVICE, at its sole discretion, and the Customer shall not be entitled to any claim, indemnification or compensation for the Device and data lost, for any reason, in or out of court.
2.11. THIS TERM DOES NOT CONFIGURE IN ANY WAY A DEPOSIT CONTRACT.

3. CONDITIONS TO MAKE THE DIAGNOSIS
3.1. The Customer authorizes, from now on, in case of necessity, the transportation of the Device throughout the national territory, by the means chosen by Bot, without prior notice. The Customer can choose the transport company, as long as they request it in writing to Bot and fully support the costs of transport. Bot is not responsible for any damage, loss or theft that may occur in transport services provided by third parties, such events being classified as fortuitous or force majeure.
3.2 Bot is not responsible for any damage, loss or theft or the occurrence of any fortuitous event or force majeure that may occur in the period in which they are in their dependencies or partners.
3.3 No Device or its accessories will be covered by insurance while they are in the possession of Bot or any third party hired by Bot. If the Customer chooses to contract insurance, the Customer will be fully responsible for such contract.
3.4 Bot will not receive any accessories of the Device, such as cables, fonts, boxes. All accessories must be removed and, if maintained, can be immediately discarded by Bot without any need for prior notification or approval from the Customer.
3.4.1 In case of notebooks, cameras or any other Device containing HD, SSD or other internal storage method, the Customer shall seek technical assistance to remove it from the Device BEFORE SHIPMENT OR DELIVERY to Bot. Bot will not receive the complete equipment and, if brought or shipped, will not make any changes to the equipment or start any work until the Customer provides for the removal of the Device, not starting any Diagnostic Term in such cases.
3.5. The Bot collects data about the device used by the Customer to fill out the Bot Form, the IP address, Internet browser used and operating system. By filling out the Bot Form, the Client AGREES TO THE COLLECTION OF THIS DATA.

4. VIGENCE
4.1 This Term will prevail between the Customer and Bot from the completion of the Bot Form and until full compliance with all obligations arising therefrom.
4.2. The Customer may request the termination of this Agreement and the return of the Device at any time, being, however, obliged to pay Bot any amounts corresponding to the Diagnosis that have already been contracted.
4.3 Bot may terminate this Agreement at any time, at no cost to the Customer, returning the Device in accordance with this Term.

5. FINAL DISPOSITIONS
5.1. Adherence. By filling out the Bot Form, the Customer fully adheres to the clauses, terms and conditions contained in this Term and declares that he or she has fully understood its content. The strict observance of all conditions of this Term is indispensable for the provision of services by Bot.
5.2 Definitions. In this Term and in all Bot communications, the terms and expressions indicated in quotation marks, used in singular or plural, in any gender, with capital or lowercase, will have the meanings assigned here.
5.3 Contact. The Customer declares accepting, hereby, that Bot contact him, for the purposes specified in this Agreement, by electronic means, including, among others, cell phone, e-mail, text message, or any other convenient, at the addresses indicated in the Bot Form, being considered valid any communications made by these means.
5.4 Independence between the Clauses. Each provision, item of this Term, constitutes an independent and distinct commitment or provision. Whenever possible, each provision of this Term shall be interpreted so as to be valid and effective in light of current legislation. The nullity, in whole or in part, of any provision of this Term shall not affect the validity of any other provision of this Term, and the Parties shall seek to replace the provision declared void with another that reflects the real intention of the Parties existing at the time of signing this Term.
5.5 Succession. This Agreement binds the Parties and their successors in any title.
5.6 Tolerance. Any omission or delay by either of the Parties to demand the fulfillment of any obligation or condition of this Agreement by the other Part, or to exercise any right, prerogative or recourse hereunder, shall not constitute novation to or waiver of the future possibility of demanding the fulfillment of such obligation, condition, right, prerogative or recourse.
5.7. This contract constitutes the entire agreement between the parties with respect to the matters and subjects that are part of it, and therefore it prevails and expressly revokes and excludes any other existing agreement between them that is prior to it.
5.8 This Term is registered at the 1st Registry of Deeds and Documents of the District of Belo Horizonte/MG, under no. 01566426, producing effects before the parties and any third parties, for all legal purposes.
5.9. Disputes arising from the interpretation and application of this Agreement shall be settled by common agreement between the parties. If agreement is not possible, the matter will be resolved by arbitration. The exclusive jurisdiction of the court of Belo Horizonte/MG is hereby established, with express waiver of any other.
5.10. This contract is written in digital format, on a public website, which will be digitally accepted by the client, with the due collection of the timestamp and IP address of the acceptor, which will constitute his “digital signature” and full express consent, whose full copy will be sent to the e-mail informed by the client.

Last update: August 2020

    Terms and Conditions - Portugal

    The Client, natural or legal person who fills out the Bot Form (“Client”) – Second (2nd) grantor, adheres to these General Terms and Conditions of Bot Services (“Term”) and hires MATRIXMASSIVE – LDA, legal person, NIPC 514654767 (“Bot”), first grantor, to provide the Diagnostic service, as described in this document, declaring to be aware of all the conditions and obligations set forth below. 

    1. INITIAL CUSTOMER STATEMENTS
    1.1 The Client declares and acknowledges, under his sole responsibility, that:
    a) He has not succeeded in his own attempts to recover the data from his Device, which is his property and entire responsibility;
    b) Except in cases of data loss due to ransomware, data erasure or formatting, the Device was already damaged before the activation of Bot and therefore Bot has no responsibility to return the Device to the Customer in working order;
    c) The devices sent without sealing and/or original label of the manufacturer may have been completely changed and even have no data inside its structure;
    d) No physical attendance other than the delivery of the Device can be required or requested, and recognizes that the Device will be transported to other locations, if necessary.
    e) Bot is authorized to remove seals and/or warranty labels and/or change the firmware or internal programming of the Device, which may imply loss of originality, functionality or any other warranty under the manufacturer’s warranty, so Bot is not responsible.
    1.2 “Device” is considered to be, among others, a disk, External disk, pen drive, Memory Card, Mobile Phone, Smartphone, Tablet, RAID (set of disks), which has lost data in any way. The Device will be analyzed by Bot for eventual recovery of data that was inserted in the device by the Client, but that later were lost, totally or partially, for any reason. No accessories, such as cables, fonts, boxes or complete equipment are included in the definition of the Device.
    1.3 The present instrument (contract) is a pre-contract, which binds the second party, with specific conditions that specify the order and diagnostic service that precede the main service (data recovery).

    2. THE DIAGNOSIS OF BOT
    2.1 By filling out the “Bot Form”, available at https://botrecuperacao.pt/iniciar-recuperacao-de-dados/ and filled out when hiring Bot by this Term, the Customer hires Bot to perform the “Diagnosis”, understood as the service of analysis of the Device to identify the level of difficulty and the possibility and/or viability of recovering the data that have been stored on the Device, and to present the Budget. At that moment, the Customer must choose between free collection or delivery at the reception of one of the “Bot Unit”.
    2.1.1 In the forms where there is the need for the free collection, the Customer must demand the carrier’s courier proof of collection at the time of delivery of the device and is responsible for its storage. The proof is the document that formalizes that the collection has occurred and is mandatory item in case of need of complaint with the carrier. If the client does not have this proof, Bot is not responsible for the device and / or the complaint with the carrier.
    2.2 Bot does not charge for the diagnosis, but the customer may choose to pay for a different period of diagnosis. When filling out the Bot Form, the Customer will be offered the free Diagnostic Term and the paid Diagnostic Term available upon payment. The Customer will choose the preferred Diagnostic Term and may change it by e-mailing Bot until the Diagnostic is completed. Any change to the Diagnostic Term will only be valid after the actual payment to Bot of the total amount reported by Bot for the new Diagnostic Term chosen.
    2.3 The Diagnostic Term is only counted from the payment of the corresponding amount, if any, and from the delivery of the Device in the Unit Bot, starting with the one that occurs last.
    2.4 If the Customer fails to pay the price corresponding to the chosen Diagnostic Term, the Diagnostic will be performed in the free mode, applying the free Diagnostic Term indicated in the Bot Form, starting with the delivery of the Device in the Bot Unit.
    2.5. The price for the Diagnostic Term, if it exists, will not be refundable under any circumstances, even if the Budget is rejected.
    2.6 After the conclusion of the Diagnosis, Bot will send to the Customer the budget with the proposal for the provision of services necessary for the Recovery and other necessary information (“Budget”).
    2.7. The Client will have a period of 10 (ten) days after receipt to approve the Budget, by e-mail communication to Bot under the terms indicated in the Budget. The Customer’s express refusal, or lack of response (silence), will result in the termination of the relationship between Customer and Bot, without prejudice to the collection of the amounts that are already due at that time relating to the Term of Diagnosis.
    2.8. In case of non-approval of the Budget by the Customer, for return, these are the conditions:
    2.8.1. If the free collection was requested, the Customer must request by e-mail the return of the Device and it will be done EXCLUSIVELY by sending by carrier or post at a fixed cost of € 9 (packaging and transport).
    2.8.2 If the device was delivered at reception, the Customer must request through communication by e-mail the collection of the Device at the same Bot Unit, which will be done by prior scheduling and presentation of the Form and identification document, from the 4th (fourth) working day and no later than 15 (fifteen) days from the Customer’s rejection of the Budget. The Client who does not raise the Device within the period indicated or who does not make the payment of the amounts due to Bot is subject to the disposal of them by Bot, according to Clause 2.9. If the Client does not lift the Device within the maximum period established above, the Device and/or data recovered will be / will be forwarded to Bot’s central laboratory and its eventual lifting until the maximum period of storage described in Clause 2.9 will be subject to the payment of additional freight, according to the Bot Unit to be sent.
    2.8.4 Bot does not carry out any form of shipping or return other than those described in this Term.
    2.9 If the Customer receives the Budget and does not answer to Bot, approving or refusing it, within 120 (one hundred and twenty) days from receipt, Bot may DISCART THE DEVICE, at its sole discretion, and the Customer will not be entitled to any claim, compensation or indemnity for the Device and lost data, for any reason, in or out of court.
    2.10. If the Customer refuses the Budget and does not show up at the Bot Unit to pick up the Device within the period indicated above, Bot will notify the Customer by e-mail requesting immediate pick up. If the Customer does not pick up the Device within 120 (one hundred and twenty) days from the notification, Bot may DISCART THE DEVICE, at its sole discretion, and the Customer will not be entitled to any claim, compensation or indemnity for the Device and data lost, for any reason, in or out of court.
    2.11. THIS TERM DOES NOT CONSTITUTE A CONTRACT OF DEPOSIT IN ANY WAY.

    3. CONDITIONS TO MAKE THE DIAGNOSIS
    3.1. The Client authorizes, from now on, in case of necessity, the transportation of the Device throughout the national territory, by the means chosen by Bot, without prior notice. The Customer can choose the transport company, as long as they request it in writing to Bot and fully support the costs of transport. Bot is not responsible for any damage, loss or theft that may occur in transport services provided by third parties, such events being classified as fortuitous or force majeure.
    3.2 Bot is not responsible for any damage, loss or theft or the occurrence of any fortuitous case or force majeure that may occur in the period in which they are in its dependencies or partners.
    3.3 No Device or its accessories will be covered by insurance while they are in the possession of Bot or any third party hired by Bot. If the Client chooses to take out insurance, the Client will be fully responsible for such a contract.
    3.4 Bot will not receive any accessories of the Device, such as cables, fonts, boxes. All accessories must be removed and, if maintained, can be immediately discarded by Bot without any need for prior notification or approval from the Customer.
    3.4.1 In case of laptops, film machines or any other Device that contains disk, SSD or other internal storage method, the Customer shall seek technical assistance to remove it from the Device BEFORE SHIPMENT OR DELIVERY to Bot. Bot will not receive the complete equipment and, if brought or shipped, will not make any changes to the equipment or start any work until the Customer provides for the removal of the Device, not starting any Diagnostic Term in such cases.
    3.5. The Bot collects data about the device used by the Customer to fill out the Bot Form, the IP address, Internet browser used and operating system. By filling out the Bot Form, the Customer AGREES TO COLLECT THIS DATA.

    4. VIGENCE
    4.1 This Term will be in effect between the Client and Bot as of the completion of the Bot Form and until full compliance with all obligations arising therefrom.
    4.2. The Customer may request the termination of this Agreement and the return of the Device at any time, being, however, obliged to pay Bot any amounts corresponding to the Diagnosis that have already been contracted.
    4.3 Bot may terminate this Agreement at any time, at no cost to the Customer, returning the Device in accordance with this Term.

    5. FINAL DISPOSITIONS
    5.1. Adherence. By filling out the Bot Form, the Customer fully adheres to the clauses, terms and conditions contained in this Term and declares that he or she has fully understood its content. The strict observance of all conditions of this Term is indispensable for the provision of services by Bot.
    5.2 Definitions. In this Term and in all Bot communications, the terms and expressions indicated in quotation marks, used in singular or plural, in any gender, with capital or lowercase, will have the meanings assigned here.
    5.3 Contact. The Client declares accepting, hereby, that Bot will contact him, for the purposes specified in this Agreement, by electronic means, including, among others, cell phone, e-mail, text message, or any other convenient, at the addresses indicated in the Bot Form, being considered valid any communications made by such means.
    5.4 Independence between the Clauses. Each provision, item of this Term, constitutes an independent and distinct commitment or provision. Whenever possible, each provision of this Term shall be interpreted so as to be valid and effective in light of current legislation. The nullity, in whole or in part, of any provision of this Term shall not affect the validity of any other provision of this Term, and the Parties shall seek to replace the provision declared void with another that reflects the real intention of the Parties existing at the time of signing this Term.
    5.5 Succession. This Agreement binds the Parties and their successors in title.
    5.6 Tolerance. Any omission or delay by either Party to demand performance of any obligation or condition of this Agreement by the other Party, or to exercise any right, prerogative or remedy provided for herein, shall not constitute novation to or waiver of the future possibility of demanding performance of such obligation, condition, right, prerogative or remedy.
    5.7. This contract constitutes the entire agreement between the parties with respect to the matters and matters which are part of it, and it therefore prevails and expressly revokes and excludes any other existing agreement between them which is prior to it.
    5.8 In all the omissions of the present contract, the provisions of the Portuguese legislation shall be complied with, in particular the provisions in force on Service Contracts, provided for in articles 1154 et seq. of the Civil Code, and other applicable legislation and regulations, as amended.
    5.9. Disputes arising from the interpretation and application of this Agreement shall be settled by common agreement between the parties. If agreement is not possible, the matter will be resolved by arbitration. In the event of the need for resolution by judicial means, the exclusive jurisdiction of the Porto District Court is hereby stipulated, with express waiver of any other.
    5.10. This contract is written in digital format, on a public website, which will be digitally accepted by the client, with the due collection of the timestamp and IP address of the acceptor, which will constitute his “digital signature” and full express consent, whose full copy will be sent to the e-mail informed by the client.

    Last update: August 2020