Botame

Terms and Conditions

Welcome to Botame, a mobile app created by KONA GROUP LLC, a New York-based company (“Botame,” “we,” “our,” or “us”). We’re excited you’re here. These Terms of Use (“Terms”) are here to help you understand your rights and responsibilities when using Botame. By downloading, installing, accessing, or using our app, you are entering into a binding agreement with us. If you do not agree to these Terms or our Privacy Policy, please do not use our Services.

1. About Botame

Botame is designed to help users identify plants, access in-depth care instructions, and receive task reminders to optimize their plants’ health. The Services include our mobile app, website, and any content or features provided by KONA GROUP LLC (collectively, the “Services”).

2. Eligibility

You must be at least 4 years old to use Botame. By using Botame, you confirm that you are at least 4 years of age, legally able to enter into a binding contract, and that all registration information you provide is accurate and up to date.

Children Under 4
The Services are not intended for use by children under the age of 4. If you are under 4, you may not use Botame or provide any personal information to us. We do not knowingly collect personal information from children under 4.

If we learn that we have inadvertently collected personal data from a user under the age of 4, we will delete such data promptly and terminate the associated account. If you believe we may have collected information from a child under 4, please contact us at [email protected].

Minor Users (Ages 4–17)
If you are between the ages of 4 and 17, you may use the Services only with the consent and supervision of a parent or legal guardian. By using Botame, you represent that you have received such permission.

3. Your Account

To use certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your login credentials and for any activity that occurs under your account. You may not transfer, sell, or assign your account to anyone else. If you suspect unauthorized use of your account, contact us immediately at [email protected].

4. Copyright Infringement & DMCA Policy

We respect the intellectual property rights of others. If you believe that any content on the Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing:

  • Your name, address, telephone number, and email address;
  • A description of the copyrighted work you claim has been infringed;
  • A description of where the infringing material is located in the app or on our website;
  • A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf;
  • Your electronic or physical signature.

Submit your DMCA notice to:
📧 Email: [email protected]

We reserve the right to remove allegedly infringing content and, where appropriate, terminate the accounts of repeat infringers.

5. Export Compliance

You agree not to use, export, or re-export the Services except as authorized by United States law. Specifically, you agree not to:

  • Export or re-export the Services to any country or region subject to U.S. export restrictions (including but not limited to Cuba, Iran, North Korea, Syria, or the Crimea region);
  • Use the Services in any way that would violate U.S. export control laws or economic sanctions regulations.

By using Botame, you represent that you are not located in a country subject to such restrictions, and that you are not a prohibited end-user under applicable laws.

6. Subscriptions, Payments & Renewals

Botame is accessible through a paid subscription. Each subscription includes access for one account.

Subscriptions are billed in advance on a recurring basis (e.g., monthly or annually) via the app store through which you subscribed. Your subscription will automatically renew unless you cancel it before the end of the current billing period. You can cancel your subscription through the relevant app store’s account settings.

We may update our subscription pricing from time to time, but we will provide advance notice of any changes. Refund requests for in-app purchases must be handled through the app store. We do not offer prorated refunds.

For billing questions, contact us at [email protected].

7. Promotional Offers

We may offer limited-time promotions or trial periods from time to time. These offers may be subject to eligibility requirements and specific terms, and we reserve the right to modify or discontinue them at any time.

8. Not Professional Advice

Botame provides general plant care information and reminders. It is not intended to replace professional horticultural, agricultural, or environmental advice.

We do not guarantee that every recommendation will be suitable for your specific plant or conditions. If you require expert guidance, consult a qualified professional.

9. Acceptable Use

You agree to use Botame only for lawful and appropriate purposes. You may not:

  • Use the Services in any manner that violates any applicable law or regulation;
  • Engage in harassment, abuse, impersonation, or misrepresentation;
  • Introduce any viruses, malware, or other harmful software;
  • Interfere with or disrupt the performance of the Services;
  • Attempt to reverse engineer or extract source code from our software.

We reserve the right to suspend or terminate accounts engaged in conduct that violates these Terms or harms others.

10. Ownership and Intellectual Property

Botame and all associated content, including graphics, animations, code, and trademarks, are the property of KONA GROUP LLC or our licensors. By using Botame, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal purposes only.

You may not reproduce, distribute, publicly display, or create derivative works from any Botame content. Use of our trademarks requires our prior written consent.

11. Third-Party Platforms and Services

Botame may link to or incorporate third-party services. We are not responsible for the content, policies, or practices of those third-party services. Your use of third-party services is subject to their own terms and conditions.

12. App Stores & Device Usage

Your use of Botame is also subject to the terms and policies of the app store through which you download it (e.g., Apple or Google). These stores are not responsible for Botame’s content or functionality. Any support requests should be directed to us at [email protected]. Refunds are governed by the app store’s policies.

13. Changes to the Services

We may change, suspend, or discontinue any part of Botame at any time without notice. We are not liable for any modifications or termination of the Services.

14. Account Termination

We may suspend or terminate your access to Botame if you violate these Terms, misuse the Services, or cause harm. You may also choose to delete your account at any time.

Upon termination, your license to use Botame ends, and we may delete your data except where required by law to retain it.

15. Data & Privacy

Our collection and use of your personal data is governed by our Privacy Policy. Please review it to understand how we protect your information.

16. Disclaimer of Warranties

Botame is provided “as is” and “as available” without warranties of any kind. We do not guarantee that:

  • The Services will be secure, timely, uninterrupted, or error-free;
  • The content will be accurate or reliable;
  • The app will meet your expectations.

To the fullest extent permitted by law, we disclaim all warranties, express or implied.

17. Limitation of Liability

To the maximum extent allowed by law, KONA GROUP LLC, including its officers, employees, and agents, shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of Botame.

Our total liability for any claim shall not exceed the amount you paid to us in the six months prior to the incident giving rise to the claim.

18. Indemnification

You agree to indemnify and hold harmless KONA GROUP LLC and its affiliates from any claims, losses, damages, liabilities, or expenses arising from:

  • Your use of the Services;
  • Your breach of these Terms;
  • Any content you post or transmit through the Services.

19. Dispute Resolution & Arbitration

Before taking legal action, we encourage you to contact us at [email protected] to resolve any disputes informally.

If we are unable to resolve a dispute, you and Botame agree to resolve it through binding arbitration under the rules of the American Arbitration Association. Arbitration will take place in New York County, New York.

By agreeing to arbitration, you waive your right to a jury trial and to participate in class action lawsuits. Your continued use of the Services after these Terms are updated constitutes agreement to any revised dispute resolution terms.

20. Governing Law

These Terms are governed by the laws of the State of New York. Any legal disputes not subject to arbitration must be brought in New York County, New York.

21. Severability & Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will continue to apply. Our failure to enforce a right or provision does not waive our ability to enforce it later.

22. Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes through the app or by email.

Your continued use of Botame after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to any updates, you must stop using the Services.

23. Contact Us

Have questions? Reach out anytime.

Email: [email protected]

Thanks for using Botame. We hope you enjoy your experience.