GENERAL TERMS AND CONDITIONS FOR BOT’S SERVICES
You, an individual or legal entity filling out the Bot Form (“Client”), adheres to these and General Terms and Conditions For Bot’s Services (“Term”) and contracts Bot Tecnologia e Serviços EIRELI, a private legal entity, registered at the CNPJ under No. 11.535.082/0001-95 (“Bot”) to provide the Diagnosis service, as described in the present document, declaring to be aware of all the conditions and obligations set forth hereunder.
1. THE CLIENT’S INITIAL STATEMENTS
1.1. The Client hereby declares and acknowledges, under its exclusive responsibility, that:
a) It was unsuccessful in its own attempts to recover the data from its Device, which is its property and full responsibility;
b) Except in cases of data loss resulting from ransomware, data erasure or formatting, its Device was already damaged before stowage at Bot, and, therefore, Bot has no responsibility whatsoever to return the Device to the Client in functioning condition;
c) Devices shipped unsealed and/or manufacturer’s original label may have been completely altered and even have no data within its structure;
d) No physical service other than delivery of the Device may be required or demanded, and it acknowledges that the Device shall be transported to other locations, if necessary.
e) Except in cases of data loss resulting from ransomware, data erasure or formatting, Bot is authorized to remove seals and/or warranty labels and/or alter the firmware or internal programming of the Device, which may implicate in loss of originality, functionality or any other warranty which might exist with the manufacturer, for which Bot is not liable.
1.2. The “Device” is regarded as a fixture which may be a HD, External HD, flash drive, Memory Card, Mobile phone, Smartphone, Tablet, RAID (HDs set), among others, which has lost data in any manner. The Device shall be analyzed by Bot for an eventual recovery of data which has been inserted into the device by the Client, but which has subsequently been lost, in part or in whole, for any reason. No accessories, such as cables, power sources, boxes or complete equipment are includes in the definition of Device.
2. BOT’S DIAGNOSIS
2.1. When filling out the “Bot Form”, available at https://bot.rec.br/iniciar-recuperacao-de-dados/ and filled out upon hiring Bot as per this Term, the Client hires Bot for conduction of the “Diagnosis”, understood as the service of analysis of the Device for identification of the level of difficulty and the possibility and/or feasibility of recovering the data which has been stored in the Device and presentation of the Budget. On the occasion, the Client must choose the “Bot Unit” to which it must appear to deliver the Device to Bot, among those offered when filling out the Bot Form.
2.2. Bot does not charge for the performance of the Diagnosis, but the Client may choose to pay for a differentiated Diagnosis Deadline. By filling out the Bot Form, the Client shall be offered the Free Diagnosis Deadline and the Diagnostic Deadlines available for payment. The Client shall choose the Diagnosis Deadline of its preference and may change it by upon a written communication to Bot until the Diagnosis is completed. Any alteration to the Diagnosis Deadline shall only be valid after the effective payment to Bot of the total amount informed by Bot for the new selected Diagnosis Deadline.
2.3. The Diagnosis Deadline shall only be counted from the payment of the corresponding amount, if any, and delivery of the Device to the Bot Unit, starting with whichever occurs last.
2.4. If the Client fails to pay the price corresponding to the selected Diagnosis Deadline, the Diagnosis shall be performed in the free modality, applying the free Diagnosis Deadline indicated on the Bot Form counted from the delivery of the Device at the Bot Unit.
2.5. The price related to the Diagnosis Deadline, if existent, shall not be refundable under any circumstances, even if the Budget is rejected.
2.6. Upon completion of the Diagnosis, Bot shall submit to the Client its budget with a proposal for rendering of the necessary services for the Recovery and other necessary information (“Budget”).
2.7. The Client shall have 10 (ten) days counted from the receipt to approve the Budget upon manifestation by email to Bot in the terms indicated in the Budget. The express refusal by the Client shall result in the termination of the relationship between the Client and Bot, without prejudice to the collection of amounts already due at that moment, related to the Diagnosis Deadline.
2.8. In case of non-approval of the Budget by the Client, the Client may request, by email, the collection of the Device in a Bot Unit, which shall be performed upon prior appointment and presentation of the Service Order and identity document, as of the 4th (fourth) business day and within up to 15 (fifteen) days counted from the rejection of the Budget by the Client. The Client which fails to withdraw the Device and/or eventual recovered data within the specified deadline or to pay the amounts due to Bot shall be subject to their disposal by Bot, as per Clause 2.9.
2.8.1. In case the Client fails to withdraw the Device within the maximum deadline established hereinabove, the Device and/or recovered data shall be submitted to Bot’s central laboratory and its eventual withdrawal until the maximum storage period described in Clause 2.9 shall be subject to the payment of additional freight according to the Bot Unit to be sent.
2.8.2. Exceptionally, the Client may request the devolution of the Device through PAC or SEDEX to its address, in which case the corresponding shipping fee shall be charged by Bot.
2.8.3. Bot does not practice any form of submission other than the ones described in this Term.
2.9. Should the Client receive the Budget and fails to reply to Bot approving or rejecting it within the deadline of 120 (one hundred and twenty) days counted from its receipt, Bot may DISCARD THE DEVICE, to its exclusive discretion, and the Client shall not be entitled to any claim, indemnification or compensation for the Device and lost data, by any right or title, judicially or extrajudicially.
2.10. In case the Client rejects the Budget and does not appear at the Bot Unit to withdraw the Device within the period indicated hereinabove, Bot shall notify the Client by email requesting its immediate withdrawal. Should the Client fail to withdraw the Device within 120 (one hundred and twenty) days counted from the notification, Bot may DISCARD THE DEVICE, to its exclusive discretion, and the Client shall not be entitled to any claim, indemnification or compensation for the Device and lost data, by any right or title, judicially or extrajudicially.
2.11. THIS TERM DOES NOT CONFIGURE A DEPOSIT AGREEMENT IN ANY MANNER.
3. CONDITIONS FOR CONDUCTION OF THE DIAGNOSIS
3.1. The Client henceforth authorizes, in case of need, the transportation of the Device throughout the national territory, by the means chosen by Bot, without prior notice. The Client shall be entitled to choose the carrier, as long as it requests it in writing to Bot and fully bears the transportation costs. Bot shall not be liable for any damages, misplacement or theft which may occur in the transportation services provided by third parties, such events being classified as a fortuitous or force majeure event.
3.2. Bot shall not be liable for any damages, misplacement or theft, or for any fortuitous or force majeure event which might occur in the period in which they are in its premises or partners’ premises.
3.3. No Device or its accessories shall be covered by insurance while in Bot’s possession or of any third party contracted by Bot. Should the Client opt to contract insurance, the Client shall be fully responsible for such contracting.
3.4. Bot shall not receive any accessory of the Device, such as cables, power sources, boxes. All accessories must be removed and, if maintained, they may be immediately discarded by Bot without any prior notification or approval from the Client.
3.4.1. In the case of laptops, camcorders or any other Device containing an HD, SSD or any other internal storage method, the Client shall seek technical assistance for removal from the Device prior to delivery to Bot. Bot shall not receive the complete equipment and, if delivered or sent, it shall not make any alteration to the equipment or start any work until the Client arranges for the removal of the Device, and no Diagnosis Deadline begins in such cases.
3.5. Bot collects data on the device utilized by the Client to fill out the Bot Form, its IP address, the utilized Internet browser and the operating system. When filling out the Bot Form, the Client AGREES WITH THE COLLECTION OF SUCH DATA.
4. THE PRIORITIES AND THEIR IMPORTANCE
4.1. The Client shall indicate its Priorities in the Bot Form, as clearly, specifically and detailed as possible. “Priority” is understood as the Client’s guidance regarding the most important data stored on the Device, identified by the file names, file types, folders, directory in which they are located, saving period and other information, the Recovery of which Bot shall treat as a priority.
4.2. Bot shall perform the Recovery following the order of Priorities defined by the Client, seeking, preferably, to recover the Priority and, secondarily, to recover the other data.
4.3. THE PRIORITY SHALL GUIDE THE RECOVERY. THE CLIENT IS SOLELY RESPONSIBLE FOR DEFINING ITS PRIORITIES AND REPORTING THEM TO BOT IN A PROPER MANNER. THE DEFINITION OF PRIORITIES IN AN INCORRECT, INCOMPLETE OR IMPRECISE MANNER MAY HINDER THE FULFILLMENT OF THE PRIORITY AND THE RECOVERY OF THE OTHER DATA, FOR WHICH BOT SHALL NOT BE RESPONSIBLE.
5.1. This Term shall be effective between the Client and Bot as of the filling out of the Bot Form and until the complete fulfillment of all the obligations arising herefrom.
5.2. The Client may request the rescission of this Agreement and the devolution of the Device at any time, being, nevertheless bound to pay Bot the eventual amounts corresponding to the Diagnosis which has already been contracted.
5.3. Bot may rescind the present Agreement at any time, without onus to the Client, by returning the Device to it pursuant to this Term.
6. FINAL PROVISIONS
6.1. Adhesion. When filling out the Bot Form, the Client fully adheres to the clauses, terms and conditions contained in the present Term and declares that it has fully understood its content. The strict observance of all the conditions of this Term is indispensable to the rendering of the services by Bot.
6.2. Definitions. In the present Term and in all Bot’s communications, the terms and expressions indicated between quotes, utilized in the singular or plural, in any gender, with uppercase or lowercase, shall have the meanings herein attributed to them.
6.3. Contact. The Client hereby declares to accept that Bot shall contact it for the purposes specified in this Agreement by electronic means, including, but not limited to, cell phone messages, emails, text messages, or whichever other convenient means, to the addressed indicated in the Bot Form, considering any communications made by these means as valid.
6.4. Independence between the Clauses. Each clause, item of this Term constitutes a separate and distinct commitment or provision. Whenever possible, each provision of this Term shall be construed to be valid and effective under the current legislation. The invalidity, in whole or in part, of any provision of this Term shall not affect the validity of any other provision herein, and the Parties must seek to replace the provision declared void by another one which reflects the actual intent of the Parties existing upon the signature of this Term.
6.5. Succession. The present Term binds the Parties and their successors by any right or title.
6.6. Cession. Bot may cede any of its rights and obligations under this Term to any individual or legal entity, irrespective of any notice or notification to the Client, including vendor or factoring institutions, credit rights investment funds, specialized collection companies, among others.
6.7. Tolerance. Any omission or delay by either Party to enforce the fulfillment of any obligation or condition of the present Term by the other Party, or to exercise any right, prerogative or appeal herein foreseen, shall not constitute a novation or imply a waiver of the future possibility of demanding compliance with such obligation, condition, right, prerogative or appeal.
6.8. Registration. This Term is registered in the 1st/ Register of Deeds and Documents of the District of Belo Horizonte/MG, under nº 01566426, producing effects towards the parties and towards any third parties, for all legal intents and purposes.
6.9. Court of Jurisdiction. The parties hereby elect the Court of the Judicial District of Belo Horizonte/MG, as the sole competent to resolve any doubts resulting from the present Term, expressly dismissing any other, however privileged it may be.