Effective Date: 2/3/25

1. Introduction Welcome to BottleShots.ai, a web-based application operated by Left Coast Marketing & Design LLC (dba BottleShots.ai) that enables users to create digital bottle images by uploading label design files. These Terms and Conditions govern your use of our services. By accessing or using our platform, you agree to be bound by these terms. If you do not agree, you may not use our services.

2. Definitions

• “Service” refers to the BottleShots.ai platform and any associated tools, features, or services.
• “User” refers to any individual or entity that accesses or uses the Service.
• “Content” refers to any images, label files, or digital assets uploaded or generated through the Service.
• “Company” refers to Left Coast Marketing & Design LLC (dba BottleShots.ai).

3. Ownership of Assets

• All images, assets, and digital content generated through the Service are the sole property of Left Coast Marketing & Design LLC (dba BottleShots.ai).
• Users are granted a limited, non-exclusive, non-transferable, revocable license to use the images generated through the Service for commercial purposes, including e-commerce, digital advertising, and product sheets.
• Users may not claim ownership of any images created through the Service.
• Left Coast Marketing & Design LLC (dba BottleShots.ai) retains all rights, including copyright, trademark, trade secret, and intellectual property rights, to all assets generated through the Service.
• Users agree not to challenge, dispute, or otherwise interfere with Left Coast Marketing & Design LLC (dba BottleShots.ai)’s ownership of any assets created through the Service.

4. User Content and Intellectual Property

• Users retain ownership of all label images and other Content uploaded to the Service.
• By uploading Content, Users grant Left Coast Marketing & Design LLC (dba BottleShots.ai) a perpetual, worldwide, irrevocable, royalty-free license to use, modify, reproduce, sublicense, and distribute the Content in connection with the provision, marketing, and improvement of the Service.
• Users represent and warrant that they have all necessary rights to upload and use the Content without infringing on any third-party rights and agree to indemnify and hold harmless Left Coast Marketing & Design LLC (dba BottleShots.ai) from any claims arising from the Content they upload.

5. Restrictions on Use Users agree not to:

• Use the Service for unlawful or unauthorized purposes.
• Upload Content that violates intellectual property laws or contains offensive, defamatory, or illegal material.
• Resell, sublicense, distribute, or use images generated through the Service beyond the granted commercial license.
• Attempt to reverse-engineer, decompile, disassemble, modify, copy, or create derivative works from the Service, its software, or underlying technology.
• Use automated means or software to scrape, collect, or manipulate data from the Service.
• Develop, create, market, or distribute a competing product or service using proprietary elements, trade secrets, or intellectual property obtained from the Service.
• Attempt to gain unauthorized access to the Service, its related systems, or networks.
• Circumvent, disable, or otherwise interfere with security-related features of the Service, including any measures preventing unauthorized copying of content or restricting use of the Service.
• Extract or attempt to extract data, algorithms, software code, or design elements of the Service for the benefit of a competing business or product.

6. Trade Secret Protection

• Users acknowledge that the software, algorithms, methodologies, and processes used in the Service constitute proprietary trade secrets of Left Coast Marketing & Design LLC (dba BottleShots.ai).
• Users agree not to disclose, share, or use any proprietary knowledge gained from their use of the Service for the development or enhancement of competing products or services.

7. Data Usage and Analytics Rights

• Left Coast Marketing & Design LLC (dba BottleShots.ai) retains all rights to any data generated through the use of the Service, including but not limited to user analytics, performance insights, and metadata.
• Users grant the Company the right to use such data for improving the Service, enhancing user experience, and marketing analysis, provided it is not personally identifiable.

8. Audit Rights

• The Company reserves the right to audit Users’ usage of the Service to ensure compliance with these Terms.
• Users agree to cooperate with any reasonable requests related to an audit and provide necessary documentation or evidence of compliance.

9. Payment and Subscription

• Access to the Service may require payment of fees, which will be detailed on our website.
• Subscription-based services will be billed on a recurring basis unless canceled in accordance with our cancellation policy.
• All fees are non-refundable unless otherwise specified.

10. Indemnification Users agree to indemnify, defend, and hold harmless Left Coast Marketing & Design LLC (dba BottleShots.ai), its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising from their use of the Service, violation of these Terms, or infringement of any third-party rights.

11. Limitation of Liability BottleShots.ai is provided “as is” and “as available.” We do not warrant that the Service will be error-free or uninterrupted. To the maximum extent permitted by law, Left Coast Marketing & Design LLC (dba BottleShots.ai) shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from the use or inability to use the Service.

12. Dispute Resolution and Class Action Waiver

• Any disputes arising out of or related to these Terms shall be resolved through binding arbitration in California, in accordance with the rules of the American Arbitration Association.
• Users waive the right to participate in class-action lawsuits or class-wide arbitration.

13. Termination Left Coast Marketing & Design LLC (dba BottleShots.ai) reserves the right to suspend or terminate your access to the Service at any time for any reason, including but not limited to violation of these Terms.

14. Privacy and Data Protection We collect and process personal data in accordance with our Privacy Policy. By using the Service, you consent to our data practices, including data collection, storage, and usage.

15. Modifications to Terms We reserve the right to modify these Terms at any time. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

16. Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.17. Contact Information For any questions regarding these Terms, please contact us at dan@bottleshots.ai.

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