This Terms And Conditions Of Use Agreement applies to the BOTTLEBANK® CA Mobile Application (the “App”) owned and operated by Innovabin Inc. (“Innovabin,” “we,” “us,” or “our”) and is effective as of July 1, 2024 (this “Agreement”). The App is designed to assist third-parties in the recycling industry (“Recycling Operators") to manage beverage container redemption under the BOTTLEBANK® mark (“Redemption Services”). The App works with Hyperwallet (A PayPal Service) to facilitate Recyclers providing a range of payout solutions as part of each Recycler’s particular Redemption Services. By using this App, you (“you”, “your” or “user”) agree to comply with and be bound by this Agreement and applicable Hyperwallet and PayPal legal agreements. Please review these terms and conditions carefully.
1. Agreement. This Agreement specifies the terms and conditions for access to and use of the App. This Agreement may be modified unilaterally at any time by Innovabin upon publication of a modified Agreement. Any such modifications will be effective immediately. The most recent version of this Agreement will be published in both the Apple and Google Play stores. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. This Agreement was last modified on June 29, 2024.
2. Privacy. Users’ use of the App is also governed by our Privacy Policy. The Privacy Policy is incorporated by this reference into this Agreement.
3. Ownership. All content included on this App is and shall continue to be the property of Innovabin or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights laws. Any copying, redistribution, use, or publication by you of any such content or any part of the App is strictly prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the App.
4. Intended Audience. This App is intended for adults only. This App is not intended for any children under the age of 13.
5. Trademarks. BOTTLEBANK® is a registered trademark licensed for use by Innovabin. Other products or services mentioned on the App, in this Agreement, or in the Privacy Policy may be trademarks of their respective owners.
6. App Use.
a. Limited License.
Subject to the terms and conditions of this Agreement, Innovabin grants you a non-transferable, non-exclusive, non-sublicensable, non-assignable, revocable, royalty-free, limited license to use the App solely for your own personal use only as minimally required to participate in the beverage container redemption process and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the App, access files not owned by you, reverse engineer or break into the App, modify, tamper with, or use materials, products, or services in violation of any law. You agree not to attempt to tamper with the security or functionality of the App, and to refrain from examination of files that contain sensitive information (including as specifically defined in the Privacy Policy as “Information”) not normally viewed by any end-users, and/or containing Information that does not belong to you. You are strictly prohibited from providing false information to Innovabin or its third-party vendors. Knowingly providing false, fictitious, or misleading information (i.e., false name or false bank account credentials), or otherwise intentionally misrepresenting oneself is not permitted by this Agreement. Utilizing the App or any user account in any way that is not consistent with this Agreement and the intended use of the App, including making two or more user accounts, or engaging in illegal, unethical, or malicious activity, is prohibited.
b. BOTTLEBANK® Bags Drop and Processing.
i. Currently, all Recyclers utilizing the App to facilitate their provision of Redemption Services are certified by the California Department of Resources Recycling and Recovery and are subject to California law. General terms and conditions:
A. Users must use BOTTLEBANK® bags containing RFID tags to use the App.
B. Recyclers will refuse to provide services via the App for any beverage containers provided in any bag that is not a BOTTLEBANK® bag containing RFID purchased from Innovabin. EXCEPTION: Previously purchased BOTTLEBANK® bags without RFID tags will be allowed until further notice.
C. Users acknowledge that the BOTTLEBANK® bags containing beverage container materials will be delivered to Recyclers for inspection and weighing at a later time, at a different location than where deposited. This means it is not possible to determine at the drop-off location whether any user’s deposited load exceeds the daily load limits. The load limits can be found below in Section 6.c.
D. One User Account Per Person. Each person may create only one (1) user account.
E. CalRecycle’s Limitations Apply. The Recyclers utilizing Innovabin’s App to provide you with their separate Redemption Services operate under multiple regulations including, but not limited to: Beverage Container Recycling Pilot Program [Senate Bill 458]; California Beverage Container Recycling & Litter Reduction Act [Assembly Bill 2020]; and Beverage Container Recycling [Senate Bill 1013]. Innovabin updates this Agreement regularly, endeavoring to comply with evolving legislative requirements. For the latest regulatory updates by CalRecycle, please visit https://calrecycle.ca.gov/bevcontainer/.
ii. Bag content
A. The collection of mixed materials in BOTTLEBANK® bags is allowed.
B. All beverage container types, except for glass, are allowed to be lightly crushed. The container must not be crushed to the extent that the CRV label cannot be identified.
C. Recyclers facilitating their Redemption Services via the App reserve the right to reject any bags or their content, if it is suspected that the BOTTLEBANK® bag is;
a. filled with glass beverage containers above the limit marker displayed on the bags (in the case of older bags, a reasonable limit must be maintained);
b. in a poor condition, such as it is ripped, cut, untied, or unclosed;
c. contains ineligible material (material that has any line breakage, was previously redeemed or baled or is an out-of-state container);
d. contains material that is not whole nor free of contaminants such as dirt, excessive liquid, or other foreign substances;
e. contains material that does not have an eligible CRV label as defined below under sections 6(b(ii(F-G)))) (or was crushed to the extent that the label is not visible anymore);
f. contains crushed glass; or
g. is suspected to have a bag content that is above the allowed daily load limit.
D. The user will be notified by the App of any bag quality issues or rejections imposed by any Recycling Operator.
E. Users may not put anything into BOTTLEBANK® bags or attempt to use the App with any product that is not a beverage container meeting the requirements of CalRecycle or as stated in this Agreement. Any attempt to use the App for the deposit of any biohazardous materials (such as dirty diapers, pet waste, syringes, spit, chewing tobacco or related products, or other biological materials or substances), or unclean beverage containers (such as containers carrying excessive amounts of liquid, trash, or sticky residues) will result in the immediate termination of the user account and forfeiture of funds therein.
F. Recyclers will only buy or redeem beverage containers with a visible CRV label, unless exempt under the California Beverage Container Recycling & Litter Reduction Act. Acceptable labeling options for CRV materials are: California Redemption Value; CA Redemption Value; California Cash Refund; CA Cash Refund; and, CA CRV.
Exemptions will be verified by the relevant Recycling Operator at the time of inspection. Large format fruit and vegetable juices bottled before July 1, 2024, do not require a CRV label to be redeemed.
G. As of January 1, 2024, the California Beverage Container Recycling & Litter Reduction Act newly includes redemption of containers holding wine (including sparkling or carbonated beverages and non-alcoholic or light-alcohol wine), distilled spirits, wine or distilled-spirits coolers with any percentage of alcohol by volume (including RTD mixed cocktails), all fruit and vegetable juices are included regardless of size or percentage if they are in plastic, aluminum, glass or bimetal beverage containers. Newly included beverage containers may include a box, bladder, pouch, or similar container, and each container type has a value of twenty-five cents ($0.25), regardless of size.
H. Users may redeem crushed beverage containers if the CRV label qualifies and is fully visible on the container. Glass containers must not be crushed.
c. Daily Load Limit. Users are subject to the daily load limits of empty CRV beverage containers imposed by CalRecycle. The below load limits apply. Any material received from a consumer in excess of the below-listed load limits, even if the material has a CRV refund value, will be categorized as scrap. The current scrap value is zero USD ($0).
i. Weight limits. 25 pounds for aluminum; 25 pounds for plastic; 250 pounds for glass; 50 pounds for bag-in-box; and 25 pounds each for multilayer pouches and paperboard cartons.
ii. There is no guarantee that bags that were dropped off in the same session will be processed together on the same day. Load limits are based on the drop-off date, not the processing date.
d. Payment and Fees.
i. Payments are weight-based. Users will not be paid by count unless any Recycler determines that it is more efficient to process the material of a bag by count.
ii. BOTTLEBANK® bags are processed and their value is credited within seventy-two (72) hours of bag drop-off.
iii. The App works with Hyperwallet (A PayPal Service) to facilitate Recyclers providing a range of payout solutions as part of each Recycling Operator's particular Redemption Services.
iv. Processing fee. Starting on January 1, 2025 users will be charged a twenty-five cent USD ($0.25) processing fee by Recyclers for each BOTTLEBANK® bag that is processed. Until this date, users’ processing fees will be waived. If the bag value is less than or equal to the processing fee, there will not be a processing fee.
v. Transfer fee. Users will be charged a transfer fee, each time a user transfers their CRV redemption funds from the virtual balance via Hyperwallet (A PayPal Service) to the chosen payout location. Transfer fees will be deducted from customers’ balances during the transfer process, and fees passed through to users by Recyclers will match the applicable payment processor’s fee, which may depend on the form of payment of the payout selected by the user (such as ACH bank transfer, PayPal, and Venmo). As of June 2024, PayPal and Venmo are charging a fixed twenty-five cent USD ($0.25) fee per transfer.
e. No Third-Party Redemption Services Permitted. Innovabin prohibits the use of third parties to use the App on behalf of any user.
f. Sales Final. ALL SALES BY USERS TO RECYCLERS ARE FINAL. Users who inadvertently fail to follow the correct procedures, or who wish to seek credit for a bag that was presumably not accepted by a Recycler within the appropriate processing period, may contact customer support, via email at support@bottlebankca.com with “Bag Credit Inquiry” in the subject line, or via phone at 1 (415) 907-5455, to inquire about receiving credit from any Recycler. Bag credit inquiries have to be made via email within three (3) business days following the seventy-two (72) hours payment window after the bag drop.
g. Termination. The use of this App is at the sole discretion of Innovabin, and Innovabin may terminate your use of the App at any time.
h. California Purchased Beverage Containers Only. You will refrain from attempting to redeem any beverage container through the App that was not purchased in the State of California.
7. Forfeiture of Funds Due to User Error. In order to accurately measure the weight of any bag and remit beverage container redemption funds to the correct user account, Recyclig Operators rely on users of the App to follow the prescribed check-in and drop-off procedures. Failure to correctly utilize the App may result in the forfeiture of funds by the Recycler. It is each user’s responsibility to verify that the relevant BOTTLEBANK® bag is accounted for by the Recycling Operators in that user’s account in the App.
8. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the App. You further agree that information provided by you to Innovabin or its third-party payment or technology vendors is truthful and accurate to the best of your knowledge.
9. Indemnification. You agree to indemnify, defend, and hold Innovabin and our partners, employees, and affiliates, harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement, the Privacy Policy or use of the App.
10. Disclaimer. THE INFORMATION ON THE APP IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. INNOVABIN DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP MUST BE TO DISCONTINUE USING THE APP.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL INNOVABIN BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, YOUR APP USE, OR CONTENT ON THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR CONTENT ON THE APP IS TO CEASE ALL OF YOUR APP USE. INNOVABIN IS NOT RESPONSIBLE FOR ANY ERRORS IN MEASURING THE WEIGHT OF A BAG OR DELAY IN MEASURING THE WEIGHT OF A BAG CREATED BY YOUR VIOLATION OF THIS AGREEMENT OR ANY ACTION OF A RECYCLER. You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Use of Information. Innovabin reserves the right, and you authorize us, to use and assign all information regarding App uses by you, and all information provided by you, in any manner consistent with our Privacy Policy.
13. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the App;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the App is Attorney Hannah Stitt with Tectonic Law PC who can be reached as follows:
By Mail: 3929 24th Street, Suite 5, San Francisco, CA 94114
By Phone: 1 (628) 203-8479
By Email: epicenter@tectoniclaw.com
Subject Line: BottleBank Application – Notice of Copyright Infringement
14. Applicable Law; Venue; Consent to Jurisdiction. You agree that the laws of the State of California (both substantive and remedial), without regard to conflicts of laws principles, will govern this Agreement, and any dispute that may arise between you and Innovabin or its affiliates related to the App. Any matter based upon or arising out of this Agreement, the matters contemplated herein, or a dispute between the parties of any kind must be initiated and prosecuted exclusively in the courts in the City and County of San Francisco, California. You expressly consent and submit to the personal jurisdiction and venue of the courts located within the City and County of San Francisco, California. You consent to personal service at the address provided by you in your user account (if any).
15. Severability. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision must be limited, or eliminated to the minimum extent necessary, so that this Agreement will otherwise remain in full force and effect.
16. Waiver. The failure of any provision of this Agreement will in no manner affect the right to enforce the entire Agreement, and the waiver by Innovabin of any breach of any provision of this Agreement must not be construed to be a waiver by Innovabin of any succeeding breach of such provision or a waiver by Innovabin of any breach of any other provision. Any waiver by Innovabin must be in writing and signed by an authorized representative of Innovabin.
17. Termination. Innovabin may terminate this Agreement and the availability and functionality of the App at any time, with or without notice, for any reason.
18. Relationship of the Parties. Nothing contained in this Agreement or your use of the App will be construed to constitute you as a partner, joint venturer, employee, or agent of the Innovabin.
19. Entire Agreement. This Agreement constitutes the entire agreement between you and Innovabin regarding the terms and conditions of your use of the App, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Innovabin with respect to the App. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the App. Innovabin may revise this Agreement at any time by updating this Agreement and posting it on the App. Your continued use of the App after any changes have been made to this Agreement signifies and confirms your acceptance of any such changes or amendments.
10. Contact Information. Innovabin may be contacted via email at support@bottlebankca.com with “BottleBank Application - Terms and Conditions of Use” in the subject line for any questions or inquiries, or via phone at 1 (415) 907-5455.
21. Hyperwallet (A PayPal Service). Users are subject to applicable legal agreements, including the terms and conditions and privacy policy set forth on the Hyperwallet (A PayPal Service) website (Hyperwallet and PayPal legal agreements).