This website Bots.Business («the Website») and all other related websites on which a link to these Terms of Service ( "the Terms" or "the Agreement") is displayed, as well as the content, as the software Bots.Business for creating bots based on services available on or through any of the foregoing are provided to you by Bots.Business (Service, BB). These Terms govern all access and use of the Service. These Terms do not govern your access and use of any software, which may be available to you under separate license terms.
All use of the Service is subject to acceptance of these Terms. By accessing or using the Service, or any content or services provided on the Service, you are agreeing to these Terms. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind, and do hereby bind, that entity to these Terms. You may not use the Service if you are a person barred from using the Service under the laws of your country, including the country in which you are resident or from which you use the Service, or international laws or treaties. In the event that you do not agree with these Terms, You must refuse to use the Service and Website. You affirm that you are over the age of 16, as the Service is not intended for children under 16.
Hereunder the term "Customer" and/or "you" will be used as meaning either you or the entity on behalf of which you accepting the Terms. The Service and the Customer hereinafter collectively referred to as "the Parties".
1. YOUR ACCOUNT AND USE OF SERVICE
1.1. The current version of the Agreement is located on the Internet at: bots.business/terms-of-service.html
1.2. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify SERVICE immediately via our contact email email@example.com. You can also reset your password by logging into your account for the Service.
1.3. Your use of the Service must comply with all Applicable law, regulations and ordinances, including any laws regarding the export of data or software.
Account - shall mean the functionality of the Service provided to the Customer under this Terms, used to display on the screen of a computer or other computer devices the history of the users' correspondence with the Bot, configure Bot and the proposed features according to the needs of the Customer, manage the tasks of finalizing the content component of interaction scenarios and management of interaction channels with Users.
Bots.Business (the "Software") - shall mean computer program that is an editor for creating Bots, free from the need for programming and additional technical specialists from the Customer, consisting of various blocks and sections and allowing the Customer to independently design Bots through an adapted visual interface.
Bot shall mean system created on the basis programming language, which allows Users to interact with devices or computer programs by making requests in any area of knowledge and receiving responses (responses) from devices or computer programs to requests sent to them or performing certain actions by the device.
Channel shall mean a system of technical means, intended for interacting with Users and transferring data (information) from the sender to the recipient.
Customer shall mean a person using the Software which confirms and accepted of all the conditions set forth in this Terms.
Cloud shall mean isolated customer's environment with a certain set of resources allocated for the customer.
Messengers and social networks shall mean a type of Channel in which Bots are integrated with software tools designed to communicate with Users, such as Telegram, Facebook, VKontakte and others currently available.
Statistics shall mean the collection, synthesis and provision in an objective form of data related to the operation of the Bot.
Territory shall mean territory within which the Customer has the right to use the Software. Under these Terms, the right to use the Software is granted to all countries of the world.
User shall mean a person who applies to the Customer (or his device) for the resolution of a particular question the answer to which is given by the Bot, created through the software.
Unique User is a non-repeating User, possessing unique characteristics that allow identifying him as a specific User, and interacting with the Bot on the Channel. In case the same User uses different Channels (Messengers and etc.), including to continue the interaction on the same request, he is considered as the Unique User for each of the Channels used.
Applicable law shall mean English law.
Payment system shall mean an electronic payment provider that provides an opportunity to accept funds in favor of legal entities via the Internet, attracted by the Service to make payments according to these Terms.
3. SUBJECT OF TERMS
3.1. The Service provides You with a simple (non-exclusive) license to use the Software within the Territory and within the limits set by the Agreement in the following ways:
- access to the Software installed on the Service's or third party's hardware;
- use of the functionality of the Software without making copy of it (cloud access) in any ways not limited by the Service and for the purposes of routing, processing User requests and providing feedback within the Sessions.
3.2. You shall not use the Software in ways not specified in this Terms.
3.3. You agree that you are responsible for your own conduct while accessing or using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not and may not allow any third party to:
3.3.1. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
3.3.2. Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
3.3.3. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any content;
3.3.4. Upload, post, transmit or otherwise make available through the Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
3.3.5. Download any content posted by another user that you know, or reasonably should know, that cannot be legally distributed in such manner;
3.3.6. Submit content that falsely expresses or implies that such content is sponsored or endorsed by Service;
3.3.7. Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
3.3.8. Promote or encourage illegal activity;
3.3.9. Interfere with other users' enjoyment of the Service;
3.3.10. Exploit the Service for any unauthorized commercial purpose;
3.3.11. Modify, adapt or reverse engineer any portion of the Service;
3.3.12. Remove any copyright, trademark or other proprietary rights notices contained in or on the Service or any content posted thereon;
3.3.13. Reformat or frame any portion of the web pages that are part of the Service's administration display;
3.3.14. Use the Service in connection with illegal peer-to-peer file sharing;
3.3.15. Display any content on the Service that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
3.3.16. Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or the content posted thereon or to collect information about its users for any unauthorized purpose;
3.3.17. Create user accounts by automated means or under false or fraudulent pretenses; or
3.3.18. Use the Service, or any interfaces provided with the Service, to access any Service's product or service in a manner that violates the Terms or other terms and conditions for use of such Service's product or service.
4. CUSTOMER'S RIGHT AND OBLIGATIONS
4.1. Customer may use the Software within the Territory the way it specified in this Terms.
4.2. The Customer shall not have the right to transfer the rights acquired according to these Terms to third parties without the additional written consent of the Service.
4.3. The Customer shall promptly provide the Service with the information necessary to fulfill the obligations under these Terms.
4.4. The Customer undertakes to pay fee to the Service in a timely manner before the start of Cloud usage period or shall stop to use the Software.
4.6. The Customer undertakes to respect the confidentiality of information regarding the Software, its constituent elements, interface and principles of operation.
4.7. When using the Software and the execution of this Terms Customer shall comply with all requirements and recommendations of the Service.
4.8. The Customer is responsible for any actions performed using access to his Account and to the management of the Bot.
4.9. If the Customer integrates the Software with third-party software, the Customer independently bears the risks and responsibility for respecting copyright and all related rights in connection with similar use of software owned by third parties.
4.10. By the time the software installation and setup begins in its territory, the Customer ensures the availability of working hardware for the regular operation of the Software.
4.11. The Customer undertakes to build dialogues with Users complying with the following rules:
● follow the rules of any third parties that provide the opportunity to interact with the User through the appropriate communication Channels, including to comply with any applicable agreements and rules of the Channels;
● be fully responsible for the content of the Bot's responses and the fact of their acceptance and transfer, as well as for the selection of the communication Channel with Users.
● if the message within the dialogue contains advertising information, he bears all the statutory duties of the advertiser and the distributor of such message;
● to ensure compliance with the requirements of the applicable law when forming the texts of dialogues, responses to requests, including, but not limited to, that their texts do not contain information that is prohibited from being disseminated by the applicable law, including unfair, inaccurate advertising / information introducing consumers misleading, encouraging the commission of unlawful acts and / or calling for violence and cruelty, which is an advertisement of a product that is prohibited by this method in this time on me or in this place, as well as being the political advertising. At the same time, it is prohibited to use obscene words and expressions (in any language), or consonant words (orthoepic) or other words of offensive content (including, but not limited to, words that offend national, religious and other feelings); threats of any nature, including the threat of violence, causing material damage;
● without the Service's participation, consider and resolve claims, complaints and other appeals of Users or third parties related to the content of the dialogues.
4.12. Customer undertakes not to use the rights and (or) technical capabilities obtained in accordance with this Terms to carry out actions prohibited by applicable law.
4.13. The Customer hereby guarantees that the bot messages in their content, as well as the fact ofsending them, comply with the requirements of the applicable law and international law, do not violatethe constitutional rights of citizens, and also do not contain any illegal content, including:
• content that restricts or violates any rights, including third party intellectual property rights
• content that is or may be considered offensive, discriminatory, including insult or discrimination basedon race, religion, color, nationality, origin, disability due to physical or mental disorders, health status,including genetic characteristics, marital status, gender, age, sexual orientation or any othercharacteristics protected by law;
• Content that is unlawful in accordance with any applicable laws or regulations;
• content that contains or transmits viruses, malware ("worms"), defects, trojans or malicious codes;
• as well as content containing:
- advertising of politics, political parties or organizations of a politicalorientation;
- alcohol and related services;
- tobacco and related services;
- sexual nature and any other content of category 18+;
- drugs and any business involved in their sale;
- weapons and any business involved in its sale;
- terrorism (or its justification), as well as calls for violation of the constitutional order.
4.14. The Parties specifically stipulated that the Service has the right to suspend (terminate) Customer's use of the Software if the content of the dialogues contradicts applicable law, moral and (or) ethical standards, or violates the rights of third parties or the terms of this Agreement, as well as upon receipt of requests from third parties or public authorities. The Service has the right to terminate the Terms. In such a case, the User's access to the Software is terminated and the paid funds are not returned.
5. SERVICE'S RIGHT AND OBLIGATIONS
5.1. The Service is entitled to independently and voluntarily make changes to the Software in order to adapt it to specific tasks or improve the functionality of the Software. All exclusive rights for such modifications are reserved for the Service.
However, the Customer is entitled to use such modifications under the terms of this Agreement, and such modifications for the purposes of this Agreement are part of the Software.
5.2. The Service has the right to indicate the Customer as his client in advertising and any other materials, in the list of clients on the site, as well as at conferences, in the preparation of commercial proposals and during negotiations with partners.
6. PERSONAL DATA
6.1. Relations of you (the Customer) and Users are governed by law applicable to such a User, as to the subject of personal data, and his personal data legislation, including, but not limited to, any laws, codes, directives, international treaties and agreements, other regulatory legal acts (hereinafter - "Personal Data Legislation"). Data shall be defined as personal in accordance with the applicable law.
6.2. The Customer is obliged to determine the Personal Data Legislation for each User and comply with its requirements for such User separately.
6.5. The Customer acts as a representative of the Service in relations with the Users on the use of personal data, and also bears full responsibility to the Users for their personal data.
6.6. The Customer is obliged to inform and in a cases stipulated by Personal Data Legislation obtain the consent of the Users for the transfer of their personal data to the Service and bring to the Users all required information in accordance with the Personal Data Legislation, about the Customer as the person to whom the personal data of the Users are transmitted.
6.7. The Customer undertakes to take and ensures that they have taken all the necessary and sufficient organizational and technical measures to protect the Users' personal data regarding its hardware, as well as any software used on it.
6.8. The Parties are prohibited from collecting, storing or processing in any other way information which is:
• relating to bank cards and user accounts, and any bank data;
• specific categories of personal data, including, but not limited to, data relating to racial and / or nationality, political views, religious or philosophical beliefs, health, intimate life, sexual orientation, biometric data, genetic data, and any other data that are classified as special in Personal Data Legislation;
• data beyond what is necessary to comply with the purpose of processing such personal data;
• data, the disclosure of which may cause significant harm to the User, violate the privacy of the User.
6.9. For the purposes of the implementation of this Terms under the General Data Protection Regulation adopted in the European Union No. EC 2016/679, the Service acts as a Processor, and the Customer acts as a Controller of personal data, with all the consequences for parties of these statuses rights and responsibilities.
6.10. In the event that the Customer violates Personal Data Legislation and causes losses to the Service as a result of such a violation, the Customer shall indemnify all losses to the Service within 15 (Fifteen) business days from the date the request is received from the Service.
7. WARRANTIES AND LIABILITY
7.1. The Service guarantees that the Software complies with the Applicable law, in particular, with the legislation on the protection of intellectual property.
7.2. The Service guarantees that at the time of the conclusion under these Terms is not bound by any contracts or agreements that prevent the conclusion of this Terms and the fulfillment of all its conditions.
7.3. The Service guarantees the accuracy of information regarding the name of the Software, its authors, as well as other information provided to the Customer under these Terms.
7.4. The Service is obliged to refrain from any actions that may impede the implementation by the Customer of the right to use the Software granted to him.
7.5. In the event that third parties file any claims with the Service or complaints about infringement of intellectual rights related to the Customer's violation of the terms of this Agreement or the applicable legislation, the Customer guarantees the settlement of these claims on its own and at its own expense, in ways that prevent the Service from incurring losses. , and in the case of damages to the Service - compensation of the damages in full within 15 (Fifteen) working days from the date of receipt of the relevant claim from the Service.
7.6. The Service may at any time immediately withdraw a license to use the Software, the right to use of which is granted to the Customer under this Terms, in the event that the Customer violates this Terms, applicable laws or the rights of third parties.
8. FORCE MAJEURE
8.1. In case of occurrence of force majeure, impeding the full or partial fulfillment of their obligations by any of the Parties under this Terms the deadlines for the Parties to fulfill their obligations under this Terms are postponed in proportion to the time whose importance of such circumstances. The occurrence of such circumstances must be confirmed by the public authorities.
8.2. The party for which the impossibility of fulfilling its obligations under the Terms was created due to the circumstances of force majeure must, no later than 7 (seven) days from the moment of occurrence and termination of the above circumstances, inform the other Party in writing about the occurrence and termination of such circumstances.
8.3. If force majeure circumstances continue for more than 1 (one) month, the Party not affected by such circumstances has the right to terminate this Agreement, in which case neither of the Parties shall have the right to claim compensation from the other Party for damages caused by the termination of the Agreement.
8.4. In this case, between the Parties, prior to the termination of the Agreement, a mutual settlement is made for debts that occurred before one of the Parties received the relevant written notice.
8.5. Failure to notify or delayed notification deprives the Party of the right to refer to any of the above circumstances as grounds for relieving it from liability for failure to fulfill obligations under this Agreement.
9.1. The parties to this Agreement undertake to keep as confidential all information of a technical, industrial and commercial nature (presented orally, visually or in writing), which they were informed about or became known to them by other means in connection with the conclusion and execution of this Terms.
9.2. Among other things, the Service's confidential information includes information regarding the algorithms and operating procedures of the Software, its interfaces and constituent components.
9.3. All rights to confidential information belong to the Party that initially transferred it. Upon termination of this Agreement, all confidential information contained on any media must be returned at the request of the Party that transferred them or destroyed.
9.4. The Parties undertake to limit the disclosure of confidential information to those representatives of the Parties (employees, consultants) who are objectively required to access this information in order to fulfill their obligations under this Agreement, and subject to the obligation of these persons to preserve the confidentiality of the information received. The parties have the right to transfer confidential information to third parties to the extent necessary for the execution of this Terms, while remaining responsible for the actions of such third parties as for their own.
The Parties undertake to ensure the treatment of confidential information with the same level of care and prudence with which the receiving Party handles its own confidential information, but in no case below the level of reasonable care.
9.5. In cases not expressly provided for by applicable law and these Terms, confidential information may be transferred to third parties only upon prior written consent of the Parties.
9.6. In case of disclosure of confidential information at the legal request of state bodies, the Party disclosing the confidential information of the other Party shall immediately notify the other Party.
9.7. For the purposes of these Terms, the following information is not considered confidential:
● information that has become publicly available through no fault or not due to a violation of the terms of this Agreement by the Party receiving the information;
● information independently obtained or developed by the Party legally without the use of any confidential information of the disclosing Party.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. These Terms (including any issues of their validity, performance or termination) shall be governed by and construed in accordance with Applicable law. Any dispute arising out of or in connection with these Terms shall be considered and finally resolved by the competent courts. Notwithstanding the foregoing, nothing in these Terms shall be construed as preventing SERVICE from seeking any injunctive relief (or other analogous measures) from a competent court in any jurisdiction.
1. EXCLUSION OF WARRANTIES
11.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT SERVICE WARRANTY OR LIABILITY FOR LOSSES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
11.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SERVICE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE OR ANY APPLICATIONS OR EXTERNAL SITES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CORRECTNESS, ACCURACY AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERVICE DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE OR (D) THE SERVICE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. FINAL PROVISIONS
12.1. These Terms may be modified and / or supplemented by the Service at any time unilaterally. However, continued use of the Software after making changes and / or additions to these Terms means that you agrees with such changes and / or additions, and therefore you undertakes to regularly monitor changes to the Terms posted on the Internet at the Website.
The Parties specifically agreed that the Service has the right to unilaterally change the amount of remuneration provided for in these Terms by notifying you of such changes by posting this information on the Website (or in price lists) before such changes take effect.
12.2. If any of the provisions of this Agreement is invalidated, it does not affect the validity or applicability of the remaining provisions of this Agreement.
12.3. Appeals, proposals and claims of individuals and legal entities to the Service related to the operation of the Software, violations of the rights and interests of third parties, requirements of the legislation, as well as for requests of persons authorized by the legislation may be sent to the email address: firstname.lastname@example.org