Thank you for choosing Botafy! These Terms and Conditions ("Terms") outline the rules and guidelines governing your access to and use of our website located at staging.botafy.com (the "Site") and the services we provide (collectively referred to as "Services"). Botafy ("Company," "we," "our," or "us") is committed to providing you with an innovative and reliable experience.
By accessing or using the Site and its Services, you signify your acceptance of these Terms. Please read them carefully. If you do not agree with any part of these Terms, we kindly ask you to discontinue your use of the Site immediately.
1. Definitions
- "Services": Refers to the suite of AI-powered solutions, tools, features, and functionalities offered by Botafy through the Site, including but not limited to workflow automation, chatbot systems, and analytics tools.
- "User" or "You": Refers to any individual, organization, or entity that accesses, interacts with, or utilizes the Site or the Services provided by Botafy, whether on their own behalf or on behalf of another party.
- "Content": Encompasses all materials available on the Site, including but not limited to text, images, graphics, videos, design elements, source code, software, and any other intellectual property, whether proprietary to Botafy or licensed by third parties for use on the Site.
2. Acceptance of Terms
By accessing or using the Site, you acknowledge and agree to the following:
- You confirm that you are at least 18 years old, or if you are under 18, you have obtained the explicit consent of a parent or legal guardian to access and use the Site and Services.
- You represent that you have read, understood, and agree to be bound by these Terms, including any modifications or updates made to them over time.
- Your use of the Site and its Services signifies your ongoing acceptance of these Terms. If you do not agree to any provision outlined in these Terms, you are prohibited from accessing or using the Site or its Services.
3. Use of the Site
Your use of the Site is subject to the following conditions:
- Authorized Use: You agree to utilize the Site and its Services solely for their intended purposes, in a manner consistent with these Terms and in compliance with all applicable local, national, and international laws and regulations.
- Prohibited Activities: To maintain the integrity and functionality of the Site, you agree not to:
- Use the Site for any illegal, fraudulent, or unauthorized purpose.
- Engage in activities that could interfere with or disrupt the operation or security of the Site, including transmitting harmful code, such as viruses or malware.
- Attempt to access unauthorized areas of our systems, servers, or data, including bypassing any access restrictions implemented on the Site.
- Use automated tools, such as bots, scrapers, or crawlers, to access, extract, or manipulate data from the Site without our express prior written consent.
- Misrepresent your identity or affiliation with any person or entity while using the Site.
Failure to comply with these conditions may result in the suspension or termination of your access to the Site and could subject you to legal consequences.
4. Intellectual Property
The intellectual property rights associated with the Site and its Content are important to Botafy. This section outlines the rights and restrictions:
- Ownership: All Content on the Site, including but not limited to text, software, graphics, logos, designs, and other materials, is the property of Botafy or its licensors and is protected by copyright, trademark, patent, and other applicable intellectual property laws. Any use of this Content outside the scope permitted by these Terms constitutes a violation of intellectual property rights.
- License to Use: You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and its Content for lawful personal or internal business purposes. This license does not include any resale, redistribution, or derivative use of the Site or its Content without explicit written consent from Botafy.
- Restrictions: You may not:
- Modify, copy, reproduce, republish, upload, post, transmit, or distribute any part of the Content without prior written authorization from Botafy.
- Use any trademarks, logos, or service marks displayed on the Site without the owner's prior written permission.
- Claim ownership of any intellectual property from the Site.
- Consequences of Unauthorized Use: Any unauthorized use of the Site or its Content may result in legal action, including but not limited to claims for damages and/or injunctive relief.
5. User Content
We value the contributions of users to the Site. If you choose to submit, post, or upload any content, the following terms apply:
- License Grant: By submitting, posting, or uploading content to the Site, you grant Botafy a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form, media, or technology for purposes related to the operation and promotion of our Services.
- User Representations and Warranties: You represent and warrant that:
- You own or have the necessary rights and permissions to grant the license described above for all content you submit.
- Your content does not infringe upon the intellectual property, privacy, publicity, or other rights of any third party.
- Your content complies with all applicable laws and regulations.
- Prohibited Content: You agree not to submit, post, or upload any content that is:
- False, misleading, or fraudulent.
- Defamatory, obscene, abusive, or otherwise objectionable.
- Promoting illegal activities or violating any laws.
- Our Rights Regarding User Content: While we are not obligated to monitor user submissions, we reserve the right to review, remove, or refuse to display any content that violates these Terms or is deemed inappropriate at our sole discretion.
- Indemnification: You agree to indemnify and hold Botafy harmless from any claims, damages, or liabilities arising from your content or its misuse by others.
6. Privacy Policy
Our Privacy Policy governs the collection, use, and disclosure of your personal information. By using the Site, you agree to the terms of the Privacy Policy.
7. Third-Party Links and Services
The Site may include links to third-party websites or services that are not owned or controlled by Botafy. The following terms apply:
- No Endorsement: The inclusion of links to third-party websites or services does not imply endorsement, sponsorship, or recommendation by Botafy of their content, products, or practices.
- No Responsibility: Botafy is not responsible for the content, functionality, accuracy, terms of service, or privacy policies of these external sites or services. Accessing them is at your own risk.
- User Responsibility: You are encouraged to review the terms and privacy policies of any third-party websites or services you visit. Your interactions with these external entities are solely between you and the third party.
- Liability Limitation: Botafy disclaims all liability arising from your use of third-party websites or services linked through the Site.
By using the Site, you acknowledge and agree that Botafy shall not be held accountable for any issues arising from third-party content or services.
8. Disclaimer of Warranties
Botafy strives to provide reliable Services; however, we make no guarantees about their performance or suitability. The following disclaimers apply:
- "As Is" and "As Available" Basis: The Site and Services are provided on an "as is" and "as available" basis, without any warranties or representations of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.
- No Guarantee of Functionality: We do not warrant that:
- The Site or Services will meet your specific requirements or expectations.
- The Site or Services will be uninterrupted, secure, timely, or free of errors.
- Any defects or errors will be corrected promptly or at all.
- No Warranty on Content: We do not guarantee the accuracy, reliability, or completeness of any Content or information available on the Site.
- Third-Party Materials: Any reliance on third-party materials, links, or services accessed through the Site is at your own discretion and risk.
To the fullest extent permitted by law, Botafy disclaims all warranties not expressly outlined in these Terms.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Botafy’s liability is strictly limited as follows:
- Exclusion of Certain Damages: Botafy shall not be held liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to:
- Loss of profits, revenue, or data.
- Business interruptions.
- Costs of substitute goods or services.
- Any other intangible losses arising out of or related to your use or inability to use the Site or Services, even if Botafy has been advised of the possibility of such damages.
- Monetary Cap on Liability: Botafy’s total aggregate liability for any claim, whether in contract, tort, or otherwise, arising from your use of the Site or Services shall not exceed the total amount you have paid, if any, for accessing or using the Services in the 12 months preceding the claim.
- Exclusions by Jurisdiction: Some jurisdictions do not allow the exclusion or limitation of certain liabilities. In such cases, our liability will be limited to the maximum extent permitted by applicable law.
By using the Site, you acknowledge and agree to these limitations of liability.
10. Indemnification
By using the Site and Services, you agree to defend, indemnify, and hold harmless Botafy, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal and attorney’s fees) arising out of or related to:
- Your Use of the Site: Any activities or interactions conducted on the Site that violate these Terms, applicable laws, or third-party rights.
- Violation of Terms: Your breach or violation of these Terms, including representations, warranties, or obligations outlined herein.
- User Content: Any claims resulting from your submitted, posted, or uploaded content, including but not limited to allegations of intellectual property infringement, defamation, or violation of privacy rights.
- Unlawful Activities: Any fraudulent, illegal, or unauthorized activities conducted by you through the Site.
Botafy reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully in asserting any available defenses. This indemnification obligation survives your use of the Site and termination of these Terms.
11. Termination
Botafy reserves the right to terminate or suspend your access to the Site and its Services at its sole discretion, under the following circumstances:
- Violation of Terms: If you breach or violate any provision of these Terms, including unauthorized use of the Site or its Content.
- Harmful Conduct: If your actions are deemed harmful, disruptive, or potentially damaging to the Site, other users, or Botafy’s operations, reputation, or infrastructure.
- Legal or Regulatory Reasons: If required by applicable laws, regulations, or legal processes.
- Immediate Action: Termination or suspension may occur without prior notice if deemed necessary to protect the Site, its users, or Botafy’s interests.
- Effect of Termination: Upon termination, your right to access and use the Site and Services ceases immediately. Any provisions of these Terms that, by their nature, should survive termination (e.g., indemnification, limitation of liability) shall remain in effect.
Botafy is not liable to you or any third party for any termination or suspension of your access to the Site or Services.
12. Modifications to Terms
Botafy reserves the right to update or modify these Terms at any time at its sole discretion. The following outlines the process and implications of such modifications:
- Notification of Changes: Any updates or modifications to these Terms will be posted on the Site. Significant changes may also be communicated through other channels, such as email notifications or alerts on the Site.
- Effective Date: All changes become effective immediately upon posting, unless otherwise stated in the update.
- User Responsibility: It is your responsibility to review the Terms periodically to stay informed about any modifications. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
- Binding Nature: The updated Terms replace and supersede any prior versions, and your access to and use of the Site will be governed by the most current version.
If you do not agree with any updates or modifications, you must cease using the Site and Services immediately.
13. Governing Law and Jurisdiction
These Terms are governed by and shall be construed in accordance with the laws applicable to the jurisdiction in which you access the Site, as detailed below:
- For Users Accessing from India:
- These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
- Any disputes, controversies, or claims arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in [Insert City], India. By using the Site, you agree to submit to the jurisdiction of these courts and waive any objections to such jurisdiction or venue.
- For Users Accessing from the United States:
- These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], United States, without reference to its conflicts of law principles.
- Any disputes, controversies, or claims arising out of or relating to these Terms shall be resolved exclusively in the federal or state courts located in [Insert City], [Insert State], United States. By agreeing to these Terms, you consent to the personal jurisdiction of these courts and waive any objections based on venue or forum inconvenience.
- For Users Accessing from Other Locations:
- If you access the Site from a location outside India or the United States, you are responsible for compliance with local laws and regulations. Botafy does not guarantee that the Site or Services are appropriate or available for use in all geographic locations.
By accessing and using the Site, you explicitly agree to the jurisdictional provisions outlined above and accept that the governing law will be applied based on your location.
14. Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Site, please feel free to contact us. We value your input and are here to assist you.
You can reach us at:
15. Miscellaneous
This section addresses additional provisions to ensure clarity and enforceability of these Terms:
- Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the rest of the Terms and shall not affect the validity and enforceability of the remaining provisions.
- Entire Agreement: These Terms, along with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and Botafy concerning your access to and use of the Site and Services. They supersede any prior or contemporaneous communications, whether written or oral, related to the subject matter of these Terms.
- No Waiver: Botafy’s failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver or modification must be in writing and signed by an authorized representative of Botafy.
- Assignment: You may not assign or transfer your rights or obligations under these Terms without prior written consent from Botafy. We reserve the right to assign or transfer our rights and obligations under these Terms without restriction.
- Force Majeure: Botafy shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, or technical failures.
By continuing to use the Site and Services, you agree to these additional provisions.