Terms of Service

1. Acceptance of Terms

By accessing and using BotSmith ("Service"), you accept and agree to be bound by these Terms of Service and any applicable policies referenced in them. If you do not agree to these Terms, you must not access or use the Service.

These Terms apply to visitors, registered users, customers, and other individuals or organizations that access or use BotSmith. Additional terms may apply to particular features or services where expressly stated.

2. User Accounts

Some features of BotSmith require you to create an account. You agree to provide accurate, current, and complete information and to keep that information updated when necessary.

You are responsible for maintaining the confidentiality of your account credentials and for activities performed through your account. You must notify BotSmith promptly if you believe your account has been accessed or used without authorization.

You must be at least 13 years old to use BotSmith. If you are under 18, you must have the permission of a parent or legal guardian where required by applicable law.

3. Acceptable Use

You may use BotSmith only for lawful purposes and in accordance with these Terms. You agree not to misuse the Service or use it in a way that could harm BotSmith, other users, or third parties.

You must not:

• Use the Service for illegal, harmful, fraudulent, or abusive activities.
• Send spam, unsolicited messages, or content intended to harass, threaten, or deceive others.
• Interfere with, disrupt, overload, or attempt to compromise the Service or its infrastructure.
• Attempt to gain unauthorized access to accounts, systems, data, or portions of the Service.
• Use the Service to violate another person's intellectual property, privacy, or other legal rights.
• Attempt to bypass usage limits, security controls, authentication, or other technical restrictions.
• Reverse engineer, decompile, or otherwise attempt to extract source code from the Service except where applicable law permits it.

4. Your Content

You retain ownership of content that you submit to BotSmith, including chatbot configurations, source materials, documents, instructions, and other content you provide or create through the Service ("Your Content").

You are responsible for ensuring that you have the rights, permissions, and lawful basis necessary to submit and use Your Content with BotSmith.

You grant BotSmith the rights necessary to host, store, process, transmit, and otherwise use Your Content solely as reasonably necessary to provide, maintain, secure, and improve the Service, subject to applicable law and our Privacy Policy.

5. BotSmith Intellectual Property

The Service and its original software, interface, features, documentation, branding, logos, designs, and other materials are owned by BotSmith or its licensors and are protected by applicable intellectual property laws.

Except for the limited rights expressly granted to you under these Terms, no ownership rights are transferred to you. You may not use BotSmith branding, trademarks, or proprietary materials without prior authorization.

6. Subscriptions and Payments

Billing

Subscription fees are billed according to the plan and billing period selected by you. You agree to pay all applicable fees and taxes associated with your subscription.

Renewal

Where automatic renewal applies to your selected plan, your subscription may renew for another billing period unless you cancel before the applicable renewal date.

Refunds

Refunds are handled according to the applicable refund terms for your plan or transaction. If you have a billing concern, contact BotSmith support so the matter can be reviewed.

Price Changes

BotSmith may change subscription pricing from time to time. Where required, we will provide notice before a material price change takes effect. Continued use after the effective date may be subject to the updated pricing.

7. Usage Limits and Service Restrictions

Plans may include limits on features, chatbots, messages, source materials, storage, or other resources. Your ability to use particular features may depend on your subscription plan and applicable account limits.

BotSmith may restrict or suspend an operation when an applicable usage limit has been reached, or when necessary to protect the Service from abuse, security threats, or excessive use.

8. AI-Generated Content

BotSmith uses artificial intelligence and related technologies to generate responses and assist with chatbot functionality. AI-generated output may be incomplete, inaccurate, outdated, or inappropriate for a particular situation.

You are responsible for reviewing and evaluating AI-generated output before relying on it, publishing it, or using it to make decisions. BotSmith does not guarantee that AI-generated responses will always be accurate or suitable for your intended purpose.

9. Third-Party Services

BotSmith may integrate with or rely on third-party services, infrastructure providers, payment processors, AI providers, or other external services.

Third-party services may be governed by their own terms and policies. BotSmith is not responsible for third-party services to the extent permitted by applicable law.

10. Privacy and Data

Your use of BotSmith is also subject to the BotSmith Privacy Policy. The Privacy Policy describes how information may be collected, used, stored, and processed.

You are responsible for ensuring that content and personal information you provide to BotSmith may lawfully be processed in connection with your use of the Service.

11. Security

We take reasonable measures designed to protect the Service and information processed through it. However, no internet-based service can be guaranteed to be completely secure. You are also responsible for maintaining appropriate security for your account, credentials, devices, and content.

12. Suspension and Termination

You may stop using the Service at any time and may cancel your account or subscription according to the available account controls and applicable plan terms.

BotSmith may suspend or terminate access where reasonably necessary, including in connection with:

• A material breach of these Terms.
• Non-payment of applicable fees.
• Violation of applicable laws or regulations.
• Fraud, abuse, security threats, or misuse of the Service.
• Other circumstances where suspension or termination is permitted by applicable law.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BOTSMITH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT AI-GENERATED OUTPUT WILL ALWAYS BE ACCURATE OR RELIABLE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTSMITH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

To the extent permitted by applicable law, BotSmith's total liability arising from or relating to the Service shall not exceed the amount you paid to BotSmith for the Service during the twelve-month period preceding the event giving rise to the claim.

15. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless BotSmith and its officers, directors, employees, and agents from claims, damages, losses, liabilities, and expenses arising from your unlawful use of the Service, Your Content, or your violation of these Terms or applicable law.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws applicable to BotSmith and its operation, without regard to conflict-of-law principles, except where applicable law requires otherwise.

17. Changes to These Terms

BotSmith may update these Terms from time to time. When changes are material, we may provide notice through the Service, by email, or by another appropriate method. The updated Terms will become effective as stated in the revised Terms. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms to the extent permitted by law.