Terms of Service

Thank you for using BotX cloud platform Services, API, other developer services, Excel addins and associated software (collectively, "Services"). By accessing or using our Services, you are agreeing to the terms below (General Terms, Supplemental Terms, Privacy Policy, Data Processing & GDPR Terms) with an immediate effect. If you are accepting on behalf of Customer, you represent and warrant that:
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- you have full legal authority to bind Customer to this Agreement;
- you have read and understand this Agreement; and
- you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Service. For an offline variant of this Agreement, you may contact BotX for more information.

If there is a conflict between these terms and additional terms applicable to a given Service, the additional terms will control for that conflict. Collectively, we refer to the terms below (General Terms, Supplemental Terms), any additional terms, terms within the accompanying Service documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use the Services as an interface to, or in conjunction with other BotX products or services, then the terms for those other products or services also apply.

Under the Terms, "BotX" means BotX s.r.o. company ID: 08239410 and company VAT ID: CZ08239410, with offices at 28. října 205/45, Moravská Ostrava, 702 00 Ostrava, Česká republika (Czech Republic), EU, unless set forth otherwise in additional terms applicable for a given Service. We may refer to "BotX" as "we", "our", or "us" in the Terms.

Section 1: Account and Registration

a. Accepting the Terms

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with BotX, or (b) you are a person barred from using or receiving the Services under the applicable laws of the Czech Republic or other countries including the country in which you are resident or from which you use the Services.

b. Entity Level Acceptance

If you are using the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).

c. Registration

In order to access certain Services you may be required to provide certain information (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. Any registration information you give to BotX will always be accurate and up to date and you'll inform us promptly of any updates.

d. Subsidiaries and Affiliates

BotX may have subsidiaries and affiliated legal entities around the world. These companies may provide the Services to you on behalf of BotX and the Terms will also govern your relationship with these companies.

Section 2: Using Our Services

a. Your End Users

You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.

b. Compliance with Law, Third Party Rights, and Other BotX Terms of Service

You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the Services to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with BotX (or its affiliates).

c. Permitted Access

You will only access (or attempt to access) an Service by the means described in the documentation of that Service. If BotX assigns you developer credentials (e.g. client IDs), you must use them with the applicable Services. You will not misrepresent or mask either your identity or your Service Client's identity when using the Services or developer accounts.

d. Service Limitations

BotX sets and enforces limits on your use of the Services (e.g. limiting the number of Service requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each Service. If you would like to use any Service beyond these limits, you must obtain BotX's express consent (and BotX may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant BotX Service team for information (e.g. by using the BotX developers console).

e. Open Source Software

Some of the software required by or included in our Services may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain Services, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with BotX for the applicable open source software.

f. Communication with BotX

We may send you certain communications in connection with your use of the Services. Please review the applicable Service documentation for information about opting out of certain types of communication.

g. Feedback

If you provide feedback or suggestions about our Services, then we (and those we allow) may use such information without obligation to you.

h. Non-Exclusivity

The Terms are non-exclusive. You acknowledge that BotX may develop products or services that may compete with the Service Clients or any other products or services.

Section 3: Your Service Clients

a. Service Clients and Monitoring

The Services are designed to help you enhance your websites and applications ("Service Client(s)"). YOU AGREE THAT BotX MAY MONITOR USE OF THE Services TO ENSURE QUALITY, IMPROVE BotX PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include BotX accessing and using your Service Client, for example to identify security issues that could affect BotX or its users. You will not interfere with this monitoring. BotX may use any technical means to overcome such interference. BotX may suspend access to the Services by you or your Service Client without notice if we reasonably believe that you are in violation of the Terms.

b. Security

You will use commercially reasonable efforts to protect user information collected by your Service Client, including personally identifiable information ("PII"), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.

c. Ownership

BotX does not acquire ownership in your Service Clients, and by using our Services, you do not acquire ownership of any rights in our Services or the content that is accessed through our Services.

d. User Privacy and Service Clients

You will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for your Service Client that clearly and accurately describes to users of your Service Client what user information you collect and how you use and share such information (including for advertising) with BotX and third parties.

Section 4: Prohibitions and Confidentiality

a. Service Prohibitions

When using the Services, you may not (or allow those acting on your behalf or allow third parties) to use the BotX Services to:

engage in, promote or encourage illegal activity;
for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);
sublicense an Service for use by a third party. Consequently, you will not create an Service Client that functions substantially the same as the Services and offer it for use by third parties.
perform an action with the intent of introducing to BotX products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
defame, abuse, harass, stalk, or threaten others.
interfere with or disrupt the Services or the servers or networks providing the Services or to disable, interfere with or circumvent any aspect of the Services
interfere with the use of the Services, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users
generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations (“spam”)
promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
reverse engineer or attempt to extract the source code from any Service or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
use the Services for any activities where the use or failure of the Services could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
use the Services to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the Czech Department of State.
violate, or encourage the violation of, the legal rights of others (for example, this may include allowing Customer End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act)
remove, obscure, or alter any BotX terms of service or any links to or notices of those terms.

Unless otherwise specified in writing by BotX, BotX does not intend use of the Services to create obligations under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and makes no representations that the Services satisfy HIPAA requirements. If you are (or become) a "covered entity" or "business associate" as defined in HIPAA, you will not use the Services for any purpose or in any manner involving transmitting protected health information to BotX unless you have received prior written consent to such use from BotX.

b. Confidential Matters

Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your Service Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other Service Clients from using your credentials. Developer credentials may not be embedded in open source projects.
Our communications to you and our Services may contain BotX confidential information. BotX confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without BotX's prior written consent. BotX confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose BotX confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.

Section 5: Content

a. Content Accessible Through our Services

Our Services contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our Services may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the Service may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.

b. Submission of Content

Some of our Services allow the submission of content. BotX does not acquire any ownership of any intellectual property rights in the content that you submit to our Services through your Service Client, except as expressly provided in the Terms. For the sole purpose of enabling BotX to provide, secure, and improve the Services (and the related service(s)) and only in accordance with the applicable BotX privacy policies, you give BotX a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the Services through your Service Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our Services through your Service Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.

c. Retrieval of content

When a user's non-public content is obtained through the Services, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.

d. Data Portability

BotX supports data portability. For as long as you use or store any user data that you obtained through the Services, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from BotX products and services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not also abide by this obligation.

e. Prohibitions on Content

Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the Services:

Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
Misrepresent the source or ownership; or
Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

Section 6: Brand Features; Attribution

a. Brand Features

"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of BotX's Brand Features (including any goodwill associated therewith) will inure to the benefit of BotX.

b. Attribution

You agree to display any attribution(s) required by BotX as described in the documentation for the Service. BotX hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display BotX's Brand Features for the purpose of promoting or advertising that you use the Services. You must only use the BotX Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. In using BotX's Brand Features, you must follow the BotX Brand Features Use Guidelines and to get these guidelines you must contact us first. You understand and agree that BotX has the sole discretion to determine whether your attribution(s) and use of BotX's Brand Features are in accordance with the above requirements and guidelines.

c. Publicity

You will not make any statement regarding your use of an Service which suggests partnership with, sponsorship by, or endorsement by BotX without BotX's prior written approval.

d. Promotional and Marketing Use

In the course of promoting, marketing, or demonstrating the Services you are using and the associated BotX products, BotX may produce and distribute incidental depictions, including screenshots, video, or other content from your Service Client, and may use your company or product name. You grant us all necessary rights for the above purposes.

Section 8: Termination

a. Termination

You may stop using our Services at any time with or without notice. Further, if you want to terminate the Terms, you must provide BotX with prior written notice and upon termination, cease your use of the applicable Services. BotX reserves the right to terminate the Terms with you or discontinue the Services or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

b. Your Obligations Post-Termination

Upon any termination of the Terms or discontinuation of your access to an Service, you will immediately stop using the Service, cease all use of the BotX Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. BotX may independently communicate with any account owner whose account(s) are associated with your Service Client and developer credentials to provide notice of the termination of your right to use an Service.

c. Surviving Provisions

When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4b, 5, 8, 9, and 10.

Section 9: Liability for our Services

a. WARRANTIES

EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER BotX NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE Services. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE Services, THE SPECIFIC FUNCTIONS OF THE Services, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE Services "AS IS".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

b. LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, BotX, AND BotX'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BotX, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE Services (OR, IF WE CHOOSE, TO SUPPLYING YOU THE Services AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

IN ALL CASES, BotX, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

c. Indemnification

Unless prohibited by applicable law, if you are a business, you will defend and indemnify BotX, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

your misuse or your end user's misuse of the Services;
your violation or your end user's violation of the Terms; or
any content or data routed into or used with the Services by you, those acting on your behalf, or your end users.

Section 10: General Provisions

a. Modification

We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable Service, to this website, and/or in the BotX developers console. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an Service, you should discontinue your use of that Service. Your continued use of the Service constitutes your acceptance of the modified Terms.

b. Czech. Government Agency Entities

The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Czech. Government Acquisition Regulation and agency supplements thereto.

c. General Legal Terms

We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and BotX does not take action right away, this does not mean that BotX is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and BotX relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact BotX, please visit our contact page.

Except as set forth below: (i) the laws of Czech Republic, E.U., excluding Czech Republic's conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the Services and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE Services WILL BE LITIGATED EXCLUSIVELY IN THE GOVERNMENT OR STATE COURTS OF Czech Republic, EU, AND YOU AND BotX CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

If you are accepting the Terms on behalf of a Czech Republic government entity, then the following applies instead of the paragraph above: the laws of the Czech Republic, excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the Services. Solely to the extent permitted by Czech Republic Government law: (i) the laws of the State of Czech Republic (excluding Czech Republic's conflict of laws rules) will apply in the absence of applicable government law; and (ii) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE Services, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN Czech Republic.

If you are accepting the Terms on behalf of a Czech Republic city, county, or state government entity, then the following applies instead of the paragraph above: the parties agree to remain silent regarding governing law and venue.

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Section 1: The Services

a. Console

BotX will provide the Services to Customer. As part of receiving the Services, Customer will have access to the Admin Console, through which Customer may administer the Services.

b. Accounts

Customer must have an Account and a Token (if applicable) to use the Services, and is responsible for the information it provides to create the Account, the security of the Token and its passwords for the Account, and for any use of its Account and the Token. If Customer becomes aware of any unauthorized use of its password, its Account or the Token, Customer will notify BotX as promptly as possible. BotX has no obligation to provide Customer multiple Tokens or Accounts.

Section 2: Payment Terms

a. Free Quota (Free Starter)

Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.

b. Recurring Billing

In order to access those Services for which we require a fee (“Paid Services”) you will be required to provide BotX with your credit card information (“Payment Method”). By providing a Payment Method you are authorizing us to charge your Payment Method on a monthly, annual basis, or pay-as-you-go basis, or as otherwise applicable for the fees associated with the Paid Services that you sign up for. Any Payment Method that you provide us must be valid, and kept current by you during the Subscription Term. By providing us with a Payment Method, you represent and warrant that you are authorized to use such Payment Method. BotX will begin billing your Payment Method for the Paid Services on the day that you sign up for such Paid Services, regardless of whether you have fully configured the Paid Services as of that date.

c. Taxes

Customer is responsible for any Taxes, and Customer will pay BotX for the Services without any reduction for Taxes. If BotX is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides BotX with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to BotX, Customer must provide BotX with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to BotX, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that BotX will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
If required under applicable law, Customer will provide BotX with applicable tax identification information that BotX may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse BotX for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.

d. Price Changes

We reserve the right to change the fees that we charge for the Service, at any time in our sole discretion, provided that we give you at least thirty (30) days’ prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the subscription fees will take effect in the billing period immediately following our notice to you.

e. No Refunds

FEES ARE NONREFUNDABLE. YOU WILL BE BILLED IN FULL FOR THE SUBSCRIPTION TERM IN WHICH YOU CANCEL AND NO REFUNDS WILL BE PROVIDED FOR THE UNUSED PORTION OF SUCH SUBSCRIPTION TERM. Following any cancellation, however, you will continue to have access to the Paid Services through the end of your current Subscription Term. We may, in our sole discretion, provide a refund, discount, or credit (“Credits”) to you in a specific instance, however the provision of Credits in a specific instance does not entitle you to Credits in the future for similar instances or obligate us to provide additional Credits.

f. Delinquent Payments; Suspension

Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by BotX in collecting such delinquent amounts. If Customer is late on payment for the Services, BotX may Suspend the Services or terminate the Agreement.

Section 3: Customer Obligations

a. Compliance

Customer is solely responsible for its Applications, Projects, and Customer Data and for making sure its Applications, Projects, and Customer Data comply with the General Terms: Section 4/a (Service Prohibitions). BotX reserves the right to review the Application, Project, and Customer Data for compliance with the Service Prohibitions. Customer is responsible for ensuring all Customer End Users comply with Customer's obligations under the Service Prohibitions, the Service Specific Terms, and the restrictions in the Agreement.

b. Privacy

Customer will obtain and maintain any required consents necessary to permit the processing of Customer Data under this Agreement.

c. Restrictions

Customer will not, and will not allow third parties under its control to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (subject to Section (d) below and except to the extent such restriction is expressly prohibited by applicable law); (b) use the Services for High Risk Activities; (c) sublicense, resell, or distribute any or all of the Services separate from any integrated Application; (d) create multiple Applications, Accounts, or Projects to simulate or act as a single Application, Account, or Project (respectively) or otherwise access the Services in a manner intended to avoid incurring Fees or exceed usage limits or quotas; (e) unless otherwise set forth in the Service Specific Terms, use the Services to operate or enable any telecommunications service or in connection with any Application that allows Customer End Users to place calls or to receive calls from any public switched telephone network; or (f) process or store any Customer Data that is subject to the International Traffic in Arms Regulations maintained by the Department of State. Unless otherwise specified in writing by BotX, BotX does not intend uses of the Services to create obligations under HIPAA, and makes no representations that the Services satisfy HIPAA requirements. If Customer is (or becomes) a Covered Entity or Business Associate, as defined in HIPAA, Customer will not use the Services for any purpose or in any manner involving Protected Health Information (as defined in HIPAA) unless Customer has received prior written consent to such use from BotX.

d. Third Party Components

Third party components (which may include open source software) of the Services may be subject to separate license agreements. To the limited extent a third party license expressly supersedes this Agreement, that third party license governs Customer's use of that third party component.

e. Documentation

BotX may provide Documentation for Customer's use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Applications may be built or the Services may be used and Customer will comply with any such restrictions specified.

Section 5: Intellectual Property Rights; Use of Customer Data; Feedback

a. Intellectual Property Rights

Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and the Application or Project (if applicable), and BotX owns all Intellectual Property Rights in the Services and Software.

b. Use of Customer Data

BotX will not access or use Customer Data, except as necessary to provide the Services and technical support to Customer.

c. Customer Feedback

If Customer provides BotX Feedback about the Services, then BotX may use that information without obligation to Customer, and Customer hereby irrevocably assigns to BotX all right, title, and interest in that Feedback.

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Section 1: Data Processing

a. Scope and Roles

This data processing terms apply when Customer Data is processed by BotX. In this context, BotX will act as "processor" to Customer who may act either as "controller" or "processor" with respect to Customer Data.

b. Customer Controls

The Services provide Customer with a number of controls, including security features and functionalities, that Customer may use to retrieve, correct, delete or restrict Customer Data. Customer may use these controls as technical and organisational measures to assist it in connection with its obligations under the GDPR, including its obligations relating to responding to requests from data subjects.

c. Compliance with Laws

Each party will comply with all laws, rules and regulations applicable to it and binding on it in the performance of these terms, including the GDPR.

Section 2: Confidentiality of Customer Data.

a. Access

BotX will not access or use, or disclose to any third party, any Customer Data, except, in each case, as necessary to maintain or provide the Services, or as necessary to comply with the law or a valid and binding order of a governmental body (such as a subpoena or court order). If a governmental body sends BotX a demand for Customer Data, BotX will attempt to redirect the governmental body to request that data directly from Customer. As part of this effort, BotX may provide Customer’s basic contact information to the governmental body. If compelled to disclose Customer Data to a governmental body, then BotX will give Customer reasonable notice of the demand to allow Customer to seek a protective order or other appropriate remedy unless BotX is legally prohibited from doing so.

b. Confidentiality Obligations of BotX Personnel

c. Security of Data Processing

BotX restricts its personnel from processing Customer Data without authorisation by BotX according to our Security Standards. BotX imposes appropriate contractual obligations upon its personnel, including relevant obligations regarding confidentiality, data protection and data security. BotX has implemented and will maintain the technical and organisational measures for the BotX Network. In particular, BotX has implemented and will maintain the following technical and organisational measures:

security of the BotX network, servers and general cloud architecture according to our Security Standards;
physical security of the facilities;
measures to control access rights for BotX employees and contractors in relation to the BotX network, servers and general cloud architecture according to our Security Standards;
processes for regularly testing, assessing and evaluating the effectiveness of the technical and organisational measures implemented by BotX as described these terms;

d. Security Breach Notification

BotX will notify Customer of a Security Incident without undue delay after becoming aware of the Security Incident, and take reasonable steps to mitigate the effects and to minimise any damage resulting from the Security Incident.
To assist Customer in relation to any personal data breach notifications Customer is required to make under the GDPR, BotX will include in the notification under section 2.d.1 such information about the Security Incident as BotX is reasonably able to disclose to Customer, taking into account the nature of the Services, the information available to BotX, and any restrictions on disclosing the information, such as confidentiality.
Customer agrees that an unsuccessful Security Incident will not be subject to this Section 2.d. An unsuccessful Security Incident is one that results in no unauthorised access to Customer Data or to any of BotX's equipment or facilities storing Customer Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing (or other unauthorised access to traffic data that does not result in access beyond headers) or similar incidents.
Customer agrees that BotX's obligation to report or respond to a Security Incident under this Section 2.d is not and will not be construed as an acknowledgement by BotX of any fault or liability of BotX with respect to the Security Incident.
Notification(s) of Security Incidents, if any, will be delivered to one or more of Customer’s administrators by any means BotX selects, including via email. It is Customer’s sole responsibility to ensure Customer’s administrators maintain accurate contact information on the BotX console and secure transmission at all times.

Section 3: Privacy

a. Personal Information

We keep your personal information personal and private. We will not sell or rent your personal information to anyone. We will not share or otherwise disclose your personal information except as necessary to provide our Services or as otherwise described in this Policy without first providing you with notice and the opportunity to consent.
Information we collect:

Attendees. Name, email address, and other contact information: We may ask for and collect personal information such as your name, address, phone number and email address when you visit our offices, register for or attend a sponsored event or other events at which BotX (and/or its representatives) participates, or participate in BotX's studies such as user experience research.
Image and voice: When you participate in a BotX study, we may ask for your permission to record your voice and/or image during your participation in the study.
Website Visitors. Name, email address, and other contact information: We ask for and collect personal information from you when you submit web forms on our Websites, including opportunities to sign up for and agree to receive email communications from us. We also may ask you to submit such personal information if you choose to use interactive features of the Websites, including participation in surveys, contests, promotions, sweepstakes, or studies, requesting customer support, submitting feedback, or otherwise communicating with us. We will send such communications in accordance with applicable law.
Log files. Just as when you visit and interact with most websites and services delivered via the Internet, when you visit our Websites, we gather certain information and store it in log files. This information may include but is not limited to Internet Protocol (IP) addresses, system configuration information, URLs of referring pages, and locale and language preferences.
Cookies and other tracking technologies. We may use cookies and other information-gathering technologies for a variety of purposes, such as providing us with information about how you interact with our Websites and assisting us in our marketing efforts. You can control how websites use cookies by configuring your browser's privacy settings (please refer to your browser's help function to learn more about cookie controls). Note that if you disable cookies entirely, BotX Websites may not function properly. We may also use cookies and similar technologies to provide you advertising on third-party sites based upon your browsing activities and interests. For more information about the cookies BotX uses and your privacy choices, please see our Cookie Policy.
Customer Account Information. When you register for an account or use BotX account, we collect contact information. Depending on subscription level, this contact information may include your Customer name, the email address(es) of your account Administrator(s), telephone number, and addresses necessary to process payment and delivery of Services. In addition, when you use the Services, we collect information about how you configure your account and the Services, and we maintain logs of Customer activity. We refer to all of this information collectively as “Customer Account Information” for the purposes of this Policy. Customer Account Information is required to enable your access to your BotX account and Services. By providing us with any personal information, you represent that you are the owner of such personal information or otherwise have the requisite consent to provide it to us.
End Users Log Data. BotX processes End Users information on behalf of our Customers. This information is processed when End Users access or use our Services through our Customers accounts. BotX also processes End Users’ information on behalf of our Customers when the End Users access our Services pursuant to our Customers’ authorization. The information processed may include but is not limited to IP addresses, system configuration information, and other information about traffic to and from Customers’ websites, devices, applications, and/or networks (collectively, “Log Data”).

b. Payment Information

We do not require our Customers to have payment information on file with us unless they have a paid subscription to our Services. When you sign up for one of our paid Services, you must provide payment and billing information. The information you will need to submit depends on which payment method you choose:

Credit Card. We use the Stripe (https://stripe.com) service for credit card payments, and we do not store any payment information related to credit card payments.
Invoices. For manually processed subscription payments using invoices, we require your valid and accurate billing information legally needed to issue you an invoice.