Under the Terms, "BotX" means BotX s.r.o. company ID: 08239410 and company VAT ID: CZ08239410, with offices at 28. října 3346/91, 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.
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.
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.
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
When using the Services, you may not (or allow those acting on your behalf or allow third parties) to use the BotX Services to:
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
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:
"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 mustcontact 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.
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.
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:
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 ourcontact 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.
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.
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
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.
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.
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.
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.
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
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.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:
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:
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: