Botsii

Last Modified: 1st November 2020

Botsii Technologies JSC (“BT“) is an online company that allows our clients to use Personal Chatbot for Facebook Messenger. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Service”). The Service of Personal Chatbot (“PERSONAL
CHATBOT”) is owned and provided by BT, located at Samtredia str. N13 Apt.48, 0119, Tbilisi, Georgia. PERSONAL CHATBOT is a sub-brand of BT. BT is registered at Registry of Entrepreneurs and Non-Entrepreneurial Legal Entities in Georgia under number 430040831

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR ITS SERVICES.

Botsii.com Website (the “Site”) is an online information service provided by (BT), subject to your compliance with the terms and conditions set forth below. By accessing or using the site and by continuing to browse and use this website, you agree to comply with and be bound by, the following Terms of Service,
which together with our privacy policy govern PERSONAL CHATBOT’s and BT’s relationship with you in relation to this website and its services.

These Terms of Service (“Terms”, “TOS” or “Agreement”) also govern the use of Personal Chatbot (“PERSONAL CHATBOT,” “we,” “us” or “our”). By accessing or using (mobile) applications, websites or any other PERSONAL CHATBOT service (together, the “Service”) made available by BT, however accessed, you
agree to be bound by these Terms. The Service is owned or controlled by BT. These Terms affect your legal rights and obligations.

We may amend this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. We will provide You with notice of the modifications via email to the email associated to your account and by posting a written notice on our Site and you
hereby agree that this shall constitute adequate notice in this regard. All amended terms take effect the day you use the Site and/or Services or 30 calendar days after they are posted on the Site, whichever is earlier. Your use of the Site and/or Services constitutes your acceptance of the modified Agreement.

If you have any questions, comments, or concerns regarding these terms or the Service, please contact us via our support desk or send an email to [email protected].

If you do not agree to these Terms, you must not sign up for an account and shall not make use of any of the Services or the Site. By agreeing to this Terms of Service, you acknowledge that You have read it, understood it, and agree to be bound by it.

Your use of the Service is also governed by and subject to the Facebook Platform Policies and Facebook Commerce Product Merchant Agreement, which are hereby incorporated by reference and are a part of these Terms. You are solely responsible and liable for complying with the Facebook Platform Policies and
Facebook Commerce Product Merchant Agreement. You must agree to and accept all of the Terms, or you don’t have the right to use the Service. Your use of the Service in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Service.

1. Ownership, Licenses and Idea Submissions

The entire contents of the Site are the property of BT. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material
from the Site solely for your own non-commercial use provided you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to BT a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to BT by all means
and in any media now known or hereafter developed. You also grant to BT the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against BT for any alleged or actual infringement or misappropriation of any proprietary right in your communications to BT. Publications, products, content or services referenced herein or on the Site are the exclusive property of or service marks of BT. Some product and company names mentioned in the Site may be the trademarks of their respective owners. 

2. Use of the Services

You may use the BT Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you use the Services outside the Georgia, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and regulations of other countries; 

In order to provide our services, we may require certain information. You must ensure that the information is complete and accurate. We may suspend or terminate the service if you give information that is not complete and accurate. You warrant that all information you provide to us is complete and accurate and you indemnify BT against any liability that may arise as a result of your failure to provide complete and accurate information. You must immediately notify us if any of your information changes.

You understand that, except for information, products or services clearly identified as supplied by BT, BT does not operate, control or endorse any information, products or services on the Internet in any way. Except for Botsii.com – identified information, products and services offered on the Internet generally are offered by third parties that are not affiliated with BT.

BT cannot and does not guarantee or warrant that files available for downloading through the Services will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.  

You hold total responsibility and risk for your use of the site and the internet. BT provides the services “as is” and does not make any express or implied warranties, representations or endorsements whatsoever, with regard to the service, any merchandise information or service provided through the service or on the internet generally, and BT shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. it is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. 

BT does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

3. Account, Passwords and Security

You need to create a new BT account or use a current BT account in order to use the Personal Chatbot. We will provide you with a username or ask you to choose authentication credentials for each account. 

You agree that any registration information you give to BT will always be accurate and up to date, and you agree to notify BT promptly of any changes in your account information.

You must keep your username, password or any other secret authentication credential confidential and must not bypass, or attempt to bypass, our user authentication systems.

You must inform us immediately of any unauthorised use of your account or any other breach of security, including suspected doubts of such scenarios. You are responsible for authorised and unauthorised use of your account in case any of the security recommendations are not or had not been implemented from your behalf at the moment of questionable activity on your account (i.e. in scenarios where, due to your inability to implement maximum security measures available at your disposal, a potential unauthorised activity had taken place). This includes (list not exhaustive): service login, subsequent data insight, sending messages traffic, payments. Responsibility for these activities includes assuming liability for any damage, loss or costs that BT or any third party may sustain as a result of these activities;

You are entirely responsible for all payments and any activities that occur on your account; You are liable for any damage, loss or costs that we or any third party may sustain as a result of any of your actions, or any use of your authentication credentials, account name or account information by a third
party or as a result of Your violation of this section. You must cooperate with BT during the resolution of potential unauthorised use of your account, regardless of its cause and source of initial reporting. You are mandated to follow all these recommendations (depending on the channels / Services used). For any questions, as well as in case of security compromise of your authentication credentials (username & password), you should contact BT immediately via [email protected]. We may change, cancel or suspend your account, according to this Terms, which you will be notified about.

4. Availability and Interruption of the Services

We will make the Services available to you using reasonable skill and care. You do however acknowledge and agree that the availability of the Services, your ability to access and/or use the Services and may depend upon factors beyond Our reasonable control, including (but not limited to):

  •  Factors affecting the operation of the Services from being successfully conducted such as, by way of example, geographical or topographical   shortcomings in the network of any telecommunications network operator (“Network Operator”), network capacity, physical obstructions or   atmospheric conditions; or
  •  Factors preventing end-users from receiving services such as, by way of example, the terms and conditions of an end-user’s service provider.

We cannot therefore guarantee:

  • That the Services will be available to you at all times or free from faults or interruptions;
  • The receipt by any intended recipient of Services.

We will not be in any way liable for any failure to make the Services available to you to the extent that such failure results from a technical or other failure on the part of any Network Operator or any other event, which is beyond our reasonable control.

We provide all services “as is” and “as available”, and We hereby do not warrant, represent or guarantee, whether expressly or by implication, that any Services are free of errors or interruptions, always available, fit for any purpose, secure or do not infringe any third party rights.

We may, at our sole discretion, alter or improve the Services we provide to you at any time, provided that any such alteration does not materially affect the nature or detract from the functionality of the Services.

It may be necessary from time to time for Us to suspend the Services that We provide to You for routine or emergency maintenance and/or repairs and We will, in so far as it is reasonably possible, provide You with a reasonable period of notice prior to any such suspension. 

5. Support services

Unless we agree otherwise in writing, we will provide you on-line technical support through our
online support desk at: https://cp.botsii.com/supporttickets.php;

We do not guarantee any support within 72 hours if an application is made by email, Messenger etc.

6. Limitation of Liability

in no event will BT be liable for:

(i) any incidental, consequential, or indirect damages arising out of the use of or inability to use the service, or transactions provided on the service, or downloaded from the service, or any delay of such service. even if BT have been advised of the possibility of such damages, or

(ii) any claim attributable to errors, omissions, or other inaccuracies in the service or information downloaded through the service.

Under no circumstances will BT be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the BT services. You agree that you are solely responsible for any damage, harm, injury, or loss arising from or relating to your Device or Application or your use of any BT Service, and you agree to hold us harmless from all such damage, harm, injury, or loss. 

BT makes no representations whatsoever about any other website which you may access through the Services or which may link to this Site or Service. In addition, a link to a botsii.com website does not mean that BT endorses or accepts any responsibility for the content, or the use, of such web site.

7. Indemnification

You agree to indemnify, defend and hold harmless BT, its officers, directors, employees, and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Terms (including negligent or wrongful conduct) by you or any other person accessing the Service.

8. Customer Charges, Payment and Refund Policy

Customer Charges: 

You agree to pay all Charges (“Customer Charges”) to us in respect of making the Service available to you
and your access to and use of the Service by the prepayment method and in accordance with the Terms as set hereof. 

Delivery of Services shall occur within 5 (five) business days of payment. 

Any change in price for the service shall be communicated to you via email. 

For the avoidance of doubt, a Customer Charge will be incurred for the services regardless of whether it is successfully delivered in time.

 

Payment Policy:

Our policy is to collect Customer Charges before we deliver the Service.

You have to pay the Customer Charges stated in an invoice you receive after registration through the site and the Charges may vary depending on the payment schedule You choose.

If you do not pay Customer Charges in accordance with the Payment Policy or delay such payment for more than 30 days, we reserve the right to, in our sole discretion, suspend your access to the Service and/or cease to allow any Service until further payment is received by Us which fully covers any unpaid Charges. Decision on suspension or termination of your account shall depend on the severity of the delinquency.

 

Refunds:

Refunds are available within 48 hours of payment for the Services. You will not be able to receive any refund after 48 hours of payment.

Refund of the last payment may be available due to termination of you account from BT, without having a reason.

No refund shall be available after termination of your account, due to violation of this Terms. 

If you have questions or concerns, or you feel that you have been charged incorrectly, please contact us IMMEDIATELY via Support Ticket (https://cp.botsii.com/supporttickets.php) through your BT back office, so we can work together to find a solution. 

We prefer to work payment issues out in a positive way and we prefer not to terminate Subscription accounts, unless we have no other recourse.

9. Term and Termination

You can terminate using the services at any time by notice to the BT with or without cause. We guarantee only such termination, which is made through REQUESTING CANCELLATION at https://cp.botsii.com/clientarea.php .We do not guarantee any termination within 72 hours, if application is made by email, Messenger etc. Only termination within 48 hours of payment for services shall be refunded. No termination is eligible for a refund after 48 hours of payment.

BT may terminate this Agreement with immediate effect without notice to the other party if overdue payment period is more than 30 days. 

BT may terminate the services for any reason with refund of the last Customer Charges made. in this case we will give you appropriate notice as soon as is reasonably possible. 

BT may terminate this Agreement immediately upon notice in the event that any relevant legislation or regulation is implemented or modified with the effect that it is no longer commercially viable or possible to make Services available. 

Termination of this Agreement for any reason does not affect any rights that have accrued to either party under the Agreement up to the date of its termination and those terms and conditions of the Agreement that are by their nature capable of surviving termination will continue in full force and effect following such termination. 

On termination of this agreement, you will immediately cease to use the Services; 

BT may terminate any account or user who has violated any of the prohibitions of this Terms. 

BT may also terminate this Agreement according to other provisions of this Terms of Service.

10. Confidentiality and Data Protection

You will at all times keep confidential all information acquired as a consequence of using Our Services, except for information already in the public domain or information which you are required to disclose by law, requested by any regulator or reasonably required by your professional advisors for the performance
of their professional services. When using Our Services, you shall comply with all laws and regulations applicable to the use of the Services and with Our Terms or any other terms as agreed between us. 

Please refer to Our Privacy Notice for details on personal data processing with respect to Our Services.

With respect to the processing of personal data of your end-users that you provide to us through our Services, you are controller and BT is processor. You guarantee that you have obtained all required andvalid consents under the applicable data protection laws and regulations as required for the processing of personal data by BT for the performance of our Services and BT will process that personal data only upon your instructions.

In case of you processing any personal data you agree to adhere to all applicable rules and regulations, including but not limited to: General Data Protection Regulation of the EU and the Convention for the Protection of Individuals with Regard to the Processing of Personal Data (convention 108 plus).

11. Governing Law

This Agreement shall all be governed and construed in accordance with the laws of Georgia.

12. Applicable Jurisdiction

You agree that any legal action or proceeding between BT and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Georgia. 

Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

13. Miscellaneous

BT’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

BT may assign its rights and duties under this Agreement to any party at any time without notice to you.

You are responsible for complying with all applicable laws in all of your actions related to your use of BT’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

The Terms of Service constitutes the entire agreement between you and BT and governs your use of the Service, superseding any prior agreements between you and BT (including, but not limited to, any prior versions of the Terms of Service).


Any rights not expressly granted herein are reserved.