Terms of Service

Welcome to Botstar!Botstar, provided by Botstar, Inc. (“Botstar”, “we”, “us”), is an online platform that enables business owners to build and host chatbots in an effortless way.

The following terms and conditions govern all use of our website, all content, products and services ( the “Services”) available at or through the website, including, but not limited to, the BotStar.com Business and Enterprise Plan, (taken together, the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, BotStar’s Privacy Policy) and procedures that may be published from time to time on this site by BotStar(collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by the terms and conditions (“Terms”). 

If you do not agree to all these terms and privacy policy, then you may not access the Website or use any services.You can check our page on types of bots to get a sense of the types of sites that are welcome on our service (or not!). If you find a Bot powered by BotStar that you believe violates our terms of service, please check our complaints page.

Terms of Services

Eligibility

The Website is available only to individuals who are at least 13 years old. If you are under 13, you are strictly prohibited from using the Services, and you may not access any features that allow you to provide information to us or communicate and share information with other users of the Application (“Users”). Accordingly, you represent and warrant that you are 13 years of age or older and that you have the right, authority and capacity to enter agree to and abide by these Terms.

Your BotStar.com Account and Site. 

If you create a bot on the Website, you are responsible for maintaining the security of your account and bot, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the bot. You must not describe or assign keywords to your bot in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and BotStar may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause BotStar liability. You must immediately notify BotStar of any unauthorized uses of your bot, your account or any other breaches of security. BotStar will not be liable for any acts or omissions by yYou, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors & User Content: 

If you operate a bot, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  5. the Content does not violate any Facebook content guidelines.
  6. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  7. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  8. your bot is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  9. your bot is not named in a manner that misleads your readers into thinking that you are another person or Service. For example, your bot’s name is not the name of a person other than yourself or Service other than your own; and
  10. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by BotStar or otherwise.

Payment and Renewal. Fees for Use of the Service

Botstar is free to use, but provides optional features and plans.

General Terms. Optional paid services such as extra data storage, extended data logs, bot templates, bot blocks, modules available on the Website or in 

BotStore (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay BotStar the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Charges are solely based on our measurements of your use of the Service, unless otherwise agreed to in writing.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

You acknowledge and agree that any credit card and related billing and payment information that you provide to Company may be shared with companies who work on Company’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to us and servicing your account.

Automatic Renewal. 

Unless you notify BotStar before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.

Fees & Payment. 

By paying for items in BotStore using your account you agree to pay BotStar and the author of the digital good the setup fees and monthly hosting fees indicated at https://www.botstar.com/pricing/ or prices specified on the BotStore itself in exchange for the services listed at https://www.botstar.com/plans/. Applicable fees will be invoiced starting from the day you agreed to pay for the good. BotStar reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.

Support. 

Business or higher-tier services include access to priority email support called VIP support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by BotStar to respond within one business day). “Priority” means that support for VIP Services customers takes priority over support for users of the free services. All VIP support will be provided in accordance with BotStar standard practices, procedures and policies.

Responsibility of Website Visitors. 

BotStar has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, BotStar does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BotStar disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites Third party links. 

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BotStar.com.BotStar com links, and that link  toBotStar.com.com.toBotStar. BotStar does not have any control over those non-BotStar bots and webpages, and is not responsible for their contents or their use. By linking to a non-BotStar’s third party website or webpage, BotStar does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BotStar disclaims any responsibility for any harm resulting from your use of third party non-BotStar websites and webpages and official Bots made by BotStar.

Copyright Infringement and DMCA Policy. 

As BotStar asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to byBotStar.com.com violates your copyright, you are encouraged to notify BotStar in accordance with BotStar’s Digital Millennium Copyright Act (“DMCA”) Policy. BotStar will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BotStar will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of BotStar or others. In the case of such termination, BotStar will have no obligation to provide a refund of any amounts previously paid to BotStar.

Intellectual Property. 

This Agreement does not transfer from BotStar to you any BotStar or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BotStar. BotStar, BotStar.com, BotStar.com.com, the BotStar.com.com logo, and all other trademarks, service marks, graphics and logos used in connection with BotStar.com, or the Website are trademarks or registered trademarks of BotStar or BotStar’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BotStar or third-party trademarks.

Advertisements. 

BotStar reserves the right to display advertisements on your bot unless you have purchased an Ad-free Upgrade or a VIP Services account.

Attribution. 

BotStar reserves the right to display attribution links such as ‘Powered By BotStar.com,’ in your bot’s main menu or in your bot’s description area. Credits may not be removed regardless of upgrades purchased except for the Plan purchased clearly states that the attribution can be removed.

Changes. 

BotStar reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BotStar may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. 

BotStar may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BotStar.com.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by BotStar if you materially breach this Agreement and fail to cure such breach within thirty (30) days from BotStar’s notice to you thereof; provided that, BotStar can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, Companyship provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. 

The Website is provided “as is”. BotStar and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BotStar nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. 

In no event will BotStar, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BotStar under this agreement during the twelve (12) month period prior to the cause of action. BotStar shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. 

You represent and warrant that (i) your use of the Website will be in strict accordance with the BotStar Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. 

You agree to indemnify and hold harmless BotStar, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. 

This Agreement constitutes the entire agreement between BotStar and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BotStar, or by the posting by BotStar of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BotStar may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.