Terms of Use

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Terms of Use

Effective date: 7th of January 2017
Welcome to Botmother. Botmother is an online platform that allows developers, individuals, companies, and agencies to easily build, host, and manage chatbots. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at hi@botmother.com, 305009, Russian Federation, Kursk.
These Terms of Use (the "Terms") are a binding contract between you and Botmother LLC.
("Botmother," "we" and "us"). Your use of the Services is also governed by and subject to the Facebook
Platform Policies (located at https://developers.facebook.com/policy) and Facebook Commerce Product
Merchant Agreement (currently located here:
https://www.facebook.com/legal/commerce_product_me...), 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.
Your use of the Services is also governed by and subject to the Telegram API Terms of Use (located at https://core.telegram.org/api/terms-of-use).
Your use of the Services is also governed by and subject to the Viber Terms of Use (located at http://www.viber.com/sites/default/files/ViberTerm...) and the Viber API Terms of Service (lacated at https://developers.viber.com/general/api-terms-of-...).
You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Botmother.com website, by sending you an email, and/or by some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Botmother takes the privacy of its users very seriously. For the current Botmother Privacy Policy, please click here.
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at hi@botmother.com.
What are the basics of using Botmother?
You may be required to sign up for an account and log-in to Botmother and select a password and user name ("Botmother User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not
transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you've received
your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to
these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you
represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf
and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for
in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, non-commercial use, and only in a manner that
complies with all laws that apply to you, except that you may build chatbots using the Services and sell
and/or otherwise exploit and commercialize the chatbots you have built. If your use of the Services is
prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be
responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your
account and your password. You're responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of
those terms is defined below) or otherwise create any chatbots or use the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else
(including Botmother);
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise
objectionable;
(d) Jeopardizes the security of your Botmother account or anyone else's (such as allowing someone
else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from
any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption
codes;
(g) Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any
processes that run or are activated while you are not logged into the Services, or that otherwise
interfere with the proper working of the Services (including by placing an unreasonable load
on the Services' infrastructure);
(h) "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or
Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying
ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in Botmother?
The materials displayed or performed or available on or through the Services, including, but not limited to,
text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the
foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise
to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content
you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast,
transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content
not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates
someone else's (including Botmother's) rights.
You understand that Botmother owns the Services. You won't modify, publish, transmit, participate in the
transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based
on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this
functionality exists, doesn't mean that all the restrictions above don't apply – they do!
Do I have to grant any licenses to Botmother or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services, including any chatbots
you create and/or communicate with through the Services, is your "User Submission." Some User
Submissions are viewable by other users. In order to display your User Submissions on the Services, and
to allow other users to enjoy them (where applicable), you grant us certain rights in those User
Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent
they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant Botmother a license to translate, modify (for technical purposes,
for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and
otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as
described in more detail below. This is a license only – your ownership in User Submissions is not
affected.
If you store a User Submission in your own personal Botmother account, in a manner that is not viewable by
any other user except you (a "Personal User Submission"), you grant Botmother the license above, as well as
a license to display, perform, and distribute your Personal User Submission for the sole purpose of making
that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a
private message to a chatbot)(a "Limited Audience User Submission"), then you grant Botmother the
licenses above, as well as a license to display, perform, and distribute your Limited Audience User
Submission for the sole purpose of making that Limited Audience User Submission accessible to such
other specified users, and providing the Services necessary to do so. Also, you grant such other specified
users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as
permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or
certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback,
suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the
foregoing, a "Public User Submission"), then you grant Botmother the licenses above, as well as a license to
display, perform, and distribute your Public User Submission for the purpose of making that Public User
Submission accessible to all Botmother users and providing the Services necessary to do so, as well as all
other rights necessary to use and exercise all rights in that Public User Submission in connection with the
Services for any purpose. Also, you grant all other users of the Services a license to access that Public
User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and
worldwide.
All chatbots created through the Services will automatically include an attribution to Botmother. You agree
not to remove, modify, or obscure the Botmother attribution. In addition, you hereby grant Botmother a
nonexclusive license to use any chatbots you create using the Services in Botmother's marketing materials
(such as on Botmother.com).
Finally, you understand and agree that Botmother, in performing the required technical steps to provide the
Services to our users (including you), may need to make changes to your User Submissions to conform and
adapt those User Submissions to the technical requirements of connection networks, devices, services, or
media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service
providers, like Botmother, being asked to remove material that allegedly violates someone's copyright. We
respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to
be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright
Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the
DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services, and any chatbots
created using the Services, are the sole responsibility of the person from whom such content originated,
and you access all such information and content at your own risk, and we aren't liable for any errors or
omissions in that information or content or for any damages or loss you might suffer in connection with it.
We cannot control and have no duty to take any action regarding how you may interpret and use the
Content or what actions you may take as a result of having been exposed to the Content, and you hereby
release us from all liability for you having acquired or not acquired Content through the Services. We
can't guarantee the identity of any users with whom you interact in using the Services and are not
responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and
warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all
your registration information accurate and current. You are responsible for all your activity in connection
with the Services.
The Services may contain links or connections to third party websites or services that are not owned or
controlled by Botmother. When you access third party websites or use third party services, you accept that
there are risks in doing so, and that Botmother is not responsible for such risks. We encourage you to be
aware when you leave the Services and to read the terms and conditions and privacy policy of each third
party website or service that you visit or utilize.
Botmother has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or
practices of or opinions expressed in any third party websites or by any third party that you interact with
through the Services. In addition, Botmother will not and cannot monitor, verify, censor or edit the content of
any third party site or service. By using the Services, you release and hold us harmless from any and all
liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including
payment and delivery of goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such organizations and/or individuals. You
should make whatever investigation you feel necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties. You agree that Botmother shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that
Botmother is under no obligation to become involved. In the event that you have a dispute with one or more
other users, you release Botmother, its officers, employees, agents, and successors from claims, demands,
and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or
undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a
California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A
general release does not extend to claims which the creditor does not know or suspect to exist in his or her
favor at the time of executing the release, which, if known by him or her must have materially affected his
or her settlement with the debtor."
Will Botmother ever change the Services?
We're always trying to improve the Services, so they may change over time. We may suspend or
discontinue any part of the Services, or we may introduce new features or impose limits on certain features
or restrict access to parts or all of the Services. We'll try to give you notice when we make a material
change to the Services that would adversely affect you, but this isn't always practical. Similarly, we
reserve the right to remove any Content from the Services at any time, for any reason (including, but not
limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole
discretion, and without notice.
What if I want to stop using Botmother?
You're free to stop using the Services at any time; please refer to our Privacy Policy, as well as the licenses
above, to understand how we treat information you provide to us after you have stopped using our
Services.
Botmother is also free to terminate (or suspend access to) your use of the Services or your account, for any
reason in our discretion, including your breach of these Terms. Botmother has the sole right to decide
whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any chatbots and Content associated with your account,
so keep that in mind before you decide to terminate your account. We will try to provide advance notice to
you prior to our terminating your account so that you are able to retrieve any important User Submissions
you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so
if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or
otherwise harmful to the rights or property of Botmother.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By
way of example, all of the following will survive termination: any obligation you have to pay us or
indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights,
and terms regarding disputes between us.
What else do I need to know?
Warranty Disclaimer. Neither Botmother nor its licensors or suppliers makes any representations or
warranties concerning any content contained in or accessed through the Services, and we will not be
responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in
or accessed through the Services. We (and our licensors and suppliers) make no representations or
warranties regarding suggestions or recommendations of services or products offered or purchased through
the Services. THE SERVICES AND CONTENT ARE PROVIDED BY BOTMOTHER (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BOTMOTHER (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Botmother IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Botmother, its
affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities,
damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any
way related to any third party claims relating to (a) your use of the Services (including any actions taken by
a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit,
or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for
your account (provided that failure to deliver such notice shall not eliminate or reduce your
indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder,
or your Services account, in any way (by operation of law or otherwise) without Botmother's prior written
consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the
Russian Federation, without regard to the conflicts of laws provisions thereof. Any dispute arising from or
relating to the subject matter of these Terms shall be finally settled in Russian Federation, Kursk, in
Russian, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and
Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience
in resolving intellectual property and commercial contract disputes, who shall be selected from the
appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by
such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing
obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief
at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties
consent to exclusive jurisdiction and venue in the state or federal courts located in Russian Federation, Kursk. Any arbitration under these Termswill take place on an individual basis: class arbitrations and class actions are not permitted. YOU
UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND
BOTMOTERH ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and
other governmental assessments associated with your activity in connection with the Services, provided
that the Botmother may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees
fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of
any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that
provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall
otherwise remain in full force and effect and enforceable. You and Botmother agree that these Terms are the
complete and exclusive statement of the mutual understanding between you and Botmother, and that it
supersedes and cancels all previous written and oral agreements, communications and other understandings
relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an
employee, agent, partner, or joint venture of Botmother, and you do not have any authority of any kind to
bind Botmother in any respect whatsoever. You and Botmother agree there are no third party beneficiaries
intended under these Terms.