Terms of Service

This user agreement (hereinafter — the Agreement) is a public offer of Botmother Inc (8 THE GREEN STE A DOVER, DE 19901, hereinafter — Administration), and is addressed to any legally capable person (hereinafter — User) on the following terms. Registration in the special form placed at https://app.botmother.com/signup means an unconditional acceptance of the terms of the Agreement by the User.

Terms and Definitions
Platform is the Administration's software suite hosted at http://*.botmother.com.
Account — User's profile on the Platform.
Dashboard — a section of the Platform through which the User can implement the functionality of the Platform including the creation of chatbots.
Chatbot (hereinafter referred to as "Bot") is a special automated program that can automatically receive, process and send messages created by the User via Platform.
Component Library (hereinafter — Library) — a database with Blocks and Components. It is a part of the Platform and belongs to the Administration.
Block — a ready-to-use element for creating a Bot, designed and programmed by the Administration.
Template — a ready-to-use set of Blocks for creating Bots, designed and programmed by the Administration.
Content — information, documents and other objects posted by the User in the Bot.
Tariff — the amount of rights and services provided to the User.
CAPTCHA (Completely Automated Public Turing test to tell Computers and Humans apart) is a type of security measure known as challenge-response authentication. The verification code protects against spam and password theft.
CAPTCHA uses Google's secret new proprietary technology to study normal traffic and user behavior on a website, capable of detecting anomalies and detecting bots or unwanted actions by observing user interactions with the website and its sections. Incoming visitors are assigned "risk scores" based on their source or the action they want to take on the site.
For the purposes of this user agreement, CAPTCHA means Recaptcha V3, the use of which is governed by GOOGLE Privacy Policy https://policies.google.com/privacy and GOOGLE Terms of Use https://policies.google.com/terms.

1. Subject
1.1. Administration grants a non-exclusive license to use the Platform and elements of the Library, as well as related services.
1.2. User utilizes the Platform and elements of the Library according to the terms of the Agreement and the selected Tariff and pays remuneration unless otherwise provided for in the Tariff.

2. General Provisions
2.1. User registers at https://app.botmother.com/signup to use the Platform.
2.2. Administration may (at its discretion) use additional procedures for registration, including Recaptcha V3 ("CAPTCHA").
2.3. User receives a unique Account and access to the Dashboard after registration.
2.4. All actions performed in the Dashboard are considered to be performed personally by the User. The User is solely responsible for any action taken using his Account, as well as for any consequences that may have resulted or have resulted from such use.
2.5. User is solely responsible for:
a) keeping his/her username and password safe;
b) consequences in case of loss and/or disclosure of login and password to the third parties.
2.6. User is obliged to independently take appropriate measures to ensure the security of the Account and to prevent unauthorized access to it by the third parties (in particular, to make sure that the password is not saved in the browser, including when using cookies technology, when using a computer or mobile device of the User by the third parties).
2.7. User has no right to transfer his/her Account data to the third parties. In case of transferring the Account data, User is fully responsible for the actions of the third parties performed through the User's Account.

3. Terms of Use
3.1. Administration is not obliged to provide consulting and technical support to the User.
3.2. Platform is integrated with various services, including analytics, payment, and mailing services. Platform only provides the ability to access the services. The relationship between the User and the person providing services through the Platform (service owner) is regulated by the service documents (agreement, rules of use, etc.) and is decided between the service owner and the User independently on all issues related to the use of such services.
3.3. The platform and services are provided on an "as it is" basis.
3.4. The User assumes all risks associated with the use of the Platform and services.
3.5. Administration is not responsible for:
a) the inability to use the Platform for reasons beyond the control of the Administration;
b) any acts and/or omissions of service providers, services, networks, software or equipment;
c) distortion, alteration, loss of Content;
d) security of the User's login and/or password;
e) unauthorized and/or unlawful of the User's login and/or password use by the third parties;
f) damage that may be caused to any of the User's devices and media and/or software as a result of the use of the Platform and/or Services;
g) the consequences of the transfer of Bots between Accounts.

4. Intellectual Property
4.1 Administration is the copyright holder of the Platform and its components (code, design, databases, know-how, Libraries, Blocks, Templates).
4.2 The non-exclusive license is limited to the "right to use," and no provision of this Agreement shall transfer the exclusive right to the Platform, Libraries, Blocks and Templates to the User.
4.3 The Non-Exclusive License is granted for the term of the Agreement without any geographical limits.

Platform and Library
4.4 The User has the right to use the Platform to:
a) create Bots, including using Blocks and Templates;
b) modify and refine the Bots;
c) connect their own page tokens in Messengers and various services to the Bots;
d) provide third parties with an access to the created Bot, provided that the third party's Account is registered and the Tariff is paid for in accordance with the terms of this User Agreement;
4.5. User may utilize Library items (Blocks and Templates) to create Bots only via the Platform.

4.6 The proprietary rights to the program code of the Bots belong to the Administration.
4.7 User may modify and improve the Bots only via the Platform.
4.8 User must save the Administration identifier "Powered by Botmother" in the Bots unless otherwise provided by the Tariff.

4.9 When creating a Bot, the User must replace the images, icons, texts in Blocks and Templates. These objects are used for demonstration purposes only. Using objects as Content in the Bot is possible only if the User has reached an agreement with the rights owners.
4.10. User guarantees that the Content does not violate the rights of third parties to the results of intellectual activity and similar means of individualization, the rights to information constituting a trade secret, does not harm the honor, business reputation and dignity of the third parties, does not violate national and international legislation.
4.11. The User grants the Administration the right to use the Content in any form and by any means within the framework of the Platform. The right of use is granted on the terms of a simple (non-exclusive) license and without payment of any remuneration for the duration of the exclusive rights without any geographical limits. Termination of the Agreement between the Parties shall not cancel this provision.

5 Export
5.1 User may not copy the program code of the Bot.
5.2 User may not export and use Library items (Blocks and Templates) separately from the Bot.

6. Services
6.1 Administration provides User with the service of creating a server to host the Bot.
6.2 The public address of the Bot is generated automatically by the Platform.
6.3 Administration gives no guarantees regarding the performance and safety of the server, on which the space is provided for the Bot. User assumes the risks of loss associated with disruptions in the operation of the Bot and loss of Content.

7. Prohibited Activities
The User shall not:
7.1 Use the Platform, Libraries, Blocks and Templates in a way not provided for in the Agreement.
7.2 Modify, customize, translate or create derivative products based on the Bot and Library elements, as well as integrate the Bot or Library elements into other results of intellectual activity.
7.3 Attempt to bypass technical restrictions imposed by the Platform.
7.4 Decompile, disassemble, decrypt and perform other actions with the Platform source code.
7.5 Export the Bot in violation of the Agreement.
7.6 Remove "Powered by Botmother" identifier from the Bot, unless otherwise stipulated by the Tariff.
7.7. Perform any actions to hide the identifier "Powered by Botmother".
7.8. use the Platform and the Bot to publish, distribute, store, transmit in any form the Content, which:
a) is unlawful, harmful, threatening, defamatory, incites violence against a person or group of persons or inhuman treatment of animals, calls for the commission of unlawful activities, including explaining the use of explosives and other weapons, violates generally accepted rules of decency and moral, as well as ethical standards, advocates hatred and/or discrimination, and contains negative and critical statements regarding religion, politics, race, ethnicity, gender, personal qualities;
b) may be perceived as advocating certain political and religious views, non-traditional sexual orientation, violence, drug, alcohol and tobacco use;
c) violates the rights of minors;
d) violates the rights of third parties to the results of intellectual activity and equivalent means of individualization, the rights to information constituting a trade secret, damaging the honor, business reputation and dignity of the third parties, violating national and international legislation;
e) contains information that is not permitted for disclosure;
f) contains harmful software (viruses, trojans or other computer code, files or programs) designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or its parts, to implement unauthorized access, to obtain access to commercial software products by providing serial numbers of logins, passwords, programs to generate them and other means to obtain unauthorized access to commercial resources;
i) may be used for illegal collection, storage and processing of personal data of others.
7.9 Use the Platform and/or Bot to:
a) disrupt the work of the Platform, including the placement of elements that hinder the exchange of information in real time, opening additional browser windows or mobile application, substituting functional interface elements, etc;
c) disseminating incorrect information regarding his/her affiliation with the Administration and/or its partners;
d) promote any activities aimed at violation of restrictions and prohibitions imposed by the Agreement, as well as violation of the current legislation.

8. Blocking and Removal
8.1 The Administration has the right to immediately block the Bot in case of:
a) revealing the User's violation of the Agreement provisions;
c) third parties claiming that the User has violated their rights;
d) receipt of appropriate requests from state authorities.
8.2 Blocking means the inability of Internet users to view the content of the Bot.
8.3 The User undertakes to take all actions on his/her own to stop the violation.
8.4 In case of blocking in connection with receiving complaints from third parties about violations of their rights by the User, the User shall be entitled to use the Bot in the future only if he/she completely remove the information and/or materials that caused the complaints of the third parties.
8.5 In case of blocking with respect to claims from governmental agencies, including Roskomnadzor, the Bot will not be unblocked.
8.6 The User shall not have the right to publish content from the blocked bot on the Platform.
8.7. In case of refusal to stop the violation or repeated blocking of the Bots, the Administration has the right to unilaterally delete the Account with all the Bots, Content and data.
8.8. The Administration has the right to delete all details of Bots if the User has not been active for the last four (4) months, including if the User who uses the free Rate does not create (does not change) Bots or if the Bot of such User does not receive informative messages from third parties during the mentioned period of time.
8.9. The Administration has the right to provide User with an opportunity to create a single Account. If the User creates more than one Account, the Administration reserves the right to delete the created Accounts and/or refuse to allow the User to utilize the Platform.

9. Fees
9.1 Types of Fees are available at http://botmother.com/price.
9.1.1 All Fees are quoted for using the Platform and Library items from one Account. If two or more Accounts are registered, including for using the same Bot (shared mode), each User (from each Account) has to pay the Fees independently.
9.2 The Fees may be changed unilaterally by the Administration. In this case the cost of the paid period shall not be changed.
9.3 User may use the Platform for free after registration. Administration may provide User with a trial period on a paid Tariff.
9.4 To switch to a paid Tariff on a permanent basis, the User shall pay for it using the methods offered by the Platform's functionality. Transition between paid Tariffs is possible if the cost of the new Tariff is paid in full.
9.5 Payment for the Tariff is made on the 100% prepayment basis.
9.6 The date of payment is the date of crediting funds to the Administration's settlement account.
9.7 The payment obligations are considered unfulfilled if the funds are returned at the request of the payment organization.
9.8 The fee is composed of the license fee (90%) and cost of services (10%).
9.9 Non-use of services by the User does not exempt the User from payment.
9.10. Upon expiry of the Tariff, it is automatically extended for a period similar to the previous one. Administration automatically deducts the appropriate amount from the User's payment card in accordance with the current Tariffs.
9.11. User has the right to cancel the auto-payment function or notify the Administration about their unwillingness to prolong the paid Tariff not later than three (3) days before the expiration of its validity period.
9.12. When switching from a paid Tariff to a free one, as well as when switching from a Tariff with a larger number of Bots to a Tariff with less Bots, the User's Bots in excess of the maximum number of Bots available for the new (including the free) Tariff will become inactive.
9.13. When paying for the Tariff for the first time, the User gives his/her consent to the Administration and its partners to store his/her payment card information and agrees that the Administration is authorized to charge the payment card for:
a) implementing the auto-pay function;
b) to debit other payments related to the Agreement;
c) to repay User's debts under the Agreement.

10. Rights of Administration
10.1 To change, modify and update the Platform without the User's consent and prior notice.
10.2 Set any restrictions on the Platform's usage.
10.3 Delete a User Account that has been inactive for four or more calendar months and at the time of deletion:
a) is on the free Tariff;
b) is not utilized by the User.
10.4 To send messages, notifications, requests, information of advertising and informational nature to the User.
10.5 Provide information about webinars, videos and other information about the Platform to the User.
10.6. Independently place the "Powered by Botmother" identifier in the Bot.
10.7. Obtain access to the User's Dashboard to monitor the operation of the Platform.
10.8. Perform preventive maintenance resulting in suspension of the Platform operation.
10.9 To return access to the User's Account in case of hacking, loss or change of username/password, provided that the following conditions are met:
a) the Account was used under the terms of the paid Tariff;
b) the user has provided true information on the payment card which was used to pay for the Tariff.
10.10. To return the Bot transferred to another Account under the control of the original User if:
a) the account is used under the terms of the paid Tariff;
b) the administration considers the actions of the User who is the recipient of the Bot to be in bad faith.
10.11. In case of the User's to the Technical Support, give the Administration staff access to all the information about the User and third parties, as well as to all the actions performed by the mentioned persons in the Bot including the correspondence (messages).
10.12. In case of violation of the provisions of this Agreement and/or the rules (terms) of use of the Platform by the User, the User's access to the Platform shall be restricted without refund of the money paid by the User.
10.13. At its own discretion, use additional procedures for registration including offering the User to confirm the registration by recognizing an automated test designed to distinguish computers and people ("CAPTCHA").

11. Personal Data
11.1. The procedure of processing of personal data by the Administration is determined by the Policy on Processing of Personal Data placed at http://botmother.com/privacy.
11.2. The terms of processing of User's personal data termination are specified in clause 13 of this Agreement, as well as in case of liquidation, reorganization and termination of the Administration.
11.3. The Platform provides computing power, which can be used by the User for the collection of personal data of the third parties.
11.4. If the User decides to process or collect third parties' personal data using the Platform's computing power, the User shall be solely responsible to the subjects of personal data for compliance with the relevant measures for the organization of processing and protection of personal data, and shall take appropriate legal, organizational and technical measures to protect personal data of the third parties in accordance with the requirements established by the Federal Law "On Personal Data".

12. Liability
12.1. Administration is not responsible for any direct or indirect loss of profit of the User.
12.2. Liability of the Administration under the Agreement may not exceed the cost of the Tariff paid by the User.
12.3 In case of claims, demands and/or suits of the Administration for violation of rights of the third parties due to violation of the User's guarantees the User undertakes to settle them and compensate the Administration for damages if any, including:
a) pay the amounts of any fines, penalties, forfeits, etc., levied (imposed) on the Administration through the User's fault. Herewith the Administration shall not be obliged to appeal against the decisions (acts) of controlling (and other bodies) to hold the Administration liable and to impose penalties;
b) compensate all expenses of the Administration (including court expenses) related to the need to settle the submitted claims, demands, suits.

13. Term of the Agreement
13.1 The Agreement is valid from the moment of acceptance until the User's Account is deleted.
13.2 The Account may be deleted:
a) at the User's request;
b) for the reasons specified in Section 8.
13.3 In case of deleting an Account which had a paid Tariff, the royalty is not refundable. The User has the right to demand a refund for the paid but not provided service period.
13.4 After deleting an Account the User has no right to use Bots, Blocks and Templates in any way.

14. Dispute Resolution and Conflicts
14.1 All disputes or conflicts arising between the Parties with respect to the performance of the Agreement shall be resolved by negotiations.
14.2 If the Parties fail to reach an agreement, disputes and conflicts shall be resolved by claim. The term of the answer to the claim is 30 days from the date of its receipt.

15. Final Clauses
15.1 The Agreement may be amended or supplemented by the Administration without any notice to the User at any time. The new edition of the Agreement shall be effective from the moment of its placing on the Platform.
15.2. Continued use of the Platform after amendments and/or additions to the Agreement means User's acceptance and consent to such amendments and/or additions.
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