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Terms of Use

These Terms of Service, as amended from time to time ("Terms"), are entered into by and between BotBye (botbye.com, "Company", "we", "us", or "our"), and the customer identified during Onboarding ("Customer"). "Onboarding" means the process by which Customer procures from BotBye a subscription to use the Service through a self-service sign-up process made available on botbye.com's website. These Terms and any terms agreed-to during Onboarding are collectively referred to herein as the "Agreement". By accessing or using the Service (as defined below) or clicking a button or checking a box marked "Submit", "I Agree", "I Accept", or something similar, or by otherwise affirmatively manifesting assent to this Agreement, Customer signifies that Customer has read, understood, and agrees to be bound by this Agreement as of Customer’s completion of Onboarding (such date, the "Effective Date").

PLEASE NOTE: THE SERVICE IS MADE AVAILABLE ON A SUBSCRIPTION BASIS. YOUR SUBSCRIPTION FOR THE SERVICE AND THIS AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE BILLING PERIODS AT OUR THEN-CURRENT PRICING UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 4.c BELOW.

Throughout the Subscription Term, BotBye will make commercially reasonable efforts to provide timely responses to support requests submitted by the Customer to accounts@botbye.com.

These Terms do not govern your access and use of BotBye products and services that are subject to the Self-Serve Subscription Agreement, Enterprise Subscription Agreement, or any other written agreement you have signed with BotBye (if applicable). In the event of any inconsistency between these Terms and any additional terms specific to a particular Website or Online Service, the additional terms will take precedence in resolving the conflict.

1. BotBye services

a. Eligibility. By accepting these Terms, you confirm and guarantee to us: (i) that you are at least eighteen (18) years old; (ii) that you have never been suspended or banned from using Websites and Online Services; and (iii) that your use of Websites and Online Services adheres to all relevant laws and regulations.

b. Distribution. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

c. Subscription. Subject to the terms and conditions of this Agreement, and solely during the Subscription Term: (a) BotBye grants the Customer a limited, revocable, non-exclusive, and non-transferable (except as provided in Section 3.a) right and license to install the Agent on the Customer’s website, solely as required for using the Service in accordance with the Documentation; (ii) the right and license to install or use the Mobile SDKs; and (b) the Customer and its Users may access the Dashboard remotely. This access is limited to the internal use of the Customer. The Customer and each User are responsible for maintaining the confidentiality of their Credentials and must not share them with any third party. The Customer is responsible for (i) ensuring its Users comply with this Agreement and for any actions taken through their Credentials, and (ii) disabling access to the Service for any User who is no longer an employee of the Customer.

d. Restrictions. The Customer may only use the Service as allowed under this Agreement. At no point may the Customer, directly or indirectly (or allow any third party to): (a) copy, alter, or create derivative works of the Service or any of its components; (b) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make the Service or any part of it available to others; (c) reverse engineer, disassemble, decompile, decode, adapt, or attempt to access or discover the source code of the Agent, Mobile SDKs, or any other part of the Service; (d) remove any copyright or proprietary notices from the Service or its components; (e) use the Service in a way that infringes upon or misappropriates any intellectual property rights, other rights, or violates any applicable law; (f) use the Service to conduct benchmarking or to aid in the creation of a product or service that competes with the Service or that mimics its functions, features, design, or user interface; (g) use automation tools or any software that runs automated tasks to create accounts, subscriptions, users, or any other resources within the Service; (h) bypass or disregard access controls, including attempts to avoid rate limiting by using multiple API keys, routing traffic through different IP addresses, or obscuring the origin of traffic sent to the Service; (i) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service, its hosting server, or any connected server, computer, or database; (j) use the Service to transmit viruses, worms, Trojans, or other harmful code that could compromise network security or be used to crack passwords or encryption; or (k) access, retrieve, or index parts of the Service to build or populate a searchable database.

2. grant of license to BotBye

a. Grant of License. When you submit, post, or publish any content, ideas, improvement suggestions, recommendations, feedback, information, data, or comments ("Content") to any Website or Online Service, you are granting BotBye a perpetual, irrevocable, global, non-exclusive, royalty-free license (with the ability to sublicense) to use, integrate, exploit, showcase, perform, replicate, distribute, and create derivative works based on your Content. Although you will continue to own your Content, BotBye is not obligated to pay you for any use of it. By submitting, posting, or publishing your Content, you affirm that your Content does not: (i) infringe upon, violate, or misappropriate any third-party rights, including intellectual property rights such as copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, or any other proprietary rights; or (ii) slander, defame, or libel any third party.

b. Data Processing. In instances where BotBye handles any Personal Information included in the Visitor Data, BotBye will manage such Personal Information strictly according to the instructions of and on behalf of the Customer. For Customers based in the European Economic Area, the United Kingdom, or Switzerland, or if the Personal Information within the Visitor Data falls under European Data Protection Legislation, BotBye will handle this Personal Information in accordance with BotBye’s GDPR data processing agreement. This agreement is incorporated by reference into this contract and can be reviewed at Privacy Policy. If the Customer is governed by the California Consumer Privacy Act and its regulations (“CCPA”), and the Personal Information involves California residents, BotBye will process this information as per BotBye’s CCPA data processing agreement, which is also incorporated by reference into this contract and available at Privacy Policy. If the parties mutually agree in writing to a different data processing agreement, that agreement will supersede the aforementioned data processing agreements.

c. Usage Data. BotBye may gather Usage Data to manage, enhance, and support the Service, as well as for other legitimate business purposes, including analytics, performance assessments, and reporting. However, BotBye will not share Usage Data with third parties, such as in benchmarking or reports, unless the data has been (a) anonymized so that it cannot identify the Customer, its Users, or any other individual, and (b) combined with data from other BotBye clients.

3. intellectual property

a. Grant of Rights. Under this Agreement, BotBye provides the Customer with a revocable, non-exclusive, non-transferable, and non-assignable right for the duration of the Term. This right is granted for the Customer's internal business use and subject to any usage restrictions, including: (a) the right to access and utilize the BotBye Solution according to the technical materials supplied in either printed or digital form that detail the use and operation of the BotBye Solution (“Documentation”); (b) the right to use the Documentation solely to support the Customer's use of the BotBye Solution; and (c) the right to access and use the APIs to integrate the BotBye Solution with websites and/or platforms controlled by or owned by the Customer (“Customer Platform”). The Customer may allow Authorized Users to access and use the Services as outlined in this Agreement.

b. Restrictions. The Customer will not allow any Authorized User to: (a) permit any third party to access the Services or Documentation (“BotBye Properties”) unless explicitly allowed in this Agreement; (b) alter, adapt, modify, or translate BotBye Properties; (c) sublicense, lease, sell, resell, rent, lend, distribute, transfer, or otherwise grant access to BotBye Properties for the benefit of any unauthorized third party; (d) reverse engineer, decompile, disassemble, or attempt to uncover or deduce the source code (or the underlying ideas, algorithms, structure, or organization) of the Services or API; (e) interfere with the functioning of the Services or API, or the hardware and network supporting the Services; (f) modify, replicate, or create derivative works from any part of BotBye Properties; (g) use the Services to develop a similar or competing product or service; (h) attempt to access the Services or API through unauthorized interfaces; or (i) use BotBye Properties in any way that exceeds the permitted scope of use under Section 3.a or violates applicable laws, the Documentation, or this Agreement.

c. Ownership. The Services and Documentation, including all global intellectual property rights related to them, are solely owned by BotBye and its licensors. All rights and licenses in the Services and Documentation not explicitly granted to the Customer under this Agreement remain with BotBye and its licensors. The Customer’s use of BotBye's intellectual property does not grant, transfer, or create any ownership rights or interests in BotBye's intellectual property, either during or after the term of this Agreement.

d. Open-Source Software. Except as outlined in Sections 3.a and 6., certain software components provided with the Services may be subject to “open source” or “free software” licenses (“Open-Source Software”). Each piece of Open-Source Software is governed by the end-user license accompanying that software and is not subject to the terms of Section 3.a or 6.

e. Feedback. The Customer grants BotBye a royalty-free, global, transferable, sublicensable, irrevocable, and perpetual license to use or incorporate into any services provided under this Agreement, including but not limited to the Services, any suggestions, improvement requests, recommendations, or other feedback from the Customer or its Authorized Users related to the Services. BotBye will not disclose the Customer’s identity as the source of such feedback.

4. fees and payments

a. Payments. We accept the following forms of payment:

Visa
Mastercard
Discover
PayPal
American Express

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

b. Bank Transfers. BotBye accepts payment of Fees through wire transfers or ACH (collectively referred to as “Bank Transfers”). BotBye will supply the Customer with the necessary Bank Transfer details in writing, and the Customer is required to follow these instructions for all payments. The Customer acknowledges that Bank Transfer services are facilitated by an external financial institution, and such transactions are subject to the terms and conditions of that institution. BotBye holds no responsibility for any fees or expenses incurred by the Customer as a result of using Bank Transfer services. If applicable, the Customer grants consent and authorization for BotBye to share any payment information or instructions provided by the Customer in connection with a Bank Transfer, in compliance with relevant laws.

c. Automatic Renewal. After the completion of the initial billing cycle, and again at the end of any future billing cycles, the Customer’s subscription will automatically renew on the day following the conclusion of that period (referred to as the "Renewal Commencement Date") for another equivalent term, at the current price set by BotBye for the subscription. The Customer agrees that the chosen Payment Method will be used for this automatic renewal unless the Customer cancels the subscription at least thirty (30) days before the Renewal Commencement Date. By subscribing, the Customer gives BotBye permission to charge the Payment Method for both the initial and subsequent billing cycles. BotBye may also pre-authorize the Payment Method in preparation for subscription or other related charges. If you have any questions or are unsatisfied with our Services, please email us at accounts@botbye.com.

5. ownership; proprietary rights

The visual components, designs, graphics, compilations, information, data, computer code (whether source code or object code), products, software, services, and all other elements provided through the Websites and Online Services (referred to as the "Materials") by BotBye are protected under applicable intellectual property laws and proprietary rights. All Materials featured on the Websites and Online Services are owned by BotBye or its third-party licensors. Unless explicitly permitted by BotBye, you are not authorized to use the Materials. BotBye retains all rights to the Materials that are not specifically granted within these Terms.

6. indemnification

You agree to take full responsibility for your use of the Websites and Online Services, and you further agree to defend, indemnify, and hold harmless BotBye, along with its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively referred to as "BotBye Entities"), from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising from or in any way related to: (i) your access to, use of, or alleged use of the Websites and Online Services; (ii) your breach of these Terms, or any applicable laws, regulations, or agreements referenced herein; (iii) your infringement of any third-party rights, including but not limited to intellectual property, privacy, confidentiality, or publicity rights; or (iv) any disputes or issues arising between you and any third party. We reserve the right, at our expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims without limiting your indemnification obligations.

7. software

THE WEBSITES AND ONLINE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE CLEAR UNDERSTANDING THAT BOTBYE HAS NO OBLIGATION TO MONITOR, CONTROL, OR REVIEW THE CONTENT OR DATA PRESENTED ON THE WEBSITES AND ONLINE SERVICES. THEREFORE, YOUR USE OF THE WEBSITES AND ONLINE SERVICES IS AT YOUR OWN DISCRETION AND RISK. BOTBYE MAKES NO GUARANTEES OR REPRESENTATIONS REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITES AND ONLINE SERVICES AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. user generated contributions

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. changes to these terms

BotBye reserves the right to update or modify these Terms at any time. Any updated version of the Terms will be made available on this Website. Unless stated otherwise, any changes will take effect from the date they are posted. If you do not agree with the modified Terms, your only remedy is to stop using the Websites and Online Services.

10. guidelines for reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

If the Customer offers BotBye any feedback or suggestions about the Service or other BotBye products, BotBye is free to utilize that feedback or those suggestions without any limitations.

11. third-party websites and content

The Services may contain (or you may be sent via the Site or App) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. privacy policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Germany EU. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany EU, then through your continued use of the Services, you are transferring your data to Germany EU, and you expressly consent to have your data transferred to and processed in Germany EU.

14. term and termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. governing law

These Legal Terms are governed by and interpreted following the laws of Poland, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. BotBye and yourself both agree to submit to the non-exclusive jurisdiction of the courts of EU, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Poland, or in the EU country in which you reside.

17. corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

18. disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

The waivers and limitations in this Section 19 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.

20. publicity.

BotBye may feature Customer and its trademarks in BotBye’s lists of clients and marketing materials. However, BotBye will stop using such information upon receiving a written request from Customer.

21. electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. general terms

Assignment. Neither party is allowed to transfer this Agreement to another party without obtaining prior written approval from the other party, except in cases of a merger, reorganization, acquisition, or transfer of all or nearly all of its assets or voting stock. Any unauthorized assignment is invalid. This Agreement will be binding upon and will benefit each party’s authorized successors and assigns.

Notices. Unless otherwise specified in this Agreement, all notices must be delivered in writing to the addresses listed on the first page of this document. Either party may update its address by notifying the other party. BotBye may also send operational notices to the Customer via email or through the Service.

Entire Agreement. This Agreement represents the complete and exclusive agreement between the parties concerning its subject matter and overrides any previous or simultaneous agreements regarding the same. Headings are included for convenience only, and terms like “including” should be interpreted without limitation. Any terms found in a Customer’s purchase order or business form will not alter or amend this Agreement and are explicitly rejected by BotBye; these documents are for administrative purposes only and have no legal bearing.

Amendments. BotBye may, at its sole discretion, update this Agreement by posting a revised version on its website. The Customer is responsible for regularly checking for changes to this Agreement. CONTINUED USE OF THE SERVICE AFTER SUCH CHANGES WILL BE CONSIDERED AS ACCEPTANCE OF THE UPDATED TERMS. If the Customer does not agree with the updated Agreement, they must cease using the Service. Changes will take effect no earlier than seven (7) days after they are posted, except for changes related to new functionalities or legal requirements, which will take effect immediately.

Audit Rights. Upon BotBye’s written request, the Customer must provide a signed statement certifying that their use of the Service complies fully with the terms of this Agreement.

Force Majeure. Neither party will be held liable for any delay or failure in performing obligations under this Agreement (except for failure to pay fees) due to events beyond their reasonable control, such as strikes, blockades, wars, acts of terrorism, riots, internet or utility outages, government license refusals, or natural disasters.

Subcontractors. BotBye may engage subcontractors to perform tasks and allow them to exercise BotBye’s rights, but BotBye remains accountable for ensuring their compliance with this Agreement and for overall performance under it.

Independent Contractors. The parties operate as independent contractors and not as agents, partners, or joint ventures.

Open Source. The Service may include or be accompanied by third-party components subject to “open source” software licenses (“Third-Party Open Source”). Such Third-Party Open Source may be identified within the Service, its Documentation, or BotBye will provide a list upon Customer’s written request. The terms of the open source licenses will apply instead of this Agreement’s terms concerning Third-Party Open Source, including any provisions related to source code access, modification, or reverse engineering. For clarity, Third-Party Open Source does not include any open source software developed by BotBye.

23. contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: accounts@botbye.com