Terms of Service

1. Acceptance of Terms

By accessing or using BotHero.ai ("BotHero," "the Service," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and BotHero.ai. By creating an account, deploying a bot, or otherwise using our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

We reserve the right to modify these Terms at any time. Material changes will be notified via email and prominently displayed on our website. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Description of Service

BotHero.ai provides a SaaS platform that enables small businesses to create, configure, and deploy AI-powered Telegram bots for customer engagement, lead generation, and automated support.

2.1 Service Features

The Service includes, but is not limited to:

• Bot creation and management dashboard
• AI-powered natural language conversation processing using large language models
• Lead capture and customer relationship management tools
• Knowledge base creation and retrieval-augmented generation (RAG) capabilities
• Analytics and conversation insights
• Integration with Telegram messaging platform
• Webhook and API access for custom integrations (tier-dependent)

2.2 Service Availability

The Service is provided "as is" and is subject to availability. While we strive for 99.9% uptime, we do not guarantee uninterrupted, error-free, or secure access to the Service. Scheduled maintenance will be announced in advance when possible.

3. Account Registration and Security

3.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Represent a legitimate business entity or operate as a sole proprietor
• Not be prohibited from using the Service under applicable laws
• Not be located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country

3.2 Account Creation

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Not create multiple accounts to circumvent service limitations or restrictions
• Not share your account credentials with others
• Not create accounts using automated means or under false pretenses

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Using strong, unique passwords and enabling two-factor authentication

BotHero.ai is not liable for any loss or damage arising from your failure to maintain account security.

4. Subscription Plans and Billing

4.1 Subscription Tiers

BotHero.ai offers the following subscription tiers:

4.2 Free Trial

New users receive a 7-day free trial with 50 messages. No credit card is required for the trial. The trial automatically expires without converting to a paid plan unless you explicitly upgrade. Trial accounts may be limited in features compared to paid tiers.

4.3 Billing and Payment

• Paid subscriptions are billed monthly in advance on your subscription start date
• All fees are in U.S. Dollars (USD) unless otherwise specified
• Payment is processed securely through Stripe
• You authorize us to charge your payment method on each billing cycle
• Failed payments may result in service suspension after a 7-day grace period
• You are responsible for all applicable taxes, which will be added to your bill where required

4.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged at the then-current rate. We will notify you of price increases at least 30 days in advance.

4.5 Upgrades and Downgrades

• Upgrades: Take effect immediately. You will be charged a prorated amount for the remainder of your billing cycle.
• Downgrades: Take effect at the start of your next billing cycle. You retain access to higher-tier features until then.
• Downgrading may result in loss of data if you exceed the new plan's limits (e.g., storage, bot count). We recommend exporting data before downgrading.

4.6 Cancellation

• You may cancel your subscription at any time through your account settings
• Cancellations take effect at the end of the current billing period
• You will retain access to paid features until the end of the billing period
• No refunds are provided for partial months or unused messages
• Your data will be retained for 30 days after cancellation, then permanently deleted

4.7 Refund Policy

We offer a 14-day money-back guarantee on your first paid subscription:

• Request a refund within 14 days of your first payment
• Contact [email protected] with your account details and reason for refund
• Refunds are issued to the original payment method within 5-10 business days
• This guarantee applies only to first-time purchases, not renewals or upgrades
• Abuse of the refund policy may result in account termination

4.8 Overages

If you exceed your plan's message limit, your bots will continue to function but you will be prompted to upgrade. For Enterprise plans, overages may incur additional charges as specified in your agreement.

5. Acceptable Use Policy

You agree to use the Service in compliance with all applicable laws and regulations. You may NOT use BotHero.ai or your bots to:

5.1 Prohibited Activities

• Violate any local, state, national, or international law or regulation
• Infringe upon or misappropriate any intellectual property rights
• Transmit spam, unsolicited messages, or engage in mass messaging without consent
• Distribute malware, viruses, or other harmful code
• Harass, abuse, threaten, or harm others
• Impersonate any person or entity, or falsely represent affiliation with any entity
• Engage in fraudulent, deceptive, or misleading practices
• Conduct illegal activities including but not limited to scams, phishing, or money laundering
• Violate the privacy or data protection rights of others
• Scrape, crawl, or harvest data from the Service without authorization

5.2 Technical Restrictions

• Attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems
• Interfere with or disrupt the Service, servers, or networks
• Circumvent or attempt to circumvent usage limits, security measures, or access controls
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated means to access the Service except through documented APIs
• Create derivative works based on the Service without explicit permission

5.3 Content Restrictions

Your bots must not:

• Promote or facilitate illegal activities, violence, terrorism, or hate speech
• Distribute sexually explicit, pornographic, or age-inappropriate content
• Spread misinformation, disinformation, or conspiracy theories
• Violate Telegram's Terms of Service or Community Guidelines
• Engage in political campaigning in jurisdictions where regulated (without proper authorization)

5.4 Competitive Use

You may not use the Service to develop, train, or operate a competing service or product. This includes benchmarking for competitive purposes without written permission.

5.5 Enforcement

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund. We reserve the right to investigate violations and cooperate with law enforcement. Severe violations may be reported to authorities.

6. Intellectual Property Rights

6.1 Our Intellectual Property

BotHero.ai and the Service, including all software, designs, text, graphics, logos, icons, images, audio clips, data compilations, and other content (collectively "Our Content"), are owned by or licensed to BotHero.ai and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes in accordance with these Terms. All rights not expressly granted are reserved.

6.2 Your Content

You retain all ownership rights to content you create, upload, or configure through the Service, including:

• Bot configurations, personality prompts, and custom instructions
• Knowledge base documents and training materials
• Conversation history and user interactions (subject to applicable laws)
• Analytics and insights derived from your bot's usage

6.3 License to Us

By uploading or creating content through the Service, you grant BotHero.ai a worldwide, royalty-free, non-exclusive license to use, store, reproduce, modify, and process your content solely to provide and improve the Service. This license terminates when you delete your content or account, except for content that has been shared with others or as required for backup and legal purposes.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without attribution or compensation.

7. User Content and Data Responsibility

7.1 Content Responsibility

You are solely responsible for all content processed, transmitted, or stored through your bots. This includes ensuring that your bots comply with applicable laws, respect user privacy, and do not infringe on third-party rights.

7.2 Data Protection Compliance

If your bot collects or processes personal data, you are responsible for complying with applicable data protection laws, including but not limited to:

• General Data Protection Regulation (GDPR) for European users
• California Consumer Privacy Act (CCPA) for California users
• Other applicable regional and national privacy laws

You must provide appropriate privacy notices, obtain necessary consents, and honor user rights (access, deletion, etc.) as required by law.

7.3 Data Processing Agreement

For users subject to GDPR, our Data Processing Agreement (DPA) is incorporated by reference into these Terms. The DPA is available at /legal/dpa (TBD) and governs our processing of personal data on your behalf.

8. AI Technology Disclaimer

8.1 Nature of AI Responses

The Service uses large language models (LLMs) and artificial intelligence to generate bot responses. AI-generated content is probabilistic and may contain errors, inaccuracies, or inappropriate responses despite our best efforts to ensure quality and safety.

8.2 No Warranty of Accuracy

We do not guarantee the accuracy, completeness, or reliability of AI-generated responses. AI responses should not be considered professional advice (legal, medical, financial, or otherwise) and should not be relied upon as a substitute for professional consultation.

8.3 User Responsibility for Bot Behavior

You are responsible for:

• Monitoring your bot's responses and behavior
• Configuring appropriate safety filters and content moderation
• Providing clear disclaimers to your users about AI-generated content
• Implementing human oversight for sensitive use cases
• Testing your bot thoroughly before deployment

8.4 Content Moderation

We implement automated content moderation and safety filters, but we cannot guarantee that all inappropriate content will be blocked. You should implement additional safeguards appropriate to your use case and regularly review conversation logs.

9. Service Level and Availability

9.1 Uptime Target

We target 99.9% uptime for paid plans, measured monthly. This excludes scheduled maintenance and circumstances beyond our control. Enterprise plans include formal SLA agreements with uptime credits for violations.

9.2 Maintenance and Downtime

• Scheduled maintenance will be announced at least 48 hours in advance when possible
• Emergency maintenance may occur without notice
• We will strive to perform maintenance during low-traffic periods
• Maintenance windows are excluded from uptime calculations

9.3 Service Modifications

We may modify, suspend, or discontinue any feature or aspect of the Service at any time, with or without notice. We will provide reasonable notice for material changes that negatively impact functionality. No liability arises from such modifications except as required by law.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, BOTHERO.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 No Liability for Specific Damages

BOTHERO.AI SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Service interruptions, errors, or data loss
• Actions, omissions, or content of third parties (including AI providers, Telegram, or end users)
• Unauthorized access to or alteration of your transmissions or data
• Harm resulting from AI-generated content or bot behavior

10.3 Limitation of Liability Cap

IN NO EVENT SHALL BOTHERO.AI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BOTHERO.AI IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

10.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless BotHero.ai, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights, including intellectual property, privacy, or data protection rights
• Content generated by your bots or actions taken by your bots
• Disputes between you and your end users

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense of such claim.

12. Termination

12.1 Termination by You

You may terminate your account at any time through your account settings or by contacting [email protected]. Termination takes effect at the end of your current billing period. No refunds will be provided for early termination except as specified in Section 4.7.

12.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms or our Acceptable Use Policy
• Your payment fails and is not resolved within the grace period
• Your account is inactive for more than 12 months (after notice)
• We reasonably believe your account poses a security or legal risk
• We are required to do so by law or legal request
• We cease offering the Service (with 30 days' notice)

12.3 Effect of Termination

Upon termination:

• Your access to the Service ends immediately
• Your bots will stop processing messages
• Your data will be retained for 30 days, then permanently deleted
• You may request a data export within 30 days of termination
• Unpaid fees become immediately due and payable
• Sections that by their nature should survive termination will continue to apply (including payment obligations, disclaimers, and limitations of liability)

13. Dispute Resolution

13.1 Informal Resolution

Before filing a formal claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will work in good faith to resolve disputes within 60 days.

13.2 Arbitration Agreement (US Users)

For users in the United States, any dispute that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Arbitration will be conducted in San Francisco, California, or remotely by video conference
• The arbitrator's award is binding and may be entered as a judgment in any court
• You waive the right to a jury trial and to participate in class actions
• Small claims court actions (under $10,000) are exempt from arbitration

13.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to bring or participate in a class action, collective action, or representative proceeding.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

To the extent arbitration does not apply, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

If you are located outside the United States, you acknowledge that we operate under U.S. law and agree to comply with applicable local laws in your use of the Service.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, legal requirements, or business operations.

When we make material changes:

• We will update the "Effective Date" at the top of this page
• We will notify you via email at least 30 days before changes take effect
• We will display a prominent notice on our website
• For significant changes affecting your rights, we may require explicit acceptance

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and may cancel your account.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and BotHero.ai regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be reformed to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver will be effective unless in writing.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

16.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemic, power outages, or internet failures.

16.6 Third-Party Services

The Service may integrate with or link to third-party services (Telegram, Stripe, etc.). Your use of third-party services is governed by their respective terms. We are not responsible for third-party services or their availability.

16.7 Export Compliance

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or export restrictions.

17. Contact Information

If you have questions, concerns, or requests regarding these Terms of Service, please contact us: