Terms and conditions
Introduction
BOTNATION AI is a service published by Uplike, S.A.S with capital of €150,000, whose registered office is located at 366 Ter rue de Vaugirard – 75015 PARIS FRANCE – SIRET 75116386600047 – VAT FR26751163866, providing chatbot and conversational agent management solutions through a platform marketed via its website botnation.ai. The purpose of these Terms and Conditions is to define the terms and conditions of use of the BOTNATION AI service and its privacy policy. Uplike reserves the right, at any time and at its sole discretion, to modify or update these Terms and Conditions by publishing any changes, additions, or updates on the Website and/or by sending an email notification, where possible at least 30 days before they come into effect. These Terms of Use govern the relationship between Uplike SAS, referred to as “Uplike,” “BOTNATION AI,” “BOTNATION,” or “We,” and You, referred to as “The User,” “The Customer,” or “You,” including if You represent an employer or a client.Translated with DeepL.com (free version) Any special terms and conditions negotiated between BOTNATION AI and the User shall prevail over these Terms and Conditions. Any special terms and conditions negotiated between BOTNATION AI and the User shall prevail over these Terms and Conditions. The BOTNATION AI platform is exclusively reserved for professional use and is not accessible to minors under the age of 18 or to any legal or natural person who does not comply with the Agreement.
User account management
The use of BOTNATION AI services requires the creation of an online account. The User is responsible for the accuracy of the information they provide and undertakes to update their information or notify BOTNATION AI without delay of any changes affecting their situation. The User shall take all necessary measures to maintain the confidentiality of access to their account. The User undertakes to ensure the security and confidentiality of the personal identifiers associated with their account (including the master account and any associated sub-accounts). You acknowledge that you have been informed and fully accept that you may be held liable for any damage caused by the use of the account, and that We cannot be held responsible for any fraudulent use on your part. In the event of fraudulent use of their account, Users agree to immediately notify BOTNATION AI and change their access password without delay. Any costs resulting from this unauthorized use will be borne by the User until they have notified BOTNATION AI of such use. BOTNATION AI shall in no event be liable for any material or immaterial damage resulting from the use of the account by a third party, with or without the User’s authorization.Subscriptions
BOTNATION AI offers several options to our customers, including free and paid subscriptions, with or without commitment. You can find these subscription options and associated rates on the Website https://BOTNATION.AIAbonnement free
Free subscriptions are available to everyone and are subject to usage restrictions (limited number of monthly users and/or message volume). These usage restrictions are listed on the Website at the address indicated above. Paid subscription without commitment Paid subscriptions without commitment are available to everyone and are subject to more extensive usage restrictions. Additional features may also be added to these subscriptions. For these non-binding paid subscriptions, your subscription will be due and payable in advance each month from the date of your registration or the date of your first paid subscription. A pro-rata calculation of the period due may also be offered. If your number of users exceeds your monthly flat-rate commitment, additional costs will be debited automatically without interruption to your services. The rates applicable as of July 16, 2018 are available at this address. Promotional rates may be temporarily advertised there. The use of discount coupons (“promo codes”) is limited to one per account and only for new customers. Payment can be made by credit card via an online payment system. You authorize BOTNATION AI to charge the credit card you provide to us for all fees and amounts you owe us for the Services. The subscription price does not include the cost of telecommunications, Internet access, or any Support Services required to use the Service; these costs remain your responsibility. Invoices, expressed in Euros, US Dollars, or British Pounds, excluding taxes, are payable net, without discount, and upon receipt (unless otherwise stated on the invoice). Any delay in payment may result in the temporary suspension of the Service and/or termination of Your subscription, at our sole discretion, immediately and upon notification. All amounts due are expressed excluding taxes. You agree to pay or reimburse, as applicable, BOTNATION AI for all taxes and duties due or paid, imposed by any public authority on the amounts due under the Services and for which you are personally liable. BOTNATION AI reserves the right to change the subscription rates for the Services by notifying You by email with a minimum of thirty (30) days’ notice. If You do not accept the new rates notified to You, You must cease all use of the Service no later than the last day of the current monthly period already paid for on the date of notification and cancel Your subscription. In the case of an annual subscription, the rates applicable to You are those in effect on the date of your order; the new rates will only apply to You upon renewal of your subscription at the end of the term. You agree not to hold BOTNATION AI liable and not to dispute payment corresponding to your use of the platform, including in cases where some of these payments are blocked by a third party and do not reach the recipient under the conditions you would have wished. Right of withdrawal Our Services are reserved exclusively for professional use and the provisions of Articles L.121-20 et seq. of the Consumer Code shall not apply. Free subscription and paid subscription with no commitment Free subscriptions and paid subscriptions with no commitment are concluded for an indefinite period and are tacitly renewable from month to month, subject, where applicable, to full payment of the price due. You may terminate your free or no-commitment subscription at any time. However, we draw your attention to the fact that BOTNATION AI will under no circumstances be able to refund any sums paid in advance on a pro rata basis for the current month that has been terminated and not used; it is therefore your responsibility to anticipate the termination of your subscription so that it takes effect at the most appropriate time.
Compliance with applicable regulations
Free subscription and paid subscription with no commitmentFree subscriptions and paid subscriptions with no commitment are concluded for an indefinite period and are tacitly renewable from month to month, subject, where applicable, to full payment of the price due. You may terminate your free or no-commitment subscription at any time. However, we draw your attention to the fact that BOTNATION AI will under no circumstances be able to refund any sums paid in advance on a pro rata basis for the current month that has been terminated and not used; it is therefore your responsibility to anticipate the termination of your subscription so that it takes effect at the most appropriate time.
User Intellectual Property Rights
The User authorizes BOTNATION AI to use its name, brand, and visual identity solely for the purpose of performing the Services. The User guarantees BOTNATION AI that they have full power and authority to exploit and grant intellectual and industrial property rights and that these rights are in no way transferred, mortgaged, encumbered, or in any way assigned to a third party. that it has not done and will not do, by way of transfer to a third party or by any other means, any act that could compromise the use of intellectual and industrial property rights; that he has not introduced and will not introduce into his conversations any sequence, reproduction, or reminiscence that may infringe on the rights of third parties; that no dispute or lawsuit is pending or about to be filed involving intellectual property rights. Furthermore, the User undertakes to indemnify BOTNATION AI against any third-party claims and any convictions that may be brought against it arising from non-compliance with this article. Intellectual and industrial property rights of BOTNATION AI All programs, services, processes, designs, software, technologies, trademarks and trade names, and inventions appearing on the Site, accessible via the Site or via the Services of BOTNATION AI are the property of UPLIKE, BOTNATION AI or its licensors. The User agrees not to use the Site, the Services, or any of the elements listed above in any way for purposes other than those provided for herein.Protection of third-party personal data
BOTNATION AI has access to information contained in conversations created by Users of its Services on their personal accounts, through BOTNATION AI services or connected platforms. This data is stored on secure servers and is processed electronically in order to provide the service subscribed to by the User and improve BOTNATION AI’s Services. BOTNATION AI undertakes not to transfer or rent the data contained in the conversations of Users of its Services. Personal data may only be disclosed to third parties with the User’s authorization, certifying that the owner of the personal data has authorized such disclosure, or at the request of the legally competent authorities, by court order, or in the context of legal proceedings. The User guarantees BOTNATION AI that they comply with the provisions of Law No. 78-17 of January 6, 1978, relating to information technology, files, and civil liberties, as amended by the law of August 6, 2004.Prohibited uses
The use of BOTNATION AI Services resulting from the subscription to said Services is strictly personal and may not be rented, transferred free of charge or for a fee to a third party. In the absence of prior authorization, the use of BOTNATION AI is limited to a single account per user. The use of BOTNATION AI Services resulting from the subscription to said Services is strictly personal and may not be rented, transferred free of charge or for a fee to a third party. In the absence of prior authorization, the use of BOTNATION AI is limited to a single account per user. Any attempt to gain unauthorized access to the Services, other accounts, computer systems, or other networks connected to a BOTNATION AI server or to any of the services through hacking or any other method is prohibited. The use of the Services for purposes related to distributing, receiving, or selling products or services linked to illegal or fraudulent activities, or encouraging such activities, including, but not limited to: activities related to illegal drugs, pornography or sexually explicit e-commerce, gambling and other games of chance, pirated programs or the dissemination of viruses or computer programs intended to cause damage, instructions for assembling or creating weapons, the dissemination of material containing violence against children or encouraging violence, misappropriation of intellectual property belonging to any third party, communication of personally identifiable information about health or health insurance, and distribution of bank account or credit card information are strictly prohibited. In the event of non-compliance with this article, BOTNATION AI reserves the right to immediately block the User’s access to its Services and delete all information from their account without notice and without refund or any other form of compensation. BOTNATION AI reserves the right to refuse or limit service to accounts that do not comply with its terms and conditions, laws regulating communications companies, or distribute unsolicited communications.Unsubscribing recipients
All conversations must include a clear and concise link allowing recipients to unsubscribe from notifications (push notifications) and thus no longer receive any future communications from you. This link must be easy for everyone to recognize, read, and understand. On your end, the unsubscription must take effect immediately.Liability and warranties of BOTNATION AI
Except in cases of force majeure, BOTNATION guarantees the User the proper performance of its services in accordance with these Terms and Conditions. Any compensation owed by BOTNATION to the User or to a third party due to the liability of BOTNATION AI, its subsidiaries, or its partners in connection with the performance hereof shall not exceed the price paid by the User in consideration for the Service(s) giving rise to such liability. BOTNATION does not systematically monitor the content of messages sent by Users. Users remain responsible for the messages they exchange. Under no circumstances shall BOTNATION AI be held liable to third parties for any damage or loss of expectations resulting from the sending of messages on behalf of the User for any reason whatsoever. Under no circumstances shall BOTNATION AI be held liable to third parties for any damage or loss of expectations resulting from the sending of messages on behalf of the User for any reason whatsoever.User Responsibility
The User is solely responsible for the content of messages sent in connection with the performance of this Agreement. The User indemnifies BOTNATION AI against any damage, claim, or recourse by third parties resulting from a violation by the User of these Terms and Conditions or any legal or regulatory provision or resulting from an applicable international agreement. The User expressly acknowledges that BOTNATION AI cannot be held liable for any loss or destruction of Content, including Data, and that it is therefore Your responsibility to back it up.Changes to Terms of Use, BOTNATION AI Policies, and Offerings
Modification of Terms of Use BOTNATION AI may modify these Terms of Use, its privacy policies, and its offering, commercial offering, and pricing plans. Term – Termination This Agreement is entered into for an indefinite term. It may be terminated at any time by the User from their personal account. In the event of termination by the User, the sums paid in consideration for any of the BOTNATION Services remain due to BOTNATION, even if the User has not used up the quotas acquired. In the event of non-compliance by the User with these Terms and Conditions or any legal or regulatory provision or provision resulting from an applicable international agreement, BOTNATION AI reserves the right to terminate the Contract without notice.Force majeure
The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations described in these Terms and Conditions results from a case of force majeure. Force majeure refers to any external, unavoidable, and unforeseeable event, as interpreted by French case law, that prevents one of the parties from fulfilling its obligations or makes the fulfillment of those obligations excessively burdensome. In addition to those usually recognized by French case law, the following shall expressly be considered as cases of force majeure, without this list being exhaustive:- wars, armed conflicts, riots, insurrections, sabotage, acts of terrorism,
- total or partial strikes, internal or external to the company, at a supplier or national operator, lockouts, blockages of means of transport or supply for any reason whatsoever,
- natural disasters causing the destruction of infrastructure, such as fires, storms, floods, water damage,
- Government or legal restrictions, legal or regulatory changes to marketing methods, cases of suspension, cancellation, or revocation of any authorization by any competent authority,
- interruptions to the BOTNATION AI network, its subcontractor, or its supplier, as a result of computer failures, blockage of telecommunications, whether resulting from external attacks, interruptions in the services of the access provider or other causes, and any other event not attributable to BOTNATION AI, its subcontractor or its supplier, preventing the normal performance of services;
- power outages lasting more than 48 hours.
