Custombotify Terms of Service

CustomBotify, inc. - Terms of Service

These Terms of Service constitute a legally binding agreement between you and CustomBotify, Inc. (together with its subsidiaries and affiliates, "CustomBotify, Inc.", "CustomBotify", "we," "our" or "us") governing your use of our products, services, information, contents and tools, mobile application (the "App"), and website (the "Site" and collectively with the foregoing, the "Services").

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY APP UPGRADES, USING THE APP ON YOUR MOBILE DEVICE, VISITING THE SITE, ACCESSING OR USING THE SERVICES, OR PARTICIPATING IN AN ELECTRONIC CONVERSATION FACILITATED BY THE SERVICES (ANY SUCH PARTICIPANT, A "CONVERSATION PARTICIPANT"), YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. These Terms of Service apply to all users of the Services, including without limitation browsers, vendors, customers, merchants, consumers, content contributors, Business Owners (as defined below) and Agencies (as defined below). These Terms of Service are effective as of the date you first click "I agree" (or similar button or checkbox) or use or access the Services, whichever is earlier. If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Services; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent. In such event, "you" and "your" will refer and apply to your employer or such other legal entity.

Any personal data you submit to us or which we collect about you is governed by our Data Protection Addendum ("DPA"), available at www.custombotify.com/legal/dpa, and Privacy Policy ("Privacy Policy"), available at www.custombotify.com/legal/privacy. You acknowledge that by using the Services, you have reviewed the Privacy Policy and the DPA. The Privacy Policy and DPA are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this "Agreement".

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND CUSTOMBOTIFY CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 19). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

Brazilian Customers: This Agreement and your use of the Services will be governed by, and construed under, the laws of Brazil, including the Consumer Defense Code and the General Data Protection Law. Transactions conducted in Brazilian reais (BRL) between Users who declare residency in Brazil are processed by CustomBotify Brasil Ltda., a company registered under Brazilian law and enrolled in the CNPJ/ME under no. 56.201.101/0001-85, with headquarters at the State of São Paulo, in the City of Guarulhos, at Av. Salgado Filho, 2120, Room 2112 C, Bairro do Roncador Guarulhos, Zip Code 07115-363 ("CustomBotify Brazil").

1. Our Services

We provide a platform that enables businesses and individuals to create automated chat flows that they can deploy across a wide range of messaging services, social media and other third-party platforms.

2. Account, Password, Security, and Phone Use

You must register with CustomBotify and create an account to use the Services (an "Account") and as part of that process you will be requested to provide certain information, including without limitation your name, phone number and email address, which may be provided by linking certain services, including without limitation Instagram, Facebook, WhatsApp or Telegram, to your Account.

3. Agencies and Business Owners

A "Business Owner" is any individual or entity that uses CustomBotify's Services to market, support, develop, or otherwise commercialize their business, services, or products. An "Agency" is any service provider retained or hired by a Business Owner to create and/or manage a CustomBotify account and use the Services on the Business Owner's behalf.

4. User Generated Content

When you submit, upload, transmit, or display any data, information, media, or other content in connection with your use of the Services ("User Content"), you understand and acknowledge that you are solely responsible for such User Content.

5. Communication by Text Message or Email

By providing your phone number and email address and by using the Services, you hereby affirmatively consent to CustomBotify's use of your phone number for calls and recurring texts and your email address to provide you with information and reminders regarding your registration, changes and updates, service outages, or alterations.

6. Communication with CustomBotify and its Clients

You agree that CustomBotify and its clients may contact you via the Services, and that we may contact you outside of the Services using any of the means of contact you provided to us when registering for an Account.

7. Prohibited Uses

You agree not to use the Services for any unlawful purpose or any purpose prohibited under this section. You agree not to use the Services in any way that could damage the Services, CustomBotify, or the general business of CustomBotify.

8. Representations and Warranties; Compliance with Law

You represent and warrant that (i) you have the legal right to use any credit card(s), payment method(s) or other payment information you provide in connection with your use of the Services; and (ii) the information you supply to us is true, correct, and complete.

9. Mobile App Updates and Upgrades

You acknowledge and agree that the App may automatically download and install updates and upgrades from time to time from CustomBotify. These updates and upgrades are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions.

10. Billing and Payment

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

11. Termination and Suspension

CustomBotify reserves the right to terminate or suspend your Account and access to the Services at any time and for any reason, including but not limited to your breach of these Terms of Service.

12. Links to Third-Party Websites; Optional Third-Party Tools

The Services may contain links to third-party websites or services that are not owned or controlled by CustomBotify.

13. Optional CustomBotify-Provided Tools

CustomBotify may provide you with access to third-party tools over which CustomBotify neither monitors nor has any control or input.

14. Ownership and Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by CustomBotify, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

15. Copyright Complaints and Copyright Agent

If you believe that any User Content or other material on the Services infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated Copyright Agent.

16. Confidential Information

You acknowledge that the Services contain CustomBotify's and its licensors' trade secrets and confidential information.

17. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CUSTOMBOTIFY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

18. Indemnification

You agree to defend, indemnify, and hold harmless CustomBotify, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees.

19. Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.