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Terms of Service

Effective as of November 1, 2024

General

By accessing and using bot.media’s application programming interfaces, software, tools, data, documentation, or website (collectively, the “Services”), you confirm that you have read and agree to be bound by these Terms, all applicable laws and regulations, and any future updates. You further confirm that you are at least 18 years of age and legally capable of entering into a binding contract.

Unless otherwise specified, the following terms apply to these Terms and any agreements or notices from bot.media, including our Privacy Policy, have the following meanings.

  • "Client," "User," "You," and "Your"** refer to the individual using the Services and accepting the Terms, or, if accepting on behalf of an entity, also to that entity.
  • "bot.media," "Ourselves," "Our," "We," and "Us"** refer to our company, bot.media, s.r.o.
  • "Representatives"** means Bot.media’s personnel, advisors, affiliates, agents, and suppliers.
  • "Party" or "Parties"** refer to both you and bot.media, or either individually.

Any use of the above terminology or other words in singular, plural, capitalization, and/or gender forms is considered interchangeable and, therefore, as referring to the same.

These Terms, along with any incorporated policies, constitute the entire agreement between you and bot.media regarding access to or use of the Services, and, except for Service-specific terms or applicable Enterprise agreements, supersede any prior agreements, communications, or understandings on that subject.

No agency, partnership, joint venture, or other relationship is created by your access to or use of the Services.

You may not assign or delegate any rights or obligations under these Terms; any attempt to do so will be null and void. bot.media may assign these Terms in connection with a merger, acquisition, sale of assets, or to any affiliate as part of a company reorganization.

1. Privacy Statement

We are committed to protecting your privacy. Our Privacy Policy details how we collect, use, and disclose the personal information you provide when accessing and using the Services. For more information, please review our Privacy Policy [here].

If you accept these Terms on behalf of an entity, you agree that our Data Processing Addendum governs the processing of any personal data contained in content you submit to the Services. You acknowledge that bot.media may process personal data related to the operation, support, or use of our Services for legitimate business purposes, including billing, account management, data analysis, benchmarking, technical support, product development, AI model research and development, system improvement, and legal compliance.

2. License to Use the Services

We grant you a non-exclusive right to access and use the Services as defined in these Terms. bot.media retains all ownership and intellectual property rights to the Services, with no transfer of title implied. If applicable, you may allow employees, affiliates, and contractors to use the Services on your behalf; however, third-party access is prohibited. You are responsible for ensuring compliance with these Terms for all activities under your account, regardless of authorization. Maintain account security and notify us immediately if unauthorized access occurs. You are liable for all actions under your account.

3. Prohibited Actions

You agree not to:

  1. Copying and Distribution - Download, modify, distribute, or create derivative works from bot.media’s proprietary technology, except for cached files for display, as expressly permitted, and as it applies to Your Content.
  2. Posting Objectionable Content - Submit or store content that is inaccurate, unlawful, defamatory, obscene, invasive of privacy rights, harassing, or otherwise objectionable.
  3. Misuse and Harmful Activities - Use the Services for bullying, disruptive, or objectionable purposes, or in any manner violating our policies, including political campaigning or lobbying, fraudulent activities, or promoting harmful behavior.
  4. Unauthorized Access and Duplication - Frame, replicate, or create an interface to access the Services, unless authorized.
  5. Reverse Engineering - Duplicate, decompile, or reverse engineer any part of the Services.
  6. Intellectual Property Infringement - Use any trademarks, logos, images, or other proprietary notations displayed in the Services, unless referring to Your Content.
  7. Unauthorized Software and Automation - Use cheats, bots, or any unauthorized software to modify or interact with the Services.
  8. Service Disruption - Access or use the Services in a way that could disrupt, overburden, or impair functionality, or interfere with other users.
  9. Unauthorized System Access - Attempt unauthorized access to or disrupt accounts, networks, or systems associated with the Services.
  10. Circumventing Protections - Bypass, deactivate, or alter any content protections or technological measures within the Services.
  11. Data Scraping and Automated Extraction - Use automated processes or manual means to scrape or extract information from the Services.
  12. Malicious Software Introduction - Introduce viruses, malware, or other harmful materials into our systems.
  13. Competitive Use and Benchmarking - Use any part of the Services to build competing products or for benchmarking purposes.
  14. Legal Compliance - Violate any applicable laws or regulations in connection with your use of the Services.
  15. Misrepresentation of User Output - Mislead others by implying that User Output is human-generated. When distributing User Output, if required by law, disclose that it was created using artificial intelligence technologies.

4. License to Your Content

When using the Services, you may input, post, upload, and submit information (“User Input”), and direct the Services to generate new content based on this input (“User Output”). bot.media reserves the right to remove or restrict certain User Inputs or Outputs at its discretion, particularly if they violate these Terms. bot.media does not claim ownership of your User Input or User Output, nor does it limit your use of User Output for personal or commercial purposes (except as specified upon termination). Any rights bot.media may acquire in User Output are hereby assigned to you, granting you all rights, title, and interest in such Output. Collectively, your User Input, User Output, and any other materials you submit through the Services are referred to as “Your Content.” You are solely responsible for ensuring that Your Content complies with all laws, third-party rights, and these Terms.

bot.media does not own Your Content. By using the Services and uploading or generating Your Content, you grant bot.media a royalty-free, worldwide, transferable, sublicensable, and irrevocable license to access, use, host, cache, store, reproduce, display, distribute, and modify Your Content as needed to operate, improve, and promote the Services, as well as to develop new services and products. This license remains effective even after these Terms are terminated.

To the extent permitted by law, bot.media reserves the right to screen, edit, or remove Your Content at its discretion and without notice. By submitting Your Content through the Services, you confirm that you have obtained all necessary rights, permissions, and authority to grant bot.media the license described above. Your Content must not contain copyrighted or proprietary materials unless you have obtained the necessary permissions or have the legal authority to submit and license the material as described.

5. Term and Termination

These Terms take effect upon your initial access to the Services and remain in effect until terminated. You may terminate these Terms at any time by ceasing use of the Services and deleting your account through your account settings. bot.media may suspend or terminate your access to the Services immediately and without notice for any reason, including any actual or suspected violation of these Terms, as determined in bot.media’s sole discretion.

bot.media also reserves the right to terminate accounts that have been inactive for a period of 12 months from the last login. In such cases, bot.media will provide prior notice to the user before terminating the account.

Upon termination, bot.media may delete Your Content at its discretion, although it is not obligated to do so and assumes no responsibility for failure to delete or for the deletion itself. If termination is due to a violation of these Terms or related policies (e.g., bot.media’s Acceptable Use Policy), you must cease using and delete any Outputs and other materials derived from the Services, whether stored electronically or in print.

6. Payment Terms

Our Services are available through a one-time, upfront payment. By purchasing access, you confirm that you are over 18 years old (or of legal majority where you reside, if different) and that your use of the purchased content is limited to a personal or commercial, non-transferable, non-sublicensable, and revocable basis.

bot.media processes payments through Stripe for security and privacy reasons, and we do not have access to view, modify, or manage financial transactions directly. You represent and warrant that you are authorized to use any payment method submitted. We may receive updated payment information from your issuing bank or payment processor, and you authorize us to use this updated information to process charges related to your account. Verification of information may be required before any transaction is acknowledged or completed.

Non-Refundable Policy

All payments for our Services are non-refundable under any circumstances, whether the content is fully or partially unused. Notwithstanding any other provision herein and subject to mandatory legislation, you acknowledge that bot.media is not obligated to provide refunds for any reason and that you will not receive compensation for any unused purchased content, whether the loss was voluntary or involuntary.

Charges and Default

You agree to pay all charges incurred by you or on your behalf through the Services, including applicable taxes and shipping and handling fees. In the event bot.media is unable to charge your selected payment method(s), we may suspend access to the Services until payment is received. Alternatively, we may, at our discretion, attempt to update your payment method information via third-party sources (e.g., your bank or payment processor) to process the payment. If legal action is necessary to collect outstanding balances, you agree to reimburse bot.media and its agents for all related expenses, including attorneys’ fees and legal costs.

7. Exclusions and Limitations

The Services are provided “as is.” To the maximum extent permitted by law, bot.media and its representatives make no warranties, express, implied, statutory, or otherwise, regarding the Services, and hereby disclaim all warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment. We do not warrant that the Services will be uninterrupted, accurate, error-free, or that any content will remain secure or unchanged.

bot.media and its representatives will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for lost profits, goodwill, data, or other intangible losses, even if advised of the possibility of such damages. Our total liability under these Terms will not exceed the greater of the amount you paid for the Services that gave rise to the claim in the 12 months preceding the event or one hundred dollars ($100). These limitations apply to the fullest extent permitted by applicable law.

bot.media assumes no responsibility for content created, uploaded, posted, or transmitted by you, other users, or third parties through the Services. You acknowledge that you may be exposed to content that is offensive, illegal, misleading, or otherwise inappropriate, for which bot.media assumes no liability.

8. Revisions and Errors

The Services may contain technical, typographical, or photographic errors. bot.media makes no warranty that the Services are accurate, complete, or current. We may make changes to the Services at any time without notice, though we are under no obligation to update them.

9. Redistribution and Republication

Unless expressly permitted in these Terms or with bot.media’s written consent, redistribution or republication of any part of the Services is prohibited.

10. Third-Party Material in the Services

We do not monitor or review third-party content on websites or services linked to or accessible from the Services. Opinions or materials on such external sites do not necessarily reflect our views and should not be considered endorsed by bot.media. You acknowledge that bot.media is not responsible for assessing the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party websites or services. We make no warranties regarding third-party materials and assume no liability for third-party products, services, or content. These links are provided solely for your convenience.

Please note that we are not responsible for the privacy practices or content of these external sites or services. We encourage you to review the privacy policies of any sites you visit outside of our Services and to evaluate their security and trustworthiness. bot.media is not liable for any loss or damage arising from your interactions with third-party sites or services.

11. Our Intellectual Property

The Services contain intellectual property owned by bot.media and its technological partners and representatives, including trademarks, copyrights, proprietary information, and other intellectual property, as well as the bot.media’s Services name, logo, designs, text, graphics, and the overall "look and feel." All elements of the Services are protected by intellectual property laws, including international copyright and trademark laws. You may not modify, publish, transmit, sell, create derivative works from, distribute, display, reproduce, or exploit any part of the Services or associated intellectual property in any format without prior written consent.

We reserve the right to immediately remove or restrict your access to the Services without notice or refund if you violate these terms.

12. Copyright Complaints

If you believe your intellectual property rights have been infringed by content on the Services, please send a notice to copyright@bot.media. We may remove allegedly infringing content and may terminate the accounts of repeat infringers.

To submit a copyright infringement claim, please include the following information in your written notice:

  • A physical or electronic signature of the copyright owner or their authorized agent.
  • Identification of the copyrighted work claimed to be infringed, or a representative list of such works if multiple works are involved.
  • Identification of the infringing material or activity, along with information reasonably sufficient to allow us to locate it.
  • The copyright owner or authorized agent’s address, telephone number, and email address.
  • A statement affirming a good faith belief that the disputed use of the material is unauthorized by the copyright owner, their agent, or the law.
  • A statement, under penalty of perjury, that the information in the notice is accurate and that the person submitting the notice is authorized to act on behalf of the copyright owner.

13. Force Majeure

bot.media will not be liable for any failure to fulfill its obligations under these Terms due to events beyond its reasonable control. Such events include, but are not limited to, acts of God, terrorism, war, political insurgency, insurrection, riots, civil unrest, actions of civil or military authority, uprisings, earthquakes, floods, or other natural or man-made events outside of bot.media's control that prevent the performance of contractual obligations and could not have been reasonably anticipated.

14. Waiver

The failure of either party to enforce any provision of these Terms or any related agreement, or to exercise any right or remedy provided herein, shall not be deemed a waiver of that provision or right, nor shall it reduce the obligations under these Terms or any related agreement. A waiver of any provision or right shall only be effective if expressly made in writing and signed by duly authorized representatives of bot.media.

15. Indemnification

You agree to indemnify and hold bot.media and its representatives harmless from any and all losses, damages, liabilities, costs, expenses, and third-party claims, including reasonable attorneys' fees, arising from (i) any breach of these Terms by you, (ii) any violation of applicable law, or (iii) any use of the Services or Outputs by you. Upon request, you will provide reasonable assistance in our defense of such claims, including supplying relevant information, documents, and records. You may not settle any third-party claim or waive any defense without our prior written consent.

16. Notification of Changes

We will provide at least 30 days' advance notice of any changes to these Terms that may materially and adversely impact you, either by email or through an in-product notification. All other changes will take effect immediately upon posting on our website. If you do not agree to the revised Terms, you must discontinue use of the Services.