These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", "User", "Customer") and Botalio ("Botalio", "we", "us", "our", "Company"), governing your access to and use of the Botalio platform, website at botalio.com, and all related services (collectively, the "Service").
By accessing, registering for, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Cookie Policy, which are incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" shall refer to such entity.
Botalio is currently being incorporated as a Limited Liability Partnership (LLP) under the laws of India. Until incorporation is complete, the Service is operated by its founding partners. Upon incorporation, all rights, obligations, and liabilities under these Terms shall automatically transfer to and be assumed by the incorporated entity without further action required.
Our registered office address will be updated upon incorporation. For all correspondence, please contact us at hello@botalio.com.
To use the Service, you must: (a) be at least eighteen (18) years of age; (b) have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872; (c) not be barred from using the Service under applicable laws; (d) use the Service only for lawful business purposes; and (e) provide accurate, current, and complete information during registration and maintain such information. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) notify us immediately of any unauthorized access or use of your account; (b) ensure that you log out of your account at the end of each session on shared devices; (c) not share, transfer, or sell your account credentials to any third party; and (d) accept full responsibility for all activities conducted through your account. We shall not be liable for any loss or damage arising from your failure to comply with these security obligations.
The Service is offered under multiple subscription tiers, including Free, Starter, Growth, and Agency plans, with features and pricing as displayed on botalio.com at the time of purchase. We reserve the right to modify pricing, features, or plan structure at any time with reasonable notice to existing subscribers.
Paid subscriptions are processed through Razorpay or other payment processors we may engage. Subscriptions are billed in advance on a monthly or annual basis and will automatically renew unless cancelled at least twenty-four (24) hours prior to the renewal date. All fees are exclusive of applicable taxes including GST, which will be added at the prevailing rate where applicable.
All fees paid are non-refundable, except where required by applicable law. We do not provide refunds or credits for partial subscription periods, downgrades, unused conversations, or feature non-use. Cancellation will stop future billing but does not entitle you to a refund of fees already paid.
We may change subscription fees at any time. Changes will take effect at the start of your next billing cycle following at least fifteen (15) days notice. Continued use of the Service after such notice constitutes acceptance of the new pricing.
Free tier accounts are provided at our discretion and may be modified, limited, suspended, or terminated at any time without notice or liability. Free tier features, conversation limits, and availability are not guaranteed and may change without notice.
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during the subscription term.
You agree not to: use the Service for any unlawful purpose; reverse engineer or decompile any portion of the Service; copy, modify, or create derivative works; use the Service to develop a competing product; send spam or unsolicited messages; upload malicious code; attempt unauthorized access to our systems; resell or sublicense the Service without written consent; use the Service to process data of children under eighteen (18) years without verifiable parental consent; exceed usage limits or circumvent rate limiting; or remove any proprietary notices. Violation may result in immediate termination without refund and may subject you to civil and criminal liability.
You retain all ownership rights in content you upload or generate through the Service ("Your Content"). By using the Service, you grant Botalio a worldwide, non-exclusive, royalty-free license to host, store, transmit, and process Your Content solely to provide, maintain, and improve the Service. You represent that you own or have all necessary rights to Your Content, that it does not violate any applicable law or third-party rights, and that you have obtained all required consents from end users whose data is processed through the Service.
You shall indemnify and hold Botalio harmless from any claims arising from Your Content. Upon termination, Your Content may be deleted after thirty (30) days. We are not liable for any loss of Your Content following account termination.
The Service uses third-party large language models including Google Gemini to generate responses. AI-generated content may be inaccurate, incomplete, or unsuitable for your use case. You acknowledge that AI output is provided "as-is" and shall not be relied upon as professional advice of any kind. You are solely responsible for reviewing and validating AI output before relying on it or providing it to end users. We expressly disclaim all liability for AI output.
The Service integrates with third-party services including Google (Gemini), Razorpay, Supabase, Vercel, Resend, and WhatsApp Business API. Your use of such services is governed by their respective terms. We are not responsible for the availability, performance, or content of any third-party services and disclaim all liability arising from your use thereof.
The Service, including all software, designs, text, graphics, logos, and trademarks (excluding Your Content), is owned by Botalio or its licensors and is protected by Indian and international intellectual property laws. All rights not expressly granted are reserved. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY SPECIFIC BUSINESS OUTCOMES WILL RESULT FROM YOUR USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOTALIO, ITS PARTNERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT YOU ACTUALLY PAID TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) INR 10,000 (TEN THOUSAND INDIAN RUPEES).
You agree to defend, indemnify, and hold harmless Botalio, its partners, directors, employees, and agents from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys fees) arising from: your use of the Service; your violation of these Terms; your violation of any third-party right; Your Content; AI output generated through your use; your interactions with end users; or your violation of applicable laws including the Digital Personal Data Protection Act, 2023.
These Terms shall be governed by the laws of India. Subject to the arbitration clause below, the courts at Gurgaon, Haryana shall have exclusive jurisdiction over disputes. Any dispute arising from these Terms shall be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996, conducted by a sole arbitrator, with the seat and venue at Gurgaon, Haryana, in English. You agree that disputes shall be resolved on an individual basis and not as part of any class action.
We may modify these Terms at any time. Material changes will be communicated via email or in-Service notice at least fifteen (15) days before taking effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.
For questions about these Terms, contact us at hello@botalio.com. Botalio is currently being incorporated. Our registered office address will be updated here upon incorporation.