These Terms of Service ("Terms") form a binding agreement between you and Botalio, and govern your access to and use of the website at botalio.com and the Botalio chatbot service (together, the "Service").
By creating an account, requesting access, or using the Service in any way, you confirm that you have read and accepted these Terms, the Privacy Policy and the Cookie Policy, which form part of this agreement. If you do not accept them, do not use the Service.
If you accept these Terms on behalf of a business, you confirm you are authorised to bind that business, and "you" and "your" mean that business.
The Service is operated under the trading name "Botalio" as a sole proprietary concern carrying on business in India ("Botalio", "we", "us", "our", "the Operator").
Botalio is a trading name. It is not a company, a limited liability partnership, or any other incorporated body, and no such entity exists.
Contact for all purposes under these Terms: hello@botalio.com.
3.1 The Service is provided entirely free of charge as an early access preview. No fee, subscription, licence charge, commission or other payment in money is payable by you at any time, none will be requested, and no payment facility exists on botalio.com.
3.2 The mutual promises in these Terms, including the licence granted to you in Section 8 and the licence granted to us in Section 13, are the consideration for this agreement. Both parties intend these Terms to be legally binding and fully enforceable notwithstanding that no money changes hands, and neither party will contend otherwise.
3.3 You are not a purchaser, buyer, or consumer of goods or services supplied for consideration. Nothing in these Terms creates an employment, agency, partnership, joint venture, franchise, distributorship or fiduciary relationship between you and us.
3.4 You acknowledge that we receive no payment, no revenue share, no commission, and no commercial benefit from your use of the Service, that we assume no commercial risk in relation to your business, and that the allocation of risk in Sections 18 to 21 reflects that fact and is a fundamental basis on which the Service is offered to you at all.
3.5 The Service is offered to businesses located in India, for use in India, for their own internal business purposes. It is not offered to individuals for personal or household use, and it is not offered outside India. If you access it from outside India you do so at your own initiative and are solely responsible for compliance with your local law.
4.1 To use the Service you must: (a) be at least eighteen (18) years old; (b) have full capacity to contract under the Indian Contract Act, 1872; (c) be operating a lawful business in India; (d) not be barred from receiving the Service under any applicable law, sanction or order; and (e) provide accurate registration information and keep it current.
4.2 Access is granted by application and at our discretion. We may refuse, restrict, suspend, revoke or terminate access for any person, at any time, without giving reasons, without notice and without liability of any kind.
4.3 You will not create more than one account, create an account on behalf of another business without authority, or regain access after termination without our written consent.
You are responsible for your account credentials and for every act and omission carried out through your account, whether or not you authorised it. You will notify us immediately at hello@botalio.com of any suspected unauthorised access. We are not liable for any loss arising from your failure to keep your credentials secure, and any such loss is your sole responsibility.
6.1 The Service is provided gratuitously and on a best effort basis only.
6.2 There is no service level, no uptime commitment, no support commitment, no response time commitment, no backup commitment, no data recovery commitment and no guarantee of continued availability of the Service or of any individual feature.
6.3 We may change, restrict, degrade, throttle, suspend or permanently discontinue the Service, or any part of it, in whole or for any individual user, at any time, for any reason or no reason, without notice and without liability of any kind. This includes shutting the Service down permanently and deleting all data held in it.
6.4 If we decide to discontinue the Service permanently and it is reasonably practicable to do so, we will try to send notice to the email address on your account and to keep export functionality available for a period beforehand. This is a statement of present intention only. It creates no obligation, is not a representation, and no claim arises if we do not or cannot do it.
6.5 You must not build any business process, customer commitment, contractual obligation, marketing promise or representation to any third party on the assumption that the Service will continue to be available, will function correctly, or will retain your data. You are solely responsible for maintaining your own independent copies of anything you need. Any loss arising from your failure to do so is yours alone.
6.6 Usage limits apply and may be changed, reduced or removed at any time without notice. We may throttle, queue, pause, degrade or block requests at our discretion, including in order to control our own operating costs.
7.1 In relation to content uploaded, configured or generated by you and to data collected by your chatbot, we act as an intermediary within the meaning of Section 2(1)(w) of the Information Technology Act, 2000.
7.2 We do not initiate the transmission of your content, do not select the receiver of it, and do not select or modify the information contained in it. We do not pre-screen, review, approve, verify or endorse any knowledge base content, prompt, configuration or chatbot output.
7.3 We observe due diligence in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including by publishing these Terms and the Privacy Policy, informing users of the prohibited content in Section 9, operating the grievance mechanism in Section 24, and acting on actual knowledge of unlawful content or on a lawful order.
7.4 On receiving actual knowledge, a court order or a notification from an appropriate government agency that any content or chatbot is being used to commit an unlawful act, we will remove or disable access to it as required by law, without notice to you and without liability to you.
7.5 We reserve the right, but accept no obligation, to inspect, monitor, filter, suspend or remove any chatbot, knowledge base or output at any time.
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own internal business purposes in India for so long as we choose to make it available. We reserve all other rights. No right is granted by implication, estoppel or otherwise.
You will not, and will not permit or enable anyone else to:
Breach of this Section entitles us to suspend or terminate your access immediately and without notice, and does not limit any other remedy.
10.1 The Service produces automated text using a general purpose language model. It is not a professional adviser, is not a regulated product, and is not fit for regulated advice of any kind.
10.2 You will not configure, prompt, train or deploy a chatbot in a way that causes it to provide, or that a reasonable end user would understand to be:
10.3 Businesses in regulated sectors, including clinics, hospitals, diagnostic centres, pharmacies, chartered accountancy practices, law firms, financial advisers, insurance intermediaries and educational institutions, may use the Service only for logistical and already published information, such as opening hours, location, directions, the list of services offered, fee schedules you have already published, and how to contact you or request an appointment.
10.4 You warrant that your use of the Service complies with every rule governing solicitation, advertising and professional conduct applicable to your profession or sector. This includes, as applicable to you, the Bar Council of India Rules restricting advertising and solicitation by advocates, the Institute of Chartered Accountants of India's restrictions on solicitation, the National Medical Commission's regulations on advertising by registered medical practitioners, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and the Clinical Establishments (Registration and Regulation) Act, 2010 and the corresponding State enactments. Determining and complying with those rules is your responsibility alone. We give no advice or assurance on the point and accept no responsibility for it.
10.5 You are solely responsible for the content of your knowledge base, prompts and configuration, and for every output your chatbot produces to any end user. We may, but are not obliged to, apply automated filters to block certain categories of question. Those filters are not a safety measure, carry no guarantee, may fail or be bypassed, and their existence transfers no responsibility of any kind to us.
11.1 You will not deploy a chatbot on any website, page or property that is directed at children or that you know or ought reasonably to know is used predominantly by persons under eighteen (18) years of age.
11.2 You will not configure your chatbot to request, and will not knowingly collect through the Service, the personal data of any person under eighteen (18) years of age.
11.3 If your business serves minors, including a coaching institute, school, tuition centre or paediatric practice, you must configure your chatbot to request contact details only from a parent or lawful guardian. You are solely responsible for obtaining verifiable parental consent as required by Section 9 of the DPDP Act before any personal data of a child is processed, and for demonstrating that consent if challenged.
11.4 You will not use the Service to track the behaviour of, or to direct advertising at, any person under eighteen (18) years of age.
11.5 If you become aware that data of a person under eighteen has been collected through your chatbot without verifiable parental consent, you will delete it immediately and notify us at hello@botalio.com.
11.6 Any liability, penalty or claim arising from processing of a child's personal data through your chatbot is yours alone and is covered by your indemnity in Section 20.
Compliance with this Section is a condition of your continued right to use the Service. You will, at your own cost:
13.1 You retain ownership of everything you upload or configure, including knowledge base documents, prompts, branding and business information, and of the conversation and enquiry data your chatbot generates ("Your Content").
13.2 You grant us a non-exclusive, royalty-free, worldwide licence to host, store, copy, transmit, process and display Your Content, and to disclose it to the sub-processors identified in the Privacy Policy, solely to operate the Service for you and to keep it secure. This licence ends when the relevant content is deleted, subject to backup cycles and any legal retention requirement.
13.3 We do not use Your Content to train any model of our own and we do not sell Your Content. Our AI provider processes Your Content under its own terms, identified in the Privacy Policy.
13.4 You warrant that you own or are validly licensed to use Your Content, that it does not infringe or misappropriate any third party right, that it is accurate and not misleading, that it is not unlawful, and that you have obtained every notice, consent, permission and authorisation required under the DPDP Act and any other applicable law before providing it to us or causing it to be processed.
13.5 We may remove or disable any content at any time without notice if we reasonably believe it breaches these Terms or any law, or if we are directed to do so by a court or government authority.
14.1 For personal data about you as an account holder, we are the Data Fiduciary under the DPDP Act.
14.2 For personal data of your end users processed through your chatbot, including names, phone numbers, email addresses and conversation transcripts, you are the Data Fiduciary and we act solely as a Data Processor on your behalf. You alone determine the purpose and means of that processing. We process it only on your documented instructions, which are these Terms together with your configuration and use of the Service's features.
14.3 The Data Processing Terms in Annexure A apply to all such processing and satisfy the requirement under Section 8(2) of the DPDP Act for a valid contract between a Data Fiduciary and its Data Processor.
14.4 As Data Fiduciary you are responsible for the notice required by Section 5 of the DPDP Act, for consent, for honouring data principal rights, for breach notification to the Data Protection Board of India and to affected data principals, and for appointing your own contact point. We will give you reasonable assistance within the functionality the Service provides, and nothing in that assistance transfers any Data Fiduciary obligation to us.
15.1 Responses are generated by third party large language models. They may be wrong, incomplete, outdated, misleading, offensive or entirely fabricated, including where your knowledge base is accurate. This is an inherent characteristic of the technology and not a defect.
15.2 AI output is provided strictly as is, is not advice of any kind, and must not be relied on by you or by any end user as a statement of fact, a quotation, a price, an offer, a representation, a warranty or a commitment by you or by us.
15.3 You are solely responsible for everything your chatbot says to your end users. Every statement made by your chatbot is attributable to you and not to us, is made by you and on your behalf, and forms part of Your Content. You are responsible for reviewing your knowledge base and configuration, for monitoring outputs, and for correcting anything that is wrong.
15.4 We disclaim all liability for AI output, for its accuracy, for reliance on it by you or by any third party, and for any loss, claim, complaint, regulatory action, penalty or harm of any kind arising from it.
The Service depends on third parties including our AI provider, database, hosting and email providers. Their availability, performance, terms, pricing, data handling and continued existence are outside our control. We are not responsible for them, we make no representation about them, and we disclaim all liability arising from them, including from any change, outage, restriction, price increase, policy change or termination on their side that affects the Service or your data.
The Service and everything in it other than Your Content, including its software, source code, design, text, graphics, layout, logos and the mark "Botalio", belongs to us or our licensors and is protected by Indian and international law. All rights not expressly granted are reserved. If you send us feedback, suggestions or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use them for any purpose without any obligation, attribution or payment to you.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", FREE OF CHARGE, WITH ALL FAULTS, AND WITHOUT WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT AND NON INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR FREE OF ERROR, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR CORRUPTED, THAT ANY CHATBOT RESPONSE WILL BE CORRECT, OR THAT ANY BUSINESS RESULT, ENQUIRY VOLUME, LEAD VOLUME, RESPONSE TIME, CONVERSION RATE, ADMISSION, APPOINTMENT, SALE OR REVENUE WILL FOLLOW FROM USING IT.
ANY FIGURE, STATISTIC, SCREENSHOT, SAMPLE CONVERSATION, TIMING OR ILLUSTRATION SHOWN ON botalio.com OR IN ANY BOTALIO MATERIAL IS ILLUSTRATIVE ONLY, IS NOT A REPRESENTATION, WARRANTY OR PROMISE OF ANY RESULT, AND IS NOT RELIED UPON BY YOU.
19.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, ENQUIRIES, LEADS, CUSTOMERS, PATIENTS, ADMISSIONS, CONTRACTS, ANTICIPATED SAVINGS, OPPORTUNITY, GOODWILL, REPUTATION OR DATA, HOWEVER ARISING, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, RESTITUTION OR OTHERWISE, AND EVEN IF WE WERE ADVISED THAT SUCH LOSS WAS POSSIBLE.
19.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR CONNECTED WITH THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED INR 1,000 (ONE THOUSAND INDIAN RUPEES) IN AGGREGATE ACROSS ALL CLAIMS AND ALL PERIODS.
19.3 You acknowledge that the Service is supplied free of charge, that we derive no revenue from it, that the limits in this Section reflect that fact, that you would not have been offered the Service at all on any other basis, and that this allocation of risk is fair and reasonable in those circumstances. You will not contend that this Section is unreasonable or unenforceable.
19.4 The limits in this Section apply to us, and to any person acting on our behalf.
19.5 The limits in this Section do not apply to your obligations, and in particular do not limit your liability under Section 20.
19.6 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under Indian law, including liability for fraud or fraudulent misrepresentation.
20.1 You will indemnify, defend and hold us harmless, on demand and without limit, against all claims, demands, actions, proceedings, investigations, penalties, fines, orders, losses, damages, liabilities, costs and expenses, including reasonable legal fees and the cost of responding to a regulator, arising out of or connected with:
20.2 We may, at our option and at your cost, assume the conduct and control of the defence and settlement of any claim covered by this Section. You will not settle any such claim in a way that imposes any obligation, admission, payment or restriction on us without our prior written consent.
20.3 This indemnity is not subject to the limits in Section 19 and survives termination.
21.1 You have satisfied yourself that the Service is suitable for your purposes. You accept the risks inherent in deploying an automated system on your website, including that it may give a wrong answer to your customer, may be unavailable, and may lose data.
21.2 No person who is not a party to these Terms has any right to enforce any provision of them. In particular, your end users acquire no right, benefit, warranty or cause of action against us under these Terms, and we owe them no duty under this agreement.
21.3 You will not permit any third party to bring a claim against us in your name or on your behalf, and you will not assign any claim against us to a third party.
22.1 You may stop using the Service and delete your account at any time from the dashboard.
22.2 We may suspend or terminate your access immediately, without notice and without liability, if we believe you have breached these Terms, if your use creates legal, regulatory, security, reputational or cost risk for us, if required by law or by a competent authority, or for any other reason at our sole discretion.
22.3 On termination your licence ends immediately and your data may be deleted in accordance with the Privacy Policy.
22.4 Sections 3.4, 6.5, 7, 9(f), 9(l), 13.4, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25 and Annexure A survive termination.
23.1 These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
23.2 Before commencing any proceeding, the parties will attempt in good faith to resolve the dispute by discussion for a period of thirty (30) days from written notice of the dispute sent to hello@botalio.com.
23.3 If the dispute is not resolved in that period, the courts at Chennai, Tamil Nadu will have exclusive jurisdiction. You irrevocably submit to that jurisdiction and waive any objection to it on grounds of venue, forum non conveniens or otherwise.
23.4 Any claim must be brought on an individual basis. Claims may not be brought, joined or heard as a class, collective, consolidated or representative proceeding.
24.1 Complaints about the Service, about content available through it, or about our handling of personal data may be sent to the Grievance Officer at hello@botalio.com, marked "Grievance". This is the mechanism by which any user or any affected person may make a complaint.
24.2 We will acknowledge every complaint within twenty four (24) hours of receipt and will dispose of it within fifteen (15) days of receipt, in line with Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
24.3 A complaint about unlawful content should identify the content, the URL or chatbot concerned, the basis on which it is said to be unlawful, and your contact details.
24.4 A complaint about content that is prima facie in the nature of impersonation, or that exposes a person's private area or shows a person in a sexual act, will be acted on within twenty four (24) hours of a valid complaint.
24.5 If you are not satisfied with the outcome of a data protection complaint, you may approach the Data Protection Board of India.
25.1 Force majeure. We are not liable for any failure or delay caused by anything outside our reasonable control, including any outage, restriction, suspension, price change, policy change or termination by any third party provider, network or infrastructure failure, cyber attack, government or regulatory action, change in law, or event affecting the availability of any AI model.
25.2 Assignment. You may not assign, novate or transfer these Terms or any right under them. We may assign or novate them, in whole or in part, to any person or entity, including to any company or limited liability partnership later formed to operate the Service, and you consent in advance to that assignment.
25.3 Changes.We may amend these Terms at any time by posting an updated version with a new "Last Updated" date. Where the change is material we will make reasonable efforts to notify you by email or in the dashboard at least fifteen (15) days in advance. Continuing to use the Service after the effective date means you accept the change. If you do not accept it, stop using the Service. That is your sole remedy.
25.4 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if that is not possible, severed. The rest of these Terms continue in full force.
25.5 No waiver. No failure or delay in enforcing any provision is a waiver of it, and no single or partial exercise of a right prevents any further exercise.
25.6 Entire agreement and non-reliance. These Terms, the Privacy Policy and the Cookie Policy are the entire agreement between us about the Service and supersede all prior statements, whether on botalio.com, in marketing material, in a brochure, in email, on social media or in conversation. You confirm that you have not relied on any statement, representation, assurance or warranty that is not expressly set out in these Terms, and that your only remedies in respect of any such statement are for breach of these Terms. Nothing in this clause limits liability for fraud.
25.7 Language. These Terms are in English. Any translation is provided for convenience only and the English version prevails.
25.8 Headings. Headings are for convenience only and do not affect interpretation.
Botalio
hello@botalio.com
These terms apply where we process personal data of your end users on your behalf, and form part of the Terms of Service.
A1. Roles. You are the Data Fiduciary. We are the Data Processor. You are solely responsible for the lawfulness of the processing, including notice and consent under Sections 5 and 6 of the DPDP Act.
A2. Instructions. We will process end user personal data only to provide the Service to you, and only on your instructions, which are given by these Terms and by your configuration and use of the Service. We will also process data where required by Indian law or by a lawful order, and where legally permitted and practicable we will inform you if that happens.
A3. Categories. Personal data processed may include end user name, phone number, email address, message content, page URL, UTM parameters, IP address and timestamps. Data principals are your website visitors and enquirers.
A4. Prohibited data. You will not cause any special or sensitive category of data to be collected through the Service, including health, biometric, financial account or government identifier data. If such data reaches the Service, you will notify us immediately and we may delete it without further reference to you.
A5. Security. We will maintain reasonable security safeguards appropriate to the nature of the data and to the fact that the Service is provided free of charge, as described in the Privacy Policy, including encryption in transit, encryption at rest as provided by our hosting provider, row level access controls and restricted administrative access. We give no warranty of security and hold no security certification.
A6. Confidentiality. Persons with administrative access are bound to confidentiality in respect of end user personal data.
A7. Sub-processors. You authorise the sub-processors listed in the Privacy Policy. We will update that list before engaging a new sub-processor. If you object to a new sub-processor, your sole remedy is to stop using the Service and delete your account.
A8. Personal data breach. If we become aware of a personal data breach affecting your end user data, we will notify you without undue delay and in any case within seventy two (72) hours, with the information reasonably available to us at that time. You are responsible for notifying the Data Protection Board of India and affected data principals as required by Section 8(6) of the DPDP Act. We have no obligation to make any notification on your behalf.
A9. Assistance. We will give you reasonable assistance, within the existing functionality of the Service and at no cost to us, to respond to data principal requests for access, correction and erasure. Assistance beyond existing functionality is not available.
A10. Retention and deletion. We will retain end user personal data for the periods stated in the Privacy Policy and will delete it on expiry of those periods, on your deletion of the relevant record, or within thirty (30) days of termination of your account, whichever is earliest, subject to backup cycles and any legal retention obligation.
A11. Audit. We will provide, on reasonable written request and no more than once in any twelve (12) month period, a written description of the security measures then in place. Given that the Service is provided free of charge, no on-site audit, questionnaire response, penetration test or certification right is granted.
A12. Liability. Our liability under this Annexure is subject to Section 19 of the Terms of Service. Your indemnity in Section 20 applies in full to any claim, penalty or proceeding arising from your failure to discharge your obligations as Data Fiduciary.