Effective Date: December 01, 2016
Welcome to botmakers.net!
These Terms apply to all visitors, users, customers, developers and others who access the Service. If you create a BotMakers account on behalf of an organization or other entity, then “you” includes you and that entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
PLEASE READ THIS AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY, BECAUSE IT EXPLAINS AND CONTROLS YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE.
BotMakers provides an Online Platform that helps connect customers that order (purchase) custom chatbot development (“Customers”) and development agencies who provide such development service (“Developers”). Chatbot development is provided based on the predefined templates (“Templates”), which “Customer” can select from available on botmakers.net or provided by BotMakers team.
BotMakers Platform is available only to legal entities and persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Only registered users may order and provide service on BotMakers. Registration is free.
If you're agreeing to these terms on behalf of someone else (like your employer or company), then you're promising to us that you have full legal authority to bind that third party. Users may not offer or accept payments using any method other than placing an order through botmakers.net.
We encourage our “Customers” and “Developers” to try and settle conflicts amongst themselves. If for any reason this fails, users can contact to BotMakers for assistance by email alex(at)botmakers.net. BotMakers retains the right to use all published delivered works for BotMakers marketing and promotion purposes.
1.1. “Developers” and “Customers”
“Developers” create an account on BotMakers and use “Templates” to allow “Customers” to order services they offer.
“Customers” create an account on BotMakers and select suitable chatbot “Template” to be able to order bot’s development.
“Customers” may not offer direct payments to “Developers” using payment systems outside of the BotMakers. In case “Customers” or “Developers” have been asked to use an alternative payment method, please report it immediately to Customer Support. BotMakers is not legally responsible for any negative outcome of the relationship between “Customers” and “Developers”.
“Template” is a document, which describes chatbot’s development solution, provided by “Developers”. This document includes estimates, prices and predefined set of chatbot’s features. All “Templates” are of acceptable quality and fit for the purpose for which they are listed.
“Templates” are created by BotMakers team or by “Developers” and matches the information about the chatbot, provided by authors (“Developers”). Information on Templates, which created by BotMakers team, is reviewed and approved by authors (“Developers”). BotMakers is not responsible for and does not monitor or censor content for accuracy or reliability. However, BotMakers reserves the right to remove or restrict access to any information or content posted or made available on the BotMakers Platform if ordered to do so by a government authority or if BotMakers considers such information or content to be in violation of these Terms of Service, or to be unlawful, immoral or harmful.
“Templates” may be removed by BotMakers for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials: Illegal or Fraudulent services;
- Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service;
- Adult oriented services, Pornographic, Inappropriate/Obscene;
- Intentional copies of “Templates”;
- Spam, Nonsense, or Violent “Templates”;
- “Templates” misleading to “Customers”;
- “Templates” that are removed for violations are not eligible to be restored or edited.
1.3. “Template Extras”“Template Extras” are additional services offered on the bottom of the chatbot’s template for an additional price, specified in order. Services offered through “Template Extras” are part of the deliverables on the order and related to the base service.
1.4. Order and Payments
“Customers” promise to BotMakers and “Developers” that they have carefully considered the suitability of the order.
“Customer” ordered the custom chatbot, can use it for own purposes, but “Developers” retain ownership of the code, idea and concept of the chatbot.
“Customers” pay to “Developers” using BotMakers for the chatbot order from “Templates” using the Order form.
Processing fees are added at the time of purchase where a “Customers” can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. Funds returned to your balance from cancelled orders will not include processing fees paid. BotMakers uses a third-party payment processor (the “Payment Processor”) to link credit card accounts to the BotMakers Platform. BotMakers is not responsible for any errors by the Payment Processor.
“Customers” and “Developers” are responsible for all costs of currency conversion relating to theirs BotMakers accounts. Financial institution does the currency conversion and may charge additional fees (BotMakers doesn’t control either the conversion rates or financial institution’s fees).
This means that “Customers” and “Developers” may incur additional costs when purchasing through BotMakers, which we have no control over.
1.5 RefundsBotMakers and “Developers” will assess refund requests on their merits, considering the digital nature of BotMakers Platform orders and the type of order preview that was available before purchase. There is generally no obligation to provide a refund in situations like the following:
- “Customer” have changed his/her mind about chatbot order;
- “Customer” does not have sufficient expertise to use the chatbot;
1.6. Service FeesBotMakers is free to use for “Customers”. BotMakers charges “Developers” a fee for the use of the BotMakers Platform and the services it provides. This fee is equal to 10-15% total earnings of each Project.
2. Intellectual Property
2.1 BotMakers own all the BotMakers content such as “Templates” that we have put on BotMakers Platform (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the BotMakers site, and copyright, trademarks, designs and other intellectual property on BotMakers. We own all the trademarks, logos, service marks and trade names on BotMakers (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our BotMakers content or use any of our intellectual property in any way not expressly stated in these terms.
2.2. BotMakers doesn’t own chatbots, source code, data or materials provided on/via the BotMakers Platform; our “Developers” do. So BotMakers cannot take responsibility for the quality, safety or legality of listed items. BotMakers does not promise that the “Templates” or any member content, code, data or materials available and provided on/via the BotMakers Market do not infringe the intellectual property rights of a third party.
2.3. Copyright, trademark and intellectual property claims: BotMakers respects the intellectual property rights of others and we require that “Developers” do the same.
3. SecurityBotMakers cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your Content and personal information at your own risk.
4. Limitation of Liability
We provide BotMakers site, not the chatbot development on BotMakers Platform.
If you are a “Customer”, you agree that BotMakers is not responsible for, and you release us from liability arising out of or in connection with: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.
We strive to have BotMakers Platform available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access BotMakers, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how BotMakers Platform works. The BotMakers will not be liable to you for any loss you suffer as a result of these things.
In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this Agreement or your use of, or inability to use, the Site or Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Site and Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this Agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty US Dollars ($50) or (b) amounts you have paid BotMakers in the prior 12 months (if any).