BotCraft.io Terms of Service

Last Modified: October 6th, 2016

BotCraft.io, LLC. ("BotCraft", "we", "our", or "us") provides an online software platform that enables developers to build and deploy natural language interfaces for devices and software applications (the "BotCraft Platform").

These API Terms of Service (these "Terms") include the legal terms that we require all developers and other users to accept and implement as a condition of accessing our website located at http://botcraft.io (the "Website") and/or accessing or using the application programming interfaces provided on or in connection with the BotCraft Platform ("API(s)"), including any documentation, materials, code, data (such as Expressions, Intents, and Entities, each as defined below), and other information or materials made available to you by BotCraft on or in connection with the APIs (collectively, "BotCraft Content") to develop natural language interfaces for use in connection your products or devices ("Devices") and/or your software applications ("Application(s)").

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BotCraft reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below.

BY USING OR CONTINUING TO USE THE BOTCRAFT APIS OR BY CLICKING "Go down the rabbit hole" YOU AGREE TO USE THE BOTCRAFT APIS AND OTHER BOTCRAFT CONTENT SOLELY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THESE API TERMS OF SERVICE, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THESE TERMS. YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE BOTCRAFT APIS, OTHER BOTCRAFT CONTENT, OR BOTCRAFT PLATFORM ON BEHALF OF A COMPANY, PRINCIPAL OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND THAT THESE TERMS ARE FULLY BINDING UPON THEM. IN SUCH CASE, THE TERM "YOU" WILL REFER TO YOU AND SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE API TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE APIS OR OTHER BOTCRAFT CONTENT.

  1. Accounts and Registration
    1. Accounts

      i. You need to use a current BotCraft account or create a new BotCraft account in order to use the APIs and other BotCraft Content.

      ii. You may use the BotCraft Content and/or BotCraft Platform only if you can form a binding contract with BotCraft, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

      iii. Any use or access to the Website, APIs , or BotCraft Platform by anyone under 13 is strictly prohibited and in violation of these Terms.

      iv. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

      v. You are solely responsible for the activity that occurs on your account (including, without limitation, any Customer Data and Profile Content (each as defined below) provided under or through your account.

      vi. You may create a BotCraft account using your GitHub account credentials or via other registration methods we may provide from time to time, in our sole discretion. By connecting to the BotCraft Platform with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. It's your responsibility to keep your password, account credentials, and accounts secure. You must notify BotCraft immediately if any unauthorized use, or suspected unauthorized use, of your BotCraft account occurs or if any other breach of security occurs.

      vii. You may never use another user’s account without permission. Your login may only be used by one person. A single login shared by multiple individuals is not permitted.

      viii. You acknowledge that BotCraft is not liable for any loss or damage arising from your failure to comply with the above requirements.

    2. Registration

      i. You may be required to provide certain information (e.g., your contact details, description of your product or service, your targeted number of users, etc.) as part of the registration process to access the BotCraft Content, or as part of your continued use of the BotCraft Content.

      ii. You agree that any registration information you give to BotCraft will always be accurate and up to date, and you agree to promptly notify BotCraft of any changes in your account information.

  2. Use of BotCraft Content
    1. Right to Access and Use of BotCraft Content.

      Subject to the terms and conditions of these Terms, BotCraft grants you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the BotCraft Content and BotCraft Platform, solely to the extent necessary for you to create a natural language interface that operates solely in connection with your Devices and/or Applications.

    2. Permitted Access.

      You will access (or attempt to access) an API or other BotCraft Content only as expressly permitted by these Terms and the means described in the documentation or instructions BotCraft provides.

    3. API Calls.

      BotCraft may set limits on the number of API calls that you can make at its sole discretion, for example in the interest of service stability. If you exceed these limits, BotCraft may throttle your activity or cease offering you access to the APIs altogether in BotCraft’s sole discretion. You agree to such limitations and will not attempt to circumvent such limitations.

    4. Open Source Software.

      Some of the software required by or included in the BotCraft Content may be offered under an open source license. There may be provisions in the open source license that expressly override some of these Terms, and in those cases, the overriding provisions apply.

    5. Accuracy.

      We do not guarantee the accuracy of any BotCraft Content, including any output generated in connection with your use of the BotCraft Content or BotCraft Platform. You acknowledge and agree that you use and rely on the BotCraft Content and the BotCraft Platform at your own risk, and that BotCraft will not be liable for any errors or inaccuracies of any BotCraft Content or the BotCraft Platform.

    6. Monitoring.

      BotCraft may, but is under no obligation to, monitor the use of the BotCraft Content to ensure quality, improve BotCraft products and services, or verify your compliance with these Terms. You will not interfere with such monitoring.

    7. Compliance with Law.

      You will use our APIs and other BotCraft Content and the BotCraft Platform only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs or other BotCraft Content to encourage or promote illegal or dangerous activity. You also will require any end users of your Devices or Applications ("End Users") to comply with any applicable law and these Terms. You will not knowingly enable your End Users to violate applicable law or these Terms.

  3. Prohibitions

    When using any BotCraft Content and/or the BotCraft Platform, unless otherwise approved in writing by BotCraft, the following prohibitions apply:

    1. You will not use the APIs or other BotCraft Content on behalf of any third party, unless such third party has expressly authorized you to access and use the BotCraft Content under its account.
    2. You will not copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify or alter any part of the Website, APIs, other BotCraft Content, or the BotCraft Platform.
    3. You will not create an Application that functions substantially the same as the APIs or other BotCraft Content and offer it for use by third parties.
    4. You will not use the BotCraft Content or BotCraft Platform in connection with any Device or Application that is targeted to children under the age of thirteen (13).
    5. You will not perform an action with the intent of introducing to the Website, BotCraft Content , or BotCraft Platform or the applications or products of any third party, any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
    6. You will not use the BotCraft Content or BotCraft Platform, or access or control any customer accounts, products, devices, or applications in a manner that could cause harm, damage, or loss to any individual, or otherwise harm, defame, abuse, harass, stalk or threaten others or allow or encourage any third party to do so.
    7. You will not use the APIs, other BotCraft Content, or the BotCraft Platform in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in BotCraft's sole discretion) to BotCraft, its service providers, its suppliers, end users of the BotCraft Platform, End Users, or any individual or entity.
    8. You will not use the APIs, other BotCraft Content, or the BotCraft Platform in connection with any inherently dangerous objects, devices, materials, or situations, or in furtherance of any activities likely to cause harm to any individual or property.
    9. You will not: (i) interfere with or disrupt the Website, BotCraft Platform, the APIs, or the servers or networks providing the APIs; (ii) tamper with the security of the any of the hardware, software or networks used by BotCraft to make the Website, BotCraft Content, or BotCraft Platform available or tamper with any customer accounts; (iii) disable, circumvent or avoid any security device, mechanism, protocol or procedure established by BotCraft; or (iv) permit others to do any of the foregoing.
  4. Compliance

    BotCraft reserves the right to investigate any Device or Application for compliance with these Terms. Such investigations may include BotCraft accessing and using your Device or Application, for example to identify stability or security issues that could affect BotCraft or its customers. You consent to any such investigation. BotCraft may immediately suspend or terminate access to the Website, APIs, other BotCraft Content, and the BotCraft Platform by you or your Device or Application without notice if we believe, in our sole discretion, that you are in violation of these Terms or otherwise.

  5. Privacy and Security
    1. Customer Data.

      "Customer Data" means any and all information you provide to or through the Website, BotCraft Content, or the BotCraft Platform, including, but not limited to, Expressions, Intents, and Entities entered by you, voice and utterance data, Profile Content (as defined below), and data that relates to any End Users or such End Users’ use of your Device or Application ("End User Data"). You acknowledge and agree that you are solely responsible for obtaining all required consents from End Users in connection with any use of your Devices or Applications and the BotCraft Content (including the APIs), which consent shall be compliant with all applicable data protection legislation and other privacy laws, rules, and regulations. Before collecting any End User Data or other information from End Users, you must provide adequate notice of what End User Data and other information you collect and how it will be used and/or shared and obtain any necessary consents. You and your Devices and Applications will comply with all privacy laws and regulations in connection with your access and use of the BotCraft Content and BotCraft Platform. You will provide and adhere to a privacy policy for your Device or Application that: (i) complies with all applicable laws, rules, and regulations, (ii) is conspicuously displayed to all End Users, and (iii) clearly and accurately describes to End Users what data and user information you collect (such as personally identifiable information, login information, etc.) and how you use and share such information with BotCraft and third parties. You understand that by using the BotCraft Content or BotCraft Platform, you consent to the collection, use, and disclosure of any Customer Data (including personal information and aggregate data) as set forth in our Privacy Policy, and to have Customer Data collected, used, transferred to and processed in the United States. You shall be solely responsible for your Customer Data and the consequences of making it available on or through the BotCraft Content and/or BotCraft Platform.

    2. Privacy.

      You understand that by using the BotCraft Content and/or BotCraft Platform you consent to the collection, use and disclosure of your personally identifiable information and Customer Data as set forth in our Privacy Policy, and to have your personally identifiable information and Customer Data collected, used, transferred to and processed in the United States.

    3. Security.

      BotCraft cares about the integrity and security of your Customer Data and 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 are solely responsible for any personal injury or property damage arising from or relating to your use of any BotCraft Content, the BotCraft Platform, or any authorized or unauthorized use of your Device or Application.

  6. BotCraft Profiles

    When you register for a BotCraft account, we will automatically create a public profile page on the BotCraft Platform under your username ("BotCraft Profile"), and you expressly authorize us to create a BotCraft Profile on your behalf. You acknowledge and agree that any Customer Data that is available to the public, as provided in these Terms (including, without limitation, the BotCraft Privacy Policy), will be populated into your BotCraft Profile. We may allow you to upload content, information, and links to your BotCraft Profile (collectively, "Profile Content"). BotCraft takes no responsibility and assumes no liability for any Profile Content that you or any other BotCraft user or third party posts or otherwise makes available on or through the BotCraft Content or BotCraft Platform. You shall be solely responsible for your Profile Content and the consequences of making it available through the BotCraft Platform.

  7. DMCA

    Since we respect content owner rights, it is BotCraft’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"), as provided in our DMCA Policy.

  8. Ownership and License
    1. Your Devices, Applications, and Customer Data.

      BotCraft does not acquire ownership of your Devices, Applications, or Customer Data by your use of the APIs or other BotCraft Content. You represent and warrant that you have the necessary rights to provide all Customer Data, including without limitation, End User Data and Profile Content, and other information you make available in connection with your use of the BotCraft Content and/or the BotCraft Platform and to grant all rights and licenses under these Terms. Without limiting the foregoing, if you are using the BotCraft Content or BotCraft Platform on behalf of your employer or any third party, you represent and warrant that your employer or such third party has expressly authorized you to make available and use any content, data, or information that you use or make available in connection with your use of the BotCraft Content and/or BotCraft Platform. You further represent and warrant that your Customer Data (including, without limitation, End User Data and Profile Content), Applications, and/or Devices, and any use thereof in connection with the BotCraft Content or BotCraft Platform will not violate the rights of any third party, including but not limited to, intellectual property rights, trade secret rights or other proprietary rights, or rights of privacy, or violate any applicable laws, rules, or regulations.

    2. Customer Data Rights and License.

      i. General. In connection with the operation of the BotCraft Content and BotCraft Platform, BotCraft receives, utilizes, and analyzes Customer Data. You retain ownership of your Customer Data. However, notwithstanding anything to the contrary (and whether you select the Open App or Private App), you hereby grant BotCraft a license to: (i) use and disclose your Customer Data to provide the BotCraft Content and the BotCraft Platform; (ii) use your Customer Data for BotCraft’s internal business purposes; (iii) disclose your Customer Data as may be required by law or legal process; and (iv) otherwise use and disclose your Customer Data in accordance with the BotCraft Privacy Policy. Without limiting the foregoing and regardless of your BotCraft App type (Open or Private), you agree that BotCraft is expressly and irrevocably authorized to utilize, analyze, modify, reproduce, publish, share, create derivative works of, or otherwise exercise all rights in your Customer Data and any analytics, statistics or other data related to or derived from your Customer Data and/or your use of the BotCraft Content or BotCraft Platform for any purpose, provided that such data is in aggregate and anonymized form ("Aggregate Data"). Subject to the Customer Data licenses, you acknowledge and agree that BotCraft will exclusively own all right, title, and interest in and to all Aggregate Data and other output data generated by the BotCraft Platform. Notwithstanding anything to the contrary, if you ever have any ownership interest in any Aggregate Data or output data, you hereby assign to BotCraft all such right, title, and interest in and to such Aggregate Data and output data, including all intellectual property rights therein. You also hereby grant each user of the BotCraft Content and/or BotCraft Platform a non-exclusive license to access your Customer Data in accordance with your account settings through the BotCraft Content and/or BotCraft Platform, and to use, reproduce, distribute, display and perform such Customer Data as permitted through the functionality of the BotCraft Content and/or BotCraft Platform and under these Terms.

      ii. Open App. If you choose to use the BotCraft Content and/or BotCraft Platform under an Open BotCraft App, you acknowledge and agree that any Expressions, Intents, or Entities you provide in connection with your use of the BotCraft Content or BotCraft Platform will be available to all other users of the BotCraft Content and BotCraft Platform. You expressly authorize the use of such data by other BotCraft users as permitted by the functionality of the BotCraft Content and/or BotCraft Platform.

      iii. Private App. Subject to the rights granted above, if you choose to use the BotCraft Content and/or BotCraft Platform under a Private app, other users of the BotCraft Content and/or BotCraft Platform will not be able to directly use or access your Expressions, Intents, or Entities, unless you choose to make such data public in connection with your BotCraft Profile, or as otherwise provided in these Terms.

    3. BotCraft Content and BotCraft Platform.

      By using our Website, APIs, other BotCraft Content, or BotCraft Platform, you do not acquire ownership of any rights in our Website, APIs, other BotCraft Content, the BotCraft Platform, or any data, content or information that is transmitted or accessed through our APIs, including without limitation, any Expressions, Intents, Entities, or other data provided by BotCraft or other BotCraft users. Except for your Customer Data, as between you and BotCraft, the BotCraft Content, the BotCraft Platform, and all data, content, and information that is contained in or transmitted or accessed through our APIs and/or the BotCraft Platform, including, without limitation, software, Expressions, Intents, Entities, machine learning models, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and data belonging to other users, and all intellectual property rights related thereto, are the exclusive property of BotCraft and its licensors.

    4. Feedback.

      If we receive any feedback, suggestions, ideas, reports, or other information relating to any BotCraft Content or any BotCraft products or services, we may use such information without obligation to you.

    5. Restrictions; Retained Rights.

      The Website, BotCraft Content, and BotCraft Platform are protected by United States intellectual property laws, including without limitation copyright laws, and international treaty provisions. You will not remove or alter any proprietary notices or marks on any BotCraft Content or the BotCraft Platform. You will not reverse engineer or attempt to extract the source code from any API, other BotCraft Content, the BotCraft Platform, or any related software, except to the extent that this restriction is expressly prohibited by applicable law. You also will not sublicense, lease, rent, loan, distribute, sell, transfer or make available the APIs or other BotCraft Content or the BotCraft Platform to any third party except as specifically permitted by these Terms. BotCraft Content is licensed and not sold. BotCraft reserves all rights not expressly granted in these Terms.

  9. Updates to APIs

    We reserve the right to modify or update the Website, BotCraft Content and/or BotCraft Platform at any time, for any reason, and without notice to you. If BotCraft makes updates, revisions, breaking changes or in any way modifies an API or other BotCraft Content, you agree that you are solely responsible for making changes to your Device or Application to ensure continued service for your End Users. We are constantly changing and improving our APIs and other BotCraft Content. We may add or remove functionalities or features at our discretion, for any reason, and we do not guarantee that your Device or Application will function with any future or modified versions of any BotCraft Content or the BotCraft Platform.

  10. Branding and Attribution
    1. BotCraft Brand

      . Except where expressly stated, these Terms do not grant either party any right, title or interest in or to the other party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively, "Marks").

    2. Attribution.

      You agree to display any attribution(s) required by BotCraft as described in any documentation for the APIs or other BotCraft Content. Without limiting the foregoing, users of the Community Plan must display "Powered by BotCraft" and a link to botcraft.io on any Device or Application connected to the APIs. BotCraft grants to you a limited, freely revocable, nontransferable, nonsublicenseable, nonexclusive license during the term of your subscription to display BotCraft's Marks solely for the purpose of promoting or advertising that your use the APIs and other BotCraft Content. You must only use the BotCraft Marks in accordance with these Terms. You understand and agree that BotCraft has the sole discretion to determine whether your attribution(s) and use of BotCraft's Marks is in accordance with the above requirements and any applicable guidelines.

    3. Publicity.

      You will not make any statement regarding your use of an API that suggests partnership with, sponsorship by or endorsement by BotCraft without BotCraft's prior written approval.

    4. Promotional and Marketing Use.

      In the course of promoting, marketing, or demonstrating the APIs you are using, BotCraft may produce and distribute incidental depictions, including screenshots, video, or other content from your Application or Device, and may use your company or product name and logos. You hereby grant BotCraft all necessary rights for these purposes.

  11. Termination
    1. Termination.

      You may change your App type or stop using our APIs and other BotCraft Content at any time. If you want to change your Private App to an Open App, you must log into your BotCraft App and make your App open. If you want to terminate your account and these Terms, you must email us at contact@botcraft.io and inform us of your intention to cancel your account ("Termination Notice"). At that point, you can request to get a copy of your data (Expressions, Intents, and Entities). Subject to the post-termination obligations and the surviving provisions set forth in these Terms, upon our written acknowledgement of our receipt of your Termination Notice, these Terms will terminate. BotCraft has the right to immediately terminate these Terms or discontinue your use of the Website, BotCraft Platform, the APIs and other BotCraft Content or any portion or feature thereof for any reason and at any time without liability or other obligation to you. Upon any termination or expiration of these Terms or discontinuation of your access to any BotCraft Content, you must immediately cease all use of the BotCraft Platform, any BotCraft Content (including the APIs), and BotCraft Marks and delete all copies thereof.

    2. Surviving Provisions.

      When these Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 3 – 9, 11A, 11C, 11D, 12B, and 13 - 16.

  12. No Warranties

    THE BOTCRAFT CONTENT AND BOTCRAFT PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE BOTCRAFT CONTENT AND BOTCRAFT PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BOTCRAFT CONTENT AND BOTCRAFT PLATFORM ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WITH OR THROUGH THE BOTCRAFT CONTENT OR BOTCRAFT PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BOTCRAFT, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE BOTCRAFT CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE BOTCRAFT CONTENT OR BOTCRAFT PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE BOTCRAFT CONTENT OR BOTCRAFT PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE BOTCRAFT CONTENT OR BOTCRAFT PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BOTCRAFT CONTENT OR BOTCRAFT PLATFORM IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE BOTCRAFT CONTENT OR BOTCRAFT PLATFORM.

    FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  13. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOTCRAFT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE BOTCRAFT CONTENT OR BOTCRAFT PLATFORM. UNDER NO CIRCUMSTANCES WILL BOTCRAFT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE BOTCRAFT CONTENT OR BOTCRAFT PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOTCRAFT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE BOTCRAFT CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE BOTCRAFT CONTENT OR BOTCRAFT PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BOTCRAFT CONTENT OR BOTCRAFT PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE BOTCRAFT CONTENT OR BOTCRAFT PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY BOTCRAFT CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY BOTCRAFT CONTENT OR OTHER CONTENT OR DATA TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE BOTCRAFT PLATFORM; AND/OR (VII) CUSTOMER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BOTCRAFT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BOTCRAFT HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR $10.00, WHICHEVER IS GREATER.

    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BOTCRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

    You acknowledge that the BotCraft Content and BotCraft Platform may allow you to control Devices, Applications, and other third-party objects, which may affect the safety of End Users, other individuals, and property. You acknowledge that your use of the BotCraft Content and/or BotCraft Platform could lead to injury of individuals or damage or destruction of property. In using the BotCraft Content and BotCraft Platform, you must design and test your Devices and Applications to ensure that your Devices and Applications do not present risks of personal injury or death, property damage, or other losses. You must implement all reasonable security measures to ensure that no third party may gain unauthorized access to the BotCraft Platform or BotCraft Content. If you choose to use the BotCraft Content or BotCraft Platform in any way, you assume all risk that your use of the BotCraft Content or BotCraft Platform causes any damage, harm, injury, or loss, including without limitation to any End Users or other individuals or property. You agree that you are solely responsible for any damage, harm, injury, or loss arising from or relating to your Device or Application or your use of any BotCraft Content or the BotCraft Platform, and you agree to hold us harmless from all such damage, harm, injury, or loss.

  14. Indemnification

    You agree to defend, indemnify and hold harmless BotCraft and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the BotCraft Content (including the APIs) or BotCraft Platform, including any data or content transmitted or received by you; (ii) your violation or alleged violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) any violation of any third-party right, including without limitation any right of privacy or intellectual property rights, by you, your Customer Data, Device, or Application, or any use thereof; (iv) your violation of any applicable law, rule or regulation; (v) any of your Customer Data or any that is transmitted via your account; (vi) any personal injury or property damage arising from or relating to your use of the BotCraft Content or BotCraft Platform or any authorized or unauthorized use of your Device or Application; or (vii) any other party’s access and use of the BotCraft Content or BotCraft Platform with your unique username, password or other appropriate security code.

  15. Please contact us at contact@botcraft.io with any questions regarding these Terms.