TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

By accessing, browsing, or using the BotEngine HQ website, platform, software, or services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the "Terms"). These Terms constitute a legally binding agreement between you (the "User," "you," or "your") and BotEngine HQ ("BotEngine HQ," "we," "us," or "our").

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, and the terms "User," "you," and "your" shall refer to such entity.

If you do not agree to these Terms, you must not access or use our Services. Your continued use of the Services constitutes your acceptance of any modifications to these Terms.

2. SERVICE DESCRIPTION

BotEngine HQ provides automated lead capture, qualification, and conversion optimization solutions for businesses seeking to enhance their customer acquisition processes. Our Services include, but are not limited to:

Lead Capture Automation: Automated systems designed to capture potential customer information from various digital touchpoints, including websites, landing pages, and marketing campaigns.

AI Qualification Bots: Artificial intelligence-powered conversational tools that interact with leads to assess their needs, intent, quality, and readiness for sales engagement.

Conversion Optimization Tools: Analytics, testing, and optimization solutions designed to improve lead-to-customer conversion rates through data-driven insights and automated workflows.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you. Service features, functionality, and availability may vary depending on your subscription tier or service package.

The Services are provided on an "as available" basis, and we do not guarantee uninterrupted access or error-free operation. We may perform scheduled or emergency maintenance that temporarily limits or prevents access to the Services.

3. USER OBLIGATIONS

As a User of BotEngine HQ Services, you agree to the following obligations:

Account Security: You are responsible for maintaining the confidentiality of your account credentials, including usernames, passwords, and API keys. You agree to notify us immediately of any unauthorized access or security breach. You are solely responsible for all activities that occur under your account.

Accurate Information: You agree to provide accurate, current, and complete information during registration and account setup, and to update such information promptly when it changes.

Lawful Use: You agree to use the Services only for lawful purposes and in compliance with all applicable federal, state, local, and international laws and regulations. You shall not use the Services to:

- Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

- Impersonate any person or entity or falsely represent your affiliation with any person or entity

- Engage in fraudulent activities or misrepresent the purpose of lead capture or data collection

- Violate any privacy rights, data protection laws, or intellectual property rights of third parties

- Transmit viruses, malware, or any other malicious code

- Attempt to gain unauthorized access to our systems, networks, or other users' accounts

- Interfere with or disrupt the Services or servers connected to the Services

Data Collection Compliance: You are solely responsible for ensuring that your use of the Services complies with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and CAN-SPAM Act. You must:

- Obtain all necessary consents from individuals whose data you collect through our Services

- Provide clear and conspicuous privacy notices to your website visitors and leads

- Honor opt-out requests and data subject rights

- Maintain your own privacy policy that accurately describes your data practices

Prohibited Industries: You may not use the Services in connection with illegal activities or industries prohibited by our policies, which may be updated from time to time.

Resource Usage: You agree not to use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use of the Services.

4. APPOINTMENT SCHEDULING AND CANCELLATIONS

If you schedule appointments, demonstrations, consultations, or support sessions with BotEngine HQ representatives:

Scheduling: Appointments may be scheduled through our online scheduling system, via email, or through other designated channels. You will receive confirmation of your scheduled appointment via email.

Cancellations and Rescheduling: If you need to cancel or reschedule an appointment, you must provide notice at least 24 hours in advance by contacting us at Alex.Carter@botenginehq.co. Failure to provide adequate notice or repeated no-shows may result in limitations on future appointment availability.

No-Show Policy: If you fail to attend a scheduled appointment without proper notice, we reserve the right to charge a no-show fee or restrict future scheduling privileges.

Our Cancellations: We reserve the right to cancel or reschedule appointments due to unforeseen circumstances, technical issues, or scheduling conflicts. We will make reasonable efforts to notify you promptly and offer alternative scheduling options.

5. PAYMENT TERMS

Fees and Charges: Use of BotEngine HQ Services requires payment of applicable subscription fees, usage-based charges, or other fees as specified in your service agreement or the pricing schedule presented at the time of purchase.

Payment Methods: We accept payment through credit cards, debit cards, ACH transfers, wire transfers, and other payment methods as may be specified during the subscription or purchase process.

Billing Cycle: Subscription fees are billed in advance on a recurring basis (monthly, quarterly, or annually) depending on your selected billing cycle. Your payment method will be automatically charged at the beginning of each billing period.

Price Changes: We reserve the right to modify our pricing structure at any time. Price changes for existing subscriptions will be communicated to you at least 30 days in advance and will take effect at the start of your next billing cycle. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

Taxes: All fees are exclusive of applicable federal, state, local, or international taxes, levies, or duties. You are responsible for payment of all such taxes, except for taxes based on our net income.

Late Payment: If payment is not received by the due date, we may suspend or terminate your access to the Services. Late payments may be subject to interest charges at the rate of 1.5 percent per month or the maximum rate permitted by law, whichever is lower.

Refund Policy: Subscription fees are generally non-refundable except as required by law or as expressly stated in your service agreement. If you believe you are entitled to a refund due to service issues or billing errors, you must contact us within 30 days of the charge.

Free Trials: If you sign up for a free trial, your trial period will last for the specified duration. Unless you cancel before the end of the trial period, you will be automatically charged the applicable subscription fee and your subscription will continue on a recurring basis.

Chargebacks: Initiating a chargeback or payment dispute without first attempting to resolve the issue with us may result in immediate suspension or termination of your account and potential legal action to recover fees and costs.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOTENGINE HQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF BOTENGINE HQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BOTENGINE HQ FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BOTENGINE HQ FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

You acknowledge and agree that BotEngine HQ shall not be liable for:

- Any loss or damage resulting from your failure to maintain the confidentiality of your account credentials

- Unauthorized access to or alteration of your transmissions or data

- Any content, conduct, or statements of any third party on or through the Services

- Any interruption or cessation of transmission to or from the Services

- Any bugs, viruses, or similar harmful components transmitted by third parties through the Services

- Any errors, inaccuracies, or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or made available through the Services

- Your failure to comply with applicable laws and regulations in your use of the Services

7. WARRANTY DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BOTENGINE HQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

BOTENGINE HQ DOES NOT WARRANT THAT:

- The Services will meet your specific requirements or expectations

- The Services will be uninterrupted, timely, secure, or error-free

- The results obtained from the use of the Services will be accurate, reliable, or complete

- The quality of any products, services, information, or other material obtained through the Services will meet your expectations

- Any errors in the Services will be corrected

You acknowledge and agree that:

No Guarantee of Results: While our Services are designed to improve lead capture, qualification, and conversion rates, we make no guarantees regarding specific outcomes, results, lead quality, conversion rates, or revenue generation. Results may vary based on numerous factors beyond our control, including your industry, target market, product offerings, pricing, sales processes, and market conditions.

AI Limitations: Our AI Qualification Bots utilize artificial intelligence and machine learning technologies that, while advanced, may not be perfect. AI systems can make mistakes, misunderstand context, or produce unexpected results. You are responsible for reviewing and verifying the output of AI-powered tools before relying on them for business decisions.

Third-Party Integrations: The Services may integrate with or depend on third-party platforms, services, or APIs. We do not control and are not responsible for the availability, functionality, security, or content of such third-party services.

Data Accuracy: While we strive to provide accurate data and analytics, we do not warrant the accuracy, completeness, or reliability of any data, metrics, or reports provided through the Services.

Your use of the Services is at your sole risk. Any material or information downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.

Some jurisdictions do not allow the disclaimer of implied warranties, so portions of the above disclaimer may not apply to you.

8. INTELLECTUAL PROPERTY RIGHTS

Ownership: BotEngine HQ retains all rights, title, and interest in and to the Services, including all associated intellectual property rights. The Services are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right to use the BotEngine HQ name, trademarks, logos, or other distinctive brand features.

License Grant: Subject to your compliance with these Terms, BotEngine HQ grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes.

User Content: You retain ownership of any content, data, or information that you submit, upload, or transmit through the Services ("User Content"). By submitting User Content, you grant BotEngine HQ a worldwide, non-exclusive, royalty-free, transferable license to use, copy, modify, process, analyze, and display such User Content solely to provide, maintain, and improve the Services.

Feedback: If you provide us with any suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Services ("Feedback"), you grant us the right to use such Feedback for any purpose without obligation or compensation to you.

Restrictions: You may not:

- Copy, modify, or create