Terms & Conditions
These General Terms and Conditions of Use and Contracting (hereinafter, the “Terms and Conditions”) govern the access and use of the website accessible through the domain name https://botgate.ai/ (hereinafter, the “Site” or “Website”), as well as the acquisition of the service offered through it. The simple access to the Website attributes to the person who uses it the condition of user (hereinafter, the “User” or “You”) and implies the acceptance of all the terms included in these Terms and Conditions.
By means of the acceptance of these Terms and Conditions, the User states:
- That have read, understood, and agree what is stated in these Terms and Conditions.
- That, in case you are willing to subscribe to a service, you have sufficient legal capacity to do so.
- That, in the case of acting in the name and on behalf of a legal entity, it is in possession of the required and effective power to represent it.
- That is on the legal age.
The site’s general information is as follows:
- Owner: Botgate AI Technology OÜ (hereinafter referred to by its trade name, "Botgate").
- Headquarters and establishment:
Current location: Viru väljak 2-3. Korrus Kesklinna Linnaosa, 10111 Tallinn / Estonia
Before was: Skyline, Lasnamäe 4B-26 11412 Tallinn - Estonia
- That, in the case of acting in the name and on behalf of a legal entity, it is in possession of the required and effective power to represent it.
- That is on the legal age.
Registration data: Registered in the Commercial Register of Tallinn, no. 14663537.
The domain botgate.ai on the Internet is the property of Botgate AI Technology OÜ reserves the right to make changes in its headquarters without prior notice, in order to update, correct, modify, add or delete the contents of the headquarters or its design.
Botgate expressly prohibits the realization of "framings" or the use by third parties of any other mechanisms that alter the design, original configuration, or contents of its webpage.
Website Access and Service Specifications
The simple access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.
Botgate informs the Users that these Terms and Conditions can be modified or amended at any time. Therefore, Botgate will give notice of any change by notifying it through the website or any other method of contact. Accordingly, the User should read carefully these Terms and Conditions as many times as needed in order to use this Website properly and to subscribe to its Services.
The Botgate services (hereinafter, the “Services”) are intended to be a platform or suite which works transforming a website into conversational experiences by using a chatbot. By using the chatbot, the User may find different methods or ways to configure it. The Services offered by Botgate include chatbots that can be used not only in desktops or mobiles but also specific chats such as Whatsapp, chatbot Whatsapp, and Messenger from Facebook with chatbot Messenger. One of the aims of these Services is to obtain higher conversion rates and a unique experience for the visitors. Thus, if you need more information about Botgate’s Services, you should have a look at our drop-down tabs “Features” on https://botgate.ai/.
When surfing through the Website, particularly the “Features”, you must find all the related features such as design and build, integrate apps or manage leads. By using Botgate’s platform you will get to know firsthand how the Services work, so it is the best preview.
Website and Service Rules
The person who uses the Website or subscribes to the Services is deemed as the User. Taking into account this, we understand that You can be classified as an individual, a company, research, and development organization, the Government, or even a non-profit organization, among others.
In case any User’s obligations set forth in this Website are not fulfilled, Botgate reserves the right to forbid or deny the use of the Website or Services offered therein.
If you want to use the Site and subscribe to the Services, the pertinent conditions provided by Botgate must be accepted by the User.
Engagement of Service
The process of engagement and the Terms and Conditions of rendering the Services provided by Botgate shall be subjected to what is established on each occasion in the company’s Website. Consequently, Botgate reserves the right to unilaterally change, at any time and without prior notice, such Terms & Conditions.
In addition, by engaging the rendering of Services, the User expressly undertakes to furnish true information about itself for this purpose, assuming any damages of any kind arising from the untruthfulness of the information, directly and/or indirectly affecting Botgate and/or any third party, at any time, for any reason, by any means and/or in any manner.
Duration of the Service
According to these Terms and Conditions, as well as all the conditions involving the Botgate Services, the duration of the Service will be defined by the type of subscription. Botgate reserves the unilateral right to temporarily suspend or definitely terminate the rendering of the Services through the Website.
User Obligations and Conduct
The User agrees to use the Services in accordance with the applicable law, moral principles, and public order as well as these Terms and Conditions.
The User shall neither use the Website for illegal activities nor activities that may be regarded to be a criminal offense against the rights of third parties or in violation of any applicable law.
You, as a User, are solely responsible for all the content and actions you promote by the use of the Services under your account. Your membership, including your email and password, is personal and may not be transferred or used by someone else. Botgate shall provide to the User a username (email) and password, of a personal and non-transferable nature, for the use of this Website and the Services. The User undertakes to keep their usernames and passwords confidential, without allowing the use by third parties, therefore, assuming liability for any consequences resulting from the infringement of such obligation. Passwords may be changed at the request of any of the parties. In the event such change is expressly requested by Botgate, the User shall be given notice of the date on which such password will be deactivated and replaced by a new one.
Botgate is not in any way responsible for any information lost or damaged resulting from unauthorized access to your account or the use of your login details. If you infer or suspect any unauthorized use of your account, you must immediately notify Botgate.
You may not contribute, submit or disseminate any propaganda, religious and/or political views, or information that may be deemed racists, xenophobic, pornographic, supportive of terrorism, or that violates human rights. Furthermore, you may not defame, harass or offend other people through the use of the Services.
If you have any criticism or feedback regarding Botgate or the Services, please, contact us to help improve our Services.
You can not transmit and/or distribute files that may damage Botgate’s computer systems, the internet service provider, or third-party internet Users (referring to virus or malware). You shall not disseminate, transmit or provide third parties with any type of information, element, or content, that may constitute a violation of the fundamental rights and civil liberties. Also, you may not disseminate, transmit or provide third parties with any type of information, element, or content, that may constitute unlawful or unfair advertising. You shall not disseminate, transmit or provide third parties with any type of information, element, or content that may be deemed a violation of privacy or data protection laws.
Content and Services Linked Through Website
The Website may contain technical linking devices, directories, and even other tools that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"). In those cases, Botgate will only be responsible for the content and services provided in the Linked Sites to the extent that it has effective knowledge of its illegality and has not deactivated the link to them with due diligence. In the event the User considers there is a Linked Site with illicit or inappropriate contents, the user can communicate it to Botgate through the following email address: firstname.lastname@example.org
In any case, the existence of Linked Sites must presuppose the existence of agreements between Botgate and the responsible or owners thereof, either as the recommendation or promotion of the Linked Sites and or their contents by Botgate. Unless expressly stated otherwise on the Website, Botgate does not know the contents and services of the Linked Sites and, therefore, is not responsible for any damages that may be caused to the User or any third party.
Intellectual and Industrial Property
The content of the Website is understood, for a merely enunciative but not exhaustive, as texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound content, as well as their graphic design and source codes. All of them are under the intellectual property of Botgate or third-party licensors, without which any of the exploitation rights recognized by the current regulations regarding intellectual property over them can be understood to be assigned to the User.
Trademarks, trade names, and other distinctive signs published on the Website are owned by Botgate or third parties and/or licensors, without giving to the User any right over them.
Subscription to Service
Use the Service
The main characteristics of the services offered through the Website can be found at first use of the Services by accessing the Site. The User will start using the Services once the subscription order is fully complete.
Subjected to the Terms and Conditions thereof, during the period of effectiveness of these Terms, Botgate allows the User to use the Services on a non-exclusive basis. Botgate may change, modify or update the Services at any time. Botgate reserve the right to change the method of registration or login, including the types of accounts and the service provided through them. You agree that you will supply accurate and complete information to Botgate in the creation of your account and the use of the Services and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide us or in failure to keep such information up-to-date.
You shall not share your account or login information with any third party, nor, let any third party access your account, and you are entirely responsible for maintaining the confidentiality of the login information to your account. You are fully and solely responsible for the security of your computer system, mobile device, and all activity on your account. Botgate will not be held accountable for any loss or damage arising from unauthorized use of the Services, and you agree to protect and do no harm to Botgate in regard to improper or illegal use of the Service, and any charges and taxes incurred unless you have notified us immediately.
Consent to Botgate’s Access
By means of these Terms and Conditions, the User knows and accepts that Botgate can access the User's account in order to provide the Services and when technical assistance or support is requested. In any case, the User may, through the settings of his account, revoke the consent given by the acceptance of these Terms and Conditions. It is guaranteed that the User will always have control of his account.
The revocation of the authorization to Botgate’s access will only be operative in Premium accounts. Free accounts will not have this option, so in accordance with the provisions of the Terms and Conditions, upon acceptance of them, Botgate will be able to access the User’s account.
Notwithstanding the foregoing, Botgate reserves the right to access the User's account, without prior authorization, in certain cases, including but not limited to: investigations due to abusive use of the Services, to check billing issues and/or disputes, or when Botgate suspects that these Terms and Conditions are being violated.
Purchase Procedure and Price
The Agreement is formalized in English.
The Services have free access for everyone once registered. Inside our Site, the User can subscribe for the use of the Services. In the upper tab "Upgrade" you will find the option to view the different packages offered by Botgate with their respective prices. If you are intending to know more information about the current account, please check our specific section by clicking here.
Bear in mind that the prices indicated for the Services do not include the Value Added Tax (VAT), and, in any case, are expressed by default in Euro currency (€). The referred prices, unless expressly indicated otherwise, do not include any other additional services to the service purchased. When a User registers and enters its data, the system detects whether the specific taxes should be charged according to the User's conditions. There are two methods of payment, known as (Subscription Cycle), in which the User can choose between paying monthly or annually.
- American Express
- Direct Debit
Other forms of payment will not be accepted. At the time of payment, the User will need to enter the information required to bring about the payment, namely card number, cardholder name, expiration date, and CVC number. All this information is never stored by Botgate but managed by a third company whose name is Stripe. In case you need more information about how Stripe works, please check it at their webpage: www.stripe.com
Correction and Identification of Errors in Data Entry
When the User forgets to fill in correctly any data indicated as mandatory in the corresponding form, the User will not be able to advance in the validation process until it has been completed. A message on the screen will warn the User of this circumstance.
The User can modify or update at any time the data provided during the purchase process, before its completion, going back to the desired step.
By accessing your account, the User may modify and/or update at any time the data provided at the time of registering as a user of the Website.
Complaints, Claims, and Requests for Information
The User can share with Botgate their complaints, claims, and/or information requests using any of the following methods:
- Sending an email to the address email@example.com
- Sending an email to the address firstname.lastname@example.org from 9:30 AM to 6:30 PM, from Monday to Friday except for holidays.
Botgate has official complaint/claim/request forms that the User may request.
Exemption of Liability
Botgate is not liable for any damage and/or detriment to and/or loss of income by any User or third party adversely affected as a result of any opinions, representations, data, and/or contents, if any, that the User and/or third parties may directly or indirectly display for any reason, at any time and in any way, in the Website. Botgate does not warrant that the Site is going to work constantly, reliably, and permanently, without delays or interruptions.
As a consequence of this, Botgate is not liable for any damage and/or detriment to and/or loss of income by any customer or third party adversely affected as a result thereof. Botgate is not liable for any damage and/or detriment to and/or loss of income by any User or third party adversely affected as a result of an event of force majeure, an act of God, failure, or error in communication lines, or defective Internet service or faulty connection. Botgate is not liable for any damage and/or detriment brought about to any third party for the use of bank data without its consent by any User engaging the Services.
Botgate has adopted all legally required security measures for protecting personal data furnished by the User in accordance with the EU General Data Protection Regulation, no. 2016/679. Notwithstanding the above, Botgate cannot ensure the absolute invulnerability of its security systems or the security or inviolability of such data during transmission through the network for reasons not caused by itself.
As a service provider, Botgate does not control the use that the User makes of its Service. Botgate is not liable for the use and/or content that the User may make in violation of the laws or these Terms and Conditions and/or pertinent additional conditions, insofar as it Botgate is not liable for the content information and/or data that is transmitted, nor it originates the transmission, modification or selection of data or addressees. Accordingly, only the User is liable for any consequences that might result from any unlawful use or use against these conditions, as well as for the truthfulness and/or legality of the contents displayed by the User. For this purpose, the User shall use the Services pursuant to the laws in force that are applicable in this regard.
Botgate and its employees and technical service staff shall try and will keep confidential all the User information to which they are given access by any means, and will not use, disclose or allow it to be used or disclosed. They shall, at the User’s request, make every effort to destroy or return such information immediately in the event it is recorded for any reason and/or by any means, when in compliance with the Services engaged and pursuant to the Terms and Conditions set forth they are given access to the User information of any kind. The laws that are applicable in this respect shall govern in all such cases.
The Services put at the User disposal send information deemed to be or classified as confidential. Botgate shall not be held responsible for any consequences that may arise from the User᾽s failure to comply with this recommendation.
Nullity and ineffectiveness of clauses
If any clause included in these Terms and Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting the rest of the Terms and Conditions in everything else and considered as such totally or partially disposed of by not included.
Applicable Legislation and Competent Jurisdiction
These Terms and Conditions will be governed and interpreted in accordance with Estonian legislation.
Whether the User does not have the status of consumer or user, the User agrees to submit any dispute arising from the use of the Website or the subscription process to the Courts and Tribunals of Tallinn, expressly waiving any other jurisdiction that could correspond.
These Terms & Conditions were last modified on 07/03/2022.