Terms of Service

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and BotAdmins ("Company," "we," "us," or "our") regarding your use of our website development, administration, chatbot development, and related services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

2. Services Description

2.1 Core Services

BotAdmins provides the following services:

• Website Development: Custom website design, development, and implementation
• Website Administration: Ongoing maintenance, updates, and technical support
• Chatbot Development: AI-powered chatbot design, development, and deployment
• Customized Portals: User-specific dashboards and management interfaces
• Third-Party Integrations: Implementation of external tools and services
• Technical Support: Troubleshooting, updates, and maintenance services

2.2 Service Availability

We strive to maintain 99.9% uptime for our services, but we do not guarantee uninterrupted availability. Scheduled maintenance will be announced in advance when possible.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to users.

3. User Accounts and Registration

3.1 Account Creation

To access certain services, you must create an account by providing accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Keeping your account information up to date

3.2 Account Eligibility

You must be at least 18 years old or have legal authority to enter into binding contracts to create an account and use our services.

3.3 Account Security

4. Payment Terms

4.1 Pricing and Fees

Service pricing is outlined in your specific service agreement or project proposal. All fees are non-refundable unless otherwise specified in writing.

4.2 Payment Schedule

• Project-Based Services: Payment schedule as outlined in project agreement
• Ongoing Services: Monthly or annual billing as agreed
• One-Time Services: Payment due upon completion or as specified

4.3 Late Payments

Late payments may result in:

• Late fees of 1.5% per month on overdue amounts
• Suspension of services until payment is received
• Termination of services for accounts 60+ days overdue

4.4 Taxes

You are responsible for all applicable taxes related to your use of our services, except for taxes based on our net income.

4.5 Disputes

Payment disputes must be reported within 30 days of the billing date. We will work with you to resolve legitimate billing issues promptly.

5. Intellectual Property Rights

5.1 Our Intellectual Property

BotAdmins retains all rights, title, and interest in:

• Our proprietary software, tools, and methodologies
• Pre-existing intellectual property used in service delivery
• General knowledge and techniques developed through our experience

5.2 Client-Specific Work Product

Upon full payment, you will own:

• Custom code specifically developed for your project
• Website content and designs created exclusively for you
• Customized chatbot configurations and training data

5.3 Third-Party Components

Some services may incorporate third-party software or components subject to their own licensing terms. You agree to comply with all applicable third-party licenses.

5.4 License to Use Our Services

We grant you a limited, non-exclusive, non-transferable license to use our services in accordance with these Terms.

6. User Responsibilities and Conduct

6.1 Content Responsibility

You are solely responsible for all content you provide, including:

• Text, images, and media for websites and chatbots
• Ensuring content accuracy and legal compliance
• Obtaining necessary rights and permissions
• Compliance with applicable laws and regulations

6.2 Cooperation Requirements

You agree to:

• Provide timely feedback and approvals
• Supply necessary information and materials
• Respond to requests for clarification promptly
• Test and review deliverables within agreed timeframes

6.3 System Security

You must maintain reasonable security measures for any systems we access or administer on your behalf.

7. Prohibited Use

• Using our services for illegal, harmful, or fraudulent purposes
• Attempting to gain unauthorized access to our systems
• Distributing malware, spam, or malicious content
• Violating any applicable laws or regulations
• Infringing on intellectual property rights
• Harassing, threatening, or abusing others
• Impersonating others or misrepresenting your identity
• Interfering with or disrupting our services
• Using our services to compete directly with us
• Reverse engineering our proprietary technologies

7.1 Enforcement

We reserve the right to investigate suspected violations and take appropriate action, including service termination and legal action.

8. Third-Party Services and Integrations

8.1 Third-Party Dependencies

Our services may integrate with or depend on third-party services, including:

• Hosting providers and content delivery networks
• Payment processing services
• Analytics and monitoring tools
• API services and external databases
• Communication and collaboration platforms

8.2 Third-Party Terms

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for third-party service availability, functionality, or compliance.

8.3 Integration Support

We will provide reasonable support for third-party integrations, but cannot guarantee compatibility or functionality of external services.

9. Data Handling and Privacy

9.1 Data Processing

Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Security

We implement industry-standard security measures to protect your data, but cannot guarantee absolute security against all threats.

9.3 Data Backup and Recovery

While we maintain regular backups, you are responsible for maintaining your own copies of critical data and content.

9.4 Data Retention

We retain your data as necessary to provide services and comply with legal obligations. Data retention periods are outlined in our Privacy Policy.

10. Warranties and Disclaimers

10.1 Service Warranties

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.

10.2 Warranty Period

We provide a 30-day warranty on deliverables to address defects or non-conformance with specifications. This warranty does not cover:

• Issues caused by user modifications or misuse
• Problems arising from third-party service changes
• Normal wear and tear or expected maintenance
• Force majeure events or circumstances beyond our control

10.3 Disclaimers

11. Limitation of Liability

11.1 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• LOSS OF DATA OR INFORMATION
• BUSINESS INTERRUPTION OR DOWNTIME COSTS
• THIRD-PARTY CLAIMS OR DAMAGES

11.2 Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Violations of intellectual property rights
• Other matters that cannot be limited by applicable law

12. Indemnification

You agree to indemnify, defend, and hold harmless BotAdmins and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our services
• Your violation of these Terms
• Content you provide or authorize us to use
• Your violation of any third-party rights
• Any negligent or wrongful acts or omissions by you

13. Termination

13.1 Termination by Either Party

Either party may terminate ongoing service agreements with 30 days written notice. Project-based services continue until completion unless terminated for cause.

13.2 Termination for Cause

We may terminate your access immediately if you:

• Violate these Terms or applicable laws
• Fail to pay fees when due
• Engage in prohibited activities
• Compromise the security or integrity of our services

13.3 Effects of Termination

Upon termination:

• Your access to our services will cease
• Outstanding fees become immediately due
• We will provide reasonable assistance in data transition
• Confidentiality obligations continue indefinitely

13.4 Data Retrieval

You have 30 days after termination to retrieve your data. After this period, we may delete your data according to our standard procedures.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal dispute resolution, the parties agree to attempt good faith negotiations to resolve any disputes.

14.2 Mediation

If informal resolution fails, disputes shall first be submitted to binding mediation before a mutually agreed mediator.

14.3 Arbitration

If mediation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14.4 Governing Law

These Terms are governed by the laws of Quincy / Hanover, Massachutetts, without regard to conflict of law principles.

14.5 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or similar proceedings.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between the parties.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

15.4 Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including natural disasters, acts of government, or technical failures.

15.5 Notices

All notices must be in writing and delivered to the addresses specified in your service agreement or these Terms.

15.6 Waiver

No waiver of any provision of these Terms shall be deemed or constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.

15.7 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, payment obligations, limitation of liability, and indemnification.

15.8 Updates to Terms

We reserve the right to update these Terms at any time. Material changes will be communicated via email or through our services. Continued use after changes constitutes acceptance.