Terms and Conditions

By creating an account, completing a purchase, accessing, or using BotPulse (“the Service”) in any way, you unconditionally agree to be bound by these terms, including the mandatory arbitration clause and class action waiver below. These terms constitute a legally binding agreement. If you do not agree, you must immediately stop using the Service.

You represent that you are at least 18 years of age and have the legal authority to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

BotPulse provides a managed assistant accessible through the BotPulse app. The Service includes web chat, account settings, hosting, and ongoing updates.

You must provide a valid email address. One account per person. You are responsible for activity under your account. Notify us immediately if you suspect unauthorized access.

The Service is billed monthly at the rate displayed at checkout. Payments are processed by Stripe. Subscriptions renew automatically. You can cancel at any time. Access continues until the end of the billing period.

All payments are final and non-refundable. No refunds, credits, or prorations will be issued for any reason, including but not limited to partial months, unused time, dissatisfaction, service interruptions, workspace errors, account suspension, or termination. By subscribing, you waive any right to charge back, dispute, or reverse any payment made to BotPulse.

You agree not to:

• Use the Service for illegal activity or harassment
• Attempt to access other customers’ data or workspaces
• Reverse-engineer or resell the Service
• Generate content that violates applicable laws or third-party rights

We may suspend or terminate accounts that violate these terms without notice.

The Service provides AI assistants that generate responses and may process or send messages through enabled channels at your direction. BotPulse is a hosting and management platform only. We do not control, direct, review, verify, endorse, or assume any responsibility for the output, actions, behavior, or consequences of your workspace.

You expressly acknowledge and agree that:

• AI-generated content may be inaccurate, incomplete, misleading, harmful, or inappropriate
• Assistant actions, including sending messages, processing requests, making recommendations, or interacting with third-party services, are performed entirely at your direction and risk
• You are solely and exclusively responsible for all actions taken by your workspace, all content it generates, and all consequences thereof, whether or not those actions were specifically anticipated or requested by you
• You are solely responsible for the actions of any end-users, customers, or third parties who interact with your workspace, and for any instructions, prompts, or requests they submit to your workspace
• You must not rely on assistant output for medical, legal, financial, safety-critical, or any other consequential decisions
• BotPulse bears no responsibility for any harm, loss, damage, or liability arising from your workspace’s output, actions, or interactions, regardless of cause

You assume all risk associated with the use of the Service, including but not limited to risks arising from AI-generated content, assistant message handling, data processing, third-party interactions, service interruptions, data loss, and any actions taken by your workspace when initiated by you or your end-users. You agree that BotPulse shall have no liability whatsoever for any outcome resulting from use of the Service, regardless of the theory of liability.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant the accuracy, reliability, or completeness of any content generated by your workspace.

To the maximum extent permitted by applicable law, in no event shall BotPulse, its owners, operators, directors, employees, affiliates, agents, contractors, or service providers (collectively, “the BotPulse parties”) be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, special, consequential, punitive, or exemplary damages, arising out of or in connection with the Service, including but not limited to damages for loss of profits, revenue, data, goodwill, business opportunities, personal injury, property damage, or other tangible or intangible losses, regardless of whether such damages were foreseeable, whether or not any BotPulse party was advised of the possibility of such damages, and regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

This limitation applies to, without limitation: (a) any content generated by your workspace; (b) any actions taken by your workspace; (c) any interactions between your workspace and third parties; (d) any decisions made in reliance on assistant output; (e) unauthorized access to or alteration of your data; (f) service interruptions, errors, or downtime; and (g) any other matter relating to the Service.

Notwithstanding the foregoing, if any liability is found despite these limitations, the total cumulative liability of all BotPulse parties for all claims shall not exceed the lesser of (i) the amount you paid to us in the one (1) month immediately preceding the event giving rise to the claim, or (ii) fifty US dollars (USD $50).

You agree to fully indemnify, defend, and hold harmless the BotPulse parties from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

• Your use or misuse of the Service
• Any and all content generated by, actions taken by, or interactions with your workspace, whether anticipated or not
• Actions, requests, or prompts submitted by your end-users, customers, or any third party interacting with your workspace
• Any harm, loss, or damage suffered by any third party as a result of your workspace’s output, actions, recommendations, or behavior
• Your violation of these terms or any applicable law
• Any claim that your workspace’s output infringes or violates any third-party rights, including intellectual property, privacy, or publicity rights
• Your failure to obtain necessary consents, licenses, or authorizations for your workspace’s use case

This indemnification obligation survives termination of your account and these terms.

You own the data and conversations processed by your workspace. We do not claim ownership of your content. We access it only as needed to operate the Service.

You are solely responsible for: (a) the legality, accuracy, and appropriateness of all content processed by or generated by your workspace; (b) ensuring your use of the Service complies with all applicable laws, regulations, and industry standards; (c) obtaining all necessary consents from individuals who interact with your workspace; and (d) any regulatory obligations including data protection, consumer protection, and industry-specific compliance requirements.

Nothing in these terms creates a partnership, joint venture, employment, or agency relationship between you and BotPulse. Your workspace is not an agent, representative, or employee of BotPulse. We do not act on your behalf and you do not act on ours.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, for any reason or no reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuation.

We may terminate or suspend your account at any time, for any reason or no reason, with or without notice. Upon termination: (a) your right to use the Service ceases immediately; (b) we may delete your data after fulfilling any applicable data portability or export obligations under GDPR or other applicable law; (c) no refunds will be issued (subject to any mandatory consumer rights that cannot be waived); and (d) sections that by their nature should survive termination will survive, including but not limited to Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration, Class Action Waiver, and Governing Law.

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure failures, third-party service outages, cyberattacks, pandemics, labor disputes, or supply chain disruptions. During any force majeure event, our obligations are suspended without liability for the duration of the event.

Any dispute, claim, or controversy arising out of or relating to these terms, the Service, or your relationship with BotPulse, including the validity, enforceability, or scope of this arbitration provision, shall be resolved exclusively through final and binding individual arbitration, and not by a court or jury. The arbitration shall be administered under the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules then in effect.

The arbitration shall be conducted by a single arbitrator, in the English language, and shall take place remotely via videoconference or telephone unless both parties agree otherwise. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs and attorneys’ fees. If you cannot afford arbitration fees, you may request a fee waiver from the AAA.

You and BotPulse agree that any proceedings to resolve disputes will be conducted solely on an individual basis. You waive any right to participate in any class action, class arbitration, collective action, representative action, private attorney general action, or any other proceeding where someone acts in a representative capacity. No arbitration or proceeding may be combined with another without the prior written consent of all parties.

To the fullest extent permitted by law, you and BotPulse each waive the right to a trial by jury in any legal proceeding arising out of or relating to these terms or the Service.

Any claim or cause of action arising out of or relating to the Service or these terms must be filed within one (1) year after the claim arose, regardless of any statute of limitations to the contrary. Any claim not filed within this period is permanently barred.

These terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. To the extent that any legal proceeding is permitted outside of arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, and you waive any objection to jurisdiction or venue in such courts.

If you are a consumer residing in the European Economic Area (EEA), certain provisions of these terms may not apply to you to the extent they conflict with mandatory consumer protection laws in your country of residence. In particular:

• The mandatory arbitration and class action waiver provisions do not limit your right to bring claims before the courts of your country of residence.
• Your statutory rights under GDPR (including the right to access, rectify, erase, and port your personal data) are not affected by any limitation of liability or waiver in these terms.
• Any limitation of liability shall not apply to the extent prohibited by applicable EU or member state law.

Nothing in these terms excludes or limits rights that cannot be waived under applicable EU law.

If any provision of these terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. If the class action waiver is found unenforceable, the entire arbitration provision shall be void (but all other terms remain enforceable).

These terms, together with the Privacy Policy, constitute the entire agreement between you and BotPulse regarding the Service and supersede all prior agreements, representations, warranties, and understandings, whether written, oral, or implied. No oral or written statement by any BotPulse representative shall create a warranty or modify these terms.

The failure of BotPulse to enforce any right or provision of these terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by BotPulse.

We may update these terms at any time. Changes are effective immediately upon posting. Continued use of the Service after any change constitutes your acceptance of the revised terms. It is your responsibility to review these terms periodically.

Questions? Email support@botpulse.app.