Terms of Service
Overview
We ("Botcopy", "we", "our" or "us") have respect for your information and data and we expect you to have the same level of respect for our service and data. If at any point you feel we are compromising your data and information, or are not receiving a level of service that meets your expectations of us and for your data and information, please let us know. We are committed to operational excellence and delivering the best possible experience for every Botcopy user. The Botcopy service (the "Service" or "Services") is owned, operated and managed by Botcopy Inc. (hereinafter referred to as Botcopy), a Delaware Corporation based in Santa Monica, CA.
Physical Security
Botcopy is hosted on Google Cloud Platform, which represents the pinnacle of physical data center security and environmental controls. Botcopy corporate offices maintain physical security with video surveillance and key access, alongside stringent digital security protocols.
Network Security
Botcopy controls access to our production networks through strictly defined rules and requires multi-factor authentication and encrypted connections. We also utilize intrusion detection systems in our production network and advanced email filtering in our corporate structure to identify potential security threats.
Application Security & Data Protection
Botcopy conducts thorough internal and external testing of our products. Our API operates on Google Cloud Platform's Cloud Run, and our chat window utilizes Cloud Storage, with content delivery optimized by Cloud CDN. Our infrastructure is deployed across Google Cloud's secure and resilient global network. Our cloud solutions comprise Google Cloud Platform and MongoDB, with Stripe managing payment processes. We do not integrate with Dashbot for analytics. To ensure the highest level of data protection, we annually enlist a nationally-recognized third party for rigorous testing of our application and network.
Training and Protocol
Botcopy makes it mandatory for all employees and contractors to sign a confidentiality agreement before the inception of work in any capacity for Botcopy or our customers. Security awareness training is provided to all Botcopy team members. We routinely publish security alerts across our general internal communication channels to ensure everyone on our team is aware of security protocol changes or improvements.
Backup and Crisis Management
Botcopy uses redundant servers to ensure data availability and continuity of service. Botcopy maintains daily backups, meaning that the maximum would likely be no greater than 24 hours in the highly unlikely event of downtime.
Business Continuity Plan
At Botcopy, you and your customer's security is our top priority. While we don't currently store any message history or information about your clients, we take several measures to ensure your protection. We use MongoDB Threat Monitoring - authentication & encryption to monitor our servers 24/7 for potential threats. Our engineering team is located within the USA, Canada, and the EU to take additional action if detected.
In the event of a potential security threat, all accounts affected will be temporarily shut down. Bots on those accounts will be taken offline until the account administrator signs back up. At this time, the administrator will need to re-authenticate themselves, generating a new security token for the account. All bots and account settings will be returned once verified, and the security token is updated. Botcopy will send emails within 48 hours to all accounts affected with step by step instructions on how to get your bots back online.
Access to the Service
Access to the Service is only permitted subject to acceptance of these Terms and Conditions ("TOS"), which Botcopy shall be free to modify at any time without prior notice to you ("you" "the user"). It is your sole responsibility to access this page and ensure that you are in compliance with the most up-to-date version of the TOS at https://botcopy.com/terms. By accessing and using any part of the Service, you agree not to engage in any of the following activities 1) Attempt to send or store data other than through means explicitly provided by the Service, 2) Attempt to reverse engineer the Service, 3) Attempt to share any content that is offensive to others, slanderous, pornographic in nature, or otherwise may be considered inappropriate for public consumption. We reserve the right to block you from the Service, with no prior notice to you for any reason. You shall hold Botcopy harmless in the event of any claim, in one or other of the following cases: 1) Loss of opportunities, or of business income linked to the functioning or non-functioning or use or non-use of the Service, or content available through the service; 2) Illegal or unauthorized access to the Service by any third party, including any intrusion to Botcopy servers; 3) Any network conditions that may affect the speed or performance of the Service; If you are paying Botcopy for access and use to some Services, you will be granted such access immediately after payment has been processed by our payment processor and we receive confirmation. If your payment is declined for any reason, or your payment method expires, we reserve the right to terminate access to any paid Service features without notice, but we will provide an explanation through email or programmatically through our Services.
Each of the Parties undertakes to comply with the regulations in force applicable to the processing of personal data and, in particular, the provisions of Law No. 78-17 of 6 January 1978 as amended and EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 ("GDPR"), hereinafter together the "Regulation".
Each Party thus remains responsible for the databases containing the personal data it has collected.
In the context of the execution of the Service, each Party shall be informed that the information collected by the other Party may be subject to processing, whether automated or not, on which each Party acts as a data controller. As such, the persons concerned by such processing may exercise their rights with regard to their personal data within the limits of the Regulation. The purpose of data processing is the management and monitoring of the execution of the Terms of Service, relations with service providers, and communication on the Parties' activities.
In addition, Botcopy is required to process personal data (or "Data") in the name and on behalf of the Client, within the strict framework of the proper execution of the Service. The details of the processing are specified in this document.
Within the framework of the provision of the Service, Botcopy acts as a data processor of the Data that it processes in the name and on behalf of the Client, who is the Data controller. As a Data processor, Botcopy undertakes to:
Implement the appropriate technical and organizational measures so that the processing of the Data guarantees the protection of the rights of the persons concerned and complies with the Regulations and all other applicable provisions. - to process the Data only for the purposes necessary to provide the Service, on the exclusive account of the Client, and in accordance with the Client's instructions, these Terms of Service constitute the Client's instructions. - inform the Client immediately if Botcopy considers that an instruction from the Client constitutes a violation of the Regulation and, more generally, of any provision of the law of the Union or of the law of the Member States relating to the protection of personal data. - not to disclose the Data to persons other than those authorized by the Client, in the context of the performance of the Service.
You accept that all of our Services shall function "as is" and that any function of the services, including aspects of the Services which are dependent on the services of third parties, are subject to change, or removal without prior notice to you. Botcopy alone shall decide on the expediency of inclusion, or removal of any feature of the Service, or any content available through the Service on its own timeline and at its sole discretion for any and for no reason at all.
Warranty Disclaimer
Botcopy reserves the right, at any time and on any grounds whatsoever, to alter or temporarily, or permanently discontinue any, in whole, or in part, features, and access to the Service, without informing you prior to. Botcopy shall not be held liable for any direct or indirect loss or damage associated with an alteration or suspension of or interruption in access to the Service, the accuracy or inaccuracy of data, or your inability to access the Service, for any reason whatsoever. While we at Botcopy make every effort to ensure the consistent performance and availability of our SaaS product, please be aware that rare outages can occur due to unforeseen circumstances. As with any SaaS product, temporary interruptions in service may be unavoidable. We cannot be held responsible for any loss of business or other damages incurred as a result of such outages. It is recommended that users implement appropriate contingency plans to minimize the impact of potential service disruptions on their operations. By using our SaaS product, you acknowledge and accept the risks associated with relying on a web-based service and agree that our company shall not be liable for any losses or damages resulting from temporary service interruptions.
Copyright
The text, code, logos, drawings, brand names, models, slogans, graphic charts, etc. accessible through the Service may be protected by intellectual and/or industrial property rights. Except where expressly authorized by Botcopy and/or a third party maintaining such rights, you shall not be allowed to modify, reproduce, rent out, borrow, sell, distribute or create derived works based entirely or partially on the elements contained on the website, applications or through any part of the Service. It is therefore not allowed (and may not authorize other people) to copy, modify or create a derived work, reverse the design or assembly or attempt in any other way to find the source code, sell, grant, sublicense or transfer in any way whatsoever, any right relating to content accessible through the Service, or any part of the Service.
Any content including but not limited to messages, text, graphics, audio, video, data, and whether public or private (collectively "Information") that you provide to the Service is Information that you maintain all rights to, or where such rights have been granted by you directly to your end users. You hereby grant Botcopy, without any compensation to you, a perpetual, irrevocable license to publish, re-publish, format, reformat, transmit, upload, download, any Information you provide to the Service. It is your responsibility to ensure you comply with all international copyright and privacy laws with your end users. It is our responsibility to protect our use of this Information in accordance with our Privacy Policy located at https://botcopy.com/privacy.
Your Information
You own and retain all the rights to your Customer Content and you are responsible for protecting those rights. These Terms of Service do not grant us any ownership rights to Customer Content. You grant permission to us to use the Customer Content as necessary to provide the Services and as permitted by these Terms of Service. If you are using our Services on behalf of another party, then you represent and warrant that you have the sufficient and necessary rights and permissions to do so. Botcopy may collect and use data regarding the use and performance of the Services in aggregated form, without the use of any personal data, to analyze and improve the Services and optimize company operations. Any questions concerning your Information can be sent by e-mail to hello@botcopy.com or by reviewing our Privacy Policy located at https://botcopy.com/privacy. By providing your Information to Botcopy, you expressly authorize Botcopy to process this Information for the following purpose: 1) Grant you access to certain features of the Service; 2) Create backups and to store, project and manage Information for the benefit of operating the Service; 3) Improve the quality of the Services offered; 4) Inform you of interruptions in Services, new features of the Service and generally provide support to you for your use of the Services 5) Disclose your Personal Information at the request of a legal authority or in a bona fide course of action where it is deemed that this is required in order to comply with any law or regulations in force.
Botcopy undertakes strict measures to protect the security of your Information and implements the security procedures and technologies needed to prevent unauthorized access to your Information. Your Information is stored on restricted-access computer systems installed in premises protected by surveillance. By means of a dated and signed written request, you can after giving proof of your identity, via a written statement, free of charge, request the correction of any particulars that are incorrect, incomplete or irrelevant, or the removal of your Information entirely from our computer systems, servers, and the Services in general. Notwithstanding, limited Information may be retained by us indefinitely, even if you terminate your access and/or use of the Services, but we would only use this Information in aggregate form, that is, as a statistical measure, not in a manner that would identify you personally. This enables us to maintain data integrity in our reporting in order to analyze and improve the delivery of our Services.
Confidentiality. Each party acknowledges that as a result of the Services provided, such party (the “Receiving Party”) may receive information from the other party (the “Disclosing Party”) that is designated as Confidential Information communicated orally will be considered Confidential Information if the information is confirmed in writing as being Confidential Information within a reasonable time after the initial disclosure. (“Confidential Information”). Your Confidential Information includes, but is not limited to, internal business information, contact information including names and email addresses of clients and prospective clients, and other information about clients and prospective clients. Botcopy’s Confidential Information includes, but is not limited to, information Botcopy provides in its provision of the Services, its business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by Botcopy The Receiving Party acknowledges that the Disclosing Party’s Confidential Information will remain solely the Disclosing Party’s property and proprietary information of the Disclosing Party and that the Receiving Party’s knowledge of the Disclosing Party’s Confidential Information may enable the Receiving Party to cause the Disclosing Party’s irreparable harm upon the unauthorized disclosure of such matters. The Receiving Party covenants and agrees that it will not use or appropriate for its own behalf, or disclose or communicate, directly or indirectly, any of the Disclosing Party’s Confidential Information to any external third-party individual, firm, company or other entity or person without the Disclosing Party’s prior written consent, except to the extent necessary to perform its obligations under the Agreement.
The Receiving Party shall take all commercially reasonable steps required to protect the Disclosing Party’s Confidential Information from unauthorized disclosure to any third party and shall keep the Confidential Information protected while stored with industry standard and commercially reasonable measures typically used in similar commercial sectors.
The foregoing obligations of confidentiality do not apply to any information that: (a) is made publicly known without fault of the Receiving Party; (b) is lawfully disclosed to the Receiving Party by a third-party having the right to disclose the information; (c) is produced by the Receiving Party pursuant to legal process, or under a court or government agency order to be produced, provided that the Receiving Party shall promptly notify the Disclosing Party of the request or order so that the Disclosing Party has a timely opportunity to seek a protective order or other appropriate relief; or (d) is developed by the Receiving Party independently of the receipt of the Disclosing Party’s Confidential Information.
The Receiving Party shall, at the Disclosing Party’s option, return or destroy all Confidential Information in Receiving Party’s possession, and all copies thereof, at any time upon the Disclosing Party’s request.
Publicity. You grant us the right to add your name and company logo to our customer list and website.
General Commercial Terms
Access. During the term of your Order Form, we will provide you with access to the Services.
Fees and Payment. You agree to pay all applicable fees for the Services as set forth on the invoice unless you provide written notice of a dispute regarding such fees no later than 30 days after the invoice date. Any and all payments you make to us for the Services are final and non-refundable. If we agree to accept your payment via invoice rather than via credit card, full payment must be received within thirty (30) days from the invoice date. We will provide you with notice of non-payment of any undisputed amount due. Unless the full amount not in dispute has been paid, we may suspend your access to the Services thirty (30) days after such notice. We will not suspend the access to the Services while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If your Services are suspended for non-payment, we may charge a re-activation fee to reinstate your access to the Services.
Subscription Fees and Payment. If you are paying via a credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a PCI-compliant third party to process payments, and consent to the disclosure of your payment information to such third party. If you are paying by invoice, we will invoice you no later than thirty (30) days before the beginning of the Subscription Term and all other times during the Subscription Term when fees are payable.
Availability. Botcopy will make commercially reasonable efforts to make the Platform available within the defined uptime percentage of at least 99.5% during the monthly billing period.
Warranties. Botcopy represents and warrants that the Services will be provided in a professional and workmanlike manner in accordance with industry standards.
Additional Product Terms
AI Products/Features
Botcopy offers its customers a number of different AI products/features that are powered by large language models (LLM) provided by third party AI companies (“Third Party LLM Provider”) and/or Botcopy's proprietary machine learning (“AI Products”). Use of each of the products/features listed below is governed by the AI Product Terms set out below. Botcopy reserves the right to update the list of AI Products from time to time.
AI Product Terms
1. Processing by Third Party LLM Providers. When using AI Products that are powered by an LLM provided by a third party, the Third Party LLM Provider acts as a sub-processor of personal data submitted to the AI Product(s), including personal data that may be contained in Inputs (defined below) or other Customer Data. All personal data processing activities will be governed by the DPA in place between Botcopy and Customer.
2. Location of Processing. Currently, Third Party LLM Provider's services are hosted in the United States only. If Customer elects to use an AI Product, personal data sent to such Third Party LLM Providers will be processed in the United States (as described in our sub-processors page).
3. ePHI Data. Any Business Associate Agreement entered into between Customer and Botcopy does not apply to any Customer Data used as part of an AI Product. Customer shall be solely responsible for any electronic protected health information (ePHI) submitted to an AI Product by Customer, and Botcopy is not subject to any additional obligations that apply to such ePHI.
4. Inputs and Outputs. Questions, data, content or information submitted to an AI Product by or on behalf of Customer and/or its People (including help center content provided and/or instructed to be used by Customer) (“Inputs”) and answers or other results generated by an AI Product based on such Inputs (“Outputs”) are deemed Customer Data under the Agreement and subject to the rights, restrictions and obligations applicable thereto. Notwithstanding the foregoing, third parties may submit information or materials that generate results that are identical or similar to Outputs (“Third-Party Results”), and Customer acknowledges it has no right, title or interest in or to any Third-Party Results.
5. Accuracy. Outputs may contain material inaccuracies and may not reflect correct, current or complete information. Do not mislead anyone that Output is human-generated. Do not rely, or encourage others to rely, on any Outputs without independently evaluating their accuracy and appropriateness of use, including by using human review. Botcopy makes no representations or warranties and provides no indemnities with respect to Outputs.
6. Rights to Use. Customer permits Third Party LLM Provider to use Inputs and Outputs or other Customer Data submitted to an AI Product as necessary to provide and maintain the AI Product, comply with applicable Laws, and enforce its respective policies. Notwithstanding the foregoing, Botcopy contractually restricts Third Party LLM Provider from using Customer Data for training or otherwise improving Third Party LLM Provider's services for general use.
7. Restrictions on Use. In addition to any general obligations and restrictions pertaining to Customer's use of Services under the Agreement, Customer represents and warrants that:
7.1. Customer's use of an AI Product will not breach or violate the AUP or any third party terms, policies or other agreements, including applicable Open AI policies, nor will Customer use an AI Product to generate content for dissemination in electoral campaigns or content that encourages violence, terrorism, or other serious harm;
7.2. Customer will only provide and/or instruct to be used help center content from publicly accessible website(s) or other sources where its use (including data extraction) is explicitly permitted and/or where Customer is authorized to do so;
7.3. Customer will not, nor permit others, to: (i) use an AI Product to develop any models that compete with Botcopy or Third Party LLM Provider or (ii) use any method to extract data, or infer information, from an AI Product or otherwise attempt to discover underlying components of the AI Product (e.g., models, algorithms, systems) (except to the extent such restrictions are contrary to applicable law); and
7.4. Customer will be fully responsible for use of an AI Product (including any and all Inputs submitted) by any Permitted User and Person as if performed by Customer.
8. Usage Limits; Availability. Botcopy may monitor and limit or suspend Customer's usage of an AI Product if Botcopy believes Customer's usage may bypass or circumvent any rate limits, negatively affect the security, operability, or integrity of any Services, violate the Agreement or otherwise impose liability on Botcopy. No service level agreement with Botcopy applies to an AI Product.
More Information
If you have any questions regarding this TOS document or the Services we provide, please contact us at hello@botcopy.com. To read how we respect your privacy, please review our Privacy Policy located at https://botcopy.com/privacy.
