Terms of Service
This website is operated by BotStar, PTE LTD. Throughout the site, the terms “we”, “us” and “our” refer to BotStar, PTE LTD. BotStar, PTE LTD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The Website is available only to individuals who are at least 16 years old. If you are under 16, you are strictly prohibited from using the Services, and you may not access any features that allow you to provide information to us or communicate and share information with other users of the Application (“Users”). Accordingly, you represent and warrant that you are 16 years of age or older and that you have the right, authority and capacity to enter agree to and abide by these Terms.
Your Account and Bots
If you create a bot on the Website, you are responsible for maintaining the security of your account and bots, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the bots. You must not describe or assign contents to your bots in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and BotStar may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause BotStar liability. You must immediately notify BotStar of any unauthorized uses of your bot, your account or any other breaches of security. BotStar will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors & User Content:
If you operate a bot, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content does not violate any Facebook content guidelines.
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your bot is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your bot is not named in a manner that misleads your readers into thinking that you are another person or Service. For example, your bot’s name is not the name of a person other than yourself or Service other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by BotStar or otherwise.
Unless you notify BotStar before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
Fees & Payments
BotStar is free to use, but provides optional features and plans.
Our charges for monthly plans are posted on our website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level
Optional paid services such as extra data storage, extended data logs, bot templates, bot blocks, modules available on the Website, BotStar App or inBotStore (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay BotStar the monthly or annual subscription fees or once-off fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
As long as you have signed up into BotStar PRO subscription, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
BotStar also includes certain features which enable you to sell goods, content, media and services through in-bot payments.
You are solely responsible for your User Products and payments related activities, and any promotions and related Content contained or referred to in your bot, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online payment activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through third party payment service, in accordance with such Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with payment Service Providers, or for the actions of any of these payment Service Providers.
By using any of our Payments features, you acknowledge, warrant and agree that:
You shall be solely and fully responsible for all Taxes and fees of any nature associated with your payments activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your bot for any questions, complaints or claims; and
You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; Since you operate on Facebook Messenger and Stripe, your products must also comply with Facebook (https://www.facebook.com/policies/commerce) and Stripe (https://stripe.com/us/prohibited-businesses) regulations.
We may, at any time and at its sole discretion, suspend, disable access to or remove your bot and/or any User Products (if any suspicious activity, content or products will be detected or reported)- whether or not incorporated, published with or made a part of your bot at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
You are solely responsible for verifying the identity of users and of the eligibility of a presented payment card used to purchase your products and services, and BotStar does not guarantee or assume any liability for transactions authorized and completed which may later be reversed or charged back. You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. BotStar may add or remove one or more types of cards as a supported payment card any time without prior notice to you.
You and you solely, are responsible for providing service to your customers for any and all issues related to your products and services, including but not limited to issues arising from the processing of customers’ cards through the Service.
You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, Card, or transaction information (defined as “Data”) on your website.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We provide support via Email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by BotStar to respond within one business day). “Priority” means that support for VIP Services customers takes priority over support for users of the free services. All support will be provided in accordance with BotStar standard practices, procedures and policies.
We only do email support for paid customers and reserves the right to not support for free customers or do so at our own discretion.
Responsibility of Website Visitors
BotStar has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, BotStar does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BotStar disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites Third party links
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BotStar.com.BotStar com links, and that link toBotStar.com.com.toBotStar. BotStar does not have any control over those non-BotStar bots and webpages, and is not responsible for their contents or their use. By linking to a non-BotStar’s third party website or webpage, BotStar does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BotStar disclaims any responsibility for any harm resulting from your use of third party non-BotStar websites and webpages and official Bots made by BotStar.
Copyright Infringement and DMCA Policy
As BotStar asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to byBotStar.com.com violates your copyright, you are encouraged to notify BotStar in accordance with BotStar’s Digital Millennium Copyright Act (“DMCA”) Policy. BotStar will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BotStar will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of BotStar or others. In the case of such termination, BotStar will have no obligation to provide a refund of any amounts previously paid to BotStar.
This Agreement does not transfer from BotStar to you any BotStar or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BotStar. BotStar, BotStar.com, BotStar.com, BotStar App, the BotStar.com logo, and all other trademarks, service marks, graphics and logos used in connection with BotStar.com, or the Website are trademarks or registered trademarks of BotStar or BotStar’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BotStar or third-party trademarks.
BotStar reserves the right to display attribution links such as ‘Powered By BotStar.com,’ in your bot’s main menu or in your bot’s description area. Credits may not be removed regardless of upgrades purchased except for the Plan purchased clearly states that the attribution can be removed.
Compliancy with Laws
You represent and warrant that your use of BotStar will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like EU Data Privacy Laws or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce. You are also responsible to notify the end-user of data collection in connection with the Software, as required by applicable law.
If You Are Located In The European Economic Area (EEA) Or Serve End-Users The EEA Market, You Represent And Warrant That In Using The Software, You:
- Have collected, stored, used, and transferred all data relating to any individual in compliance with all applicable data protection laws and regulations.
- You have the necessary permission to allow BotStar to receive and process data on your behalf.
- Acknowledge in all cases that BotStar acts as the processor of Customer Data and your remain the controller of Customer Data for all applicable data protection or privacy laws AND regulations.
- Agree to indemnify and hold BotStar harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
- You agree not to use the subscription service to collect, manage or process sensitive information. we will not have any liability that may result from your use of the subscription service to collect or manage sensitive information.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, services and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses; (l) in any way which violates the Facebook platform policies found here.
You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (1) access, tamper with, or use non-public areas of the Service or BotStar computer systems; (2) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (3) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by BotStar and third-party integrations authorized by us (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with BotStar (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file and is limited to publicly-accessible parts of the Service only, however, scraping the Services without the prior consent of BotStar is expressly prohibited); (4) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (5) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
We preserve the right to limit access to the platform for users and/or Facebook pages whose actions result in degrading the experience of other platform users, other Facebook users, Facebook’s employees, affiliates, or partners, or BotStar employees, affiliates, or partners.
Disclaimer of Warranties
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BotStar, PTE LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
General Representation and Warranty
You agree to indemnify and hold harmless BotStar, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore. BotStar’s mailing address is 68 Circular Road, #02-01, Singapore 049422.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.