BOTFUSION TECH - TERMS AND CONDITIONS

These Terms and Conditions ("Terms") govern your use of Botfusion Tech websites, pages, forms, and related online services ("Services"). By accessing or using the Services, you agree to these Terms.

Scope

These Terms apply to your access to and use of the Services provided by Botfusion Tech ("Company," "we," "us").

Business Use Only

- The Services are for business purposes.

- You represent you are acting for a business and have authority to bind that business.

Agreement & Precedence

- You accept these Terms by using the Services, submitting any form, booking a time, checking an acceptance box, paying an invoice, or signing a statement of work ("SOW").

- If there is a conflict: (1) signed SOW/order; (2) these Terms; (3) any other documents.

Services

- We provide websites/pages/forms, configurations, workflows, scheduling features, messaging enablement, and related online tools as described on our pages or in a written order/SOW.

- Items not listed in writing are out of scope and require a signed change order with additional fees.

- We do not guarantee leads, sales, revenue, conversions, deliverability, or other outcomes.

- We do not provide legal, financial, or compliance advice.

- We strive for high availability but do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

- Our sole obligation for service disruptions is to use commercially reasonable efforts to restore access.

Fees, Billing, Cancellation

- Setup and service fees are billed in advance and are non-refundable.

- Services renew month-to-month unless you cancel with at least 10 days' written notice before the next billing date.

- Cancellation does not relieve amounts already due.

- We may suspend or terminate for non-payment.

- Past due amounts accrue interest at 1.5% per month (18% annually) or the maximum allowed by law, whichever is less.

- You are responsible for all collection costs, including reasonable attorneys' fees, if we must pursue payment.

Payment Disputes

- Before any chargeback or payment dispute, you must notify us in writing and allow 10 business days to resolve.

- A chargeback is a material breach. You agree to reimburse the chargeback amount, processor fees/penalties, a $250 liquidated damages fee per chargeback to cover administrative and processing costs, and reasonable costs to contest the dispute.

- We may suspend Services and pursue collections.

Messaging

- First-party sender: SMS from Botfusion Tech is sent only to individuals who have explicitly opted in via Company pages/forms.

- Consent required: Messages are sent only after a user submits a phone number and checks a required consent box displayed with disclosures.

- Disclosures presented at opt-in and honored in messages:

  - Message frequency varies

  - Message and data rates may apply

  - Reply STOP to opt out; reply HELP for assistance

- No purchased, rented, or shared lists.

- STOP requests are honored; no further messages to opted-out numbers unless a new opt-in occurs.

Third-Party Services

- The Services may rely on third-party providers (e.g., hosting, analytics, operational tools).

- We do not control third-party services and are not responsible for their availability, security, pricing, policies, outages, or changes.

- Use of third-party services is governed by those providers' terms.

- Third-party failures or changes do not constitute a breach by Botfusion Tech.

Privacy

- Your use of the Services is subject to our Privacy Policy, which explains data collection, use, disclosure, retention, and your rights.

- The Privacy Policy is incorporated by reference.

Client Responsibilities

- You are responsible for the accuracy and legality of information you submit; for complying with applicable laws/regulations and carrier/platform policies; and for keeping your access secure.

- You retain ownership of all content, data, and materials you provide.

- You grant us a non-exclusive license to use, store, and process your content solely to provide the Services.

- Upon termination, we will provide your data in a standard format within 30 days if requested. After 30 days, we may delete your data.

Client Representations & Warranties

- You represent and warrant that: (a) you have authority to enter these Terms; (b) your use complies with all laws; (c) your content does not infringe third-party rights; (d) you have obtained all necessary consents for data you provide.

Intellectual Property & License

- All pages, forms, configurations, content, and materials we provide are our intellectual property unless otherwise stated.

- Subject to payment and compliance, we grant you a limited, non-exclusive, non-transferable license to access and use delivered configurations for your internal business purposes during the term.

- You may not copy, resell, sublicense, reverse engineer, or reuse our materials without written consent.

Confidentiality

- Each party must protect the other party's non-public information using reasonable care and use it only to perform under these Terms.

Compliance

- You must comply with all applicable laws/regulations and carrier/platform policies when using the Services.

- We do not warrant that any particular use is compliant.

Assignment

- You may not assign or transfer these Terms or any rights hereunder without our prior written consent.

- We may assign these Terms to any successor or acquirer without your consent.

Export Compliance

- You agree to comply with all applicable export and import control laws and regulations.

Indemnification

- You will defend, indemnify, and hold harmless Botfusion Tech from claims, fines, penalties, losses, liabilities, costs, and fees (including reasonable attorneys' fees) arising from:

  - Your content or submissions

  - Your violation of laws or policies

  - Your misuse of the Services

Limitation of Liability

- To the maximum extent permitted by law, our total liability for all claims in the aggregate will not exceed the fees you paid to us in the 30 days before the event giving rise to the claim.

- We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits or business interruption.

Termination

- We may suspend or terminate the Services immediately for non-payment, violation of these Terms, legal or platform risk, or misuse/abuse.

- Accrued fees remain payable.

- No refunds or prorations for partial months, regardless of termination reason or party.

Survival

- The following sections survive termination: Fees, Payment Disputes, Intellectual Property & License, Confidentiality, Indemnification, Limitation of Liability, Disputes/Arbitration, No Warranties.

Force Majeure

- We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Disputes; Arbitration; Class Waiver

- Before arbitration or litigation, you must provide written notice of the dispute and allow 30 days to resolve.

- Any unresolved dispute will be resolved by binding arbitration under the AAA Commercial Rules, before a single arbitrator, governed by Nevada law, in Nevada or remotely at our election.

- You waive any right to a jury trial and to participate in a class, collective, or representative action.

- If a claim is frivolous or filed in bad faith, the filing party will reimburse the other party's arbitration and reasonable attorneys' fees.

Notices

- All notices must be in writing and sent via email to the email address on file (for clients) or to [email protected] (for Company).

- Email notices are effective upon sending.

- For legal disputes requiring formal notice, certified mail to the business address on file is also acceptable.

No Warranties

- Services are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied.

Severability

- If any provision is unenforceable, the remaining provisions remain in effect.

Entire Agreement

- These Terms, together with any signed SOW/order and the Privacy Policy, are the entire agreement and replace prior discussions.

Modifications to Terms

- We may modify these Terms at any time by posting updated Terms on our website.

- Continued use of the Services after changes constitutes acceptance.

- Material changes will be communicated via email at least 30 days in advance.

- If you do not agree to changes, you may cancel per the cancellation terms.