Terms and Conditions

This terms of use was last updated on: January 19, 2024

Its Bot may revise these terms of use for its service at any time without notice. This means, by using this service you are automatically agreeing to be bound by the then current version of these Terms and Conditions of Use.

We advise all visitors to read these terms of use carefully before using our software.

1. PURPOSE

The purpose of these terms of use (the “Terms”) is to define:

The terms and conditions of use applicable to the user (the “User”, “you” or “your”), when using our website located at https://itsbot.ai/ .

The terms and conditions applicable to the use of our software and any other features and/or tools, offered from time to time on the site, including through the License (the “Features”).

Moreover, it's noteworthy to mention that Its Bot is an innovative product crafted by SUITES360 SOLUTIONS PRIVATE LIMITED, a renowned leader in technological solutions. This affiliation ensures a commitment to excellence and reliability in delivering cutting-edge services to our valued users.

2. ACCEPTANCE OF TERMS – CHANGE OF TERMS

Before you begin utilizing the features offered by Its Bot, it is essential to acknowledge and agree to the specified Terms. By accessing or engaging with any of the features, you explicitly affirm your complete and unchangeable agreement to these Terms.

Additionally, it is important to understand that any personal information and electronic communications on our site or while utilizing Its Bot features will be handled in accordance with our data privacy policy. We retain the discretion, at our sole judgment, to amend or replace these Terms at any time.

The most recent version will be conspicuously posted on the site. It is incumbent upon you to review and familiarize yourself with any modifications. Continued use of all or part of Its Bot features will be considered as an acceptance of all modifications and revisions to these Terms.

Stay informed for a seamless experience with Its Bot.

3. PROVISIONS OF AND ACCESS TO FEATURES

3.1. Provider

Unless specified otherwise in these Terms or on the Site, the Site is operated, the License is granted and the Features are offered by Its Bot, registered under (name of company it’s registered under and the number or other necessary information).

3.2. User’s eligibility

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.

Subject to the exception mentioned hereinafter, access to the Features is open exclusively to legal entities. Therefore, you represent and warrant that you have the necessary powers to contract in the name and on behalf of the legal entity that you represent. In the case of a trial membership or the “Basic” offer - the only cases where subscription is open to natural persons - you represent that you have reached the age of majority required in your jurisdiction to access such Features and to enter into any obligations required by the Features.

The Features are exclusively reserved for persons who qualify as professionals within the meaning of the preliminary Article of the Consumer Code, i.e. any natural or legal person, public or private, who is acting for purposes within the scope of his or her commercial activity, including when acting in the name or on behalf of another professional. Therefore, you acknowledge that you qualify as a professional within the meaning of the said Article. You acknowledge that, as a professional, you do not benefit from the protections granted to the consumer by the Consumer Code, including a right of withdrawal.

You also represent and warrant that you are legally authorized in your jurisdiction to use the Features and to interact with the Features in any way. Finally, you represent and warrant that you are solely responsible for compliance with all applicable laws in your jurisdiction, and release Its Bot from any liability in this regard.

3.3. Features

The User has access to the Features described on the Site, in the form and according to the technical means and functionalities that we deem most appropriate. It’s worth noting that the accessible Features vary according to the selected subscription, namely basic, pro or unlimited, or any other subscription offered and detailed on the Site.

3.4. Fees – Pricing

You are required to pay the fees for the use of the Features (and thus including the License) as indicated on the Site. The fees vary according to the subscription you have selected.

The fees for the use of the Features are paid on (insert dates or any necessary information). By way of exception, following the expiry of the trial period, the fees are paid on the termination date on a prorata basis based on the number of days between the termination date and the fourth (4th) day of the next month.

Note: Its Bot does not refund the fees for the use of the Features, whether paid on an annual or monthly basis. In particular, the lack of use of the Features following payment, the deactivation of the account or the transmission of a termination request does not entitle to a refund of the payments made to us. Your invoices are available on the Site. We reserve the right to change the fees or billing terms from time to time in accordance with the Terms.

3.4.1. Fees – Cancellation

Its Bot values flexibility, offering users a range of subscription plans tailored to diverse needs. From basic features to advanced functionalities, each plan caters to specific requirements. Users are billed on a monthly basis, and it's crucial to understand that payments are non-refundable.

Payment Obligations

As part of our commitment to a smooth user experience, we emphasize that users are responsible for the timely payment of subscription fees. Failure to adhere to payment schedules may result in temporary service interruption or, in extreme cases, account termination.

Cancellation Policy

We understand that circumstances may change, and users have the option to cancel their subscription at any time. It's vital to note that cancellations are forward-looking, they impact future months and do not affect the current active month, for which payment has already been processed.

Post-Cancellation Benefits

Even after initiating cancellation, users continue to enjoy the benefits of their subscription until the conclusion of the current billing cycle. This ensures uninterrupted service until the expiration of the active subscription, providing a seamless transition.

Account Termination and Modifications

To maintain a secure and harmonious user environment, Its Bot reserves the right to terminate or suspend user accounts in cases of policy violations. Additionally, as part of ongoing improvements, Its Bot may modify or update the Terms of Service, with users promptly notified of any changes.

Understanding these terms is fundamental to managing your subscription effectively. Its Bot strives to provide a transparent and user-friendly platform, ensuring that users are well-informed about the cancellation process, post-cancellation benefits, and their payment responsibilities.

For any inquiries or further clarification, our team is ready to assist you at [contact@email.com].

Your satisfaction with Its Bot is our priority.

The payment methods accepted are those listed on the Site at the time of payment. By adding a payment method to the Site, you agree to be charged for any unpaid, current or expired subscription periods.

3.5. Registration and User Account

Registration

To use the Features, you must first register with Its Bot by creating a user account (“User Account” or “account”). You may enter payment details when registering but these are not required to qualify for a free trial period or access to the “Basic” offer.

All the information that we request you to provide in connection with the registration must be true, accurate and complete. If we have any reason to believe that such information is not true, accurate or complete, we may refuse your access to the Site, or any of its functionalities, and deny, terminate or suspend your account.

You may only have one User Account at a time. You may not use the Features or create an account on behalf of someone other than yourself. You may not act as a broker, agent or intermediary of any kind.

You are responsible for keeping your account password and login information secret. You agree to keep your secret information and password confidential and to not share them with anyone else and to immediately notify Its Bot of any unauthorized use of your Account or breach of security. Its Bot cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You must not provide any misleading or fraudulent information. Providing false information on your account is strictly prohibited and will lead to termination or suspension of your account.

Identity Verification

In order to ensure Its Bot remains a safe platform for all of our users, and for us to comply with applicable laws which we are subjected to, we may have to verify your identity to access the Features we offer.

3.6. Duration of access to the License

We retain the right to terminate, suspend, or restrict your use of the Its Bot features at any time, without incurring liability, under the following circumstances:

(a) Failure to pay the required fees for feature usage.

(b) Reasonable suspicion of a breach of these Terms or any other applicable provisions.

(d) Concerns about account security or suspicion of fraudulent or unauthorized feature use.

(e) Reasonable belief that such action is necessary to protect our reputation.

It is important to note that, in the event of suspension, limitation, or termination of feature use due to a breach of the Terms, you are not entitled to any payment, compensation, or damages from Its Bot.

Our rights to suspend, limit, or terminate under these Terms are independent and do not prejudice any other rights or remedies we may have, whether under these Terms or any applicable law and regulations. We aim to uphold a fair and secure environment for all users of Its Bot.

Termination by User

You reserve the right to terminate your subscription to the Its Bot features under different circumstances, contingent upon whether your subscription is monthly or annually billed.

For a monthly subscription, where fees are paid on a monthly basis, termination takes effect from the first day following the monthly period in which termination was notified on the Site. For instance, if a subscription begins on April 10 and termination is notified on May 15, termination becomes effective on June 10, not on May 15.

For an annual subscription, where fees are paid annually, termination becomes effective from the first day following the relevant annual period. For example, if a subscription begins on April 1, 2021, and termination is notified on August 15, 2021, termination becomes effective on April 1, 2022.

Access to the features and the associated license remains active until the effective termination date. Given that adherence to the Terms is for a fixed period, monthly or annually, no refund of fees, whether paid monthly or annually, will be granted.

Importantly, you are not entitled to cite your own breach of the Terms, including the inaccuracy of your statements, as grounds for requesting early termination of the features.

These terms aim to ensure clarity and fairness in the subscription termination process.

Consequences of Termination

Upon termination, you forfeit the entitlement and ability to use the Its Bot features and enjoy the associated License. In the event that fees have not been paid in full for the period preceding termination, you are obligated to settle these outstanding fees.

Effective on the termination date, the following actions are required:

(a) All License rights granted under the Terms cease immediately, and you must promptly discontinue all use of the Its Bot Software.

(b) You are mandated to delete all copies of the Its Bot Software from your computers and return any Confidential Information acquired during the course of engaging with the features.

This ensures a clear process for concluding the use of Its Bot features and maintaining compliance with the Terms.

4. DISCLAIMER OF WARRANTIES – LIABILITY

4.1. Disclaimer of Warranties – Risks

You agree that using Its Bot services is your choice, and it comes with some risks. The features and site access are provided "as is" and "as available," without any guarantees. This includes not promising that they'll always fit your needs or that they won't change.

No Control Over Certain Things: We want you to know that we can't control everything. We don't decide who uses the features, how the site content affects your business, or what actions you might take because of what you see on the site.

No Guarantee of Continuous Access:We can't promise that you'll always have uninterrupted, timely, or secure access to the site and features. There might be bugs, errors, or times when things don't work properly. The site and features might also change, and we might not always tell you beforehand.

Your Responsibilities: It's important to understand that Its Bot isn't responsible if you lose data or if things go wrong because you didn't follow the rules outlined here. We can't be held liable for any loss or damage if you don't stick to your responsibilities.

4.2. Limited Liability

You acknowledge and agree that you assume full responsibility for your use of the Its Bot site and features. Any information you send or receive may not be secure and could be intercepted by unauthorized parties. Your use of the site and features is at your sole risk, and the Its Bot software may have defects or vulnerabilities, exposing your information systems to intrusion or corruption.

You are responsible for the security of your systems, programs, and data, as well as configuring your computer hardware for feature access. You also agree not to misuse the features, including transmitting copyrighted material without consent, using offensive terms, or attempting to interfere with the software's proper functioning.

Its Bot, its suppliers, or licensors are not liable for direct or indirect damages, including loss of property, profits, or data. This covers issues like the site or features, unauthorized access, third-party conduct, and technical malfunctions. Even if Its Bot is found liable, its total liability is strictly limited to the fees paid for feature access in the last twelve months before legal proceedings started.

4.3. Indemnification

You agree to indemnify and hold Its Bot, third-party service providers, and each of their officers, directors, agents, joint venture entities, employees, and representatives harmless from any claim or demand. This includes attorneys' fees and any fines or penalties imposed by regulatory authorities.

Section (a): Breach of Terms You agree to indemnify and hold Its Bot, third-party service providers, and their officers, directors, agents, joint venture entities, employees, and representatives harmless from any claim or demand, including attorneys' fees, arising due to your breach of any of these Terms.

Section (b): Use of Features You expressly agree to indemnify and hold Its Bot, third-party service providers, and their officers, directors, agents, joint venture entities, employees, and representatives harmless from any claim or demand, including attorneys' fees, related to your use of the Its Bot features.

Section (c): Violation of Laws or Regulations You expressly agree to indemnify and hold Its Bot, third-party service providers, and their officers, directors, agents, joint venture entities, employees, and representatives harmless from any claim or demand, including attorneys' fees, arising from your violation of any law or regulation in any jurisdiction or infringement upon the rights of any third party.

5. LICENCE

Its Bot provides you with a limited, non-exclusive, non-transferable license for the chatbot software (the "Its Bot Software") and its updates. This license allows you to use, install, and run the Its Bot Software for your business during your commitment.

This license is subject to regular payment of fees for access to the Features, as outlined in Article 3.4 of the Terms.

You acknowledge that the Its Bot Software, including its sequence, structure, organization, and source code, represents valuable intellectual property rights owned by Its Bot or its suppliers. The Its Bot Software is licensed to you, not sold, and no title or ownership is transferred under the Terms. It remains the sole property of Its Bot, with all rights, titles, and interests reserved to Its Bot.

The Terms do not grant a license under any existing or future patents. Additionally, you recognize that, during the provision of the Features, Its Bot may create other software and intellectual works that are wholly owned by Its Bot.

6. CONFIDENTIAL INFORMATION

The term "Confidential Information" refers to any information disclosed by one party (the "Discloser") to the other party (the "Recipient") during the access to or use of the Features. This information is disclosed in writing or orally, identified as "Confidential," or considered confidential by the Recipient.

Our "Confidential Information" specifically includes non-public information related to the software we offer.

The Recipient is obligated to treat Confidential Information provided by the Discloser with confidentiality. The Recipient shall not use such Confidential Information without the prior written consent of the Discloser and shall not disclose it to third parties without such consent. However, the Recipient may disclose Confidential Information to its employees and contractors for business purposes, provided they are bound by the same confidentiality agreement with the Discloser. The Recipient is responsible for ensuring its employees and contractors comply with the terms of the confidentiality agreement.

Exceptions to these restrictions include information that:

(a) the Recipient independently developed without using the Discloser's Confidential Information;

(b) was disclosed by a third party to the Recipient without restriction and within the right to disclose;

(c) was in the public domain at the time of disclosure or enters the public domain without the Recipient's act or omission; (d) was already known by the Recipient without restriction at the time of disclosure; or

(e) is disclosed pursuant to a court order, administrative requirement, or government body, provided the Recipient promptly notifies the Discloser and strives to prevent public disclosure.

Upon the Discloser's request, the Recipient must return or, at the Discloser's option, destroy the originals, copies, reproductions, summaries of the Confidential Information, and any tangible materials or devices provided as Confidential Information.

7. GENERAL PROVISIONS

7.1. Third-Party Links

The Site may include links to other websites, applications, or resources. Since Its Bot has no control over these external sites, applications, and resources, you acknowledge and explicitly agree that Its Bot is not accountable for their availability. Its Bot does not endorse and is not responsible or liable for any content, advertising, products, or other materials present on or obtainable from such external sites or resources.

7.2. Transfer, Assignment or Delegation

These Terms, the associated rights and obligations, and the granted License are limited, revocable, non-exclusive, and personal to you. Consequently, you may not transfer, assign, or delegate them to any third party without written consent from Its Bot. However, Its Bot retains the unrestricted right to transfer, assign, or delegate these terms to any third party without limitation. Any attempted transfer or assignment in violation of this provision will be deemed null and void.

7.3. Entire Agreement

Except otherwise provided herein, these Terms (as amended from time to time) and any document expressly referred to hereof constitute the entire agreement between the parties and supersedes any prior agreement, promise, assurance, warranty, representation, understanding, undertaking or arrangement between the parties relating to the subject matter of these Terms, whether written or oral.

No oral explanation or oral information given by either of us shall alter the interpretation of these Terms. You confirm that, in agreeing to accept these Terms, you have not relied on any representation or information that is not expressly included herein.

7.4. Severability

These Terms shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of these Terms or of any other term or provision hereof. Furthermore, such invalid or unenforceable term or provision shall be changed and interpreted to accomplish the objectives of the initial provision to the greatest extent possible under any applicable laws.

7.5. Language

These Terms are concluded in the French and English language, and all communications including any notices or information being transmitted shall be in English or French.

7.6. Waiver

The delay of enforcement or the non-enforcement of any of the provisions of these Terms by any party shall not be construed as a waiver of any of the other rights of that party under these Terms.

7.7. Notices and Communications

By using the Features, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of the Features: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.

Notices to us should be sent electronically to at: (insert our email).

7.8. Section Titles

The section titles and articles in the Terms are for convenience only and have no legal or contractual effect.

7.9. Governing Law and Submission to Jurisdiction

These Terms and the associated rights and obligations, along with matters connected to their execution, are governed by, construed, and interpreted in accordance with the laws of France.

In case of any disputes arising between the User and Its Bot concerning the formation, interpretation, and execution of these Terms, the parties will make efforts to reach an amicable settlement.

If an amicable settlement is not achieved, any disputes related to the Terms shall be brought before the jurisdiction of the Commercial Court of Nantes.

8. COMPLAINTS

Users with questions, complaints, or claims regarding the Service can reach out to us using the provided contact information above.

9. Refund Policy

Please note that while we offer a generous 15-day free trial for our services/products, we do not provide refunds as per our policy. We encourage users to take full advantage of the trial period to assess whether our offerings meet their needs before making a commitment.