Terms of Service

Last Modified: October 25, 2023

Acceptance of the Terms of Service

By accessing, utilizing, or visiting https://bot3.ai/ (hereinafter referred to as the " Platform") or any of our Communities , included by not limited to our Communities on Discord, including any content, functionalities, and services offered, you are indicating your acceptance and agreement to these Terms of Service (" Terms").

These Terms are applicable to all users of the Platform and our Communities. All such parties are collectively referred to as " you", " User", or " Users", as contextually appropriate, regardless of whether the Platform and Communities are accessed via computer, mobile device, or any other technological medium or method. The Terms are an agreement formed between you and BOT3.AI Inc. ("Bot3.ai", "us", or "we").

Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.

Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to BOT3. AI, (Corporate Office), that is responsible for your information under this Terms & Conditions.

Country: where BOT3. AI or the owners/founders of BOT3. AI are based, in this case is America.

Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit BOT3. AI and use the services.

Service: refers to the service provided by BOT3. AI as described in the relative terms (if available) and on this platform.

Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

Website: BOT3. AI’s site, which can be accessed via this URL: https://bot3.ai/

You: a person or entity that is registered with BOT3. AI to use the Services.

Age Requirement

BOT3. AI is committed to providing a safe Platform for our users. Our Platform is strictly intended for individuals who are at least 18 years of age.

If you're under the age of 18, you are not permitted to use this Platform, create an account, or participate in any of our Communities. We take this policy very seriously and will actively remove accounts suspected to belong to individuals under the age of 18.

By using BOT3. AI, you confirm that you are over 18 and that you'll abide by these terms. Misrepresentation of your age violates our Terms of Service and may result in immediate account termination.

Acceptable Use

You agree not to use the Platform & Communities to collect, upload, transmit, display, or distribute any Content that:

violates any third-party right or any intellectual property or proprietary right;

is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, defamatory, false, intentionally misleading, trade libelous, pornographic involving minors, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

is harmful to minors in any way; or is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to:

upload, transmit, or distribute to or through the Platform & Communities any software intended to damage or alter a computer system or data;

send through the Platform & Communities unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;

use the Platform & Communities to harvest, collect, gather or assemble information or data regarding other users without their consent;

interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform & Communities, or violate the regulations, policies or procedures of such networks;

attempt to gain unauthorized access to the Platform & Communities, whether through password mining or any other means;

harass or interfere with any other user's use and enjoyment of the Platform & Communities; or use software or automated agents or scripts to produce multiple accounts on the Platform & Communities, or to generate automated searches, requests, or queries to the Platform & Communities.

We reserve the right to review any Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Content, terminating your Account, and/or reporting you to law enforcement authorities.

Payment

If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide BOT3. AI with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Premium plan. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing BOT3. AI with your credit card number and associated payment information, you agree that BOT3. AI is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to BOT3. AI hereunder and that no additional notice or consent is required. You agree to immediately notify BOT3. AI of any change in your billing address or the credit card used for payment hereunder. BOT3. AI reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization’s administrator(s).

Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.

No contract will exist between you and BOT3. AI for the Service until BOT3. AI accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

You are responsible for any third-party fees that you may incur when using the Service.

Return and Refund Policy

Thanks for shopping at BOT3. AI. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products.

As with any shopping experience, there are terms and conditions that apply to transactions at BOT3. AI. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at BOT3. AI, you agree to the terms along with BOT3. AI’s Privacy Policy.

If, for any reason, You are not completely satisfied with any good or service that we provide, don't hesitate to contact us and we will discuss any of the issues you are going through with our product.

Intellectual Property Rights

User Content Uploaded to the Site. With respect to the content or other materials you upload to or create using the Services (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, or are otherwise permitted to use them for the applicable purposes, for example by license or legal exception or limitation. By creating or uploading any User Content you own or create using the Service, you retain all rights in it (to the extent you would otherwise hold such rights) and hereby grant and will grant BOT3. AI to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any Character AI-related purpose in any form, medium or technology now known or later developed.

Characters and Generations. For any automated AI character ("Character") that you create or upload using the Service, you own all rights in that Character (and to the extent you create derivative works, you own all rights you otherwise would own in them) and any text, images or video it generates ("Generations") that are elicited directly or indirectly by you, and grant to BOT3. AI and to any BOT3. AI user who elicits Generations from your Character to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the Character you created and any related Generations for any purpose in any form, medium or technology now known or later developed. As to a user interacting with a Character created or uploaded by another user or created or uploaded by BOT3. AI, the user who elicits the Generations from a Character owns all rights in those Generations and grants to both BOT3. AI and the creator(s) of the applicable Character a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use any Generations. For avoidance of doubt, violations of BOT3. AI's Acceptable Use Policy unrelated to intellectual property issues does not affect the user's intellectual property rights in any Characters or their Generations.

Website or Services Content, Software and Trademarks. You acknowledge and agree that the Website or Services may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Website or Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by BOT3. AI from accessing the Website or Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website or Services, or the Site Content, other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by BOT3. AI.

The BOT3. AI name and logos are trademarks of BOT3. AI (collectively the “BOT3. AI Trademarks”). Other trademarks used and displayed via the Website or Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to BOT3. AI. Nothing in these Terms or the Website or Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of BOT3. AI Trademarks without our prior written permission in each instance. All goodwill generated from the use of BOT3. AI Trademarks will inure to our exclusive benefit.

Third Party Material. Under no circumstances will BOT3. AI be liable in any way for any content or materials of any third parties, including character bots created by third parties and any Generations resulting from such character bots, including, but not limited to infringement of intellectual property rights, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that BOT3. AI does not pre-screen content, but that BOT3. AI and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website or Services. Without limiting the foregoing, BOT3. AI and its designees will have the right to remove any content that violates these Terms, or is deemed by BOT3. AI, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or Services (“Submissions”) provided by you to BOT3. AI are non-confidential and BOT3. AI will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment of or compensation to you.

Term and Termination

These Terms will remain in full force and effect while you use the Platform & Communities. We may suspend or terminate your rights to use the Platform & Communities at any time for any reason at our sole discretion, including for any use of the Platform & Communities in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Platform & Communities will terminate immediately. You understand that any termination of your Account may involve deletion of your Content associated with your Account from our live databases. We will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the Terms will remain in effect.

Disclaimer

The platform & community are provided "as is." Except to the extent prohibited by law, we make no warranties (express, implied, statutory or otherwise) with respect to the platform & community, and disclaim all warranties including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant that the platform & community will be uninterrupted, accurate or error-free, or that any content will be secure or not lost or altered.

Notice of Dispute

In the event of a dispute, you or BOT3.AI must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: hi@bot3.ai ) BOT3.AI will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and BOT3.AI will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or BOT3.AI may commence arbitration.

Binding Arbitration

If you and BOT3. AI don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Changes to the Terms of Service

We retain the right to modify these Terms of Service at any time and without providing prior notice. It is your responsibility to periodically review these Terms of Service for any amendments. Your continued use of the Website following any modification of these Terms of Service will indicate your acceptance of and compliance with the revised terms.

Upon posting, the latest version of the Terms of Service immediately supersedes all preceding versions, which will cease to have any legal effect.

Contact Us

If you have any questions about our Services, or to report any violations of these Terms or our Acceptable Use Policies, please contact us at hi@bot3.ai .