These Terms & Conditions (“Terms”) govern your access to and use of the Botify Agency website and your purchase and use of services provided by Botify Agency ("Botify", "we", "us"). By signing a proposal, paying an invoice, or using our services, you ("Client", "you") agree to these Terms.
1. Services
Botify provides:
- Website design, development and hosting — custom websites built to an agreed scope.
- AI Receptionist — an automated assistant that handles inbound phone calls, WhatsApp and SMS messages, and email on your behalf, according to the configuration agreed with you.
- Ongoing maintenance — hosting, domain management, security updates, and the fixes and changes described in your plan.
- Business automation and related digital services — as described in your proposal.
The exact scope of each engagement is set out in your proposal or order form. Anything not listed there is out of scope and quoted separately.
2. Fees and Payment
Setup fee. A one-time fee, payable in full before work begins unless agreed otherwise in writing.
Monthly fee. Covers hosting, domain, maintenance, and AI Receptionist usage as described in your plan. Billed in advance on the same day each month.
Currency and method. All fees are in USD and exclusive of any taxes, bank charges or payment processor fees, which are your responsibility.
Usage limits. Your plan may include limits on call minutes, messages, or support hours. Usage beyond those limits is billed at the overage rate stated in your plan.
Price changes. We may change monthly pricing with at least 30 days' written notice. If you don't accept the new price, you may cancel before it takes effect.
3. No Refunds
Setup fees are non-refundable once work has begun. Work is considered begun when we start discovery, design, configuration, or development — whichever comes first.
Monthly fees are non-refundable, including for partial months. If you cancel mid-cycle, the current month is charged in full and service continues to the end of that cycle.
This clause does not limit any rights you have under mandatory consumer protection law where those laws apply to you.
4. Cancellation and Non-Payment
Your cancellation. You may cancel the monthly plan at any time by written notice to support@botifyagency.com. The current billing month is charged in full and is not prorated. Service ends at the close of that billing period.
Late payment. If a payment fails or is not received on the due date:
- We will contact you at your registered email and phone.
- If payment is still not received after a reasonable period, we may suspend the AI Receptionist and any non-essential services.
- If it remains unpaid, we may take your website offline and suspend all services.
- If it remains unpaid after further notice, we may treat the agreement as terminated and delete your data and site files in accordance with Section 9.
Suspension or termination never affects your ownership of any domain you already own.
Our termination. We may terminate immediately for non-payment, breach of these Terms, abusive conduct toward our staff, or use of our services for the purposes prohibited in Section 7.
5. Ownership of Work
Website content. You own the text, images, logos and other content you supply to us, and you own the final content of the website built for you.
Underlying code and systems. Botify retains ownership of its templates, frameworks, components, AI configurations, prompt structures, integrations and any tooling used to build or run your site and receptionist. You receive a non-exclusive licence to use these for as long as your subscription is active.
Domains you already own. If you already own a domain, it remains yours at all times. We will ask you to point it to our hosting or give us the access needed to manage its DNS settings, and you may take that access back or redirect the domain elsewhere whenever you choose. Nothing in these Terms transfers ownership of your existing domain to Botify, and ending your subscription does not affect your ownership of it.
Domains we register for you. If we register a new domain as part of your plan, it is registered and held in Botify's name and managed on your behalf for as long as your subscription is active. It can be transferred to you as part of a migration under the paragraph below.
Hosting. Hosting accounts for your site are held by Botify. You do not acquire ownership of the hosting account by paying the setup or monthly fees.
Migration. If you leave, you may request a migration of your website to your own domain and hosting. Migration is a separate paid service quoted at the time of request, and is available only if your account is fully paid up. Migration includes an export of your site content and files. It does not include Botify's proprietary templates, AI configurations, or internal systems.
Portfolio rights. We may display your project and identify you as a client in our portfolio and marketing, unless you tell us in writing not to.
Our website. All content on the Botify Agency website, including text, graphics, logos, images and code, belongs to Botify or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from it without our written permission.
6. AI Receptionist — Important Limitations
You acknowledge and accept the following.
It is an AI system. The receptionist generates responses automatically. It can misunderstand callers, produce inaccurate information, mishear names or numbers, fail to transfer calls, or miss messages. It is not a human employee and is not guaranteed to be error-free.
No critical use. The AI Receptionist must not be used as the sole channel for emergencies, medical triage, legal or financial advice, or any situation where a failed or incorrect response could cause injury, loss or legal harm. You are responsible for maintaining an appropriate human fallback.
You are responsible for its outputs. The receptionist speaks to your customers on your behalf. Statements it makes — including about pricing, availability, appointments or commitments — are treated as made by your business. You are responsible for reviewing its configuration and for any bookings, quotes or promises made through it.
Recording and consent. The AI Receptionist generates transcripts and summaries of calls and messages. Audio is processed to produce those transcripts.
You are solely responsible for obtaining any consent required by law from callers and message senders. Some jurisdictions — including several US states — require the consent of all parties before a call is recorded, transcribed or monitored. You must display and announce the disclosures required in every jurisdiction you operate in and serve customers from. We can provide a standard disclosure script on request, but reviewing and approving it is your responsibility, and we accept no liability for your failure to obtain consent.
Third-party dependencies. The service relies on third-party providers for telephony, messaging and AI models. More broadly, our services may rely on third-party platforms, APIs and tools. Outages, rate limits, policy changes or price changes by those providers may affect availability, and we are not responsible for their availability, performance or terms, though we will use reasonable efforts to integrate them properly.
7. Your Responsibilities
You agree to:
- Provide accurate business information, content and materials, and respond to requests for input within a reasonable time. Delays on your side extend our timelines.
- Hold all necessary rights to any content, logo, image or trademark you give us, and indemnify us against claims arising from it.
- Comply with all laws applicable to your business, including consumer protection, telemarketing, privacy and consent laws.
- Keep your account credentials secure and notify us of any unauthorised use.
You must not use our services to:
- Send unsolicited bulk calls or messages, or conduct any activity prohibited by the TCPA or equivalent rules.
- Impersonate a person or organisation, or misrepresent the AI as a human where disclosure is required by law.
- Operate anything unlawful, fraudulent, adult, hateful, harassing, or harmful, or anything that violates the acceptable use policies of our telephony, hosting or AI providers.
- Reverse engineer, resell, sublicense or white-label our systems without written permission.
Our website. You agree to use the Botify Agency website only for lawful purposes and not to damage, disable, overload or interfere with its functionality, or to infringe the rights of others or restrict their use of it.
8. Timelines and Revisions
Estimated delivery dates are estimates, not guarantees. Your plan states the number of revision rounds included; additional revisions are quoted and billed separately. If you fail to respond to requests for feedback or content for an extended period, we may consider the project complete and invoice any remaining balance.
9. Data and Privacy
We process call transcripts, summaries, message content, contact details and website data in order to deliver the services. Our handling of that data is described in our Privacy Policy, which forms part of these Terms.
After termination, we may delete your data and site files. If you need an export, please request it before your plan ends.
You remain the controller of your customers' personal data. You are responsible for having your own privacy policy and for the lawful basis on which your customers' data is collected.
10. Availability
We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance, third-party outages, DNS issues, and events outside our reasonable control may cause downtime. No service credits are offered unless expressly stated in a separate written agreement.
11. Warranties and Disclaimer
Services are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy of AI-generated output, and non-infringement.
We do not warrant that the website or AI Receptionist will meet any specific business objective, generate leads, rank in search engines, or produce any particular commercial result.
12. Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost business, lost bookings, missed calls, reputational harm, or loss of data.
- Our total aggregate liability for any and all claims is limited to the total fees you paid to us for the specific service giving rise to the claim.
13. Indemnity
You will indemnify and hold harmless Botify, its owners and contractors against any claim, damage, loss or expense (including reasonable legal fees) arising from your content, your use of the services, statements made by the AI Receptionist on your behalf, your failure to obtain required consents, or your breach of these Terms or any applicable law.
14. Confidentiality
Each party will keep the other's non-public business information confidential and use it only to perform or receive the services. This obligation survives termination.
15. Changes to These Terms
We may update these Terms. Material changes will be notified by email at least 30 days in advance. Continued use of the services after the effective date constitutes acceptance.
16. Governing Law and Disputes
These Terms are governed by applicable law, without regard to conflict of law principles.
The parties will first attempt to resolve any dispute informally by written notice and good-faith discussion for 30 days. If it cannot be resolved, either party may bring the claim in a court of competent jurisdiction.
17. General
Entire agreement. These Terms, together with your proposal, plan and Privacy Policy, constitute the entire agreement and supersede prior discussions.
Severability. If any provision is held unenforceable, the remainder continues in effect.
Assignment. You may not assign this agreement without our written consent. We may assign it to a successor or affiliate.
Subcontractors. We may use subcontractors and third-party providers to deliver the services, and remain responsible for their performance.
Force majeure. Neither party is liable for failure to perform due to events beyond reasonable control.
Notices. Written notice may be given by email to support@botifyagency.com for us, and to the email on your account for you.
Contact Botify: support@botifyagency.com
This document is a draft template, not legal advice. Have it reviewed by a qualified attorney in your operating jurisdiction before use, particularly the sections covering call transcription consent and limitation of liability.