Terms and Conditions - Botdeflector

Scope and use of the subscription

Botdeflector subscription grants the legal entity that has taken out the subscription (the “Customer”) the right to use Botdeflector’s system and services (the “Services”). The subscription may not be used by other people or organizations.

Acceptance of the subscription

Botdeflector subscription terms (the "Terms") are agreed by the Customer by checking the "Accept terms" box during sign-up on https://portal.botdeflector.eu/

Duration and termination of the subscription

At sign-up the Customer is granted a free (limited) Botdeflector subscription running for a period of 3 months. After the trial period, the subscription is terminated unless the Customer upgrades the subscription to a paid plan. Paid plans continue until cancelled by the Customer. Paid plans are billed in advance on a monthly basis. Each plan contains a number of monthly requests to the Botdeflector service. Requests beyond the monthly limit are billed per 1000 extra at a price dependent on the plan. The Customer can cancel the subscription at any time through the customer portal to the end of the current billing period.

Price and payment terms

Prices for each plan are listed on https://botdeflector.eu/pricing. A paid plan subscription requires a valid payment card to be registered at the payment provider. The Customer agrees to pay all fees and charges associated with the subscription plan selected at sign-up or upgrade. Payments are processed by the payment provider. Botdeflector reserves the right to change prices at any time, but changes will not affect existing paid subscriptions until the next renewal date. Failing to pay the subscription fees may result in suspension or termination of the subscription. Botdeflector will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the Services.

Operating stability

Botdeflector aims to provide the highest possible degree of operating stability but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, Botdeflector aims to re-establish normal operations as quickly as possible.

Rights

The System remains the full property of Botdeflector ApS (VAT number DK XXXXX). Individually customized software relating to the Services also remains the property of Botdeflector unless otherwise stipulated. Botdeflector may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.

Liability of Botdeflector

Botdeflector has taken reasonable measures to ensure that the Services are free from virus, bugs, defects, malfunctions, trojans horses but no warranty is given to this effect and Botdeflector shall have no liability if this is not the case. To the extent permitted by law, Botdeflector disclaims all warranties with respect to the Services, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose. Botdeflector shall not be liable to the Customer or any third-party for any indirect, punitive or other damages or losses including, without limitation, damages for loss of profits, business interruption, loss of data or the restoration hereof, claims of infringement of third party intellectual property rights, product liability or personal injury arising out of the use of or inability to use the Services. Botdeflector’s liability will be limited and capped to a total aggregate amount of the value of payments made by the Customer for the period of 12 months before the occurrence of the incident giving rise to the liability. Notwithstanding anything to the contrary in these terms, Botdeflector shall indemnify the Customer against any direct cost and damages awarded by final court ruling to be paid to a third party due to infringement of said party’s intellectual property rights, to the extent that Botdeflector and the Services are liable for such infringement. Botdeflector will furthermore at its option either replace or modify the Services, procure the necessary rights for the Customer to still use the Services or reimburse the original purchase price for the infringing goods. The above shall constitute the Customer’s sole and exclusive remedy for any infringement of third-party rights and Botdeflector shall not be liable for any other loss, damage, or consequential damage due to any such claim.

Data Processing Agreement, privacy policy and Confidentiality

The Data Processing Agreement in https://botdeflector.eu/data-processing-agreement is part of the Agreement and sets out contractual provisions to ensure the protection and security of data passed from the Customer to Botdeflector for processing. Botdeflector has taken the necessary technical and organizational security measures to prevent information saved by the Service from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party, being misused or otherwise treated in a way contrary to Botdeflector’s privacy policy (see: https://botdeflector.eu/privacy-policy). Botdeflector is bound by secrecy in respect of any information received about the Customer and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.

Marketing

Botdeflector shall be entitled to refer to the Customer name and logo and the Services provided in its marketing collateral, including a brief description of such services. Material on the website, flyers, presentations, outreach and any material displayed publicly are considered marketing collateral for the purpose of this clause.

Entire Agreement

The Agreement contain the entire agreement between the Parties and supersede all previous correspondence or communications whether written or oral. Botdeflector may amend these Terms as required from time to time provided that Botdeflector will give Customers no less than 20 days' written notice posted on our website https://botdeflector.eu/terms of such amendments and all such amendments will apply to the next renewal of the subscription.

Force Majeure

Except to the extent provided in this Agreement, Botdeflector shall not be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by a force majeure, and provided the non-performing Party is without fault in causing such default or delay, and such default or delay could not have been prevented by reasonable precautions and could not reasonably be circumvented by the non-performing Party through the use of alternate sources, workaround plans or other means. ‘Force Majeure Event’ means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, failures of the Provider's hosting provider, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).

Disputes

These Terms shall be governed by and construed in accordance with the laws of Denmark (excluding CISG and any rules governing the choice of law and venue). The Danish Courts shall have non-exclusive jurisdiction to determine any dispute concerning these Terms or the subject matter of these Terms.