Terms of Service
Last Updated: April 12, 2025
1. Acceptance of Terms
By accessing or using TokBot.net, its applications, APIs, or any associated services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service. By using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement with TokBot, or if you are using the Service on behalf of an organization, that you have the authority to bind that organization.
1.1 Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the new Terms on our website, through the Service, or by sending you an email. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review the Terms periodically.
2. Description of Service
TokBot provides AI-powered communication tools for businesses to enhance customer engagement across various platforms. Our service includes but is not limited to:
- AI-powered chatbots for text, voice, and video communication
- Analytics and reporting tools
- Integration capabilities with popular communication platforms
- Bot creation and management tools
- Human-managed bot services
2.1 Service Availability
While we strive to ensure that the Service is available at all times, we do not guarantee that the Service will be available without interruption. We reserve the right to suspend or terminate the Service, in whole or in part, for maintenance, upgrades, or other operational reasons, with or without notice.
2.2 Service Changes
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
3. User Accounts
To access certain features of the Service, you may be required to register for an account. You are responsible for:
- Providing accurate, current, and complete information during the registration process
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Promptly notifying us of any unauthorized use of your account or other security breaches
3.1 Account Security
You are solely responsible for maintaining the security of your account. We recommend using strong, unique passwords and enabling two-factor authentication where available. TokBot will not be liable for any loss or damage arising from your failure to comply with these security obligations.
3.2 Account Restrictions
You may not:
- Create multiple accounts for the same person or entity
- Share your account credentials with third parties
- Transfer your account to another person or entity without our prior written consent
- Use the account of another user without permission
4. Subscription and Billing
TokBot offers various pricing models, including pay-as-you-go and subscription plans. By selecting a plan, you agree to pay all applicable fees.
4.1 Pay-As-You-Go Model
Under our pay-as-you-go model:
- You will be charged based on your actual usage of the Service
- Fees are calculated based on the number of interactions or other metrics as specified in our pricing documentation
- We may require a valid payment method to be on file even if there are no immediate charges
- Usage is calculated and billed on a monthly basis or as otherwise specified
4.2 Subscription Plans
For subscription plans:
- Subscription fees are billed in advance on a monthly or annual basis, depending on the plan selected
- Subscription fees are non-refundable except as expressly provided in these Terms
- Subscriptions automatically renew unless cancelled prior to the renewal date
- You may be charged additional fees for usage that exceeds the limits of your subscription plan
4.3 Payment Processing
We use third-party payment processors to bill you. By providing your payment information, you authorize us to charge your payment method for all fees incurred. You agree to provide current, complete, and accurate billing information and to promptly update any changes to this information.
4.4 Taxes
All fees are exclusive of taxes, which we will charge as applicable. You are responsible for paying all taxes associated with your use of the Service, except for taxes based on TokBot's net income.
5. Free Services and Trials
We may offer free services or trial periods for certain features or plans.
5.1 Free Bot Building
Our platform allows you to build and deploy bots without upfront costs. However, usage of these bots may incur charges based on our pay-as-you-go pricing model.
5.2 Trial Periods
For trial periods:
- We may require payment information to be provided before the trial begins
- At the end of the trial period, your account will automatically be charged for the subscription unless you cancel before the trial ends
- We reserve the right to modify or terminate trial offers at any time
- Eligibility for trials is determined at our sole discretion
6. Cancellation and Refunds
You may cancel your subscription at any time through your account settings or by contacting our support team.
6.1 Cancellation Effects
Upon cancellation:
- For pay-as-you-go plans, you will be charged for all usage up to the cancellation date
- For subscription plans, your subscription will remain active until the end of the current billing period
- You will not receive a refund for the current billing period unless otherwise required by law
- You may lose access to certain features, data, or content associated with your account
6.2 Refund Policy
Refunds are provided in accordance with our refund policy:
- Subscription fees are generally non-refundable
- We may provide prorated refunds in certain circumstances, at our sole discretion
- Refunds for pay-as-you-go usage are not provided except in cases of service errors or as required by law
- Requests for refunds due to dissatisfaction with the Service will be evaluated on a case-by-case basis
7. Acceptable Use
You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, or impair our service.
7.1 Prohibited Activities
You may not use the Service to:
- Violate any applicable laws, regulations, or third-party rights
- Transmit any content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
- Engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service
- Attempt to gain unauthorized access to the Service, other accounts, or computer systems
- Collect or store personal data about other users without their consent
- Use the Service for any fraudulent or deceptive purposes
- Use the Service to generate, distribute, or promote spam, malware, or other harmful content
7.2 Bot Content and Behavior
You are responsible for all content generated by your bots and for ensuring that your bots:
- Do not violate any applicable laws or regulations
- Do not infringe on the intellectual property rights of others
- Do not engage in discriminatory, harassing, or abusive behavior
- Do not disseminate false or misleading information
- Clearly identify themselves as automated systems when interacting with users
- Respect user privacy and data protection rights
7.3 Monitoring and Enforcement
We reserve the right to monitor your use of the Service for compliance with these Terms. We may, but are not obligated to, remove or disable access to any content or bot that we determine, in our sole discretion, violates these Terms or is otherwise harmful or objectionable.
8. Intellectual Property
All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are owned by TokBot or its licensors and are protected by intellectual property laws.
8.1 TokBot Intellectual Property
The TokBot name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TokBot or its affiliates. You may not use these marks without our prior written permission.
8.2 Your Content
You retain ownership of any content you submit, post, or display on or through the Service ("Your Content"). By submitting Your Content, you grant TokBot a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute Your Content in connection with providing and improving the Service.
8.3 Feedback
If you provide feedback, ideas, or suggestions regarding the Service ("Feedback"), you grant TokBot a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate the Feedback into the Service or other products or services.
9. Data Privacy
Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to our data practices as described in our Privacy Policy.
9.1 User Data
You are responsible for ensuring that your collection, use, and processing of user data through the Service complies with all applicable laws and regulations, including data protection and privacy laws.
9.2 Data Security
We implement reasonable security measures to protect your data. However, no method of transmission or storage is 100% secure. You acknowledge and accept this risk when using the Service.
10. Limitation of Liability
To the maximum extent permitted by law, TokBot shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Service.
10.1 Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
10.2 Limitation of Damages
In no event shall TokBot's total liability to you for all damages, losses, or causes of action exceed the amount paid by you to TokBot in the twelve (12) months preceding the event giving rise to the liability, or $100, whichever is greater.
10.3 Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless TokBot and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Your bot's content or behavior
12. Termination
We may terminate or suspend your account and access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
12.1 Effects of Termination
Upon termination:
- Your right to use the Service will immediately cease
- We may delete or archive your account data
- You will remain liable for all amounts due up to and including the date of termination
- Sections of these Terms that, by their nature, should survive termination will survive termination
13. Dispute Resolution
Any dispute arising from or relating to these Terms or the Service shall be resolved through the following process:
13.1 Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email.
13.2 Arbitration
If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms or the Service will be settled by binding arbitration, except for disputes in which either party seeks equitable relief.
13.3 Class Action Waiver
Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which TokBot is headquartered, without regard to its conflict of law provisions.
15. General Provisions
15.1 Entire Agreement
These Terms constitute the entire agreement between you and TokBot regarding the Service and supersede all prior agreements and understandings.
15.2 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
15.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
15.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms without your consent.
15.5 Force Majeure
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, or government action.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Email: support@tokbot.net
Address: 123 AI Boulevard, San Francisco, CA 94105, United States
Phone: +1 (800) 555-1234
Last Updated: April 12, 2025