Terms & Conditions

Last Updated July 17th, 2023

Welcome to our website. By accessing and using this website, you accept and agree to be bound by the following terms and conditions:

Botello is a product of Botello.

Botello (“Botello”, “we”, “us”, or “our”) provides Software as a Service (SaaS) that allows our customers to store, manipulate, analyze, and transfer messages between their business systems and their customers on a variety of messaging channels (the “Service"). A “Customer” is an entity with whom Botello has an agreement to provide the Service.

This Botello Terms of Service (the “Agreement”) is an agreement between the Customer and Botello, together the “Parties” and each, a “Party,” and is entered on the date the Customer signs up for a Botello account through the Botello website (the “Effective Date”).

If you register for a Botello account, you acknowledge your understanding of these terms and enter the Agreement on behalf of the Customer. Please make sure you have the necessary authority to enter into the Agreement on behalf of the Customer before proceeding.

If a Customer violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice. If you do not agree to these terms, please do not use our Services.

Botello may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

Botello may refuse service to anyone for any reason at any time.

BY USING ANY ELEMENT OF THE BOTELLO SOLUTION (INCLUDING THE WEBSITE), CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, ACCEPTS, AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE BOTELLO SOLUTION, INCLUDING USE OF ANY PART THEREOF. CUSTOMER REPRESENTS AND WARRANTS TO BOTELLO THAT CUSTOMER HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT. IF CUSTOMER IS USING THE BOTELLO SOLUTION ON BEHALF OF ANOTHER PERSON, CUSTOMER HEREBY REPRESENTS AND WARRANTS TO BOTELLO THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH PERSON TO THIS AGREEMENT.

Botello Platform

Provisioning of the Botello Platform. Subject to Customer’s compliance with the terms and conditions of this Agreement, Botello will make the Botello Platform available to Customer on the terms and conditions set out in this Agreement, provided that: (i) Customer has read and accepted and is in compliance with its obligations under the applicable terms of use related to all applicable Third-Party Messaging Platforms, Pre-Integrated Third-Party Business Applications, and Custom-Integrated Business Applications; and (ii) has taken all steps as necessary to enable interoperability between the Botello Platform and all applicable Third-Party Messaging Platforms, Pre-Integrated Third-Party Business Applications, and Custom-Integrated Business Applications, including acquiring the necessary approvals and API keys, whether directly or via Customer’s Clients, to access these messaging channels as a business.

Modifications to the Service and Fees

Botello reserves the right to modify, suspend, or discontinue the Service at any time for any reason, with or without notice. Botello reserves the right to change our monthly/annual fees upon 30 days’ notice. The fee change will be notified per email to all our subscribers and will be reflected on the pricing page on our website. Botello reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications.

Copyrights & Ownership

Botello expressly reserves all rights, title, and interest in, and Customer will not acquire any right, title or interest in (i) the Botello Solution (or any part thereof) and any other materials or content provided by Botello under this Agreement, including any and all Modifications to any of the foregoing; and (ii) all intellectual property rights in any of the foregoing (clauses (i) and (ii) are collective, the “Botello Property”), in each case. All rights, titles, and interests in the Botello Property will remain with Botello (or Botello’s third-party suppliers, as applicable). Customer may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which Botello or its suppliers own. The customer agrees not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Botello. For greater certainty, the Botello Property is licensed and not “sold” to the Customer. Botello claims no intellectual property rights over the Content you upload or provide to the Service.

Botello’s Right to Use Customer Data

Customer acknowledges and agrees that Botello may store, use, reproduce, modify, and transfer Customer Data, including Personal Data, solely in connection with delivering the Services under this Agreement. Customer further acknowledges and agrees that Botello may store, use, reproduce, modify, and transfer data that is not related to an identified or identifiable natural person, including aggregated or de-identified data, without limitation, for its internal business purposes, including but not limited to such purposes as analytics, quality assurance, product and service improvement, and new product and service development. The customer agrees to cause any Administrative User, Customer’s Client, and Chat Participant to agree to the terms.

Customer Responsibilities

Customer Accounts. Upon Customer’s request, Botello will issue one or more administrator accounts (the “Administrator Accounts”) to Customer that provides Customer with the capability to create accounts for use by individuals who are an employee or contractor of Customer and that Customer wishes to have access to and use of the Botello Platform (each, an “Administrative User”). Customer will ensure that Administrative Users only use the Botello Platform through their Customer Account. Customer will not share their Administrator Accounts with any other person and will not allow Administrative Users to share their Customer Account with any other person. The customer will promptly notify Botello of any actual or suspected unauthorized use of the Botello Platform. Botello reserves the right to suspend, deactivate, or replace any Customer Account or Administrator Accounts if it determines that the Customer Account or Administrator Account, as applicable, may have been used for an unauthorized purpose. Customers are responsible for maintaining the privacy and security of their accounts. Botello will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.

Use Restrictions. Customer acknowledges and agrees that it is responsible for the activities and communications of all Administrative Users and Chat Participants on the Botello Platform, and the compliance by all Administrative Users, Customer’s Clients, and Chat Participants with this Agreement, and any guidelines and policies published by Botello from time to time.

The Customer is fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You are responsible for all Content sent and activity that occurs under your account (even when Content is sent by others to your account).

Botello may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

Without limiting the generality of any of the foregoing, Customer will not, and will not permit any other person (including any Administrative Users, Customer’s Clients, or Chat Participants) to:

- use the Botello Platform to send, upload, collect, transmit, store, use, disclose or process, or ask Botello to obtain from third parties or perform any of the above with respect to, any Customer Data:

that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; that Customer or the applicable Administrative User, Customer’s Client or Chat Participant does not have the lawful right to send, upload, collect, transmit, store, use, disclose, process, copy, transmit, distribute, and display; that is false, intentionally misleading, or impersonates any other person; that is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; that is harmful to minors in any way or targeted at persons under the age of 16; that violates any applicable laws or infringes, violates, or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right, or right of publicity); or that encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability; – disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Botello Platform (e.g., a denial of service attack); – attempt to gain unauthorized access to the Botello Platform; – use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Botello Solution or any part thereof or otherwise attempt to discover any source code, except as expressly provided for in this Agreement; – use the Botello Solution for the purpose of building a similar or competitive product or service; or – use the Botello Solution other than as permitted by this Agreement;

WhatsApp & Usage Policy

The Customer shall adhere to all the terms & conditions set by WhatsApp at all times. WhatsApp may update WhatsApp Business Policy without notice; by continuing to use the WhatsApp Business Products after such change, the Customer consents to such changes. https://www.whatsapp.com/legal/business-policy/

The Customer is not in violation of the WhatsApp Commerce Policy and is not in any of the restricted industries. https://www.whatsapp.com/legal/commerce-policy/

WhatsApp may add limits to businesses on the number of messages to send per day. All Customers must adhere to this Messaging Limit (https://developers.facebook.com/docs/whatsapp/api/rate-limits)

WhatsApp has the absolute discretion to review, approve or reject any Message Templates (as defined in WhatsApp documentation) at any time.

Customer agrees to ensure full compliance with WhatsApp Policies regarding sending of messages

WhatsApp does not offer a way to be notified when a user has blocked your sender, or to retrieve a list of users who have blocked you.

Any violation of these WhatsApp policies may lead to suspension of the number by WhatsApp. WhatsApp has absolute discretion to limit or remove Customer’s access to or use of the WhatsApp Business Products if Customer receives excessive negative feedback, causes harm to WhatsApp or WhatsApp’s users, or violates or encourages others to violate our terms or policies, as determined by WhatsApp in our sole discretion. If WhatsApp terminates your account for violations of relevant WhatsApp Business terms or policies, WhatsApp may prohibit Customer and Customer organization from all future use of WhatsApp products.

Botello shall take no responsibility in case of any such violations. Any additional charges arising due to this shall be borne by the Customer.

Once registered on Botello, Customers cannot reuse the WhatsApp number on WhatsApp Business App or WhatsApp mobile app. The Customer owns the phone number.

WhatsApp Onboarding & Verification Terms

WhatsApp imposes reviews, such as Facebook business verification (https://www.facebook.com/business/help/2058515294227817?id=180505742745347) to ensure the quality of businesses using WhatsApp products. These requirements are prerequisites to using WhatsApp Business API and Botello. Botello will assist with the application and submission process

By using Botello, clients agree to the setup for WABA and WhatsApp business API and will provide all the prerequisite documents as required by WhatsApp & Facebook.

WhatsApp Message Policy

WhatsApp may change acceptable message types and related policies at their absolute discretion at all times.

The Customer may only initiate chats if you are sending a transactional notification, and only via approved Message Templates (as defined in WhatsApp documentation), subject to applicable pricing. Any Message Templates must comply with WhatsApp’s terms and may only be used for their designated purpose. WhatsApp has the right to review, approve, and reject any Message Template at any time. The customer acknowledges that they are responsible for the variable Message Template costs, billed by Botello.

Email and Web Support

Customer will generally have access to Botello's technical support from 10:00 am to 7:00 pm IST on weekdays (other than holidays observed by Botello) through email support or by mailing us at hello@botello.in

Fees and Payment

The Customer will pay Botello the applicable fees described on the Botello website (the "Fees") during the Term in accordance with the payment terms set out herein.

Payment Terms

All Fees shall be in Indian Rupees.

The Fees start immediately after you make the payment.

Botello shall charge and invoice the Customer applicable Fees in advance, by credit card, on the Effective Date and on every anniversary thereafter. Subscription Fees are charged on a pre-pay basis, and usage Fees are charged on a post-pay basis at the end of each month and will cover the use of the variable messages fees for the previous month. All monthly and usage payments are nonrefundable.

The customer is responsible for all charges incurred, including international remittance, bank transfer, and handling fees, and Botello shall receive the total amount stated in the invoice.

There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

Taxes: The Fees set out in this Agreement do not include applicable taxes, duties, withholdings, tariffs, levies, customs, capital or income taxes or other governmental charges or expenses, including but not limited to value-added tax, sales tax, consumption tax, and similar taxes or duties as well as any current or future municipal, state, federal, or provincial taxes, and the Customer will pay, indemnify and hold harmless Botello from the same, other than taxes based on the net income or profits of Botello.

Limitation of Liabilities

The Parties acknowledge that the following provisions have been negotiated by them and reflect a fair allocation of risk and form an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:

AMOUNT. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF BOTELLO IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY THE CUSTOMER IN THE PRIOR 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $500 USD, WHICHEVER IS LESSER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL BOTELLO'S THIRD-PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.

TYPE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BOTELLO BE LIABLE TO THE CUSTOMER OR ANY USER FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (II) LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (III) BUSINESS INTERRUPTION; (IV) ANY COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (V) PERSONAL INJURY OR DEATH; OR (VI) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM), OR OTHERWISE AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.

Term and Termination

The Agreement between the Customer and Botello will commence on the Effective Date and continue to be in effect until the subscription has been terminated in accordance with the terms agreed upon on the Botello website at the time of signup (the "Term"). For greater certainty, if the Customer has subscribed to an ongoing subscription, then the subscription will automatically renew at its expiry for the same period of time, at the then-current subscription rate described on the Botello website.

Termination For Convenience.

Either Party may elect to terminate this Agreement and the Customer's subscription to Botello services as of the end of the then-current Term by providing notice on or prior to the date thirty (30) days preceding the end of such Term. For clarity, unless this Agreement and the subscription are terminated, the subscription will renew for a Term equivalent in length to the then-expiring Term.

The customer is responsible for properly cancelling the Account. An email request to cancel the Account shall result in cancellation. They will not be charged again.

Botello will use all reasonable efforts to contact the customer directly via email to warn them prior to the suspension or termination of the account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of the use of the Service may be referred to appropriate law enforcement authorities. Botello shall not be liable to the Customer or any third party for any modification, suspension, or discontinuation of the Service.

Termination For Non-payment.

Botello reserves the right to suspend Services if the Customer fails to timely pay any undisputed amounts due to Botello under this Agreement, but only after Botello notifies the Customer of such failure and such failure continues for thirty (30) calendar days after such notification. Suspension of Services shall not release the Customer of its payment obligations under this Agreement. The Customer agrees that Botello shall not be liable to the Customer or any third party for any liabilities, claims, or expenses arising from or relating to the suspension of the Services resulting from the Customer's non-payment unless Botello suspends the Services without giving the Customer 30 calendar days written notice to rectify its failure to pay.

Termination will result in the deactivation or deletion of the Account or the access to the Account, and the forfeiture and relinquishment of all Content in the Account. This information cannot be recovered from Botello once the account is terminated. Please be aware of that.

Refunds and Termination Charges.

No refunds or credits for Fees will be provided if the Customer elects to terminate this Agreement prior to the end of the Term. If the Customer terminates this Agreement prior to the end of the Term, in addition to other amounts they may owe Botello, they must immediately pay any then unpaid Fees associated with the remainder of the Term.

Miscellaneous

This Agreement shall be governed by and interpreted in accordance with the laws of India.

This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements, understandings, representations, or warranties between the Parties relating to the subject matter hereof. No amendment to or modification of this Agreement will be binding unless in writing and signed by each Party's authorized representative.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

Any notice required or permitted to be given in writing under this Agreement shall be delivered by email to the email address specified in the Order Form, or any subsequent email address of which a Party has notified the other Party in accordance with this Section. Notice shall be deemed to have been given on the date of transmission if sent by email.