Terms of business

1. About these terms

• These terms apply to all purchases from BotTellMe, company reg. no. (CVR) 28003439, Fuglegårdsvej 20A, 2820 Gentofte, Denmark, info@bottellme.com: advisory services, solutions, courses, workshops, keynotes and subscriptions to BotTellMe Chatbots (chatbots.bottellme.com).
• If there is a written agreement, such as an offer, an order confirmation or an Enterprise agreement, it takes precedence over these terms.
• We only sell to businesses, organisations and public authorities, not to consumers. There is therefore no right of withdrawal. Whoever accepts these terms confirms that they act on behalf of the organisation and may bind it.
• Sections 10, 11(1) and 12 of the Danish E-Commerce Act do not apply between us.

2. Prices and payment

• All prices are in Danish kroner (DKK) excluding VAT.
• Subscriptions and add-ons in BotTellMe Chatbots are paid in advance by card via Stripe.
• Other services are invoiced with payment within 8 days, unless otherwise agreed.
• For late payment, we charge interest and compensation under the Danish Interest Act.

3. Advisory services, solutions, courses, workshops and keynotes

• Content, time and price are agreed in the offer or order confirmation. Without a fixed price, we charge for the time spent.
• You can cancel free of charge up to 14 days before. After that, you pay the full price. You are welcome to send another participant instead.
• If we have to cancel or move a session, for example due to illness, we offer a new date or refund the amount paid.
• We advise to the best of our ability, but you make your own decisions.
• You may use material from courses, workshops and keynotes internally in your organisation. You may use solutions we develop for you once they are paid for. The rights to our material, code, tools and methods remain with BotTellMe, unless otherwise agreed.

4. BotTellMe Chatbots

Account and draft

• Creating an account and trying a draft chatbot is free. An organisation that does not get a subscription within 30 days is deleted together with its chatbots.
• You are responsible for who in your organisation has access and for keeping logins to yourselves.

Subscription

• The plans' content and prices are those shown on chatbots.bottellme.com when you bought.
• The subscription runs for one month or one year at a time and renews automatically with payment in advance until it is cancelled.
• You can cancel at any time in the portal. The subscription ends when the paid period ends, and paid periods are not refunded.
• Switching to a more expensive plan takes effect immediately against payment of the difference for the rest of the period. Switching to a cheaper plan takes effect at the next renewal.
• If a payment fails, your chatbots are switched off until it is paid.
• We may change prices with 30 days' notice by email. The change applies from the first renewal after the notice.

Your responsibility

• You are responsible for the content the chatbot answers from (websites, texts and files) and for having the right to use it.
• You are the controller of the conversations on your website and must inform your visitors about the processing, for example in your privacy policy. The data processing agreement applies to our processing.
• Do not put sensitive personal data into the chatbot, and do not ask it to collect such data.
• You must not give visitors the impression that they are chatting with a human.
• You must not use the service for anything unlawful, try to bypass its limits or put an abnormal load on it.

Answers from AI

The chatbot uses language models and may give wrong, incomplete or inappropriate answers, even when it answers from your own content. The answers are not advice from BotTellMe, and you are responsible for how you use the chatbot with your visitors.

Operation and changes

• We provide the service as is. We work to keep it running at all times but do not promise a specific uptime or response time.
• We may change and develop the service and change suppliers, as long as the plan's essential content is kept.
• We may close the service temporarily for maintenance and for security reasons.
• In case of misuse, a security risk or a breach of these terms, we may block a chatbot or an account without notice.

Your data and switching provider

• Your content and conversations belong to you. Conversations can be exported in the portal.
• If you want to switch to another provider or your own solution, you can terminate with no more than 2 months' notice, also on a yearly subscription. Subscription fees already paid are not refunded.
• On request, we hand over your data (conversations, enquiries, sources, texts, files and the chatbot's settings) in a common machine-readable format within 30 days. This is free of charge.
• You have at least 30 days after the end of the agreement to have your data handed over. After that, we delete it as described in the data processing agreement.

5. Rights

• You keep the rights to your content and give us the right to use it to the extent needed to deliver the service.
• BotTellMe holds all rights to the platform, the chatbot and our material. You get a non-exclusive right to use them while the agreement runs.
• We may use anonymised usage figures to run and improve our services.
• We may mention you as a customer with name and logo, unless you ask us not to.

6. Liability

• We are not liable for indirect losses, such as operating losses, lost profits, loss of data or goodwill.
• Our total liability is limited to the amount you have paid for the service the claim concerns in the 12 months before the damage.
• We are not liable for circumstances beyond our control (force majeure), such as failures at internet or power providers, cyber attacks, war or orders from authorities.
• These limitations do not apply if we have acted intentionally or with gross negligence.
• You indemnify us against claims from others caused by your content or your use in breach of these terms.

7. Confidentiality

We each keep the other's confidential business information confidential, also after the agreement has ended.

8. Personal data

How we process personal data about you is described in our privacy policy (bottellme.com/en/privacy). For BotTellMe Chatbots, our data processing agreement also applies (bottellme.com/en/dpa).

9. Changes to these terms

We may change these terms with 30 days' notice by email or in the portal. If a change is materially to your disadvantage, you can terminate with effect from the day it takes effect. Otherwise the new terms apply from that day.

10. Governing law and disputes

Danish law applies. Disputes are settled by the Danish courts with the District Court of Lyngby as the court of first instance.