Terms and Conditions
Last Updated: 15 December 2021.
This document describes the Terms and Conditions for the use of Botster.io Platform (“Platform”), in connection with which you are accepting this agreement. These Terms and Conditions are a legally binding contract between you and us.
This Platform and our Services, including its Website (https://botster.io/) are operated and belong to Botster.io (hereinafter jointly referred to as "Botster.io” and/or “We” and/or “Us”).
For the purposes of this document, “User” and/or “You” means any individual or entity who may access and/or register and use our Platform and Services.
Please read the definitions applicable to these Terms and Conditions in Section 29 set out below.
2. Our Details
Our information is as follows:
- Business name: Botster.io
- Owner: Denis Evgenyevich Grammakov
- Address: Rawai, Muang, Phuket, Thailand 83130
- Website: https://botster.io/
- Email: email@example.com
3. Platform Eligibility
The use of the Platform and Services is exclusively available for individuals and entities who can enter into legally binding contracts as prescribed under local and/or international applicable law.
Individuals who are above the legal age as prescribed by applicable laws, and entities as to being competent to enter into a legally binding contract, are eligible to use our Platform and Services.
Individuals who are below legal age as prescribed by applicable laws (“minor”), as being incompetent to enter into a contract, as well as individuals or entities un-discharged insolvents, who cannot create legally binding contracts under law, are not eligible to use our Platform or any of our Services.
By accessing and using our Platform and Services, you represent that you hold the legal age of majority; or are a legal entity with full legal capacity to use this Platform and Services.
4. Botster.io Services
Botster.io is a platform that offers Software as a Service aimed at people and businesses interested in using bots or scripts (“Bots”) to retrieve, monitor and analyze data, as well as automate tasks for their professional activities or services ("Services").
Botster.io offers its Users effective and easy to use Bots as other tools to ease their business needs, in some cases for free, or at affordable prices ("Tools").
We offer the following Tools:
- Zero Code Bots: Bots for data recovery, monitoring and automation, as described on our Website, as well as custom Bots, according to the needs of your business.
- Botster.io Chrome Extension: Contributes to speed up your workflow by retrieving and automatically pasting your session ids from social networks into the required bot fields.
- Botster Affiliate Program: By becoming one of our Affiliates, you may monetize your contents on social networks or blogs and earn up to 10% commission fees on our profits from each sale you bring to Botster.io.
Botster.io Services also includes a Developer Program that allows our Users to use our API to connect their Bots to our Platform and make them available to other Users on our Website.
By registering with us to use our Services, you will have the following benefits:
- Free test credits;
- Free data storage;
- Slack and Telegram access;
- Increase your productivity;
- Video features;
- Live chat support.
5. User Account
To use our Services you must first register on our Platform where you will have access to an account (“Account” and/or “User Account”). To register on the Platform you must provide the following information:
- First Name.
- Last Name.
- Payment Method.
Once you have registered with us, you may purchase the Credits available on our Platform that will enable you to use our Services. You may find Credits available by clicking on the Pricing Section in our Website, as described in Section 6 below.
You will be exclusively responsible for maintaining the confidentiality of your User Account and password and for restricting its access to any third party.
You must be responsible for all activities carried out under your User Account login and the use of your password.
You agree to immediately notify Botster.io if any unauthorized use of your password or User Account occurs, as any other breach of security, and ensure to logout from your User Account at the end of each session.
Botster.io will take all commercially reasonable measures to protect your information against accidental or unlawful destruction, loss, unauthorized access, including measures to encrypt such information.
You shall provide true, accurate, complete and relevant information, in all instances where such information is required by us.
We reserve the right to confirm, verify and validate the information and other details you have provided us. If upon confirmation, any of your information or any details are found to be wholly or partially inaccurate, then we will have the right in our sole discretion to reject, cancel or terminate your User Account and your Credits and restrict you from the access and/or use of the Platform and Services, including any Tools, without prior written notice whatsoever. Without prejudice to any other rights available, we have the right to issue a claim against you for providing inaccurate information in addition to any other legal remedies available.
6. Credits and Pricing
Botster offers an internal payment method through the "Credits" option that allows them to quickly and securely purchase Bots and other Services provided by Botster.io through the Platform.
Please note that our Bots have different prices, and their cost is also subject to the tasks to be performed by each Bot.
For your convenience, we have enabled a calculator form which you can access in the Pricing Section of our Website.
This feature will display the amount of credits each Bot requires to perform any of your tasks.
You will have the option to purchase Credits as you may require (pay per use), according to the specifications of each Bot and the tasks to be performed, or you may select a monthly subscription, automatically renewable each month, available for you in the Pricing Section.
Credits purchased through monthly subscriptions do not expire, even if you choose to cancel your subscription.
Botster.io also offers Discount Passes for Botster Plus subscribers, which allows them to save up to 30% on each Bot.
Botster.io reserves the right to modify, from time to time, at its sole discretion, the price applicable to Credits required for the use of our Bots and other Services, as well as the value of Discount Passes. In regards to Credits purchased on a monthly subscription basis, we will notify Users of any change of price, 15 continuous days in advance, and such change will start applying in the following month.
7. Payment Methods
Botster.io accepts the following payment methods to purchase the Credits (“Payment Methods”):
- Credits Cards;
- Apple Pay; and
- Any other payment method specified on our Website.
We use https://paddle.com (“Paddle”) as the service provider to process our payment transactions on the Platform. For this reason, we do not collect and/or store your payment method information. All payment information entered by you will be encrypted by Paddle. Communications to and from Paddler will also be encrypted.
Payment Methods and details provided by you must be legitimate, valid and accurate. Botster.io will not be liable for any Payment Methods fraud resulting from inaccurate, incorrect, or unlawful information provided to our payment services provider by you. Any liability arising from fraudulent acts to Payment Method by you, as any responsibility to prove otherwise shall be exclusively on you.
8. Acceptable Use and Restrictions
The use of the Platform and our Services (including all our Tools) are subject to the following rules and restrictions:
- You must only use the Platform in connection with the Services offered by Botster.io.
- You must use the Platform and Services for your professional or business activities only.
- You must not use the Platform and Services in violation of any laws, regulations, ordinances or regulations.
- You must not use or attempt to use the Platform and Services, to:
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Platform and/or Services.
- Send, submit and/or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.
- Promote, involve, incite or produce any activity and/or conduct and/or content and/or material that is unlawful, fraudulent, abusive, prohibited and/or in any way objectionable.
- Extract, scrape, monitor, analyze, store and/or use data or any information available on any website and/or platform and/or social network and/or the like, in breach of any restriction and/or prohibition set forth therein and/or in violation of any applicable law or regulation. For more details, please refer to Section 9 and 16 below.
- Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to the Platform and/or Services, or any property, devices, software, services, networks or data connected to, or inter-operating with the Platform and/or Services, or to any content or data stored, accessed or delivered through the Platform and/or Services, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature.
- Defeat or circumvent, attempt to defeat, or authorize or assist any third party in defeating or circumventing controls on the use of the Platform any of the Services.
- Change, modify or otherwise alter the Platform and/or its Services.
- Copy and/or reproduce the Platform and/or its Services in any manner and/or through reverse engineering and/or disassemble, decompile, translate, reconstruct, transform or extract or any portion of the Platform and/or its Services, including any related malware signatures and malware detection routines.
- Copy, modify, use, share, reproduce, commercialize and/or disclose for its own benefit or for the benefit of any third parties, in its original or translated form, or in any other way, whether directly or indirectly, any Service and/or Tool and/ Bot and/or any information and/or material and/or content belonging to Botster.io, including its derivatives, without the prior written authorization of Botster.io.
9. About Data Scraping
Data scraping (“scraping”) is defined as the act of accessing any data on a website, platform and/ any social network via HTTP requests to the relevant server and extracting very specific information from that data.
Please note that data scraping may be considered illegal in some cases by applicable laws or regulations, if such data extraction activity is performed on data that is not publicly available, or that requires for its access the use of a username and password (login) by the owner of such data or by the individual expressly authorized by therefrom.
Botster.io does not provide legal advice of any kind regarding any data scraping activity or project you undertake or intend to undertake while using our Platform and Services. If you are in doubt about any legal aspect of this and/or need legal advice, we strongly recommend that you obtain prior legal advice from a qualified professional.
Please note that in the event that we are informed that you have engaged in data scraping activity in violation of these Terms and Conditions or any applicable law or regulation, Botster.io may, in addition to any other remedies available to us at law or in equity, seek indemnification or redress against you, including but not limited to recovery of Botster.io's legal fees and expenses, as well as terminate your User Account and/or any Credit subscription and/or Discount Pass without notice to you, and restrict you, your owners, employees, agents and affiliates, from using our Platform and Service thereon.
In matter of law compliance, our policy is to cooperate with all law enforcement agencies and other third parties, including but not limited to any website, platform and/or social network, in investigating improper or illegal activity involving any of our Bots and/or Tools and/or any Service provided by us, and such cooperation may involve the disclosure of your User data and any other information about you in our possession.
To know about the disclaimers of liability applicable to Botster.io and the extent of your responsibilities as a User with respect to any data scraping activities when using our Platform and Services, please refer to Section 16 of these Terms and Conditions.
10. License of Use
You agree the License of Use granted herein is provided on a temporary basis and may be withdrawn by Botster.io at any time. All rights not expressly granted are reserved.
11. Use of Trademarks and Logos
By using our Platform and Services, you grant Botster.io a perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, publish, publicly perform, publicly display, view and copy your name, trademark, logo and and any feedback on the use of our Platform and Services, to include them in our marketing or promotional materials.
13. Platform Maintenance
Botster.io will make its best efforts to provide and/or make the Platform and its Services, available in an uninterrupted manner to all our Users. However, the Platform and/or our Services may be subject to downtimes and/or may not be available temporarily due to scheduled maintenance activity initiated by Botster.io and/or by our service providers, and such scheduled maintenance activity may be notified to you through email by us. In addition, the Platform and/or our Services may be unavailable due to unscheduled emergencies and/or for other causes beyond Botster.io´s reasonable control and for such unscheduled emergencies prior notice shall not be given by Botster.io.
14. Our Emails
Botster.io will send emails to you, from time to time, when you have chosen us to do so, to let you know important improvements and updates to our Platform and/or Services. You will be able to opt out of these emails at any time by clicking the unsubscribe option. However, other emails will be sent to you by system notifications for security reasons (e.g. passwords resets, logins from new Devices, etc.) for which you may not deactivate this option.
15. Help and Support
Botster.io allows its Users to access our Platform’s support features available on the Help and Support Section on our Website.
By using our Platform and Services, you expressly accept the modality by which Botster.io offers to provide technical support.
You expressly agree that Botster.io may choose to change technical support features at any time and without prior notice.
16. Ownership Rights
Each and every intellectual property right and copyright held by Botster.io in relation to the Platform and our Services, including all our Bots and Tools as well as our Developer Program and API, just as any script, software, source code, front-end computer code, formula, algorithms, data, domain name, website, content, information, know-how, designs, ideas, trademarks, trade secrets, patents, patent applications, inventions, improvements, developments and discoveries, just as any modifications, revisions, changes, copies, and derivative of the foregoing and any copyrightable material or other proprietary or intellectual property of any kind, among others, that currently exist and/or that have existed in the past and/or that may exist in the future with respect to Botster.io and/or the Platform and Services, including our Website ("Intellectual Property''), are the exclusive property of, and belong solely to Denis Evgenyevich Grammakov. Likewise, you accept that all moral and patrimonial rights in such Intellectual Property belong solely and exclusively to Denis Evgenyevich Grammakov.
You expressly agree not to copy, modify, use, reproduce, commercialize and/or disclose for your own benefit or for the benefit of any third parties, in its original or translated form, or in any other way, whether directly or indirectly, any Intellectual Property belonging to Denis Evgenyevich Grammakov, including any right, title and/or interest related or arising therefrom.
17. Disclaimers, Warranties and Limitation of Liability
1. This Platform and Services are provided "as is" and "as available", as is described herein, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy.
2. Botster.io does not warrant and disclaims that the Platform and Services will be available and/or provided in a timely, secured manner, uninterrupted, free from any errors, including but not limited to viruses or other malicious software.
3. Botster.io does not warrant that the operation of the Platform and its Service will work properly on any given Device or with any particular configuration of hardware and/or software, or that they will provide complete protection for the integrity of selected data, information stored or transmitted via the internet.
4. Botster.io will not be liable to you and/or any third party, for the suspension, cancellation, termination or discontinuation of our Services, caused by force majeure or third parties.
5. Botster.io reserves the right to modify, restrict or discontinue all or part of the Services, at any time, either temporarily or permanently, without notice, for any or no reason whatsoever.
- Any damage or harm and/or incident and/or misunderstanding, and/or fraud and/or privacy breach and/or unauthorized data retrieval or scraping and/or infringement of intellectual property rights and/or any other rights and/or any other kind of damage or harm caused by you to any third party that arises from the use of this Platform and Services.
- Any damage or harm, loss of business; loss of anticipated profits or savings; loss of money; business interruption; and/or loss of improvements or business opportunity and/or any other kind of loss or damage caused to you and/or any third party that arises from the use of the Platform and Services.
- Any use or illegal and/or prohibited and/or improper practice and/or negligence and/or fraudulent action incurred by you through our Platform and its Services.
- The violation of any law or regulation applicable by you and/or any other User and/or third parties through our Platform and Services.
7. You expressly agree that the use of this Platform and Services, including all our Tools and Bots, is your sole and exclusive responsibility and that Botster.io shall not be liable for any use and/or scraping and/or retrieval and/or monitoring and/or analysis of data performed by you when using this Platform and Services, including any action or decision made by you and/or any third party based on such data and/or on your use of this Platform and Services.
10. You expressly hereby exempt and release Botster.io from all liability for any damage and/or harm suffered by you and/or caused by you to any third party arising from the use of this Platform and Services, derived from the breach of these Terms and Conditions and our Policy of Privacy, as well as of the violation of any applicable law or regulation and/or any right of any third party.
12. You expressly agree that the use of our Platform and Services does not imply and/or constitute an endorsement and/or approval by Botster.io to your commercial or professional activities and/or any project or activity to be developed and/or performed by you.
13. You expressly accept and acknowledge that our answers to any question, inquiries or support request made by you through the Help and Support Section of our Website and or by any other means, should not to be construed or interpreted as guaranties, warranties and/or endorsement of any activity and/or project of scraping and/or recovery and / or monitoring and/or data analysis carried out and/or developed by you using our Platform and Services.
14. Botster.io does not, under any circumstances, warrant or guarantee to you and/or any other User, any specified results, profits and/or incomes that you intend to receive or earn by using this Platform and its Services, including any possible loss, as such results will only depend of the actions and decisions taken by you when using this Platform and Services.
15. This Platform and Services are under continual development by Botster.io. For this reason, we make no warranty of any kind, implied or express, as to their accuracy, completeness or appropriateness for any purpose.
16. You accept and acknowledge that you access and use our Platform and Services at your own choice and risk and that it is your sole responsibility to obtain information and/or appropriate professional advice when necessary regarding to any scraping and/or retrieval and/or monitoring and/or analysis data project or activity to be performed by you, through the use of this Platform and its Services.
18. To the full extent permitted by law, in no event will Botster.io be liable to you and/or third party for any indirect, consequential, incidental, punitive, special or exemplary damages or losses whatsoever, without regard to cause or theory of liability.
19. The exclusions and limitations of liability established in these Terms and Conditions on behalf of Botster.io, include its affiliates and related companies as well as its shareholders, partners, directors, managers, employees, agents and representatives.
20. The exclusions and limitations of liability of Botster.io set forth in this Section will not limit or exclude its potential liability for any matter that may not otherwise be limited or excluded by applicable laws.
18. Changes to these Terms and Conditions
Botster.io reserves the right to modify all or part of these Terms and Conditions at any time. The modified Terms and Conditions will be published on our Platform through our Website. The Terms and Conditions modified will come effective five (5) days following its publication on our Website. In case you do not agree to such changes, you must indicate so by sending an email to: firstname.lastname@example.org within five (5) days following such publication, in which case you must leave the Platform immediately and also suspend the use of our Services.
Upon expiration of the term above, it will be understood that you accepted such modifications made to these Terms and Conditions.
Please note that Botster.io shall not be liable to you or any third party, for the suspension, cancellation, termination or discontinuation of any of our Services.
You declare that the use of this Platform and Services is intended for lawful purposes only and complies with all applicable laws and regulations.
You expressly agree to indemnify and hold harmless Botster.io, including its partners, subsidiaries, affiliates, third parties and their respective officers, directors, agents and employees against any and all claims brought by any third party for actions arising out of or related to unauthorized use of the Platform and/or our Services, including but not limited to any scraping and/or retrieval activity or project and/or tracking and/or data analytics performed and/or developed by you that violates or is alleged to violate and/or that Botster. io has reason to believe that it violates these Terms and Conditions and/or any applicable law or regulation and/or third party intellectual property rights and/or any other rights.
21. Force Majeure
22. No Waiver
27. Disputes Resolution
You expressly agree that if the arbitration fails to render a mutually agreed resolution, the Courts of Phuket, Thailand will be deemed to have jurisdiction
28. Governing Law and Jurisdiction
In case of any Dispute that is not amicably resolved in accordance with the Section 27 above, you hereby expressly agree to submit to the exclusive jurisdiction of the Courts located in Phuket, Thailand.
29. How to Contact Us
For any questions, comments, or complaints regarding this document or our Platform and Services, you may address us by sending an email to email@example.com, or through our contact form available on the Help and Support Section at our Website.
- “Account” and/or “User Account” means the account that each User must create when registering in this Platform to use our Services.
- “API” means Application Programming Interface.
- "Bot" and/or "Bots" means our software programs that perform automated tasks, available on our Website.
- “Botster.io" and/or “We” and/or “Us” means this Platform just as its Services and our Website.
- “Credit” and/or “Credits” means the internal payment method available on our Website that allows our Users to easily pay for our Bots and other Services provided by Botster.io.
- “Data Scraping” and/or "Scraping" means any web data extraction performed through a bot or crawler.
- “Device” means smartphones, tablets, laptops, desktops and any other similar digital or electronic equipment.
- “Discount Pass” and/or “Discount Passes” means our discount coupons that allow users who have subscribed to Botster Plus to save up to 30% when using our Services.
- "Payment Methods" means the payment methods referred in Section 7 of this document.
- "Platform" means the Software as a Service Platform owned and operated by Boster.io.
- "Script" and/or "Scripts" mean any program or sequence of instructions that is interpreted or carried out by another program and that may be used to automate processes on devices or websites.
- “Service and/or Services” means services offered by Botster.io, as described in Section 4 of these Terms and Conditions.
- “User” and/or “You” means any registered individual or business on this Platform, who uses our Services.
- “Terms and Conditions” means this document that governs the use of this Platform and our Services.
- “Tool” and/or “Tools” means indistinctly any of our Zero Code Bots and/or Botster.io Chrome Extension and/or Botster Affiliate Program, as described in Section 4 of these Terms and Conditions.
- “Website” means https://botster.io/