Terms and Conditions

Accepting of Terms

Bot Listener (Hereinafter Referred to as “Platform”, ”Mobile Application”, “Bot Listener”) is a Website & Mobile Based Client Communication integration platform owned (Hereinafter Refereed to as “Bot Listener”, “we”, “us”, or “our”)

This Privacy Policy (hereinafter referred to as “Policy”), helps the users accessing the Website/App (“User”/ “You”/ “Your”) and the Service therein to understand the type of information collected, the purpose for which the information is collected; how the information is used; the intended recipients of such information; and how the information is protected. We take protection and proper use of Your information seriously and are committed to protecting such information in Our possession. We advise You to read this Policy carefully prior to Your access of Website/App, use of Services, or creation of an Account on the Website/App. If You do not agree to this Policy, please do not access Our Website/App, use Our Services, or create an Account in Our Website/App.

This Policy is published and shall be construed to be in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 and Information Technology (Intermediaries Guidelines And Digital Media Ethics Code) Rules, 2021 under the Information Technology Act, 2000 and other applicable laws that require publishing of the privacy notice for collection, usage, storage, disclosure and transfer of sensitive personal data or information. Any capitalized terms used herein without definition shall have the meanings assigned to them in Our Terms of Use.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions

The terms of this policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by use of the platform and/or by creating a registered account on the platform (hereinafter referred to as “account”) and will govern the relationship between you and us for your use of the platform and the services rendered therein

Bot Listener Services

The Bot Listener Platform facilitates access and usage of a secure and easily accessible virtual software hosted in the cloud, which allows Users who have subscribed to our subscription plan to integrate all client communications within a unified platform, utilizing the functionalities provided by WhatsApp Business API. By accepting these terms, you acknowledge and consent to the dependency of the Platform on the services provided by WhatsApp Business API for the delivery of our Services to Users. Consequently, any alterations or updates made to the WhatsApp Business API may impact our ability to provide the Services, potentially leading to disruptions or limitations. Please note that the Platform has no control over the delivery of services by WhatsApp Business API or their technical configuration.

Services include but are not limited to:

Broadcast and Bulk WhatsApp Messaging
Unified WhatsApp Channel for Your Team
24*7 Automated Chat Assistance (ChatBot)
Detailed Productivity Reports

Conversation Charges:

The conversation charges are determined by Meta Platforms, Inc., formerly known as Facebook, Inc. If Meta changes or updates its pricing, the conversation charges will be adjusted accordingly.

Bot Listener has no control over the pricing decisions made by Meta Platforms, Inc. We reserve the right to change the conversation charges if Meta changes its pricing, and we will not be held liable for refunds of Bot Listener Subscription charges or damages in such cases.

Hence, we suggest users kindly understand the conversation pricing carefully, as mentioned on our website, and subscribe to the Bot Listener plan only after thoroughly comprehending the conversation costs. It is essential to clearly understand the conversation cost before subscribing to our Bot Listener plan.

Subscription of Plan:

To avail Bot Listener Services, the user will signup and choose an appropriate plan from the subscription plans available from time to time and shall agree to pay the applicable fee as mentioned in the chosen subscription plan (“Subscription Fee”). The Subscription Fee shall be paid by You on a monthly/quarterly/half-yearly/annual basis, within seven (7) days from the invoice date. Your subscription to Bot Listener Services will renew automatically unless the account is terminated. Payment obligations are non-cancelable, regardless of utilization by You, and except as expressly permitted in this Terms of Use, Subscription Fee paid are non-refundable.

The Subscription Fee does not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes assessable by any local, state, provincial, or foreign jurisdiction (collectively “Taxes”). You agree to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent We are legally required to collect the same, will be itemized on the invoice.

The Subscription Fee does not include any charges that Meta Platforms, Inc. charges for Template Messages or Conversations.

Upgrades: You may upgrade between the Subscription Plans. When You upgrade, the new Subscription Fees become immediately applicable. Upon upgrade, the new Subscription Fees for the subsisting month will be charged on a pro-rated basis and shall be payable in accordance with these Terms of Use. Subsequent months will be charged in full according to the new Subscription Fees, and any credits will be adjusted appropriately.

WhatsApp Business API

The User agrees and acknowledges that Bot Listener has partnered with Whatsapp Business Service Providers to provide the Services through the Platform. The User understands and agrees that the Platform is integrated with WhatsApp API and that We may share certain Registration Data with WhatsApp. We disclaim any liability caused by the use of WhatsApp API by You through the Platform. Further, You shall agree to adhere to the following terms and conditions set by WhatsApp for the usage of WhatsApp Business:

You understand and agree that WhatsApp may update its policies, including but limited to WhatsApp Business Policy, without notice; by continuing to use the WhatsApp Business Products through our Platform after such change, You consent to such changes. You represent and warrant that You are not in violation of the WhatsApp Commerce Policy and do not come under the purview of any of the restricted industries under WhatsApp commercial policy. You acknowledge that WhatsApp Business may add limits to businesses on the number of messages to send per day as per its policy. Further, WhatsApp has the absolute discretion to review, approve or reject any WhatsApp Message Templates (as defined in WhatsApp documentation) at any time submitted by You;

WhatsApp does not offer a way to be notified when a WhatsApp user has blocked Your sender, or to retrieve a list of WhatsApp users who have blocked You;

Any violation of the WhatsApp policies may lead to the suspension of Your WhatsApp account. Whatsapp has absolute discretion to limit or remove Your access to or use of the WhatsApp Business API and other WhatsApp Business Products if You receive excessive negative feedback, cause harm to WhatsApp or WhatsApp’s users, or violate or encourage 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 You and Your organization from all future use of WhatsApp Business API and other WhatsApp Business Products.

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

Cancellation & Refund

All monthly, quarterly, yearly, and multi-year subscriptions renew automatically on their due renewal date according to the date of purchase until officially cancelled in writing. Customers may cancel anytime by emailing a notice to support@botlistener.com

Important: No refunds or credits for partial months or years of service will be refunded to a customer upon cancellation.

In case the amount remains outstanding for more than fifteen (15) days from the date of activation of services (for first-time users) & more than one (1) day for auto-renewal cases, the company reserves the right to cancel the subscription.

Intellectual Property Rights

The copyright, database rights, and other forms of intellectual property concerning the Platform, products, and Services, including all content presented on the Platform such as the Onboarding Guide, Registration Data, text, graphics, logos, button icons, images, audio, clips, digital downloads, software, data compilations, and associated technology (“Intellectual Property”), are the possession of Us, Our affiliates, or licensors. These rights are safeguarded by the laws of India and/or other foreign jurisdictions. The complete rights not explicitly granted in these Terms of Use are reserved by Us and Our licensors.

The software employed on the Platform constitutes Our Intellectual Property and is shielded by both Indian and international copyright regulations.

Within the parameters of this Terms of Use and exclusively as permitted by Us, We offer You a restricted, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable right and license to access and utilize the Platform and the Services it provides for personal purposes. This license does not encompass any form of redistribution, resale, or commercial utilization of the Platform.

You are prohibited from re-utilizing the Platform’s Services or systematically extracting any part of the content. Usage of robots, data mining, or extraction tools for repurposing the Platform is not allowed. Furthermore, You are not permitted to publish anything that incorporates elements of the Platform (such as Our Services and their prices) without obtaining our prior written consent.

The trademarks “Bot Listener” as well as their local language versions, along with certain product names visible on this Platform (collectively referred to as the “Bot Listener Marks”), are either trademarks or registered trademarks owned by Bot Listener. Except as explicitly stipulated in these Terms of Use or with Our written authorization, You are prohibited from using any Bot Listener Marks or Bot Listener’s Intellectual Property, either individually or in combination with other words or design elements. This includes their use in press releases, advertisements, promotional materials, or any form of media.

Mentions of other parties’ trademarks on this Platform, including but not limited to payment service providers and other service providers, are solely for identification purposes. These mentions do not signify that such parties have endorsed this Platform or any of its Services. These Terms of Use do not grant You the right to utilize the trademarks of these third parties.

Representations and Warranties

You represent and warrant that:

You possess full capability and competence to engage in this Terms of Use and possess the entitlement, authorization, and capacity to participate in and be bound by this Terms of Use. Furthermore, you commit to adhere to the stipulated terms and conditions presented herein.
You agree not to exceed the intended functionality of the Services.
You shall refrain from trying to access the Services, networks, servers, or computer systems linked to the Services without proper authorization.
Usage of the Services in a manner that could cause damage or impairment to (i) the Services themselves, or (ii) the foundational systems and security measures, is prohibited.
Engaging with the Services in an unlawful fashion or in a way that supports or encourages illegal activities, such as copyright infringement or data theft, is against the terms.
Without our explicit consent, you will not exploit any intellectual property, whether owned by us or third parties. This includes refraining from using copyrighted content displayed on the Platform for personal or third-party gain.
Modification, adaptation, translation, or reverse engineering of any segment of the Services, like creating a mimic site or Website that closely resembles said Services, is not allowed.
You commit to promptly informing us in case your Mobile Contact Number is listed in the Do Not Disturb/National Consumer Preference Register List of the Telecom Regulatory Authority of India (“TRAI”), following the Primary Registration.
You acknowledge that any calls or text messages received from us on your Mobile Contact Number are not unsolicited.
You will avoid taking actions or refraining from actions that could result in liability for us or the loss (partially or entirely) of services from our Internet service providers (ISPs) or other partners, suppliers, contractors, vendors.

Limitation of Liability

Under no circumstances will We, Our affiliates, licensors, or any agents, employees, officers, directors, corporate partners, or participants associated with such parties be held liable for any direct, indirect, incidental, consequential, special, or exemplary damages that may arise in connection with Your use of or inability to use the platform. This includes, but is not limited to, any potential loss of profit (whether incurred directly or indirectly), loss of goodwill, loss of opportunity, or any loss of data experienced by You. Even if You have been advised of the possibility of such damages, the aforementioned parties shall not be held accountable.

We shall not be held liable for any loss or damage incurred by You due to various reasons, including but not limited to: Your reliance on the completeness, accuracy, or existence of any advertising; any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the service; any changes made to the services by Us; any permanent or temporary cessation in the provision of the services or any features within the services; the deletion, corruption, or failure to store any content and other communication data maintained or transmitted through Your use of the services; Your failure to provide accurate account information; or Your failure to keep Your password or account details secure and confidential.

We will not be held responsible for any damage that could have been avoided if You had followed our advice to apply a free-of-charge update or if the damage was caused by Your failure to correctly follow installation instructions or meet the minimum system requirements recommended by Us.

You are accountable for any mobile charges that may be incurred during Your use of our service, including text-messaging and data charges.

To the maximum extent permitted by law, any dispute You have with any third party arising from Your use of the services, such as a carrier, copyright owner, or other user, is solely between You and that third party. You irrevocably release Us and Our affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Force Majeure

We shall be relieved of all our responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control, including, without limitation, acts of god, war, equipment, and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, epidemics, pandemics, lockdown (state-wise or nation-wide), natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond our reasonable control.

General

All notifications must be provided to Us via email, or for all communications to be considered valid, You must provide notifications to Us via email, or to You at the email or postal address you provided.

In order for any waiver to be considered valid regarding Our rights or remedies under these Terms of Use, it must satisfy the following conditions: it must be in written form, executed by Our duly authorized representative, and pertain solely to the specific circumstances for which it is granted. The failure on Our part to exercise or enforce any right or remedy under these Terms of Use shall not be interpreted as a waiver of said right or remedy, nor shall it impede any future exercise or enforcement of the same. The utilization of any right or remedy, either in its entirety or in part, shall not impose limitations or constraints on the subsequent exercise of that right, remedy, or any other rights or remedies.

These Terms of Use and Our Privacy Policies referenced herein constitute the entire agreement between the parties regarding the subject matter.

The headings used in these Terms of Use are for convenience only and have no legal or contractual effect. The terms “including” and “includes” mean “including without limitation.”

The provisions stated in these Terms of Use are intended to be interpreted in concordance with one another and in compliance with applicable laws, including those specific to the User’s jurisdiction, to the fullest extent allowed by law. Furthermore, each provision within these Terms of Use is independently enforceable, and the invalidity of any other provisions shall not influence the validity of one provision. If any provision within these Terms of Use is found to be invalid or unenforceable for any reason, the remaining provisions will remain unaffected to the greatest extent permissible under the applicable laws. Should a provision be considered void but capable of being valid with certain parts removed, it shall be applied with necessary modifications to ensure its validity.

By confirming, You assert that no employment, contractor, agency, or partnership association exists between You and Us. We are exclusively delivering the Services based on Your request. Additionally, You affirm that You are either acting on Your own behalf or representing another individual, as outlined in these Terms of Use.

These Terms of Use, along with any dispute or claim arising from or connected with them (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of India. You hereby consent to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, for the resolution of any dispute or claim arising from or related to these Terms of Use.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at support@botlistener.com