Effective Date: 2025-11-11

Important: These Terms & Conditions (the “Terms”) form a legally binding agreement between [BotBay Technologies Private Limited] (“BotBay“, “we“, “our“, or “us“) and you (“you” or the “User“). By accessing botbay.in, our apps, dashboards, APIs, documentation, downloads, or purchasing/using any BotBay software bot, plugin, or service (collectively, the “Services”), you agree to be bound by these Terms and our Privacy Policy and Acceptable Use Policy. If you do not agree, do not access or use the Services.

Note: This template is provided for operational clarity and must be finalized by your legal counsel for your jurisdiction and product specifics.

1) Eligibility & Accounts

  1. Age & capacity. You must be at least 18 years old (or the age of majority in your jurisdiction) and have the authority to enter into these Terms.
  2. Account registration. You are responsible for accurate information, safeguarding credentials, and all activity under your account. Notify us immediately at [support@botbay.in] of any unauthorized use.
  3. Organizational use. If you create an account on behalf of a company, you represent that you have authority to bind that entity and that “you” refers to that entity.

1A) Marketplace Roles & Scope

  1. Platform only. BotBay operates a marketplace that enables independent sellers (“Sellers“) to list, market, and deliver bots, automations, and related services to buyers (“Buyers“). Except where BotBay is explicitly identified as the seller of record for a specific item, Sellers are the ultimate providers of their listings.
  2. No privity of contract with BotBay for listings. For Seller-provided listings, your purchase contract is between Buyer and the Seller. BotBay provides facilitation, discovery, order routing, payment processing via third parties, and dispute support as described in these Terms.
  3. Seller responsibility. Sellers are solely responsible for their listings, descriptions, pricing, taxes, delivery/activation, ongoing updates, and support commitments promised on the listing page.
  4. Buyer responsibility. Buyers must review listing details, Seller policies (refunds/support/compatibility), and third‑party platform rules before purchasing.

2) Our Services & License to You

  1. Digital products. BotBay provides a marketplace and platform tooling for downloadable bots, scripts, plug‑ins, configuration files, documentation, and managed automation features.
  2. License grant (BotBay‑authored items). Where BotBay is the publisher/seller of a product, and subject to payment and compliance, BotBay grants you a limited, non‑exclusive, non‑transferable, non‑sublicensable license to install and use the purchased bot(s) and related materials for your internal purposes during the applicable subscription or license term.
  3. Seller‑authored items. For items published by a Seller, the license terms are provided by the Seller on the listing page or included EULA. BotBay does not grant or control licenses for Seller‑authored items and is not responsible for the Seller’s performance.
  4. Restrictions. You shall not (and shall not permit anyone to): (a) reverse engineer, decompile, or attempt to extract source code except to the extent permitted by law; (b) modify, fork, translate, or create derivative works except as expressly allowed by the applicable license; (c) resell, lease, or provide the Services to third parties as a service bureau without written consent; (d) remove proprietary notices; (e) use the Services to develop a competing marketplace; (f) exceed usage limits, rate limits, or concurrency caps published in our docs.
  5. Third‑party terms. Bots may interact with games, platforms, or sites that have their own terms (e.g., game ToS, API ToU). You are responsible for reviewing and complying with those terms. BotBay does not guarantee acceptance or approval by any third party and is not liable for any account actions taken by them (including suspensions or bans).
  6. Beta features. We may offer experimental or beta features. They are provided “as is” and may be modified or discontinued at any time.

3) Acceptable Use

You agree not to use the Services to:

  • breach any applicable law, game/platform terms, or rights of others;
  • automate actions that constitute spam, harassment, exploitation, or unfair advantage that violates fair play policies;
  • access data without authorization, bypass security, or probe/scan systems;
  • upload malware, perform DDoS, or otherwise disrupt networks;
  • infringe IP rights or misappropriate trade secrets;
  • engage in deceptive or unlawful advertising, scraping where prohibited, or privacy violations.

We may suspend or terminate access immediately for violations. See Section 15.

4) Orders, Pricing, Taxes & Billing

  1. Orders. An order is accepted when we (a) confirm by email or dashboard, or (b) grant access/download rights. For Seller listings, acceptance may also occur when the Seller delivers or activates access.
  2. Pricing. Prices are shown in INR (₹) unless specified. Sellers set their own prices for their listings. We may update BotBay platform fees prospectively at renewal or for new orders.
  3. Taxes. Prices may exclude taxes. Sellers are responsible for determining, collecting, and remitting applicable taxes for their listings unless BotBay collects on a Seller’s behalf where required by law. For service fees charged by BotBay, you are responsible for applicable taxes, duties, and levies (including GST). Where required, we will charge taxes and provide tax invoices.
  4. Payment processing. Payments are handled by Stripe, PayPal, and Razorpay. You authorize us and our processors to charge your payment method for fees, taxes, renewals, and payouts/adjustments associated with marketplace transactions.
  5. Failed payments & chargebacks. If a charge fails, we may retry, suspend access, or downgrade your plan/order. Chargebacks may result in reversal of access and a pass‑through liability to the Seller. Sellers agree that chargeback amounts, processor fees, fines, or penalties may be set off against future payouts.
  6. Marketplace fees. BotBay may charge commissions and/or listing fees as disclosed in the Seller dashboard or Listing Policies.

5) Subscriptions, Renewals & Cancellation

  1. Term. Subscriptions run for the period indicated on the order page (e.g., monthly/annual) and auto‑renew for successive terms unless canceled. For one‑time purchases, access is as specified on the listing.
  2. Auto‑renewal. You authorize recurring charges until cancellation. You can cancel at any time via your account settings; cancellation takes effect at the end of the current term.
  3. Price changes at renewal. We will notify you of material price changes as required by law; continued use after renewal constitutes acceptance. Sellers may update pricing for new terms of their subscriptions.
  4. Trials/intro offers. If you start with a trial, you will be charged at the end of the trial unless you cancel before the trial ends. Trials for Seller listings are subject to the Seller’s terms.
  5. Term. Subscriptions run for the period indicated on the order page (e.g., monthly/annual) and auto‑renew for successive terms unless canceled.
  6. Auto‑renewal. You authorize recurring charges until cancellation. You can cancel at any time via your account settings; cancellation takes effect at the end of the current term.
  7. Price changes at renewal. We will notify you of material price changes as required by law; continued use after renewal constitutes acceptance.
  8. Trials/intro offers. If you start with a trial, you will be charged at the end of the trial unless you cancel before the trial ends.

6) Refunds & Returns (Marketplace)

  1. General rule. For Seller listings, refunds, cancellations, and returns are governed by the Seller’s refund policy stated on the listing page or Seller profile and by applicable law. BotBay may facilitate communications and technical revocation of access but is not the seller of record (unless explicitly stated) and does not control Seller refund decisions.
  2. Platform‑authored items. Where BotBay is the seller/publisher, our Refund Policy applies.
  3. Defective delivery. If there is a delivery or activation issue, BotBay will use commercially reasonable efforts to coordinate with the Seller to remedy the defect. If it cannot be resolved, the Buyer’s remedy lies under the Seller policy or applicable law. For BotBay‑authored items, we may provide a replacement or refund at our discretion.
  4. Chargebacks. Disputes should be raised with the Seller (and with us for facilitation) first. Unwarranted chargebacks may result in account suspension. Sellers acknowledge that chargebacks may be debited from their payouts.

7) Delivery, Activation & Updates

  1. Delivery. For Seller listings, delivery is performed by the Seller via download links, license keys, or account activation. BotBay provides marketplace rails and may host files or keys on behalf of Sellers.
  2. Updates. Sellers are responsible for updates to their listings as described on the listing page. BotBay‑authored items may receive updates, fixes, or enhancements; some may be auto‑installed. Continued use after an update constitutes acceptance of changes.
  3. System requirements. Buyers are responsible for meeting minimum system and platform requirements listed in the listing details or docs.
  4. Delivery. Digital products are delivered by download links, license keys, or account activation.
  5. Updates. We may provide updates, fixes, or enhancements. Some updates may be auto‑installed. Continued use after an update constitutes acceptance of the updated features/changes.
  6. System requirements. You are responsible for meeting minimum system and platform requirements listed in our docs.

8) Support

Marketplace scope. BotBay offers platform support for account access, payments, and marketplace functionality as described at Support. Sellers provide technical support for their own listings according to their stated policies. We may request logs or diagnostic information to troubleshoot issues; you agree to provide such information subject to our Privacy Policy.

9) Intellectual Property & Content

  1. Ownership (platform). BotBay and its licensors own all rights in and to the marketplace platform (including code, designs, text, and trademarks). No rights are granted except as expressly set forth.
  2. Seller content & listings. Sellers retain ownership of their listings and grant BotBay a worldwide, non‑exclusive, royalty‑free license to host, cache, reproduce, display, distribute, and promote their listings on and off platform for the purpose of operating the marketplace.
  3. User content. If you submit reviews, feedback, or materials (“User Content“), you grant BotBay a worldwide, perpetual, irrevocable, royalty‑free license to use, reproduce, display, and create derivative works for operating, improving, and marketing the Services. You represent you have all rights necessary to grant this license and that your User Content complies with Section 3.
  4. Open‑source. Some components may be provided under open‑source licenses. To the extent of a conflict, those licenses govern your use of the open‑source components.
  5. Trademarks. “BotBay”, our logos, and product names are trademarks of BotBay. Third‑party marks remain the property of their respective owners and no endorsement is implied.
  6. Ownership. BotBay and its licensors own all rights in and to the Services (including code, designs, text, and trademarks). No rights are granted except as expressly set forth.
  7. User content. If you submit reviews, feedback, or materials (“User Content“), you grant BotBay a worldwide, perpetual, irrevocable, royalty‑free license to use, reproduce, display, and create derivative works for operating, improving, and marketing the Services. You represent you have all rights necessary to grant this license and that your User Content complies with Section 3.
  8. Open‑source. Some components may be provided under open‑source licenses. To the extent of a conflict, those licenses govern your use of the open‑source components.
  9. Trademarks. “BotBay”, our logos, and product names are trademarks of BotBay. Third‑party marks remain the property of their respective owners and no endorsement is implied.

10) Privacy & Data

  1. Privacy Policy. Our Privacy Policy explains how we collect and process personal data.
  2. Seller data responsibilities. Sellers are independent controllers of any Buyer personal data they collect outside the BotBay platform (e.g., direct support channels). Sellers agree to comply with applicable privacy laws and provide a compliant privacy notice.
  3. Data processing (B2B). If BotBay processes personal data on your behalf, a Data Processing Addendum (DPA) may apply. Contact [legal@botbay.in] to request a DPA.
  4. Telemetries & logs. We may collect usage metrics, crash reports, and diagnostic data to maintain and improve the Services. You can review opt‑out options (if available) in our docs.

11) Security & Availability

  1. Security. We take reasonable technical and organizational measures to protect the Services. However, no system is 100% secure, and you use the Services at your own risk.
  2. Availability. We strive for high availability but do not guarantee uninterrupted or error‑free operation. Maintenance windows and outages may occur.
  3. Security. We take reasonable technical and organizational measures to protect the Services. However, no system is 100% secure, and you use the Services at your own risk.
  4. Availability. We strive for high availability but do not guarantee uninterrupted or error‑free operation. Maintenance windows and outages may occur.

12) AI/Automation‑Specific Disclaimers

  1. Third‑party reactions. Bots may trigger actions on external platforms (games, sites, APIs). Those platforms may update rules without notice. You are responsible for compliance and for outcomes of your automation (including rate limits, cooldowns, or bans imposed by third parties).
  2. Outputs. Automated outputs may be inaccurate or incomplete. Always validate critical actions and configure guardrails.
  3. Fair play. Use gaming automation only where allowed by the game/community policies.
  4. Marketplace limitation. For Seller listings, BotBay is not responsible for the content, performance, legality, safety, or quality of any Seller bot or service.

13) Export Controls & Sanctions

You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive sanctions, and that you are not a prohibited party. You agree to comply with all applicable export control and sanctions laws.

14) Anti‑Corruption

You will comply with applicable anti‑bribery and anti‑corruption laws and will not offer or accept bribes or improper benefits in relation to the Services.

15) Suspension & Termination

  1. Suspension. We may suspend access immediately if: (a) you breach these Terms or our policies; (b) your use poses a security risk; (c) required by law; (d) non‑payment.
  2. Termination by you. You may stop using the Services at any time. Cancellation of a subscription takes effect at the end of the current term.
  3. Termination by us. We may terminate for cause upon notice if you materially breach and fail to cure within 10 days of notice (or immediately where cure is not feasible). We may terminate free/beta offerings at any time.
  4. Effect. Upon termination or expiration, your license ends and you must cease use and destroy copies of BotBay software. Certain sections survive (including Sections 3, 4, 5.3, 6, 8–14, 16–22).

16) Warranties & Disclaimers

  1. Limited warranty (downloads). For 30 days after initial purchase, we warrant that the downloaded product will substantially conform to the documentation when used on a supported environment. Your exclusive remedy is, at our option, repair, replacement, or refund. This warranty does not cover issues caused by modifications, misuse, unsupported environments, or third‑party changes.
  2. General disclaimer. EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.

17) Limitation of Liability

  1. Indirect damages. To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, data, or goodwill.
  2. Cap. For marketplace platform Services, each party’s aggregate liability to the other is limited to the greater of ₹10,000 or the amounts paid by you to BotBay for platform fees in the 12 months preceding the event giving rise to liability. For Seller listings, liability (if any) is governed by the Seller’s terms.
  3. Exclusions. These limits do not apply to amounts you owe, your breach of IP/licensing restrictions, or your indemnification obligations.
  4. Consumer rights. Nothing in these Terms limits rights that cannot be excluded under applicable law.

18) Indemnification

You will defend, indemnify, and hold harmless BotBay and its officers, directors, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your User or Seller Content; (c) breach of these Terms; (d) violation of laws or third‑party rights. Sellers additionally agree to indemnify BotBay for claims arising from their listings, including IP infringement, false advertising, consumer complaints, or regulatory non‑compliance.

You will defend, indemnify, and hold harmless BotBay and its officers, directors, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) breach of these Terms; (d) violation of laws or third‑party rights.

19) Third‑Party Services & Links; Seller Tools

The Services may integrate with or link to third‑party services (including payment processors). BotBay is not responsible for such services; your use is subject to their terms and privacy policies. Sellers may use third‑party tools in delivering listings; Sellers are responsible for ensuring they have rights to use such tools and for disclosing any material limitations to Buyers.

20) Changes to the Services and to these Terms

We may modify the Services or these Terms from time to time. Material changes will be notified via the site or email. Changes apply prospectively. If you continue using the Services after the effective date, you accept the changes.

21) Notices & Electronic Communications

You consent to receiving notices and communications electronically. We may notify you via the Services, email, or your account. You should maintain current contact information. Sellers must monitor notices sent to their registered email for policy updates and payout information.

22) Governing Law, Arbitration & Jurisdiction

  1. Governing law. These Terms are governed by the laws of India, without regard to conflict of laws principles.
  2. Arbitration. Any dispute shall be finally resolved by arbitration under the Indian Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by BotBay and you mutually, seated in New Delhi, Delhi, conducted in English. The arbitral award may be enforced in any court of competent jurisdiction.
  3. Injunctive relief. Notwithstanding the above, either party may seek interim or injunctive relief in the courts of New Delhi, Delhi.
  4. Governing law. These Terms are governed by the laws of India, without regard to conflict of laws principles.
  5. Arbitration. Any dispute shall be finally resolved by arbitration under the Indian Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by BotBay and you mutually, seated in Bengaluru, Karnataka, conducted in English. The arbitral award may be enforced in any court of competent jurisdiction.
  6. Injunctive relief. Notwithstanding the above, either party may seek interim or injunctive relief in the courts of Bengaluru, Karnataka.

23) Copyright & IP Complaints; Counterfeits

If you believe a listing infringes your IP (copyright, trademark, or patent) or is counterfeit, please send a notice to [copyright@botbay.in] with: (a) identification of the work/mark; (b) identification of the infringing material and its location; (c) your contact details; (d) a statement that you have a good‑faith belief the use is not authorized; and (e) a statement under penalty of perjury that the information is accurate and you are the rights holder or authorized to act. We may remove or disable access to the listing and notify the Seller.

24) Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (including acts of God, internet failures, outages, war, civil unrest, strikes, government actions, epidemics, or natural disasters).

25) Assignment

You may not assign or transfer these Terms or your rights without our prior written consent. We may assign to an affiliate, in connection with a merger, acquisition, or sale of assets.

26) Entire Agreement; Severability; No Waiver

These Terms (together with policies and order forms) are the entire agreement between you and BotBay regarding the Services and supersede prior agreements. If any provision is held unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions remain in effect. Failure to enforce a provision is not a waiver.

27) Definitions

  • “Buyer” means a user who purchases a listing from a Seller via the marketplace.
  • “Seller” means an independent provider who lists, markets, and delivers bots/automation on the marketplace.
  • “Listing” means a Seller’s product or service page (including price, license/EULA, support/refund policy).
  • “Marketplace Services” means the platform, discovery, order routing, payments facilitation, hosting, and related services provided by BotBay.
  • “Documentation” means the user guides, setup instructions, and other materials provided by BotBay or a Seller.
  • “License Key” means a code issued by BotBay or a Seller to activate software.
  • “Order” means the online checkout, order form, or dashboard selection describing your purchase.
  • “Personal Data” has the meaning set out in applicable privacy laws.
  • “Services” has the meaning given in the preamble and includes Marketplace Services and Support.

28) Contact

Legal name: BotBay Software Inc
Email: support@botbay.in | legal@botbay.in
Phone: [+91‑XXXXXXXXXX]