Terms of use

These TERMS OF USE (also referred to as this « Agreement ») is made between BOTIFY SAS, owner of Botify.com (« Botify », « we », or « us ») and you, or, if you represent an employer or a client, that employer or client (in either case “You”). Botify, a trade name and registered service mark, provides certain services relating to the distribution, analysis and management of SEO and e-marketing indicators (the “Services”) through the website located at botify.com (the “Website”). By clicking the sign up button, you agree to the terms of this Agreement.

PLEASE CAREFULLY READ THIS AGREEMENT. BY SUBMITTING AN ORDER OR BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, BOTIFY IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITE OR SERVICES AND YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES. IF YOU ACCESS OR USE THE WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.

Botify reserves the right, at any time, to change, add or update the terms of this Agreement, by posting on the Website or by providing any other notice, such change, update, addition. Any addition, change or update will be effective immediately. Services are not available to individuals under the age of 18 or who do violate any of the qualifications included in this Agreement.

1. Description of the Service

Botify provides users with access to various resources and services, including by not limited to, tools (webservers logs analyser, crawler etc…), application program interfaces (APIs), blogs, user-generated-content, personalized content and industry surveys (the “Service”). You also understand that the Services may include certain communications from Botify, such as service announcements, administrative messages and survey invitations and that these communications are considered part of Botify free registration and paid subscriptions. Unless explicitly stated otherwise, any new features that augments or enhances the current Services, including the release of new Botify properties, shall be subject to this Agreement. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

2. Beta Services

From time to time, Botify may add new features to the Services that are described as “beta” (“Beta Features”). Registrants and Members acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Services. If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, Botify does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running your software and/or hardware. Beta Features will be considered part of the Service and all provisions of this Agreement relating to the Service will apply to the Beta Features.

3. API Services

Botify may provide automatic program interface (API) to its proprietary data, either for free or based on dedicated fees, depending on the features proposed. This Agreement controls Botify’s API services. Free access to the API may be suspended or terminated by Botify at any time and for any reason, with or without cause. If your access to a free API is cancelled, you shall not be entitled to a refund of any kind. In order to access any API, you must use a Secret key. It’s important not to share your secret key with anyone. You are responsible for all requests made with your secret key, whether you authorized them or not. Data provided by our APIs remains the property of Botify. If you publicly display data from a free API, you must comply with the link and attribution guidelines set forth on the Website from time to time.

4. Blog, forum and comments prohibited contents

Personal attacks, defamation, harassment, spam, offensive content, inappropriately aggressive behavior, or other illegal activities are prohibited while using any blog, forum, or posting comments on Botify.com.

5. Charges & Payments

Registration and Subscription; Pricing. You may become a Registrant of the Service at no cost. As a Registrant, you will have the ability to participate in some, but not all, of the features and services available at Botify.com. In order to access additional features and services, including the ability to use many of our tools, you must become a paying Member to the services by agreeing to enter into a subscription with us. Please see our dedicated pricing Page for a description of the current subscription plans and their prices. Depending on the subscription plan you select, you will be entitled to varying number of crawled pages each month to be used exclusively for the access to certain Botify Services. Please note that the Subscription Policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. Further, Botify may change Service features and functionality from time to time. For purposes of this Agreement the term “Member” includes all paying subscribers, regardless of renewal term or price level, unless where its usage indicates otherwise. The Subscription Fee is payable in €, USD or GBP (including, if any, all applicable taxes).

6. Subscriptions; Charges on your Billing Account

6.1. General

You agree to pay Botify the subscription fee (“Subscription Fee”) specified in the Pricing Page during the subscription Period (“Subscription Period”). The Subscription Period varies depending on the plan you sign up for. Botify Tool Credits Each month during the Subscription Period, you are limited to a certain amount of crawled pages and a maximum space of storage. You will not be able to carry over to a subsequent month any unused portion of your monthly Botify limited access because this limitation will expire at the end of the associated month. Unused portion cant be transferred, redeemed or exchanged.

6.2. Payment Method

A valid credit card is required to subscribe to the Service. Botify bills you through a secure online account (your “Billing Account”) for use of the Service. We have an SSL certificate that prohibits your sensitive credit card information from being intercepted. Your complete billing information is not stored on Botify servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay Botify for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Botify to charge your chosen credit card (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Botify reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If Botify does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.

6.3. Auto-Renewal of Your Subscription Period

You will be entitled to receive the Services only during the subscription period (“Subscription Period”) specified on your Billing Form. All subscriptions will automatically renew at the end of your subscription period until cancelled by you. You will not receive further notice of auto-renewal.

6.4. Recurring Billing

All of our subscription plans use recurring billing. If you elect to pay for the Subscription Period on a monthly basis, then you will automatically be charged the Subscription Fee for the subsequent month unless you cancel the Service before the new Subscription Period begins. If you elect to pay the Subscription Period annually, you will automatically be charged the Subscription Fee for the subsequent year, unless you cancel the Service before the new Subscription Period begins. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation. BOTIFY MAY SUBMIT PERIODIC CHARGES (E.B., MONTHLY) RELATING TO YOUR SUBSCRIPTION WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL YOUR ACCOUNT. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE BOTIFY REASONABLY COULD ACT.

6.5. Current Information Required

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY BOTIFY IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE FOLLOWING THE “MANAGE MY SUBSCRIPTION” LINK ON YOUR “MY ACCOUNT” PAGE (YOU MUST BE LOGGED IN TO VIEW THIS PAGE). IF YOU FAIL TO PROVIDE BOTIFY ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT BOTIFY MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE.

6.6. Change in Amount Authorized

If the amount to be charged to your Billing Account varies from the amount you pre-authorized, you have the right to receive, and Botify shall provide, notice of the amount to be charged and the date of the charge at least 60 days before the scheduled date of the transaction. Notice will be sent to the email address currently associated with your Botify account. You agree that Botify may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

6.7. Auto-renewal

Your Botify subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected. Botify reserves the right to renew your subscription at the then-current non-promotional subscription rate provided 60 days notice to you of an increase in fees. The notice shall be sent to the email currently associated with your Botify Membership.

6.8. Cancellation

You are solely responsible for properly canceling your account. You can cancel your account at any time by going to your “Edit my profile” page (you must be logged in to view this page) and selecting the “Update My Account” link. Once you are on the “Edit my profile” page, you can choose to cancel your account. All data collected by Botify will be removed and not accessible in the future. An email request to cancel your account is not considered cancellation. While we try to respond to email requests to cancel accounts, we may not receive or respond to all emails. Please do not assume your account has been canceled if you email site support. Use the “Update My Account” link to cancel your account. If you paid your subscription with one annual payment and you cancel your Membership, you may use your subscription until the end of your then-current Subscription Period; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then current subscription period. If you pay your subscription in monthly installments and you cancel your Membership prior to the end of the Subscription Period, then Botify will terminate your access to the Service and cease billing you for the Service. However, you remain responsible for all charges incurred prior to Botify terminating access to your account.

7. Reaffirmation of Authorization

Your non-termination or continued use of the Service reaffirms that Botify is authorized to charge your Payment Method. Botify may submit those charges for payment and you will be responsible for such charges. This does not waive Botify’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

8. Promotions

Any promotion that provides Member-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a Subscription Fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact to have the charges reversed.

9. Modifications to Service

Botify reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Botify shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. Reliance on Content, Advice, Etc.

Any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. Botify does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Botify or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

11. Term, Termination and Removal

Botify may terminate the Term of this Agreement at any time, in Botify’s sole discretion: (a) at any time, for any reason during a free subscription; or (b) upon notice to You from Botify following any breach by You to this Agreement. All fees, unused datas owed by You will become immediately due and payable if we terminate You without cause. We will not reimburse you in case of threatened or suspected breach of this Agreement, applicable law or other inappropriate conduct as using our Services (crawl of unauthorsied websites…). Upon termination or expiration of this Agreement, Botify may prohibit you from accessing your account and content held by Botify on our Website and any other storage.[AM1]

12. Account & Password

You are responsible for maintaining the confidentiality of any account name and password provided to you. Each account ID is personal in nature and may be used only or designated employees if You are an organization. You will insure the security and confidentiality of your account ID and will notify immediately Botify of any unauthorized use of your account or if any account ID is lost or stolen. You acknowledge that You are fully responsible for all costs, liabilities or damages incurred through use of your account.

13. Proprietary Rights Owned by Botify

Botify retains all rights and title, including, but not limited to, any intellectual property rights, trademarks, rights of privacy. The Botify and Botify names, logos, Websites, products or Services are trademarks of BOTIFY SAS. You acknowledge that You are not receiving any ownership and no right or license is granted to You to use them apart from Your right to access the Services and Website under this Agreement.

14. Your content

You are responsible for all data, information and other content provided or collected by You. You grant to Botify all necessary rights to your Content in order to provide the Services. You represent and warrant that none of Your Content: (a) infringes, misappropriates or violates any intellectual property right of any third party, or is defamatory, harmful to minors ; (b) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information; or (c) is false, misleading or inaccurate (incomplete webserver logs, inappropriate Botify crawler settings etc…). Botify can’t be responsible for any destruction or loss of your content. Botify will ask you to confirm you agree to remove content or data collected by the Service that would have been unused during the last 6 months. Upon termination or expiration of this Agreement, Botify may prohibit you from accessing your account and content held by Botify on our Website and any other storage.

15. You agree to the following

You will use correct information regarding your name, address, email address or any other information supplied. You will not share your password. You agree that you must be at least 18 years old to use the Service. You agree that if you violate any terms of this Agreement, we reserve the right to cancel your account without refund.

16. No Resale or Redistribution of Service

Except as expressly authorized by Botify, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Services or the Software, use of the Services, or access to the Services or computer code that powers the Services (hereafter sometimes "Software").

17. Warranties

Botify will use commercially reasonable efforts to maintain and verify that the Services operate in accordance with this Agreement. Notwithstanding the foregoing, You remain solely and entirely responsible for Your compliance with, and will defend, indemnify and hold harmless Botify from and against any claims arising from any actual or alleged violation by You of any international, federal, state or local treaties, laws, rules, regulations or ordinances regarding Your use of or access to the site or services or regarding your business, products or services, INCLUDING, without limitation, regarding data and data privacy. By You. You hereby represent, warrant, and covenant for the benefit of Botify that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; and (3) all data, information or content You provide to Botify in connection with this Agreement and Your access to the Site and use of the Services is correct and current.

18. Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Botify be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Botify has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to Registrants or Members; or (vi) any inaccurate or out-of-date content produced by the tools or published in the guides or blog, or Website; or (vii) any other matter relating to the Service. Nothwithstanding any provision to the contrary, Botify’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Botify in the twelve (12) months prior to the claimed injury or damage.

19. Disclaimers and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.

20. Indemnity by You.

You agree to indemnify and hold Botify, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Botify’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.

21. Data Privacy

You consent to the use and disclosure of personally identifiable and other data and information as described in our Privacy Policy displayed on the Website.

22. Disclaimers

We are not responsible for the behaviors of other users or linked websites.

23. Reporting Violations

If you become aware that any person has posted material in violation of our rights or trademarks, or is violating one of the terms and conditions of this Website, please notify us immediately by sending an email at abuse@botify.com

24. Compliance With law

In using the Services, you agree that you will comply with all applicable laws.

25. Applicable Law and Jurisdiction

French laws will govern this Agreement. Any action or lawsuit related to this agreement must be brought in French court, in the jurisdiction of the court of Paris.

26. Other

The failure of Botify to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and Botify and govern your use of the Service, superseding any prior agreements between you and Botify (including, but not limited to, any prior versions of the Terms of Service).

Privacy policy

This privacy Statement covers the information practices of http://www.botify.com (referred to the Website). Botify is not responsible for the information practices, or the content of the websites that may be linked on Botify’s website. By using Botify’s website you agree with the terms of this Privacy Policy Statement.

1.Personal Information Collected

Botify provides users with access to various resources and services, including by not limited to, tools (webservers logs analyser, crawler etc…), application program interfaces (APIs), blogs, user-generated-content, personalized content and industry surveys (the “Service”). You also understand that the Services may include certain communications from Botify, such as service announcements, administrative messages and survey invitations and that these communications are considered part of Botify free registration and paid subscriptions. Unless explicitly stated otherwise, any new features that augments or enhances the current Services, including the release of new Botify properties, shall be subject to this Agreement. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

2.Use Of Information Collected

2.1. Information You Provide to Botify

Botify collects the information you provide when you register to the service. By providing us this information, you consent to your information being collected and used by Botify. Such information may include your name, address, email address, phone number, your gender or occupation.

2.2. Navigational information

As you navigate the Website, Botify may collect information through the use of cookies, including standard information from your web browser, your IP address, and the actions you take on Botifys’s Website, or web beacons. You may block all cookies that have been saved on your computer by following the instructions of your browser on how to turn off cookies. If you block cookies it may be impossible to use the services.

2.3. Tracking Emails

We may sometimes track clicks and open rates to measure the performance of our email campaigns.

3. Security

Strong measures protect customer data from unauthorized access. Botify's security standards are actually very high. From A to Z, our solution is designed to guarantee the safety of your data. However, nobody can consider to be completely safe from hackers: even if it's almost impossible, the worst case scenario must be considered. Therefore, please note that if a security breach was to affect you, Botify commits to immediately notify you. Botify will also take all the necessary measures to end the intrusion. If you have any questions about security on our Website, you should contact us at support@botify.com

4. Correcting And Updating Your Information

To update your profile please login to http://www.botify.com and click on “edit profile”, or contact support@botify.com Any request to access, change, or delete your information will be handled within 30 days.

5. Changes To This Privacy Policy

Botify reserves the right to change this Privacy Policy. In this case, you will be notified of these changes via the website or by email, at least thirty days before the changes take effect.

6. Contact Us

Any questions regarding this Privacy Policy should be addressed at support@botify.com or by mailing :
BOTIFY SAS- Privacy Policy
22 RUE ROYALE
75008 PARIS
FRANCE