Terms of Use

These terms of use (the "Terms") govern access to and use of the Botgram service. They form a contract between the publisher of the service, identified in the legal notice, and anyone who creates an account (the "Customer").

Creating an account constitutes unreserved acceptance of the Terms. A Customer who does not accept them must not use the service.

Financial terms (prices, balance, top-ups) are set out in the terms of sale, which supplement these Terms.

• Service: the Botgram platform, its interface, its programming interfaces and the processing it performs.
• Agent: a conversational assistant configured by the Customer, which converses on their behalf on Telegram.
• Contact: any person an Agent exchanges messages with on Telegram.
• Customer Content: the instructions, documents, knowledge files, voice recordings, trademarks and any other material the Customer uploads to the Service.
• Telegram Account: the messaging account the Customer connects to the Service so that their Agents speak from it.

The Service is reserved for professionals acting in the course of their business. The Customer represents that they have the capacity and authority to subscribe, including when acting on behalf of a legal entity.

Signing up does not grant access: every account is created pending approval by the publisher, who may accept or refuse it without stating reasons. Until an account is approved, access to features remains restricted.

The Customer provides accurate information and keeps it up to date. They are solely responsible for keeping their credentials confidential and for any action taken from their account, and must notify the publisher without delay of any unauthorised use.

The Service lets the Customer configure Agents, connect them to their own Telegram Accounts, and steer their conversations from a console: instructions, knowledge files, sales stages, follow-ups, synthetic voices, connected tools and a simulator.

Agent replies are produced by language models operated by third-party providers. The publisher selects and configures those providers but does not control them; where the option is available, the Customer may use their own provider key.

The Service evolves: features may be added, changed or withdrawn. The publisher gives reasonable notice of significant withdrawals.

A language model produces likely text, not verified text. A reply may be inaccurate, incomplete, out of date or unsuited to the context, even when the configuration is correct.

Messages sent by an Agent are deemed to come from the Customer. They are sent from the Customer's Telegram Account, under their identity, from instructions they defined. The publisher is neither their author nor their sender.

It is therefore for the Customer to supervise their Agents, to check the commitments made in their name (prices, deadlines, availability, commercial promises) and to correct with their Contacts whatever needs correcting. The Service replaces neither legal, financial nor medical advice and must not be used for those purposes.

Under Regulation (EU) 2024/1689 on artificial intelligence, the publisher is the provider of the system, and the Customer, who operates it under their own authority for their own purposes, is the deployer. Each bears the obligations attached to their role.

In particular, it is for the Customer, as deployer, to inform people exposed to their Agents where the regulation so requires, and to disclose the artificial nature of generated content, especially voice messages produced from a synthetic voice.

The Customer may not configure an Agent to conceal its artificial nature. They must not instruct an Agent to deny being an artificial intelligence when asked by a contact, nor circumvent the Service's transparency mechanisms by any other means.

The publisher may neutralise any instruction contrary to this rule, including within a prompt written by the Customer, and the Customer may not treat this as a defect of the Service or as interference with their Content. The Customer indemnifies the publisher against the consequences of any breach of this clause, on the terms of clause 16.

The Customer is solely responsible for their business, their Content and their use of the Service. In particular, they undertake to:

• comply with the laws applicable to their business and communications, in particular advertising, direct marketing, consumer protection and intellectual property law;
• comply with Telegram's terms of service, and bear the consequences of any breach, including the restriction or closure of their Telegram Accounts by Telegram;
• have a lawful basis for contacting each Contact, inform data subjects of the processing of their data, and honour any objection or erasure request without delay;
• not pass an Agent off as a natural person where the law requires the automated nature of the exchange to be disclosed, and never impersonate a third party;
• hold the rights to the Content they upload, including any voice they have cloned, for which they warrant holding the written consent of the person whose voice is reproduced;
• use only Telegram Accounts they own or for which they hold the account holder's written authorisation.

Using the Service for the following is prohibited:

• distributing unlawful, hateful, violent or pornographic content, or content that undermines human dignity;
• committing fraud, market manipulation, or promoting a misleading investment;
• sending unsolicited bulk messages, or circumventing the rate limits of the Service or of Telegram;
• collecting personal data without a lawful basis, or building datasets without the knowledge of the people concerned;
• impersonating a person or organisation, or implying a connection with the publisher that does not exist;
• compromising the security of the Service, probing its limits without written authorisation, or extracting its data by automated means;
• reselling the Service or making it available to a third party without the publisher's written consent.

Any breach may lead to the immediate suspension provided for in clause 12, without prejudice to legal action.

Telegram is a third-party service, independent of the publisher. Botgram is not published, operated or endorsed by Telegram.

Telegram may at any time change its terms, its interfaces or its rate limits, restrict an account or close it. The publisher has no power over those decisions and does not guarantee the availability of the Customer's Telegram Accounts or their continued operation.

The Customer acknowledges that automating a messaging account carries a risk of restriction by Telegram, accepts that risk knowingly, and waives any claim against the publisher in that respect.

The publisher uses reasonable efforts to keep the Service available, without undertaking an obligation of result. The Service may be interrupted for maintenance or updates, or because of an incident affecting a hosting provider, a model provider or Telegram.

No service level, uptime rate or restoration time is guaranteed, absent a separate written commitment.

The Service, its interface, its software components and its documentation remain the exclusive property of the publisher. The Terms grant the Customer a personal, non-exclusive, non-transferable right of use, for the duration of their subscription and for their own needs only.

Customer Content remains theirs. They grant the publisher, for the time strictly necessary to operate the Service, the right to host, reproduce and transmit it to the technical providers strictly required to process it.

The publisher may suspend an account, an Agent or a Telegram Account without notice in the event of a breach of the Terms, a credible report of unlawful content, a risk to the security of the Service, or an insufficient balance. Suspension immediately cuts open sessions and interrupts conversations in progress.

Where a breach can be remedied and is not immediately serious, the publisher informs the Customer and allows a reasonable period to remedy it before suspending.

The Customer may stop using the Service and request deletion of their account at any time. Termination gives no right to a refund of the balance already consumed; the fate of any remaining balance is governed by the terms of sale.

For the data it processes on its own account (customer account management, billing, security), the publisher acts as controller. The details are set out in the privacy policy.

For Contact data, the Customer is the controller and the publisher acts as processor, on the Customer's instructions, under the data processing agreement entered into between the parties. The Customer warrants the lawfulness of the processing they carry out through the Service.

Each party keeps confidential the other's non-public information learned in connection with the contract, and discloses it only to those who need it and are bound by an equivalent duty. This undertaking survives the contract by two years.

The Service is provided as is. The publisher does not warrant that it will be error-free, nor that it will produce any particular commercial result.

The publisher is not liable for indirect damage, in particular loss of revenue, customers, data or reputation, nor for the consequences of a Customer decision based on a reply generated by an Agent.

In any event, the publisher's total liability, on all grounds combined, is limited to the sums actually paid by the Customer over the twelve months preceding the triggering event. This limitation applies neither to wilful misconduct, gross negligence or personal injury, nor to any case where the law sets it aside.

The Customer shall indemnify Clemzoo LLC against any claim, action or award by a third party (a Contact, an authority, a rights holder or Telegram) arising from their Content, from messages sent by their Agents, or from a breach of the Terms. This indemnity covers awarded damages together with reasonable defence costs.

The publisher may amend the Terms to reflect changes to the Service or to the law. Any substantial change is notified to the Customer at least thirty days before it takes effect.

Continued use after that date constitutes acceptance. Failing agreement, the Customer may terminate free of charge before the change takes effect.

If any provision is held invalid, the remainder continues to apply. Failing to act on a breach is not a waiver. The Customer may not assign the contract without the publisher's written consent.

The Terms are governed by the law of the State in which the company is registered (New Mexico, United States). Failing an amicable settlement, any dispute falls to the competent courts of that State. Where the law of the Customer's country of residence contains mandatory provisions that a contract cannot set aside, those provisions continue to apply.