Terms of Service

Effective Date: October 5, 2026

These Terms of Service ("Terms") are an agreement between BotOS Inc., a Delaware corporation ("BotOS", "we", "us"), and the business or organization that creates an account, completes checkout, or uses the BotOS services ("Customer", "you"). By creating an account, checking the box to accept these Terms at checkout, or using the Services, you agree to these Terms and confirm that you have authority to bind the Customer. If you do not agree, do not use the Services. A signed order form or enterprise agreement with BotOS controls over these Terms where they conflict.

1. The Services

BotOS provides a platform for configuring and operating AI "Digital Employees" that use knowledge, channels, tools and connected systems the Customer provides or authorizes (the "Services"), available through app.botos.ai and related sites. The Services are for business use only.

2. Accounts

You and every person you give access to must be at least 18 years old. You are responsible for your account, your workspace, everyone you give access to, and all activity under your account. Keep credentials secure and notify us promptly of unauthorized use. You must provide accurate information.

3. Your configuration, approvals and responsibility for actions

  • You decide how each Digital Employee is configured, including its instructions, knowledge, channels, connected systems, permissions, which actions require human approval, and which actions it may take on its own.
  • You are responsible for all actions you authorize, approve, or enable a Digital Employee to take autonomously, and for their results, including messages, emails, calls, bookings, records and other actions in connected systems.
  • You are responsible for reviewing outputs before relying on them, and for maintaining appropriate human oversight for your use case.
  • You are responsible for the legality of your instructions, content, data, calling, messaging, email and outreach, including obtaining all consents and notices required by law (for example under telemarketing, call-recording, anti-spam and privacy laws), honoring opt-outs and do-not-contact requests, and complying with industry rules that apply to you.

4. AI output — no guarantee

Digital Employees use artificial intelligence and may produce output that is inaccurate, incomplete, inappropriate or out of date. BotOS does not guarantee that any output or action will be accurate, complete, lawful for your purposes, uninterrupted or error-free, or that the Services will achieve any particular business result. Output is not professional advice (including legal, medical, financial, engineering or other licensed professional advice) and must not be relied on as a substitute for qualified human judgment.

5. Acceptable use

You will not, and will not allow anyone to, use the Services to:

  • violate any law or third-party right, or send unlawful, deceptive, harassing or unsolicited communications;
  • make calls, texts or emails without legally required consent, or to numbers or addresses on applicable do-not-contact lists;
  • process data you have no right to use;
  • upload, enter or store payment card numbers, card security codes or other cardholder data in the Services (payment details are entered only in Stripe's hosted checkout or billing pages), or upload government identification numbers or other highly sensitive data the Services are not designed to protect;
  • upload or submit protected health information ("PHI") or other data regulated by HIPAA, unless BotOS has first agreed in a separate signed agreement that expressly covers it (see Section 15);
  • impersonate any person or misrepresent that a person is not interacting with an AI where disclosure is required;
  • develop competing products, scrape, reverse engineer, or circumvent usage limits, security or access controls;
  • introduce malware, interfere with the Services, or create excessive load, cost or risk;
  • use the Services for high-risk activities where failure could lead to death, injury or severe damage.

6. Fees, billing and payment

  • Orders and pricing. Plans, prices and included allowances are those shown on our pricing page, at checkout, or in your order form (each, an "Order") when you subscribe. Your Order controls the amounts you owe.
  • Subscription fees. Subscription fees are billed in advance each billing period (monthly unless your Order says otherwise).
  • Implementation fee. A one-time implementation fee, shown at checkout or in your Order, is charged at the start of service. Custom implementations are quoted separately.
  • Additional Digital Employees, usage and overage. Additional Digital Employees, and usage above the allowances included in your plan (for example voice minutes), if applicable, are billed at the rates stated in your Order or plan in effect at the time. Unused allowances do not roll over unless we agree otherwise.
  • Automatic renewal. Your subscription renews automatically at the end of each billing period, for the same period, at the then-current price, until you cancel as described in Section 14.
  • Authorization to charge. You authorize BotOS and its payment processor, Stripe, to charge your payment method for the subscription, implementation fee, additional Digital Employee, usage and overage charges, and applicable taxes, as they become due, including on renewal.
  • Taxes. Fees exclude taxes, which you are responsible for (other than taxes on BotOS's income). Where required, we will add applicable taxes to your invoice or charge.
  • Failed or late payment. If a payment fails, we may retry the charge, notify you, and suspend the Services after notice until payment is made, and we may recover reasonable costs of collection.
  • Refunds. Fees are non-refundable except where required by law, as stated in Section 14, or as expressly agreed in writing. Consumed usage is non-refundable. The implementation fee is non-refundable once implementation work has begun.
  • Price changes. We may change prices with at least 30 days' notice, effective at your next billing period.

7. Usage limits and safeguards

We may apply reasonable usage limits, rate limits, spending safeguards and other protections to keep the Services secure, reliable and economically sustainable, including pausing activity that appears abusive, unlawful, unusually costly or risky.

8. Third-party services and integrations

The Services rely on and connect to third-party providers (such as hosting, AI model, telephony, payment and integration providers) and systems you authorize. BotOS is not responsible for third-party services, their availability, or changes they make. Your use of connected systems may also be governed by those providers' terms.

9. Changes to the Services

We may update, modify or discontinue features, and may change underlying AI models, providers and infrastructure, provided we do not materially reduce the core functionality of a paid plan during your current billing period.

10. Customer Data and AI training

  • You retain your rights in data, content and knowledge you provide or connect, and in the conversations and records your Digital Employees handle for you ("Customer Data").
  • You grant BotOS a worldwide, non-exclusive license to host, copy, process, transmit and display Customer Data as needed to provide, secure, maintain, monitor, support, troubleshoot and improve your BotOS service, to prevent abuse, and as required by law.
  • No training of general models for others. BotOS does not use your Customer Data (including your private business content, connected-system data, conversations, documents or other proprietary information) to train or fine-tune generalized AI models that are made available to other customers. We may process Customer Data as necessary to provide, secure, maintain, monitor, troubleshoot and improve your own BotOS service, including your workspace and Digital Employees.
  • You represent that you have all rights and consents needed for BotOS to process Customer Data as contemplated.
  • Our handling of personal information is described in our Privacy Policy.

11. Ownership

BotOS and its licensors own the Services, platform, software, models, prompts, workflows, templates, configurations BotOS provides, documentation and all related technology and intellectual property, including improvements. No rights are granted except as expressly stated. If you provide feedback, we may use it without obligation.

Output. As between the parties, and to the extent BotOS has rights in it, BotOS assigns to you its rights in output generated for you from your Customer Data, subject to these Terms. BotOS makes no representation that output is protectable or unique, and similar output may be generated for others.

12. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Services with reasonable care and use it only to perform under these Terms, except information that is public, already known, independently developed, or required to be disclosed by law.

13. Suspension

We may suspend all or part of the Services immediately if we reasonably believe there is abuse, unlawful activity, a security risk, a risk of harm to BotOS, other customers or providers, excessive cost or load, a violation of these Terms, or non-payment. We will try to give notice where reasonable and restore access once the issue is resolved.

14. Term, cancellation and termination

  • Term. These Terms continue while you use the Services.
  • Cancellation by you. You may cancel your subscription at any time by emailing nate@botos.ai from an authorized account email address. We process cancellations in our billing system (Stripe). Cancellation takes effect at the end of your current paid billing period; you keep access until then, and fees already paid for that period are not refunded.
  • Termination by BotOS. We may terminate for your material breach that you do not cure within 30 days after notice. We may suspend or terminate immediately, without a cure period, for non-payment, unlawful use, abuse, security threats, material risk to the Services or to others, or any other circumstance in which waiting for a cure period would be inappropriate. We may also terminate for convenience with 30 days' notice. If we terminate for convenience (and not because of your breach or misuse), we will refund prepaid recurring subscription fees attributable to the period after termination takes effect.
  • Effect. When termination or cancellation takes effect, fees owed become due and access ends. On your written request after that, we will delete or de-identify Customer Data within a commercially reasonable time. We may retain legal, compliance, tax, billing, security and audit records, and copies held in backups or by our third-party service providers, where reasonably necessary or in accordance with applicable retention cycles and legal obligations. You may contact us at nate@botos.ai regarding access to or export of your Customer Data, subject to technical availability, applicable law and your Order.
  • Sections that by their nature should survive will survive.

15. No SLA; no regulatory certification

No service-level, uptime or support-response commitment applies unless set out in a separate signed agreement. BotOS does not represent that the Services are HIPAA compliant or meet PCI-DSS or other industry-specific regulatory requirements, and does not sign business associate agreements, unless expressly agreed in a separate signed agreement. You must not use the Services for PHI or cardholder data except as that agreement permits.

16. Disclaimer of warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY.

BOTOS'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO BOTOS FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not limit your payment obligations or your indemnity obligations, and do not exclude or limit any liability to the extent it cannot be excluded or limited under applicable law (for example, liability for fraud or willful misconduct).

18. Indemnification

You will defend, indemnify and hold harmless BotOS and its affiliates, officers, employees and providers from any claims, damages, penalties, fines, costs and expenses (including reasonable attorneys' fees) arising from: your Customer Data or instructions; actions you authorized, approved or enabled Digital Employees to take; your calls, messages, emails and outreach; your violation of law (including consent, telemarketing, anti-spam and privacy laws), of third-party rights, or of these Terms; or claims that your content infringes intellectual property rights.

19. Changes to these Terms

We may update these Terms. For material changes, we will provide at least 30 days' notice by email or in the Services. Continued use after the effective date means you accept the updated Terms.

20. Governing law and disputes

These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the State of South Dakota, without regard to conflict-of-laws rules. Any such dispute will be brought exclusively in the Circuit Court of the Second Judicial Circuit sitting in Lincoln County, South Dakota or, where federal jurisdiction exists, the United States District Court for the District of South Dakota, Southern Division, and each party consents to that jurisdiction and venue. Either party may seek injunctive relief to protect its intellectual property or confidential information.

21. General

These Terms (with any Order and the Privacy Policy) are the entire agreement on this subject. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. If any provision is unenforceable, the rest remains in effect. Failure to enforce is not a waiver. Legal notices to BotOS: nate@botos.ai, BotOS Inc., PO Box 671, Tea, SD 57064, United States.

22. Contact

BotOS Inc. — nate@botos.ai (formal legal notices) — PO Box 671, Tea, SD 57064, United States. General questions: info@botos.ai.