Terms of Service and Sale

These Terms of Service and Sale ("Terms") govern access to and use of the www.replybot.org platform (the "Service") operated by Replybot.

Signing up for the Service constitutes full and unconditional acceptance of these Terms. If you do not agree, you must not use the Service.

For the purposes of these Terms:

• "Service" means the www.replybot.org platform and all its features (WhatsApp bot, voice phone agent, dashboard, API).
• "User" or "You" means any natural or legal person who has created an account on the Service.
• "Tenant" means the organization account grouping one or more Users sharing the same subscription.
• "End Contact" means any third party who interacts with a bot or voice agent deployed by a Tenant via the Service (e.g. a phone caller or a WhatsApp correspondent).
• "User Content" means any data, message, prompt, configuration or file the User provides to the Service.

Replybot provides a SaaS platform that lets businesses connect one or more WhatsApp numbers to an AI-powered conversational bot, and to deploy phone voice agents able to answer calls, take messages and book appointments in a calendar.

The Service is provided "as is" and evolves continuously: new features may be added, modified or removed without individual prior notice.

Sign-up requires providing a valid email address. The User undertakes to provide accurate information and to keep it up to date.

The User is solely responsible for the confidentiality of their login credentials. Any use of the account is deemed to be the User's own. Replybot cannot be held liable for fraudulent use resulting from negligent credential storage.

The Service is offered as monthly or annual subscriptions. Prices in force are displayed on the pricing page of the Service.

Payments are processed by our provider Polar Software Inc. ("Polar") acting as Merchant of Record. As such, Polar is party to the sale agreement with the User, collects the payments on its own account and handles applicable VAT collection and remittance. Polar's terms apply to the payment leg (https://polar.sh/legal).

Unless otherwise stated, the subscription auto-renews at each term until cancelled by the User. No refund is owed for ongoing periods, except where required by law (in particular the right of withdrawal for individual consumers).

A limited free tier may be offered with no commitment. Exact conditions (usage limits, duration) are stated on the pricing page.

The User may cancel their subscription at any time from their dashboard. Cancellation takes effect at the end of the current billing period; access is preserved until then.

The User shall refrain from:

• using the Service for illegal, fraudulent or contra-bonos-mores purposes;
• sending spam, unsolicited messages or advertising messages without the prior, explicit and verifiable consent of recipients (GDPR, articles 6 and 7);
• targeting numbers registered on the French Bloctel telemarketing opt-out list without complying with the obligations of article L. 223-1 of the French Consumer Code;
• violating WhatsApp Business Terms of Service or Meta platform policies;
• attempting to circumvent, disable or compromise the Service's security measures;
• extracting, copying or massively reusing Service content for competitive or commercial purposes ("scraping");
• reselling access to the Service or making it available to third parties for compensation without Replybot's prior written authorization;
• using the Service to generate deepfakes, impersonate third parties or spread disinformation.

Replybot strives to maintain high Service availability but provides no contractual Service Level Agreement (SLA) unless specifically agreed with an enterprise User.

Maintenance operations, planned or remedial, may temporarily make the Service unavailable. Replybot strives to limit their duration and impact.

The Service relies on third-party providers (notably WhatsApp/Meta, Twilio, Google, OpenAI, Mistral). Unavailability, pricing changes or policy changes from these providers may affect the Service without Replybot's liability being engaged.

The Service uses AI models to generate text and voice responses. Despite our improvement efforts, these models may produce inaccurate, incomplete or inappropriate content ("hallucinations").

The User expressly acknowledges that generated responses are provided for informational purposes only and cannot in any case substitute for human professional advice (notably medical, legal, financial or technical).

The User remains solely responsible for the configuration of their agent (system prompt, business instructions, knowledge base, transfer numbers, hours) and for messages actually sent or words actually spoken by the agent to End Contacts.

Personal data processing is governed by our Privacy Policy, available at www.replybot.org/privacy.

The User (Tenant) remains the data controller (within the meaning of the GDPR) for their End Contacts' data. Replybot acts as a processor for that data and uses it strictly within the scope of providing the Service.

User Content remains the property of the User. Replybot only holds a license of use strictly necessary for providing the Service.

The Service, its source code, graphical interfaces, knowledge bases, proprietary AI models and all technical and creative components are the exclusive property of Replybot or its partners.

Nothing in these Terms shall be construed as a transfer of intellectual property rights to the User. The User is granted a personal, non-exclusive, non-transferable right of use over the Service for the duration of their subscription.

The Service is provided "as is" and "as available". To the maximum extent permitted by applicable law, Replybot disclaims all express or implied warranties, including merchantability, fitness for a particular purpose or freedom from errors.

Save in cases of gross negligence, willful misconduct or bodily injury, and to the extent permitted by law, Replybot's total cumulative liability towards the User, all causes combined, is capped at the total amount actually paid by the User during the twelve (12) months preceding the event giving rise to the damage.

Replybot cannot be held liable for indirect, intangible or unforeseeable damages, including loss of revenue, customers, data, image or opportunity.

The User undertakes to defend and indemnify Replybot against any claim, action or judgement brought by a third party (notably an End Contact, a competitor or a public authority) arising from a User's breach of these Terms, of applicable law or of the conditions of third-party platforms used (WhatsApp, Twilio, Google, etc.).

Replybot reserves the right to suspend or terminate a User's access to the Service automatically, without notice and without compensation, in case of:

• breach of these Terms or of applicable law;
• payment default not cured within seven (7) days following a reminder;
• abusive or fraudulent use of the Service (notably massive generation of unwanted calls, circumvention of technical limits);
• credible third-party report (public authority, partner platform) of non-compliant use.

Replybot may modify these Terms at any time to reflect changes in the Service or the legal framework. Material changes are notified to the User at least thirty (30) days before they take effect, by email or through the dashboard.

Continued use of the Service after the changes take effect constitutes acceptance. Otherwise, the User may cancel their subscription before that date.

Neither party shall be held liable for a breach of its obligations resulting from a force majeure event as defined by article 1218 of the French Civil Code, notably: major weather event, armed conflict, widespread outage of an Internet service provider or critical sub-processor, massive cyber-attack, decision of a public authority making performance impossible.

These Terms are governed by French law.

Failing amicable resolution, any dispute relating to their formation, performance or interpretation falls within the exclusive jurisdiction of the French courts having jurisdiction over the registered office of Replybot, except as otherwise required by mandatory law (notably for individual consumers, who may seize the courts of their domicile).

For any question regarding these Terms, the User may contact Replybot via the contact form available on www.replybot.org.