Terms and Conditions

These terms and conditions apply to all contracts for the use of BotPark between Nils Oborny, Rippoldsauer Str. 3, 70372 Stuttgart, Germany (“we”), and the customer.

BotPark is aimed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. By signing up, the customer confirms that they are acting in the course of their commercial or independent professional activity.

Deviating or supplementary terms of the customer only apply if we expressly agree to them in text form.

BotPark is software we provide as a service over the internet (software as a service). Customers use it to create AI-powered chat assistants from their own content (such as their website, files, texts and databases), embed them in their own websites or provide them at their own address, and manage conversations, contact requests and settings in a dashboard.

The scope and limits of the plans – such as the number of assistants, questions per month, knowledge capacity, team members and included features – are set out in the price list at botparkai.com/pricing at the time the contract is concluded or the plan is changed.

We continuously develop BotPark and may change, add or replace features as long as the agreed core of the service is preserved and the change is reasonable for the customer.

The assistants' answers are generated automatically by a language model from the customer's content. Despite the checks in place, they may be incomplete or incorrect. We do not owe any particular correctness of the answers; the customer is responsible for the content they are based on.

An account is required to use BotPark. The details given when signing up must be true and complete; login details must be kept secret and must not be passed on. Other people take part as team members with their own accounts.

Completing the sign-up concludes a contract for the free trial (§ 4). A paid contract is concluded when the customer chooses a plan in the dashboard and completes the order with our payment service provider using the button for an order subject to payment.

Each customer can test BotPark once for 7 days free of charge with the scope of the “Pro” plan. No payment details are required.

The trial ends automatically without notice of termination and without cost. If no plan has been booked by then, the assistants pause; the content remains stored in accordance with § 12.

If a plan is booked during the trial, payment only becomes due at the end of the trial.

The trial is available once per account. In case of abuse, such as repeated sign-ups, we may refuse or end it.

The prices stated at the time the contract is concluded apply. All prices include statutory VAT.

Fees are payable in advance for the respective billing period (monthly or yearly). Payment is processed by our payment service provider Stripe; the customer authorises us to collect amounts due via the payment method on file. We provide invoices electronically by email and in the customer portal.

If a payment fails, we try to collect it again over the following days and inform the customer. If this remains unsuccessful, the subscription ends and the assistants pause; the claim to fees incurred up to that point remains unaffected.

We announce price changes for ongoing contracts in text form at least six weeks before they take effect. They apply from the next billing period unless the customer cancels before they take effect; we point this out in the announcement.

A monthly subscription runs for one month and renews for one further month at a time. A yearly subscription runs for twelve months and renews for a further twelve months at a time.

Either party may cancel at any time with effect from the end of the current billing period. The customer cancels in the dashboard under “Plan & usage” → “Manage subscription” or in text form to us. Everything remains usable until the end of the period.

The right to terminate for good cause remains unaffected.

If the customer deletes their organisation or account, the subscription ends immediately. Fees already paid are not refunded in this case.

The customer can switch to another plan or billing period at any time. The difference is prorated.

A plan's limits apply to everything that exists in the organisation. If, after switching to a smaller plan – including after the trial – the existing setup exceeds its limits, whatever exceeds them is locked: additional assistants no longer answer, additional team members lose access, knowledge beyond the capacity is no longer used and features that are not included are no longer available. Before the switch we show what will be locked. Nothing locked is deleted, and it is available again immediately after switching to a suitable plan.

Once the monthly question quota has been used up, the assistants no longer answer questions until the beginning of the next calendar month.

We strive for availability that is as uninterrupted as possible, but do not owe any particular availability. Where possible, we carry out maintenance at times of low usage.

We are not responsible for disruptions outside our sphere of influence – such as outages of the internet, data centres or language model providers. Where provided for, we switch to backup providers.

• The customer is responsible for the content they add to or connect with BotPark. They ensure that they are entitled to do so and that the content infringes neither third-party rights nor statutory provisions.
• They do not use BotPark for unlawful purposes, to send unsolicited messages or in a way that impairs our systems, for example through automated mass requests.
• If the customer embeds assistants in their own services, they inform visitors there appropriately – in particular that an AI is answering, and about the processing of personal data in their own privacy policy.
• If the customer lets assistants write to their own databases (actions), they define tables, fields and permissions themselves and check the setup in the test area before use.
• The customer additionally backs up content that is important to them.

The customer's content remains theirs. They grant us the simple rights, limited to the term of the contract, that are necessary to provide BotPark – such as storing, processing, searching and outputting it in the assistants' answers.

We do not use the customer's content to train language models.

All rights to BotPark itself remain with us.

Where we process personal data on behalf of the customer – such as conversations and contact requests of their visitors – the provisions on processing on behalf pursuant to Art. 28 GDPR in section 12 of our privacy policy (botparkai.com/en/legal/privacy) apply. They form part of this contract.

In the event of serious breaches of § 9 or a specific suspicion of abuse, we may temporarily suspend access or assistants. We inform the customer and take their legitimate interests into account.

After the end of the contract or of a trial without a subsequent subscription, the content initially remains stored so that the customer can subscribe again at any time. The customer can export or delete it themselves at any time. We may delete organisations without a subscription after a reasonable period of at least 90 days, after announcing this by email.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

In the case of slight negligence, we are only liable for breach of an essential contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In this case, liability is limited to the typical, foreseeable damage, at most to the fees the customer paid in the twelve months before the damaging event.

We are only liable for loss of data to the extent of the effort that would have been required to restore it had the customer backed it up properly.

Strict liability for defects already present at the time the contract was concluded (Section 536a (1) alt. 1 BGB) is excluded.

During the free trial we are – except in the cases of the first paragraph – only liable for intent and gross negligence.

We may change these terms with effect for the future if there is an objective reason – such as a change in the law or new features – and the change is reasonable for the customer. We announce changes in text form at least six weeks before they take effect. If the customer does not object before they take effect, they are deemed accepted; we point out this consequence and the right to cancel in the announcement. If the customer objects, either party may terminate the contract with effect from the date the change takes effect.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Stuttgart. We may also sue the customer at their general place of jurisdiction.

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.