Terms & Condition

Important notice: These Terms and Conditions are translated from the original French version. In case of doubt, discrepancy, or misunderstanding, the French version shall prevail and serve as the authoritative reference. Users are advised to consult the French version for any legal interpretation or clarification.

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‍1. Legal Information
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The BotRank.ai website is published by the sole proprietorship FC Digital, operated by Florian Chapelier.

• Address: Bâtiment H7, 70 Quai Perrache, 69002 Lyon, France
• Contact: contact@botrank.ai
• SIRET: 87983965200028
• Registered office: FC Digital, 35 impasse du Domaine, 69530 Orliénas, France

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The presentation website is hosted by Webflow Inc., 398 11th Street, 2nd Floor, San Francisco, United States

The SaaS is hosted by Amazon Web Services (AWS) EMEA SARL, 38 avenue John F. Kennedy, L-1855 Luxembourg

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2. Definitions

"Service": refers to the BotRank.ai platform and all associated functionalities.

"User": refers to any legal or natural person using the Service. The Service is strictly reserved for professional use. The User undertakes to create an account within the framework of their professional activity. BotRank.ai is not required to verify this capacity and cannot be held responsible for use by a consumer.

"Account": personal interface created by the User to access the Service.

"Subscription": free or paid subscription allowing access to Service functionalities. The subscription is automatically renewed monthly or annually according to the chosen formula, unless cancelled by the user.

"User Data": all data entered, generated, or analyzed by the User via the Service.

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3. Purpose of the Service

BotRank.ai is an online SaaS tool, exclusively intended for professionals, allowing analysis and optimization of a website's presence and performance in AI search engines. The Service provides technical, editorial, and strategic recommendations based on algorithmic models.

The results provided have no contractual value and cannot guarantee effective referencing, ranking, or visibility on AI platforms or search engines. The User is solely responsible for the use of the recommendations produced.

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4. Account Creation and Service Access

Access to the service requires creating a user account with an email address and password or via a Google account. Acceptance of the Terms and Conditions is required upon registration and is automatically timestamped at that moment.

Account access is strictly personal. BotRank reserves the right to suspend any account in case of unauthorized or fraudulent use.

The cancellation system complies with the June 2023 reform: users can cancel their subscription via their personal space in less than three clicks, in accordance with regulations, through Stripe.

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5. Offers and Pricing

The service is offered according to several formulas:

Free version: limited access to certain functionalities and a reduced number of scans, within the quotas defined by BotRank.ai.

Premium subscriptions: see current rates displayed on the site, payable monthly or annually via the Stripe payment terminal. These subscriptions are automatically renewed at expiration, unless cancelled by the user.

Modification of rates and conditions: BotRank.ai reserves the right to modify at any time the rates, subscription conditions, quotas, available functionalities, and service access modalities, including the deletion or modification of the free offer. These modifications may apply upward or downward.

The user will be informed of any modification by email to the address associated with their account and/or by notification on the site, with a minimum notice of fifteen (15) calendar days, except in the following cases which allow immediate application:

• Imperative legal or regulatory constraints
• Major technical constraints related to security or service operation
• Modification of third-party service costs (APIs, hosting for example)
• Exceptional economic circumstances affecting service viability

Acceptance of modifications: Continued use of the service after the new conditions come into effect constitutes express acceptance thereof. In case of refusal, the user must cancel their subscription, without penalty, effective at the end of the current subscription period.

Universal application: any modification applies to all users, regardless of their seniority, subscription type, or initially subscribed conditions.

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6. Payment Terms

Payment and billing: payment is made via Stripe (credit card or other compatible means) according to the chosen periodicity. VAT is applied according to current tax rules.

Payment default: Any default or delay in payment automatically results in:

• Immediate suspension of service access, without prior notice
• Application of late penalties at a rate of three (3) times the legal interest rate, with a minimum equal to the ECB rate increased by ten (10) points
• A flat recovery fee of forty (40) euros per unpaid invoice, in accordance with article L441-10 of the Commercial Code
• Processing fees of ten (10) euros per payment incident

Recovery: in case of recourse to a third party for recovery of amounts due, all costs incurred (lawyer fees, procedure costs, etc.) will be borne by the defaulting user.

Compensation: BotRank.ai reserves the right to offset any amount owed by the user with any liquid and due claim that the latter might hold.

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7. Withdrawal, Cancellation and Refund

Right of withdrawal: the service being exclusively intended for professionals within the framework of their activity, no right of withdrawal is applicable in accordance with article L221-28 of the Consumer Code.

Cancellation by the user: the subscription can be cancelled at any time by the user from their personal space, in accordance with current regulations (law of August 16, 2022). Cancellation is performed in less than three clicks via the integrated Stripe interface. Cancellation takes effect at the end of the current subscription period, without refund of the already paid period.

Cancellation by BotRank: the company reserves the right to suspend or immediately cancel, without notice or compensation, any user account in the following cases:

• Non-compliance with these Terms and Conditions
• Fraudulent, abusive use or contrary to the service's purpose
• Attempt to circumvent technical or pricing limitations
• Reverse engineering activities, automated scraping, or massive data extraction
• Payment delay
• Use of the service for competitive purposes
• Behavior damaging the image or operation of the service

Temporary suspension: in case of technical problems, maintenance, or non-payment, BotRank.ai may temporarily suspend service access after notifying the user.

Refund: no refund will be granted in case of early cancellation, whatever the cause. Amounts paid remain definitively acquired by BotRank.ai.

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8. Obligations and Responsibilities

The user undertakes to:

• Use the service in accordance with the law, these Terms and Conditions, and its professional purpose
• Not harm the integrity, security, or proper functioning of the platform
• Maintain the confidentiality of their login credentials and immediately inform BotRank.ai of any unauthorized use
• Provide accurate and up-to-date information during registration and use of the service
• Respect the quotas and usage limitations defined for each type of subscription
• Not use the service for illegal, fraudulent purposes or harming third-party rights

Specific prohibitions

It is strictly forbidden to:

• Proceed with reverse engineering, decompilation, or disassembly of the service
• Use robots, automated scripts, or any technical means to massively extract data
• Resell, redistribute, or commercially exploit service results without written authorization
• Use the service to analyze with the intent to harm BotRank
• Attempt to circumvent security measures or technical limitations of the service
• Create fake accounts or use false identification information

User responsibility

The user acknowledges being solely responsible for:

• The choice of brands, domain names, or content submitted for analysis
• Holding necessary rights to analyzed brands and content
• The use they make of recommendations and analyses provided by the service
• Consequences of implementing recommendations on their referencing

The user guarantees holding all necessary rights and undertakes to indemnify BotRank.ai for any recourse, claim, or damage resulting from infringement of third-party rights (trademark infringement, unfair competition, parasitism, copyright violation, etc.).

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Limitation of BotRank.ai's liability

BotRank.ai cannot be held responsible for:

• Results obtained following application of provided recommendations
• Downgrading, content deletion, or sanctions applied by a search engine or artificial intelligence platform
• Interpretation or use of data by third-party AI engines
• Temporary service interruptions related to maintenance or updates
• Malfunctions of used third-party services (APIs, hosting)
• Data loss resulting from non-compliant use of the service

Liability cap: in any case, BotRank.ai's financial liability, for all causes combined, is expressly limited to the total amount of sums actually paid by the user during the three (3) months preceding the damage-causing event.

Prescription: any legal action relating to the service must be initiated within a maximum period of one (1) year from the occurrence of the event giving rise to the claim, in accordance with article 2224 of the Civil Code.

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9. Audit and Compliance

Audit right: BotRank.ai reserves the right to conduct, with forty-eight (48) hours' notice, compliance audits of the user's service usage, particularly to verify compliance with quotas and conditions of use.

User cooperation: The user undertakes to cooperate in good faith with these audits and to provide information reasonably necessary for their completion.

Audit consequences: if an audit reveals non-compliant use, the user must:

• Immediately regularize their situation
• Bear audit costs if the observed deviation exceeds 20% of authorized quotas
• Where applicable, pay additional charges corresponding to excess usage

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10. Intellectual Property

All website elements (code, algorithms, analyses, interfaces) are the exclusive property of FC Digital. Any reproduction, extraction, or distribution is strictly prohibited without written authorization.

In addition to visible service elements, the following are also protected:

• Algorithms and calculation methods
• Databases and their structure
• Analysis and recommendation processes
• Application Programming Interfaces (APIs)
• Technical documentation

Specific prohibitions - it is notably forbidden to:

• Analyze source code or service algorithms
• Create derivative works based on the service
• Use BotRank.ai trademarks, logos, or graphic elements
• Reproduce the appearance or functioning of the service

Infringement reporting: the user undertakes to report to BotRank.ai any violation of intellectual property rights of which they become aware.

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11. Confidentiality and Data Protection

Personal data collected is processed in accordance with BotRank.ai's Privacy Policy, available on the site. FC Digital acts as data controller.

In accordance with the European legal framework (notably the Data Act and SREN law), users may request export of their User Data at any time. BotRank undertakes to provide the export within the limits of its technical capabilities, in a commonly used format (CSV, JSON). We do not guarantee portability of a format or complete transfer.

Access security

The user undertakes to:

• Use strong passwords and change them regularly
• Not share their login credentials
• Immediately report any unauthorized access to their account
• Respect good IT security practices

Data backup: BotRank.ai implements appropriate backup measures but strongly recommends that users maintain their own backups of important data.

Breach notification: in case of personal data breach likely to result in high risk to the user's rights and freedoms, BotRank.ai undertakes to notify them as soon as possible.

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12. Force Majeure

BotRank cannot be held responsible in case of force majeure events as defined by French jurisprudence (global network failure, fire, natural disasters, social conflicts, etc.).

If the force majeure event suspends execution of its obligations for more than 30 consecutive days, each party may terminate the contract without compensation, by notification to the other party.

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13. Modifications

Right of modification: BotRank.ai reserves the right to modify these Terms and Conditions of Use at any time, particularly to adapt them to service developments, legislation, or jurisprudence.

Notification of modifications: Users will be informed of any modification by email to the address associated with their account and/or by visible notification on the website.

Notice and effective date

• For substantial modifications affecting the rights and obligations of parties: minimum notice of fifteen (15) calendar days
• For minor modifications (corrections, clarifications, technical updates): immediate effective date
• For modifications imposed by legal or regulatory constraints: immediate effective date

Definition of substantial modifications

Considered substantial are modifications concerning:

• Pricing conditions (except application of section 5)
• Cancellation conditions
• Liability limitations
• Main obligations of parties
• Commitment duration

Acceptance of modifications: continued use of the service after new Terms and Conditions come into effect constitutes express acceptance thereof. In case of refusal of substantial modifications, the user may cancel their subscription without penalty.

Archiving: previous versions of Terms and Conditions are archived and may be consulted upon request for a period of three (3) years.

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14. Service Evolution

Continuous improvement: BotRank.ai strives to continuously improve its service and may at any time:

• Add new functionalities
• Modify the user interface
• Optimize performance
• Adapt the service to technological developments

Experimental features: certain features may be offered experimentally or in beta version. They are provided "as is" without particular guarantee and may be modified or removed without notice.

Obsolescence: BotRank.ai reserves the right to declare certain functionalities obsolete with three (3) months' notice, except imperative technical constraints requiring a shorter period.

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15. Fair Use and Service Protection

Fair use principle: the user undertakes to use the service in good faith, respecting its purpose and without prejudicing the legitimate interests of BotRank.ai or other users.

Protection against unfair competition

The user is prohibited, during their subscription period and for six (6) months after cancellation, from:

• Developing, marketing, or promoting a directly competing service using similar methods or algorithms
• Soliciting BotRank.ai clients or partners to offer them a competing service
• Using information obtained via the service to develop a competing offer

Monitoring and control: BotRank.ai reserves the right to monitor service usage and implement technical measures to prevent abuse, without this constituting a general monitoring obligation.

Sanctions

In case of violation of these provisions, BotRank.ai may, without prejudice to all other remedies:

• Suspend or immediately terminate service access
• Claim damages
• Take any appropriate conservatory measures

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16. Artificial Intelligence and Regulatory Transparency

BotRank.ai uses artificial intelligence models provided by third parties (OpenAI, Mistral, Claude, Gemini, Perplexity, etc.). Proposed analyses may include results produced from these models, in compliance with the European regulatory framework (notably the Artificial Intelligence Regulation known as "AI Act").

BotRank undertakes to document the models used, their version, and their general logic in documentation made available to users. The tool is not intended to replace human audit or legal analysis.

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17. Applicable Law and Competent Jurisdiction

These conditions are governed by French law. Any dispute relating to their execution or interpretation falls under the exclusive jurisdiction of Lyon courts.

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18. Contact

For any question or complaint: contact@botrank.ai - Bâtiment H7, 70 Quai Perrache, 69002 Lyon

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