Terms of Service

1. Provider and contacts

Botchi is supplied by Sealo S.r.l., with its registered office at Strada Trossi 41, 13871 Verrone (BI), Italy, VAT number IT 02777410024, REA BI-310965, referred to as the "Provider".

For support, complaints, and communications concerning the contract: hello@botchi.ai.

2. Scope and contractual documents

These Terms govern access through the website, mobile applications, chat, dashboard, APIs, and MCP, including personal assistants, agents, automations, and internal applications available under the purchased plan.

"Customer" means the contracting party; "User" means a person authorized to use the Service. A "Consumer" is an individual acting outside their trade, business, craft, or profession. The name of a plan or account does not, by itself, determine this status. Provisions expressly reserved for professional Customers do not apply to Consumers.

The offer and order summary define price, duration, renewal, included services, and limits. Individually signed agreements prevail over these Terms for the matters they govern; the data processing agreement, or DPA, prevails for personal data processed on the Customer's behalf. Mandatory law continues to apply.

The Privacy Policy describes personal data processing and does not constitute general consent. The subprocessor list identifies relevant providers; the security and AI Act pages describe measures and supported uses and do not constitute certifications or guarantees beyond those expressly agreed.

3. Contract formation and accounts

Before ordering, the Customer can review these Terms and the commercial conditions. A paid contract is formed when the Provider communicates acceptance of the order, or under the applicable purchase channel's process. The Customer receives confirmation and contractual information on a durable medium. The obligation to pay must be clear from the action confirming the order.

The contracting person must have legal capacity under applicable law. A person acting for an organization represents that they have authority to bind it. The Service is restricted to people aged 18 or over. Creating accounts for minors or authorizing their access, including through a business account, is not permitted.

The Customer provides accurate, current information, protects credentials, and promptly reports suspected unauthorized access. Business Customers manage roles, invitations, connections, and User permissions. They are responsible for activities attributable to them and their Users within the limits of the law; this does not exclude the Provider's responsibility for shortcomings attributable to it.

4. Service, models, and technical requirements

Features, technical requirements, compatibility limits, and plan restrictions are described in the offer and documentation available before purchase. Access requires compatible devices and connectivity and, for integrations, valid accounts and permissions with the relevant services.

Botchi uses AI services including Vercel AI Gateway, OpenRouter, Amazon Bedrock, Google Vertex AI, and Mistral AI, alongside specialized services such as Deepgram. Where available, the User or administrator chooses among enabled models and providers; otherwise the feature's settings apply. Transcription, document reading, content generation, and other operations may use services different from the model selected for chat.

Customer choices and Botchi's role

Botchi provides an application environment that integrates and coordinates third-party AI models and services, adding context management, tools, permissions, and automations. Listing a model in the catalog is not a recommendation of suitability for every use or a guarantee that all providers offer identical retention, training, or location conditions.

When the Customer or an authorized User selects a model, provider, or processing route, the Customer is responsible for assessing its suitability for the intended purpose, the data to be processed, and their legal, professional, and contractual obligations. This assessment is based on the capabilities, limitations, and conditions made available before selection, including information on cost, retention, training use, and processing location where available. In business accounts, administrators manage permitted choices and Users act within their permissions.

Selection authorizes the selected route for the relevant functions, within applicable instructions and agreements. It is not general consent to additional processing, a waiver of personal data rights, or permission to depart from the DPA. If available information does not establish whether a specific Customer requirement is met, the Customer must obtain clarification before using that feature for the relevant data or purpose.

Each route is presented with the conditions Botchi enforces on it: delivery path, retention, training use, and inference region where the provider reports it. Selecting a route that uses automatic provider selection is a selection of that route and of its stated conditions: automatic selection and fallbacks are limited to providers that satisfy those conditions. Selecting a route shown without a given protection, such as zero data retention, is an instruction to proceed without it. Where a business account keeps a default route, that route and its conditions are shown in the account's model settings, and keeping it has the same effect as an express selection by the Customer. Where a feature offers no choice, the Provider selects the route and its conditions are described on the subprocessor page.

Retention, training, and location conditions are those declared by each provider in its documentation and in its agreements with the Provider. The Provider configures each request according to those declarations and to the Customer's selection, and relies on the provider's commitments; it does not audit the provider's internal operation. Toward professional Customers, and for matters not governed by the DPA or by mandatory law, the Provider does not warrant a provider's compliance with its own declarations beyond the remedies the Provider itself obtains from that provider.

The Customer is responsible for consequences attributable to their choices, instructions, and use, within the limits of the law. The Provider remains responsible for transmitting requests in accordance with the selected route and its stated conditions, respecting permissions, supplying contractual information, and applying the security and data protection measures within its responsibility. This allocation does not exclude mandatory Consumer rights or mandatory law.

Availability, capabilities, and response times may depend on external providers. The Provider may replace a component while respecting contractual features, authorization settings, and applicable data processing commitments. Perpetual availability of a particular model is not guaranteed. Material changes are governed by section 15.

5. Prices, purchase channels, and payments

5.1 Commercial information

Price, currency, frequency, taxes, quantities, additional charges, and promotional conditions are disclosed before order confirmation. Consumers are shown the total amount due, including applicable taxes. For professional offers, amounts excluding tax are identified as such and the total is shown before purchase. Customers provide accurate and current billing details.

5.2 Web purchases through Stripe

Available web purchases are processed through Stripe and may include business subscriptions, additional seats, Sparks top-ups, and authorized automatic top-ups. The Provider remains the contracting party for the Service sold directly; using Stripe for collection, invoicing, or subscription management does not transfer the Provider's contractual obligations to Stripe.

The account owner manages payments, invoices, and subscriptions through Billing and the linked Stripe portal. Payment-method conditions apply to the relevant transaction without replacing these Terms.

5.3 Mobile store purchases

Purchases through Apple App Store and Google Play follow the relevant store's process, payment conditions, and management procedures, subject to applicable law. RevenueCat supports purchase verification and subscription access management; it is not described as the seller or store collecting payment.

Renewals, cancellation, and refund requests for these purchases use the purchase channel's tools; the Provider assists with Botchi-related matters. This operational allocation does not exclude mandatory Consumer rights.

6. Duration, renewal, and cancellation

Subscription duration and billing frequency are stated in the order. Where automatic renewal applies, its price and cancellation method are disclosed before purchase. Renewal continues until cancellation within the period stated in the offer and permitted by law.

For web purchases, the owner uses Billing and the linked portal; for mobile purchases, the store's subscription management. Customers experiencing difficulties may contact support. Cancellation stops subsequent renewals and ordinarily preserves access until the paid period ends. It is distinct from statutory withdrawal and account deletion.

Uninstalling the app or stopping use does not cancel a subscription. Before account deletion, the Customer must follow the instructions for managing their purchase channel's renewals; some external renewals, particularly Apple, may continue unless cancelled with the store.

For non-payment, the Provider may request payment and limit paid functions, with prior notice where possible. Access resumes once payment is confirmed and plan requirements are met. Disputed amounts are investigated; statutory remedies remain available.

7. Business seats, Sparks, and additional services

7.1 Seats and members

For per-seat plans, the amount depends on the seats specified in the offer. An invitation may authorize the disclosed charge for a new member: charging occurs upon acceptance unless a previously paid seat is available. Applicable prices and promotions are shown in the invitation flow.

Removing a member reduces seats billed at the next renewal. It does not ordinarily generate a refund for an ongoing period, unless the offer or mandatory law provides otherwise. Reassignment of a paid seat follows the availability shown in the Service.

7.2 Usage and top-ups

Sparks are contractual units of Botchi consumption. The offer distinguishes the included plan allowance from the reserve purchased through top-ups. Operations consume Sparks under the rates and methods made available in the Service; consumption may vary with model, duration, tools, and resources used. An operation that used resources may incur consumption even if its output does not meet expectations, without prejudice to billing errors or remedies for Service defects.

The included allowance is used before the reserve. Business account availability is shared according to account permissions and limits. Exhaustion may prevent new usage-based operations. Included Sparks are available for the relevant monthly subscription period. Unused included Sparks expire at the end of each monthly period and do not carry over or accumulate. This expiry does not apply to the purchased reserve.

Purchased business top-ups have no ordinary time expiry; use remains subject to account availability and Service requirements. They do not confer a right to cash conversion or transfer outside Botchi except where required by law. Withdrawal, termination, and refunds are governed by sections 8 and 14; purchasing a top-up does not remove those rights.

7.3 Automatic top-ups

Automatic top-up is optional and requires the account owner's explicit authorization. Authorization covers charges to the specified payment method when the balance falls below the configured threshold, for the chosen amount and within any selected limits. Each top-up generates a separate invoice with applicable tax; Sparks are credited after payment.

The owner may change or disable the feature. Disabling prevents new automatic top-ups but does not cancel an invoice already issued or an operation already started. An incomplete payment may pause further automatic top-ups until resolved.

7.4 Internal applications and other paid features

Features such as publishing and maintaining internal applications may require recurring Sparks charges separate from building, verification, and preview consumption. Amount, period, renewal, stopping method, and consequences of insufficient balance are presented before activation. Beta status does not mean free service or exclude mandatory rights.

8. Consumer withdrawal, refunds, and conformity

8.1 Withdrawal from a remotely purchased service

Consumers covered by EU distance-contract rules may withdraw without giving reasons within fourteen days of the service contract's conclusion, subject to statutory exceptions. The period is extended where the law provides for failure to supply proper withdrawal information.

Consumers may send an unequivocal statement to the contacts in section 1, including using the form below. The right to use an online withdrawal function where required by applicable law, and the Provider's corresponding obligation to make it available, remain unaffected. Email or postal withdrawal remains permitted and is not conditional on using a particular Service function. The form is optional and does not restrict other permitted channels.

8.2 Immediate performance

If a Consumer expressly requests performance during the withdrawal period and receives the required information, a proportionate amount for service supplied up to withdrawal may be due. No amount is withheld on this basis where the legal conditions are not met.

Simply accessing Botchi does not automatically remove withdrawal rights. For a paid service, loss of the right upon full performance requires the statutory conditions, including prior consent and acknowledgement of that loss. Separately supplied digital content requires application of its specific rules; a SaaS subscription is not automatically treated as a digital download.

8.3 Refunds and conformity rights

Following valid withdrawal, any refund due is made without undue delay and within fourteen days of the notice, using the same payment method unless otherwise agreed without cost to the Consumer, less only amounts lawfully due. Store purchases are handled through their channel without prejudice to statutory rights.

Consumers retain remedies for failure to supply and lack of conformity of digital services, including, under statutory conditions, bringing the service into conformity, proportionate price reduction, or termination and refund. Variability of AI output does not exclude remedies for Service defects.

Outside cases required by law, the offer, or a written agreement, mere non-use or ordinary cancellation does not automatically generate a refund. Section 17 does not restrict these mandatory rights.

9. Instructions, automations, and connected services

Users authorize Botchi to execute their instructions and configured automations within granted permissions. Some operations require approval; operations authorized to run automatically may proceed without a fresh confirmation for each step. Users verify recipients, content, parameters, and limits before authorizing actions with external effects.

Customers ensure they may connect the accounts and share the relevant data. Connections may be revoked and automations stopped using available controls. Revocation does not undo effects already produced with third parties. External services' conditions remain applicable; Botchi does not control their decisions or availability, without prejudice to the Provider's own obligations and proper execution of instructions within the contract.

10. Permitted use and excluded purposes

Using the Service for unlawful activities, infringement of third-party rights, fraud, impersonation, malware, unauthorized access, or evasion of authentication, authorization, and billing controls is prohibited. Producing or distributing content that exploits or endangers minors is prohibited.

Health data, government identifiers, identity documents, account numbers, credentials, private keys, or special-category personal data must not be submitted to AI functions unless expressly supported by the feature or a written agreement. This does not prohibit entering credentials in protected fields specifically provided for integrations.

Uses prohibited by applicable AI law and high-risk uses not expressly accepted in writing by the Provider are excluded, including decisions involving employment, education, credit, essential services, biometrics, justice, or other regulated sectors. Customers retain obligations arising from their actual role, including oversight and notices to affected people. They may not remove markings or omit AI-use disclosures required by law.

11. AI output and human review

Outputs may contain errors, omissions, outdated information, or results similar to those supplied to others. The Service does not replace qualified professional advice or guarantee economic, legal, or operational outcomes. Customers review outputs before use, publication, or decisions, particularly where people's rights, safety, or assets are affected.

Solely for professional Customers, outputs are supplied without warranty of accuracy, completeness, fitness for a particular purpose, or non-infringement. The Customer decides whether and how to use an output; the Provider is not liable for decisions taken or actions performed on the basis of an output, subject to section 17. Customer review does not release the Provider from mandatory obligations.

12. Content, intellectual property, and feedback

Customers retain rights in submitted content. They grant the Provider a non-exclusive license, limited to the purposes and duration necessary to deliver, maintain, and protect the requested Service, to host, reproduce, process, transmit, and display that content, including through appointed providers. Subsequent retention is limited by the Privacy Policy and legal requirements. This license does not, by itself, authorize generalized model training on Customer content.

Customers represent that they hold necessary rights and permissions. The Provider claims no rights in outputs generated for Customers, within the rights that actually exist; it does not guarantee that every output is protectable or free of third-party rights.

Botchi software, brands, and documentation remain owned by the Provider or respective holders. Customers receive a non-exclusive right to use them for purposes authorized by their plan. Copying, resale, sublicensing, and circumvention of protections are not permitted except by authorization or mandatory rights, including interoperability rights.

Voluntary feedback may be used to improve the Service without compensation, respecting pre-existing content rights, personal data, and applicable confidentiality obligations.

13. Personal data and business accounts

Personal data processing is described in the Privacy Policy. Where the Provider processes data on a business Customer's behalf as processor, an applicable DPA must govern that processing before it begins. These Terms do not replace that agreement.

Organizations manage permissions and their obligations towards employees, collaborators, and other data subjects. Roles, location, and subprocessors depend on actual processing and agreements. EU-only processing or exclusion of particular countries is not promised without express agreement.

14. Suspension, termination, and deletion

The Provider may suspend affected functions when necessary to address security risks, unlawful activity, material breaches, or non-payment. Measures are proportionate to the risk. Where possible and compatible with law and security, the reason and remediation method are communicated. Customers may ask support to review the matter.

Except in urgent cases, remediable breaches are preceded by an opportunity to remedy within a reasonable period. Permanent termination may occur for serious or persistent breaches, legal requirements, or discontinuation of the Service with appropriate notice, subject to Consumer protections and individual agreements.

Customers may request account deletion through the dedicated process, which explains effects on members, resources, access, and renewals. Voluntary deletion may immediately end access for the remaining period; it does not automatically convert Sparks to cash, without prejudice to statutory refunds or other remedies. Customers may first use available tools or contact support to recover data within statutory rights.

Subscription cancellation, contract termination, and data deletion are distinct. Timing and residual retention follow the Privacy Policy and applicable DPA. Where termination is attributable to the Provider, legally or contractually required refunds and remedies remain due.

15. Changes to the Service and commercial conditions

The Provider may make updates necessary for security, legal compliance, technical compatibility, or maintenance. Other changes to Consumer digital services must satisfy statutory conditions, have a valid reason, avoid unagreed additional costs, and be clearly communicated. Where they adversely affect access or use beyond the statutory minor-impact threshold, durable-medium notice and free termination rights apply as required by law.

Price or allowance changes are not retroactive to a paid period. They are communicated at least thirty days before the affected renewal, unless the law requires a more favorable period, with an opportunity not to renew. If notice does not allow the Customer to avoid that renewal, the change applies only to a later renewal meeting the notice period. Where consent is required, silence or continued use does not replace it.

Changes to these Terms state their effective date and material content. They do not retroactively alter accrued rights. Individual agreements and mandatory rights remain unaffected.

16. Availability, support, and beta versions

The Provider supplies the Service with the care required by law and contract. Unless an SLA is signed, no specific uptime percentage or guaranteed support response time is agreed. Maintenance, security, and external dependencies may cause interruptions without automatically excluding remedies for Provider-attributable failures.

Beta features are identified and may have specific limits and conditions disclosed before activation. Customers assess suitability for their intended use. Experimental status does not exclude mandatory guarantees or make a service marked as paid free of charge.

17. Liability

Mandatory Consumer law applies; no general monetary cap reduces Consumer rights.

Solely for professional Customers, unless otherwise agreed in writing and subject to the exceptions below, the Provider's aggregate damages liability for each harmful event or series arising from the same cause is capped at the greater of EUR 100 and the amounts paid by the Customer to the Provider for Botchi in the twelve months preceding the first event. Payments in other currencies use the European Central Bank reference exchange rate on the payment date or, if unavailable, the most recent published preceding rate. The cap does not reduce obligations to return wrongly charged amounts or refund services not supplied.

Solely for professional Customers, the Provider is not liable for lost profits, loss of business or goodwill, or indirect or consequential damages, nor for damages arising from the Customer's use of outputs, from the conduct of a connected service, or from a third-party AI provider's failure to honor its declared conditions where the Provider transmitted the request in accordance with the selected route and its stated conditions. Personal data processed under the DPA remains governed by the DPA and by article 82 GDPR.

Liability for intentional misconduct, gross negligence, personal injury, or other liabilities that cannot legally be limited is not excluded or capped. Data subjects' rights and mandatory data protection liabilities also remain unaffected.

18. Third-party claims in professional relationships

Solely in professional relationships, Customers are responsible for third-party claims arising from unlawful content they supplied or attributable breaches of third-party rights or necessary permissions. Any indemnity covers only damages and reasonable costs attributable to those acts, excluding the portion attributable to the Provider.

The Provider promptly informs the Customer, permits participation in the defense, and does not settle on terms imposing obligations on the Customer without consent, which must not be unreasonably withheld. Duties to mitigate loss remain applicable.

19. Governing law, complaints, and disputes

Italian law governs the contract. This does not deprive Consumers of mandatory protections applicable by reference to their habitual residence. Consumer jurisdiction follows mandatory rules; exclusive jurisdiction at the Provider's location is not imposed on Consumers.

Solely for professional Customers, the courts of Biella have exclusive jurisdiction where validly agreed. Complaints may be sent to the contacts in section 1. Attempts at amicable resolution do not prevent urgent proceedings, access to courts, or other legal remedies. Where a Consumer complaint cannot be resolved directly, the Provider supplies information on competent alternative dispute resolution bodies and its willingness or obligation to participate on a durable medium, as required by law. This provision does not constitute advance membership of an ADR scheme.

20. Final provisions

Invalidity of a provision does not affect the others except as required by law. Failure to enforce immediately is not a waiver. Assignment must comply with applicable law and not reduce Consumer safeguards. Customers may retain the Terms received with their contractual confirmation.

Specific approval for professional Customers

Under articles 1341 and 1342 of the Italian Civil Code, the professional Customer specifically approves, separately from general acceptance, the following: section 4, allocation of responsibility for the selected route and provider conditions; section 6, automatic renewal and suspension of paid functions for non-payment; section 11, exclusion of warranties on outputs; section 14, the Provider's suspension and termination rights; section 17, the damages liability cap and exclusions; and section 19, exclusive jurisdiction of Biella.

Publication or general acceptance alone does not replace specific approval where required. Provisions subject to that requirement take effect only upon valid approval. Specific approval does not validate provisions contrary to mandatory law and does not extend to Consumers.

Optional withdrawal form

To: Sealo S.r.l., Strada Trossi 41, 13871 Verrone (BI), Italy; hello@botchi.ai.

Consumers may send the following statement, identifying their purchase:

> I hereby give notice of withdrawal from the contract for the Botchi service identified below.

• Purchased service and order reference.
• Contract conclusion date.
• Consumer's name and address.
• Account email address.
• Notice date.
• Consumer's signature, only for notices on paper.

No reason for withdrawal is required. Missing non-essential information does not invalidate a statement that identifies the contract and the intention to withdraw.