Bot Factory — Terms of Service (Paid Beta)

Last updated: September 24, 2026
Effective: September 24, 2026

These Terms of Service (“Terms”) govern your access to and use of the Bot Factory service at https://botfactory.to and related sites, dashboards, and embeddable snippets (together, the “Service”).

By creating an account, starting a paid subscription, or otherwise using the Service, you agree to these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company.

1. Who we are

The Service is provided by Tomek Group (“Bot Factory,” “we,” “us,” or “our”), trading as Bot Factory. Tomek Group is a U.S. business with its principal place of business in Florida.

Contact for these Terms and the Service: hello@botfactory.to.

Legal notices to us must be sent by email to hello@botfactory.to (Tomek Group, Florida). Notices are effective when received.

2. Paid beta; evolving product; no SLA

The Service is offered as a paid beta. That means:

• You are a real paying customer.
• The product is still evolving. Features, interfaces, limits, and behavior may change as we improve the Service.
• We work hard to keep the Service available and useful, but we do not offer a service-level agreement (SLA), uptime guarantee, or committed response times during the beta.
• The Service is provided as is and as available, to the fullest extent permitted by law. We do not promise that the Service will be uninterrupted, error-free, or fit for every purpose.

We will try to communicate material changes that affect how you use the Service. See Section 16 (Changes to these Terms) and the Pricing page for how price changes are handled.

If you need a fixed SLA or enterprise commitments, contact hello@botfactory.to — those are outside these beta Terms.

3. The Service (what we provide)

Bot Factory provides an AI voice agent that businesses embed on their own websites. The agent can speak with your site visitors, answer questions about your business, capture leads (for example name, email, phone, and what they asked about), and book calls where enabled. Text chat is included as a secondary channel alongside voice.

3.1 Free hosted demo vs paid customer-site embed

• Free hosted demo. You may try Bot Factory on our domains without a paid subscription (subject to demo limits we publish). The demo lets you hear and configure a bot for your business. The free demo includes 20 text chats and 5 voice tries per project.
• Paid Service (customer-site embed). Placing the agent live on your own website requires an active paid subscription. Free accounts may view and configure the embed in the dashboard, but copying the embed snippet or generating an install key requires Checkout / a paid plan. Without a paid subscription, the install key and live embed on your site are not available for production use.

Plan names, list prices, beta prices, and hard usage caps are described on our Pricing page and in your Stripe Checkout / Customer Portal. Feature sets beyond price and caps may still change during the beta.

4. Accounts

You must provide accurate account information (including a working email address) and keep it up to date. You are responsible for activity under your account.

Access is typically via a magic link or similar passwordless login emailed to you. Keep your email account secure. Notify us promptly at hello@botfactory.to if you suspect unauthorized access.

We may refuse, suspend, or terminate accounts that violate these Terms, that present fraud or abuse risk, or that we reasonably believe we cannot support lawfully.

You must be at least 18 years old (or the age of majority where you live) to open a paid account. The Service is intended for business use (B2B), not for consumer personal use as a primary purpose.

5. Subscriptions, billing, and Stripe

5.1 Plans and prices

During the paid beta, monthly subscription plans include (USD):

Beta founder price for Starter. Customers who subscribe to Starter during the beta keep $9 / month for 12 months from their first charge. After that 12-month window, they move to the $19 / month list price, with at least 30 days’ notice before the higher rate is charged. After the beta ends, new Starter customers pay $19 / month. If you do not agree to a new price, you may cancel before it takes effect (see our Refund and Cancellation Policy and Section 12).

Taxes may apply based on your location and Stripe’s tax settings. Prices are shown before tax unless we state otherwise at Checkout.

5.2 How payment works

Payments are processed by Stripe under the Tomek Group Stripe account, branded for Bot Factory. Checkout is Stripe-hosted. You manage payment methods, invoices where available, and cancellation through the Stripe Customer Portal (or by emailing hello@botfactory.to).

We do not store full payment card numbers on our servers. Stripe handles card data under its own terms and privacy policy.

Receipts and account/transactional emails related to billing are sent from hello@botfactory.to (or another Bot Factory address we designate).

5.3 Hard usage caps; no overage charges

Each plan includes hard usage caps (voice minutes and text chat replies per month, as published on the Pricing page). When a cap is reached, the bot stops or limits further usage until the next billing cycle or until you upgrade — we do not charge surprise overage fees.

Current caps are listed on the Pricing page and in your dashboard. Unused allowance does not roll over. Caps may be adjusted with notice as the product matures; we will not invent silent overage billing.

5.4 Failed payments

If a renewal payment fails, the voice and chat button on your website immediately shows as Unavailable until payment succeeds. Stripe retries the charge for up to 1 week. If payment still has not succeeded after that week, the subscription ends. Details are in the Refund and Cancellation Policy.

6. Your responsibilities (especially for your site visitors)

You are the business that embeds Bot Factory on your website(s). That means:

1. Controller of visitor data. Your site visitors interact with the voice (and text) agent on your site. You are the controller (or equivalent) of personal data about those visitors. Bot Factory processes that data on your behalf as a processor (or service provider), as described in our Privacy Policy.
2. Your own privacy notice. You must provide an appropriate privacy notice (and, where required, obtain consent or rely on another lawful basis) covering the AI voice assistant, text chat, lead capture, transcription, cookies, and any other processing you enable through the bot.
3. Notice that the site uses an AI voice assistant. You are responsible for telling your visitors that your site uses an AI voice assistant and that conversations may be transcribed. How you provide that notice (for example privacy policy, on-page disclosure, or other means) is your responsibility under the laws that apply to you.
4. Call recording and consent laws. Where voice conversations occur, laws in some places regulate recording, monitoring, or transcription of calls or electronic communications, and may require notice or consent. You are responsible for complying with those laws for your websites and visitors. We do not give legal advice on which rules apply to you.
5. Lawful use. You must use the Service only for lawful business purposes and in compliance with applicable privacy, marketing, recording, and consumer laws in the places you operate and where your visitors are located.
6. Content you supply. You are responsible for website content, uploaded files, knowledge you give the bot, and instructions you configure. Do not supply content you do not have rights to use.
7. Your embed and sites. You are responsible for installing the snippet correctly and for the websites where it runs. Live production use of the customer-site embed requires an active paid subscription (see Section 3.1).

We send lead notification emails to you about leads the bot captures. You are responsible for how you follow up with those leads.

7. Acceptable use

You agree not to use the Service to:

• Violate any law or third-party right.
• Collect or process sensitive personal data (for example government IDs, health data, children’s data, precise financial account numbers) unless we have expressly agreed in writing that the Service supports that use case.
• Spam, phish, defraud, or deceive visitors.
• Generate or distribute malware, or attempt to probe, breach, or disrupt the Service or others’ systems.
• Reverse engineer the Service except to the extent such restriction is prohibited by law.
• Resell or white-label the Service without our prior written consent.
• Use the Service to build a competing AI bot product by systematically extracting outputs or models.
• Impersonate Bot Factory, Stripe, or any other person or brand.
• Upload or instruct the bot with unlawful, hateful, or exploitative content, or content that sexualizes minors.

We may investigate suspected violations and suspend or terminate access.

8. AI output disclaimer

The bot uses artificial intelligence (including models from xAI and possibly other providers we disclose). Outputs can be incomplete, incorrect, outdated, or misleading. The bot is not a substitute for professional advice (legal, medical, financial, or otherwise).

You should review important answers and lead handling. We are not responsible for decisions you or your visitors make based on AI output, except to the extent liability cannot be limited under applicable law (see Section 14).

9. Intellectual property

• Our IP. Bot Factory, the Service, software, branding, and documentation remain owned by Tomek Group / Bot Factory and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your paid subscription in accordance with these Terms.
• Your content. You retain ownership of content you submit (site materials, uploads, brand assets, and configuration). You grant us a license to host, process, and display that content solely to provide and improve the Service for you.
• Feedback. If you send suggestions, we may use them without obligation to you.

10. Customer data ownership and processing

• Your business account data (email, company name, billing metadata we store) is processed as described in our Privacy Policy.
• Visitor conversations and leads generated on your sites are your customer data. You own that data (subject to visitors’ rights under law). We process it to operate the Service for you, send you lead notifications, and maintain the product.
• On cancellation or termination, we delete visitor, lead, and related account data associated with your account within 30 days, except where we must retain limited records for legal, security, tax, or accounting reasons.

Voice on your website (and in our hosted demo): visitor audio is processed in the visitor’s browser and by xAI (the AI provider). We do not store audio. Transcripts are retained for 90 days and then deleted, as described in the Privacy Policy. Text chat may run alongside voice as a secondary channel.

11. Third-party services

The Service relies on third parties such as Stripe (payments), Vercel (hosting), xAI (AI), Neon (database), AgentMail (email), Firecrawl (site crawling), Venice (search-index embeddings), and other subprocessors listed in our Privacy Policy. Their terms and privacy practices apply to their services. We are not responsible for outages or acts of third parties beyond our reasonable control, though we will take commercially reasonable steps to choose reputable providers.

12. Cancellation and termination

You may cancel anytime via the Stripe Customer Portal or by emailing hello@botfactory.to. Cancellation takes effect at the end of the current billing period. Default refund rules are in the Refund and Cancellation Policy (including a 7-day refund on the first charge, and no partial refunds for renewals unless required by law).

We may suspend or terminate the Service or your account immediately if you materially breach these Terms, if required by law, or if continued service creates significant risk to us, other customers, or visitors. We may also discontinue the beta or the Service with reasonable notice when practicable.

Upon termination, your right to use the Service ends. Sections that by nature should survive (including IP, disclaimers, limitation of liability, indemnity, and governing law) survive termination.

13. Indemnity

You will defend and indemnify Bot Factory and its officers, contractors, and agents against claims, damages, and expenses (including reasonable attorneys’ fees) arising from: (a) your websites and your relationship with your visitors; (b) your content and instructions to the bot; (c) your violation of these Terms or applicable law; or (d) claims that you failed to provide required privacy notices or lawful basis for processing visitor data — except to the extent caused by our willful misconduct.

14. Limitation of liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities, even if we were advised of the possibility.
• Our total liability arising out of or related to the Service or these Terms in any twelve-month period is limited to the fees you paid us for the Service in that twelve-month period (or, if less, the fees paid in the three months before the claim).

Some jurisdictions do not allow certain limitations. In those places, our liability is limited to the fullest extent permitted. Nothing in these Terms excludes liability that cannot be excluded by law (for example certain liability for fraud or personal injury where such exclusion is void).

15. Governing law and disputes

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules.

Courts located in Florida will have exclusive jurisdiction over disputes, except that either party may seek injunctive relief in any court of competent jurisdiction to protect IP or confidential information. If you are a consumer in a jurisdiction that requires otherwise, mandatory local consumer protections still apply to the extent they cannot be waived.

16. Changes to these Terms

We may update these Terms from time to time. For material changes during the paid beta, we will provide notice (for example by email to your account address or a prominent notice in the dashboard) and update the “Last updated” date. Continued use after the effective date constitutes acceptance, except where applicable law requires a different process. If you do not agree, cancel before the changes take effect.

Price changes follow the notice rule in Section 5.1 (at least 30 days before a higher charge).

17. General

These Terms, together with the Privacy Policy and Refund and Cancellation Policy, are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be sent to your account email. Legal notices to us must be sent by email to hello@botfactory.to (Tomek Group, Florida). Notices are effective when received.

18. Contact

Questions about these Terms: email us at hello@botfactory.to
Bot Factory / Tomek Group, Florida