Landbot's General Terms and Conditions

These General Terms and Conditions (hereinafter, "GTC") govern the use of the platform or suite which works transforming a website into conversational experiences by creating and using a chatbot, as well as analysing the data obtained through the chatbot (hereinafter, "the Service"). The Service includes chatbots that can also be used on the main messaging channels. One of the aims of this Service is to obtain higher conversion rates and a unique experience for the visitors.

The Service is offered by Hello Umi, S.L (hereinafter, "Landbot") entity of Spanish nationality with professional address at Barcelona, Av. Josep Tarradellas, 20, Floor 6, CP 08029, provided with Tax Identification Number ESB98767551 to the client (hereinafter "the Client"). The use of the Services implies full acceptance by the Client of the GTC in force at the time of accessing the Service and, therefore, constitutes the contractual agreement between the Client and Landbot.

By accepting the terms and conditions of our service, you expressly consent to be contacted by us through various means of communication, including but not limited to telephone, email, and chat, for the purpose of providing you with relevant information about our products or services, as well as to address any inquiries or requests you may have.

However, we recognize your right to manage your communication preferences with us. If at any time you wish to unsubscribe from our communications or restrict the way we communicate with you, you may do so by sending an email to legal@landbot.io from the email address associated with your account, clearly indicating your request to opt out of certain communication channels or all future communications. We commit to processing your request in a reasonable timeframe and respecting your choice regarding the receipt of our communications.

Landbot reserves the right to modify these GTC at any time, as well as any other applicable conditions, by informing the Client. The Client shall have the right to terminate his contract if he does not agree with the new conditions.

1. Provision of service and grant of license

Subject to the terms and conditions contained herein, Landbot grants to the Client a non-exclusive, revocable and non-transferable right to a licence to use the Service. By means of this Service, the Client will access to a subscription of Landbot that will allow to:

  • Create chatbots for different channels, like Web, Whatsapp, API and Facebook Messenger, with a no-code chatbot builder.
  • Manage all customer data collected by the chatbots, analyze and export the performance metrics according to the data collected.
  • Control conversations with end users as live agents from the Chats section.
  • Manage all integrations from the Integrations section.

Landbot offers the Client 5 types of subscriptions to the Service:

Sandbox

For individuals just getting started with chatbots.

Starter

For individuals and small businesses wanting chatbots on websites and Facebook Messenger.

WhatsApp Pro

For businesses, enhance communications on your website, Facebook Messenger, WhatsApp & API.

Pro

For mid-size companies, agencies, and startups needing chatbots on websites, Facebook Messenger & API.

Business

For enterprises seeking bot management services with priority support.

Landbot reserves the right to unilaterally modify at any time and without prior notice the design, presentation and configuration, as well as some or all of the functionalities of its platform, and/or to add new functionalities.

2. Price

The features included in the subscription contracted by the Client are those included in the specific terms and conditions. The price stated in the specific terms and conditions is the price to be paid by the Client to Landbot. The payment of any chosen subscription or service does not in any case constitute the purchase of the software or software applications or titles, or intellectual or industrial property rights.

Depending on the subscription contracted, certain functionalities of the tool may be used and a number of users may be authorised to access the platform. If the Client wishes to increase the functionalities of the platform or the number of users with access to it, Landbot will prepare a proposal to change the subscription contracted by the Client to another that meets the new needs.

3. Payment and consequences of non-payment

The price that the Client must pay to Landbot for the performance of the Services will correspond to the type of subscription contracted, and subject to additional charges according to the volume. The price will be paid in the following way:

  • The payment will be automatically processed on the client's credit card on each renewal date. The client will be charged the amount of the invoice issued by Landbot or;
  • At the beginning of each month of the billing cycle, the Client must pay in advance the amount of the invoice issued by Landbot.

In the event of non-payment, Landbot reserves the right to suspend the Service until payment is made. If payment is not made within 15 days of the due date, Landbot may terminate the contract.

4. Intellectual Property Rights

All intellectual property rights in the Service and its contents (including but not limited to computer programs, technical data, documentation, source code, user interfaces, etc.) are owned by Landbot or its licensors.

The Client acknowledges that all intellectual property rights in the Service belong to Landbot or its licensors and that the Client has no rights in or to the Service other than the right to use it in accordance with these GTC.

5. Client Obligations

The Client undertakes to:

  • Use the Service in accordance with these GTC and applicable law
  • Maintain the confidentiality of access credentials
  • Not to use the Service for any illegal or unauthorized purpose
  • Not to attempt to gain unauthorized access to the Service
  • Not to transmit any viruses, malware, or other harmful code
  • Ensure that all users comply with these GTC

6. Data Protection

Both parties undertake to comply with all applicable data protection laws and regulations.

The Client acknowledges that Landbot will process personal data on behalf of the Client as a data processor.

The details of such processing are set out in our Data Processing Agreement.

Data Protection Specifics

Data Storage

All data is stored securely in encrypted format on servers located within the European Union.

Data Access

Access to personal data is strictly limited to authorized personnel who need such access to perform their duties.

Data Retention

Personal data will be retained only for as long as necessary to provide the Service or as required by law.

7. Confidentiality

Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party.

This obligation shall continue for a period of 5 years after the termination of these GTC.

8. Duration and Termination

The agreement shall remain in force for the period specified in the subscription terms. Either party may terminate this agreement:

  • By giving written notice of termination to the other party
  • Immediately if the other party commits a material breach
  • If the other party becomes insolvent or enters into liquidation

9. Liability

Landbot shall not be liable for any indirect or consequential loss or damage.

The total liability of Landbot under these GTC shall not exceed the amount paid by the Client in the 12 months preceding the event giving rise to the liability.

10. Data processing clause by Landbot

10.1. Purpose

The purpose of this clause is to regulate the relationship between the Client, in its capacity as Data Controller, and Landbot, in its capacity as Data Processor. The Processor undertakes to process the personal data only in accordance with the instructions provided by the Client and guarantees that the persons authorised to process the personal data undertake to respect confidentiality or shall be subject to confidentiality by statutory obligation.

10.2. Services and duration

The term of this clause shall be equal to the duration of the provision of the Services contracted by the Client to Landbot.

10.3. Nature and purpose of the processing

The processing of personal data shall be carried out solely and exclusively for the purpose of providing the Services.

10.4. Type of personal data and categories of data subjects

The type of data to be processed are identification, personal characteristics and commercial information data. The category of data subjects are clients.

10.5. Conversation data retention and management

10.5.1. Active vs. Archived Data

a) Active Data Period

For all plans, the most recent 12 months of conversation data will be:

  • Directly accessible through the Landbot platform interface.
  • Fully searchable and exportable.
  • Available in real-time.
b) Archived Data Period

Conversation data beyond the active period will be:

  • Transferred to a separate, secure archive database.
  • Not directly accessible through the standard platform interface.
  • Retained for a period of up to 12 months from original generation date.

* This data should be requested to the Landbot Security team at security@landobot.io.

10.5.2. Data retrieval process for archived conversations

Clients can request access to archived conversations through a dedicated support ticket or by sending an email directly to security@landbot.io and legal@landbot.io. Upon receiving a valid request, Landbot will process the retrieval of archived data within 15 business days, carefully reviewing and preparing the requested information for secure transmission to the client. The support team will communicate the status of the request and provide any necessary instructions or additional information during the retrieval process.

10.5.3. Archive storage characteristics

The system maintains data stored securely in an encrypted secondary database preserving metadata and key conversation attributes while full message content is preserved without direct accessibility ensuring the integrity and confidentiality of information.

10.5.4. Limitations and Restrictions

Landbot reserves the right to:

  • Restrict the amount of historical data that can be accessed in a single retrieval request.
  • Require verification of authorized access.
For clients with special retention requirements, Landbot offers:
  • Retention periods longer than those established.
  • Certified storage.
  • Controlled access to historical data.

10.6. Obligations and rights of the Client (Controller)

  • Provide or allow the Processor access to the data in order to be able to provide the Services;
  • Carry out a data protection impact assessment of the processing activities to be carried out by the Processor, where applicable;
  • Carry out the appropriate prior consultations;
  • Ensure, prior to and throughout the processing, the Processor's compliance with the Regulations;
  • Supervise the processing, including the performance of inspections and audits.

10.7. Obligations of the Data Processor

  • Process personal data only in accordance with documented instructions from the Client, including with respect to transfers of personal data, unless obliged to do so under Union or Member State law; in such a case, the Processor shall inform the Client of such a legal requirement prior to processing, unless such law prohibits it for important reasons of public interest;
  • Ensure that the persons authorised to process personal data have undertaken to respect confidentiality or are subject to a confidentiality obligation of a statutory nature;
  • Take all necessary measures in accordance with Article 32 GDPR;
  • Assist the Controller, taking into account the nature of the processing, by appropriate technical and organisational measures, where possible, to enable the Controller to fulfil its obligation to respond to requests aimed at exercising the rights of data subjects. In this case, the Data Controller must communicate this by email. The communication must be made immediately and in no case later than the working day following receipt of the request, together, where appropriate, with the information that may be relevant to meet the request.
  • Assist the Client in ensuring compliance with the obligations set forth in Articles 32 to 36 GDPR, taking into account the nature of the processing and the information available to the processor;
  • Unless otherwise instructed by the Client, to delete all personal data upon termination of the provision of the Services, as well as to delete existing copies, unless the retention of personal data is required by Union or Member State law;
  • Make available to the Client all information necessary to demonstrate compliance with the obligations set out in Article 28 GDPR, as well as to allow and assist in the performance of audits, including inspections, by the Client or another auditor authorised by the Client; immediately inform the Client if, in the opinion of the Processor, an instruction infringes the GDPR or other data protection provisions of the Union or the Member States
  • To comply with any other obligation incumbent upon it under applicable data protection law; and
  • Notify the Client, without undue delay and in any event not later than 48 hours, by email, of any personal data security breach of which it becomes aware, together with all relevant information for the documentation, resolution and communication of the incident.

10.8. Subcontracting

The Client authorises Landbot to subcontract with the following categories of data processors (all of which are ancillary services necessary to provide the Services): Providers of electronic communications and online office automation, hosting, SaaS services such as CRM/ERP, management, accounting, auditing and lawyers. Where the Processor uses another processor to carry out certain processing activities on behalf of the Client, it shall impose on that other processor, by contract, the same data protection obligations as those set out in these GTC. If such other processor fails to comply with its data protection obligations, the Processor shall remain fully liable to the Customer for compliance with the obligations of the other processor.

10.9. Artificial Intelligence services

Landbot informs that it will use the end-user data entered in the chatbots that use the following services: Build-it-for-me, FAQs AI Assistant, Lead Gen AI Assistant and Appointment Scheduling Assistant, in an anonymised manner, to carry out training actions and enhancing the performance of these services through the use of artificial intelligence (OpenAI).

11. Force Majeure

Neither party shall be in breach of these GTC nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure result from events, circumstances or causes beyond its reasonable control.

12. Assignment

The Client shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these GTC without the prior written consent of Landbot.

13. Nullity and ineffectiveness of the clauses

If any clause included in these GTC or in the agreements signed between the parties is declared, totally or partially, null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of the same that is null and void or ineffective, the rest of the clauses remaining in all other respects, and such provision, or the part of the same that is affected, shall be deemed not to have been included.

14. Applicable law and jurisdiction

For the resolution of any question or dispute that may arise in the interpretation and/or fulfilment of these GTC, the Parties expressly submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain), expressly waiving their own jurisdiction if different.

These GTC shall be governed by and interpreted in accordance with the laws of Spain.

These Terms and Conditions were last modified on 20/12/2024.