TERMS & CONDITIONS

Welcome to the services provided by PT Botika Teknologi Indonesia ("Botika", "we", "our", or "us"). These Terms & Conditions ("Terms") govern your access to and use of all products, services, applications, websites, APIs, dashboards, and technology solutions provided by Botika. By accessing, registering for, or using any Botika service, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not access or use Botika's services. These Terms shall be read together with Botika's Privacy Policy and any other agreements entered into between Botika and the Customer.

For the purposes of these Terms:

• Botika means PT Botika Teknologi Indonesia, including its affiliates, subsidiaries, and proprietary products.
• Customer means any individual, company, government institution, or organization using Botika's services.
• Services means all products and solutions provided by Botika, including but not limited to Digital Human AI (DHAI), Chatbotika, Voicebotika, Omnibotika, PlatformBotika, Botmaster, WhatsApp Business Solution (Wabis), Dashboard Analytics, APIs (Speech-to-Text, Text-to-Speech, and Large Language Models), System Integration, Professional Services, and other related services.
• Customer Data means all information, documents, files, content, and other data owned by or provided by the Customer to Botika.
• Business Days mean Monday through Friday, excluding official public holidays in the Republic of Indonesia.

Botika provides cloud-based and Artificial Intelligence (AI) services, including but not limited to:

• Digital Human AI (DHAI)
• Chatbotika
• Voicebotika
• Omnibotika
• PlatformBotika
• Botmaster
• WhatsApp Business Solution (Wabis)
• APIs (STT, TTS, and LLM)
• Dashboard Analytics
• Professional Services
• Custom Development
• AI Consulting

Botika reserves the right to modify, enhance, add, suspend, or discontinue any part of its Services at any time to improve service quality.

Customers are responsible for:

• Maintaining the confidentiality of their accounts, usernames, passwords, API Keys, tokens, and other credentials;
• Managing internal user access permissions;
• All activities conducted through their accounts.

Botika shall not be liable for any loss or damage arising from the Customer's failure to maintain account security.

Customers agree to:

• Use the Services in compliance with all applicable laws and regulations;
• Provide lawful and legitimate data;
• Obtain all required consents where mandated by applicable laws;
• Maintain the security of their accounts and system access;
• Comply with all Botika policies governing the use of the Services.

Customers shall not use the Services for:

• Any unlawful activities;
• Spam, phishing, malware, ransomware, or distribution of malicious software;
• Copyright or intellectual property infringement;
• Pornographic content, gambling, hate speech, terrorism, or fraudulent activities;
• Reverse engineering, hacking, or attempts to compromise Botika's systems;
• Excessive use that negatively affects other users.

Botika reserves the right to suspend or terminate Services if any violation of these Terms is identified.

For paid Services:

• Invoices shall be issued in accordance with the applicable contract or Purchase Order (PO);
• Payments must be made by the agreed due date;
• Late payment may result in suspension of Services;
• Unless otherwise agreed in writing, all payments are non-refundable.

Botika strives to provide reliable and high-quality Services.
However, Services may be interrupted due to:

• Planned Maintenance;
• Emergency Maintenance;
• Cloud infrastructure provider outages;
• Internet disruptions;
• Third-party service interruptions;
• Force Majeure events.

Botika does not guarantee uninterrupted or error-free service availability.

Certain Botika Services rely on third-party providers, including but not limited to:

• Meta (WhatsApp Business Platform)
• Cloud Service Providers
• Email Service Providers
• Payment Gateways
• Third-Party APIs

Botika shall not be responsible for policy changes, service limitations, or outages originating from such third-party providers.

Botika is committed to protecting Customer Data in accordance with applicable laws and regulations, including Law No. 27 of 2022 concerning Personal Data Protection (Indonesia).

• Customer Data remains the property of the Customer.
• Botika processes Customer Data solely for the purpose of delivering the Services.
• Appropriate technical and organizational measures are implemented to safeguard Customer Data.
• Customers are responsible for ensuring that all submitted data has been lawfully collected and processed.

Each party shall maintain the confidentiality of all non-public information obtained during the course of the business relationship, including but not limited to:

• Customer Data
• Business Documents
• System Configurations
• Source Code
• Technical Documentation
• Commercial Information

These confidentiality obligations shall survive the termination of the business relationship.

All intellectual property rights relating to software, source code, AI models, prompt engineering, dashboards, APIs, workflows, documentation, system designs, and related technologies remain the exclusive property of Botika or its licensors. Customers retain ownership of their Customer Data and materials provided by them.

Artificial Intelligence services may generate outputs that are:

• Inaccurate;
• Incomplete;
• Predictive in nature;
• Subject to human verification.

Customers remain solely responsible for reviewing and validating all AI-generated outputs before relying on them for any business or operational decisions.

Customers agree to indemnify and hold harmless Botika against any claims, liabilities, damages, losses, costs, or expenses arising from:

• Unlawful use of the Services;
• Violation of third-party rights;
• Breach of these Terms.

To the maximum extent permitted by applicable law:

• Botika shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the use or inability to use the Services;
• Botika shall not be liable for any loss of profits, business opportunities, or Customer Data resulting from Customer negligence or third-party service failures;
• Botika's total aggregate liability for any claim shall not exceed the total Service fees paid by the Customer during the preceding twelve (12) months, unless otherwise agreed in writing.

Botika shall not be liable for any delay or failure in performing its obligations caused by events beyond its reasonable control, including but not limited to natural disasters, fires, war, pandemics, nationwide internet disruptions, cloud provider failures, large-scale cyberattacks, or government actions.

Botika may suspend or terminate Services if:

• The Customer breaches these Terms;
• The Services are misused;
• Payment obligations remain overdue;
• Required by competent authorities;
• Necessary to maintain system security.

Botika reserves the right to modify these Terms at any time. Any revisions become effective upon publication on Botika's official website or through other official communication channels. Continued use of the Services after such changes constitutes acceptance of the revised Terms.

These Terms shall be governed by the laws of the Republic of Indonesia. Any dispute arising from these Terms shall first be resolved through good-faith negotiations. If no resolution can be reached, the parties agree to submit the dispute to the competent courts of the Republic of Indonesia or through any other dispute resolution mechanism mutually agreed upon in writing.