Terms and conditions of sale

Last updated : October 11, 2026

This translation is provided for convenience. In case of discrepancy, the French version prevails.

These terms and conditions of sale (the “Terms”) govern subscriptions to the online services of Botami SAS, a company with share capital of 5,000 euros, registered with the Nîmes Trade and Companies Register (RCS) under number 102 688 132, EU VAT number FR71 102 688 132, whose registered office is at 4 rue Stanislas Clément, 30900 Nîmes, France (“Botami”). They apply to every subscription, unless specific terms have been accepted in writing.

1. Contractual documents

The contract consists of the following documents, in decreasing order of precedence:

  1. the signed quote or purchase order, for a custom offer;
  2. these Terms;
  3. the Terms of use;
  4. the data processing agreement (Article 28 of the GDPR);
  5. the Privacy policy.

The services are intended primarily for professionals. Provisions specific to consumers are identified as such.

2. Offers

Botami offers two services, subscribed to separately:

  • Chatbot: a monthly or annual subscription including a number of conversations per month (a conversation includes up to 10 messages from the visitor; beyond that, a new conversation is counted), a number of assistants and features depending on the plan.
  • Callbot: a monthly or annual subscription including a number of call minutes per month, a number of simultaneous calls, one or more telephone numbers and features depending on the plan. When the plan's number of simultaneous calls is reached, a new call is transferred to the Customer's transfer number if one has been configured, or receives a message inviting the caller to call back.

A free plan, limited in volume and features, may be offered. Its terms are set out on the website and may change at any time.

Custom offers (high volumes, key accounts) are subject to a quote. The content and price of each plan are described on botami.ai on the date of subscription.

3. Orders

Subscriptions are taken out online from the customer area on app.botami.ai, or via a payment link sent by Botami for a custom offer. The Customer chooses a plan, checks the summary, accepts the Terms and the Terms of use, then proceeds to payment. A Customer ordering on behalf of a business provides its company name, its address and, where applicable, its EU VAT number, which appear on its invoices.

The contract is concluded upon confirmation of payment. Botami sends a confirmation by email and activates the service without delay.

4. Prices

Prices are shown on the website in euros, or in the currency displayed when ordering. They are stated exclusive of taxes. VAT at the applicable rate (20% in France) is added; the amount exclusive of taxes, the VAT and the amount inclusive of all taxes appear on the invoice. For a professional Customer established in another Member State of the European Union and holding a valid EU VAT number, the invoice is issued exclusive of VAT, the tax being self-assessed by the Customer under the reverse charge mechanism.

The applicable price is the one in force on the date of the order. Botami may change its prices: any change affecting an ongoing subscription is notified by email at least 30 days before it applies. A Customer who refuses it may terminate before that date, at no cost.

5. Payment and invoicing

The subscription is payable in advance, upon subscription and then on each anniversary date, monthly or annually depending on the chosen billing period, by bank card or any other means offered when ordering. Payment is processed by a secure payment provider; Botami has no access to card data.

Invoices are issued at each due date and are available in the customer area.

If a payment fails, new attempts are made and the Customer is notified by email. If the payment is not successful, Botami may suspend the service, then downgrade the account to the free plan. Features and numbers not included in the free plan are then deactivated; they are restored, within the limits of the plan, as soon as payment is settled.

For professionals, any late payment automatically gives rise to penalties at the European Central Bank interest rate plus 10 percentage points, as well as a fixed compensation of 40 euros for collection costs (Articles L. 441-10 and D. 441-5 of the French Commercial Code).

6. Term and renewal

The monthly subscription is concluded for a period of one month. It is tacitly renewed for successive periods of one month, with no minimum commitment, unless terminated.

The annual subscription, offered for the chatbot and the callbot with a discount of at least 20% compared with the monthly price (prices rounded down to the nearest euro), is concluded for a period of twelve months paid in advance. It is tacitly renewed for successive periods of twelve months, unless terminated. Quotas remain monthly: chatbot conversations and callbot minutes are reset each month of the period.

7. Termination

The Customer may terminate at any time from the customer area, without notice or charge. Termination takes effect at the end of the current period (monthly or annual): the service remains accessible until that date and no further payment is collected. The period already begun is not refunded, except in the cases provided for in Article 11.

On the end date, the account reverts to the free plan or is closed at the Customer's request. Telephone numbers not included are deactivated and may be reassigned.

Botami may terminate the contract in the event of a serious breach by the Customer, after a formal notice that has remained without effect for 15 days, or immediately in the cases of urgency provided for in the Terms of use.

8. Change of plan

  • Upgrade to a higher plan: immediate effect. The price difference is calculated pro rata to the time remaining in the current period.
  • Downgrade to a lower plan: effective at the end of the current period. Features not included in the new plan, such as appointment booking, are then deactivated. If the number of numbers exceeds the new limit, the Customer chooses those to keep; the others are deactivated.

9. Usage and overages

Included volumes are reset at each due date. Unused volumes are neither carried over nor refunded. The Customer monitors usage in the customer area and receives email alerts when approaching the limit.

  • Chatbot: once the month's number of conversations has been reached, the assistant no longer opens new conversations until the monthly quota is reset, unless the Customer upgrades to a higher plan. The Customer is notified by email at 80% and 100% of the quota.
  • Callbot: minutes beyond the plan remain available and are billed at the overage rate shown on the website (€0.15 excl. VAT per minute as of the date hereof), up to a limit of €100 excl. VAT per month; beyond that, new calls receive an unavailability message. A month's overage is billed the following month, including for an annual subscription. The duration of a call transferred to a Customer number is counted.

10. Right of withdrawal (consumers)

A consumer Customer has 14 days from subscription to withdraw, without giving any reason, by writing to support@botami.ai or by using the form below.

When subscribing, the consumer may request that the service begin before the end of this period. If the consumer then withdraws, they are refunded within 14 days, less an amount proportionate to the service provided up to the withdrawal (Article L. 221-25 of the French Consumer Code).

Withdrawal form — for the attention of Botami SAS, 4 rue Stanislas Clément, 30900 Nîmes, support@botami.ai: I hereby give notice of my withdrawal from the contract for the [plan] subscription, taken out on [date]. Name, address, date, signature (if sent on paper).

Professionals do not benefit from this right.

11. Refunds

30-day “satisfied or your money back” guarantee. Upon the first subscription to a paid plan (chatbot or callbot, monthly or annual), the Customer may request, within 30 days of the first payment and without having to give a reason, a full refund of that first payment. The refund covers the subscription price, excluding minutes billed beyond the plan, and entails the immediate termination of the subscription. The guarantee applies only once per Customer and per service.

Outside this guarantee and the right of withdrawal, no period already begun is refunded. Botami may however grant, as a commercial gesture, a refund or a credit note in the event of an unresolved major malfunction.

Requests are sent to support@botami.ai with the invoice number and the reason. Botami responds within 5 business days; any refund granted is made within 10 business days to the original payment method.

12. Botami's commitments

Botami undertakes to provide the services diligently, in accordance with industry best practice, and to aim for an availability of 99.9% per month, excluding scheduled maintenance and interruptions due to a third party or to force majeure. This is an obligation of means (best-efforts obligation).

Support is provided by email at support@botami.ai, on business days. For consumers, Botami is liable for the conformity of the digital service under the conditions of Articles L. 224-25-12 et seq. of the French Consumer Code.

13. Liability

Towards a professional, Botami's liability is limited to direct damage and capped at the sums paid by the Customer during the 12 months preceding the event giving rise to liability. Indirect damage is excluded, including loss of revenue, customers or data, as are the consequences of responses generated by artificial intelligence and of Customer Content.

These limitations do not apply to personal injury, to gross negligence or wilful misconduct, or to the rights granted to consumers by law.

14. Data and reversibility

Processing operations are described in the Privacy policy and, for End Users' data, in the data processing agreement compliant with Article 28 of the GDPR, available on request and applicable automatically.

Until the end of the subscription, the Customer may export chatbot conversations and callbot appointments from the customer area, and obtain a copy of its other data on request at support@botami.ai. The data is then deleted within 90 days, unless there is a legal obligation to retain it.

15. Force majeure

Neither party is liable for a failure caused by a force majeure event within the meaning of Article 1218 of the French Civil Code. If the impediment lasts more than 30 days, either party may terminate the contract without compensation.

16. Miscellaneous

  • Botami may use subcontractors to perform the services, for which it remains responsible.
  • Unless it objects in writing, a professional Customer authorises Botami to cite its name and logo as a commercial reference.
  • The invalidity of a clause does not affect the other clauses. Failure to invoke a clause does not constitute a waiver.

17. Amendments to the Terms

Botami may amend the Terms. Any substantial amendment is notified by email at least 30 days before it comes into force; a Customer who refuses it may terminate at no cost before that date. Ongoing orders remain governed by the version accepted at the time of subscription until that date.

18. Governing law and disputes

The Terms are governed by French law. The parties first seek an amicable solution, in writing to support@botami.ai.

  • Between professionals: failing agreement, the Commercial Court of Nîmes has exclusive jurisdiction, including for summary proceedings and in the event of multiple defendants.
  • With a consumer: after a written complaint that has not received a satisfactory response, the consumer may refer the matter free of charge to a consumer mediator, under the conditions of Articles L. 611-1 et seq. of the French Consumer Code. The consumer may also bring the matter before the court of their place of residence or that of Botami's registered office.

19. Contact