Legal

Terms of Service

Last updated 21 September 2026. Privacy Terms Subprocessors

1. These terms

These terms are an agreement between you and Caspio, Inc. ("we", "us", "our"). By clicking to accept them, subscribing to BotSay, signing in, or requesting a free report, you agree to them.

If you accept on behalf of a company, you confirm you have authority to bind it, and "you" means that company.

If you do not agree, do not use BotSay.

2. Who we are

BotSay is provided by Caspio, Inc., a Delaware corporation, 1286 Kifer Road, Suite 107, Sunnyvale, CA 94086, USA.

You can reach us through our support portal at support.botsay.ai.

3. What BotSay does, and what it does not

What it does. You give BotSay questions your buyers would ask an AI assistant. On a schedule, we put those questions to AI answer engines through the engines' own programmatic interfaces, record what came back, and report how often your brand was named, where in the answer it appeared, how it was described, which rival brands were named instead, and which web pages the engines used as sources.

Four things to understand before you subscribe.

We measure what the engines return through their interfaces, not what a person sees on a screen. These are not the same thing, and comparing our figures with a tool that samples the rendered consumer experience is not meaningful. Our methodology page explains the difference.
Some surfaces take longer than others. Certain engines are retrieved in two phases and a run covering them may show as in progress for around 24 hours. That is the design, not a fault.
The product will not state a figure it cannot support. Where the underlying data is too thin, or a period was not measured, you will see a statement to that effect rather than a number.
A scheduled measurement can be skipped. Every plan carries limits on how much measurement it includes. Where a limit binds, a scheduled run may not happen, and the product records that it was skipped.

BotSay is not a rank tracker, it does not write content for you, and it does not tell you what to publish. It reports what the engines said.

Engines. Which engines your plan includes is set out on the pricing page. You can turn an included engine on or off, and adjust its settings, from your admin screen.

Changes to engines. AI engines change their models, interfaces, prices and terms, and sometimes withdraw them, without consulting us. If an engine becomes unavailable or commercially impractical, we will tell you and, where we can, offer a substitute. We cannot promise that any particular engine will remain available for the whole of your subscription.

4. The free report

We may offer a free one-off report on a brand of your choosing in exchange for your contact details.

It is free, it is one-off, and it carries no service commitment.
It is limited to one report per domain in any 90 day period.
You may request a report about a brand you do not own. We do not verify ownership, and a report is not a statement by us about who owns anything.
The brand and competitor names you enter are sent to third-party AI engines as part of a question. Do not enter anything confidential.
We will send you the report and one follow-up email. Every email carries an unsubscribe link.
We may withdraw the free report, or decline a request, at any time and for any reason.

Sections 5, 6, 12, 13, 14, 15 and 20 apply to a free report. The rest of these terms govern paid subscriptions only.

5. What you may not do

You must not:

enter protected health information, payment card data, government identification numbers, or special categories of personal data as defined by data protection law into BotSay, including into a question;
enter personal data into a question unless you have a lawful basis to send it to third-party AI engines, and avoid doing so where you can;
enter anyone else's confidential information into BotSay;
use BotSay to break the law, infringe anyone's rights, or harass anyone;
circumvent a plan limit, a spending limit or a rate limit;
resell BotSay, or give access to anyone outside your organisation, without our written agreement;
probe, scan or attack the service, or attempt to access another customer's data;
use our output to train a machine learning model or to build a competing measurement product;
present a BotSay figure as something other than what it is, or present output that came from an AI engine as though a person wrote it;
publish a BotSay figure externally without reviewing it first. See section 13.

You are responsible for the people you give access to, and for removing them when they leave. Removal takes effect on that person's next request.

6. Who owns what

You own your data. Your questions, your brand and domain configuration, the answers we collected for you and the measurements computed from them are yours. We acquire no rights in them beyond the rights needed to run the service for you, keep it secure, and meet our legal obligations.

We own BotSay. The software, the measurement methodology, the interface and everything we have built remain ours. You receive a right to use the service during your subscription and nothing more.

We do not train on your data. We do not use your questions or your results to train any machine learning model.

Aggregated and de-identified data. We may create and use aggregated, de-identified data derived from use of the service, including for benchmarking, research, reporting and improving BotSay, and we may publish and commercialise it. Aggregated, de-identified data contains nothing that identifies you, your users, your brand, your competitors or your market, and cannot reasonably be used to re-identify any of them.

7. How we handle personal data

Our Privacy Policy explains what we collect and why. Where we process personal data on your instructions rather than on our own account, our Data Processing Addendum applies and forms part of these terms.

The AI engines we send questions to act as our subprocessors. They are named in the Data Processing Addendum and on our subprocessor page at botsay.ai/subprocessors, and their own terms govern what they do with what we send them.

We do not scrape consumer AI interfaces. Every measurement comes from an engine's own programmatic interface or from a licensed search-data provider.

8. Fees and payment

Plans and prices are on the pricing page. Fees are exclusive of tax unless stated otherwise, and you are responsible for any sales tax, VAT or GST, which may be calculated and collected at checkout.

Payment is processed by Stripe. Stripe's own hosted pages collect your card and billing details. Those details do not reach our systems and we never see or store a card number.

Your subscription renews automatically at the end of each period at the then-current price until you cancel. You may cancel at any time, and cancellation takes effect at the end of the period you have paid for.

Fees are non-refundable except where the law requires otherwise.

If a payment fails, we will retry and notify you. If an amount remains unpaid 30 days after it was due, we may suspend your account. A suspended account measures nothing, and measurement not taken during a suspension cannot be recovered afterwards, because a past period cannot be re-measured.

We may change our prices. A change to what you already pay takes effect at your next renewal and we will tell you at least 30 days beforehand.

9. Plan limits

Each plan sets how many active questions you may hold, which engines are included, and how often measurement runs. Those limits are on the pricing page.

If you reach your question limit we will not delete anything. You will not be able to add further questions until you archive some or move to a larger plan.

We may apply reasonable technical limits to keep the service working for everyone.

10. Term, ending, and getting your data

Term. Your subscription runs for the period you purchased and renews automatically until cancelled.

You may cancel at any time, effective at the end of the current period.

We may end this agreement if you materially breach these terms and do not remedy the breach within 30 days of us notifying you, or immediately if you breach section 5 in a way that creates legal risk or risk to other customers or to the service.

Getting your data. Within 30 days of termination you may ask us in writing, through the support portal, for an export of your data. We will provide one export, in our standard machine-readable format, within 30 days of that request, provided your account is paid up. We do not provide recurring or ongoing exports after termination.

What happens to your data afterwards. We delete customer data within 60 days of your account ending, whether it ends by cancellation, non-payment or termination by either of us. The Privacy Policy and section 13 of the Data Processing Addendum set out the limited exceptions. Request your export before that window closes.

What survives termination: sections 5, 6, 8 in respect of amounts already owed, 12, 13, 14, 15, 20, and anything else that by its nature should.

11. Availability and support

We aim to keep BotSay available and to run the measurement cycle on schedule.

We do not offer a service level agreement or an uptime commitment, and you should not purchase BotSay on the assumption of one. Measurement is a scheduled job rather than a live service, so a short outage usually costs nothing and a missed cycle usually catches up on the next one.

We may take the service down for maintenance and will try to do so when it causes least disruption.

Support is provided through support.botsay.ai during business hours.

12. Confidential information

Each of us may learn things about the other that are not public. Each of us will keep them confidential, use them only for this agreement, and protect them at least as carefully as we protect our own confidential information.

This does not cover information that is already public, that the receiving party already had, that it obtains lawfully from someone else, or that it develops independently. Either of us may disclose confidential information where the law requires it, after notifying the other where we are permitted to do so.

13. Warranties, and what we do not warrant

What we promise. We will provide BotSay with reasonable skill and care. We will report what the AI engines actually returned, accurately, and we will say so plainly where we cannot support a figure.

Everything else is provided "as is". To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that BotSay will be uninterrupted or error-free.

About AI output specifically. There are two different things in a BotSay report and only one of them is ours.

What we measured. We report what an engine returned and we stand behind the accuracy of that measurement to the standard in this section.
What the engine said. AI engines are probabilistic. They get things wrong, contradict themselves, describe brands inaccurately, and cite pages that do not say what they are said to say. We do not warrant the accuracy, completeness or reliability of anything an engine produced. We report it, we do not endorse it.

An engine's answer can change from one day to the next for reasons nobody outside that engine can see. A movement in your figures may reflect a change in the world, a change in the engine, or random variation.

Review any BotSay figure before you publish anything based on it. You decide whether BotSay is suitable for your purposes.

14. Limits on liability

Neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business or data, on any theory of liability and even if advised of the possibility.

Each party's total liability arising out of or relating to this agreement will not exceed the total fees you paid in the twelve months before the event giving rise to the claim. This is a single aggregate cap across these terms and the Data Processing Addendum together, not a separate cap under each.

Nothing here limits liability that cannot be limited by law.

15. Indemnity

You will defend us against any third-party claim arising from:

your use of BotSay;
your breach of these terms;
the content of the questions you submitted, including any personal data or third-party confidential information contained in them, which we then sent to AI engines on your instruction;
anything you did with, or decided because of, a BotSay report;
your breach of the law,

and you will pay damages and reasonable costs finally awarded or agreed in settlement. We will notify you promptly of any such claim, allow you to control the defence, and assist you at your expense.

16. Suspension to prevent harm

We may suspend your access immediately, without notice, where we reasonably believe it is necessary to protect the service, other customers or a third party, or to stop unlawful activity. We will notify you as soon as we reasonably can and restore access once the cause is resolved.

17. Publicity

We may identify you as a customer by name and logo on our website and in marketing materials. You may withdraw that permission at any time by written notice through the support portal, and we will stop using it within a reasonable period.

18. Changes to these terms

We may change these terms. If a change materially disadvantages you, we will give you at least 30 days' notice before it takes effect and you may cancel before then. Other changes take effect when we publish them.

19. General

Compliance with law. Each party will comply with the laws applicable to it, including export control and sanctions law. You confirm you are not located in an embargoed country and are not on a restricted party list.

Assignment. Neither party may assign this agreement without the other's consent, except to a successor in a merger or a sale of substantially all assets.

Force majeure. Neither party is liable for a failure caused by something genuinely outside its reasonable control, including an AI engine we depend on becoming unavailable or changing its terms.

No waiver. Failure to enforce a provision once does not waive it.

Severability. If a provision is unenforceable the rest stands, and the provision is read as narrowly as necessary to be enforceable.

Entire agreement. These terms, the Privacy Policy, the Data Processing Addendum and the pricing page form the entire agreement between us about BotSay and supersede anything said beforehand.

Notices. We will send notices to the email address on your account. Send notices to us through support.botsay.ai, with a copy to Caspio, Inc., 1286 Kifer Road, Suite 107, Sunnyvale, CA 94086, USA.

Independent contractors. Nothing here makes either party the other's agent, partner or employee.

Business use. BotSay is a business tool intended for use by adults in the course of a business.

20. Governing law and disputes

This agreement is governed by the laws of the State of California, without regard to its conflict of laws principles. Each party submits to the exclusive jurisdiction of the courts located in Santa Clara County, California for any claim arising out of or relating to this agreement.

21. Contact

Caspio, Inc.
1286 Kifer Road, Suite 107
Sunnyvale, CA 94086, USA
support.botsay.ai