These Terms of Service (“Terms”) constitute a legally binding agreement between you and Botglam (“we,” “us,” or “our”) governing your access to and use of the Botglam platform, including our website at botglam.com, mobile applications, APIs, and all related services (collectively, the “Platform”).
By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform. If you are using the Platform on behalf of a business, you represent that you have the authority to bind that business to these Terms.
1. Description of Services
Botglam is an all-in-one beauty business management platform designed for beauty professionals in Africa. The Platform provides tools and services including, but not limited to:
- Online Booking and Scheduling: Branded booking pages, Express Booking, real-time calendar management, and appointment scheduling for individuals and teams.
- Payments and Point-of-Sale: Payment processing (via Paystack), deposit collection, payment links, wallet management, and dedicated virtual accounts.
- Online Shop: Product listing, inventory management, order fulfilment, and discount code features.
- WhatsApp Integration: Automated reminders, booking confirmations, follow-up messaging, and direct WhatsApp booking via the WhatsApp Business API (Conversational API).
- Client Management: Client profiles, booking history, notes, preferences, lifetime value tracking, and conversion metrics.
- Communication Tools: In-app messaging, unified chat threads across WhatsApp, Instagram, and SMS, and contextual client calls.
- AI-Powered Features: AI-assisted response suggestions, smart recommendations, rebooking campaigns, and business insights.
- Reporting and Analytics: Revenue tracking, retention metrics, growth analytics, and no-show analysis.
- Multi-Location Management: Dashboard for managing multiple business branches.
- Mobile Applications: iOS and Android applications for full business management.
- Marketplace: Discovery and recommendation of beauty services and professionals to clients.
2. Eligibility and Account Registration
2.1 Eligibility
You must be at least eighteen (18) years of age and have the legal capacity to enter into binding contracts under the laws of your jurisdiction to use the Platform. By registering, you represent and warrant that you meet these requirements.
2.2 Account Registration
To access most features of the Platform, you must create an account by providing accurate, current, and complete information, including your name, email address, phone number, and business details. You agree to:
- Keep your account credentials confidential and secure.
- Promptly update your account information to keep it accurate.
- Notify us immediately of any unauthorised access to or use of your account.
- Accept responsibility for all activities that occur under your account.
We reserve the right to suspend or terminate accounts that contain false or misleading information, or that violate these Terms.
2.3 Email Verification
You must verify your email address to activate your account. Unverified accounts may have limited functionality.
3. Subscription Plans, Pricing, and Payment
3.1 Plans
The Platform offers multiple subscription tiers (Free, Starter, Boss, Growth, and Premium), each with different feature sets, usage limits, and pricing. Current plan details and pricing are available on our pricing page. We reserve the right to modify plans and pricing at any time with reasonable prior notice to affected subscribers.
3.2 Billing and Payment
- Paid subscriptions are billed on a recurring basis (monthly or annually, as selected) at the beginning of each billing cycle.
- All payments are processed through Paystack. By subscribing, you authorise us to charge your selected payment method for the applicable subscription fees.
- All fees are stated in Nigerian Naira (NGN) unless otherwise specified and are non-refundable except as expressly stated in these Terms or as required by law.
3.3 Transaction Fees
Payments received from End Clients through the Platform (including appointment deposits, service payments, and shop purchases) are processed through Paystack. Standard payment processing fees apply. Revenue is settled to the Business User’s designated bank account or Botglam wallet, subject to applicable fees and settlement schedules.
3.4 Free Plan Limitations
The free plan includes limited features and usage caps (e.g., limited appointments per month, limited products, limited WhatsApp reminders). Exceeding these limits will require upgrading to a paid plan.
4. Business User Obligations
4.1 Lawful Use
You agree to use the Platform only for lawful purposes and in compliance with all applicable laws and regulations, including but not limited to the Nigeria Data Protection Act 2023 (NDPA), consumer protection laws, and tax obligations.
4.2 Client Data Responsibilities
As a Business User, you act as the data controller for your End Clients’ data. You are responsible for:
- Obtaining all necessary consents from End Clients before collecting, processing, or sharing their Personal Data through the Platform.
- Ensuring that your use of End Client data complies with the NDPA and other applicable data protection laws.
- Responding to End Client data access, correction, and deletion requests in a timely manner.
- Not using End Client data for purposes beyond those disclosed in your own privacy practices and as permitted by these Terms.
4.3 Accurate Representations
You represent and warrant that all information you provide about your business, services, pricing, and availability is accurate, current, and not misleading. You must not advertise services you are not qualified or licensed to perform.
4.4 Professional Standards
You agree to provide services to your End Clients in a professional manner and in accordance with applicable industry standards, health and safety regulations, and licensing requirements.
5. End Client Terms
End Clients who interact with the Platform (by booking appointments, making purchases, communicating with Business Users, or browsing the marketplace) agree to:
- Provide accurate contact and payment information.
- Honour confirmed bookings or provide timely cancellations in accordance with the Business User’s cancellation policy.
- Make payments for services and products as agreed with the Business User.
- Communicate respectfully with Business Users through the Platform.
Botglam facilitates the connection between Business Users and End Clients but is not a party to the service agreement between them. We do not guarantee the quality, safety, or legality of services provided by Business Users.
6. WhatsApp Integration Terms
6.1 WhatsApp Business API
The Platform integrates with the WhatsApp Business API (Conversational API) to enable messaging features. By using WhatsApp features on the Platform, you agree to:
- Comply with the WhatsApp Business Policy, WhatsApp Commerce Policy, and Meta Platform Terms.
- Only send messages to End Clients who have consented to receive communications via WhatsApp.
- Not use WhatsApp messaging for spam, unsolicited marketing, or any unlawful purpose.
- Acknowledge that message delivery is subject to WhatsApp’s operational availability and policies, and we do not guarantee delivery of any specific message.
6.2 Message Content
You are solely responsible for the content of messages you send through the Platform via WhatsApp. We provide message templates and AI-assisted drafting features as tools, but the decision to send any message and its final content are your responsibility.
7. AI Features and Automated Processing
7.1 AI-Assisted Services
The Platform uses artificial intelligence and machine learning technologies to provide features including response suggestions, smart recommendations, rebooking campaigns, and business analytics. You acknowledge that:
- AI features analyse your data (including communications, booking data, and client information) to generate suggestions, recommendations, and insights.
- AI-generated outputs are provided as suggestions only and should not be treated as professional, legal, financial, or medical advice.
- You remain solely responsible for reviewing, approving, and sending any AI-assisted communications or acting on AI-generated recommendations.
- AI outputs may occasionally be inaccurate or inappropriate. You must exercise your own professional judgement before relying on them.
7.2 AI Data Usage
We may use aggregated, de-identified, or anonymised data derived from Platform usage to train, improve, and develop our AI models and features. Where identifiable Personal Data is used for AI training, we will do so only with appropriate legal basis, safeguards, and (where required) your explicit consent. You may opt out of AI training on your identifiable data through your account settings. For full details, please refer to our Privacy Policy.
7.3 No Guarantee of AI Availability
AI features are provided on an “as available” basis. We may modify, suspend, or discontinue AI features at any time without liability, including in response to changes in third-party AI service providers, regulatory requirements, or safety concerns.
8. Marketplace Terms
8.1 Marketplace Services
The Platform may include marketplace features that allow End Clients to discover, compare, and book services from Business Users. We may recommend specific Business Users or services to End Clients based on factors including location, availability, ratings, reviews, and End Client preferences.
8.2 Marketplace Listings
By creating a public profile on the Platform, Business Users consent to their profile information (including business name, services, pricing, location, portfolio, reviews, and ratings) being displayed in the marketplace and through public booking pages. You may control certain visibility settings through your account dashboard.
8.3 Platform Role
Botglam acts as an intermediary connecting Business Users and End Clients. We are not a provider of beauty or wellness services. We do not employ, endorse, or guarantee any Business User. Disputes between Business Users and End Clients should be resolved directly between the parties. Botglam may, at its sole discretion, assist in dispute resolution but is not obligated to do so.
8.4 Reviews and Ratings
End Clients may submit reviews and ratings of Business Users. Reviews must be honest, accurate, and based on genuine experiences. We reserve the right to remove reviews that violate these Terms, are fraudulent, or contain inappropriate content. Business Users may respond to reviews but must not offer incentives for positive reviews or engage in review manipulation.
9. Acceptable Use
You agree not to:
- Use the Platform for any unlawful, fraudulent, or deceptive purpose.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Interfere with, disrupt, or place an undue burden on the Platform or its infrastructure.
- Attempt to gain unauthorised access to any part of the Platform, other accounts, or connected systems.
- Use automated means (bots, scrapers, crawlers) to access the Platform without our prior written consent.
- Transmit viruses, malware, or other harmful code through the Platform.
- Use the Platform to send spam, bulk unsolicited messages, or harassing communications.
- Collect or harvest Personal Data of other users without authorisation.
- Circumvent, disable, or otherwise interfere with security-related features of the Platform.
- Use AI features to generate content that is harmful, deceptive, discriminatory, or that violates any applicable law.
10. Intellectual Property
10.1 Our Intellectual Property
The Platform, including its software, design, logos, trademarks (“Botglam,” “Express Booking”), content, documentation, and all underlying technology, is owned by or licensed to Botglam and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for its intended purpose and in accordance with these Terms.
10.2 Your Content
You retain ownership of all content you submit to the Platform (including business information, service descriptions, portfolio images, and communications). By submitting content, you grant Botglam a worldwide, non-exclusive, royalty-free licence to use, display, reproduce, and distribute such content solely for the purposes of operating and improving the Platform, including displaying your profile and services in the marketplace.
10.3 Feedback
Any feedback, suggestions, or ideas you provide regarding the Platform may be used by us without restriction or obligation to you.
11. Third-Party Services
The Platform integrates with third-party services including but not limited to Paystack (payments), WhatsApp/Meta (messaging), and Google Calendar (scheduling). Your use of these services is subject to their respective terms and policies. We are not responsible for the performance, availability, or practices of third-party services. Any issues arising from third-party services should be directed to the relevant provider.
12. Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED OUTPUTS OR RECOMMENDATIONS.
- WARRANTIES REGARDING THE QUALITY, SAFETY, OR LEGALITY OF SERVICES PROVIDED BY BUSINESS USERS.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- BOTGLAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM.
- OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO BOTGLAM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
- WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM: (A) YOUR RELIANCE ON AI-GENERATED SUGGESTIONS OR RECOMMENDATIONS; (B) ACTIONS TAKEN BY BUSINESS USERS OR END CLIENTS; (C) FAILURE OR UNAVAILABILITY OF THIRD-PARTY SERVICES (INCLUDING PAYSTACK, WHATSAPP, OR GOOGLE); (D) UNAUTHORISED ACCESS TO YOUR ACCOUNT DUE TO YOUR FAILURE TO MAINTAIN CREDENTIAL SECURITY; OR (E) DISPUTES BETWEEN BUSINESS USERS AND END CLIENTS.
14. Indemnification
You agree to indemnify, defend, and hold harmless Botglam, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of or access to the Platform.
- Your violation of these Terms or any applicable law or regulation.
- Your violation of any third-party rights, including data protection rights of your End Clients.
- Content you submit to or transmit through the Platform.
- Services you provide to End Clients through or in connection with the Platform.
- Your use or misuse of AI features, including reliance on AI-generated outputs.
15. Termination
15.1 Termination by You
You may terminate your account at any time by contacting us or through your account settings. Upon termination, you will lose access to the Platform and any data associated with your account, subject to our data retention policies described in our Privacy Policy.
15.2 Termination by Us
We may suspend or terminate your account at any time, with or without notice, if:
- You breach these Terms or any applicable law.
- We reasonably believe your account has been compromised or is being used fraudulently.
- Your use of the Platform poses a risk to other users or to our infrastructure.
- We are required to do so by law or by order of a court or regulatory authority.
- We discontinue the Platform or any material part of it.
15.3 Effect of Termination
Upon termination: (a) your licence to use the Platform immediately ceases; (b) you must cease all use of the Platform; (c) any outstanding fees remain payable; (d) provisions that by their nature should survive termination (including Sections 10, 12, 13, 14, 16, and 17) will continue in full force and effect.
16. Dispute Resolution
16.1 Informal Resolution
Before initiating any formal proceedings, you agree to first attempt to resolve any dispute arising out of or relating to these Terms by contacting us at legal@botglam.com. We will endeavour to resolve the dispute within thirty (30) days.
16.2 Mediation and Arbitration
If the dispute cannot be resolved informally, it shall be submitted to mediation under the rules of the Lagos Court of Arbitration (LCA). If mediation fails, the dispute shall be resolved by binding arbitration under the LCA Rules. The seat of arbitration shall be Lagos, Nigeria, and the language of arbitration shall be English.
16.3 Exceptions
Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect intellectual property rights or to prevent irreparable harm.
17. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Subject to the dispute resolution provisions in Section 16, the courts of Lagos State, Nigeria shall have exclusive jurisdiction over any disputes arising under these Terms.
18. General Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Botglam regarding your use of the Platform and supersede all prior agreements, representations, and understandings.
18.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
18.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
18.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
18.5 Notices
Notices to you may be sent via email to the address associated with your account or posted on the Platform. Notices to us should be sent to legal@botglam.com.
18.6 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power outages, internet or telecommunications failures, or failures of third-party service providers.
18.7 Modifications
We reserve the right to modify these Terms at any time. Material changes will be notified to you by email or via the Platform at least fourteen (14) days before they take effect. Your continued use of the Platform after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree with the changes, you must stop using the Platform and close your account.
19. Contact Us
For questions or concerns about these Terms, please contact us:
- Company: Botglam
- Email: legal@botglam.com
- Website: botglam.com
Please also review our Privacy Policy which explains how we collect, use, and protect your personal data.