1. Introduction and Acceptance of Terms
Welcome to our Discord applications. These Terms of Service (“Terms”) constitute a legally binding agreement between you and the operator of these applications and govern your access to and use of our Discord applications, bots, and any related services (collectively, the “Service”). By accessing or using our applications in any way, including by adding a bot to a server, invoking commands, or otherwise interacting with the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organisation (such as a Discord server), you represent that you have the authority to bind that organisation to these Terms. If you do not agree to these Terms in their entirety, you must not use our applications or the Service. We reserve the right to modify these Terms as described in the section “Changes to Terms”; your continued use after such changes constitutes acceptance of the updated Terms.
2. Definitions
For the purposes of these Terms, the following definitions apply. These terms are used consistently throughout this document:
- •“Application” — means any of our Discord applications, bots, or automated services that operate on or through the Discord platform, including any updates, modifications, or successor versions thereof.
- •“User” — means any natural or legal person who accesses, uses, or interacts with our applications, whether as an individual Discord user, a server administrator, or otherwise.
- •“Service” — means all features, functionality, content, and services provided through our applications, including but not limited to commands, integrations, and any associated websites or documentation.
- •“We”, “Us”, “Our” — means the operator of the applications, i.e. the person or entity that develops, operates, and is responsible for the Service and that enters into this agreement with you.
3. Use of Service
3.1. Age and Capacity
By using our applications, you represent and warrant that you are at least 13 years of age (or the minimum age required in your jurisdiction to use online services and to consent to these Terms) and that you have the legal capacity to enter into a binding agreement. If you are under 18, you should have your parent or guardian review these Terms and consent to your use of the Service. We do not knowingly collect personal data from users below the applicable minimum age; if we become aware that we have done so, we will take steps to delete such information. By using the Service, you confirm that you meet these requirements.
3.2. Discord Account
Use of our applications typically requires a valid Discord account. You are responsible for maintaining the confidentiality of your Discord credentials and for all activities that occur under your account. You must notify us promptly of any unauthorised use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account or from unauthorised use of your account by third parties. You must also comply with Discord’s own Terms of Service and Community Guidelines when using our applications within the Discord ecosystem.
3.3. Acceptable Use
You agree to use our applications only in a lawful manner and in accordance with these Terms and any applicable laws and regulations. You must not use the Service in any way that could damage, disable, overburden, or impair our systems or that could interfere with any other party’s use of the Service. Without limiting the foregoing, you agree not to:
- •Abuse, harass, threaten, intimidate, or harm other users or any third party, or encourage others to do so
- •Distribute, upload, or transmit harmful content, spam, malware, viruses, or any other code or material that could harm systems or users
- •Attempt to gain unauthorised access to our or any third party’s systems, accounts, or data, or to circumvent security or authentication measures
- •Infringe or violate the intellectual property, privacy, or other rights of any third party
- •Use automated means (such as bots, scripts, or scrapers) to abuse or overload the application’s features in a manner that is inconsistent with their intended use
- •Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas of the application, except to the extent permitted by applicable law
We reserve the right to investigate suspected violations of these Terms and to take appropriate action, including suspending or terminating access and reporting to authorities where we deem necessary.
4. Intellectual Property
All intellectual property rights in and to the application and the Service, including but not limited to copyrights, trademarks, trade names, logos, designs, code, graphics, and any related documentation or materials, are owned by the operator or its licensors. Nothing in these Terms grants you any right, title, or interest in or to the application or the Service other than the limited, non-exclusive, revocable right to use them in accordance with these Terms. You may not copy, modify, adapt, translate, create derivative works from, distribute, sell, rent, sublicense, or otherwise exploit any part of the application or the Service without our prior written consent. Any unauthorised use may result in termination of your access and may expose you to legal action. If you believe that content available through the Service infringes your intellectual property rights, please contact us with details so that we can consider your claim.
5. User Content
Our applications may allow you to send, store, or otherwise cause to be processed content that you create or provide (“User Content”), such as messages, commands, or other input. You retain all ownership rights in your User Content. By submitting or making available any User Content through or in connection with the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify (only as necessary to operate the Service), display, distribute, and otherwise process such User Content solely for the purpose of providing, operating, improving, and securing the Service. This license continues for as long as we need it to operate the Service and to comply with our legal obligations. We do not claim ownership of your User Content and, except as set out in this section or in our Privacy Policy, we will not use your User Content for purposes unrelated to the Service without your consent.
You are solely responsible for your User Content and for the consequences of submitting or sharing it. You represent and warrant that you have all rights necessary to grant the license above and that your User Content does not violate any applicable law or any third party’s rights. You must not create, upload, or share User Content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, discriminatory, or that infringes intellectual property, privacy, or other rights of any person. We do not endorse any User Content and we may remove or refuse to process content that we believe violates these Terms or our policies, or that could harm the Service or other users, without liability to you.
6. Service Availability
We strive to keep our applications available and functioning properly; however, we do not guarantee that the Service will be available at all times, that it will be error-free, or that it will be uninterrupted. The Service may be subject to downtime due to maintenance, updates, technical failures, third-party service outages (including Discord’s platform), security incidents, or other causes beyond our reasonable control. We may suspend or discontinue the Service or any part of it temporarily or permanently, with or without prior notice, and we will not be liable to you or any third party for any unavailability, interruption, or loss of data resulting from such events. You are responsible for maintaining backup copies of any data that is important to you. We recommend that you do not rely solely on the Service for critical or time-sensitive operations.
7. Changes to Service
We reserve the right to modify, update, suspend, or discontinue the Service or any part of it (including specific features, commands, or integrations) at any time, with or without notice. We may also change the way the Service is accessed, the user interface, or the technical requirements for use. We will endeavour to inform you of significant changes that materially affect your use of the Service (for example through in-application notices, documentation updates, or other reasonable means) when it is practicable to do so; however, we are not obligated to provide advance notice in all circumstances, and we will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service or any part of it. Your continued use of the Service after any such changes constitutes your acceptance of the modified Service. If you do not agree to such changes, your sole remedy is to stop using the Service.
8. Termination
We may terminate or suspend your access to the Service, or the access of any server or user associated with you, at any time, with or without cause and with or without prior notice. Without limiting the foregoing, we may take such action if we believe you have breached these Terms, engaged in conduct that is harmful to the Service or other users, or for any other reason at our discretion. Upon termination or suspension, your right to use the Service ceases immediately, and you will no longer have access to the application or to any data or content associated with your use (except as may be required by law or as set out in our Privacy Policy regarding your personal data). We are not obligated to retain or provide you with copies of any data after termination.
You may stop using the Service at any time by ceasing to interact with the application, by removing the bot from any Discord server you control, or by otherwise discontinuing your use. Termination of your access by us does not relieve you of any obligations that by their nature survive termination (such as indemnification, limitation of liability, and governing law). The provisions of these Terms that are intended to survive termination will remain in full force and effect after any termination or expiration.
9. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that any defects will be corrected. We do not warrant that the Service will meet your requirements or expectations. You assume all risk for your use of the Service. Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, our liability will be limited to the maximum extent permitted by law.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall we (or our affiliates, directors, employees, or agents) be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Service, even if we have been advised of the possibility of such damages. Our total liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the amount you have paid to us in the twelve (12) months preceding the claim, or, if you have not paid any amount, one hundred euros (€100) or the equivalent in local currency. These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability will be limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with: (1) your use of the Service; (2) your User Content or any other content you submit or transmit through the Service; (3) your breach or alleged breach of these Terms; (4) your violation of any applicable law or any third party’s rights; or (5) any dispute between you and any third party relating to the Service. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defences. This indemnification obligation will survive the termination of your use of the Service and these Terms.
12. Privacy
The collection, use, and other processing of your personal data in connection with the Service is governed by our Privacy Policy. The Privacy Policy describes what data we collect, for what purposes we process it, how long we retain it, and what rights you have in relation to your data. By using the Service, you acknowledge that you have read and understood our Privacy Policy and that it forms an integral part of these Terms. We encourage you to review the Privacy Policy periodically. Any conflict between these Terms and the Privacy Policy with respect to the processing of personal data shall be resolved in favour of the Privacy Policy to the extent of that conflict.
13. Changes to Terms
We may modify, amend, or update these Terms at any time at our discretion. When we make changes, we will update the “Last updated” date at the top of this document and, for changes that we consider material, we will endeavour to inform you by posting a notice through the application, by email (if we have your contact details), or by other appropriate means. It is your responsibility to review these Terms periodically. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service; your only remedy is to discontinue use. We may also require you to expressly accept updated Terms in certain circumstances. Any waiver of any provision of these Terms will be effective only if in writing and signed by us; our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other competent authority, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties’ intent to the greatest extent possible. If such modification is not possible, the invalid or unenforceable provision shall be severed from these Terms. The validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and the remaining provisions shall continue in full force and effect. The same principle applies to any invalidity or unenforceability in any jurisdiction; the Terms shall remain in effect in all other jurisdictions to the fullest extent permitted by law.
15. Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the courts of the Czech Republic, and you consent to the personal jurisdiction and venue of such courts. Nothing in these Terms shall affect your statutory rights as a consumer under the laws of your country of residence where such rights cannot be waived or limited by contract. If you are a consumer, you may also have the right to bring proceedings in the courts of your country of residence.
16. Contact
If you have any questions, comments, or concerns about these Terms of Service, or if you wish to report a violation or request any clarification, please contact us at [email protected]. We will endeavour to respond to your enquiry within a reasonable time. For matters related to the processing of your personal data, please refer to our Privacy Policy and the contact details provided therein. When contacting us, please provide a clear description of your query and, where relevant, your Discord username or other identifier so that we can assist you effectively.