Terms of Service for GiselleBot

Last Revised: March 13, 2022

These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and GiselleBot (”we”, “us”, or “our”), concerning your access to and use of our Services (as defined below). You agree that by accessing any of our Services, you have read, understood, and agree to be bound by all of these Terms.

If you do not agree with all of these Terms, then you are expressly prohibited from using our Services and must discontinue their use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last Revised” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Services so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms of Service are posted.

The information provided through our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

In these Terms of Service, if we refer to:

“Website”, we are referring to any website of ours that references or links to this Terms;
“Bot” or “App”, we are referring to any Discord application of ours that references or links to this Terms, including any listed above;
“Service(s)”, we are referring to our Website, Bot, and other related services, including any sales, marketing, or events;
“Data”, we are referring to any data, content, and information (including personal information) owned, held, used or created by you (or on your behalf) that may be stored using, or processed by, our Services;
“Discord”, we are referring to Discord Inc. and its related companies;
“Discord Server”, we are referring to any public or private community that allow you to interact with other Discord users within the Discord App;
“Discord End User”, we are referring to you, as someone who is using Discord-related services according to the Discord privacy policies and terms of service;
“Discord End User Data”, we are referring to the data you provide to Discord through the Discord App;
“Discord App”, we are referring to the client(s) (desktop, mobile, web, …) that Discord offers to their End User(s) to access their services;
“Discord API” we are referring to the API (Application Programming Interfaces) Discord provides to developers, that enables us to access your Discord End User Data according to the Discord privacy policies and terms of service.

Use Of The Service

By accessing any of our Services, you acknowledge to be bound by all of these Terms, and you agree that any data managed by, or through the use of, our Services shall be treated according to our Privacy Policy .

In regards to the use of our Bot(s), you acknowledge that by

inviting our Bot(s) in one or more Discord Servers,
using the features offered by our Bot(s) in one or more Discord Servers, or
sharing one or more Discord Server with our Bot(s),

constitutes an implicit agreement to these Terms.

You acknowledge that your access to any of our Services might be revoked upon any breach of these Terms, and upon a breach of the Terms and/or Policies set by Discord, such as:

All information supplied by our Services is provided for entertainment and informational purposes only. You agree that you will only use our Services, and/or data/information provided by them, for their intended purposes, and not for other commercial ventures without first seeking explicit approval from us.

By using our Services, you may need to interact with other Services users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these Terms. We are not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through our Services.

The use of our Service is limited to individuals above the minimum age prescribed in the Discord’s Terms of Service .

Some features, such as those marked as “NSFW” (“Not Safe For Work”) should not be accessed by individuals under the age of maturity in their respective country. Any violation of such prescriptions might result in the immediate interruption of our Services for the involved individuals.

License And Restrictions

By accessing any of our Services, you agree to be given a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use our Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by the Terms.

You may not (and you may not permit anyone else to):

copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by us, in writing (e.g., through an open source software license); or
attempt to disable or circumvent any security mechanisms used by the Service.

Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with us for the use of the components of the Service released under an open source license.

Limitation Of Liability

You expressly understand and agree that we, our subsidiaries and affiliates, and our licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not we have been advised of or should have been aware of the possibility of any such losses arising).

We do not warrant or guarantee the accuracy, completeness, timeliness, merchantability or fitness for a particular purpose of the information and data provided or distributed by our Services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance of any information or data found through our Services.

We are not responsible or liable in any manner for any content that is created by third parties through features that enable individuals to configure and/or add custom content to our Services, such as sending message(s) on behalf of our Bot(s).

The owner(s) of the Bot(s) may not be made liable for individuals breaking these Terms at any given time.

Any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter within our Services shall be reported to us as soon as possible. We may act on such content (and on the individuals uploading such content) at our discretion.

Exclusion Of Warranties

You expressly understand and agree that your use of our Services is at your sole risk, and that our Services are provided “as is” and “as available”.

You agree that we have no responsibility or liability for the deletion or failure to store any data and other communications maintained or transmitted through use of the Service.

While attempting to offer a high quality and secure service, we do not warrant to you that:

your use of the service will meet your requirements,
your use of the service will be uninterrupted, timely, secure or free from errors,
the results or data provided by the Service will be accurate,
the quality of the Service will meet your expectations, and
any errors in the Service will be fixed.

Modification Of The Service

You acknowledge and agree that our Services may change from time to time without prior notice to you. Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our Services.

Ideas, Feedback, Communications

You may choose to or we may invite you to submit comments or ideas about our Services, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

You also agree to allow us to distribute communications (e.g. to your Discord Server(s)) as we deem necessary, without limitation.

Affiliation And External Resources

Our Services are not affiliated with, supported or made by Discord.

Any direct connection to Discord, and/or any other registered Trademark/Brand you might encounter while using our Services is purely coincidental. We do not claim to have the copyright ownership of any of their assets, trademarks or other intellectual property.

Our Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, products or other materials on or available from such web sites or resources.

Refunds

We do not offer any refunds for Premium subscriptions or sponsorships. If you would like to transfer your Premium subscription to another Discord Server, please contact us.

Indemnification

You agree to hold harmless and indemnify us, and our subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “We and our Partners”) from and against any third party claim arising from or in any way related to

your breach of the Terms,
your use of the Service, or
your violation of applicable laws, rules or regulations in connection with the Service,

including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Contact Us

In order to resolve a complaint regarding our Services, or to receive further information regarding use of our Services, please contact us at contact@discomm.cc.