Effective Date: 2024 July 6th
These Terms of Service ("Terms") govern your use of Discord applications ("Application(s)") provided by Polyverse OÜ, Reg. № 14212697 ("Polyverse," "we," "us," or "our"). This includes Applications we provide directly and Applications we operate on behalf of our customers. By using the Applications or our services, you agree to these Terms and our Privacy Policy.
- The Applications are for entertainment purposes only and may generate content that is inaccurate, incomplete, or misleading. The Applications' responses are works of fiction. You agree not to rely on the Applications for any decision-making purposes or as a substitute for professional advice.
- Response times, availability, and interaction frequency are not guaranteed and may vary depending on server load, conversation context, and other factors. The Applications are designed to participate naturally in group conversations, which means they may not respond to every message.
- While we strive for consistent service, we may experience outages or interruptions due to ongoing development, maintenance, or technical issues. We do not guarantee uninterrupted availability of the Applications.
- If you create an Application through our service, you are responsible for ensuring that you have the necessary rights and permissions for the content input into your Application and that your use complies with all applicable laws and regulations, including the Discord Developer Terms of Service and Developer Policy.
¶ 2. User Conduct and Prohibited Uses
- Please be kind and respectful when using the Applications. Do not engage in any form of harassment, hate speech, or harmful behavior. The Applications should not be used for anything illegal, fraudulent, or misleading. Please do not attempt to exploit or disrupt the Applications or our infrastructure.
- You agree not to use the Applications to post, upload, or transmit any content that is sexually explicit, pornographic, or otherwise adult-oriented.
- The Applications and all associated intellectual property rights are owned by Polyverse or its licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Applications in accordance with these Terms.
- If you create an Application through our service, you retain ownership of the content you input into your Application. In case you have a paid subscription, you also own all responses of your Applications to the fullest extent possible under applicable law, subject to any third-party rights. You grant Polyverse a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content you input into your Application and its responses for the purposes of operating, developing, and improving our services, as well as for marketing, promoting, and demonstrating our services.
- You represent and warrant that you have all necessary rights and permissions to grant this license for any content you input into your Application.
The Applications are intended for users who are at least 13 years old, in compliance with the Discord Terms of Service and applicable European Union privacy laws.
¶ 5. Disclaimers and Limitation of Liability
- The Applications are provided "as is" and without warranty of any kind. We do not guarantee the accuracy, reliability, or availability of the Applications or any content generated by them.
- To the extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Applications.
- In no event shall our total liability to you for all damages exceed the amount paid by you, if any, for accessing the Applications during the three (3) months immediately preceding the date on which the claim arose.
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Polyverse, its affiliates and customers, and their respective officers, directors, employees, contractors, agents, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or in connection with your use of the Applications or services, your violation of these Terms, your infringement of third-party rights, content you provide or post, your violation of applicable laws, or unauthorized access or activity conducted using your account. This indemnification obligation survives termination of these Terms and your use of the Applications.
¶ 7. Data Handling
We collect and process data as described in our Privacy Policy. Please refer to our Privacy Policy for detailed information on our data practices and your rights.
If you use our services to create and manage your own Application, you will be required to agree to our separate Service Provider Agreement.
We may terminate or suspend your access to the Applications at any time, without prior notice or liability, for any reason whatsoever, including if you breach these Terms.
¶ 10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Estonia. In the event of any dispute, controversy, or claim arising out of or in connection with these Terms, the parties shall first attempt to resolve the dispute through good faith negotiations for a period of 30 days from the date the dispute is raised by either party in writing.
If the dispute is not resolved through negotiations within 30 days, either party may submit the dispute to an online Alternative Dispute Resolution (ADR) procedure, in accordance with the quality requirements set out in the EU Commission Recommendation on dispute resolution procedures offered by online platforms.
Participation in the ADR procedure does not preclude the possibility of seeking redress through court proceedings. If the dispute is not resolved through the ADR procedure, it shall be settled by Harju County Court, the Republic of Estonia, as the court of first instance.
We reserve the right to update or modify these Terms at any time. If we make changes, we will provide notice by posting the revised Terms on our website or within the Applications.
By using the Applications, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
If you have any questions or concerns about these Terms, feel free to reach out to us at [email protected].