Terms of Service

These terms apply to every use of Ruination Bots (the "Service"), operated by TODO: Your full legal name or company name incl. legal form("we", "us"). By creating an account you accept them.

Your own general terms do not apply, even if we do not expressly object to them and perform the contract without reservation.

• Consumer means a natural person entering into the contract for purposes outside their trade, business or profession (§ 13 BGB).
• Entrepreneur means a natural or legal person acting in the exercise of their trade, business or profession (§ 14 BGB).
• Bot means a Discord application you connect to the Service using a token you control.
• Content means everything you configure, upload or cause your Bot to produce.

The presentation of the Service on our website is not a binding offer. By signing in with Discord and completing account creation you make an offer to conclude a contract on these terms; we accept it by making the account available to you. The contract is concluded in English and its text is not stored separately by us, but these terms can be retrieved and printed from this page at any time.

A Discord account is required. We are not affiliated with Discord Inc. and your use of Discord is governed exclusively by Discord's own terms.

We host and run Discord bots on your behalf and provide a dashboard to configure them. The specific scope follows from the description on our website and the features available in your plan at the time.

We may develop the Service further, add features and discontinue individual ones, provided the change is reasonable for you taking account of our interests. Where a change materially reduces the functionality you are paying for, we will give you at least 30 days' notice and you may terminate for that reason.

We aim for the highest availability we reasonably can, but we do not owe a specific uptime unless it is expressly agreed in writing. Maintenance windows, faults at our upstream providers, and outages or changes at Discord are outside our control. Discord may at any time change its API, rate limits or policies in ways that restrict or prevent the operation of a Bot; that is not a defect in our Service.

The Service is currently provided free of charge. No fees are payable, and no payment details are collected.

If we introduce paid plans, existing free functionality will not become chargeable without notice: we will inform you at least 30 days in advance and you will be free to terminate rather than accept.

You are responsible for everything that happens under your account. Keep access to your Discord account secure, and treat bot tokens as secrets. Tell us without delay if you suspect unauthorised access.

You may grant other users moderator access to your Bots. You remain responsible for what they do with the permissions you grant, as if it were your own conduct.

One person may not maintain multiple accounts to circumvent limits, suspensions or pricing.

You must not use the Service, and must not configure a Bot, to do any of the following. This list is deliberately concrete; anything unlawful is prohibited whether or not it is named here.

• Break the law of Germany, of your own country, or of any country where your Bot operates.
• Breach Discord's Terms of Service, Developer Terms or Community Guidelines, or evade any Discord restriction, rate limit or ban.
• Send unsolicited messages, mass DMs, advertising or any other form of spam.
• Distribute malware, phishing links, or content designed to obtain other people's credentials.
• Harass, threaten, defame, or incite hatred or violence against anyone, or operate a Bot whose purpose is to enable others to do so.
• Publish or distribute content depicting the sexual abuse of minors, or any other content prohibited by §§ 184b, 130 or 86a StGB or equivalent law.
• Infringe third-party intellectual property, or scrape or resell data obtained through the Service.
• Impersonate another person or organisation, or misrepresent your Bot's affiliation.
• Attack, probe or overload our infrastructure or that of our providers, circumvent technical restrictions, or use the Service for crypto mining or other disproportionate resource consumption.
• Resell, sublicense or white-label the Service without our prior written agreement.

We do not monitor Content proactively and are not obliged to under §§ 8 to 10 DDG. Where we become aware of a specific infringement we may remove the Content, suspend the Bot or suspend the account. We choose the mildest effective measure and, where practicable, tell you first and give you the chance to remedy the problem. In cases of serious or repeated breach, of manifestly unlawful content, or of risk to our infrastructure or to third parties, we may act immediately.

If you believe content on the Service infringes your rights, write to TODO: contact@yourdomain.tld with enough detail to identify it and we will review it promptly.

Where your Bot processes personal data about members of your Discord servers, you are the controller within the meaning of Art. 4(7) GDPR and we act as your processor. You are responsible for having a legal basis for that processing, for informing your members, and for answering their requests.

Our Data Processing Agreement under Art. 28 GDPR forms an integral part of this contract and is concluded automatically with it. You do not need to sign anything separately, though we will countersign a copy on request.

Our own processing as controller — your account, your billing data, security logs — is described in the Privacy Policy.

The Service, its software, design and documentation remain ours. You receive a non-exclusive, non-transferable right to use them for the term of the contract and for the purposes set out here.

Your Content remains yours. You grant us a simple, worldwide right to store, reproduce and transmit it strictly to the extent necessary to operate the Service for you — for instance to relay a configured message to Discord or to hold a backup. This right ends when the Content is deleted, save for backups that expire on their normal cycle.

The contract runs for an indefinite period. You may terminate at any time and without notice by deleting your account in the settings. We may terminate an unpaid contract with 30 days' notice.

The right of either party to terminate for cause without notice remains unaffected (§ 314 BGB). Cause exists for us in particular where you seriously breach section 7, where your use exposes us to legal liability, or where you are in default of payment despite a reminder.

On termination your Bots stop, your data is deleted as described in the Privacy Policy, and access ends. Export anything you need beforehand.

Statutory rights on defects apply. For consumers, §§ 327 ff. BGB on digital products apply, including our obligation to maintain conformity and provide updates for as long as you may reasonably expect.

A defect does not exist where a fault results from your configuration, from a change to Discord's platform or API, from third-party services you have connected, or from use contrary to these terms.

We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and to the extent we have given a guarantee.

For slight negligence we are liable only where an obligation is breached whose fulfilment is essential to the proper performance of this contract and on whose observance you may regularly rely (a cardinal obligation). In that case liability is limited to the damage typical for this type of contract and foreseeable at the time it was concluded.

Any further liability for slight negligence is excluded.

The above limitations also apply in favour of our employees, agents and vicarious agents. They do not apply to claims under the Product Liability Act or to fraudulently concealed defects.

If a third party brings a claim against us because of Content you provided or conduct of your Bot that breaches these terms or the law, you will indemnify us against that claim and against the reasonable costs of legal defence, unless you are not responsible for the breach. We will inform you of any such claim without undue delay and will not settle it without consulting you.

We may amend these terms where necessary because of changes in the law or case law, because of technical developments, or to close a gap that arises after conclusion of the contract — provided the amendment is reasonable for you.

We will notify you of any amendment by email at least six weeks before it takes effect. If you do not object in text form before that date, the amendment is deemed accepted; we will point that consequence out to you separately in the notice. If you object, we may terminate the contract with effect from the date the amendment takes effect.

German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with habitual residence in another country, this choice of law does not deprive you of the protection of the mandatory provisions of that country's law.

If you are an entrepreneur, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office at TODO: City. We remain entitled to bring proceedings at your general place of jurisdiction.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

Should any provision of these terms be or become invalid, the validity of the remainder is unaffected. The invalid provision is replaced by the statutory rule.

These terms are provided in English. Where a German translation is offered and the two differ, the German version prevails for consumers resident in Germany.