-
-
Notifications
You must be signed in to change notification settings - Fork 7
Terms Of Service
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded or accessed by You on any electronic device, named Elite Discord Bot, the website "elitebot.dev", or the API at "api.elitebot.dev"
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Country refers to Ohio, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to the owning entity of the Application.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Service refers to the Application.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Discord refers to a Third-part Social Media Service called Discord which operates as it's own legal entity. Use of our Service may be done through Discord, and is subject to their own terms and privacy policy. It is Your responsibility to abide by these terms and policies while using Discord. If the links provided in this document do not work, it is Your responsibility to locate the official documents for Discord.
Discord TOS may be found here https://discord.com/terms
Discord Privacy Policy may be found here https://discord.com/privacy
Discord Paid Services Terms may be found here https://discord.com/terms/paid-services-terms
Benefits refer to anything you receive as a result of making a purchase through Discord.
Subscription refers to a reoccurring charge through Discord.
Support Server refers to a place within Discord where users can contact the Company and receive notices from the Company. It may be found at https://elitebot.dev/support
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service as outlined by the Discord TOS.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
When using our services, you must comply with these terms and all applicable laws, rules, and regulations, and you must only use the services for authorized and acceptable purposes. You must also adhere to our API Policy (https://elitebot.dev/apiterms), which contains specific rules for your use of our Application's API. Fundamentally, do not do, try to do, or encourage or help others to do any of the following:
- Don’t use the services to do harm to yourself or others. Among other things, this includes trying to gain access to another user’s account or any non-public portions of the services, infringing anyone else’s intellectual property rights or any other proprietary rights, exploiting, harassing, bullying, spamming, auto-messaging, or auto-dialing people through our services.
- Don’t use the services to do harm to our Company. Among other things, this includes trying to gain access to or attacking our systems, scraping our services without our written consent, transmitting viruses or other malicious code to our services, abusing or defrauding us or our payment systems, copying our product or using our intellectual property without permission, and misusing our reporting or customer service mechanisms.
- Don’t use the services to do anything else that’s illegal. This includes using the services to plan or commit any crime or do anything else that is illegal.
We encourage you to report any content to us via our Support Server that may violate any of these terms.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
All monetization and purchases are handled via the Third-party Social Media Platform Discord. By making a purchase you are agreeing to Discord's Paid Services Terms. These terms also may limit your rights to refunds.
Our Service does not handle any personal information entered to make these purchases. Any complaints regarding a transaction or disputes of charges must be directed at Discord, as our Service is not responsible.
If something was purchased through Discord and any Benefits received from our Service do not activate after a reasonable delay, You agree to try the following steps in order to resolve Your situation.
- Refresh Purchases on the Company's Website You may click the "Refresh Purchases" button that is present on Your profile page after logging into the Company's Website.
- You may contact the Company for resolution if Discord displays that Your purchase was successful.
- If the cause for this discrepancy is the fault of Discord, You agree to contact Discord for further complaint.
Our Company will put forth our best effort to maintain all Benefits for the duration of Your Subscription. What constitutes "our best effort" is at the sole discretion of the Company to the extent of applicable law.
Our Service reserves the right to cancel Benefits You may have received through a purchase at any time for any reason without refund, primary as a result of violating these terms. In the event that Your Benefits are canceled or changed, appropriate notice will be given to You if You are reachable by the Company through Discord. If a cancellation or change affects multiple individuals, notice may be given as one announcement through the Support Server.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected] Support server: https://elitebot.dev/support