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Terms of Service

1. Introduction

  1. The following Terms of Use (hereinafter "the Terms"), set forth the conditions for the proper usage of our service (hereinafter "the Service"). The Service is provided by the TransforMate team (hereinafter "the Team"), in the form of the TransforMate Discord Bot (hereinafter "the Bot"); as well as any related services, features, content, or applications offered by the Team (collectively referred to as "the Service"), including any web interface for the bot (hereinafter "the Web").

  2. By accessing or using the Service in any manner, be it direct or indirect, you agree to comply with these Terms. If you do not agree with any part of these Terms, you must not use the Service.

  3. By using the Service, you confirm that you are at least 13 years old. If you are under 13, you must not use the Service. If you are between 13 years old and the legal age of majority, according to your jurisdiction's civil law, you may only use the Service with the consent of a parent or legal guardian, who agrees to be bound by these Terms, on your behalf.

  4. If you are under the age of sexual consent in your jurisdiction, you may not use the Service to engage in physical or digital sexual activities of any nature.

  5. If you have been emancipated in your jurisdiction, or otherwise are legally considered an adult according to the civil law of your jurisdiction; and as issued by an officially endorsed court of law, you will be considered as being above the age of legal maturity for the purposes of these Terms, though you will not be considered to be above the age of sexual consent. In this manner, paragraph 3 does not apply to you, whilst paragraph 4 does still apply.

2. Modification of the Terms

  1. The Team reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Service or through other communication channels. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms and conditions. It is your responsibility to review these Terms periodically for updates.

3. User environment

  1. The Service is designed to be used in the environment of a Discord server (hereinafter "the Server"). The Team is not responsible for the content or behavior of any Server where the Bot is used. The Team does not endorse or take responsibility for any actions, content, or interactions that occur within a Server.

  2. The Team is not responsible for any issues, conflicts, or disputes that may arise between users of the Service within a Server. Users are encouraged to resolve such issues independently and in accordance with the rules and guidelines of the respective Server.

  3. The Team is not responsible for the actions or behavior of any Server administrators, moderators, or other staff.

  4. The Team may refuse service to the Server if they deem it necessary, following the same dispositions outlined in Section 4, without any repercussions.

4. Right to refuse service

  1. The Team reserves the right to refuse service to anyone, at any time, for any reason, including, but not limited to: violation of these Terms, a misuse of the Service, or inappropriate behavior. Any refusal of service will be notified to a User through any contact channels available. If there are no contact channels for said User, the service will become void immediately, and they will automatically waive any rights given to them in the second paragraph of this section. If the refusal of service applies to a Server, the Server's owner will be notified, and, if possible, a notification will be issued in one of the Server's public channels. If this message is at any point deleted by any member of the server with the ability to do so, the rights outlined in the second paragraph of this will become void from the moment this action is taken.

  2. A refusal of service does not require any prior notice or explanation. As a User, you have a right to be informed of the reasons for the refusal of Service. To exercise this right, contact the Team. You also have a right to appeal; that allows you to ask for a review of this case. The Team may refuse any of these rights on exceptional occasions if they so see fit, and they will automatically become void after forty-eight (48) hours from the notification; or if the User or a Server's owner explicitly refuses this right. In this last case, not only will the Server owner's rights be revoked, but also those of everyone in the Server.

  3. If a refusal of service is applied to a user, their access to the Service will be fully revoked. Any future usage of the Service, even when carried out by other means than the ones originally sanctioned, will be qualified as an immediate breach of these Terms. This can be sanctioned as described in Section #TODO

  4. If a refusal of service is applied to a Server, the Service will be automatically removed from the Server, and access to the Service can be individually refused or otherwise revoked to any member of the Server. The second clause applies here, and no explanations or reasons will have to be provided by the Team.

5. User responsibility

  1. Users are solely responsible for their actions and interactions while using the Service. This includes, but is not limited to, any content they create, share, or interact with within the Service.

  2. Users must not engage in any behavior that is harmful, abusive, harassing, threatening, or otherwise inappropriate while using the Service. This includes but is not limited to, spamming, trolling, or engaging in any form of disruptive behavior.

  3. Users must not use the Service for any illegal or unauthorized purposes. This includes, but is not limited to, violating any applicable laws, regulations, or third-party rights, including intellectual property rights, and the Discord Terms of Service and Discord Community Guidelines.

6. Service availability, modification, and termination

  1. The Team reserves the right to modify, suspend, or terminate the Service at any time, without prior notice. This includes, but is not limited to, changes to the features, functionality, or availability of the Service.

  2. The Team is not responsible for any loss or damage that may result from the modification, suspension, or termination of the Service.

  3. The Team provides all the features of the Service for free. This status can change at any point in the product's life, as long as no previous freely available features are locked behind payment.

  4. Users of the Service have a right to access, download, save, share, and modify the Service's code, as long as all these actions respect the Terms presented here, and the code's license. The Team can revoke this right if they so see fit at any point, with at least forty-eight (48) hours of notice to the pertinent User.

7. Disclaimer of warranties

  1. The Service is provided "as is" and "as available," without any warranties of any kind, either express or implied. The Team does not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.

  2. The Team does not warrant the accuracy, reliability, or completeness of any content or information provided through the Service. Users are solely responsible for their use of the Service and any content they create or interact with.

  3. The Team disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Team does not warrant that the Service will meet your requirements or that any defects in the Service will be corrected.

8. Limitation of liability

  1. To the fullest extent permitted by applicable law, the Team shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, including but not limited to: loss of profits, data, or other intangible losses.

  2. The Team shall not be liable for any damages resulting from the use or inability to use the Service, including but not limited to: damages resulting from errors, omissions, interruptions, defects, delays in operation or transmission, or any other failure of performance.

  3. The Team shall not be liable for any damages resulting from unauthorized access to or use of our servers and/or any personal information stored therein, including but not limited to damages resulting from hacking, data breaches, or other security incidents.

9. Indemnification

  1. You agree to indemnify, defend, and hold harmless the Team, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Service, your violation of these Terms, or your violation of any rights of another party.

  2. This indemnification obligation includes but is not limited to any claims arising from your content, your interactions with other users, or your violation of any applicable laws or regulations.

10. Governing law and dispute resolution

  1. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Team is located, without regard to its conflict of law principles.

  2. Any disputes arising out of or related to these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the jurisdiction in which the Team is located. The arbitration shall take place in the jurisdiction where the Team is located, and you agree to submit to the personal jurisdiction of that jurisdiction to resolve any disputes.

  3. You agree that any claim or cause of action arising out of or related to these Terms or your use of the Service; must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

11. Severability

  1. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated; to the minimum extent necessary so that the remaining provisions of these Terms remain in full force and effect.

  2. The failure of the Team to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision contained in these Terms will be effective only if in writing and signed by the Team.

12. Fees

  1. The Service is provided free of charge. However, the Team reserves the right to introduce fees for certain features or services in the future. If such fees are introduced, the Team will provide prior notice and get your consent before charging any fees.

  2. The Team waives its right to introduce fees for features or services that have been made freely accessible in the past or present, therefore maintaining the free availability of the services and features already provided at some previous point.

  3. If you choose to use any paid features or services, you agree to pay all applicable fees, in accordance with the payment terms provided at the time of purchase. The Team reserves the right to change its fees at any time, but any changes will not affect fees already paid for services that have been provided.

13.Contact information

  1. If you have any questions, concerns, or feedback regarding these Terms or the Service, you have the right to contact the Team through any of the official channels.

  2. The Team has a right to refuse to answer to questions or concerns about the Service; unless they are related to these Terms or the associated Privacy Policy, in which case, the right of the User to be informed outrules the right outlined here.

14. Entire agreement

  1. These Terms constitute the entire agreement between you and the Team regarding your use of the Service and supersede any prior agreements or understandings, whether written or oral, relating to the subject of these Terms.

  2. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The Team's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15. Acknowledgment

  1. By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, and the associated Privacy Policy. If you do not agree with any part of these Terms or the Privacy Policy, you must not use the Service.