Paid Services Terms
Last updated: December 1, 2024
1. Definitions
For the purpose of these Terms, “Agreement” refers to these Paid Services Terms and any documents they expressly incorporate by reference. “NiceBots” (also referred to as “we”, “us”, or “our”) means NiceBots and its operators. “Services” encompasses any paid products, services, content, features, technologies, or functions offered by NiceBots. “User” (also referred to as “you” or “your”) means any individual or entity purchasing or using our Services. A “Custom Bot” is defined as any Discord bot developed specifically for a User according to their requirements, while a “Public Bot” refers to any Discord bot offered by NiceBots for general use. “Discord” refers to Discord Inc. and its services, with which NiceBots is not affiliated. “LemonSqueezy” refers to Lemon Squeezy, LLC, our authorized payment processor and merchant of record. “Intellectual Property Rights” encompasses all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service marks rights, goodwill, trade secret rights, and other intellectual property rights recognized by any jurisdiction. “Custom development work” refers to any development work undertaken by NiceBots for a User according to their specifications. It does not include Public Bot services or general support.
2. Company Status and Relationships
2.1 Independence from Discord
NiceBots operates as an independent service provider creating bots and tools for use with Discord’s platform. We maintain no affiliation with, endorsement from, or official connection to Discord Inc. Discord and the Discord logo are registered trademarks of Discord Inc. and are used here only for reference purposes.
2.2 Payment Processing Relationship
LemonSqueezy (Lemon Squeezy, LLC) serves as our merchant of record, which means all payments are processed through LemonSqueezy’s secure payment infrastructure. When making a purchase, you are technically buying from LemonSqueezy as our authorized reseller. All payment disputes and refunds are handled as described in the section 4.2 of these Terms.
3. Agreement to Terms
By purchasing or using any paid Services from NiceBots, you acknowledge and agree to be bound by these Terms and any policies referenced herein. You represent that you have the authority to enter into this Agreement and commit to complying with all applicable laws and regulations. You further agree to provide accurate and complete information in connection with your use of our Services.
4. Payment and Billing
4.1 Pricing and Payment
All prices are denominated in USD unless otherwise specified in writing. We reserve the right to modify prices with 30 days notice for existing subscribers. Payment must be made in advance for all Services, and all payments are processed through LemonSqueezy as our payment processor.
4.2 Refunds
BY AGREEING TO THESE TERMS, YOU AGREE THAT ANY REFUND WILL NOT BE POSSIBLE FOR COMPLETED CUSTOM DEVELOPMENT WORK. SUBSCRIPTION REFUNDS, WHEN GRANTED, ARE PRORATED FROM THE CANCELLATION DATE. ANY REFUND REQUESTS MUST BE SUBMITTED WITHIN 30 DAYS OF THE ORIGINAL PURCHASE DATE TO BE CONSIDERED. Refund provisions are implemented at our sole discretion.The refund process can be initiated by:
- Contacting us at hello@nicebots.xyz with your refund request.
- Contacting us in your “Discord server” with your refund request, available at here. All refund requests must include the purchase receipt for your refund request.
4.3 Taxes
The responsibility for all applicable taxes lies with you, the User. Prices displayed may or may not include VAT/GST depending on your jurisdiction. Taxes, when collected, are directly collected by LemonSqueezy as our Merchant of Record and remitted to the appropriate authorities.
5. Service Delivery and Usage
5.1 Custom Bot Development
Custom bot development commences, unless agreed differently by writing, only after both payment receipt and specification agreement. Timeline estimates provided are non-binding unless explicitly stated in writing. Any changes to specifications requested after agreement may result in additional charges. Testing and approval procedures will be detailed in individual contracts.
5.2 Public Bot Services
Access to public bot services is granted immediately upon successful payment processing. These services are subject to reasonable usage limits as determined by NiceBots. While we strive for maximum availability, uptime is not guaranteed unless specifically detailed in a separate agreement. We reserve the right to modify features with appropriate notice to users.
5.3 Usage Restrictions
Users are expressly prohibited from reselling or redistributing our Services, attempting to reverse engineer our code, using Services for illegal purposes, exceeding reasonable usage limits, or sharing access credentials. Violation of these restrictions may result in immediate termination of services.
6. Intellectual Property
6.1 Ownership
NiceBots retains all Intellectual Property Rights to our Services. The ownership of custom development work is specified in individual contracts. Users retain ownership of their content and data submitted through our Services.
6.2 License
NiceBots grants users a limited, non-exclusive license to use our Services. These licenses are non-transferable unless specified otherwise in writing. We reserve the right to revoke licenses for violations of these Terms.
7. Term and Termination
7.1 Duration
Services continue until terminated by either party according to these Terms. Subscription terms renew automatically unless cancelled according to specified procedures. Custom development terms are detailed in individual contracts.
7.2 Termination
NiceBots reserves the right to terminate Services for violation of these Terms, non-payment, discontinuation of Services, or at our discretion with appropriate notice.
7.3 Effect of Termination
Upon termination of Services, access ceases immediately and payment obligations remain for completed work. Data retention continues according to our Privacy Policy, and all confidentiality obligations persist beyond termination.
8. Limitation of Liability
8.1 Warranty Disclaimer
All Services are provided “as is” without warranties of any kind, whether express or implied. We make no guarantee of continuous availability and accept no responsibility for changes to Discord’s platform that may affect our Services.
8.2 Limitation of Liability
NiceBots shall not be liable for indirect or consequential damages. Our maximum liability is limited to amounts paid for Services. Force majeure events excuse non-performance, and we accept no liability for third-party services.
9. Data Handling and Privacy
Our Privacy Policy governs all data collection and use. Transaction records are retained permanently for legal compliance. All data except payment information is stored in Switzerland. We implement industry-standard security measures to protect user data.
10. Changes to Terms
NiceBots reserves the right to modify these Terms at any time, with changes becoming effective upon posting. Significant changes will be notified 30 days in advance. Continued use of Services after changes constitutes acceptance of modified Terms.
11. Governing Law and Jurisdiction
These Terms are governed exclusively by Swiss law. Any disputes shall be subject to the exclusive jurisdiction of Swiss courts. All disputes shall be resolved according to Swiss law, and users waive any right to participate in class action proceedings.
12. Severability
Should any provision of these Terms be found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable. All other provisions shall remain in full effect. These Terms shall be interpreted to fulfill their original intent to the maximum extent permitted by law.
13. Contact
Questions regarding these Terms should be directed to hello+legal@nicebots.xyz.