NiceBots Terms of Service

Last updated: December 1, 2024

1. Definitions

For the purpose of these Terms of Service (“Terms”), the following definitions shall apply: “NiceBots” (also referred to as “we”, “us”, or “our”) means NiceBots and its operators, providing Discord bot services. “User” (also referred to as “you” or “your”) means any individual or entity using our Services. “Services” encompasses all Discord bots operated or developed by NiceBots, including but not limited to public bots, custom bots, specialized bots, and any related services or features. “Bot” refers to any Discord bot provided through our Services, whether public, custom, or specialized. “Public Bot” means any pre-built Discord bot offered by NiceBots for general use. “Custom Bot” means any Discord bot developed specifically for a User according to their requirements. “Specialized Bot” refers to any Bot with specific functionality domains, such as moderation, tracking, or other specialized purposes. “Bot Hosting” refers to the service of maintaining and operating Bots on our infrastructure. “Discord” means Discord Inc. and its communication platform. “Payment Terms” refers to the terms and conditions relative to payment processing. “Service Period” means the duration for which Services are provided, whether through subscription or one-time payment. “Abuse” encompasses any use of our Services that violates these Terms, applicable laws, or reasonable usage limits, including but not limited to attempting to exploit, reverse engineer, or compromise our Services.

2. Bot Operation and Data Processing

Each Bot operated under these Terms may process and store data necessary for its intended functionality. This includes, but is not limited to, server information, user interactions, command usage, configuration settings, and any other data required for the Bot’s operation. The specific data processed by each Bot depends on its functionality and purpose. We maintain appropriate security measures for all data processing activities. When you add any Bot to a Discord server, you grant explicit permission for that Bot to process and store relevant data according to its functionality. You warrant that you have the authority to grant such permission and have informed server members about the Bot’s data processing activities.

3. Bot Communication and Updates

When setting up any Bot, you must designate an official communication channel. This channel may be subscribed to our updates through Discord’s features, serving as the primary method for communicating important information about the Bot, these Terms, Privacy Policy updates, and other critical notifications. If you disable this feature, you assume responsibility for staying informed about updates through regular checks of our website.

4. Related Agreements and Policies

These Terms operate in conjunction with our Privacy Policy (available at /legal/privacy) and Payment Terms (available at /legal/payment-terms). By accepting these Terms, you explicitly acknowledge that you have read, understood, and agree to be bound by both our Privacy Policy and Payment Terms. Our Privacy Policy governs how we collect, use, and protect your data across all our Services. The Payment Terms, maintained by our payment processor LemonSqueezy, govern all payment-related aspects of our Services. Together, these documents form the complete legal agreement between you and NiceBots. In case of any conflict between these Terms and the Privacy Policy or Payment Terms regarding data processing or payment matters respectively, the Privacy Policy or Payment Terms shall prevail for their respective domains. Any reference to “Terms” in our communications or documentation includes, by extension, both the Privacy Policy and Payment Terms.

5. Service Provision and Customization

Each Bot may have specific features, limitations, and operational parameters based on its intended purpose. We maintain the right to modify these parameters as necessary for service stability and improvement. For Custom Bots, while specific deliverables may be detailed in individual agreements, these Terms govern the fundamental aspects of service provision, including but not limited to data processing, hosting, maintenance, and support.

6. Service Termination

We reserve the absolute right to terminate or suspend any Service, at any time, for any or no reason, without prior notice. Circumstances that may lead to immediate termination include, but are not limited to: Abuse of our Services, violation of these Terms, engagement in illegal activities, failure to pay applicable fees, or actions that may cause harm to NiceBots, our Services, or other Users. Upon termination, all rights granted under these Terms cease immediately. We maintain no obligation to store or forward any data after termination.

7. Custom Bot Development and Hosting

For Custom Bot development, additional terms shall be specified in individual agreements. However, unless explicitly stated otherwise in such agreements, we retain all intellectual property rights to the developed code and systems. Users receive a non-exclusive license to use the Custom Bot for its intended purpose. Bot Hosting services are provided subject to reasonable usage limits and technical constraints. We reserve the right to modify hosting parameters as necessary for service stability.

8. Limitations of Liability

Our Services are provided “as is” without any warranties, express or implied. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use. Our maximum liability for any claim arising from these Terms or our Services shall not exceed the amount paid by you for the specific Service giving rise to such claim during the twelve months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless NiceBots, its officers, directors, employees, agents, and third-party service providers from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your use of our Services, violation of these Terms, or violation of any rights of another party.

10. Data Processing

Our Privacy Policy governs the collection, use, and processing of data through our Services. By using our Services, you consent to such processing and warrant that all data you provide has been obtained lawfully and with appropriate consents. For Custom Bots, specific data processing terms may be detailed in individual agreements.

11. Intellectual Property

All rights, title, and interest in our Services, including all intellectual property rights, remain exclusively with NiceBots. Users receive a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms. This license terminates automatically upon termination of these Terms or specific Services.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Lausanne, Switzerland. Any disputes arising from these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland.

13. Modifications

We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting to our website. Continued use of our Services after such changes constitutes acceptance of the modified Terms.

14. Bot-Specific Terms

While these Terms govern all aspects of our Services, certain Bots may have supplementary terms that provide additional detail about their specific functionality, limitations, or requirements. Such supplementary terms shall be read in conjunction with these Terms. In case of conflict between these Terms and any supplementary terms, these Terms shall prevail unless explicitly stated otherwise in the supplementary terms.

15. Bot Integration and Usage

By integrating any Bot into a Discord server, you agree to:

Grant necessary permissions for the Bot’s intended functionality
Ensure compliance with Discord’s Terms of Service
Maintain appropriate server settings and configurations
Use the Bot within its designed parameters and reasonable usage limits
Accept responsibility for the Bot’s activities within your server
Inform server members about the Bot’s presence and functionality

16. Contact

For any questions regarding these Terms or any specific Bot, please contact us at hello+legal@nicebots.xyz.