# Terms of Service

Last updated 4/9/2024 (links updated 6/30/2024)

These Terms govern your access to and use of the products and services we provide through or for StoryBot (referred to hereafter as "Services").

These Terms also govern users' use of our Services. Please note that Discord has their own terms of service, which can be found here: https://discord.com/terms

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the "Agreement"). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.

## 1. Who's Who

"You" means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you're authorized to accept the Agreement on that person's or entity's behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

"Our", "we", and all other such terms refer to the the StoryBot Team

## 2. Your Account

Using our Services requires a Discord account. You agree that we may collect your data as listed in our privacy policy. We may send you messages about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response. Your best option to keep up-to-date with this information is to join our official Discord server and follow our announcements channel.

You're solely responsible and liable for all activity under your account. You're also fully responsible for maintaining the security of your account (which includes keeping your password secure). We're not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a story you write about your boss, that's on you.

If you'd like to learn about how we handle the data you provide us, please see our [Privacy Policy](https://storybot.app/legal/privacy).

## 3. Minimum Age Requirements

Our Services are not directed to children. You're not allowed to access or use our Services if you're under the age of 13 (as doing so is a violation of Discord's Terms of Service). If you use our Services, you represent that you're at least 13. You may use our Services only if you can legally form a binding contract with us. In other words, if you're under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

## 4. Responsibility of Visitors and Users

We haven't reviewed, and can't review, all of the content (like stories) posted to or made available through our Services by users or anyone else ("Content") or on websites that link to, or are linked from, our Services. We're not responsible for any use or effects of Content or third-party websites. So, for example:

- We don't have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We don't endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- You're fully responsible for the Content that you produce using this bot and any harm resulting from that Content. It's your responsibility to ensure that your server's Content abides by applicable laws and by the Agreement.
- We aren't responsible for any harm resulting from anyone's access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You're responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

## 5. Fees, Payment, and Renewal

### a. StoryBot Fees

**Fees for Paid Services.** Some of our Services are offered with an optional subscription. This section applies to any purchases of Paid Services.

By using a Paid Service, you agree to pay the specified fees. You also agree to Discord's [Paid Services Terms](https://support.discord.com/hc/en-us/articles/4410339366295)

**Automatic Renewal.** By enrolling in a subscription, you authorize Discord to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. Unless you cancel a subscription, it'll automatically renew and Discord will charge your payment method(s). The date for the automatic renewal is based on the date of the original purchase.

**Refunds.** We may have a refund policy for some of our Paid Services, and we'll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

## 6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.

## 7. General Representation and Warranty

Our Services are designed to give you control and ownership over the stories you write. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, as well as copyright laws);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of the StoryBot Team or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve renting, leasing, loaning, selling, or reselling the Services without our consent. You are free to redistribute content you generate using this service; just not the service itself.

## 8. Specific Service Terms

StoryBot enables you to create fun stories, and we would love for you to use it.

StoryBot's basic service is free, and we offer paid plans that add advanced features. **We don't own your content, and you retain all ownership rights you have in the content you post or write on Discord.** However, be responsible in what you publish. In particular, make sure that nothing prohibited (for example, spam, viruses, or serious threats of violence) appears in your stories. In addition, all stories must comply with Discord's Terms of Service.

If you find a story that you believe violates these Terms, please join our support server and let us know. If there is reasonable suspicion of misuse, we may look at the story there and take appropriate action (as determined by us in our sole discretion). See [our privacy policy](https://storybot.app/legal/privacy) for more details.

**License.** By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, store, and use the Content solely for the purpose of providing and improving our products and Services.

**Removing Content.** If you delete Content, we'll use reasonable efforts to delete it, but you acknowledge that backed-up versions of the Content or references to the Content may still be stored. These will be deleted regularly. If you want us to delete your data from backups too, join our support server and notify us.

**Prohibited Uses.** Your and your story must comply with [Discord's Terms of Service](https://discord.com/terms).

## 9. Copyright Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.

## 10. Intellectual Property

The Agreement doesn't transfer any of the StoryBot Team's or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between the StoryBot Team and you) solely with the StoryBot Team. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn't grant you any right or license to reproduce or otherwise use any of the StoryBot Team's or third-party trademarks.

## 11. Changes

We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we'll provide notice of the changes, such as by posting the amended Terms and updating the "Last Updated" date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we've notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.

## 12. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, other applicable terms. We have the right (though not the obligation) to terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to Discord's Paid Services Terms.

## 13. Disclaimers

Our Services are provided "as is." The StoryBot Team and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the StoryBot Team, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Our bot may offer settings like "Safe Mode" to attempt to help server moderators better restrict content found in their stories. While these may try to help moderators restrict content, these filters are inherently imperfect and are not a substitute for human moderation. if some content makes its way past a Safe Mode filter, we are not responsible for that.

## 14. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Schenectady, New York, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.

## 15. Limitation of Liability

In no event will the StoryBot Team, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to the StoryBot Team under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. The StoryBot Team shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

## 16. Indemnification

You agree to indemnify and hold harmless the StoryBot Team, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user's server.

## 17. US Economic Sanctions

You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions; (ii) are not listed on any United States list of prohibited or restricted parties, such as [OFAC's Specially Designated Nationals and Persons List](https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists), or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause the StoryBot Team to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.

## 18. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between the StoryBot Team and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

The StoryBot Team may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.