Terms of Service

These Terms of Service (the "Terms") constitute a legally binding agreement between you and Buildcord ("Buildcord," "we," "us," or "our") governing your access to and use of the website located at buildcord.dev, the application located at app.buildcord.dev, the application programming interfaces, and the related infrastructure that hosts and executes Bots (collectively, the "Service"). BY CREATING AN ACCOUNT, CLICKING TO ACCEPT THESE TERMS, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICE.

If you accept these Terms on behalf of a company, organization or other legal entity, you represent and warrant that you have the authority to bind that entity, in which case "you" refers to that entity.

1. Definitions

1. "Account" means the account you register to access the Service.
2. "Bot" means any Discord application configured, built, deployed or operated through the Service.
3. "Customer Content" means all flows, configurations, designs, data, credentials and other materials that you or your Collaborators submit to, store in, or generate through the Service, including End User Data.
4. "Collaborator" means any individual you invite to access or modify a Bot.
5. "End User" means any individual who interacts with a Bot, including members of Discord servers in which a Bot is installed, and "End User Data" means personal data relating to End Users that is processed by a Bot.
6. "Discord" means Discord Inc. and its affiliates, and the "Discord Platform" means the services, applications and application programming interfaces they provide.
7. "Subscription" means a paid plan for the Service, together with any add-ons, as described on the Service's pricing pages.

2. No Affiliation with Discord

Buildcord is an independent service and is not affiliated with, endorsed by, sponsored by or otherwise approved by Discord. All references to Discord are for identification purposes only. Your use of the Discord Platform is governed solely by Discord's Terms of Service, Developer Terms of Service, Developer Policy and any other applicable Discord terms (the "Discord Terms"), with which you agree to comply at all times. Buildcord is not responsible for, and shall have no liability arising from, any act or omission of Discord, including any modification, suspension or discontinuation of the Discord Platform or any enforcement action taken by Discord against you or any Bot.

3. Eligibility

You must be at least thirteen (13) years of age, or the minimum age required to use the Discord Platform in your jurisdiction, whichever is greater, to use the Service. You represent and warrant that you meet this requirement, that you are not barred from using the Service under applicable law, and that you have not previously been suspended or removed from the Service.

4. Accounts

You agree to provide accurate and complete registration information and to keep it current. You are responsible for safeguarding your authentication credentials and for all activities that occur under your Account, whether or not authorized by you. You agree to notify us immediately at support@buildcord.dev of any actual or suspected unauthorized access to or use of your Account. You are responsible for the acts and omissions of your Collaborators as if they were your own.

5. The Service

Subject to your compliance with these Terms, Buildcord grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the term of these Terms. Buildcord may modify, update or discontinue any feature or component of the Service at any time. Where Buildcord discontinues the Service in its entirety, it will provide not less than thirty (30) days' prior notice and a reasonable means of exporting your Customer Content.

6. Customer Content

1. Ownership. As between you and Buildcord, you retain all right, title and interest in and to your Customer Content.
2. License to Buildcord. You grant Buildcord a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, display and execute your Customer Content solely to the extent necessary to provide, maintain, secure and improve the Service, and to comply with applicable law.
3. Your responsibilities. You are solely responsible for your Customer Content and for the operation and conduct of your Bots. You represent and warrant that you have all rights, licenses, consents and authorizations necessary to submit your Customer Content to the Service, including any Discord application credentials, and that your Customer Content and Bots do not and will not violate these Terms, the Discord Terms, or any applicable law or third-party right.
4. End User Data. With respect to End User Data, you act as the controller (or equivalent) and Buildcord acts as your processor (or equivalent) and processes End User Data only on your behalf and in accordance with your instructions as expressed through your configuration of the Service. You are responsible for providing any notices to, and obtaining any consents from, End Users required by applicable law.

7. Acceptable Use

You shall not, and shall not permit any Bot, Collaborator or third party to:

1. send unsolicited bulk messages or spam, or join, raid or disrupt any Discord server without authorization;
2. harass, threaten, defame or abuse any person, or create, transmit or store any content that is unlawful, obscene, hateful, that exploits or endangers minors, or that incites violence;
3. engage in phishing, distribute malware, or collect or harvest personal data without proper notice and lawful basis;
4. scrape, crawl or otherwise extract data from the Discord Platform in violation of the Discord Terms;
5. interfere with, disrupt, probe, scan or test the vulnerability of the Service or any system or network, or attempt to gain unauthorized access to any account, Bot or data;
6. circumvent, disable or interfere with any usage limit, security feature or access control of the Service;
7. reverse engineer, decompile or disassemble any part of the Service, except to the extent such restriction is prohibited by applicable law; or
8. resell, sublicense or otherwise commercially exploit the Service without Buildcord's prior written consent.

8. Subscriptions, Fees and Payment

1. Plans. The Service is offered under a free plan and under paid Subscriptions. The features, usage limits and fees applicable to each plan are those described on the Service at the time of purchase, and are incorporated into these Terms by reference.
2. Fees. The Paid plan is billed at eight United States dollars (US$8.00) per month and includes two (2) Bots operating on dedicated compute. Each additional Bot operating on dedicated compute is billed at three United States dollars (US$3.00) per month. Each Bot operating on dedicated compute in a region outside the United States and the European Union is subject to an additional surcharge of three United States dollars (US$3.00) per month, including Bots included in the Paid plan.
3. Billing. Subscription fees are billed monthly in advance through our payment processor, Stripe, Inc. You authorize Buildcord and its payment processor to charge your designated payment method for all applicable fees. Add-on fees are adjusted automatically as Bots are added, removed or relocated, and are prorated for the remainder of the then-current billing period.
4. Taxes. All fees are exclusive of taxes, levies and duties, which will be added where required by law and for which you are responsible, excluding taxes based on Buildcord's net income.
5. Non-payment. If any payment fails and is not remedied following the payment processor's retry period, your Subscription will terminate and Bots operating on dedicated compute will be suspended. Customer Content will not be deleted as a result of such suspension.
6. Cancellation and refunds. You may cancel your Subscription at any time through your Account; cancellation takes effect at the end of the then-current billing period. Except as expressly required by applicable law, all fees are non-refundable and no refunds or credits will be provided for partial billing periods.
7. Price changes. Buildcord may change its fees upon not less than thirty (30) days' prior notice, effective at the start of your next billing period following such notice.

9. Artificial Intelligence Features

The Service includes an assistant powered by third-party machine learning models ("AI Features"). Output generated by AI Features may be inaccurate, incomplete or inappropriate, and you are solely responsible for reviewing any output before relying on or deploying it. Inputs to AI Features are transmitted to third-party model providers as described in our Privacy Policy. Use of AI Features is subject to the usage limits of your plan.

10. Intellectual Property

Except for your Customer Content, the Service and all intellectual property rights therein are and shall remain the exclusive property of Buildcord and its licensors. No rights are granted to you other than as expressly set forth in these Terms. If you submit feedback or suggestions regarding the Service, Buildcord may use them without restriction or obligation to you.

11. Suspension and Termination

You may terminate these Terms at any time by deleting your Account. Buildcord may suspend or terminate your access to the Service, or any Bot, immediately and without liability if you breach these Terms, if your use of the Service poses a security or legal risk to Buildcord, the Service or any third party, or if required by law. Where reasonably practicable and lawful, Buildcord will provide notice of the reason for suspension or termination. Upon termination, your right to use the Service ceases and Buildcord will delete your Customer Content in accordance with its Privacy Policy. Sections 6(c), 6(d), 8 (as to accrued fees), 10, 12, 13, 14, 15 and 17 survive termination.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUILDCORD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BUILDCORD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ANY BOT WILL RECEIVE OR PROCESS EVERY EVENT, OR THAT ANY DEFECT WILL BE CORRECTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUILDCORD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUILDCORD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO BUILDCORD DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS (US$50.00). NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to defend, indemnify and hold harmless Buildcord and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your Customer Content, your Bots, your use of the Service, or your breach of these Terms or of any applicable law or third-party right.

15. Governing Law and Disputes

These Terms and any dispute arising out of or relating to them or the Service shall be governed by the laws of the jurisdiction in which Buildcord is established, without regard to its conflict-of-laws principles. The courts of that jurisdiction shall have exclusive jurisdiction over any such dispute, and each party submits to the personal jurisdiction of those courts. Nothing in this Section deprives a consumer of the protection of mandatory provisions of the law of the country in which the consumer is habitually resident.

16. Changes to These Terms

Buildcord may amend these Terms from time to time. Buildcord will notify you of any material amendment by email or through the Service not less than thirty (30) days before it takes effect. Your continued use of the Service after the effective date of an amendment constitutes acceptance of the amended Terms.

17. General

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Buildcord concerning the Service and supersede all prior agreements and understandings. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. No failure or delay in exercising any right shall operate as a waiver. You may not assign or transfer these Terms without Buildcord's prior written consent; Buildcord may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of its assets. Buildcord shall not be liable for any failure or delay in performance caused by events beyond its reasonable control. Notices to Buildcord must be sent to support@buildcord.dev.