TypicalBot – Terms of Service

TypicalBot LLC ("Company," "we" or "our") provides a moderation and utility chat bot for Discord ("TypicalBot") to you through the website located at https://typicalbot.com ("Website"), subject to these terms and conditions ("Terms").

The Terms govern your access to and use of TypicalBot, and the images, information, links, sounds, text, videos, and other content made available through the Website (collectively, "Services"). By using the Services, you agree to the Terms. If you do not agree with the Terms, you may not use the Services.

PLEASE READ THE TERMS CAREFULLY, AS THEY CONTAIN PROVISIONS THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SECTION 13 THAT GOVERN HOW DISPUTES BETWEEN YOU AND TYPICALBOT WILL BE RESOLVED.

1. Eligibility

You may access and use the Services only if you are at least 13 years old. If you are at least the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian's permission to use the Services. Additionally, you must only use the Services in compliance with the Terms, and all applicable federal, state and local laws and regulations.

2. Our Property

All interest in the Services and their components shall remain our exclusive property or the property of our licensors. You shall not acquire any ownership interest in the Services by downloading or using the Services. Subject to the Terms, we grant you a non-exclusive, non-sublicensable, revocable and worldwide license to access and use the Services as provided by us and in a manner permitted by the Terms. Unless you have our express written permission, you must not decompile, reverse assemble or reverse engineer the Services.

3. User Content

As between you and the Company, all interest you have in any content that you display, distribute, post, transmit or upload ("post") in connection with the Services ("User Content") shall remain your property. However, you hereby grant us a non-exclusive, royalty-free, transferable and worldwide license to adapt, display, distribute, host, modify (in whole or in part), publicly display, publicly perform, store and use such User Content using any methods now known or later developed for the sole purpose of allowing us to provide the Services to you.

For User Content that you post to or through the Services, you represent and warrant that: (a) You have the right to post such User Content and are able to grant the licenses set forth herein; (b) We will not need to obtain licenses from or pay royalties to any third party in connection with such User Content; and (c) Such User Content does not infringe upon any third party’s rights, including without limitation, intellectual property, privacy and publicity rights.

We do not guarantee or warrant the accuracy, reliability or truthfulness of any User Content. We shall not be liable for any errors or omissions in any User Content. We reserve the right, but have no obligation, to delete or remove any User Content that may violate the Terms or any applicable laws and regulations.

If you send us any feedback or suggestions, you agree that we may implement such feedback without any compensation to you.

4. Your Conduct

In accessing or using the Services, you agree that you will not:

  1. Abuse, defame, harass, intimidate, libel, mock, stalk or threaten any person or group of people;
  2. Access, tamper with or use computer or networking systems that you are not authorized to access;
  3. Breach or circumvent any authentication or security measures within the Services;
  4. Compromise the security of the Services;
  5. Collect information about other people without their consent;
  6. Exploit or harm minors;
  7. Post User Content that contains malware, viruses or other malicious code;
  8. Post User Content that contains incitements to violence or that is discriminatory, hateful or sexually explicit (e.g. pornography);
  9. Post spam;
  10. Use the Services for any purpose that is illegal or prohibited by the Terms;
  11. Attempt any of the foregoing activities and conduct; or
  12. Direct a third party to perform any of the foregoing activities and conduct.

If we believe you are violating any of the provisions in this section, we may limit, suspend or terminate your access to the Services. Furthermore, we may delete or remove any of your hosted or stored User Content and/or take action to prevent you from using the Services.

You are solely responsible for your interactions with other users of the Services and other parties that you come in contact with through the Services. We hereby disclaim any and all liability to you or any third party relating to any dispute you have with other users of the Services. We reserve the right, but have no obligation, to mediate or manage disputes between you and other users of the Services.

5. Billing

If you elect to purchase any of our paid services ("Paid Services"), fees are specified at the Services interface "check-out" and shall be paid in advance. The fees specified are exclusive of any taxes. You are responsible for any taxes associated with your purchases from us. If you fail to pay any applicable fees when due, we reserve the right to terminate your access to the Paid Services.

We will automatically bill your account from the date you purchase the Paid Services and on each periodic renewal until you cancel the Paid Services. You may cancel the Paid Services at any time. If you cancel the Paid Services, such cancellation shall be effective at the end of your then-current subscription period and you may continue to access and use the Paid Services until such time, unless your access to the Paid Services is suspended or terminated earlier as set forth in the Terms.

We shall honor refund requests for a period of 7 days from the date on which you first purchase Paid Services by providing a full refund upon request. If we honor a refund request from you, we reserve the right to terminate your access to Paid Services immediately. No refund requests will be honored after such period.

If you dispute any amounts paid or payable by you, you must notify the Company in writing and provide such written notice to us within sixty (60) days of the applicable charge to your account. If you do not provide the Company with a written notice within sixty (60) days, you will not be entitled to dispute or recover any applicable amounts paid or payable by you.

6. Disclaimers

We reserve the right to modify the functionality of the Services at any time. Furthermore, we reserve the right to discontinue providing the Services at any time, provided we give you prior notice, which we shall deliver to you by email to the email address associated with your account.

WE PROVIDE THE SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTIES. YOU USE THE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we make no warranties:

  1. Concerning User Content posted on or through the Services;
  2. Concerning resources outside of the Services;
  3. That any User Content you post to the Services will be made available on the Services;
  4. That the Services will be accessible from all devices;
  5. That the Services will be error-free and uninterrupted; or
  6. That the Services will meet your professional needs.

7. Limitation of Liability

To the fullest extent permitted by law:

  1. We shall not be liable for any direct, indirect, consequential, exemplary or incidental damages, including without limitation, damages for loss of business, data, goodwill or profit;
  2. Our total liability to you for any and all claims shall be limited to and not exceed the amount paid by you to the Company or five hundred dollars (USD $500.00), whichever is greater; and
  3. In all cases, we shall not be liable or responsible to you or any third party for any damages or losses that are not reasonably foreseeable.

To the extent any of the foregoing disclaimers or limitations of liability do not apply to you, all applicable implied and statutory warranties shall be limited to the fullest extent permitted by law for the minimum period required by law and no warranties shall apply after such period.

8. Privacy

Our Privacy Policy describes the information we collect from you, to whom we disclose your information to and for what purpose, and how we collect, process, store, transfer and use your information. In most cases, we need to collect, disclose, process, store, transfer and use information about you in order to provide the Services to you. By using the Services, you acknowledge that you have read and understand, and you consent to our collection, disclosure, processing and storage of your data and information, as set forth in the Privacy Policy, which is incorporated herein by reference. We may modify the Privacy Policy at any time and for any reason. If we make any modifications to the Privacy Policy, we will notify you by email and ask you to confirm your acceptance and consent to the modified Privacy Policy.

9. Term and Termination

The Terms begins on the date of electronic acceptance or on the date you first access or use the Services and continues so long as you access or use the Services or have an account with us, whichever is longer. You may terminate your agreement with the Company at any time by deactivating and/or deleting your account with the Company and no longer accessing or using the Services. We may terminate the Terms at any time by providing seven (7) days notice.

If you breach the Terms, we may, at our option: (a) terminate the Terms immediately, with or without advance notice; and (b) delete, limit, suspend, or terminate access to the Services and your account. If we disable, suspend, or terminate your access to the Services, or if we deactivate or delete your account, you may not attempt to access the Services or create a new account without our written consent and permission to do so.

If we delete your account for any reason, any Content associated or posted with your account may no longer be available. We will not be liable or responsible to you or any third party for any loss of such Content.

10. Third Party Content

The Services may contain content that does not belong to the Company ("Third Party Content") in order to help provide the Services to you, but such use does not indicate that we endorse the Third Party Content and we are not responsible for their actions.

The Services may link to third party websites, some of which may use materials under license from the Company. We are not responsible for these third party websites or the organizations operating or sponsoring such third party websites, or their products or services, nor do we endorse or support such third party websites, whether or not we are affiliated with such third party websites.

11. Assignment and Beneficiaries

You shall not assign the Terms and any attempted assignment of the Terms by you shall be null and void. The Terms are freely assignable by the Company. We may also permit third parties to exercise our rights or perform our obligations under the Terms. The Terms do not create any third party beneficiary rights.

12. Amendment

We reserve the right to amend or modify the Terms at any time and for any reason. When we amend the Terms, we will notify you by email prior to such amendments taking effect. The Terms must not be amended by you and any attempted amendment by you will be null and void. Neither the course of conduct between the parties nor trade practice will act to amend the Terms.

13. Arbitration

Arbitration or Mediation: You agree that any and all future, past, and present claims or disputes you may have against the Company arising out of, in connection with, or relating to the Terms and the Services (a "Claim") must be resolved by arbitration or mediation. For the avoidance of doubt and clarification, this means that any Claim you have will not be resolved by a judge or jury in a court of law.

Class or Representative Actions: You agree that any Claim you have against the Company must only be resolved on an individual basis and not in a class, consolidated, or representative action or proceeding, regardless of how the Claim is resolved.

Jury Trial Waiver: If, for whatever reason, a court trial should occur, you and the Company hereby irrevocably waive the right to a trial by jury.

Rules of Arbitration: Arbitration shall be conducted by one (1) neutral arbitrator appointed by the American Arbitration Association ("AAA") and in accordance with the Terms and the rules of the AAA ("AAA Rules"). If there is a conflict or inconsistency between the Terms and AAA Rules, the Terms shall govern. The arbitrator shall follow the provisions of the Terms as a court would. The arbitrator may award any damages and relief on an individual basis that a court would award to an individual under the Terms and applicable law. Unless the Company and you agree otherwise, any and all arbitration hearings shall take place in the State of Wisconsin. Any Claim for $1,000 or less shall be conducted solely on the basis of documents submitted to the arbitrator. Any Claim for more than $1,000, but less than $15,000, shall be conducted on the basis of documents submitted to the arbitrator or through a telephonic hearing. Any Claim for more than $15,000 shall be conducted solely by an in-person hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which any award is based. Payment of all administration, arbitrator, and filing fees (collectively, "Arbitration Fees") shall be governed by the AAA Rules, except as otherwise provided in the Terms.

All of the foregoing provisions in this section shall survive any termination of the Terms.

14. Indemnification

You must defend, indemnify, and hold harmless the Company, its affiliates and subsidiaries, and their respective agents, contractors, directors, employees, officers, and representatives from and against any and all actions, claims, costs, damages, debts, expenses, fees (including, but not limited to, attorneys’ fees), fines, judgments, liabilities, losses, obligations, and penalties arising out of or in relation to any action, claim, counterclaim, proceeding, or suit arising out of or in relation to:

  1. Any Content you post to or with the Services;
  2. Your access to, activities on, and usage of the Services;
  3. Your breach of the Terms;
  4. Your violation of any third party rights, including, but not limited to, any intellectual property, privacy, or publicity rights; or
  5. Your violation of any law or regulation.

15. General Provisions

Headings: Headings are for convenience only and must not be used to construe the meaning of any provision in the Terms.

Notices: We will provide legal notices to you by email to the email address associated with your account. You shall provide legal notices to the Company by email to [email protected]. Emailed notices will be deemed given and received one business day after the email is sent. You hereby agree and consent to receive all communications from the Company electronically, including agreements, disclosures, notices or other information. We may provide any such communications by email or by posting them to the Services.

Choice of Law: The laws of the United States of America and the State of Wisconsin shall govern the Terms and any claim or dispute of any sort that might arise under the Terms between the Company and you, without regard to its choice of law provisions.

Jurisdiction and Venue: All claims, disputes, litigation, or other legal proceedings arising in connection with the Terms or your use of the Services must be brought and settled in a federal or state court in the State of Wisconsin.

Severability: If any provision of the Terms is found and held to be invalid, unenforceable or void, the arbitrator or court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of the Terms will remain in full force and effect.

Survival: The provisions of the Terms that by their nature should survive termination will survive any termination of the Terms, including, without limitation, disclaimers, limitations of liability, ownership provisions, warranty disclaimers, and miscellaneous provisions.

Waivers: No failure or delay by the Company in exercising any right will waive any further exercise of that right. In addition, no waiver of any breach or default of the Terms will waive any preceding or subsequent breach or default.

Entire Agreement: The Terms constitute the entire agreement between the Company and you concerning the subject matter hereof and supersedes all prior agreements regarding the same, whether oral or written.