When we say “Dougley”, “we”, “our”, or “us”, we’re talking about Dougley, its subsidiaries, and related companies.
When we say “Discord”, we’re talking about Discord Inc., its subsidiaries, and related companies.
When we say “the service”, or “services”, we’re talking about our Discord bots, websites, APIs, and other services that we provide to you, including the ability to use our services to host your own Discord bot.
When we say “you” or “your”, we’re talking about you, the person using our services. If you’re accessing our services on behalf of a company or organization, you represent that you are authorized to agree to these Terms on behalf of that organization. In that case, “you” and “your” will refer to that organization.
Who we are
Dougley is a company registered in the Netherlands. We are registered with the Dutch Chamber of Commerce under registration number 74614487.
We provide services via Discord, a chat application. Discord is owned and operated by Discord Inc., a company registered in the United States of America.
Discord Inc. is not affiliated with Dougley.
Rights to use the Service
Subject to compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use.
You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or its licensors, except for the permissions and rights expressly granted in these Terms.
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We reserve to refuse any user access to the Service without notice for any reason, including but not limited to a violation of the Terms.
If you violate these Terms, we reserve the right to issue you a warning regarding the violation or immediately terminate or suspend your acccess to the Service. You agree that we need not provide you notice before terminating or suspending your access to the Service, but it may do so.
By using the service you agree that the laws of the Kingdom of the Netherlands, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us.
Intellectual Property Rights
All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your Data, collectively referred to as the “Service Materials”, are, as between Dougley and you, owned by Dougley and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials.
You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by us, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by us and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Data.” You represent and warrant that Your Data is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without us incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Data is your sole responsibility and we are not responsible for any material that you upload, post, or otherwise make available.
We do not guarantee the accuracy, quality, or integrity of any user content posted. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that we will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content.
We reserve the right to remove and permanently delete Your Data from the Service with or without notice for any reason or no reason. You may notify us of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing [email protected]
Rules of Conduct and Usage
As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms as well as any additional restrictions set forth in the Service.
Additionally, you agree to not:
- upload content to the Service which is obscene, indecent, vulgar, pornographic, illicit, unsavory, sexual, or otherwise objectionable;
- upload content to the Service that aims to defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
- upload content to the Service that aims to violate the contractual, personal, intellectual property or other rights of any party in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- use the Service to facilitate unsavory practices, including but not limited to spam, phishing, distributing malware, etc;
- violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.
These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms or improper use of the Service and to take action including exclusion from further participation in the Service.
Our services are not intended for use with life-critical or safety-critical systems, such as use in operation of medical equipment, automated transportation systems, autonomous vehicles, aircraft or air traffic control, nuclear facilities, manned spacecraft, or military use in connection with live combat. We do not accept any liability for damages resulting from such use.
However, these restrictions do not apply in the event of the occurance (as certified by the United States Center for Disease Control or successor body) of a widespread viral infection transmitted via bites or contact with bodily fluids that causes human corpses to reanimate and seek to consume living human flesh, blood, brain or nerve tissue and is likely to result in the fall of organized civilization.
Feedback concerning any of the outlined Services is appreciated. However, you agree that upon submission of feedback, you forego any rights to the content, title, or intent of the provided feedback. Additionally, the feedback you provide may be used in any way.
Fees & Charges
While we do not charge for the use of the Service, we reserve the right to do so in the future. If we do, we will notify you of any fees or charges before you are required to pay them. If you do not accept the new fees or charges, you may terminate your use of the Service prior to the commencement of the new fees or charges.
Some parts of the Service might require additional payment. These parts of the Service are referred to as “Paid Services”. Paid Services are subject to the Paid Services Agreement.
Your Right to Terminate
You’re free to stop using our Service at any time. To terminate your agreement with us, just stop using the Service. Please be aware that some parts of the Service may require additional steps to terminate, such as cancelling a subscription.
Even after these Terms are terminated, please be aware that some parts of these Terms survive termination. For more information, see the section titled “Survival” below.
Our Right to Terminate
Subject to applicable law, we reserve the right to suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
We will have no obligation to provide a refund of any amounts previously paid.
If you are using the Service on behalf of a company, business or other entity, or if you are using the Service for commercial purposes, you and the entity agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Service or through the Service causes us to be liable to another.
Limitation of Liability
IN NO EVENT WILL WE, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
WE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANY AMOUNT TO US DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE.
The foregoing exclusions and limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Dougley shall not be liable for user content, including without limitation Your Data, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, we, our subsidiaries, our affiliates, and our licensors do not warrant that the content is accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
Any part of these Terms that, by its nature, should survive the termination of these Terms shall survive the termination of these Terms. As permitted under applicable law, this includes but is not limited to the following:
- Our rights to use and disclose your feedback;
- Our rights to retain and display certain data;
- Your indemnification obligations;
- Our ownership rights and rights to use and disclose your content;
- The disclaimers, limitations of liability and termination provisions set forth in these Terms.
Changes to these Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contacting Each Other
If you have any questions about these Terms, please contact us at [email protected]. We’ll do our best to get back to you within a reasonable amount of time.
We may contact you about service announcements, administrative messages, and other information. You may opt out of some of those communications at any time.