Terms and conditions

Welcome to Diffcord, the service-based website offering our users products and services. Your access to and use of our website, products, and services are subject to our Terms of Service, which we urge you to read carefully. By using our products, you agree to be bound by these terms and our Privacy Policy.

Using Diffcord is subject to the following:

a. Eligibility: You may only use our products if you can form a binding contract with Diffcord and comply with all applicable laws. When creating your Diffcord account, please provide us with accurate and complete information. Access or use by anyone under 13 years old is prohibited. If you are opening an account on behalf of an entity, you represent and warrant that you are authorized to grant all permissions and licenses and bind the entity to these terms.
b. License: We grant you a limited, non-exclusive, non-transferable, and revocable license to use our products, subject to these terms and our policies.
c. Commercial Use: Any commercial use of our service requires express authorization by us. You are not permitted to display, modify, sell, resell, exploit, transfer or upload any portion of the Diffcord service for commercial purposes.

Your Content:

a. Posting content: You may submit your bot, including its profile picture, username and discriminator, ID and avatar hash, to Diffcord. All content you submit or make available on our products is referred to as "User Content." You retain all rights to and are solely responsible for the User Content you submit to Diffcord.
b. Use of content: You grant Diffcord and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Diffcord for the purpose of operating, developing, providing, and using our products. We reserve the right to remove or modify User Content that violates our policies. Copies of content shared with others may remain even after you delete the content from your account.
c. Retention of content: Following account termination or deactivation or if you remove any User Content from Diffcord, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Diffcord and its users may continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Diffcord.
d. Feedback: We value user feedback and appreciate suggestions for improving Diffcord. If you submit comments, ideas, or feedback, we may use them without restriction or compensation. Accepting your submission does not waive any rights we have to use similar feedback.

Security:

We take the security of our users seriously and work to protect your content and account. However, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure and notify us immediately of any compromise or unauthorized use of your account.

Third-Party Links, Sites, and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Diffcord. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Diffcord, you do so at your own risk, and you agree that Diffcord will have no liability arising from your use of or access to any third-party website, service, or content.

Termination

Diffcord may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 5-11 of these Terms. We reserve the right to refuse service to anyone.

Indemnity

You agree to indemnify and hold harmless Diffcord and its respective officers, directors, employees, and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits, or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

Disclaimers

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. DIFFCORD SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Diffcord takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Unfortunately, people post bad stuff on user-generated content sites like Diffcord. We take that kind of thing seriously, but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIFFCORD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS;
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR
(C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

Dispute Resolution

For any dispute you have with Diffcord, you agree to first contact us and attempt to resolve the dispute with us informally. If Diffcord has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms under the exclusive jurisdiction of the Courts in Toronto, Canada. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

Governing law and jurisdiction

These Terms shall be governed by the laws of Canada and are subject to the exclusive jurisdiction of the courts of Toronto.

General terms

Notification procedures and changes to these Terms

Diffcord reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Diffcord without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire agreement/severability

These Terms, together with the Privacy policy and any amendments and any additional agreements you may enter into with Diffcord in connection with the Products, shall constitute the entire agreement between you and Diffcord concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.