{"service":{"name":"Discord","url":"https://discord.com/terms","lang":"ENG","sector":"Communication","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":"07.05.2020"},"document":{"title":"","text":"Discord Terms of Service\nLast modified: May 7, 2020.\nIMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT\nAFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE\nREAD CAREFULLY.\nINTRODUCTION AND ACCEPTING THE TERMS\nWelcome to Discord! These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy at https://discord.com/privacy\n(“Privacy Policy”), are a legal agreement between Discord Inc. and its related companies (the “Company,” “us,” “our,” or \"we\") and you (\"you\" or\n“your”). By using or accessing the Discord application (the “App”) or the website located at https://discord.com (the \"Site\"), which are\ncollectively referred to as the “Service,” you agree (i) that you are 13 years of age and the minimum age of digital consent in your country, (ii) if\nyou are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are\nbetween 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has\nreviewed and agrees to these Terms.\nThe Company reserves the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with\nchanges to the law or reflecting enhancements to Discord. If the changes affect your usage of Discord or your legal rights, we’ll notify you no less\nthan seven days before the changes take effect. Unless we state otherwise, your continued use of the Service after we post modifications will\nconstitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service.\nRIGHTS TO USE THE SERVICE\nThe Service provides a chat and social platform. The Service may allow you to participate in public and private chat rooms and to utilize\nmessaging features to communicate with other users of the Service. The Service may also allow you to access certain software and/or other\ncontent that is available to purchase from the Company. Subject to your compliance with these Terms, the Company grants you a limited,\nrevocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service. You agree not to (and not to attempt to) (i)\nuse the Service for any use or purpose other than as expressly permitted by these Terms;(ii) copy, adapt, modify, prepare derivative works based\nupon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code,\nreverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these\nTerms; or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to\nyou by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the\npermissions and rights expressly granted in these Terms.\nThe Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.\nThe Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of\nthe Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or\nsuspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or\nsuspending your Account(s), but it may do so.\nLogin\n\nYOUR ACCOUNT\nYou are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your\naccount (“Account”) on the Service. Upon launching the App or the Service, if you do not already have an Account, you will be prompted to\ncreate one by providing a username and in some cases a password. You may also be required to provide a valid email address or other\ninformation to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon\nregistration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your\nusername or prevent use of a username in our sole discretion, and without any liability to you. You understand and agree that other users of the\nService may have the same username as you, however, users will be differentiated by a number identifier that may or may not be visible to you or\nother users. You will ensure that your e-mail address is kept accurate and up-to-date at all times. If we allow you to use the App without creating\nan Account (e.g., if we make available a single-session use feature), any username you select for use in connection with the App will be available\nfor other users after your session ends. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible\nfor all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the\nconfidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not\nbe liable for any loss or damage arising from unauthorized use of your credentials.\nCOMMUNICATIONS\nYou agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Service.\nFor any direct marketing messages, we will ensure that we obtain your consent first, and also make it easy for you to opt out — we don’t want to\nsend you messages you don’t want.\nBy using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and\nadministrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that Discord\nprovides to you electronically satisfy any legal requirements that such communications be in writing.\nYou may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending\nunsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the\nService. If you believe spam originated from the Service, please email us immediately at support@discord.com.\nINTELLECTUAL PROPERTY RIGHTS\nAll 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,\ninformation, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively\nreferred to as the \"Service Materials,” are, as between the Company and you, owned by the Company and/or its third party licensors. You\nacknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any\nVirtual Currency or Virtual Goods (each as defined below). You agree that you shall not modify, copy, distribute, frame, reproduce, republish,\ndownload, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials\nwithout our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing\nany Service Materials posted on the Service by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are\nreserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.\nYOUR CONTENT\nAny data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your\nContent.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the\nright to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its\nexercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you\nupload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to\nus a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish,\n\ntranslate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service. The\nCompany does not guarantee the accuracy, quality, or integrity of any user content posted. By using the Service, you acknowledge and accept\nthat you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable\nfor any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content. The Company\nreserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. You may\nnotify the Company of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing\nabuse@discord.com.\nRULES OF CONDUCT AND USAGE\nThe Service provides communication channels such as forums, communities, or chat areas (\"Communication Channels\") designed to enable you\nto communicate with other Service users. The Company has no obligation to monitor these communication channels but it may do so in\nconnection with providing the Service. The Company may also terminate or suspend your access to any Communication Channels at any time,\nwithout notice, for any reason. You acknowledge that any user content (including without limitation chats, postings, or materials posted by\nusers) on the Communication Channels is neither endorsed nor controlled by us. The Company will not under any circumstances be liable for any\nactivity within Communication Channels. The Company is not responsible for information that you choose to share on the Communication\nChannels, or for the actions of other users. As a condition of your use of the Service, and without limiting your other obligations under these\nTerms, you agree to comply with the restrictions and rules of use set forth in these Terms and our Community Guidelines as well as any\nadditional restrictions or rules (such as application-specific rules) set forth in the Service. As an example, you agree not to use the Service in\norder to:\nThese 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\nTerms, Community Guidelines or improper use of the Service and to take action including termination of your Account and exclusion from further\nparticipation in the Service.\nFEEDBACK\nWe appreciate hearing from our users and welcome your comments regarding the Service. If you choose to provide feedback, comments or\nsuggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the\nright to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain\nthe confidential or proprietary information of any third party or parties.\nBy sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the\nFeedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an\npost, upload, transmit or otherwise disseminate information that is objectionable as outlined in our Community Guidelines;\n•\ndefame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;\n•\nengage in conduct that is fraudulent or illegal or otherwise harmful to Discord or any other user;\n•\nupload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files\nor data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other users'\ncomputers;\n•\nviolate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or\notherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent,\ntrade secret, or other right of any party (including rights of privacy or publicity);\n•\nattempt to obtain passwords or other private information from other members;\n•\nimproperly use support channels or complaint buttons to make false reports to us;\n•\ndevelop, distribute, or publicly inform other members of \"auto\" software programs, \"macro\" software programs or other \"cheat utility\" software\nprogram or applications in violation of the applicable license agreements; or\n•\nexploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage; violate any\napplicable laws or regulations; or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of\ncounterfeit software, compromised accounts, or cheats or hacks for the Service.\n•\n\nirrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and\nsublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Discord and its users any claims and assertions of any moral\nrights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.\nAll rights in this section are granted without the need for additional compensation of any sort to you.\nTHIRD-PARTY CONTENT\nWe use third-party services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for\ntheir actions. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will\nleave the Service. Please note that your use of such third-party services will be governed by the terms and privacy policy applicable to the\ncorresponding third party. Some of these third-party websites may use Service Materials under license from us. We are not responsible for nor\ndo we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not\nwe are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a\nresult of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the\nService.\nUSER DISPUTES\nYou are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the\nService. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Service. The Company reserves\nthe right, but has no obligation, to manage disputes between you and other users of the Service.\nCOPYRIGHT\nCopyright Complaints. The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your\nwork has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you\nshould notify the Company of your infringement claim in accordance with the procedure set forth below. The Company will process and\ninvestigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other\napplicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should\nbe emailed to the Company’s Copyright Agent at copyright@discord.com (Subject line: “DMCA Takedown Request”). You may also contact us\nby mail at: Discord, Attention: DMCA Takedown Request, 444 De Haro Street #200, San Francisco, CA 94107. To be effective, the notification\nmust be in writing and contain the following information:\nIf you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Services\nis infringing upon a copyright, you may be held liable for damages and attorneys’ fees.\nCounter-Notice. If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the\nauthorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in Your Content, you\nmay send a written counter-notice containing the following information to the Copyright Agent:\nan electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;\n•\na description of the copyrighted work or other intellectual property that you claim has been infringed;\n•\na description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;\n•\nyour address, telephone number, and email address;\n•\na statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its\nagent, or the law;\n•\na statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or\nintellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.\n•\n\nIf a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party\ninforming that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an\naction seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to\n14 business days or more after receipt of the counter-notice, at our sole discretion.\nRepeat Infringer Policy. In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate\ncircumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion\nlimit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not\nthere is any repeat infringement.\nTERMINATION\nYou may terminate your Account at any time and for any reason by deleting your account through the User Settings page in the application . The\nCompany may terminate your Account and your access to the Service (or, at the Company's sole option, applicable portions of the Service) at\nany time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as\nthe result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency\nand Virtual Goods, as applicable, and the Company is under no obligation to compensate you for any such loss.\nDISCLAIMER OF WARRANTY\nTHE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED \"AS IS\" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND,\nEITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A\nPARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE THE\nCOMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE\nSERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS,\nDISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.\nLIMITATION OF LIABILITY\nTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON\nFOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST\nDATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE\nSERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE\nCOMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE\nTHAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS\nIMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN\nTHESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME\nJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR\nCONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.\nIN THESE JURISDICTIONS, DISCORD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.\nyour physical or electronic signature;\n•\nidentification of the content that has been removed or to which access has been disabled and the location at which the content appeared\nbefore it was removed or disabled;\n•\na statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the\ncontent; and\n•\nyour name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within\nthe Northern District of California and a statement that you will accept service of process from the person who provided notification of the\nalleged infringement.\n•\n\nYou specifically acknowledge that the Company shall not be liable for user content, including without limitation Your Content, or the defamatory,\noffensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.\nINDEMNIFICATION\nYou agree to indemnify and hold the Company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses,\nincluding reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of\nthese Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party\nagreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As\nused in this section, \"you\" shall include anyone accessing the Service using your password\nVIRTUAL CURRENCIES, VIRTUAL GOODS, AND TERMS OF SALE\nWe will not charge you a fee to use the basic functionality of the Service, but fees may be charged for certain products and services. For\nadditional terms regarding our Nitro subscription service, please see the “Nitro Subscriptions” section below.\nThe Service may include an opportunity to obtain virtual currency (\"Virtual Currency\") or virtual goods (\"Virtual Goods\") that may require you to\npay a fee using legal tender (that is, \"real money\") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and\nis not refundable, exchangeable, transferable, except in the Company’s or the platform provider’s sole discretion. You may not purchase, sell, or\nexchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your Account with the\nService and/or legal action. The Company retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at\nits sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party\nfor the exercise of such rights. You shall have a limited, personal, non-transferable, non-sublicensable permission to use solely within the Service\nVirtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by the Company. You have no\nother right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.\nProduct Descriptions. We try to make the Service thorough, accurate, and helpful to our customers. Nonetheless, there may be times when\ncertain information contained on the Service may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware,\nsoftware, or other technology that you use. Discord reserves the right, with or without prior notice, to: change descriptions or references to\nproducts and/or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional\ncode or other similar promotions; and/or refuse to provide any visitor to, or use of the Service with any product or service.\nAvailability and Pricing. Though we try to honor all purchase requests, availability cannot always be guaranteed. When an item is not available\nand cannot be replenished — for example, if we offer a limited promotion — we will attempt to remove the item from the Service in a timely\nmanner but make no guarantees in this regard. We may occasionally make errors in the stated prices on the Service. If a product’s correct price is\nhigher than the listed price, we will either confirm that we’ll provide the item at the price listed or cancel your order and notify you of such\ncancellation.\nPayments. We accept major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from\ntime-to-time through our Service, as forms of payment (“Payment Method”). We may also offer you the ability to make orders through a third\nparty app store or other payment service. You agree to comply with their terms and any other requirements they may have. By submitting an\norder, you authorize Discord, or its designated payment processor, to charge the account you specify for the purchase amount.\nWe may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when\nyou attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without\nlimitation, the following: (i) if you attempt to use the Service in breach of any applicable law or regulation, including the card network rules or\nregulations; (ii) if you use the Service in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment;\n(iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses;\nor (v) failure to cooperate in an investigation or provide additional information when requested.\nRefunds. You can find our refund policy here: https://support.discord.com/hc/en-us/articles/360012668071\n\nTaxes. Stated prices may not include sales and use taxes. If they do not, you are responsible for the payment of such taxes related to your\npurchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.\nInternational Orders. You will be solely responsible for any license fees, customs duties, and other taxes and fees related to the export of the\nproducts from the United States.\nManufacturer EULAs and Other Terms. You may be required to accept an end user license agreement (EULA) or other terms provided by the\nmanufacturer prior to use of the product you ordered. A EULA or other terms may accompany the product you ordered.\nNITRO SUBSCRIPTIONS\nRecurring Billing. By purchasing a Nitro subscription, you authorize us to charge your Payment Method on a recurring (e.g., monthly or yearly)\nbasis for the applicable Nitro subscription charge, any and all taxes or possible transaction fees, and any other charges incurred in connection\nwith your use of the Nitro subscription service. Your payment to Discord will automatically renew at the end of your applicable subscription\nperiod, unless you cancel your subscription before the end of the current subscription period.\nPrice Changes. Discord may change the price for Nitro subscriptions from time to time, and will communicate any price changes to you in\nadvance and, if applicable, how to accept those changes. Price changes for Nitro subscriptions will take effect at the start of the next subscription\nperiod following the date of the price change. As permitted by local law, you accept the new price by continuing to use Nitro after the price\nchange takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from Nitro prior to the\nprice change going into effect. We don’t want to charge you for something you don’t want, though, so if you cancel within 14 days of any price\nincreases, we’ll provide you a refund.\nCancellation. You may cancel your Nitro subscription at any time, and you will continue to have access to Nitro through the end of the current\nsubscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees\nalready paid to us. At our sole discretion, however, we may provide a refund, discount, or other consideration to some or all of our members\n(\"credits\"). The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to\nprovide credits in the future, under any circumstance. To cancel, go to the \"User Settings\" screen in the Discord desktop or mobile app and follow\nthe instructions for cancellation.\nDISPUTE RESOLUTION\nTHIS SECTION AND THE NEXT SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT.\nPLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A\nLAWSUIT IN COURT.\nYou and Discord agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and\nenforcement of these arbitration provisions.\nMost disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice\nmust provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any\nsuch notice to Discord by email to disputes@discord.com and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107.\nThe parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another,\nand good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.\nNotwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or\nunauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not\napply to these types of disputes.\n\nBinding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration\nto be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in San Francisco, California.\nDiscord and you further agree to submit to the personal jurisdiction of any state or federal court in San Francisco, California to compel arbitration,\nstay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.\nThe arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated\n(referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between the JAMS Rules and the rules set\nforth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.\nYou may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.\nTo the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Discord will pay the additional cost. Discord shall also bear the\ncost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an\nimproper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation,\nattorney’s fees and expert witness costs unless Discord is specifically required to pay such fees under applicable law. The decision of the\narbitrator will be in writing and binding and conclusive on Discord and you, and judgment to enforce the decision may be entered by any court of\ncompetent jurisdiction. Discord and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary\njudgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a\ncourt, including injunctive or other equitable relief and attorney’s fees. Discord and you understand that, absent this mandatory arbitration\nprovision, Discord and you would have the right to sue in court and have a jury trial. Discord and you further understand that, in some instances,\nthe costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.\nIf Discord’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the\nparty bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person\nhearing under the JAMS Rules, solely based on documents submitted to the arbitrator.\nYou or Discord may choose to pursue a claim in small claims court where jurisdiction and venue over you and Discord otherwise qualifies for\nsuch small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim\nin small claims court, you agree to still provide Discord with advance notice by email to disputes@discord.com and by U.S. Mail to Discord Inc.,\n444 De Haro Street #200, San Francisco, CA 94107.\nOpt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision\nto opt out to Discord by email to arbitration-opt-out@discord.com. The notice must be sent within 90 days of this Terms of Service taking effect,\nor your account creation on the Service. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the\nterms of these paragraphs. If you opt out of the provisions requiring arbitration, Discord will not be bound by them either. If any clause within this\nArbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its\nprovisions will be given full force and effect.\nSurvival. This Arbitration section shall survive any termination of your account or the Service.\nCLASS WAIVER\nTHIS SECTION AND THE PREVIOUS SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT.\nPLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.\nDiscord and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or\nrepresentative proceeding.\nThe arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or\nrepresentative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact\nthe person or entity that brought the claim, not other Discord customers, and cannot be used to decide other disputes with other customers.\n\nIf any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for\nany reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be\nsubject to arbitration and must be litigated in federal court located in San Francisco, California.\nThis Class Action Waiver section shall survive any termination of your account or the Services.\nINTERNATIONAL USE; EXPORT CONTROLS\nSoftware available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No\nsoftware may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the\nsoftware is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of\nthe Service, including as it concerns online conduct and acceptable content.\nIOS APPLICATIONS\nThe following additional terms and conditions apply with respect to any App that the Company provides to you designed for use on an Apple\niOS-powered mobile device (an “iOS App”):\nGENERAL\nGoverning Law. By visiting or using the Service, you agree that the laws of the United States and the State of California, without regard to\nprinciples of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you\nand the Company.\nAny claim or dispute between you and the Company that arises out of or is related to the Service and is not subject to arbitration shall be decided\nexclusively by a court of competent jurisdiction located in San Francisco County, California, and you hereby consent to, and waive all defenses of\nlack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Francisco\nCounty, California.\nInjunctive and Other Equitable Relief. You acknowledge that the rights granted and obligations made to the Company under these Terms are of a\nunique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are\nYou acknowledge that these Terms are between you and Discord only, and not with Apple, Inc. (“Apple”).\n•\nYour use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.\n•\nThe Company, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that\nApple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by\napplicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.\n•\nYou agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or\nyour possession and/or use of our iOS App.\n•\nYou agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense,\nsettlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our\niOS App.\n•\nYou represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated\nby the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted\nparties.\n•\nYou agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your\nwireless data service terms of agreement when using the iOS App).\n•\nThe parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the\nCompany’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to\nenforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.\n•\n\ninadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or\nsurety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.\nEntire Agreement. These Terms constitute the entire agreement between you and the Company with respect to your use of the Service and any\nother subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by the Company. You also may\nbe subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party\nsoftware.\nWaiver. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or\nprovision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent\nbreach or default.\nSeverability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the\ncourt should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in\nfull force and effect.\nCourse of Conduct/Trade Practice. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.\nAssignment. These Terms may not be assigned by you without the Company's prior written consent, but are freely assignable by the Company.\nSubject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors\nand assigns.\nDocumentation of Compliance. Upon the Company's request, you will furnish the Company with any documentation, substantiation or releases\nnecessary to verify your compliance with these Terms.\nInterpretation. You agree that these Terms will not be construed against the Company by virtue of having drafted them.\nDefenses Based on Electronic Form of These Terms. You hereby waive any and all defenses you may have based on the electronic form of these\nTerms and the lack of signing by the parties hereto to execute these Terms.\nSurvival. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.\nContact. If you have any questions about these Terms, please contact privacy@discord.com.\nDiscord is made possible through the work of other open source software.\nIMAGINE A PLACE\nProduct\nDownload\nNitro\nStatus\nCompany\nAbout\nJobs\nBranding\nNewsroom\nEnglish, USA\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":-1,"explanation":"The ToS contains clauses stating that contract must be interpreted in favor of the company's intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}