1. INTRODUCTION AND ACCEPTANCE
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Nexi Bot LTD ("Company," "we," "us," or "our"), a company incorporated in England and Wales under company number 16502958.
By accessing, installing, inviting, or using our Discord bot services ("Service," "Bot," or "Nexi Bot"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.
2. DEFINITIONS
- "Service" means the Nexi Bot Discord application and all related features, functionalities, and services provided by the Company.
- "Discord" means Discord Inc. and their communication platform and services.
- "Server" means a Discord server/guild where the Bot is installed or invited.
- "User" means any individual who interacts with, uses, or accesses the Bot.
- "Server Owner" means the individual with administrative control over a Discord server.
- "Premium Service" means paid subscription features and services offered by the Company.
- "Content" means any data, text, graphics, images, music, software, audio, video, information, or other materials.
3. ELIGIBILITY AND AGE REQUIREMENTS
3.1 Minimum Age
You must be at least 13 years old to use our Service.
3.2 Discord Terms Compliance
You must comply with Discord's Terms of Service and Community Guidelines. Violation of Discord's terms may result in termination of your access to our Service.
3.3 Legal Capacity
You represent that you have the legal capacity to enter into these Terms or, if you are a minor, that you have obtained proper parental or guardian consent.
4. SERVICE DESCRIPTION
4.1 Bot Functionality
Nexi Bot provides Discord server management, moderation, entertainment, and utility features including but not limited to:
- Server moderation tools
- User management features
- Entertainment commands and games
- Utility functions and integrations
- Custom server configurations
- Premium features and enhancements
4.2 Service Availability
We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.
4.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.
5. USER ACCOUNTS AND REGISTRATION
5.1 Discord Integration
Our Service integrates with Discord's platform. You must have a valid Discord account to use our Service.
5.2 Server Authorization
To add the Bot to a Discord server, you must have the "Manage Server" permission or equivalent administrative rights.
5.3 Account Security
You are responsible for maintaining the security of your Discord account and any associated premium accounts with our Service.
6. ACCEPTABLE USE POLICY
6.1 Permitted Uses
You may use the Service for legitimate Discord server management and enhancement purposes in compliance with these Terms and Discord's policies.
6.2 Prohibited Activities
You must not use the Service to:
Illegal Activities:
- Engage in any illegal activities or violate any applicable laws
- Facilitate or promote illegal activities
- Share or distribute illegal content
Harmful Content:
- Post, share, or distribute hate speech, harassment, or discriminatory content
- Share violent, graphic, or disturbing content
- Distribute sexually explicit content involving minors
- Engage in doxxing or sharing personal information without consent
Platform Abuse:
- Attempt to circumvent Discord's or our Service's security measures
- Use automated tools to spam or flood servers
- Attempt to hack, exploit, or gain unauthorized access to systems
- Reverse engineer or attempt to extract source code
Service Disruption:
- Interfere with the normal operation of the Service
- Overload our systems with excessive requests
- Attempt to crash or destabilize the Bot or servers
Commercial Misuse:
- Use the Service for unauthorized commercial purposes
- Resell or redistribute our Service without permission
- Use the Service to compete directly with our business
6.3 Content Responsibility
You are solely responsible for all content you input, share, or generate through the Service.
7. PREMIUM SERVICES AND BILLING
7.1 Premium Features
Premium Services include enhanced functionality, increased limits, priority support, and exclusive features as described on our website.
7.2 Subscription Terms
- Premium subscriptions are billed on a recurring basis (monthly or annually)
- Subscription fees are charged in advance
- All fees are non-refundable except as required by law
- Prices may change with 30 days' notice
7.3 Payment Processing
- Payments are processed through Stripe
- You must provide accurate billing information
- We do not store your payment card details
- Failed payments may result in service suspension
7.4 Cancellation
- You may cancel your subscription at any time through our website
- Cancellation takes effect at the end of the current billing period
- No refunds are provided for partial periods
7.5 Refund Policy
7.5.1 General Refund Conditions
Refunds are generally not provided except in the following circumstances:
Mandatory Refunds:
- Where required by applicable consumer protection laws
- In cases of billing errors or duplicate charges
- Where we fail to provide the Service due to our breach of contract
Service Disruption Refunds:
- If the Service is offline or substantially non-functional for more than 72 consecutive hours due to causes within our control, you may be entitled to a pro-rated refund for the affected period
- If the Service experiences more than 15% downtime in any calendar month due to causes within our control, you may be entitled to a pro-rated credit or refund for that month
- Service disruptions caused by Discord platform issues, third-party service failures, DDoS attacks, or other causes beyond our reasonable control do not qualify for refunds
Discretionary Refunds:
- At our sole discretion for exceptional circumstances
- Where we determine the Service has not met reasonable performance standards
- In cases of documented technical issues that prevent normal Service usage
7.5.2 Refund Exclusions
Refunds will not be provided for:
- Service interruptions lasting less than 72 hours
- Downtime caused by scheduled maintenance (with reasonable advance notice)
- Issues arising from Discord platform changes or limitations
- Third-party service failures (including but not limited to hosting providers, CDNs, or payment processors)
- Force majeure events including natural disasters, cyber attacks, or infrastructure failures beyond our control
- User-caused issues including improper bot configuration or server permission problems
- Violation of these Terms resulting in service termination
7.5.3 Service Level Expectations
While we do not guarantee 100% uptime, we target:
- 99.5% monthly uptime for Premium Services
- 95% monthly uptime for Free Services
- Maximum 72-hour response time for critical service restoration
7.5.4 Refund Process
To request a refund:
- Contact our support team within 30 days of the incident or billing issue
- Provide detailed information about the service disruption or billing error
- Allow us reasonable time (up to 14 business days) to investigate and respond
- Approved refunds will be processed through the original payment method within 10 business days
7.5.5 Partial Refunds and Credits
- Pro-rated refunds are calculated based on the actual days of service disruption
- We may offer service credits instead of monetary refunds at our discretion
- Credits do not expire but cannot be transferred or exchanged for cash
8. INTELLECTUAL PROPERTY RIGHTS
8.6 Service Level Agreement (SLA)
8.6.1 Uptime Commitment
We commit to maintaining reasonable service availability while acknowledging that no online service can guarantee 100% uptime. Our target service levels are:
Premium Services:
- Target: 99.5% monthly uptime
- Maximum planned maintenance: 4 hours per month (with 48 hours advance notice)
- Critical issue response time: Within 4 hours
Free Services:
- Target: 95% monthly uptime
- Planned maintenance: As needed (with reasonable advance notice)
- Issue response time: Within 24 hours during business days
8.6.2 Service Interruption Classifications
Planned Maintenance:
- Scheduled updates and improvements
- Infrastructure upgrades
- Security patches and system maintenance
- Notice provided at least 48 hours in advance where possible
Unplanned Outages:
- System failures within our control
- Server hardware issues
- Database connectivity problems
- Software bugs causing service disruption
External Factors (Not Covered by SLA):
- Discord platform outages or API changes
- Third-party service provider failures
- Internet infrastructure problems
- DDoS attacks or security incidents
- Natural disasters or force majeure events
8.6.3 Outage Compensation
If we fail to meet our uptime targets due to issues within our control:
For Premium Users:
- 72+ hours consecutive downtime: Full month refund eligibility
- 24-72 hours consecutive downtime: 25% monthly refund or credit
- Multiple shorter outages exceeding 15% monthly downtime: Pro-rated credit
For Free Users:
- Extended outages may result in service credits for future premium upgrades
- No monetary compensation for free service interruptions
The Service, including all code, features, functionality, and design elements, is owned by Nexi Bot LTD and protected by copyright, trademark, and other intellectual property laws.
8.2 License Grant
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.
8.3 User Content
You retain ownership of content you create or submit through the Service. By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and display such content as necessary to provide the Service.
8.4 Trademark Usage
You may not use our trademarks, logos, or branding without our express written consent.
9. DATA PROTECTION AND PRIVACY
9.1 Data Collection
We collect and process personal data as described in our Privacy Policy, which is incorporated into these Terms by reference.
9.2 Data Usage
We use collected data to:
- Provide and improve the Service
- Process payments and manage subscriptions
- Provide customer support
- Comply with legal obligations
9.3 Data Storage
- Server configuration data and IDs are stored in our MariaDB database
- Data is accessible through our website interface
- We implement appropriate security measures to protect your data
9.4 Data Retention
We retain data as outlined in our Privacy Policy and as required by law.
10. DISCLAIMERS AND WARRANTIES
10.1 Service Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 No Guarantee of Availability
We do not guarantee that the Service will be available at all times or free from interruptions, errors, or security vulnerabilities.
10.3 Third-Party Services
The Service integrates with Discord and other third-party platforms. We are not responsible for the availability, functionality, or policies of these third-party services.
10.4 User Content
We do not endorse, verify, or take responsibility for user-generated content accessed through the Service.
11. LIMITATION OF LIABILITY
11.1 Limitation Scope
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXI BOT LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.
11.2 Maximum Liability
Our total liability to you for all claims arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.
11.3 Essential Purpose
These limitations apply even if the limited remedies fail of their essential purpose.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nexi Bot LTD, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of applicable laws
13. TERMINATION
13.1 Termination by User
You may terminate your use of the Service at any time by removing the Bot from your servers and canceling any premium subscriptions.
13.2 Termination by Us
We may terminate or suspend your access to the Service immediately, without notice, for:
- Violation of these Terms
- Violation of Discord's Terms of Service
- Illegal activities
- Abuse of the Service
- Non-payment of fees
13.3 Effect of Termination
Upon termination:
- Your right to use the Service ceases immediately
- Premium features will be disabled
- We may delete your data in accordance with our Privacy Policy
- Sections of these Terms that should survive termination will remain in effect
14. DISPUTE RESOLUTION
14.1 Governing Law
These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.
14.2 Jurisdiction
Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14.3 Dispute Process
Before filing any legal action, you agree to first contact us to attempt to resolve the dispute informally.
15. FORCE MAJEURE
We shall not be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other similar causes beyond our reasonable control.
16. COMPLIANCE WITH LAWS
16.1 Legal Compliance
You must comply with all applicable local, national, and international laws when using the Service.
16.2 Export Controls
The Service may be subject to export control laws. You agree to comply with all applicable export and import laws.
16.3 Regulatory Compliance
We comply with applicable UK data protection laws, consumer protection regulations, and other relevant legal requirements.
17. MODIFICATION OF TERMS
17.1 Right to Modify
We reserve the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms on our website.
17.2 Notice of Changes
For material changes, we will provide notice through:
- Email notification (where contact information is available)
- Discord server announcements
- Website notifications
- In-service notifications
17.3 Continued Use
Your continued use of the Service after changes constitute acceptance of the modified Terms.
18. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.
19. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nexi Bot LTD regarding the Service and supersede all prior agreements and understandings.
20. ASSIGNMENT
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
21. WAIVER
Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
22. CONTACT INFORMATION
For questions about these Terms or the Service:
General Inquiries: Email: [email protected]
Website: https://nexibot.uk
Address: 80A Ruskin Avenue, Welling, London, DA16 3QQ
Discord Community: https://discord.gg/nexibot
23. SPECIAL PROVISIONS
23.1 Discord Developer Terms
Our Service operates under Discord's Developer Terms of Service and API Terms. Users acknowledge that Discord's terms also apply to interactions with our Bot.
23.2 Service Interruptions
We will make reasonable efforts to provide advance notice of planned maintenance but may need to interrupt service for emergency maintenance without notice.
23.3 Data Backup
While we implement reasonable backup procedures, users are responsible for maintaining their own backups of critical server configurations and data.
23.4 Beta Features
Some features may be offered in beta or experimental status. Beta features are provided "as is" with additional disclaimers and may be discontinued without notice.
23.5 Community Guidelines
Users are expected to maintain respectful interactions within any official Nexi Bot communities and support channels.
24. ACKNOWLEDGMENT
By using the Service, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. If you do not agree to these Terms, you must not use the Service.
Document Version: 1.0
Effective Date: 05/07/2025
Next Review Date: 05/07/2026
Company: Nexi Bot LTD (Registration: 16502958)
ICO Registration: ZB910034