Terms of Service

These terms are applicable to the use of the service.

We may update these terms at any time. If we make substantial changes to these terms, we will update the date at the bottom of these terms and post a notice on the Discord server.

You agree to be bound by these terms by signing up to the website and checking the box indicating your acceptance of these terms. To withdraw your acceptance of these terms, you must request that your account be deleted.

Definitions

  • "we", "our", "us" refers to the entity operating the service, as listed in the imprint.
  • "service", or "website" refers to makecord.com, and any other product created by us.
  • "Terms of Service", or "terms" refers to these Terms of Service.
  • "Discord server" refers to Makecord's server on Discord, accessible here.

Account

If you are under the age of 13, or such higher age as may be required in your jurisdiction, you may not use the service. If you are not of legal age to form a binding contract in your jurisdiction, you represent that your legal guardian has reviewed and agrees to these terms on your behalf.

You must be a human. Accounts registered by automated means are not permitted.

The e-mail address associated with your Discord account that you use to sign up must be valid and verified with Discord.

It is your responsibility to keep your account secure. We are not liable for any loss or damage resulting from your failure to maintain this security. You are responsible for any activity that happens under your account.

Content

All content on the website (other than your content) is owned by or licensed to us and is protected by copyright laws. You may not distribute, reproduce or commercially exploit this content without our express written consent.

If you provide us with any feedback, comments, suggestions, or ideas, you irrevocably grant us the right to use and incorporate such feedback in any way, without payment or attribution to you.

You are responsible for the content that you make available on or through the service, including its legality, reliability, and appropriateness. You may not make available content to the service in violation of the usage restrictions.

By making content available to the service, you irrevocably grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content, on or off the service. Except for our limited right to your content, you retain all of your rights to the content you make available on or through the service.

Your content is treated in accordance with the terms set forth in the privacy policy.

Copyright notices

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the service, please notify us in writing using the contact information listed in the imprint.

Data security

We take privacy and security measures reasonably adequate to preserve your data's confidentiality and security.

Discord bot tokens are encrypted during transit and at rest.

Usage restrictions

You may not make available on or through the service, or enable any other person or entity to make available, any of the following:

  • Content that infringes or violates any patent, trademark, trade secret, copyright, right of privacy, right of publicity or any other intellectual or other right of any party;
  • Content that is illegal, unlawful, or that would otherwise give rise to liability;
  • Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
  • Content that violates Discord's Terms of Service, the Discord Community Guidelines, the Discord Developer Terms of Service, or the Discord Developer Policy;
  • Mass or repeated advertising, political campaigning or commercial messages directed at users who do not follow you;
  • Private information of any third party; and
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code.

You may not, or enable any other person or entity to, do any of the following, in connection with the service or its users:

  • Attempt to deceive us or other users by impersonating as or acting on behalf of any other person or entity;
  • Circumvent or attempt to circumvent any security measures, rate limits or other features designed to protect the service, or its users;
  • Commercialize the service, in part or in whole, with the exception of commercializing finished products (i.e., Discord bots) made with the service.
  • Harvest or otherwise collect information about other users without their permission;
  • Harass or threaten us, any parties associated with us, or other users; and
  • Use the service in any manner that could interfere with, disrupt, adversely affect or inhibit any user from properly using the service properly, or that could damage, disable, overburden or impair the functioning of the service.

Cancellation and termination

You may request that your account be closed by contacting us. Your account and all associated data will be deleted within one month of receipt of your request.

We reserve the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. We also reserve the right to refuse to provide the service to anyone for any reason at any time.

Payments

There is no free trial for the premium offering. If you decide to upgrade from the free service, you will be billed immediately and begin a monthly billing cycle.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the merchant of record for all our orders. Paddle provides all customer service inquiries and handles returns.

You can cancel your subscription at any time and will not be charged for the next billing cycle. You will lose access to the features provided by your subscription, which may affect the functionality of the service.

Payments are subject to our refund policy.

Modifications to the service and pricing

We reserve the right to change or discontinue the service, in whole or in part, at any time, with or without notice.

We reserve the right to change the pricing structure. If we decide to change the pricing structure for you, we will give you at least 30 days' notice by sending an e-mail to the e-mail address associated with your Discord account.

Service availability and support

Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis.

We cannot guarantee that the service will meet your specific requirements or expectations, that the service is free of bugs or errors, or that the service will be available at all times. We may experience hardware, software, or other problems, or we may need to perform maintenance related to the website or the service resulting in interruptions, delays, or errors.

The service may also be unavailable for reasons beyond our control, such as force majeure.

Technical support is provided via e-mail and on the Discord server on a reasonable efforts basis. There is no guaranteed response time. We may access your data to provide technical support and to maintain and secure the service.

Liability

We are not liable to you or to any third party for damages of any kind that result from the use of the service, inability to access data, or unauthorized access of your data or account. We are also not liable for damages of any kind related to actions of any third party that uses the service, or any other consequences related to these terms.

Indemnification

You agree to indemnify and hold us, and any parties associated with us, harmless from any claims, demands, actions, proceedings, liabilities (including liabilities to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

  • Your use of the service;
  • Your connection to the service;
  • Your breach of any of these terms;
  • Your violation of any rights of another person or entity; or
  • Your breach of any law.

Governing law

These terms shall be governed by the laws of Switzerland, and the courts of Switzerland shall have exclusive jurisdiction to hear and determine all issues that may arise under or in relation to this agreement.

Miscellaneous

You hereby waive any and all defenses you may have based on the electronic form of these terms and the lack of signing by the parties hereto to execute these terms.

You agree that these terms will not be construed against us by virtue of having drafted them.

If any provision or part of a provision of these is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and does not affect the validity and enforceability of any remaining provisions.


Questions or comments about these terms may be directed to us at the contact information listed in the imprint.

Last updated: 25.07.2024