Terms of Service

1. Definitions

For purposes of these Terms, the following definitions shall apply:

• “Operator” means Tony Pichardo, an individual operating the Service as a personal, non-commercial hobby project, and not as a registered business, corporation, or commercial enterprise.
• “Service” means collectively the toner Discord application (the “Bot”), the associated web-based administrative interface (the “Dashboard”), and all related software, features, content, and functionality made available by Operator.
• “User,” “you,” or “your” means any individual or entity that accesses or uses the Service, including without limitation Discord server owners, administrators, moderators, and end users.
• “Server” means any Discord guild to which the Bot has been invited or in which the Bot is otherwise active.
• “Third-Party Services” means platforms, APIs, and services not controlled by Operator, including without limitation Discord, Google/YouTube, Spotify, and hosting infrastructure providers.
• “User Content” means any audio, text, data, commands, configuration, or other material submitted to, transmitted through, or played via the Service.

2. Acceptance and Authority

These Terms constitute a binding legal agreement between you and Operator. Your assent to these Terms is manifested by any of the following conduct: (a) inviting or retaining the Bot within a Server; (b) executing Bot commands or otherwise interacting with the Bot; (c) authenticating to or accessing the Dashboard; or (d) continuing to use the Service following notice of any amendment hereto.

If you access or use the Service on behalf of a corporation, partnership, association, or other legal entity (including a Discord Server operated in an organizational capacity), you hereby represent and warrant that you possess full legal authority to bind such entity to these Terms, and all references to “you” shall include such entity.

3. Personal Project; No Fees

You acknowledge and agree that the Service is provided voluntarily, for recreational and community purposes only, without expectation of profit. Operator makes no guarantee of continued availability, support, uptime, feature development, or response times.

Access to the Bot and Dashboard is gratuitous. Operator does not charge subscription fees, processing fees, tips, or any other consideration for use of the Service, and nothing in these Terms shall be construed to create a paid product, commercial service agreement, or consumer transaction. Any hosting, infrastructure, or third-party API costs incurred by Operator are borne solely by Operator.

Because no monetary consideration is exchanged, you acknowledge that your remedies are limited as set forth herein, and that Operator’s obligations consist only of providing the Service on a best-effort basis while it remains online.

4. Scope of Service

Subject to these Terms and solely at Operator’s discretion, the Service may provide functionality including, without limitation: voice-channel audio playback and queue management; metadata retrieval and integration with Third-Party Services; experience points, leveling systems, and leaderboards; automated welcome and onboarding features; playlist storage and management; and read-only or administrative visibility into Server-related metrics via the Dashboard.

Operator expressly reserves the right, in its sole and absolute discretion, to modify, suspend, discontinue, or otherwise alter any aspect of the Service, whether in whole or in part, at any time and without prior notice or liability to you.

5. Eligibility; Compliance with Discord Policies

Access to and use of the Service is conditioned upon your ongoing compliance with all applicable laws, rules, and regulations, including Discord Inc.’s Terms of Service, Community Guidelines, and Developer Policy, each as amended from time to time (collectively, the “Discord Policies”).

You represent that you are at least thirteen (13) years of age, or the minimum age of digital consent in your jurisdiction, whichever is greater. Users under the age of majority in their jurisdiction shall use the Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

6. Third-Party Services and Disclaimer of Affiliation

The Service is dependent upon Third-Party Services and is not operated by Discord Inc., Google LLC, Spotify AB, or any other third party. Operator is not affiliated with, endorsed by, sponsored by, or acting as agent for any such third party unless expressly stated in writing.

Your use of Third-Party Services is governed solely by the applicable third-party terms and privacy policies. Operator shall bear no responsibility or liability whatsoever for any interruption, modification, suspension, termination, API restriction, rate limiting, enforcement action, or other conduct attributable to any Third-Party Service.

7. Acceptable Use; Prohibited Conduct

You covenant and agree that you shall not, and shall not permit any third party to:

• use the Service in violation of any applicable statute, regulation, ordinance, or judicial order;
• infringe, misappropriate, or otherwise violate any intellectual property, proprietary, privacy, publicity, or contractual right of any person or entity;
• engage in harassment, threats, hate speech, exploitation, or conduct that is harmful, abusive, or unlawful;
• introduce viruses, malicious code, automated scraping mechanisms, denial-of-service attacks, or other disruptive technologies;
• attempt to gain unauthorized access to the Service, Operator systems, Discord infrastructure, or any account, Server, or data not expressly authorized to you;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service, except to the extent such restriction is prohibited by applicable law;
• circumvent authentication, permission, rate-limiting, or other security or access controls;
• use the Service to publicly perform, reproduce, distribute, or commercially exploit copyrighted audio or other protected works without all requisite licenses and permissions.

Server owners and administrators acknowledge and agree that they bear primary responsibility for Bot configuration, channel permissions, moderation practices, and all User Content transmitted within their respective Servers.

8. Intellectual Property; Copyright Compliance

Operator does not claim ownership of User Content or third-party audio, audiovisual, textual, or other materials accessed through the Service. Operator grants no license, express or implied, to any copyrighted or proprietary material obtained via Third-Party Services.

YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT OPERATOR, ARE SOLELY RESPONSIBLE FOR ENSURING THAT ALL AUDIO AND OTHER CONTENT PLAYED, QUEUED, OR OTHERWISE UTILIZED THROUGH THE SERVICE COMPLIES WITH APPLICABLE COPYRIGHT, NEIGHBORING RIGHTS, PERFORMING RIGHTS, AND PLATFORM USAGE OBLIGATIONS. Operator makes no representation or warranty that any particular use of the Service is lawful in your jurisdiction or for your intended purpose.

Operator reserves the right, but assumes no obligation, to investigate and respond to allegations of infringement, including pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) or analogous legislation in other jurisdictions. Operator may, in its sole discretion, restrict, disable, or terminate access to the Service or any feature thereof upon receipt of a valid notice of claimed infringement or upon determination that continued provision of the Service would expose Operator to legal or platform risk.

9. Dashboard Access and Account Security

Access to the Dashboard is limited to individuals who successfully authenticate via Discord OAuth and who possess appropriate administrative permissions within applicable Servers, including without limitation the “Manage Server” permission or its functional equivalent.

You are solely responsible for safeguarding your Discord credentials and for all activity occurring under your authenticated Dashboard session, whether authorized by you or not. Operator shall not be liable for any loss or damage arising from unauthorized access attributable to your failure to maintain adequate account security.

10. Data Processing

In connection with operation of the Service, Operator may collect, store, and process certain information, including Discord user identifiers, usernames, Server identifiers, message activity utilized for experience and ranking systems, playlist metadata, Server configuration parameters, and OAuth authentication tokens or session identifiers.

Such information is processed solely for the purpose of providing, maintaining, and improving the Service. Operator does not sell personal information. Data may be persisted in local or hosted storage systems, including without limitation SQLite database files maintained on infrastructure under Operator’s control.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OPERATOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, OPERATOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT AUDIO PLAYBACK, QUEUE MANAGEMENT, EXPERIENCE TRACKING, OR ANY OTHER FUNCTIONALITY WILL OPERATE WITHOUT FAILURE; OR THAT DEFECTS WILL BE CORRECTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPERATOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPERATOR’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED FIFTY UNITED STATES DOLLARS (US $50.00). BECAUSE THE SERVICE IS PROVIDED FREE OF CHARGE, YOU ACKNOWLEDGE THAT NO FEES HAVE BEEN OR WILL BE PAID TO OPERATOR FOR ACCESS THERETO, AND THAT THIS LIMITATION REFLECTS THE NON-COMMERCIAL, PERSONAL NATURE OF THE SERVICE.

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless Operator and its officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your access to or use of the Service; (b) User Content played, submitted, or transmitted through the Service; (c) your breach of these Terms or the Discord Policies; (d) your violation of any applicable law or third-party right; or (e) any dispute between you and any third party in connection with the Service.

Operator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with Operator in asserting any available defenses.

14. Suspension; Termination

Operator may, in its sole discretion and without prior notice or liability, suspend, restrict, or terminate your access to the Service, or cease providing the Service in whole or in part, at any time and for any reason or no reason, including without limitation suspected violation of these Terms, legal or regulatory requirement, Third-Party Service restriction, operational impracticability, loss of interest, or the voluntary discontinuation of this personal project.

You may terminate your use of the Service at any time by removing the Bot from all Servers and discontinuing Dashboard access. Sections intended by their nature to survive termination shall so survive, including without limitation Sections 8, 11, 12, 13, 15, 16, and 17.

15. Amendments

Operator reserves the right to revise, modify, or replace these Terms at any time by posting updated Terms and revising the “Last Revised” date set forth above. Material changes shall become effective upon posting unless otherwise required by applicable law. Your continued use of the Service following the effective date of any amendment constitutes your binding acceptance of the revised Terms.

16. Governing Law; Venue; Dispute Resolution

These Terms and any dispute, claim, or controversy arising out of or relating thereto or to the Service shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflict-of-laws principles.

You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of New Jersey for the resolution of any dispute not subject to mandatory arbitration under applicable law, and waive any objection based on inconvenient forum or lack of personal jurisdiction to the extent permitted by law.

17. Miscellaneous

Entire Agreement. These Terms constitute the entire agreement between you and Operator concerning the Service and supersede all prior or contemporaneous understandings, whether written or oral.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it valid and enforceable.

No Waiver. Operator’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms or any rights hereunder without Operator’s prior written consent. Operator may assign these Terms without restriction.

Force Majeure. Operator shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, labor disputes, governmental action, internet or telecommunications failures, or Third-Party Service outages.

18. Notices

All inquiries, legal notices, and copyright communications relating to these Terms or the Service shall be directed to Operator at tony@tonypichardo.com.