Terms of Service Agreement

This Terms of Service Agreement (the "Agreement") is entered into between Chat Rewards ("Bot Owner") and the user ("User") of the Chat Rewards Discord bot (the "Bot") and/or the website located at https://chatrewards.xyz (the "Website").

By accessing or using the Bot or Website, the User agrees to be bound by the terms of this Agreement. If the User does not agree, they must immediately discontinue use of the Bot and Website.

1. Use of the Bot and Website

The Bot Owner grants the User a non-exclusive, non-transferable, limited license to use the Bot and access the Website for personal, non-commercial purposes, in accordance with this Agreement. Users are responsible for all activity under their account.

2. Prohibited Use

The User agrees not to use the Bot or Website in any way that violates applicable laws, infringes on third-party rights, or is otherwise prohibited. Prohibited actions include, but are not limited to:

• Abusing, disrupting, or attempting to damage the Bot, Website, or related services.
• Accessing or attempting to access data or areas without permission.
• Bypassing security measures or restrictions.
• Using the service in violation of Discord Terms of Service or Discord Community Guidelines.
• Commercial use without prior written consent from the Bot Owner.

Users agree to comply with Discord's Terms of Service and Community Guidelines at all times when using the Bot or Website. The Bot Owner is not responsible for violations of Discord's rules by the User.

3. User-Submitted Content

Users may submit text or messages to be displayed through the Bot. By submitting content, Users grant the Bot Owner a worldwide, non-exclusive, royalty-free license to use, modify, display, and store that content. Users are solely responsible for the content they submit and must ensure it does not violate any laws or rights of others.

Examples of prohibited content include:

• Harassment, threats, or hate speech.
• Spam or misleading information.
• Material that infringes intellectual property rights.

4. Modifications to the Bot and Website

The Bot Owner reserves the right to modify, suspend, or discontinue the Bot or Website, in whole or in part, at any time without notice. The User agrees that the Bot Owner is not liable for any modification, suspension, or discontinuation.

5. Premium & Whitelabel Subscription

Chat Rewards offers a Premium subscription that includes additional features beyond the Free plan.

• Payments are processed through our chosen provider (e.g., Patreon) and are subject to the provider's terms.
• Users may request a full refund within 3 days of the first payment if dissatisfied with Premium features. Refunds must be requested through our support server.
• Users are responsible for managing subscription cancellations to avoid unwanted charges.
• Premium features, availability, or content may change at any time. The Bot Owner is not liable for dissatisfaction or losses arising from such changes.

Whitelabel:

• Includes all features and perks of the Premium subscription.
• Allows Users to modify the Bot's name, profile picture, and other display attributes within their own Discord server where Whitelabel is active.
• Changes are purely cosmetic and only affect the Bot's appearance in the specific server; they do not alter the Bot itself or its functionality elsewhere.
• The Bot Owner retains full control over the underlying Bot at all times.
• Users acknowledge that these modifications do not constitute ownership or rights over the Bot.
• Whenever the term "Premium" is used in this Agreement, it refers to both Premium and Whitelabel features.

All Premium features are provided "as-is" and without warranty. The Bot Owner does not guarantee uninterrupted access or specific results from Premium.

6. Custom Tier (Custom Development)

The Bot Owner may offer a Custom Tier ("Custom") under which the User may request that particular features or integrations be prioritized for development. Purchasing Custom is a priority placement service only and does not convey ownership, exclusivity, or any greater rights to the delivered functionality beyond a limited license expressly granted herein.

• Priority Placement, Not Ownership: Payment for Custom provides prioritized consideration in the Bot Owner's development queue. Unless expressly agreed in writing, Custom features are non-exclusive and the Bot Owner may make any features developed under Custom generally available to other users.
• Scope & Written Agreement: All Custom work requires a written statement of work ("SOW") or similar written agreement that specifies scope, deliverables, acceptance criteria, timeline, and payment terms. The Bot Owner is not obligated to commence work or meet any timeline until a mutually executed SOW is in place. If payment is received without an executed SOW, the Bot Owner may delay commencement, limit initial deliverables, or require execution of an SOW before proceeding.
• Discretion to Modify or Defer: While the Bot Owner will use commercially reasonable efforts to adhere to mutually agreed timelines and specifications, the Bot Owner reserves the right to modify, defer, or re-prioritize Custom work for technical, security, or business reasons. Any such modifications will be communicated to the User and may be subject to a change order.
• No Refunds: Fees paid for Custom work are non-refundable except as required by applicable law. The User acknowledges and agrees that Custom development fees are final.
• Acceptance & Change Orders: Delivered work shall be subject to acceptance testing as set forth in the SOW. Changes outside the agreed scope may be treated as change orders and may incur additional charges and revised timelines.
• Intellectual Property & License: Unless otherwise specified in a separate written agreement, the Bot Owner retains all right, title, and interest in and to the underlying code, designs, and any intellectual property developed in connection with Custom work. The User is granted a limited, non-exclusive, non-transferable license to use the delivered functionality in accordance with this Agreement and the SOW. The User expressly acknowledges that payment for Custom does not transfer ownership of the Bot, Website, or underlying intellectual property.
• Confidentiality: The parties may enter a separate confidentiality or non-disclosure agreement where appropriate. Absent a signed confidentiality agreement, the Bot Owner is not obligated to treat information as confidential beyond the protections afforded by applicable law.
• Maintenance & Support: Ongoing maintenance, support, or updates for Custom features, if any, will be governed by the SOW or a separate support agreement and may incur additional fees.
• Taxes & Payment: Payment terms, invoicing, and tax responsibilities for Custom work will be set out in the applicable order or invoice. The User is responsible for any taxes, duties, or other governmental charges associated with the purchase of Custom services.
• Limitation of Liability: To the fullest extent permitted by applicable law, the Bot Owner's liability for Custom work is subject to the limitations and exclusions set forth in Section 8 (Limitation of Liability) of this Agreement.

7. Intellectual Property

All intellectual property rights in the Bot, Website, and related content are owned by the Bot Owner or licensors. Users may not copy, modify, reproduce, or distribute any content without express written permission.

8. Limitation of Liability

The Bot Owner is not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the Bot or Website, including loss of profits, data, or other intangible losses, even if advised of the possibility. Use of the Bot and Website is at the User's sole risk.

9. Warranties

The Bot and Website are provided "as-is" and "as-available," without any warranty of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Bot Owner does not guarantee uninterrupted or error-free service.

10. Indemnification

The User agrees to indemnify, defend, and hold harmless the Bot Owner, its affiliates, and their officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of the User's use of the Bot or Website, violation of this Agreement, or infringement of third-party rights.

11. Termination

The Bot Owner may terminate or suspend access to the Bot or Website for any reason, including violation of this Agreement, without notice. Upon termination, Users must cease all use of the Bot and Website. Termination does not limit other legal remedies available to the Bot Owner.

12. Governing Law and Dispute Resolution

This Agreement is governed by applicable international laws. Any dispute arising under or relating to this Agreement shall be resolved through binding arbitration administered by a neutral arbitration provider chosen by the Bot Owner. Arbitration may be conducted online or in a mutually agreed location. Users agree to the jurisdiction and enforcement of the arbitration provider.

13. Privacy Policy

By using the Bot and Website, Users consent to the collection, storage, and processing of information as described in the Privacy Policy. Users should review the Privacy Policy to understand their rights.

14. Severability

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between the User and the Bot Owner regarding the use of the Bot and Website. It supersedes all prior agreements or understandings, whether written or oral.

By using the Bot and Website, the User acknowledges that they have read, understood, and agree to be bound by this Agreement.