Terms of Service (ToS) for iClean
1. Acceptance of Terms
By using iClean ("the Bot"), you agree to comply with and be bound by these Terms of Service ("ToS"). If you do not agree to these terms, you may not use the Bot.
2. Description of Service
iClean is a free Discord bot designed to assist server administrators in managing and maintaining their servers efficiently. The Bot offers various moderation and utility features to enhance the user experience within Discord servers. iClean aims to provide a safe, clean, and organized environment for your community by automating moderation tasks and offering useful utility commands.
3. Changes to Terms
We reserve the right to modify these ToS at any time. Any changes will be posted on this page, and it is your responsibility to review these ToS regularly. Continued use of the Bot after any such changes constitutes your acceptance of the new ToS.
4. User Conduct
You agree to use the Bot in accordance with all applicable laws and regulations. You must also adhere to Discord's Terms of Service, which can be found here (opens in a new tab). You agree not to engage in any of the following prohibited activities:
- Using the Bot for any illegal purpose or in violation of any local, state, national, or international law.
- Interfering with or disrupting the operation of the Bot or the servers or networks used to make the Bot available.
- Using the Bot to harm minors in any way, including but not limited to exposing them to inappropriate content.
- Impersonating any person or entity, including but not limited to any iClean representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Using the Bot to transmit any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable.
5. User Content
By using the Bot, you may submit content or suggestions. You grant iClean the right to use, modify, and distribute your content. While we may provide credit for your suggestions, this is not guaranteed and is at our discretion. You represent and warrant that you have all necessary rights to grant us such rights without infringing or violating any third-party rights.
6. Data Collection
The Bot collects the following information:
- Server settings configured by the server administrators
- Usernames and Discord IDs
This data is used solely for the purpose of providing and improving the Bot's services. We do not sell or share your data with third parties except as described in our Privacy Policy.
7. Contribution License
You and the Bot agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Bot, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Bot. You are solely responsible for your Contributions to the Bot and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Bot ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
9. Third-Party Websites and Content
The Bot may contain (or you may be sent via the Bot) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Bot or any Third-Party Content posted on, available through, or installed from the Bot, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Bot and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Bot or relating to any applications you use or install from the Bot. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
10. Bot Management
We reserve the right, but not the obligation, to: (1) monitor the Bot for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Bot or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Bot in a manner designed to protect our rights and property and to facilitate the proper functioning of the Bot.
11. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Bot, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Bot is hosted in California, United States. If you access the Bot from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in California, United States, then through your continued use of the Bot, you are transferring your data to California, United States, and you agree to have your data transferred to and processed in California, United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Bot as quickly as is reasonably practical.
12. Term and Termination
These Terms of Use shall remain in full force and effect while you use the Bot. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE BOT (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE BOT OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your access for any reason, you are prohibited from using a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Bot at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Bot. We also reserve the right to modify or discontinue all or part of the Bot without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Bot.
We cannot guarantee the Bot will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Bot, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Bot at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Bot during any downtime or discontinuance of the Bot. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Bot or to supply any corrections, updates, or releases in connection therewith.
14. Governing Law
These conditions are governed by and interpreted following the laws of California, United States, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. [Your Company Name] and yourself both agree to submit to the non-exclusive jurisdiction of the courts of California, United States, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in California, United States, or in the EU country in which you reside.
15. Corrections
There may be information on the Bot that contains typographical errors, inaccuracies, or omissions, including descriptions, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Bot at any time, without prior notice.
16. Disclaimer
THE BOT IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE BOT AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE BOT AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE BOT’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE BOT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BOT, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE BOT BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BOT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BOT, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE BOT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Bot; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Bot with whom you connected via the Bot. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
19. User Data
We will maintain certain data that you transmit to the Bot for the purpose of managing the performance of the Bot, as well as data relating to your use of the Bot. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Bot. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
20. Communications
By using the Bot, you agree to receive communications from us, including via email, text message, and calls. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your account or the use of the Bot, updates concerning new and existing features on the Bot, marketing information and promotions run by us, and news concerning the Bot and industry developments. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
21. Dispute Resolution
In the event of a dispute arising under or relating to this Agreement, the parties agree to first attempt to resolve the dispute with the help of a mutually agreed-upon mediator in California, United States. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to binding arbitration in California, United States, under the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
22. Severability
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
23. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
24. Entire Agreement
These Terms of Use constitute the entire agreement between you and us regarding the use of the Bot and supersede all prior and contemporaneous written or oral agreements, communications, or understandings between you and us relating to the subject matter hereof. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms of Use.
25. No Waiver
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
26. Headings
The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.
27. Notice
We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Bot. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Bot. In such case, notice will be deemed given three days after the date of mailing.
28. Contact Information
If you have any questions about these Terms of Service, please contact us at [Your Contact Information].
By using iClean, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.