Terms of Service

1. Agreement to Terms

By inviting Kelly to a Discord server, logging into the website, or otherwise using the Service, you agree to be bound by these Terms of Service, the Privacy Policy, and Discord's Terms of Service. If you do not agree, do not use the Service. We may update these terms from time to time; the date at the top of this page reflects the current version, and continued use after an update constitutes acceptance of the revised terms.

2. Definitions

"Service" means the Kelly Discord bot, its website, and any related functionality or documentation. "We", "us" and "our" mean the Kelly team. "You" and "your" mean the person or entity using the Service. "Server" means a Discord guild in which the bot is installed. "Content" means messages, embeds, roles, channels, settings and other data processed through the Service.

3. Description of the Service

Kelly provides moderation, levels, music, logging and community tools through Discord. Features are provided on a rolling basis. We may add, change, deprecate or remove functionality at any time, with or without notice, and are not obligated to maintain specific features or backward compatibility.

4. Accounts and Login

Certain website features require login through Discord OAuth. You are responsible for maintaining the confidentiality of your Discord credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use. We are not liable for losses arising from unauthorized use of your account.

5. Eligibility

You must be at least 13 years old to use the Service, consistent with Discord's minimum age requirements. By using the Service you represent that you meet this requirement and that you have authority to bind the entity on whose behalf you act, if any.

6. License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes, subject to these terms. You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or create derivative works of the Service, except as permitted by applicable law.

7. Acceptable Use

You agree not to use the Service to:

(a) violate any applicable law or regulation, or Discord's Terms of Service; (b) harass, abuse, threaten, defame, or discriminate against any person or group; (c) transmit malware, or attempt to gain unauthorized access to the Service, its infrastructure, or other users' accounts; (d) interfere with or disrupt the Service, including through automated means such as scripts or scrapers; (e) use the Service to operate scams, phishing, spam, or fraudulent activity; or (f) attempt to circumvent any safety, security, or rate-limiting measure.

8. Server Administrator Responsibilities

Server administrators are responsible for how Kelly is configured on their server, for informing members that the bot is in use, and for complying with all applicable laws regarding the processing of member data. We are not responsible for actions taken by administrators through the Service, including moderation decisions and their consequences.

9. Third-Party Services

The Service integrates with third-party services, including Discord and providers used for hosting and authentication. These services have their own terms and privacy policies, which we do not control. Your use of those services is subject to their terms, and we disclaim liability for their acts or omissions.

10. Privacy

Your use of the Service is subject to the Privacy Policy, which forms part of these terms. By using the Service you consent to the collection, use and processing of data as described in the Privacy Policy.

11. Intellectual Property

The Service, including its software, design, logo, name and website content, is owned by the Kelly team or its licensors and is protected by intellectual property laws. Nothing in these terms grants you any rights in the Service other than the license set out in Section 6. You retain all rights to Content you provide, and you grant us a non-exclusive, world-wide, royalty-free license to process that Content solely to provide the Service.

12. Modifications to the Service and Terms

We may modify or discontinue the Service, in whole or in part, at any time without notice. We may revise these terms by posting an updated version on this page. Your continued use of the Service after revisions become effective constitutes acceptance of the revised terms. If you do not agree, you should stop using the Service.

13. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. No advice or information obtained from the Service creates any warranty not expressly stated in these terms.

14. Limitation of Liability

To the maximum extent permitted by law, in no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if advised of the possibility of such damages. Our total aggregate liability arising out of or related to the Service shall not exceed one hundred US dollars ($100).

15. Indemnification

You agree to defend, indemnify and hold harmless the Kelly team, its affiliates, and their officers, directors, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) your use of the Service; (b) your violation of these terms; or (c) your violation of any rights of a third party.

16. Termination

You may stop using the Service at any time by removing Kelly from your server and clearing your saved login. We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without cause, including if we reasonably believe you have violated these terms. Upon termination, the license in Section 6 ends, and sections that by their nature should survive, including Sections 11, 13, 14, 15 and 17, will survive.

17. General Provisions

Governing law. These terms are governed by the laws of the jurisdiction in which the Kelly team operates, without regard to conflict of law principles.

Severability. If any provision of these terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Waiver. Failure to enforce any provision of these terms is not a waiver of that provision or of any other provision.

Entire agreement. These terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service, and supersede all prior agreements and understandings.

18. Contact

Questions or concerns about these terms may be directed to the Kelly team through the support server linked on the website.