Terms of Service Agreement

Effective Date: September 29, 2024

Last Updated: December 19, 2024

This Terms of Service Agreement (the "Agreement") is entered into between the Ducky Developers ("Ducky team") and the user ("User") of the Ducky Discord bot ("Bot", "Ducky"). By using the Bot, the User agrees to be bound by the terms of this Agreement. If the User does not agree to the terms of this Agreement, they should immediately discontinue use of the Bot. For questions or inquiries contact us through the Discord server Ducky Support ("support server") (accessible at https://duckybot.xyz/support), here you may contact our support team ("Ducky Support") through a ticket avalible in the channel named "🐤・support" (with id "1261005301021278321"). Discord does not provide an easy way to notify all of our users, therefore you may join the Ducky Support server and select the "Announcements" ping in the server onboarding. Doing so will get you pinged in #📣・shouts when we change our ToS or privacy policy.

About Ducky

Ducky is a bot developed for the chat and social platform Discord (accessible at https://discord.com), provided by Discord Inc. Utilizing Discord's public API, built with Lua and the Discordia Library (details available at https://discord.dev), Ducky aims to enhance User experience with various tools and interactions in compliance with Discord's terms and guidelines. Ducky strictly adheres to Discord’s Developer Terms and maintains responsible and respectful use of Discord’s services. Users are required to use Ducky in ways that align with both Ducky's terms and Discord's policies. Unauthorized use, such as sending unsolicited messages, spamming channels or direct messages, or engaging in any activity that violates Ducky’s or Discord’s terms, is strictly prohibited. Misuse of this service may lead to restrictions and possible reporting to Discord. If you encounter or suspect any misuse of Ducky, please report it to the developers immediately through our support server.

Use of the Bot

The Ducky team grants the User a non-exclusive, non-transferable, limited license to use the Bot for personal or non-commercial purposes.

The User must abide by Discord’s Terms of Service.

The User is expected to use Ducky as intended, and not with malicious, abusive, or bad intent.

Prohibited Use

The User may not use the Bot in any way that:

Violates any applicable laws, regulations, or Discord's Terms of Service; Infringes upon the rights, privacy, or safety of any individual or third party; Engages in spamming, unauthorized messaging, or unsolicited advertisements; Attempts to create, spread, or encourage false information, rumors, or drama related to Ducky or its community; Seeks to exploit, disrupt, or reverse-engineer Ducky’s functionality in any way; Violates the intended use and features of Ducky or Discord’s platform.

Any prohibited use may result in restricted access or a ban, with potential reporting to Discord if the terms above are violated.

Privacy Policy

Ducky’s Privacy Policy (accessible at https://duckybot.xyz/legal/privacy) applies to all interactions with the Bot. The User agrees to the collection and use of information as outlined in the Privacy Policy.

Limitation of Liability

The Ducky team shall not be liable for any damages arising out of the use or inability to use the Bot, including but not limited to damages for loss of profits, loss of data, or other intangible losses.

Modifications to the Bot

The Ducky team may modify or discontinue the Bot at any time without notice. The User agrees that the Ducky team shall not be liable to the User or any third party for any modification, suspension, or discontinuance of the Bot.

Ducky Plus+ | Terms & Conditions

Agreement

By purchasing Ducky Plus+ through any payment method/form, the User agrees to these terms. If you are in the Ducky support server, and have claimed the Ducky Plus+ role (through a Ducky Plus+ ticket in the support channel), you will always be notified about changes in this section.

Subscription

At the moment, the User may only purchase Ducky Plus+ through the Roblox game. For every Ducky Plus+ purchase the User makes, their personal subscription will be extended by 30 days. The User will receive 1 slot, which can grant a server Ducky Plus+ until their personal subscription expires. This means if the User purchases Ducky Plus+ 2 times, the User can grant 2 servers 2 months of Ducky Plus+. A slot cannot be used on a server that has an active subscription. If a slot is not used before the User's personal subscription expires, the slot cannot be used anymore.

Refunds

All methods/forms of purchasing Ducky Plus+ are not refundable. The usage of a slot on a server may be refunded only if the server does not have data in our database which was granted by the slot. When a slot is refunded, the slot expires when the User's personal subscription expires.

Revokability

The Ducky team reserves the right to terminate a User’s access to Ducky Plus+ for any reason. Appeals can be made via a Support ticket in the Ducky Support server.

Intellectual Property

The Bot and all intellectual property rights therein are and shall remain the property of the Ducky team. The User agrees not to copy, modify, or distribute the Bot or any portion thereof without the express written consent of the Ducky team.

Indemnification

The User agrees to indemnify and hold harmless the Ducky team, its affiliates, and their respective directors, officers, employees, and agents from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of the User's use of the Bot.

Termination

This Agreement may be terminated by either party at any time for any reason. Upon termination, the User must immediately cease all use of the Bot.

Governing Law

This Agreement and any disputes or claims arising out of or in connection with it, including but not limited to its formation, validity, interpretation, performance, and enforcement, shall be governed by and construed in accordance with the laws of the United States. This choice of law applies regardless of any conflicts of law principles or rules that might otherwise apply the laws of another jurisdiction.

By using Ducky, you agree that any legal actions or proceedings related to this Agreement shall be subject to the exclusive jurisdiction of the courts located within the United States.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, whether written or oral, relating to the Bot.

For any questions or concerns about these Terms of Service, or to appeal a Ducky Plus+ or general account action, please contact our support team in the support server.