Terms of Service

1. Agreement

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") (Discord ID: 1228508072289370172, accessible at https://discord.gg/FChsKWG3ra), here you may contact our support team ("Ducky Support").

2. 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.

3. Usage Guidelines

3.1. Use of the Bot

• Non-exclusive, non-transferable, limited license
• Personal or non-commercial purposes only
• Must abide by Discord's Terms of Service and Community Standards
• Use as intended without malicious intent

3.2. Prohibited Use

• Violation of laws or Discord's Terms of Service
• Infringement of rights, privacy, or safety
• Spamming or unauthorized messaging
• Creating or spreading false information
• Exploiting or reverse-engineering functionality
• Violating intended use of Ducky or Discord

4. 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.

5. 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.

6. 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.

7. Ducky Plus+ Subscription

7.1. Subscription

• Purchased through the /plus manage command
• Slots apply Ducky Plus+ permanently to one server
• Only the server owner can apply a slot to their server
• Slots can be gifted to others, but not sold or traded
• Once applied, the slot is bound to the server until refunded
• Additional slots can be used on other servers or gifted

7.2. Terms & Conditions

• Slots are bound to a server until refunded
• Only the current server owner can refund a slot
• If the server has no configuration, it may be refunded by the user who applied it
• Refunding a slot removes it from the server and wipes all server configuration data
• After refund, the slot can be gifted or applied to another server
• Slots may not be sold or traded
• We may revoke access upon violations of our Terms of Service
• Terminations can be appealed through our Support Server

7.3. Refunds Policy

All purchases are final and non-refundable. Slot refunds are only processed if requested by the server owner. Refunding will wipe all server data associated with the subscription. Once refunded, the slot can be reused or gifted.

8. Legal Information

8.1. 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.

8.2. Indemnification

The User agrees to indemnify and hold harmless the Ducky team, including its developers, management team, support team, moderation team, affiliates, and partners from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of the User's use of the Bot.

8.3. 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.

8.4. 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.

8.5. 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 (accessible at https://discord.gg/FChsKWG3ra).

9. Modifications to these Terms

By continuing to use our service after changes have been posted, you are agreeing to those changes. To receive notifications about updates to these Terms of Service, updates will be posted in a dedicated thread under the shouts channel (Channel ID: 1258891659874144256, Thread ID: 1394306899653955614). You can join the support server (Discord ID: 1228508072289370172, accessible at https://discord.gg/FChsKWG3ra) and subscribe to the "Legal" role to be pinged when updates are posted in this thread. If you are already in the support server, you can obtain the "Legal" role via the "Channels & Roles" tab at the top of the channel list.

By doing any of the following, you agree not to be notified about changes to these Terms:

• Not joining the support server (Discord ID: 1228508072289370172, accessible at https://discord.gg/FChsKWG3ra)
• Not selecting the "Legal" ping during onboarding
• Violating the support server rules (see the "rules" channel, Discord ID: 1259259527094734858)
• Disabling notifications for the support server in any way