Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Dever Labs ("Company," "we," "us," or "our") regarding your use of our Discord bot development and hosting services.

By accessing our website, using our services, or engaging with our Discord bots, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Description of Services

Dever Labs provides the following services:

• Custom Discord Bot Development: Creation of tailored Discord bots according to your specifications
• Bot Hosting Services: Reliable 24/7 hosting infrastructure for Discord bots
• Technical Support: Ongoing maintenance and support for developed bots
• Consultation Services: Advisory services related to Discord bot functionality and implementation

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years old to use our services. If you are between 13 and 18 years old, you must have parental or guardian consent to use our services.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3.3 Prohibited Users

You may not use our services if you:

• Have been previously banned from our services
• Are located in a country subject to international sanctions
• Intend to use our services for illegal or unauthorized purposes

4. Service Plans and Payments

4.1 Service Plans

We offer various service plans as described on our website. Each plan includes specific features, limitations, and pricing as outlined in your service agreement.

4.2 Payment Terms

• Billing: Services are billed in advance on a monthly or annual basis as selected
• Payment Methods: We accept major credit cards and other payment methods as specified
• Auto-Renewal: Subscriptions automatically renew unless cancelled
• Late Payments: Services may be suspended for overdue accounts

4.3 Refund Policy

• Development Services: Custom development work is non-refundable once work has commenced
• Hosting Services: Monthly hosting fees are refundable within 7 days of initial purchase
• Service Issues: Refunds may be provided for significant service outages or failures

4.4 Price Changes

We reserve the right to modify our pricing with 30 days' advance notice. Existing subscriptions will be honored at the original price until the next renewal period.

5. Service Level Agreement (SLA)

5.1 Uptime Guarantee

• Starter Plan: 99% uptime guarantee
• Professional Plan: 99.9% uptime guarantee
• Enterprise Plan: 99.99% uptime guarantee

5.2 Support Response Times

• Starter Plan: Email support within 48 hours
• Professional Plan: 24/7 support within 12 hours
• Enterprise Plan: Priority support within 4 hours

5.3 Maintenance Windows

We may perform scheduled maintenance with advance notice. Emergency maintenance may be performed without notice to address security vulnerabilities or critical issues.

6. Acceptable Use Policy

6.1 Permitted Uses

You may use our services for legitimate Discord bot development and hosting purposes in compliance with Discord's Terms of Service and Community Guidelines.

6.2 Prohibited Activities

You agree not to use our services for:

• Developing bots that violate Discord's Terms of Service
• Creating spam, harassment, or abusive content
• Hosting malicious software or engaging in illegal activities
• Attempting to gain unauthorized access to our systems
• Distributing copyrighted content without permission
• Creating bots for hate speech, discrimination, or harmful content
• Excessive resource usage that impacts other customers
• Reverse engineering or attempting to compromise our infrastructure

6.3 Content Responsibility

You are solely responsible for all content generated by your bots and compliance with applicable laws and Discord's policies.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content, software, and materials provided by Dever Labs remain our intellectual property. You receive a limited license to use our services according to these Terms.

7.2 Custom Bot Ownership

• Source Code: You own the custom bot code developed specifically for you
• Shared Components: We retain rights to reusable components and libraries
• Documentation: Technical documentation is provided for your use

7.3 Your Content

You retain ownership of your content but grant us necessary rights to provide our services, including hosting and maintaining your bots.

8. Privacy and Data Protection

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our data practices as described in the Privacy Policy.

9. Service Modifications and Termination

9.1 Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of our services with reasonable notice. We will provide alternative solutions when possible.

9.2 Termination by You

You may terminate your account at any time by contacting us. Cancellation takes effect at the end of your current billing period.

9.3 Termination by Us

We may terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay fees when due
• Engage in fraudulent or illegal activities
• Pose a security risk to our systems or other customers

9.4 Effect of Termination

Upon termination, your access to our services will cease, and we may delete your data after a reasonable grace period. You remain responsible for all charges incurred prior to termination.

10. Disclaimers and Limitation of Liability

10.1 Service Disclaimers

Our services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 Limitation of Liability

To the maximum extent permitted by law, Dever Labs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

10.3 Maximum Liability

Our total liability for any claims arising from these Terms or our services shall not exceed the amount paid by you for our services in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Dever Labs from and against any claims, liabilities, damages, losses, and expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Content generated by your bots

12. Dispute Resolution

12.1 Informal Resolution

Before pursuing formal dispute resolution, we encourage you to contact us at dever@dever.pro to resolve any issues informally.

12.2 Binding Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

13. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, internet outages, or third-party service failures.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Dever Labs is incorporated, without regard to its conflict of law provisions.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Changes to Terms

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via:

• Email notification to registered users
• Notice on our website and Discord server
• In-app notifications where applicable

Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

18. Entire Agreement

These Terms, along with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Dever Labs regarding the use of our services and supersede all prior agreements and understandings.