Earthling (the "Bot" or "Earthling Software") is a multi-purpose Discord bot that focuses on providing users with an engaging levelling system and useful moderation features. Designed for use on the popular chat platform Discord, Earthling allows server admins to create custom ranks and levels with unique badges and rewards to encourage user participation. The bot's moderation tools include features such as message logging, user tracking, and kick/ban functionality, providing admins with the ability to maintain a safe and organised server environment. Earthling is easy to set up and configure, making it an ideal choice for server owners who want to create a fun and interactive community on Discord.
The purpose of the Terms of Use (the "Terms", "Terms and Conditions") is to define the terms and conditions for the use of our software application (bot) that runs manual and automated tasks over Discord (the "Bot" or "Earthling Software"), our platform located at https://eathlingbot.net/ or sub-domains, including the Application Program Interfaces (API) (the "Platform" or the "Website"), and the related features offered from time to time on the Platform (the "Features") to the users (the "User", "you" or "your").
By using any of our features, you must first agree to the Terms of Use. By accessing or otherwise using the Features, you expressly confirm that you fully and irrevocably agree to these Terms.
At our sole discretion, we reserve the right to modify or replace the Terms at any time. The most current version of these Terms will be posted on the Platform.
You will be deemed to have accepted all modifications and revisions of the Terms by continuing to use all or part of Features and/or the Platform.
As long as nothing to the contrary is stated in the Terms or on the Platform, Earthling Bot (also known as "Earthling", "Earthling Bot", "we", "us, "our," or the "Owner") operates the Platform and provides the features. The Discord platform and/or its owner(s) or representative(s) are not represented by Earthling, nor is Earthling operating as their agent or service provider.
In order to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms, you hereby represent and warrant that you are fully able and competent.
Additionally, you guarantee and indicate that using the Features in any way is lawful for you to do in your country of residence. Finally, you guarantee and indicate that you alone are responsible for abiding by any legal requirements in your country, and you absolve Earthling of all responsibility in this regard.
Users are in charge of maintaining the security and confidentiality of their login information. For this reason, users are urged to choose passwords that are as strong as this website will allow. This is both necessary and advised.
Users acknowledge that they are solely responsible for any activity and decisions made using their username, password, and account identification number when they register an account.
If users suspect that their personal information, including but not limited to their user account, security access credentials, or personal data, has been compromised, improperly disclosed, or stolen, they must contact Earthling right away using the contact information provided in this page.
To access the Features, Users must register or create a User account, supplying all necessary data or information in full and with honesty. We have the right to prohibit your access to the Platform or any of its features, as well as to terminate or suspend your account, if we have any cause to suspect that the information provided is invalid, inaccurate, or incomplete. You must not offer any false or fraudulent information as a result. False information on your account is absolutely forbidden and will result in account suspension or termination.
Through the Bot alone, users can also access some features or functionality without registering or creating a user account, which may limit the availability of some features or functionalities.
Your failure to adhere to this section will result in loss or damage for which Earthling cannot and will not be held responsible.
Users can access specific Features through subscriptions for a predetermined amount of time. Paid subscriptions are carried out by our provider, which may be Discord, and they start as soon as the Owner receives the payment.
Users are responsible for immediately paying the needed recurring cost to retain paid subscriptions. Service interruptions or the discontinuation of certain functionalities will result from failure to comply.
Unless the user cancels the subscription before the deadlines for termination mentioned in the applicable section of these Terms and/or the Website, subscriptions are automatically renewed through the payment method of the user's choosing.
A "lifetime" subscription is one that allows the user to access and use the features as indicated on the website for a set amount of time that cannot exceed their lifetime. This subscription charge must be paid in one lump sum. We reserve the right to amend, alter, replace, suspend or modify the subscription for any reason. In the event that we decide to terminate the subscription at any time, no refunds will be issued.
Termination by Earthling. Your use of the Features may be stopped, suspended, or limited at any time and without cause by Earthling if:
Termination by User. Until the termination's effective date, access to the features is still available. The payments paid for the features that were previously used are not refundable.
You do not have the right to ask for an early termination of the Features based on your violation of the Terms, specifically the falsity of one or more of your representations.
Consequences of Termination. You will no longer be entitled to nor able to use the Features or benefits of Earthling, and you will be required to pay the fees for the use of the Features if the fees have not been paid in full for the period before the termination taking place. No refund of the fees for using the Features, whether paid on a monthly, annual or one-time basis, shall be granted, even in the event of termination, for any reason whatsoever, before the subscription term.
Upon the effective date of termination, all rights granted under the Terms before termination shall be immediately terminated, and you shall immediately cease all use of the bot or related Features.
Account Termination. Users can terminate their account and stop using the Features anytime by directly contacting Earthling by the contact details provided in this document. However, you are not entitled to invoke your breach of the Terms, particularly the inaccuracy of one or more of your statements, to request early termination of the features.
Content Provided by Us. The Owner holds and reserves all ownership and rights for any such content. Users may only use such content necessarily or implicitly in adequately using the Features/Earthling.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or creative derivative works from the content available on this Website or through the Features, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the attributions requested by the Owner are correctly implemented.
Content Provided by Users. The Owner allows Users to upload, share or provide their content to this Website and the bot.
By providing content to the Website and the bot, Users confirm that they are legally allowed to do so and are not infringing any statutory provisions and/or third-party rights.
Users acknowledge and accept that by providing their content on this Website and bot, they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Website and bot as contractually required.
Access to External Resources. Users might have access to outside resources supplied by third parties through this website and bot. Users agree and recognise that the Owner has no control over these resources and is not accountable for their accessibility or content.
Specific terms and restrictions may apply to the use of resources provided by a third party, such as content or services. These conditions could, for instance, confer certain rights to use the content or service or impose usage restrictions. If no third party has specified any specific terms, then any applicable statute legislation will apply. Otherwise, the exact terms and conditions that apply to these resources will rely on what the third party has stated. As a result, users are required to abide by any terms and conditions stipulated by the third party or, in the absence of such terms, by any applicable laws or regulations that govern the use of the resources.
We may also use third-party resources/platforms to allow users to contribute towards Earthling. By contributing content to Earthling, users acknowledge and agree that they are not entitled to use, copy, or distribute any information or content they have contributed to the bot for any purpose other than within the Earthling platform. Users are expressly prohibited from reproducing or repurposing content for any other purpose or on any other platform without the express consent of the Owners.
External Advertisement. Users may see advertising provided by third parties on this Website. The advertising that are seen on this Website are not within the Owner's control or supervision. Any third party that is in charge of that advertisement will be contacted by users who click on any such advertisement.
The Owner disclaims all liability for any issues that arise from dealings with third parties, including those resulting from accessing or utilising third-party websites or content.
Acceptable use. This Website and the Service may only be used for the purposes for which they are intended, in accordance with these Terms and any applicable legal restrictions. Users are solely responsible for making sure that their use of this Website and/or the Service does not conflict with any applicable laws, rules, or the rights of other parties.
When users engage in or are suspected of engaging in any of the following activities, the Owner reserves the right to take any appropriate action to protect its legitimate interests, including by denying Users access to this Website or the Service, terminating contracts, and reporting any misconduct performed through this Website or the Service to the competent authorities - such as judicial or administrative authorities. The following are prohibited behaviour:
Discounts and Offers. For the purchase of Features, Earthling might provide special discounts or other deals. These qualifying requirements and the Terms and Conditions outlined in the corresponding area of the Platform shall always apply to any such offer or discount. Discounts and offers are always subject to Earthling's sole discretion.
Repeated or ongoing promotions do not provide users the right to later assert any claim, title, or discount. Discounts or deals may be valid for a set period of time or only while supplies last, depending on the circumstance. Unless otherwise stated, time indications for offers or discounts that have a time limit refer to Earthling's time zone, which is shown in Earthling's location information in this article.
Coupons. "Coupon" refers to any printed or digital coupon or voucher that entitles the User to a lower price on the Product. Coupons may be the basis for promotions or discounts.
The Owner expressly maintains the right to decline to perform its contractual obligations in the event that the terms that apply to Coupons are violated, and the Owner may also take legal action to defend its rights and interests. Any extra or conflicting requirements for using the Coupon that are stated on the relevant information page or the Coupon itself shall always take precedence over the provisions below.
The following guidelines apply to the use of Coupons, unless otherwise specified: (a) Each Coupon is only valid when used as directed and within the timeframe specified on the website and/or the Coupon; (b) Single-use Coupons may only be used once per purchase, and therefore may only be applied once even in situations involving instalment-based payment plans; (c) A Coupon may only be applied in full at the time of purchase; partial use is not permitted; (d) If there is a discrepancy between the value of the Coupon and the redeemed value, the User is not entitled to a credit, refund, or compensation; (e) The Coupon is only meant for personal, non-commercial use. any illegal conduct involving the purchase, use, or reproduction of the Coupon. (f) The Coupon may only be used within the period of the promotion that is indicated. After this time, the Coupon will automatically expire, making it impossible for the User to exercise the applicable rights, including the right to cash out.
Refunds. We don't offer refunds for any of our goods or services. You recognise and accept that all sales are final and that no refunds will be given by using our products or services.
We put a lot of effort into making sure that our goods and services fulfil your requirements and expectations, and we stand by the calibre of them. We are unable to offer refunds owing to the nature of our business and the digital nature of our products and services.
Virtual Currency. "Virtual Currency" refers to a digital asset that Users may use to purchase particular Products made available on this website. Codes, tokens, digital photographs, and other digital forms are examples of these assets. Users consent to the following Terms and Conditions by using Virtual Currency on this platform.
Virtual Currency cannot be bought, sold, exchanged for, or redeemed for real money, goods, other open digital currencies, or any other value. The Platform's functionalities are the only ones for which the Virtual Currency is meant.
Users understand and agree that they are not permitted to exchange, transfer, buy, sell, or otherwise deal in such Virtual Currency outside of the Features. Any attempt to do so will be viewed as a breach of these Terms and Conditions. Users are not permitted to exchange Virtual Currency for any value other than the dedicated offering made available by the Owner through the Platform by trading, selling, or attempting to sell Virtual Currency for money.
Any and all unused Virtual Currency shall be forfeited in the event of contract or account cancellation for any reason attributable to the User, and no reimbursement shall be given.
The term "Confidential Information" refers to any information that is disclosed orally or in writing by one party (the "Discloser") to the other party (the "Recipient") while accessing or using the Features, and that is designated as "Confidential" or that the Recipient is required to treat as confidential under the circumstances of its transmission. Despite the aforementioned, any information that Earthling discloses that is related to the Earthling Software and is not already known to the public is considered to be Confidential Information.
As a Recipient of Confidential Information, you hereby commit to keep such information confidential and to protect it at least as carefully and securely as you would your own sensitive information. Any use or disclosure of Confidential Information other than what is required for the proper use of the Features and as expressly permitted in writing by the Discloser is not permitted. Without the express written agreement of the Discloser, you are not permitted to use or disclose Confidential Information for any business endeavour.
When your access to or use of the Features is terminated, the confidentiality obligations outlined in these terms and conditions will still be in full force and effect for as long as the Confidential Information is kept private. There may be no suitable legal recourse for any violation of these terms and conditions relating to Confidential Information, which could cause irreparable injury to the Discloser. As a result, the Discloser may request injunctive relief or use any other legal remedies to enforce these terms and conditions in such circumstances.
The restrictions and obligations of this clause, notwithstanding the foregoing provisions, shall not apply to any information that:
The Recipient shall promptly return or destroy, at the request of the Discloser, all originals, copies, reproductions, and summaries of the Confidential Information, as well as all other tangible materials provided by the Discloser, including any and all notes, documents, and other materials that incorporate, reflect, or refer to the Confidential Information. The Recipient shall also give the Discloser written confirmation that all such materials have been returned or destroyed.
Risks. You hereby clearly recognise and accept that the Features are used at your own risk. The Features and access to the Platform are provided "as is" and "as available" with no express or implied warranties of any kind, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. You specifically acknowledge that the applicable fees are paid for the general use of the applicable Features, the content of which may change at Earthling's discretion, and that you are not eligible to request a refund in the event that the Features change or develop. There are no warranties implied by any advice or information, whether oral or written, that a User obtains from the Owner or through the Service. You acknowledge and agree that we have no control over, and are under no obligation to take any action with respect to: who has access to or uses the Features; the potential effects of the Platform's content on your business or your communities and members; the manner in which you may use the Platform's content and the Features; or the actions you may take, particularly with respect to your communities and/or their members as a result of having been exposed to the content.
We do not guarantee constant, uninterrupted, timely, or secure access to the Platform and its features. You expressly accept and acknowledge that the Website and the Features may:
You acknowledge and hereby expressly agree that Earthling shall not be responsible for any loss or damage caused by your breach of your responsibilities under this Agreement.
You recognise using the Website and its Features entirely on your own initiative and expressly consent to this. Any information you provide or receive while using the Website and the Features may not be secure and may be intercepted by or obtained by unauthorised persons, and you fully recognise this possibility. Your use of the Website and the Features is at your own risk, and you expressly accept and agree that the Earthling Software may prove to be flawed or susceptible, putting your information systems at danger of hacking or corruption. You accept that you are entirely responsible for setting your computer hardware, software, and platform used to access the Features, and you undertake to safeguard the security of the systems, programmes, and data. You agree that using the Features, including any remarks or information conveyed over the Earthling Software that violates relevant laws or regulations, is strictly your responsibility.
You specifically agree not to:
Finally, you acknowledge and agree that, even if Earthling has been made aware of the possibility of such damages, neither Earthling nor its suppliers or licensors shall be liable to you for any direct or indirect damages of any kind, including but not limited to damages for loss of property, profits, goodwill, use, data, or other tangible damages resulting from: the Website or Features; your use or inability to use the Website or Earthling Software; unauthorised access to or alteration of your transmissions or data; remarks or conduct of any third party made on the Website or the Features; any actions we take or do not take in response to communications you send to us; human error; technical failures; failures; omissions, interruptions, latency, deletions or defects of any device or network, providers (including, but not limited to, those that prohibit participation in the Features); any harm or damage to computer equipment; inability to fully access the Website, the Features, or any other website; theft, tampering, destruction, or unauthorised access to, images or other content of any kind; data that is processed late or incorrectly; is incomplete or lost; typographical, printing, or other errors, or any combination thereof; or any other issue relating to the Features.
Whether the alleged obligation is based on a contract, tort, negligence, strict liability, or any other basis, this limitation of liability section shall apply to the maximum extent authorised by law in the appropriate country, even if business has been informed of the potential of such damages. The aforementioned limits or exclusions may not apply to User because certain countries do not permit the exclusion or limitation of incidental or consequential damages. The terms grant User a number of legal rights, and depending on the laws in effect in each location, User may also have other rights. To the extent prohibited by applicable legislation, the disclaimers, exclusions, and limitations of liability set out in the conditions shall not apply.
Assignment of Rights. Without our written consent, you may not transfer, assign, or delegate any of your rights or obligations under these Terms to any third party. However, Earthling may transfer, assign, or delegate any of its rights and obligations under these Terms without restriction to any third party. Any attempted transfer or assignment in violation of this clause is unlawful and unenforceable.
Changes to these Terms. These Terms are subject to modification at any time by the Owner. The Owner will properly notify the User of these modifications in such circumstances. Future interactions with the User won't be impacted by such modifications. The User will be deemed to have accepted the updated Terms if they continue to use the Service. Users must discontinue utilising the Features and gaining access to the Platform if they do not want to be bound by the modifications. Either party may choose to end the contract if the other refuses to accept the new Terms. Prior to the User's approval, the appropriate earlier version will control the relationship.
Any earlier version may be obtained by the User from the Owner. The Owner shall state the date on which the updated Terms will take effect, if required by relevant legislation.
Agreement Entirely. Except as otherwise provided herein, these Terms (as amended from time to time) and any document expressly referred to herein constitute the entire agreement between the parties with respect to the subject matter hereof and supersede any prior written or oral agreement, promise, assurance, warranty, representation, understanding, undertaking, or arrangement between the parties. No oral explanation or information provided by any of us shall affect how these Terms are to be interpreted. You thus declare that you have not relied on any representation or information not specifically contained herein in your agreement to accept these Terms.
Company Identify. In the event of a change in the company name of "Earthling," all existing agreements, contracts, and documents shall remain fully effective under the new company name. While such documents may still bear the previous company name ("Earthling"), any mention of the former name shall be construed as referring to the new company name.
Language. All communications, including any notices or information being delivered, shall be in English as they are concluded in English.
Enforceability. The invalidity or unenforceability of any term or provision of these Terms shall not impact the validity or enforceability of any other term or provision of these Terms, which shall be regarded severable from these Terms. Additionally, such invalid or unenforceable phrases or provisions must be amended and construed to the fullest extent permitted by any relevant laws to achieve the purposes of the original provision.
Service Reselling. Without the Owner's express prior written consent, whether given directly or through an authorised resale programme, Users are not permitted to reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of this website or its features.
Interruption. The Owner maintains the right to pause access to the Features for maintenance, system updates, or other changes in order to maintain the highest quality of service while properly alerting the Users. The Owner may also choose to temporarily or permanently halt access to the Features, subject to any legal restrictions. The Owner will work with Users to allow them to remove Personal Data or information in line with relevant legislation if access to the Features is ended. Additionally, access to the Features could not be available due to "force majeure" circumstances, such as labour disputes, infrastructure failures, or blackouts, which are beyond the Owner's reasonable control.
Notifications and Correspondence. By using the Features, you consent to us sending you any notices or other communications, including marketing, relating to your use of the Features:
The date of receipt for emails sent as notices will be taken to be the day the notification was sent. You will always have the choice to stop receiving any marketing communications from us.
Section Titles. The section and article titles in the Terms are just for convenience and have no legal or contractual significance.
If you have any questions or concerns about these terms and conditions, please contact us using the email below:
Earthling Bot
England
United Kingdom
support@earthlingbot.net
