These Terms of Service ("Terms") govern your use of the ORBT Discord bot and the associated web dashboard (collectively, the "Service"), operated by Connor Welge, Grandweg 122c, 22529 Hamburg, Germany ("we", "us", "our"). By adding the bot to a Discord server or signing in to the dashboard, you agree to be bound by these Terms.
§ 1 Scope and Definitions
(1) These Terms apply to all users of the Service, including free and premium users. (2) "User" refers to any natural or legal person who uses the Service. (3) "Server Administrator" refers to a User who has the "Manage Server" permission on a Discord server where the ORBT bot is installed. (4) "Premium Subscription" refers to the paid tier of the Service that unlocks additional features for a specific Discord server. (5) Conflicting or deviating terms of the User are not recognized unless we expressly agree to their validity in writing.
§ 2 Service Description
(1) ORBT is a modular Discord bot and web dashboard that allows Server Administrators to configure and automate community management tasks including, but not limited to, moderation, logging, welcome messages, leveling, custom commands, tickets, and statistics. (2) The Service is provided as a Software-as-a-Service (SaaS). We reserve the right to modify, extend, or discontinue features of the Service at any time. We will endeavor to provide reasonable notice of material changes where possible. (3) The Service is not intended for use by individuals under the age of 16. By using the Service, you confirm that you are at least 16 years of age.
§ 3 Account and Authentication
(1) Access to the dashboard requires authentication via Discord OAuth2. By authenticating, you authorize us to access the Discord account data described in our Privacy Policy. (2) You are responsible for maintaining the security of your Discord account. We are not liable for unauthorized access resulting from compromised Discord credentials. (3) You may only create and use one account per Discord user. Automated account creation is prohibited.
§ 4 Premium Subscriptions and Payments
(1) Certain features of the Service require a Premium Subscription. The scope and pricing of Premium Subscriptions are displayed on the dashboard at the time of purchase. (2) Payments are processed by our Merchant of Record, Polar SH Inc. ("Polar"). By purchasing a Premium Subscription, you also agree to Polar's terms of service. Polar handles all billing, invoicing, applicable tax collection, and payment processing. (3) Premium Subscriptions are billed on a recurring monthly basis. The subscription automatically renews at the end of each billing period unless canceled before the renewal date. (4) You may cancel your Premium Subscription at any time through the Polar customer portal accessible from the dashboard. Upon cancellation, premium features remain active until the end of the current billing period. No pro-rated refunds are issued for partial billing periods. (5) We reserve the right to change the pricing of Premium Subscriptions. Price changes will be communicated at least 30 days in advance and will take effect at the start of the next billing period following the notice. (6) Since the Merchant of Record for payments is Polar SH Inc., refund requests and billing disputes should be directed to us at [email protected], and we will coordinate with Polar on your behalf.
§ 5 Right of Withdrawal (Widerrufsrecht)
(1) If you are a consumer within the meaning of § 13 BGB, you have the right to withdraw from the contract within 14 days without giving any reason. (2) The withdrawal period expires 14 days after the day of the conclusion of the contract. (3) To exercise the right of withdrawal, you must inform us (Connor Welge, Grandweg 122c, 22529 Hamburg, Email: [email protected]) of your decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post or email). (4) If you request that the provision of the service begins during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal, in comparison with the full coverage of the contract. (5) Model withdrawal form (but is not obligatory): — To: Connor Welge, Grandweg 122c, 22529 Hamburg, [email protected] — I/We hereby give notice that I/We withdraw from my/our contract for the provision of the following service: ORBT Premium Subscription — Ordered on / received on: — Name of consumer(s): — Address of consumer(s): — Signature (only if submitted on paper): — Date:
§ 5a Referral Program
(1) Eligibility. Any user signed in to the dashboard may participate in the Referral Program by sharing their unique referral link in the form `https://orbt.gg/invite?ref=<your-Discord-ID>`. (2) Earning a Reward. A reward is earned when a Discord server is invited through your referral link AND that server subsequently upgrades to a paid ORBT Premium Subscription for the first time. Rewards are NOT granted for: (a) Self-referrals — i.e., where the referrer and the Premium purchaser are the same Discord account. (b) Servers that already held a paid Premium Subscription before the referral link was used. (c) Purchases of the AI Addon or any other product other than the base Premium Subscription. (d) Purchases where the referral attribution cookie (`orbt-ref`) was no longer present at checkout (for example because it had expired, been cleared, or been overwritten by a later referral link click). (e) Purchases where the net amount actually paid to us is zero — for example because the buyer redeemed a 100% off discount code (including another referral reward), a promotional code, or an applied account balance that fully offset the price. Referral rewards are funded from Premium-subscription revenue; no reward is issued when no Premium revenue was collected. (3) Reward Structure. Each successful referral grants you one (1) single-use Polar discount code worth one (1) month of Premium Subscription at 100% off. The discount applies only to the first invoice of a new Premium Subscription you purchase through Polar and only to the Premium product (not to the AI Addon). (4) Validity. Discount codes are valid for ninety (90) days from the date of issue. Expired codes cannot be reinstated or extended. (5) Cap and Frequency. A maximum of one (1) reward may be earned per combination of (referring user, referred Discord server). Re-inviting the bot to the same Discord server, or churning and re-subscribing the same server, does not yield additional rewards. Beyond this per-pair cap there is no overall limit on the number of rewards a user may earn. (6) Non-Cash Value. Reward codes have no monetary value, are non-transferable, cannot be exchanged for cash or other forms of credit, and cannot be combined with other promotional codes unless expressly stated. (7) Refund Handling. If the qualifying Premium Subscription is refunded by us or Polar (e.g., consumer right of withdrawal under § 5), the associated reward is revoked. If the discount code has not yet been redeemed, it is invalidated server-side and the reward record is marked as revoked. If the discount code has already been redeemed at the time of the refund, we reserve the right to invoice the referrer for the equivalent value (one month of Premium Subscription at the applicable list price). (8) Anti-Abuse. We reserve the right to investigate suspected abuse of the Referral Program — including, without limitation, the use of multiple Discord accounts to circumvent the self-referral exclusion, automated link distribution, or coordinated chargeback patterns. Confirmed abuse leads to revocation of all rewards associated with the abusing user and may result in suspension or termination of that user's access to the Service. (9) Modifications and Termination. We reserve the right to modify the reward structure, validity period, eligibility conditions, anti-abuse rules, or to terminate the Referral Program at any time. Material changes will be announced through the dashboard at least thirty (30) days in advance. Rewards already earned at the time a change takes effect remain governed by the terms under which they were earned. (10) Tax. Reward codes are considered a discount on the purchase price of a Premium Subscription. To the extent that the redemption of a code constitutes a reportable benefit under applicable tax law in your country of residence, you are solely responsible for any resulting reporting and payment obligations. (11) Data Processing. The personal data we process to operate the Referral Program — in particular your Discord user ID and the attribution cookie set on referral-link clicks — is described in our Privacy Policy (§ 11a). You may withdraw from the program at any time by clearing the `orbt-ref` cookie in your browser or by contacting us at [email protected].
§ 6 Acceptable Use
(1) You agree to use the Service only for lawful purposes and in accordance with these Terms, the Discord Terms of Service, and the Discord Community Guidelines. (2) You may not use the Service to: a) Send spam, unsolicited messages, or mass notifications; b) Harass, threaten, or abuse other users; c) Distribute malware, phishing links, or other harmful content; d) Circumvent rate limits, security measures, or access controls; e) Attempt to reverse-engineer, decompile, or extract the source code of the Service; f) Use the Service in any manner that could damage, disable, or overburden our infrastructure; g) Violate any applicable local, national, or international law or regulation. (3) We reserve the right to suspend or terminate access for any User or server that violates these provisions, without prior notice and without liability.
§ 7 User Content
(1) You retain all ownership rights to content you create through the Service, including message templates, modal templates, custom commands, and other configurations ("User Content"). (2) By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to store, process, and display such content solely as required to operate the Service on your behalf. This license terminates when you delete the User Content or when the bot is removed from your server. (3) You are solely responsible for the legality, accuracy, and appropriateness of your User Content. We do not monitor or review User Content unless required by law or upon receipt of a valid complaint. (4) We reserve the right to remove User Content that violates these Terms or applicable law.
§ 8 Intellectual Property
(1) The Service, including its design, code, trademarks, logos, and documentation, is protected by copyright and other intellectual property laws. All rights remain with us unless expressly stated otherwise. (2) These Terms do not grant you any rights to our trademarks, service marks, or logos. You may not use the ORBT name or branding without prior written consent.
§ 9 Availability and Maintenance
(1) We strive to maintain the Service at a high level of availability but do not guarantee uninterrupted or error-free operation. In particular, we are not liable for disruptions caused by: a) Scheduled or emergency maintenance; b) Outages or changes to the Discord platform or API; c) Force majeure events, including natural disasters, power outages, or internet disruptions; d) Circumstances beyond our reasonable control. (2) We will endeavor to announce scheduled maintenance in advance where feasible.
§ 10 Warranty
(1) The Service is provided on an "as is" and "as available" basis. (2) We warrant that the Service will be provided with reasonable care and skill. Beyond this, no further warranties, express or implied, are made regarding the Service, to the extent permitted by applicable law. (3) This section does not affect your statutory rights as a consumer under mandatory provisions of German law, including but not limited to the warranty provisions of §§ 327 et seq. BGB for digital products.
§ 11 Limitation of Liability
(1) We are liable without limitation for damages resulting from: a) Intentional or grossly negligent conduct (Vorsatz und grobe Fahrlässigkeit); b) Injury to life, body, or health; c) Claims under the German Product Liability Act (Produkthaftungsgesetz); d) Guarantees expressly assumed by us. (2) In cases of slight negligence (einfache Fahrlässigkeit), we are only liable for breaches of material contractual obligations (Kardinalpflichten), i.e., obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the User may regularly rely. In such cases, liability is limited to the foreseeable, typically occurring damage. (3) For free users, liability for slight negligence is excluded to the extent permitted by law. (4) The above limitations of liability also apply in favor of our employees, representatives, and agents. (5) Any liability beyond the scope set forth above is excluded, regardless of the legal grounds.
§ 12 Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms, except to the extent that the claim is caused by our intentional or grossly negligent conduct.
§ 13 Term and Termination
(1) The contract for the use of the free Service is concluded for an indefinite period and may be terminated by either party at any time without notice. (2) Premium Subscriptions may be canceled at any time; the cancellation takes effect at the end of the current billing period. (3) We reserve the right to terminate or suspend your access to the Service immediately if you materially breach these Terms. In case of termination for cause, no refund of prepaid fees will be issued. (4) Upon termination, your right to use the Service ceases. Server configuration data will be deleted in accordance with the retention periods specified in our Privacy Policy.
§ 14 Changes to These Terms
(1) We may modify these Terms from time to time. Changes will be communicated through the dashboard or by other appropriate means. (2) If you do not object to the modified Terms within 30 days of notification, the modified Terms are deemed accepted. We will specifically inform you of this consequence in the notification of changes. (3) If you object to the modified Terms, both parties are entitled to terminate the contract.
§ 15 Governing Law and Jurisdiction
(1) These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). (2) If you are a consumer within the meaning of § 13 BGB, the mandatory consumer protection provisions of the country of your habitual residence apply to the extent they provide you with more favorable protection. (3) If you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Hamburg, Germany.
§ 16 Severability Clause
If any provision of these Terms is or becomes invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic intent and purpose of the original provision.