Says Terms of Service

INTRODUCTION

Says is a Discord integration created to make Discord communities and servers more fun which includes the domain name says.lol ("The Services"). The Services are created and offered by Vionity Ltd, a registered private limited company in Scotland located at 64a Cumberland Street, Edinburgh, EH3 6RE, with the registration number SC696108 ("The Company"). This document contains the conditions and terms of using The Services ("These Terms"). By using The Services, you, the user of The Services ("You" or "Your"), agree to These Terms.

GENERAL

The Services include a Discord integration. The Company acts as a service provider for the communities and servers it serves. When agreeing to These Terms, You enter a legally binding agreement between You and The Company. The Company may update These Terms at any time without notice and You agree to be legally bound by any new versions or updates on publication.

ACCEPTING THESE TERMS

By accepting These Terms, You agree: (i) that You are over the age of 13 and age of digital consent in Your jurisdiction; (ii) that if You are the age of majority in Your jurisdiction, that You have read, understood, and agree to These Terms; and (iii) if You are over the age of 13 and age of digital consent in Your jurisdiction but are under the age of majority in Your jurisdiction, that Your legal guardian has read, understood and agrees to These Terms.

USING THE SERVICES

When using The Services, You agree to follow the rules outlined in These Terms. You understand that if You violate These Terms, You immediately lose any and all rights to use The Services and should immediately make The Company aware of the violation.

The Company grants You a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use and access The Services whilst You are abiding by and are in compliance with These Terms. You agree not to use The Services to: (i) violate the contractual, personal, intellectual property rights of any party or entity including using, uploading, distributing, streaming, transferring, transmitting or otherwise making available any content or information that infringes on copyright, patent, trademark, trade secret or other intellectual property laws, protections or regulations; (ii) attack, annoy, intimidate, defame, ridicule, harass, threaten, stalk or otherwise abuse anyone; (iii) attack, abuse, damage or otherwise harm The Company or The Services; (iv) develop, distribute, transmit or otherwise make available any viruses, malware, worms, trojans or any other similar software or programs including their source code; (v) engage in any conduct that is fraudulent or illegal; (vi) upload, distribute, stream, transfer, transmit or otherwise make available any content that includes child pornography or explicit content that engages minors in any way; or (vii) engage in any activity that is otherwise harmful or uncool.

Additionally, You agree not to copy, dismantle, disassemble, decompile, reverse engineer, make available or otherwise distribute The Services. You agree not to create copies of The Services.

These rules are not meant to be exhaustive, and The Company reserves the right to determine what conduct is considered a violation of These Terms. The Company reserves the right to remove any content that it deems to be a violation of These Terms or the law.

CLIMATE CONTRIBUTIONS

The Company currently contributes 1% of purchases processed through Stripe to fund carbon removal. Stripe automatically collects this amount from each payment The Company receives through their platform. The Company may modify or cease its contributions at any time. Find out more

THIRD-PARTIES

The Services may make third-party content available to You and other users. You understand agree that The Company does not guarantee the accuracy or safety of any content provided by The Services or any users on it and will not be responsible or liable for any damage that is caused by content provided.

The Services may also make third-party services and products available to You. You understand that You may be subject to third-party terms, policies and rules. The Company is not responsible or liable for the actions performed by any third-parties.

PAYMENTS

The Company may allow You to purchase or subscribe to paid products. You understand that when You provide payment details, that these details may be shared with third-party payment processing and fraud prevention services. You understand by giving payment details, You authorise The Company to take payments from your account in accordance with These Terms and any other agreements You hold with The Company. You understand that if You signup for a trial of a paid product or service, that The Company will begin charging Your account when the trial ends.

You understand and authorise The Company to place holds on Your account if The Company wants to verify Your payment details are correct or that You have enough funds for charges.

Refunds shall be provided at The Company's sole discretion. The Company may decline Your refund request for any reason. Refund offers are subject to a fair-use policy. You may not be eligible for a refund if You use The Services past a reasonable amount.

You agree not to create any dispute or chargeback against a charge before contacting The Company. You understand that if You create a dispute or chargeback, that You will immediately lose access to some or all of The Services permanently or until You settle Your outstanding balance.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THIS INCLUDES THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENET. THE COMPANY SHALL NOT BE LIABLE FOR ANY HARM, DAMAGE OR DISRUPTIONS CAUSED BY THE SERVICES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY LIABILITY CLAIMS YOU MAY HAVE BEEN ABLE TO MAKE AGAINST THE COMPANY THAT ARE CONNECTED TO YOUR USAGE OF THE SERVICES.

Additionally, The Company doesn't guarantee the uptime or stability of The Services. The Company doesn't guarantee the safety or accuracy of content, data or information provided by The Services.

INDEMNIFICATION

You agree to indemnify and hold The Company harmless to any liability, claim, damages and reasonable attorney's fees, arising out of or in connection with: (i) Your usage of The Services; (ii) any violation of These Terms; (iii) contractual agreements You hold or held with any third party; and (iv) Your violation of any third-party's rights including but not limited to those related to privacy, contractual agreements, intellectual property, trademarks, copyright and trade secrets.

ADDITIONAL TERMS

SurvivabilityYou agree that the sections and provisions of These Terms that by their nature should survive termination will survive any termination of These Terms.

TerminationYou may terminate Your agreement to These Terms by contacting The Company and completely ceasing Your usage of The Services. After The Company has confirmed Your request, These Terms shall be terminated. The Company may terminate These Terms at any time without notice.

Governing LawThese Terms are governed by the laws of Scotland. By agreeing to These Terms, You irrevocably submit yourself to the courts of Scotland and understand that any proceedings You make against The Company that are connected with These Terms or Your usage of The Services should be submitted to the courts of Scotland.

Electronic Nature of These TermsYou hereby irrevocably waive and forfeit any and all defenses You may have or have been able to base off the electronic nature of These Terms and the agreement You are creating with The Company. You understand that agreeing to These Terms creates a binding agreement.

WaiverThe failure of The Company to exercise or enforce any right, section or provision of These Terms shall not constitute any waiver of any such right, section or provision.

AssignmentThese Terms may only be assigned to You by The Company. Under no circumstances may These Terms be assigned to You without prior express permission from The Company.

SeverabilityIf any section or provision of These Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the section or provision, and the other sections and provisions of These Terms shall remain in full force and effect.

InterpretationYou agree that These Terms are not and shall not be constructed against The Company or their management.

DocumentationAt The Company's request, You will provide documentation and/or evidence of Your compliance with These Terms within 14 normal (business and non-business) days.

PrivacyBy agreeing to These Terms, You additionally agree to the Says Privacy Policy.

1.1 About These Terms. These terms apply when you use the Says Discord bot or any of the services offered on the says.lol website and subdomains ("The Services"). Please read these terms carefully.

1.2 Governing Law. These terms are governed by the laws of Scotland. By agreeing to these terms, you irrevocably submit yourself to the courts of Scotland and understand that any proceedings against these terms or your usage of The Services should be submitted to the courts of Scotland.

1.3 Binding. This is a legally binding agreement between you and Vionity Ltd.

1.4 Updates. We may update these terms at any time. You agree to be immediately bound by any new terms on publication.

2.1 Age Requirements. To agree to these terms or use The Services, you must be over the age of 18 or age of majority in your jurisdiction (whichever is higher). If you are under the age of 18 or age of majority in your jurisdiction (whichever is higher), but are over the age of 13 or the age of digital data consent in your jurisdiction (whichever is higher), a parent or legal guardian may agree to these terms on your behalf. If you are below the age of 13 or the age of digital data consent in your jurisdiction (whichever is higher), you may not use The Services.

2.2 Usage Restrictions. You agree that you must not: (i) use The Services in any way that is fraudulent, illegal, or otherwise damaging, (ii) decompile, reverse engineer, crack, or otherwise bypass any restrictions put in place, (iii) damage or disrupt The Services in any way, (iv) use The Services in any way that could harm Vionity Ltd, its users, its partners, or its affiliates, (v) copy or attempt to copy The Services, (vi) impersonate, stalk, spam, harass, defame, ridicule, mock, or otherwise harm another user or entity, (vii) spam requests, packets, emails, or other form of communications, (viii) violate any contractual agreements you hold with Vionity Ltd, its partners, its affiliates, or a third party, or (iv) forge HTTP, email, or other headers.

3.1 Access. Vionity Ltd may terminate your access to The Services at any time, for any reason, and without liability of any kind.

3.2 Accounts. You may be able to create an account on The Services. When you create an account, you understand that it does not give you any inherent rights to use The Services and that it is your sole responsibility to ensure your account is secure. Vionity Ltd will not be liable for any actions performed by someone you allow or give access to your account.

3.3 Communication. You allow and consent to communications you receive from Vionity Ltd by email, SMS, MMS, phone, paper mail, and direct message.

4.1 Content. By uploading any content (such as text, images, video, audio, or other type of media) to The Services, you grant Vionity Ltd a perpetual, non-exclusive, sublicensable, transferable, royalty free license to copy, edit, reproduce, adapt, share, transmit, or otherwise use or modify the content worldwide without restriction.

4.2 Accuracy. Vionity Ltd does not guarantee the accuracy or safety of content provided by The Services.

5.1 Payments. Card and direct debit payments are processed by Stripe on behalf of Vionity Ltd. Payments processed via the PayPal platform are processed by PayPal.

5.2 Cheques. Any cheques should be payable to "Vionity Ltd".

5.3 Refunds. Refunds shall be provided only when required by law or at Vionity Ltd's sole discretion. Refund requests may be declined if you have not followed "fair use" rules - excessive usage of The Services just to then request a refund is not permitted.

5.4 Disputes. Creating a dispute against a Vionity Ltd purchase will immediately remove your access to The Services. If you create a dispute, or are planning to, you must cease usage of The Services.

6.1 Liability. The Services are provided and offered on an "as is" and "as available" basis without warranty of any kind, express or implied, including but not limited to the warranties of fitness for a particular purpose, merchantability, and non-infringement. In no event shall Vionity Ltd be liable for any damage or harm caused by The Services.

6.2 Indemnification. You agree to indemnify and hold Vionity Ltd harmless to any liability, claim, damages, and attorney's fees arising out of or in connection with: (i) your usage of The Services, (ii) any violation of these terms, (iii) contractual agreements you hold with any third party, and (iv) any negligence on your part.

7.1 Survivability. Due to their nature, you agree that the following sections shall survive any and all terminations of these terms or the agreement: 1.2 Governing Law, 1.3 Binding, 4.1 Content, 5.3 Refunds, 5.4 Disputes, 6.1 Liability, and 6.2 Indemnification.

7.2 Termination. You may terminate this agreement by contacting us - the agreement shall be terminated 30 days after you disable your account. Vionity Ltd may terminate this agreement at any time without notice.

8.1 Waiver. Vionity Ltd not taking actions on violations of this agreement does not constitute its termination.

8.2 Electronic Term Defense. You irrevocably forfeit any and all defenses you may have based from the electronic nature of these terms.

8.3 Documentation. At Vionity Ltd's request you agree to provide evidence of your compliance with these terms.

8.4 Interpretation. These terms are not and shall not be constructed against Vionity Ltd or their management.

8.5 Privacy. You may view our Privacy Policy at says.lol/privacy.