Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and the operator of MysticMommy (“MysticMommy”, “we”, “us”, or “our”) governing your use of the MysticMommy Discord application (the “Bot”), its web dashboard, and any related services (together, the “Service”). By adding the Bot to a Discord server, invoking any of its commands, or otherwise using the Service, you accept these Terms. If you add the Bot to a server, you represent that you have authority to bind that server and you are responsible for informing its members that the Bot collects usage data as described in our Privacy Policy. If you do not agree, do not use the Service.

1. The Service

MysticMommy is a music playback bot for Discord. It resolves and streams audio from third-party sources, manages queues and playlists, and records usage telemetry that powers its features and an operations dashboard. The Service is provided as-is and may change, be suspended, or be discontinued at any time, in whole or in part, with or without notice.

2. Eligibility

You must meet Discord’s minimum age requirement in your country and comply with Discord’s own Terms of Service and Community Guidelines. Use of the Service must also comply with the terms of any third-party audio source it is used with.

3. Data collection and license to us

Operation of the Service inherently generates data. You acknowledge and agree that, as described in the Privacy Policy, we collect and process your Discord identifiers, commands, requests, playback events, playlists, likes, and related usage information whenever you interact with the Bot, and that this collection is an integral, always-on part of the Service that cannot be disabled while the Bot is in use.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, adapt, analyze, aggregate, display, and otherwise use the content and data you submit to or generate through the Service (including playlists, track selections, and usage events) for the purposes of operating, analyzing, improving, and developing the Service and successor services. This license survives your ceasing to use the Service to the extent the data is retained under the Privacy Policy. Aggregated or de-identified data derived from your use is ours and may be used without restriction.

4. Acceptable use

You agree not to:

We may throttle, suspend, or permanently ban any user or server from the Service at our sole discretion, with or without notice, including for violation of these Terms.

5. Third-party services

The Service depends on Discord and on third-party audio sources (such as YouTube, SoundCloud, Spotify, Bandcamp, Vimeo, and Twitch). We do not control those services, make no promises about their availability, and are not responsible for their content or conduct. Your use of them is governed by their own terms. Playback availability may change or break without notice when third-party services change.

6. Intellectual property

The Service, including its software, design, and branding, is owned by us or our licensors. These Terms grant you only a limited, revocable, non-exclusive, non-transferable right to use the Service as intended. No other rights are granted.

7. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA (INCLUDING QUEUES AND PLAYLISTS) WILL NOT BE LOST.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR TEN U.S. DOLLARS (US$10). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

9. Indemnification

You will indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising out of your use of the Service in violation of these Terms, of applicable law, or of third-party rights.

10. Termination

You may stop using the Service at any time, and server managers may remove the Bot at any time. We may suspend or terminate the Service or your access to it at any time, for any reason, with or without notice. Sections 3, and 6 through 13 survive termination.

11. Changes to these Terms

We may revise these Terms at any time by posting the updated version at this page and updating the “Last updated” date. Continued use of the Service after a revision takes effect constitutes acceptance of the revised Terms.

12. Governing law

These Terms are governed by the laws of the jurisdiction in which the operator of the Service resides, without regard to conflict-of-law rules, and disputes will be brought exclusively in the courts of that jurisdiction, except where the law of your country of residence grants you non-waivable consumer protections or venue rights.

13. Miscellaneous

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be enforced to the maximum extent permitted. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. MysticMommy is not affiliated with, endorsed by, or sponsored by Discord Inc. or any audio source.

14. Contact

Questions about these Terms: lev@gymshackles.com.