Terms of Service

Effective from

These Terms of Service and the Refunds & Withdrawal Policy, which forms part of them (together, the "Terms"), are concluded between PWN d.o.o. (PWN Ltd), whose registered particulars are set out in the Legal Notice ("we", "us", "our"), and each person who uses the Service, including as an Administrator or a Subscriber ("you", "your"). They govern the use of the Service on the Free Plan and under a Subscription. Other capitalised terms are defined in section 1.

By adding the Bot to a Server, signing in to the Dashboard or otherwise using the Service, you agree to these Terms. A Subscription is concluded when you complete Paddle Checkout, after confirming in the Dashboard that you have read and agree to these Terms (section 8).

1. Definitions

  • "Administrator" means a person who holds the Discord permission required to configure the Bot in a Server: Manage Server for the Dashboard, or Manage Channels for the Bot's commands;
  • "Announcement Channel" means a Discord channel of the announcement type;
  • "Billing Period" means each month or year, as selected at purchase, for which a Subscription is charged in advance;
  • "Bot" means the Auto Publisher application for Discord, including its commands;
  • "Consumer" means a natural person acting for purposes outside their trade, business, craft or profession;
  • "Dashboard" means the signed-in area of the Website in which Administrators configure the Bot and manage Subscriptions;
  • "Discord" means the Discord platform, operated by Discord Inc. and its affiliates;
  • "Enabled Channel" means an Announcement Channel in which an Administrator has set the Bot to Publish messages;
  • "Filter" means a set of one or more conditions, attached by an Administrator to an Enabled Channel, that determines which of its messages the Bot Publishes;
  • "Free Plan" means the use of the Service for a Server without a Subscription, within the limits in section 3;
  • "Free Trial" means the free period of 14 days with which the first Subscription for a Server begins, available once per Server;
  • "Merchant of Record" means the party that sells a Subscription to you in its own name, which is Paddle (section 2);
  • "Paddle" or "Paddle.com" means Paddle.com Market Limited (England and Wales, company number 08172165), or the other Paddle company that the Paddle Buyer Terms identify as the contracting entity for your location;
  • "Paddle Buyer Terms" means Paddle's terms of sale at paddle.com/legal/buyer-terms;
  • "Paddle Checkout" means Paddle's checkout form on the Website, through which a Subscription is purchased;
  • "Paddle Customer Portal" means Paddle's page for managing a Subscription's payment method, invoices and cancellation;
  • "Paddle Refund Policy" means Paddle's refund policy at paddle.com/legal/refund-policy, which forms part of the Paddle Buyer Terms;
  • "Premium" means the paid tier of the Service for one Server, with the features set out in section 3 and on the Premium page;
  • "Publish" means to deliver a message from an Announcement Channel to the channels that follow it, using Discord's "Publish" function ("Published" and "Publishing" accordingly);
  • "Server" means a server on Discord (a "guild" in Discord's developer documentation);
  • "Service" means the Bot, the Dashboard and the Website;
  • "Subscriber" means the person who purchased a Subscription through Paddle Checkout;
  • "Subscription" means a contract for Premium for one Server, billed monthly or yearly, which Paddle sells to you and we perform, including any Free Trial;
  • "Website" means the website on which these Terms are displayed, including the Dashboard;
  • "Withdrawal Function" means the function labelled "Withdraw from contract" in the Subscription tab of the Dashboard, through which a Consumer may withdraw from a Subscription.

2. Paddle as Merchant of Record

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

As Merchant of Record, Paddle sells each Subscription to you in its own name under the Paddle Buyer Terms, collects the price and applicable taxes, issues invoices, processes refunds and handles enquiries and disputes concerning orders, payments and invoices. We provide the Service under these Terms: we grant the licence to use it (section 7), are responsible to Consumers for its conformity (section 5) and provide support for its use (section 3.5).

Nothing in these Terms or in the Paddle Buyer Terms excludes or limits any right that you have as a Consumer under mandatory law.

3. The Service

The Bot Publishes the messages posted in each Enabled Channel or, where a Filter is attached to it, the messages that satisfy the Filter.

  • On the Free Plan, an Administrator may enable up to 5 Announcement Channels per Server; under a Subscription, the number is unlimited. In a Server to which the Bot was added before Enabled Channels were introduced, the Bot Publishes from every Announcement Channel until an Administrator selects Enabled Channels (details).
  • Premium adds: Filters, whose conditions may refer to a message's text, author, mentions or posting webhook; Publishing of messages in excess of Discord's hourly limit after that limit resets (section 3.1); and priority support (section 3.5).

3.1 Technical requirements

The Service functions only if you have a Discord account, the Server has an Announcement Channel, the person configuring the Service is an Administrator, and the Bot holds the View Channel, Send Messages and Manage Messages permissions in each Enabled Channel. Publishing is subject to the following:

  • Discord permits no more than 10 messages per channel to be Published in any hour. This limit is set by Discord, not by us. On the Free Plan, messages in excess of it are not Published.
  • Under a Subscription, the Bot attempts to Publish messages in excess of that limit after the limit resets, in the order in which they were posted, for up to 24 hours after each message was posted. A message not Published within that period is not Published. We do not guarantee that any such message will be Published.
  • If a message contains a link for which Discord has not yet generated a preview, the Bot delays Publishing it by five seconds so that the preview can be generated.

3.2 Limitations

The Service depends on Discord, which we do not control, and on the service providers described in the Privacy Policy, and may be delayed, impaired or unavailable if Discord is unavailable, limits the rate of requests or changes its platform. We do not guarantee any delivery time, uninterrupted or error-free operation, or any level of service. This section does not limit your rights as a Consumer under section 5.

3.3 Commencement

The Free Plan applies to a Server once the Bot is present in it and holds the permissions listed in section 3.1, and the Server has at least one Enabled Channel. Premium applies from the start of the Subscription, including any Free Trial.

3.4 Updates

We will supply updates, including security updates, for the duration of the contract: on the Free Plan until these Terms cease to apply to you (section 10), and under a Subscription for each Billing Period until it ends.

3.5 Support

We provide support on both plans by email at [email protected] and in our support Server on Discord. Requests concerning a Server with Premium are handled before those concerning a Server on the Free Plan. Complaints are handled under section 5. Misuse of the Service, including any breach of Discord's terms, may be reported to [email protected].

4. Your obligations

You must comply with Discord's Terms of Service and Community Guidelines, use the Service only in Servers that you are authorised to configure, and be at least 13 years old or, where Discord sets a higher minimum age for your country, that age. You must not:

  • use the Service to Publish unlawful content, spam or bulk unsolicited messages;
  • interfere with, overload, reverse-engineer or circumvent the Service or its rate limits, or access it by automated means other than the interfaces we provide.

You are responsible for the messages Published from the Servers in which you configure the Service. We do not review or moderate them.

5. Consumer rights

This section applies if you are a Consumer.

Withdrawal. You may withdraw from a Subscription without giving any reason within a period that expires 14 days after the day on which the Subscription is concluded, using the Withdrawal Function or the other means set out in the Refunds & Withdrawal Policy.

Conformity. The Service must correspond to its description, be fit for its purpose and have the qualities and features normal for a service of its kind. If it does not, you are entitled to have it brought into conformity free of charge and, if that is impossible or is not done within a reasonable time, to a proportionate price reduction or to terminate the contract.

Complaints. You may submit a complaint in writing, by email to [email protected] or by post to PWN d.o.o., Selska ulica 25, 42242 Tužno, Croatia. We will reply within 15 days of receiving your complaint, and we keep a record of each complaint and our reply for one year from its receipt.

Alternative dispute resolution. We have not undertaken to participate in proceedings before any alternative dispute resolution body. The European Commission maintains a list of these bodies for each EU Member State. A complaint about our trading practices may also be submitted to the Croatian State Inspectorate (Državni inspektorat, dirh.gov.hr).

Liability. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot lawfully be excluded or limited. Subject to that, we are liable only for loss that was a reasonably foreseeable consequence of our breach when the contract was concluded.

6. Persons who are not Consumers

If you are not a Consumer, section 5 does not apply, and:

  • the Service is provided "as is" and "as available", and all implied terms, warranties and conditions are excluded to the fullest extent permitted by law;
  • we are not liable for loss of profit, revenue, business or goodwill, for loss or corruption of data, or for any indirect or consequential loss;
  • our total liability arising out of or in connection with these Terms is limited to the greater of EUR 100 and the amounts paid for the Service, to us or to Paddle, in the 12 months before the claim arose;
  • these exclusions and limitations do not apply to liability for intent or gross negligence, or to any liability that cannot lawfully be excluded or limited;
  • you have no right of withdrawal, and refunds are governed by the Refunds & Withdrawal Policy;
  • you must indemnify us against claims arising from content Published from the Servers in which you configure the Service, or from your use of the Service in breach of these Terms.

7. Licence

We grant you a non-exclusive, non-transferable, revocable licence to use the Service, for as long as these Terms apply to you, to Publish messages in Servers that you are authorised to configure. The licence is granted by us, not by Paddle, and no other right in the Service is granted.

All intellectual property rights in the Service, including in the Bot, the Dashboard and our name and logo, remain with us. The source code is made available separately at GitHub under the PolyForm Perimeter License 1.0.1, a source-available licence that is not an open-source licence. That licence governs the source code; these Terms govern the Service as operated by us.

8. Subscriptions, prices and renewal

Conclusion. To purchase a Subscription, you open the Server's Subscription tab in the Dashboard, select monthly or yearly billing, confirm that you have read and agree to these Terms, and complete Paddle Checkout, in which you can review and correct your details before payment. These Terms and each Subscription are concluded in English.

Price and payment. The price and features of Premium are displayed on the Premium page and in the Dashboard before Paddle Checkout opens. The final price, including taxes and, where Paddle offers it, in your local currency, is set and displayed by Paddle in Paddle Checkout, and is the amount payable. Payment is made by card or by another method that Paddle offers in your country.

Free Trial. No charge is made during the Free Trial. When the Free Trial ends, payment is required: Paddle charges the price of the first Billing Period unless the Subscription has been cancelled before then.

Renewal and minimum term. A Subscription renews automatically for successive Billing Periods of the same length, at the price in force, until it is cancelled. Its minimum term is one Billing Period.

Price increases. We or Paddle will notify you of a price increase, by email to the address that Paddle holds for the Subscription, at least 30 days before the first Billing Period to which the new price applies. The Subscriber may cancel the Subscription before that Billing Period begins.

Cancellation. The Subscriber may cancel a Subscription at any time, as set out in the Refunds & Withdrawal Policy, with effect from the end of the current Billing Period; Premium remains available until then. Cancellation is distinct from withdrawal (section 5).

End of a Subscription. When a Subscription ends, including where Paddle ends it because a payment could not be collected, the Server returns to the Free Plan: the Bot remains and no configuration is deleted, but Enabled Channels with a Filter are paused, and so are Enabled Channels in excess of the Free Plan limit, the most recently enabled first. They are marked as paused in the Dashboard and resume Publishing, as configured, when Premium applies to the Server again.

9. Changes to the Service and to these Terms

We may change the Service or these Terms, at no additional cost to you, only for one of the following reasons:

  1. to comply with a change in law or regulation, or with a decision of a court or authority;
  2. to reflect a change in Discord's platform, terms or programming interface;
  3. to reflect a change in a service provider on which we rely to operate the Service;
  4. for security reasons, including to address a vulnerability or abuse;
  5. to add, improve or withdraw a feature, or change how it works, without materially reducing what Premium provides.

We will inform Subscribers clearly, by email to the address that Paddle holds for the Subscription, of every change to Premium other than one needed to keep the Service in conformity. We will give notice of a change to these Terms that is to your disadvantage, or of a change that negatively affects your access to or use of Premium, at least 30 days before it takes effect: to Subscribers by that email and, for a change to these Terms, to everyone by making the updated Terms available on the Website with their effective date. The notice will state what is changing, when, and your right to terminate. Where a shorter period is required by law or by a decision of a competent authority, or is needed to address a security risk (reasons 1 and 4 above), we will give notice as early as possible.

If a change affects a Subscription to your disadvantage in more than a minor way, you may terminate the Subscription free of charge within 30 days of receiving the notice or of the change taking effect, whichever is later, and we will refund, through Paddle, the part of the price paid for the period after termination.

If you continue to use the Service after a change takes effect, the amended Terms apply to you. If you do not accept a change, you may terminate these Terms before it takes effect (section 10).

10. Suspension and termination

You may terminate these Terms at any time by removing the Bot from your Servers and ceasing to use the Dashboard. This does not cancel a Subscription, which is cancelled under section 8.

We may suspend or terminate your access to the Service if you materially breach these Terms, if the law or Discord requires it, or if your use endangers the security or stability of the Service or its use by others. Where the circumstances and the law permit, we will notify you in advance and give you a reasonable opportunity to remedy the breach. If we terminate your access for a reason not attributable to you, we will refund, through Paddle, the part of the price paid for the period after termination.

11. Your configuration and data

You retain all rights in the channel configuration and Filters that you create. On request to [email protected], we will provide a copy of them in a machine-readable format, free of charge. The Privacy Policy states how long we retain them after you stop using the Service and how we process personal data.

12. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Croatia. If you are a Consumer, this choice of law does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of habitual residence.

If you are not a Consumer, the courts of the Republic of Croatia have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

If you are a Consumer, you may bring proceedings before the competent Croatian courts or the courts of your country of residence, and we may bring proceedings against you only in the courts of your country of residence, in accordance with Articles 17 to 19 of Regulation (EU) No 1215/2012.

13. General provisions

  • Entire agreement. These Terms and the plan details displayed on the Premium page, in the Dashboard and in Paddle Checkout when a Subscription is concluded are the entire agreement between you and us concerning the Service, except where mandatory law provides otherwise.
  • Severability. If a provision of these Terms is held invalid or unenforceable, the remaining provisions continue to apply.
  • No waiver. A failure or delay in enforcing a provision of these Terms is not a waiver of it.
  • Assignment. You may transfer your rights and obligations under these Terms only with our prior consent. We may transfer ours as part of a transfer of our business, provided that your rights are not reduced.

14. Contact

We can be contacted by email at [email protected] and by telephone at +385 91 997 2984. Our registered particulars are set out in the Legal Notice.