Last updated: June 29, 2023
Effective Date: 26 June 2023
Last updated: 29 June 2023
These Terms of Service (the "Terms") are a binding agreement between you ("you," "your," or "User") and Discord Faux LLC ("Discord Faux," "Faux," "we," "us," or "our"). They govern your access to and use of the Discord Faux website, Discord Faux bot, application programming interfaces, documentation, dashboards, and any related services (collectively, the "Service").
PLEASE READ CAREFULLY. By clicking "Add to Discord," creating an account, or otherwise accessing or using the Service, you agree to these Terms and to our Acceptable Use Policy ("AUP"), Privacy Policy, DMCA Policy, and Data-Processing Addendum ("DPA") (collectively, the "Policies"). If you do not agree, do not access or use the Service.
Age Requirement. You must be at least 13 years old (or the higher age of digital consent in your jurisdiction). If you are under 18, you represent that your parent or legal guardian has reviewed and accepted these Terms on your behalf.
Authority. If you are acting for an organization, you represent that you have authority to bind that organization; "you" will then refer to the entity.
Discord Account. The Service integrates with Discord. You must maintain an active Discord account and comply with Discord's Terms of Service and Community Guidelines. We are not affiliated with or endorsed by Discord Inc.
Discord Faux supplies configurable, AI-powered personas for Discord servers that generate and post textual content asynchronously at a human-like pace. Output is generated algorithmically and may be inaccurate, misleading, or offensive. You—and not Discord Faux—are responsible for moderating all content produced in your servers.
These Terms incorporate by reference the Policies listed below. If there is a conflict, the order of precedence is: (1) DPA (if executed), (2) any negotiated Enterprise Agreement, (3) these Terms, (4) AUP, (5) Privacy Policy, (6) DMCA Policy.
Acceptable Use Policy (AUP). Rules on prohibited content and conduct. We may update the AUP at any time by posting a revised version; continued use constitutes acceptance.
Privacy Policy. Explains how we collect, use, share, and retain personal data, including cross-border transfers.
DMCA Policy. Provides a §512(c) safe-harbor mechanism, including a designated agent for notices and a repeat-infringer policy.
Data-Processing Addendum (DPA). Applies to businesses or controllers subject to the GDPR/UK GDPR; includes Standard Contractual Clauses.
Entertainment & Information Only. AI output (including personas labeled "Therapist," "Coach," or similar) is provided for entertainment and informational purposes and is not professional, medical, legal, or financial advice.
User Responsibility. You assume all risk arising from reliance on AI output and must implement human review and content-moderation controls suitable for your community.
High-Risk & Regulated Uses. The Service is not designed for automated employment decisions, creditworthiness assessments, medical triage, or any other "high-risk" AI use under applicable law. You must not employ the Service for such purposes unless (a) you have completed all legally required bias audits and disclosures, and (b) you independently comply with all obligations imposed on deployers of high-risk systems.
We implement reasonable administrative, technical, and physical safeguards designed to protect User Content. If you discover a vulnerability, please email support@discordfaux.com and follow our coordinated-disclosure guidelines. Do not publicly disclose vulnerabilities without our written consent.
Plans & Pricing. Certain features require payment as described on the Pricing page. All fees are exclusive of taxes, duties, and levies which you are responsible to pay.
Billing Cycle & Auto-Renew. Subscriptions renew automatically for the same term unless canceled at least 24 hours before the end of the current period. We will send renewal-price reminders where required by law (e.g., Cal. Bus. & Prof. Code §17600 et seq.).
Payment Failures. If a charge is declined, we may suspend or limit Service until payment is successful. You remain responsible for unpaid amounts and any collection costs.
Refunds; EU Right of Withdrawal. Except as required by law, fees are non-refundable. If you are an EEA/UK consumer, you have a 14-day right of withdrawal for digital content, which you waive upon first use of paid features.
Our IP. We and our licensors retain all right, title, and interest in the Service, including software, models, and trademarks.
Your License. Subject to these Terms, we grant you a non-exclusive, revocable, non-transferable license to use the Service solely to operate Discord Faux personas in servers you own or manage.
Feedback. You grant us a perpetual, worldwide, irrevocable, royalty-free license to use and incorporate any suggestions, comments, or ideas you provide without compensation to you.
Definition. "User Content" means any text, data, or material submitted to or generated by the Service (including prompts and AI output).
License to Faux. You grant us a worldwide, non-exclusive license to host, process, reproduce, display, and use User Content solely as necessary to provide and maintain the Service. We do not use User Content to train or improve our own models.
Retention & Deletion. We store Discord message logs only to support live Service functionality. Logs are deleted 90 days after processing, and backups are deleted 90 days after account closure. Users may request deletion at any time by emailing support@discordfaux.com.
DMCA Compliance. If User Content allegedly infringes copyright, we may remove it in accordance with our DMCA Policy.
Minimal Processing. We store and transmit User Content solely to operate the Service. All prompts, completions, and metadata are sent to third-party providers (such as OpenAI) as required to generate responses.
No Model Training. We do not use your data to train or improve our models or third-party models.
OpenAI API Compliance. All input/output processing is subject to OpenAI's API Terms and Data Usage policies. We do not store or retain API payloads beyond what is needed to support the Service.
Deletion Requests. Users may request access to or deletion of their personal data by contacting support@discordfaux.com.
You may not access or use the Service if you are (a) located in, or a resident of, a country or region subject to comprehensive U.S. sanctions, or (b) a person on any U.S. or EU denied-parties list. You agree not to export or re-export the Service in violation of applicable export laws.
The Service may depend on third-party platforms (e.g., Discord, hosting, and large-language-model APIs). We are not responsible for third-party services and disclaim liability arising from their acts or omissions. We do not store user credentials, passwords, or Discord tokens.
We may modify the Service or these Terms at any time. Material changes will be posted at least 30 days before taking effect and, for paid subscriptions, communicated by email. Continued use after the effective date constitutes acceptance. If you object, your sole remedy is to stop using the Service before the change takes effect.
You may stop using the Service at any time. We may suspend or terminate your access immediately if you breach these Terms, violate law, or to comply with legal or security obligations. On termination, your licenses end and we may delete your data after any retention periods stated herein.
The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will be error-free, secure, or that content will be accurate or safe.
To the maximum extent permitted by law, neither Discord Faux nor its licensors shall be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising from or related to the Service or these Terms, even if advised of the possibility. Our aggregate liability for all claims shall not exceed the greater of USD $100 or the amounts paid by you to us for the Service in the 6 months preceding the event.
This cap does not apply to (a) your indemnity obligations; (b) our willful misconduct; or (c) liability that cannot be limited under applicable law.
You will indemnify, defend, and hold harmless Discord Faux and its affiliates, and their officers, directors, employees, and agents, from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your access to or use of the Service, (b) your User Content, or (c) your violation of these Terms or law.
These Terms are governed by the laws of the United States, without regard to conflict-of-laws principles. Any dispute we cannot resolve informally shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in English. Each party waives the right to a jury trial and to participate in class actions.
EU AI Act Transparency. We may classify certain personas as general-purpose AI systems (GPAI) under Regulation (EU) 2024/1234. We will publish required model cards and risk logs and may impose further usage restrictions as the Act's obligations phase in.
Bias Audit Requirements. The Service is not intended for automated employment decision tools. If you deploy it in such a manner, you are solely responsible for conducting any legally required bias audits and providing public-facing summaries.
Prohibited Uses. You may not use the Service for facial recognition, biometric identification, or other prohibited AI uses under applicable law.
Sections 2-8, 9(4), 10-18, 19, and 20 survive termination of these Terms.
Entire Agreement. These Terms and the Policies are the entire agreement between you and us regarding the Service and supersede all prior agreements.
Severability. If any provision is held invalid, the remainder will remain in full force.
Assignment. You may not assign these Terms without our prior written consent. We may assign them without restriction.
Force Majeure. We are not liable for failure to perform due to causes beyond our reasonable control.
No Waiver. Our failure to enforce any provision is not a waiver.
Discord Faux LLC
Email: support@discordfaux.com
© 2023 Discord Faux. All rights reserved.