Plunkbot - Terms of Service

Plunkbot Comprehensive Terms of Service

Last Updated: December 23, 2024

1. Acceptance of Terms

By using the Plunk Discord bot ("Plunkbot," "the Bot," "we," "our," or "us"), a service provided by Before We Go Public, LLC, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not use our services.

2. Compliance with Discord's Developer Terms of Service

Plunkbot, operated by Before We Go Public, LLC, complies with Discord's Developer Terms of Service and API Terms of Service. By using Plunkbot, you also agree to abide by Discord's Terms of Service.

3. Description of Service

Plunkbot, created and maintained by Before We Go Public, LLC, provides image analysis and listing services for video games, trading cards, and comic books within Discord servers.

4. User Responsibilities and Conduct

  1. You are responsible for any content you submit to the Bot, including images and item descriptions.
  2. You agree not to use the Bot for any illegal or unauthorized purpose.
  3. You must not transmit any worms, viruses, or any code of a destructive nature.
  4. Prohibited activities include, but are not limited to:
    • Attempting to access, tamper with, or use non-public areas of the Bot's systems
    • Probing, scanning, or testing the vulnerability of any system or network
    • Automated use of the system, such as using scripts to send commands
    • Impersonating another user or entity
    • Harassing, threatening, or intimidating other users
    • Posting false, inaccurate, or misleading content

5. Intellectual Property

  1. You retain all ownership rights to the content you submit to the Bot.
  2. By submitting content, you grant Before We Go Public, LLC and Plunkbot a worldwide, non-exclusive, royalty-free license to use, reproduce, and display the content in connection with the provided services.
  3. You represent and warrant that you have all necessary rights to grant this license.

6. Privacy and Data Usage

  1. Before We Go Public, LLC collects and stores data necessary for Plunkbot's functionality, including images and user-provided information.
  2. We only access message content when explicitly invoked by a user command and do not store message content beyond the immediate processing need.
  3. We do not fetch or store member lists of Discord servers.
  4. For full details on our data practices, please refer to our Privacy Policy.

7. Data Security

Before We Go Public, LLC implements robust security measures to protect your data, including:

  1. Encryption of data in transit and at rest
  2. Regular security audits and penetration testing
  3. Access controls and authentication mechanisms
  4. Firewalls and intrusion detection systems
  5. Regular software updates and patch management

8. OAuth2 and Permissions

  1. Plunkbot uses Discord's OAuth2 system to request necessary permissions.
  2. You will be prompted to approve these permissions when adding Plunkbot to a server or using certain features.
  3. We only request permissions that are essential for the Bot's functionality.

9. Third-Party Services

  1. Plunkbot relies on third-party services, including:
    • Discord's platform and API
    • OpenAI's API for image analysis
    • Cloud hosting services
  2. Use of Plunkbot is also subject to the terms and conditions of these third-party services where applicable.
  3. We are not responsible for the practices of any third-party services.

10. Accuracy of Information and AI Usage

  1. Plunkbot uses AI to analyze images and provide item information. While we strive for accuracy, we do not guarantee the precision of AI-generated descriptions, prices, or condition assessments.
  2. Any prices or valuations provided by the Bot are estimates and should not be considered as official appraisals.
  3. Market conditions can change rapidly, and actual sale prices may differ from the Bot's estimates.
  4. Users should verify any critical information independently.
  5. We expressly disclaim any warranties or representations regarding the accuracy, reliability, or completeness of any information provided by the Bot.
  6. Users acknowledge and accept that they use the Bot's analysis and pricing estimates at their own risk.

11. Limitation of Liability

  1. Before We Go Public, LLC, Plunkbot, and their operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the service.
  2. We are not responsible for any losses or damages arising from your use of, or reliance on, the Bot's services.
  3. Our liability is limited to the maximum extent permitted by law.

12. Modifications to Service

  1. Before We Go Public, LLC reserves the right to modify or discontinue Plunkbot at any time without notice.
  2. We may release new features, change existing features, or remove features without notice.

13. Age Restriction

Users must be at least 13 years old to use Plunkbot, in compliance with Discord's Terms of Service.

14. Data Retention and Deletion

  1. Before We Go Public, LLC retains user data only as long as necessary for the Bot's functionality.
  2. Users may request deletion of their personal data by contacting us through the designated channels.
  3. We may retain certain data as required by law or for legitimate business purposes.

15. Verification and Compliance

  1. Before We Go Public, LLC is committed to maintaining compliance with Discord's Developer Terms of Service.
  2. We will participate in any verification processes required by Discord for bots in our usage tier.
  3. We may be required to share certain information with Discord as part of these verification processes.

16. Changes to Terms

  1. Before We Go Public, LLC reserves the right to update these Terms at any time. Users will be notified of any material changes at least 14 days before they take effect.
  2. Notification methods may include Discord announcements, direct messages, or updates to the Bot's status.
  3. Your continued use of Plunkbot after the effective date of any changes constitutes your acceptance of the new Terms.

17. Peer-to-Peer Transactions and Liability

  1. Plunkbot's primary function is to facilitate the creation of listings for items. The Bot does not directly engage in buying, selling, or exchanging of items between users.
  2. All transactions are solely between the involved parties.
  3. Users are solely responsible for all aspects of peer-to-peer transactions, including but not limited to:
    • Verifying the accuracy of listing information
    • Ensuring the legitimacy and condition of items
    • Negotiating terms of sale
    • Arranging payment and delivery
    • Complying with all applicable laws and regulations
  4. Plunkbot and its operators shall not be liable for any disputes, losses, or damages arising from peer-to-peer transactions.

18. Service Availability and Force Majeure

  1. Before We Go Public, LLC strives to provide Plunkbot's services on a 24/7 basis, but we do not guarantee uninterrupted, secure, or error-free operation.
  2. We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:
    • Acts of God, natural disasters, or extreme weather events
    • War, terrorism, riots, civil unrest, or government actions
    • Strikes or labor disputes
    • Cyber attacks or other malicious activities
    • Failures or fluctuations in electrical power, heat, light, or telecommunications equipment

19. Indemnification

You agree to indemnify and hold harmless Before We Go Public, LLC, Plunkbot, its operators, affiliates, and respective officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Bot, violation of these Terms, or infringement of any rights of another.

20. Dispute Resolution

  1. Any disputes arising from the use of Plunkbot will first be tried to be resolved amicably.
  2. If no resolution is reached, the dispute shall be settled by binding arbitration in accordance with the laws of Delaware, United States.
  3. The arbitration shall take place in Delaware, United States and be conducted in English.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

22. Entire Agreement

These Terms constitute the entire agreement between you and Before We Go Public, LLC regarding the use of the Plunkbot service, superseding any prior agreements between you and us relating to your use of the Bot.

23. Contact Information

For any questions or concerns regarding these Terms or Plunkbot's services, please contact Before We Go Public, LLC at support@plunkbot.com.

24. Export Control

Users agree to comply with all applicable export control laws and regulations when using Plunkbot. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

25. Termination

  1. Before We Go Public, LLC reserves the right to terminate or suspend your access to Plunkbot, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
  2. Upon termination, your right to use the Bot will immediately cease.
  3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

26. User Content and Moderation

  1. Before We Go Public, LLC reserves the right to monitor, edit, or remove any content submitted to Plunkbot that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  2. We may take these actions without prior notification to the user.
  3. Failure to enforce this policy in some instances does not constitute a waiver of our right to enforce it in other instances.

By using Plunkbot, you acknowledge that you have read, understood, and agree to be bound by these comprehensive Terms of Service provided by Before We Go Public, LLC.