Terms of Service

Agreement

These Terms of Service (these “Terms”) constitute a legally binding agreement between you and Brilliant Bot (the “Company”). These Terms govern all access to and use of Brilliant, including Modmail and this website. They are made for the benefit of, and may be enforced by, the Company’s creators, staff and every other person taking part in the provision of Brilliant (together with the Company, the “Released Parties”). If you do not agree to these Terms, you shall not access or use Brilliant.

Acceptance

By adding Brilliant to a server, you accept these Terms in respect of that server, represent that you have authority to bind it, and accept responsibility for its staff and members. You shall comply with the terms of service of Discord. By using Brilliant, you acknowledge that you have read and understood these Terms and that you were free to decline them by refraining from use. The Privacy Policy, the AI Transparency page and the Security page are incorporated into these Terms. In the event of any conflict with these Terms concerning liability or disputes, these Terms shall control.

Capacity

You must be at least thirteen (13) years old and old enough to use Discord where you live. If you are under eighteen (18), or under the age of majority where you live, you may use Brilliant only with the permission of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of Brilliant. Adding, configuring or using Brilliant constitutes an electronic signature.

Any adult who owns, administers or configures a server on which Brilliant operates, or who purchases a key for it, is bound by these Terms in respect of that server and is responsible for its staff and members, including members under the age of eighteen (18). A Blackstar key may be purchased only by a person old enough to make a binding contract. A person under eighteen (18) may use a key an adult purchased for that server, and the purchaser is the party to the paid terms. The Company may withhold a shared listing or any other action that affects a person outside a server for which no adult has accepted these Terms. The release, the limitation of liability, the indemnity and the provisions governing disputes shall survive any cessation of use.

The service

Brilliant moderates Discord servers by automated means, including by imposing timeouts, kicks and bans. Brilliant, including its artificial intelligence, will from time to time act upon harmless conduct or fail to act upon harmful conduct. The Company may modify, suspend or discontinue any part of Brilliant at any time, without notice, and does not undertake that Brilliant will be available, accurate or supported.

Obligations of a server operator

If you operate a server, you are solely responsible for moderation upon it, including your settings, every action Brilliant takes under those settings, your staff, notice to your members, compliance with applicable law and the maintenance of your own backups. You are further responsible for any claim brought by your staff or your members arising out of that use. You shall not use Brilliant to harass any person or to violate the law, to attack or overload Brilliant, to obtain access to data that is not yours, or to forge, share or resell licence keys.

What these Terms cover

These Terms apply to Brilliant: the bot, Modmail and this website. The Company does not control Discord, a server’s staff, its members, or anyone else acting outside Brilliant, and is not liable for what they do. A person who has not accepted these Terms is not made a party to them. A person who uses Modmail, issues a command or otherwise communicates with Brilliant accepts these Terms by that communication, to the extent the law gives effect to such acceptance.

Licences, suspension and ownership

A Blackstar key operates upon a single server and is not transferable. Its price and term are those stated at the point at which it is obtained. Only a person old enough to make a binding contract may purchase a key. Except where applicable law requires a refund, a fee is not refundable once a key has been issued. Blackstar is not offered for sale in the European Union or the United Kingdom. A server in either territory may receive a licence only without charge, and only through a programme operated by the Company. The Company may revoke any licence used in breach of these Terms, and may refuse or discontinue any person’s use of Brilliant, in each case at its sole discretion. Removal of Brilliant does not delete the data of a server. Only the owner of that server may request deletion. Brilliant and its software are and shall remain the property of the Company. The Company may use any feedback you provide, without restriction and without payment. Brilliant is not affiliated with Discord Inc.

Disclaimer of warranties

Brilliant is provided “as is” and “as available”, at your sole risk. You acknowledge that Brilliant will err, and that a server may be wrongly moderated, left unprotected or otherwise disrupted. To the fullest extent permitted by law, the Company disclaims every warranty, whether express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, accuracy, availability, security and non-infringement. Your sole remedy is to cease use of Brilliant.

Release and limitation of liability

By using Brilliant, you release and forever discharge the Released Parties from all harm arising out of that use, to the fullest extent permitted by law. This release extends to every theory of liability, including contract, negligence, strict liability, statute, privacy, consumer protection, defamation and emotional distress. It extends to any moderation action taken or omitted; any detection that is wrong or missed, including by artificial intelligence; any timeout, kick, ban or other restriction; any loss of members, messages, data, revenue or reputation; any act or omission of Discord, of a server’s staff or of any other third party; any unauthorised access; Brilliant being inaccurate, unavailable, modified or discontinued; any punitive, exemplary or multiplied damages; and any other loss arising out of the use of Brilliant or the inability to use it. This release is a complete defence to any such claim.

You give this release in respect of claims known and unknown, including claims arising after acceptance. To the extent permitted by law, you waive any rule that would preserve a claim solely because you did not know of it at the time of acceptance, and you waive any right to injunctive or other equitable relief that would require a Released Party to make any payment, to restore data, to reverse a moderation action or to modify Brilliant. Each Released Party may enforce this release. A claim against any one Released Party is a claim against all of them and shall not give rise to a separate payment. You covenant not to sue any Released Party upon a claim covered by this release, and not to join any other person’s proceeding concerning such a claim.

To the fullest extent permitted by law, the Released Parties shall have no liability for damages, any refund, any credit or any other payment, whether jointly or severally. Where any liability cannot be excluded, the total liability of all Released Parties together, for all claims combined, shall not exceed the greater of the amount you paid the Company during the twelve (12) months preceding the claim and fifty United States dollars (US$50). Nothing in these Terms excludes or limits liability for fraud, or for death or personal injury resulting from negligence, where applicable law does not permit that liability to be excluded or limited. If any category of claim cannot be released or limited, the remainder of this section shall continue in force.

Indemnity

You shall indemnify, defend and hold harmless the Released Parties from and against any claim, and from the losses, costs and reasonable legal fees arising out of it, brought against any of them by reason of your server, your settings, your staff, your members, your content, a moderation action upon your server, or your breach of these Terms or of applicable law, including a claim that names a Released Party for a matter for which you were responsible.

Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws rules. That choice is the law of this contract. It is not a statement of where any person resides. Notices under these Terms are given by email to [email protected], and these Terms publish no residential address. Before commencing any proceeding, you shall give written notice to that address, setting out the claim, the facts and the relief sought, and shall then allow thirty (30) days to elapse. Any claim brought more than one (1) year after it accrued is released. You may proceed solely in your individual capacity. You waive any class, collective, representative or other group proceeding, whether in court or in arbitration, and that waiver shall survive even if the remainder of this section does not.

To the extent permitted by law, any claim that these Terms do not release shall be determined by confidential, binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The seat of the arbitration is Wilmington, Delaware. It shall be conducted by written submission, telephone or video, and neither party is required to travel. The Federal Arbitration Act governs this arbitration agreement. The arbitrator shall decide any dispute about the interpretation, applicability or enforceability of this agreement, including whether a claim is arbitrable, except that a court may decide the scope or enforceability of the class waiver. The arbitrator shall be bound by these Terms, including their limits on liability, and shall not determine any claim on behalf of any person other than you. If the class waiver is found unenforceable as to any claim, that claim shall proceed in court and shall never be arbitrated on a class, collective or representative basis. A claim for public injunctive relief that the law does not permit to be waived shall be severed, stayed until the arbitration ends, and decided by a court. The Company shall pay any filing fee that those rules require it to pay in order that the arbitration may proceed. A party may bring an individual claim in a small-claims court instead of arbitration, but only for relief these Terms allow. Otherwise, the state and federal courts in Wilmington, Delaware may only compel arbitration, stay a proceeding that belongs in arbitration, or enter judgment upon the award. You may opt out of this arbitration agreement alone, and of no other provision, by email to the address above within thirty (30) days of first accepting these Terms. You and the Company each waive trial by jury, and no award or judgment shall exceed these Terms. The dispute shall remain confidential except as required to enforce the result or as required by law.

A failure to enforce any provision on one occasion is not a waiver of it. These Terms constitute the entire agreement concerning Brilliant. If any provision of these Terms is held unenforceable, the remaining provisions shall continue in full force. The Company may assign these Terms, including upon a sale or reorganisation, without your consent. You may not assign them. A chargeback or other reversal of a payment for a key that has been issued is a breach of these Terms, and the Company may revoke that licence.

The Company may amend these Terms by posting a revised version on this page with a new effective date. An amendment takes effect fourteen (14) days after it is posted, or at once where the change is required by law or concerns security. An amendment does not apply to any dispute of which notice was given before it took effect. Use of Brilliant after an amendment takes effect constitutes acceptance of the amended Terms.