Rui - Terms of Service

Welcome to JCall Engineer LLC’s Terms of Service for the Rui Discord bot and its associated functions and capabilities (collectively the “Services”). Please read these Terms of Service (the “Agreement”) carefully before accessing, using or interacting with the Services. This is a contract between you (the user of the Services) and JCall Engineer LLC (“we”, “us”, “our”).

Unless otherwise disclosed to you when purchasing a subscription to use the Services, subscriptions continue indefinitely and you will continue to be charged the applicable recurring subscription fee as agreed, and as amended from time to time, until you cancel your subscription. Please see Section 3 below and review it carefully before subscribing.

1. Accepting the Terms of Service.

   1. Please read this Agreement carefully before accessing, using, or interacting with the Services. If you don’t agree to all the terms of this Agreement, you may not use the Services. By accessing, using, installing, configuring, or interacting with any of the Services you accept and agree to this Agreement.

   2. We may modify the terms of this Agreement (“Updated Terms”) from time to time at our sole discretion. If we make a material change to this Agreement, we will give you notice by posting a notice in the Services, sending you an e-mail, sending you a message on Discord or via any other method we feel is appropriate. We encourage you to review this Agreement periodically. Your continued use of the Services means that you accept and agree to the Updated Terms.

2. Services and Eligibility.

   1. We reserve the right to modify or discontinue the Services at any time and for any reason without providing prior notice thereof. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services except to refund fees you paid for time periods during which we did not provide the applicable Services as described in subsection 3.5.1 herein.

   2. You must be at least 18 years of age to access and use the Services. If you are not at least 18 years old, you must not use the Services.

   3. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Agreement’s terms. Furthermore, if you purchase a subscription and allocate your associated access to Discord guild(s), you represent and warrant that you have the right, authority, and capacity to enter into this Agreement on behalf of the members of such Discord guild(s).

3. Paid Subscriptions.

   All purchases of access to the Services are governed by the terms and conditions set forth in this Section 3 and all other terms and conditions agreed to you when completing the subscription process (the “Subscription Terms”).

   1. Accepting the Paid Subscription Terms.

      1. By purchasing a subscription, you acknowledge and agree to the Subscription Terms. To the extent Subscription Terms conflict with other Sections of this Agreement or the Privacy Policy, the Subscription Terms shall take precedence.

      2. We may change the Subscription Terms from time to time at our sole discretion, provided that we will not change terms that materially impact an existing subscription without either your consent or until after we’ve given you notice and an opportunity to cancel such subscription. We will use what we believe are reasonable efforts to provide notice of any material changes, including via Discord messages or email. If you do not cancel your subscription following such notice, you will be deemed to have accepted the revised terms.

   2. Fees; Fee Adjustments; Renewals.

      1. The subscription is for access to the Services at the price we disclose to you at the time you purchase your subscription or as changed from time to time in accordance with subsection 3.2.4 herein. We may add any taxes or other charges required by law. We may correct any billing errors or mistakes even if we have already requested or received payment.

      2. A “Billing Period” means the period of time set forth in the Subscription Terms you agreed to when purchasing your subscription.

      3. Following the end of a Billing Period, your subscription will automatically renew (unless otherwise provided in your Subscription Terms) and the subscription fee for the same number of Discord guilds you initially selected (or for the number you most recently modified your subscription to include) will automatically be charged to your payment method on the first day of the new Billing Period until you cancel or modify the subscription, or we suspend paid services or your access thereto.

      4. We may adjust the subscription fee at any time and at our sole discretion provided, however, that the new price will not become effective until at least 60 days following the date notice was provided for such adjustment and at the beginning of a new Billing Period.

   3. Access to Paid Services.

      Your purchase of a subscription grants only a limited, non-exclusive, non-transferable right to use, configure and apply applicable Services to the Discord guild(s) of your choosing during the Billing Term. This license begins after you successfully submit your payment details to us or the applicable third party and complete the checkout process. We may withdraw or suspend your access at any time and for any reason. Please see subsection 3.5 of these Subscription Terms for our refund policy.

   4. Payment & Billing; Modification; Cancellation.

      1. Unless otherwise agreed to in your Subscription Terms, subscriptions continue indefinitely until cancelled. You will be billed on a recurring basis on the first day of each Billing Period and you agree to pay and you authorize us (or our payment partner) to charge your payment method the then-current subscription fee for the same number of Discord guilds you initially selected (or for the number you most recently modified your subscription to include).

      2. You may modify your subscription to include additional Discord guilds at any time by visiting this link https://rui.jcall.engineer/dashboard/subscription and making and confirming such changes. The then-current subscription fee for such additional guilds will be charged immediately and will be prorated based on when you modify your subscription within your existing Billing Period. For example, if you originally subscribed on May 1 and then modify your subscription to include additional guilds on November 1, you will be charged half of the then-current subscription fee for the additional guilds.

      3. You may modify your subscription to include fewer Discord guilds at any time by visiting this link https://rui.jcall.engineer/dashboard/subscription and making and confirming such changes. There are no refunds associated with such modification, and the license to use the Services will be removed immediately. Please note that once you have made such modification, any subsequent addition of guilds—even within the same Billing Period—will result in a new charge at the then-current subscription fee for such modification under subsection 3.4.2 herein.

      4. You may cancel your subscription at any time by visiting this link https://rui.jcall.engineer/dashboard/subscription and following the instructions. Unless otherwise indicated, cancellation will take effect, and access to paid services will end at the end of the Billing Period in which you cancel.

      5. When you provide us or our payment partner with your payment information, you covenant that (i) the information will be accurate, and (ii) you are authorized to use the payment method provided.

      6. If you initiate a chargeback or otherwise reverse a payment made with your payment method, we may terminate your subscription at any time thereafter. If we successfully dispute the reversal and the reversed funds are returned, you are not entitled to a refund or to have your access reinstated.

   5. Refunds.

      Payments for subscriptions are non-refundable, except as provided in Section 3.5.1 below.

      1. If the Services you subscribe to are entirely unavailable for more than 24 continuous hours during a Billing Period you have been charged a subscription fee for, we will refund you on a prorated basis for only the period during which the paid services were entirely unavailable.

      2. If you cancel your subscription, you will not be entitled to a refund of any fees paid and your access to paid services will cease at the end of the Billing Period in which you cancel.

      3. If you modify your subscription to include fewer Discord guilds, you will not be entitled to a refund of the associated subscription fee(s) paid, and the associated access to paid services will cease immediately.

4. Term and Termination.

   We may terminate or suspend your access to or use of the Services at our sole discretion and without notice at any time. All terms of this Agreement survive and continue in full force and effect after your subscription is terminated, except for those terms that by their nature expire at termination or are fully satisfied.

5. Proprietary rights.

   1. We own and retain all proprietary rights in and related to the Services and their functionality on your Discord guild(s).

   2. Nothing in this Agreement grants you a license of any kind to or in our proprietary material or intellectual property, other than the right to use the Services as described herein. No license or rights shall be implied by conduct, course of dealing, or otherwise.

   3. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce, in any way, any copyrighted material, trade names, service marks, distinctive branding features, or other intellectual property or proprietary information owned by us.

   4. All right, title, and interest in and to the Services are and will remain our exclusive property.

6. Acceptable Use Policy

   1. You agree to comply with all applicable laws and regulations when using the Services. You agree that we may access, preserve, and disclose your information in any way described in our Privacy Policy.

   2. We reserve the right to investigate, suspend, or terminate your access to the Services if you misuse the Services or behave in a way that we regard as inappropriate or unlawful. The following is a partial list of the type of actions that you may not engage in with respect to the Services. You agree to not:

      1. remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices;

      2. sell, transfer, license or assign your subscription;

      3. express or imply that we endorse any statements you make without our specific prior written consent;

      4. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services, or cause others to do so; or

      5. post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the Services other than solely relating to your use of the Services in accordance with this Agreement.

7. Communication.

   1. You consent to receive communications from us. These communications may include, but are not limited to, administrative notices, service announcements, changes to the Services, or changes to this Agreement.

   2. We may provide you with notices relating to this Agreement or the Services using any reasonable means, including email, Discord messages, or postings on our website.

8. Privacy.

   All information we collect arising from your use of the Services is subject to our Privacy Policy https://rui.jcall.engineer/legal/privacy-policy, which is hereby incorporated into this Agreement by reference.

9. Disclaimer of Warranties.

   1. The Services may produce false positives or miss actual scams. Users and moderators should carefully review content in messages prior to interacting with such messages or taking actions based on them. The Services do not perform bans, kicks, or other irreversible moderation actions. The Services do not replace human moderation. The Services require correct configuration to function effectively. Incorrect or incomplete configuration may reduce accuracy or prevent detection entirely.

   2. We do not guarantee a minimum amount of uptime or uninterrupted access to the Services. Planned or unplanned outages may occur at any time without notice.

   3. If Discord suspends or terminates your account, you will lose access to the Services. If you otherwise lose access to your Discord account, you may lose access to the Services.

   4. To the maximum extent allowed by applicable law, we provide the Services on an “as is” basis and grant no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. We do not represent or warrant that the Services will be uninterrupted or error free, secure or that any defects or errors on the website or in the Service will be corrected.

   5. The Services are intended for users located within the United States. We make no representation that the Services are appropriate for use outside of the United States.

10. Disclaimer of Liability.

    1. Under no circumstances will JCall Engineer LLC, its affiliates, business partners, licensors or service providers be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages), even if foreseeable or if JCall Engineer LLC has been advised of or should have known of the possibility of such damages, that are directly or indirectly related to:

       1. any incorrect or incomplete action taken either by the Services, or by any other party acting on information received from the Services;

       2. any failure of the Services to remove, catch, or report fraudulent or “scam” messages or behavior;

       3. any damage to any user’s computer, mobile device, or other equipment, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work delay, accuracy of results, or computer failure.

    2. In no event will JCall Engineer LLC be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury.

    3. Notwithstanding anything to the contrary contained herein and to the extent the above waiver and limitation of liability is limited by applicable law, JCall Engineer LLC’s liability to you for any cause whatsoever, and regardless of the form of the action, will, at all times be limited to the amount paid, if any, by you to JCall Engineer LLC for the Services during the term of subscription.

    4. You agree that to the fullest extent allowed by law, any claim or cause of action arising out of or related to use of the Services or the terms of this agreement must be filed within one year after such claim or cause of action arose or be barred.

11. Class Action Waiver; Governing Law; Jurisdiction.

    1. Proceedings to resolve a dispute will be conducted on an individual basis. Neither we nor you will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No claim or proceeding can be combined with another without the prior written consent of all parties to the proceeding. If the class action waiver is found to be illegal or unenforceable as to some parts of a dispute, those parts will be severed and proceed in a separate proceeding.

    2. This Agreement, and any dispute between you and JCall Engineer LLC, shall be governed by and construed in accordance with the laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).

    3. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the courts of the State of Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Indemnification.

    You agree to indemnify and hold harmless JCall Engineer LLC, its affiliates, licensors, and service providers and their respective officers, members, managers, agents, partners and employees, for any loss, liability, claim, or demand (including reasonable attorney’s fees) arising out of or relating to your use of the Services or violation of the terms of this Agreement.

13. Other.

    1. This Agreement, the Privacy Policy, and any specific terms, guidelines or rules that are separately posted or agreed to by you when using the Services or subscribing thereto, constitute the sole and entire agreement between you and JCall Engineer LLC regarding the use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

    2. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.

    3. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

    4. No agency, partnership, joint venture or employment is created because of this Agreement and you may not make any representations or bind JCall Engineer LLC in any manner.

This document is © JCall Engineer LLC. All rights reserved.