Terms of Service

1. Agreement

These Terms are an agreement between you and the operators of Swivel ("Swivel", "we", "us"). They cover the Swivel Discord bot, the website and dashboard, Premium, and anything else we provide (together, the "Service"). By adding Swivel to a server, logging in to the dashboard, or using the Service in any way, you accept these Terms. If you do not accept them, do not use the Service.

If you add Swivel to a server or manage it for a server, you also accept these Terms on behalf of that server, and you confirm you are allowed to do so.

2. Eligibility

You must meet Discord's minimum age requirement for your country and follow Discord's Terms of Service. If you use Roblox features, you must also follow Roblox's terms. If you are under the age of majority where you live, you confirm that a parent or guardian has agreed to these Terms for you.

3. The Service is provided as it is

We offer the Service free of charge or at a low price, and we make it available "as is" and "as available". To the fullest extent the law allows, we give no warranties of any kind, whether express, implied or statutory. This includes any warranty of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, security, or that the Service will be free of errors, bugs, interruptions or data loss.

The Service relies on Discord, Roblox, hosting providers and other third parties that we do not control. We are not responsible for their outages, changes, decisions or rate limits, or for what happens to the Service because of them.

4. Your responsibilities

You are solely responsible for how you and your server use Swivel, including every moderation action, role change, message and setting made with it, whether you made it yourself or it happened automatically from your settings. Check your settings before turning features on. We are not responsible for members being wrongly warned, muted, kicked, banned, verified or given roles, or for messages that were deleted or not deleted.

You agree not to:

• use the Service to break any law or anyone else's rights, or to harass, threaten, spam, scam or harm anyone;
• use the Service in a way that breaks Discord's or Roblox's rules;
• try to get into parts of the Service, accounts or data you are not allowed to access, or test, probe or scan the Service for weaknesses;
• overload, disrupt, reverse engineer, copy, resell or build a competing product from the Service;
• abuse, exploit or get around limits, Premium features, blacklists or any other restriction;
• use bots, scripts or automation against the website or API without our written permission.

5. Our rights

We may, at any time, for any reason or no reason, and without notice or liability:

• change, add, limit or remove any feature, command, limit or part of the Service;
• suspend or end the Service, in whole or in part, for everyone or for any user or server;
• blacklist, restrict or remove any user or server, and remove Swivel from any server;
• delete or keep any data, subject to our Privacy Policy.

Decisions about blacklists, restrictions and removals are ours alone and are final. We may explain them, but we don't have to.

6. Premium and payments

Premium is a paid subscription that unlocks extra features or higher limits for a server. Payments are handled by our payment processor, Stripe, and are also covered by Stripe's terms.

• Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time, and Premium stays active until the end of the period you already paid for.
• All payments are final and non-refundable, including for partial periods, unused features, downtime, removed features, or a server or user being blacklisted or removed for breaking these Terms, except where the law requires otherwise.
• We may change prices and what Premium includes. Price changes apply from your next billing period.
• If you open a chargeback or payment dispute without contacting us first, we may end your Premium and restrict your account and servers.

7. Content and data you provide

You keep ownership of the content you put into the Service, such as messages, embeds, application questions and settings. You give us a worldwide, royalty-free, non-exclusive licence to host, store, copy, process, display and use that content as needed to run, secure, improve and promote the Service. You confirm you have the rights to everything you provide and that it doesn't break any law or anyone else's rights.

Suggestions and feedback you send us can be used by us freely, without any obligation to you.

8. Our property

The Service, including its code, design, name, logo and content, belongs to us and our licensors. These Terms don't give you any ownership or any right to use our name or branding. You get a limited, personal, revocable, non-transferable permission to use the Service as these Terms allow.

9. Limitation of liability

To the fullest extent the law allows, Swivel, its operators, staff, contributors and partners will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, members, reputation or goodwill, arising from or related to the Service or these Terms, even if we were told such damages were possible.

Our total liability for all claims related to the Service is limited to the greater of (a) the amount you paid us in the three months before the claim arose, or (b) ten US dollars (USD $10). Some places don't allow certain limits, so some of these may not apply to you. Where that is the case, our liability is limited to the smallest amount the law permits.

10. Indemnity

You agree to defend, indemnify and hold harmless Swivel, its operators, staff, contributors and partners from any claim, demand, loss, liability, damage, cost or expense, including reasonable legal fees, that arises from your use of the Service, your server, your content, your breach of these Terms, or your breach of any law or anyone else's rights.

11. Disputes

If you have a problem with the Service, contact us in the support server first and give us at least 30 days to try to sort it out. To the fullest extent the law allows, any dispute that isn't resolved will be settled by binding individual arbitration, not in court, except that either side may bring a claim in small claims court. You waive any right to a jury trial and to take part in a class action or class arbitration. Any claim must be brought within one year of when it arose, or it is permanently barred.

These Terms are governed by the laws of the place where Swivel's operator lives, without regard to conflict-of-law rules.

12. Changes to these Terms

We may change these Terms at any time by posting a new version on this page. Changes take effect when posted. If you keep using the Service after that, you accept the new Terms.

13. General

These Terms and our Privacy Policy are the whole agreement between you and us about the Service. If any part is found unenforceable, it is limited only as much as needed, and the rest stays in force. If we don't enforce a part of these Terms, that doesn't waive our right to enforce it later. You may not transfer your rights under these Terms. We may transfer ours at any time. Sections that by their nature should survive the end of these Terms, including sections 3, 6 to 11 and 13, survive.