Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and avionico Modmail ("we," "us," or "our"), concerning your access to and use of the avionico Modmail website and our Discord bot hosting services (collectively, the "Services").

By registering an account, connecting via Discord OAuth, or utilizing our Services, you confirm that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

Notification of Changes: We may send you important notices, including updates to these Terms, service announcements, and account-related communications, via Discord direct message using our official bot. By using the Services, you consent to receiving such messages.

2. Eligibility and Restrictions

To use the Services, you must be at least 13 years of age, or the minimum age of digital consent in your country of residence (whichever is higher). By using the Services, you represent and warrant that you meet these requirements in compliance with Discord's Terms of Service.

Acceptable Use Policy: You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all applicable laws, rules, and regulations. Specifically, you agree NOT to:

• Facilitate or engage in any illegal activities, including but not limited to the distribution of illicit material, CSAM, fraud, or harassment.
• Violate the Discord Terms of Service or Developer Policies.
• Attempt to exploit, hack, or disrupt the integrity or performance of the Service infrastructure.
• Spam, abuse, or artificially inflate request volumes to overwhelm API limits.
• Host bots that impersonate individuals, entities, or official Discord staff.

Violation of the Acceptable Use Policy will result in immediate termination of your account and a permanent ban without refund, and reporting to relevant authorities or Discord Trust & Safety where necessary.

3. Community Membership Requirement

As a condition of using avionico Modmail, all users must remain active members of the official avionico Discord server for the duration of their use of the Service.

• Active Membership: Membership in the avionico Discord server is required to keep your hosted bots operational. This requirement exists so we can provide timely support, broadcast critical service updates, and maintain direct communication with our user base.
• Automatic Suspension: If you leave or are removed from the avionico Discord server, all of your hosted bots will be automatically suspended. You will be notified via your dashboard. Bots will remain suspended until you rejoin the server, at which point you may manually restart them from your dashboard.
• No Refunds for Suspension: Suspension resulting from leaving the server does not entitle you to a refund of any subscription fees already paid for that billing period.

You can join the avionico Discord server at any time. If you believe your bots were suspended in error, please open a support ticket through the dashboard.

4. Subscriptions, Payments, and Billing

We offer both a free tier and premium subscription tiers for our hosting services. Premium subscriptions unlock additional features, improved resource limits, and priority support.

• Billing Cycle: Services are billed on a subscription basis (e.g., monthly). You will be billed in advance on a recurring, periodic basis.
• Payment Methods: We accept payments via Stripe (credit/debit cards). We also offer alternative payments via Roblox currency (Robux) where applicable.
• Cancellations: You may cancel your subscription at any time through the billing dashboard. Your access to premium features will continue until the end of the current billing cycle.
• Refunds: Except when required by law, paid subscription fees are non-refundable. We do not provide refunds or credits for any partial subscription periods.
• Data Retention After Downgrade: When a Premium subscription expires or is cancelled, your bot's ticket logs and history are retained for 30 days. After this grace period, logs are permanently deleted. Upgrading again within 30 days restores full access to your data.

5. Service Availability and "As Is" Basis

We strive to maintain a 99.9% uptime for our bot hosting infrastructure; however, the Service is provided on an "AS IS" and "AS AVAILABLE" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of the Service, the accuracy of the information, or the continuity of Discord API connectivity.

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

6. User Data and Privacy

By utilizing avionico Modmail, you grant us permission to process the data transmitted through your bot instance in order to operate the Service. You retain all rights and ownership to the data you input.

You represent and warrant that you have obtained any necessary consent from members of your Discord server to use a third-party service to process and log their messages.

AI Services: Use of the AI Assistant feature is subject to our data processing agreements with our AI providers (Mistral AI). You agree that data shared with the AI Assistant will be processed in accordance with our Privacy Policy.

For more information on how we handle user data, please refer to our Privacy Policy.

7. Intellectual Property

The Service and its original content (excluding user-provided content), features, and functionality are and will remain the exclusive property of avionico Modmail and its licensors. The Service is protected by copyright, trademark, and other laws of both the European Union and foreign countries.

8. Limitation of Liability

In no event shall avionico Modmail, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory.

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

10. Contact Information

If you have any questions about these Terms, please contact us via our official Discord support server or email us at support@modmail.avioni.co.