3.1 Provider

Unless specified otherwise in these Terms or on the Platform, Mitsuki's services are operated and provided by Mitsuki ("Mitsuki", "we", "us" or "our"). Mitsuki is not acting as an agent or service provider of the Discord platform (available at https://discord.com) and/or its owner(s) or representative(s).

3.2 User's Eligibility

3.3 Services

Users have access to the services described on the Platform, in the form and according to the technical means and functionalities that Mitsuki deems most appropriate. You expressly acknowledge that Mitsuki's services may evolve at Mitsuki's discretion.

The main services offered by Mitsuki include, but are not limited to:

3.4 Account Requirements

To use Mitsuki's services, Users shall have a valid Discord account, providing all required data or information in a complete and truthful manner. If we have any reason to believe that such information is not true, accurate or complete, we may refuse your access to the Platform, or any of its services, and deny, terminate or suspend your access.

Users are responsible for keeping their Discord login credentials confidential and safe. Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform Mitsuki if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

3.5 Service Termination

Termination by Mitsuki
Mitsuki may at any time and without liability, terminate, suspend, or limit your use of the services, in the event that:
a) We reasonably suspect you of acting in breach of these Terms
b) We are required to do so by applicable law, regulation or any court or other authority
c) We have concerns about the security of your account
d) We suspect the services are being used in a fraudulent or unauthorized manner
e) We reasonably believe that we need to do so in order to protect our reputation

You shall not be entitled to any payment, compensation or damages whatsoever from Mitsuki in relation to any suspension, limitation or termination of your use of the services due to a breach of the Terms.

Our rights of suspension, limitation and termination under these Terms shall be without prejudice to any other rights or remedies which we may have (whether under the Terms or applicable law and regulations).

Consequences of Termination
Upon the effective date of termination, all rights granted under the Terms shall immediately terminate and you shall immediately cease all use of Mitsuki and related services.

4.1  Ownership

All rights, title, and interest in and to Mitsuki's services, including all intellectual property rights, are and will remain the exclusive property of Mitsuki and its licensors. This includes, but is not limited to, all software, code, algorithms, features, trademarks, service marks, logos, and any related documentation or content.

4.2 Limited License

Subject to your compliance with these Terms, Mitsuki grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our services solely for your personal or organizational use through Discord in accordance with these Terms.

4.3 Restrictions

You shall not:
a) Copy, modify, adapt, translate, or create derivative works based upon Mitsuki's services
b) Reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying algorithms of Mitsuki's services
c) Rent, lease, resell, distribute, or use Mitsuki's services for commercial purposes without explicit authorization
d) Remove, obscure, or alter any proprietary notices or labels on Mitsuki's services
e) Use Mitsuki's trademarks, logos, or branding without explicit written permission

4.4 User Content

You retain all rights to any content you submit, post, or display through Mitsuki's services ("User Content"). By providing User Content through our services, you grant Mitsuki a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based upon, distribute, and display your User Content solely for the purposes of operating, developing, and improving our services.

4.5 Feedback

If you provide Mitsuki with any feedback, suggestions, or recommendations regarding our services ("Feedback"), you hereby grant Mitsuki an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free right to use such Feedback for any purpose without compensation or attribution to you.

4.6 Copyright Infringement

We respect the intellectual property rights of others and expect users of Mitsuki to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

5.1 Service Disclaimer

Mitsuki's services are provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that our services will be uninterrupted, timely, secure, or error-free.

5.2 Limitation of Liability

To the maximum extent permitted by applicable law, Mitsuki shall not be liable for:
a) Any indirect, incidental, special, consequential, or punitive damages
b) Any loss of profits, data, use, goodwill, or other intangible losses
c) Any damages resulting from your use or inability to use our services
d) Any damages relating to errors, mistakes, or inaccuracies in our services
e) Any damages resulting from unauthorized access to or use of our servers
f) Any service interruptions or cessation of services

5.3 Indemnification

You agree to defend, indemnify, and hold harmless Mitsuki from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our services, or your violation of these Terms.

5.4 Force Majeure

Mitsuki shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of god, war, terrorism, pandemic, natural disasters, power failures, or internet disturbances.

6.1 Discord Platform

Mitsuki operates as a bot on the Discord platform but is not affiliated with, endorsed by, or associated with Discord Inc. Your use of Discord's services is governed by Discord's own Terms of Service and Privacy Policy. Any issues related to Discord's platform should be directed to Discord.

6.2 Third-Party Integrations

Our services may include or interact with third-party services, content, and integrations. We are not responsible for:
a) The availability or accuracy of such third-party services
b) The content, products, or services offered by third parties
c) Any damages or losses caused by your use of third-party services
d) The privacy practices or security measures of third parties

6.3 External Links

Our Platform may contain links to external websites or services. These links are provided for your convenience only. We do not:
a) Control or monitor these external sites
b) Endorse or assume responsibility for their content
c) Guarantee their safety or security
d) Accept liability for any losses or damages arising from your use of external links

6.4 Third-Party Content

Users may access third-party content through our services. Such content is the sole responsibility of the party that makes it available. We may review but do not endorse or assume responsibility for any third-party content.

7.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Your use of Mitsuki may also be subject to other local, state, national, or international laws.

7.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved:
a) First through informal negotiation - you agree to contact us first and attempt to resolve any disputes amicably
b) If informal resolution fails, any disputes shall be resolved exclusively by the competent courts in the Netherlands
c) You agree that any proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action

7.3 Severability

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

7.4 Entire Agreement

These Terms constitute the entire agreement between you and Mitsuki regarding your use of our services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

7.5 Waiver

No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions, and no waiver shall be effective unless made in writing and signed by an authorized representative of Mitsuki.

7.6 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Mitsuki's prior written consent. Mitsuki may assign or transfer these Terms, at its sole discretion, without restriction.

7.7 Contact Information

For any questions about these Terms, please contact us at:

Email: support@mitsuki.gg
Discord Server: https://discord.gg/KguTKZNen6
Website: https://mitsuki.gg

8.1 Modifications

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make changes:
a) We will update the "Last Modified" date at the top of these Terms
b) We will notify users of material changes through our Discord server or Platform
c) Continued use of Mitsuki's services after changes constitutes acceptance of the new Terms

8.2 Review Responsibility

You are responsible for reviewing these Terms periodically for any updates or changes. Your continued use of Mitsuki's services following the posting of any changes to these Terms constitutes acceptance of those changes.

8.3 Material Changes

For material changes to these Terms:
a) We will make reasonable efforts to provide notice
b) We may require explicit acknowledgment of new Terms before continued use
c) If you do not agree with the changes, you must discontinue using our services