Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Pyango GmbH ("Company," "we," "us," or "our") concerning your access to and use of the JamesAI Discord bot service and website at jamesai.ch (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Company Information

3. Eligibility

You must be at least 13 years old (or 16 in the EU) to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Service Description

JamesAI is an AI-powered Discord bot that provides conversational assistance, information retrieval, and various interactive features. The Service includes:

• AI-powered chat responses using Claude AI
• Direct message (DM) and server channel interactions
• Image analysis and processing
• Memory and context retention
• Custom tools and integrations
• Subscription-based access tiers

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

5. User Accounts and Registration

To use certain features of the Service, you must have a Discord account and authorize JamesAI to access your Discord information.

You are responsible for:

• Maintaining the security of your Discord account
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms.

6. Subscription Plans and Billing

6.1 Subscription Tiers

We offer various subscription plans with different features and token quotas:

• Free Trial: Limited access for evaluation purposes
• DM Small: Personal use with monthly token quota
• DM Large: Personal use with higher token quota
• Server Small: Server-wide access with monthly token quota
• Server Large: Server-wide access with higher token quota

6.2 Payment Terms

Subscriptions are billed monthly in advance through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis.

• All fees are in USD unless otherwise stated
• Fees are non-refundable except as required by law
• You are responsible for all applicable taxes
• Failed payments may result in service suspension

6.3 Token Quotas

Each subscription plan includes a monthly token quota. Tokens are consumed based on AI usage. If you exceed your quota:

• Service may be temporarily limited until the next billing cycle
• You may upgrade to a higher tier for additional tokens
• Unused tokens do not roll over to the next month

6.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.

We do not provide refunds for partial months or unused tokens, except as required by applicable law or at our sole discretion.

7. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any laws, regulations, or third-party rights
• Harass, abuse, threaten, or intimidate others
• Distribute spam, malware, or harmful content
• Impersonate others or misrepresent your identity
• Attempt to gain unauthorized access to systems or data
• Interfere with or disrupt the Service or servers
• Scrape, crawl, or extract data without permission
• Use the Service for illegal activities
• Generate or distribute illegal, harmful, or offensive content
• Circumvent usage limits or access controls
• Resell or redistribute the Service without authorization
• Use the Service to train competing AI models

Violation of this policy may result in immediate termination of your access without refund.

8. Content and Intellectual Property

8.1 Your Content

You retain ownership of content you submit to the Service ("Your Content"). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display Your Content solely to provide and improve the Service.

You represent and warrant that:

• You own or have rights to Your Content
• Your Content does not violate any laws or third-party rights
• Your Content does not contain malware or harmful code

8.2 AI-Generated Content

Content generated by the AI in response to your prompts ("AI Content") is provided for your use. However:

• AI Content may not be unique to you
• We do not guarantee accuracy, completeness, or reliability of AI Content
• You are responsible for reviewing and verifying AI Content before use
• AI Content may be subject to third-party intellectual property rights

8.3 Our Intellectual Property

The Service, including its design, code, features, and branding, is owned by Pyango GmbH and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

9. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

We process your data in accordance with applicable data protection laws, including GDPR and Swiss DPA.

10. Third-Party Services

The Service integrates with third-party services, including:

• Discord: Communication platform
• Anthropic (Claude AI): AI processing
• Stripe: Payment processing

Your use of these services is subject to their respective terms and policies. We are not responsible for third-party services or their availability.

11. Disclaimers and Limitations

11.1 Service Availability

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not guarantee:

• Uninterrupted or error-free operation
• Accuracy or reliability of AI responses
• Compatibility with all systems or devices
• Security against unauthorized access

11.2 AI Limitations

AI-generated content may contain errors, biases, or inaccuracies. You acknowledge that:

• AI responses are not professional advice (legal, medical, financial, etc.)
• You should verify important information independently
• We are not liable for decisions made based on AI Content

11.3 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PYANGO GMBH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Service interruptions or errors
• Unauthorized access to your data
• Third-party actions or content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR CHF 100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Pyango GmbH and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your Content

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Abuse or misuse of the Service
• At our sole discretion

Upon termination, your right to use the Service ceases immediately. Provisions that should survive termination (including liability limitations and dispute resolution) will remain in effect.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Switzerland, without regard to conflict of law principles.

15.2 Jurisdiction

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts in Aarau, Switzerland.

15.3 Informal Resolution

Before filing a claim, you agree to contact us to attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes amicably.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pyango GmbH regarding the Service.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet service failures.

17. Contact Information

For questions about these Terms or the Service, please contact us:

18. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.