Cogito Bots - Terms of Service

1. INTRODUCTION

Welcome to Cogito Bots' Discord Bot Subscription Service. This document outlines the Terms of Service ("Terms") governing your use of our Discord bot (the "Bot") and subscription service (collectively, the "Service").

By using the Service, you agree to these Terms. If you disagree with any part of these Terms, you may not use our Service.

2. SERVICE DESCRIPTION

The Service provides Discord server administrators with access to a bot that offers various features including but not limited to:

Ambient sound effects
Keyword detection
Voice channel transcription
Text and voice AI responses
Moderation commands
Welcome messages

Features are available based on your subscription plan as outlined in the pricing section.

3. SUBSCRIPTION PLANS AND PAYMENT

3.1 Subscription Plans

We offer the following subscription plans:

Plan	Price	Features
Basic Plan	$2.99/month	Ambient Mode Keyword Detection Moderation Commands
Premium Plan	$9.99/month	All Basic Plan features GPT Text Responses (100 per month) GPT Voice Responses (50 per month)

3.2 Payment and Billing

All payments are processed through Stripe, a third-party payment processor.
Subscriptions are billed on a monthly basis and automatically renew unless cancelled.
Prices are listed in USD and exclude any applicable taxes which may be added to your bill.
We reserve the right to change our pricing with reasonable notice.

3.3 Refunds

We do not offer refunds for partial months or unused features.

4. CANCELLATION AND TERMINATION

4.1 Cancellation by User

You may cancel your subscription at any time through the Discord bot commands.
Upon cancellation, your subscription will remain active until the end of your current billing period.
No refunds will be issued for the remainder of the billing period after cancellation.

4.2 Termination by Us

We reserve the right to terminate or suspend access to our Service immediately, without prior notice or liability, for any reason, including breach of these Terms.
Upon termination, your right to use the Service will cease immediately.

5. USER CONDUCT AND PROHIBITED ACTIVITIES

You agree not to use the Service to:

Violate any applicable laws or regulations
Harass, abuse, or harm others
Distribute malware or other harmful code
Attempt to gain unauthorized access to the Service or related systems
Use the Service for any illegal activities
Generate content that promotes hate speech, violence, or illegal activities
Circumvent usage limits or subscription restrictions

6. USAGE LIMITS AND FAIR USE

Each subscription plan has specific usage limits as described in the subscription details.
We reserve the right to limit or throttle excessive usage that negatively impacts the Service's performance.
Attempting to circumvent usage limits is prohibited and may result in termination of service.

7. INTELLECTUAL PROPERTY

7.1 Our Intellectual Property

The Service, including all content, features, and functionality, is owned by Cogito Bots and is protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, or publicly display any part of the Service without prior written consent.

7.2 User-Generated Content

You retain ownership of any content you create or provide through the Service.
By using the Service, you grant us a non-exclusive, royalty-free license to use, store, and display your content solely for the purpose of providing the Service.

7.3 Third-Party Intellectual Property

The Service may incorporate, display, or provide access to content, software, APIs, sound effects, voice models, AI models, or other intellectual property ("Third-Party IP") that is owned by third parties including but not limited to Discord, OpenAI, ElevenLabs, and other providers.

Cogito Bots expressly disclaims any ownership, rights, or interest in any Third-Party IP. All such Third-Party IP remains the exclusive property of its respective owners or licensors. No provision of these Terms transfers any ownership or rights in Third-Party IP to Cogito Bots or to users of the Service.

Users acknowledge that:

The Service may provide technical means to access Third-Party IP, but Cogito Bots is not granting any licenses to such Third-Party IP
Cogito Bots makes no claims of ownership, affiliation, or endorsement regarding any Third-Party IP
Use of Third-Party IP through the Service may be subject to separate terms, licenses, and restrictions imposed by the respective owners
Users are solely responsible for ensuring their use of any Third-Party IP complies with all applicable third-party terms and intellectual property laws

Nothing in these Terms shall be construed as claiming ownership over Third-Party IP or authorizing any use of Third-Party IP beyond what is permitted by the respective owners.

8. PRIVACY AND DATA

8.1 Data Collection and Use

We collect and process data necessary to provide the Service, including but not limited to: Discord IDs, server information, temporary voice recordings for transcription, and payment information.
Voice data is processed for transcription purposes and is not permanently stored except for transcription records.
For full details on data collection, processing, and storage, please refer to our Privacy Policy.

8.2 Third-Party Services

The Service integrates with third-party services including Discord, Stripe, OpenAI, and ElevenLabs.
Each third-party service is governed by its own terms and privacy policies.

8.3 Third-Party Content

Certain content displayed or accessible through the Service, including but not limited to AI-generated responses, sound effects, voice responses, and transcription services, is sourced from or powered by third-party providers such as OpenAI, ElevenLabs, and other service providers ("Third-Party Content"). Cogito Bots does not own, control, or endorse any Third-Party Content and makes no representations or warranties of any kind regarding such content.

The Service may provide access to Third-Party Content that is subject to separate terms of service, privacy policies, and intellectual property rights. Users acknowledge that:

Third-Party Content remains the property of its respective owners or licensors;
Use of Third-Party Content may be subject to additional terms and conditions imposed by the third-party providers;
Cogito Bots is not responsible for the accuracy, quality, legality, or appropriateness of any Third-Party Content;
Cogito Bots serves solely as a technical intermediary for accessing such content.

Users agree to comply with all applicable third-party terms when using the Service and to respect all intellectual property rights related to Third-Party Content.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

9.1 Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 Availability and Reliability

We do not guarantee that the Service will be available at all times or that it will be error-free.
We are not responsible for any outages or interruptions caused by Discord or other third-party services.

9.3 Limitation of Liability

IN NO EVENT SHALL WE 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:

YOUR USE OR INABILITY TO USE THE SERVICE
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Cogito Bots, its team members, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service.

11. MODIFICATIONS TO THE SERVICE AND TERMS

11.1 Service Modifications

We reserve the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice.
We are not liable for any modification, suspension, or discontinuance of the Service.

11.2 Terms Modifications

We may revise these Terms at any time without notice.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Cogito Bots operates, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall be resolved through:

Informal negotiation - parties will attempt in good faith to resolve any dispute
Mediation - if informal negotiation fails, the dispute will be submitted to mediation
Arbitration - if mediation fails, the dispute will be settled by binding arbitration

13. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at: [email protected]

14. EFFECTIVE DATE

These Terms are effective as of April 8, 2025.