Terms of Service

Last Updated: 13/06/2021

The following Terms of Service apply to anyone using any of the discord bots (Kernel, Spectral & PokéVenture) or the website (smileyface12349.xyz/bots). By using the service you are agreeing to these terms, and should you disagree with these terms you must discontinue your use of the service. You are very welcome to question and challenge us on these terms in the Official Server

It is important to note that these terms are provided on top of the Discord Terms of Service, which should be followed at all times in conjunction with the rules listed below. This list is also not exhaustive and punishments may be awarded when deemed appropriate under the sole discretion of smileyface12349#5377
As stated in the Discord ToS - You are responsible for your own account, and all action under your account will be deemed as from you. If you think your account has been compromised, please contact us immediately

Punishments for breaking the rules can include, but are not limited to, a temporary ban from the bot, removal of virtual items or currency and/or a permanent ban

Spamming

Excessively using commands with, or without, the intention of slowing down the bot is not allowed. This means executing commands repeatedly and quickly in a way that may compromise the health of the bot. This also includes executing commands with the sole intention of slowing down the bot, whether or not they are executed quickly

All bots will detect if you execute commands a bit too fast, and you may be given a short cooldown. If you encounter this too often, you may be given a temporary ban

This will most likely be followed up with a temporary ban

Macros

The use of macros or other automated means to send commands to the bot is strictly prohibited, whether or not this grants an advantage over other players. This means executing commands when you are not present. Copy-pasting commands is allowed
Discord ToS - you are not allowed to "publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program"

All bots feature advanced macro detection which will give significant bans if you are caught away from your computer

You can expect a permanent ban if you are caught breaking this rule, with possible action to your discord account

Bug Abuse

All bugs found that could give an unintended advantage ("exploitable") must be reported immediately with .report and must not be exploited or shared with anyone besides the owner of the bot
Discord ToS - you are not allowed to "exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage"

You can expect the items/currency obtained through the bug to be removed and/or a permanent ban, possibly followed by action to your discord account

Alts

All alternate accounts must be registered using the dedicated .alt command. If you are found using alternate accounts where this would grant an unfair advantage (deemed exclusively by the bot owner), you and/or your alternate account(s) may be banned

Feedback

Abuse of the feedback commands to send potentially unhelpful or otherwise inappropriate content may result in a ban from sending feedback. This includes repeatedly sending feedback requests in an attempt to overwhelm or spam the feedback section

Scams

It is strongly recommended to use the trading features within the bot, although if this is not possible you may trade with other players using unconditional commands such as .pay, and reserve the right to be compensated if scammed (provided sufficient evidence is provided). If you do not receive your side of the deal, and can provide clear, undoubtable proof then the other player may be banned and, depending on the situation, you will either receive the item you gave to the other person, or were due to get. It is strongly recommended that when trading in this way you take proactive measures (e.g. screen recording) rather than simply relying on retroactive measures (e.g. screenshots). If there is a possibility of doubt, or the other player provides a convincing case, the item(s) will not be returned. This is again decided exclusively by the owner of the bot

If you are caught scamming, or attempting to scam, another player you could be warned, temporarily or permanently banned, depending on the severity of the situation

Unsolicited Messages

Your use of the bot must not involve sending unsolicited or unwanted messages to other users through the bot. In this circumstance, you will have full responsibility over these messages, and, in the event of a report to discord, you may be held accountable for breach of the ToS. This includes, but is not limited to, attempting to start a game with someone who does not want to (e.g. uno), using the bot's features to ping/DM people when they don't want to be, or using the bot to post inappropriate content, as stated in Discord Community Guidelines
Discord ToS - "You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam)"

This will often result in a permanent ban, sometimes followed up with consequences to your discord account

If you are receiving unsolicited messages, and would like to prevent all messages from the bot, you are reminded of the possibility of blocking the bot (although it is encouraged you report the offending users/bugs with .report)
The bots work on an opt-out basis, meaning that you may receive messages you don't want (although these should not be marketing related and should be triggered by your usage of the bot), although you should be able to opt-out easily. If you can't, do not hesistate to make a suggestion with .suggest

User Content

The bots have some features which allow users to input content, which may be used in future messages from the bot. By using the bot, you accept total responsibility for any activity triggered by you and may be held accountable should this content break Discord Terms of Service. Additionally, content created by other users could feature in the bot which breaks Discord Terms of Service. You agree that the bot(s) will not be held accountable under these circumstances and this is the sole responsibility of the user who has uploaded such content. If it becomes clear there is any content that violates Discord Terms of Service, the necessary steps will be taken immediately to remove the content and identify the offending user(s) immediately, although this cannot always be guaranteed. Should the offending user be unable to be identified, the bots will remain not accountable to the maximum extent permitted by the Discord Terms of Service. Examples of this could include (but are in no means limited to) inputting a link leading to child pornography on your profile, naming your pokemon something to intentionally harass another user, or storing a user's data in your clipboard

Reporting

If you see someone breaking the rules, please take the time to report them so it can be investigated further and punishments can be issued. To report someone, simply type .report and follow the steps until the report is sent. That's it! The rest will be taken care of by someone else (probably the bot owner)
Please note that although reports are mostly processed retroactively, some issues may be investigated proactively and logs may be viewed with or without prior suspicion, possibly resulting in punishment. Just because you're on your own private server doesn't mean you can't be banned from the bot

Appeals

If you are banned from the bot, you will be given opportunities to appeal with the dedicated .appeal command. Your first opportunity will be 2 days after being banned, with the following opportunities in 30 day intervals. Under no circumstance should you appeal in any place other than the dedicated command, or you could face further punishment such as your ban being extended or appeals being ignored. When you appeal using .appeal followed by the appeal message, this cannot be edited so please read carefully and wait for a response. Please note that this may only work with the default prefix, and appeals may take some time to be processed. The success of the appeal is under the sole discretion of the bot owner, who reserves the right to ignore any appeals without providing a reason
Appeals can be accepted for a number of reasons, and it is encouraged that you appeal either if you think you were not in the wrong or are apologising for what you have done (just don't try to lie)

Payment

The majority of the bots is free and will remain free, although certain features may require payment. Payment is always processed with third-party processors such as PayPal and Patreon, and no payment details whatsoever will be stored with the bot. We are not liable to any inconvenience caused by incorrect payment processing, including, but not limited to, overcharging, failure to process and/or data leaks. Taxes should be paid by these payment processors, although if they are not you are fully responsible for the payment of these taxes. If you choose to purchase gems, or any feature within the bot, this is final and is not refundable, exchangeable, transferable, unless an exception has been made at the sole discretion of the bot owner. You may not purchase, sell, or exchange any in-game item/currency outside of the bot (e.g. with real money) without explicit permission. Prices and availability are subject to change without notice.

Documentation

The bots all provide documentation, primarily through the help command, on many aspects of the bots. This includes all information in the help command, item data, pokemon data and rewards from gems/premium. This documentation often changes (it is unlikely you will be notified). Although this documentation is maintained, we are not liable if this documentation is incorrect. You are encouraged to contact us if the documentation is incorrect, or if you have any other queries

Data

All data is handled in accordance with the Privacy Policy, and you should refer to it for details regarding your data. Whenever possible, we do not handle sensitive data.
If you share a server with the bot, your data will always remain stored, unless unforseen or explicitly stated consequences arise. Data may be deleted at any time with or without reason, with or without notice but this is always avoided if possible. If you no longer share a server with the bot, your data may be deleted at any time (although may not be). Kicking, blocking or any other means of removing the bot are not reliable ways of removing data. If you would like to delete or request your data, please contact smileyface12349#5377 directly
Any data you provide must be kept entirely accurate and up-to-date

Pokemon

The following information only applies to PokéVenture, although is still relevant in other bots and on the website

Pokemon is in no way affiliated with Pokémon Company International, Inc. ("Pokemon Company") and content is not developed with, or endorsed by the Pokemon Company. These features are provided as a free-to-play game that is entirely separate from the Pokemon games, although may involve some of the material from them.

Disclaimer of Warranty

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Limitation of Liability

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These Terms of Service may be updated at any time. If they could affect your rights or use of the bot, a message should be sent in the Official Server to notify you of these changes. In the event that these terms are updated and a message is not sent in the Official Server, you are still subject to the current terms (unless stated otherwise by smileyface12349#5377). If you disagree with the changes, you are encouraged to contact us before terminating your use of the service