Disclaimer

 

KODA IS A SOFTWARE BOT OPERATING ON THE DISCORD PLATFORM THAT PROVIDES COMMUNITY MANAGEMENT, MODERATION, ENTERTAINMENT, AND UTILITY FEATURES. WE MAKE NO GUARANTEES OR REPRESENTATIONS REGARDING THE SUITABILITY, FUNCTIONALITY, OR AVAILABILITY OF THE SERVICE FOR ANY PARTICULAR PURPOSE. THE INFORMATION, CONTENT, AND FEATURES PROVIDED THROUGH KODA ARE INTENDED TO BE GENERAL IN NATURE AND SHOULD NOT BE RELIED UPON FOR CRITICAL DECISIONS.

 

YOUR USE OF KODA IS ENTIRELY VOLUNTARY AND UNDERTAKEN AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ACTIONS TAKEN OR DECISIONS MADE BASED ON INFORMATION OR OUTPUT RECEIVED THROUGH KODA. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THAT THEIR USE OF KODA COMPLIES WITH ALL APPLICABLE LAWS, REGULATIONS, AND DISCORD POLICIES.

 

KODA IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, GUARANTEES, AND WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

WE MAKE NO WARRANTY OR REPRESENTATION THAT KODA WILL: (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) PRODUCE ACCURATE OR RELIABLE RESULTS; OR (D) BE CORRECTED IN THE EVENT OF DEFECTS OR MALFUNCTIONS. ANY RELIANCE YOU PLACE ON THE AVAILABILITY, FUNCTIONALITY, OR PERFORMANCE OF KODA IS STRICTLY AT YOUR OWN RISK.

 

NO ORAL OR WRITTEN INFORMATION, ADVICE, OR COMMUNICATION FROM US, WHETHER THROUGH DISCORD, OUR WEBSITE, OR ANY OTHER CHANNEL, SHALL CREATE A WARRANTY UNLESS EXPRESSLY STATED IN WRITING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH CASES, THE DISCLAIMERS ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM OR RELATED TO YOUR USE OF KODA. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

 

WITHOUT LIMITATION, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THESE DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH KODA IS TO STOP USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR PREMIUM ACCESS TO KODA DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

 

WE DO NOT WARRANT THAT KODA OR ANY ASSOCIATED FEATURES WILL BE CONTINUOUSLY AVAILABLE, TIMELY, SECURE, OR FREE FROM ERRORS OR DEFECTS. ACCESS TO THE SERVICE MAY BE INTERRUPTED OR LIMITED AT ANY TIME FOR MAINTENANCE, UPDATES, SYSTEM FAILURES, OR FACTORS OUTSIDE OUR CONTROL, INCLUDING BUT NOT LIMITED TO DISCORD PLATFORM OUTAGES, INTERNET CONNECTIVITY ISSUES, OR THIRD-PARTY SERVICE INTERRUPTIONS.

 

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY, SUSPEND, OR DISCONTINUE KODA OR ANY PART OF THE SERVICE AT ANY TIME, WITH OR WITHOUT NOTICE. WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SERVICE. USERS ARE RESPONSIBLE FOR MAINTAINING BACKUPS OF ANY DATA OR INFORMATION IMPORTANT TO THEM, AS WE DO NOT GUARANTEE CONTINUOUS AVAILABILITY OR STORAGE OF DATA THROUGH THE SERVICE.

 

WHILE WE IMPLEMENT REASONABLE ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS DESIGNED TO PROTECT DATA MAINTAINED THROUGH KODA, NO METHOD OF TRANSMISSION OVER THE INTERNET OR METHOD OF ELECTRONIC STORAGE IS COMPLETELY SECURE. WE DO NOT WARRANT OR GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION OR DATA TRANSMITTED TO OR STORED WITH KODA.

 

BY USING THE SERVICE, YOU ACKNOWLEDGE AND ACCEPT THAT SECURITY BREACHES, UNAUTHORIZED ACCESS, MALWARE, OR OTHER COMPROMISES MAY OCCUR DESPITE OUR EFFORTS. WE SHALL NOT BE RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR LOSS OF DATA RESULTING FROM SUCH EVENTS. USERS ARE ENCOURAGED TO TAKE APPROPRIATE PRECAUTIONS TO PROTECT THEIR OWN INFORMATION AND SYSTEMS.

 

KODA PROCESSES AND STORES USER DATA, INCLUDING DISCORD IDENTIFIERS, COMMAND USAGE, ATTACHMENTS, AND ASSOCIATED METADATA. DATA IS RETAINED ONLY FOR AS LONG AS NECESSARY TO OPERATE THE SERVICE, TO COMPLY WITH LEGAL REQUIREMENTS, OR TO PREVENT FRAUD AND ABUSE. INACTIVE USER DATA IS AUTOMATICALLY PURGED AFTER NINETY-ONE (91) DAYS OF IDLE TIME, AND USERS MAY MANUALLY DELETE THEIR DATA AT ANY TIME USING THE MYDATA COMMAND.

 

WE ARE LEGALLY REQUIRED TO STORE CERTAIN DATA SECURELY, INCLUDING LOGS AND METADATA, FOR COMPLIANCE AND SECURITY PURPOSES. WE IMPLEMENT INDUSTRY-STANDARD SECURITY PRACTICES TO PROTECT SUCH DATA, BUT WE DO NOT GUARANTEE THAT DATA WILL BE PERMANENTLY RETAINED OR ALWAYS ACCESSIBLE. USERS ACKNOWLEDGE THAT NO SYSTEM IS ENTIRELY FOOLPROOF, AND THAT DATA MAY BE DELETED, CORRUPTED, OR MADE UNAVAILABLE AT OUR DISCRETION OR DUE TO FACTORS BEYOND OUR CONTROL.

 

KODA MAY INCLUDE LINKS TO THIRD-PARTY WEBSITES, SERVICES, OR CONTENT THAT ARE NOT OWNED OR OPERATED BY US. THESE LINKS ARE PROVIDED FOR CONVENIENCE ONLY AND DO NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF ANY THIRD PARTY OR ITS CONTENT. WE HAVE NO CONTROL OVER, AND WE DO NOT ASSUME RESPONSIBILITY FOR, THE CONTENT, ACCURACY, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES OR SERVICES.

 

WHEN YOU ACCESS A THIRD-PARTY LINK, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR REVIEWING THE TERMS AND POLICIES OF ANY THIRD PARTY BEFORE INTERACTING WITH THEM. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM YOUR ACCESS TO OR USE OF ANY THIRD-PARTY WEBSITES, CONTENT, OR SERVICES LINKED THROUGH KODA.

 

KODA OPERATES THROUGH AND DEPENDS UPON THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO DISCORD INC. WE HAVE NO CONTROL OVER THE AVAILABILITY, FUNCTIONALITY, OR POLICIES OF SUCH THIRD-PARTY SERVICES. ANY FAILURE, MODIFICATION, OR OUTAGE OF THIRD-PARTY SERVICES MAY IMPACT THE FUNCTIONALITY OF KODA, AND WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY RESULTING LIMITATIONS OR LOSSES.

 

YOUR USE OF KODA IS EXPRESSLY CONDITIONED UPON YOUR COMPLIANCE WITH THE TERMS AND POLICIES OF DISCORD AND OTHER THIRD-PARTY PROVIDERS. WE DISCLAIM ALL RESPONSIBILITY FOR THE ACTIONS, OMISSIONS, POLICIES, OR FAILURES OF THIRD PARTIES UPON WHICH THE SERVICE RELIES.

 

ANY INFORMATION, RESPONSES, OR CONTENT PROVIDED THROUGH KODA ARE FOR GENERAL INFORMATIONAL OR ENTERTAINMENT PURPOSES ONLY. NOTHING MADE AVAILABLE THROUGH KODA SHALL BE CONSTRUED AS LEGAL, FINANCIAL, MEDICAL, OR ANY OTHER FORM OF PROFESSIONAL ADVICE. YOU SHOULD NOT RELY UPON KODA FOR MAKING PROFESSIONAL, LEGAL, OR LIFE-ALTERING DECISIONS.

 

IF YOU REQUIRE PROFESSIONAL ADVICE, YOU SHOULD CONSULT AN APPROPRIATELY QUALIFIED ADVISOR. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM ACTIONS TAKEN OR DECISIONS MADE BASED ON INFORMATION OBTAINED THROUGH KODA. USERS BEAR FULL RESPONSIBILITY FOR THEIR RELIANCE ON ANY INFORMATION PROVIDED.