Terms and Conditions

(EFFECTIVE: 27th August 2024)

Welcome to Realms, which provides a software-as-a-service (SaaS) community management and voting app of the same name to be used on Discord. These terms and conditions (the “Terms”) govern your access and use of:

  1. our website;
  2. the Realms app, and any services, applications, or modules linked, operated or connected to the Realms app, (collectively, the “Realms App”);
  3. the use of the Realms App API;  

all above, a., b. and c. collectively, the “Service”.

By using the Service, you agree to be bound by these Terms. If you continue to use the service after any change or amendment it means you agree to the new Terms. If you do not agree to these Terms, do not use the Service.

We will update these Terms from time to time. You are advised to review them periodically for any changes. The Terms will take effect as of the "EFFECTIVE" date referred to at the top of this page. If we make material changes, we will let you know.

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  1. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own personal or internal business purposes. You may not use the Service for any other purpose, or in any manner that is unlawful, infringes our or any third party’s rights, or violates any applicable law or regulation.

You may not:

  • copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Service;
  • rent, lease, sell, resell, distribute, or sublicense the Service to any third party;
  • remove any proprietary notices or labels on the Service;
  • interfere with or disrupt the operation or security of the Service;
  • use any automated means to access or use the Service;
  • create derivative works based on the Service;
  • use the Service to provide services to third parties; or
  • use the Service in any way that violates these Terms or any applicable law or regulation.

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  1. Realms App

The Service allows you to download the Realms App into your Discord server. The Realms App enables community member reputation tracking by using a virtual, valueless accounting system. You acknowledge and agree that:

  • Realms App is not guaranteed to be accurate, complete, timely, reliable, or error-free;
  • a Realms App account balance holding can be compromised, be inaccurate or get lost;
  • the underlying Realms App commands may be modified or removed at any time without notice.

You may not:

  • reproduce, copy, distribute, publish, display, transmit, modify, alter, tamper with, or reverse engineer Realms App;
  • use Realms App for any illegal, fraudulent, or unethical purposes;
  • use Realms App to create or provide any competing or similar products or services.

We reserve all rights not expressly granted to you in these Terms. We retain all ownership, title, and interest in and to the Service and Realms, including all intellectual property rights therein.

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  1. Realms App API

We grant interested parties API access to the Realms App. You warrant that your application has been developed to operate with the Service and its content in a secure manner.

We may restrict or terminate access to the Realms App API if you fail to provide adequate information and materials to verify your compliance with these Terms.

In the event of a data breach by you resulting from any aspect of the Realms App API involving your application or any data collected through your application, you will promptly contact Realms (hello@makerealms.com) and provide details of the data breach.

You must comply with all laws and regulations applicable to your use of the data accessed through the Realms App API and maintain appropriate safeguards.

WE MAY CHANGE OR DISCONTINUE THE AVAILABILITY OF SOME OR ALL OF THE REALMS APP API AT ANY TIME FOR ANY REASON WITH OR WITHOUT NOTICE. Such changes may include, without limitation, removing or limiting access to the Realms App API, requiring fees or setting and enforcing limits on your use of additions to the Realms App API. We may also impose limits on certain features and services or restrict your access to some or all of the Realms App API. We may release subsequent versions of the Realms App API and require that you use those subsequent versions, at your sole cost and expense. 

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  1. Support and Maintenance

We will use reasonable efforts to provide you with technical support and maintenance for the Service, as described on our website. We may provide support and maintenance via email, phone, chat, or other means at our sole discretion. We do not guarantee that we will be able to resolve all issues or errors that may arise in connection with the Service.

We may also update, upgrade, modify, enhance, improve, or downgrade the Service from time to time at our sole discretion. You acknowledge and understand that the Service is currently in the development stage. As such, the products may undergo changes, modifications, or improvements. You will not be notified of such changes, modifications, or improvements, nor will you receive prior notice. You acknowledge that these are inherent to the nature of product development and agree not to raise any claims, demands, or objections regarding these changes. You also agree that your continued use of the Service after such changes constitutes your acceptance of the changes.

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  1. Availability and Downtime

We will use reasonable efforts to ensure that the Service is available and accessible at all times. However, we do not guarantee that the Service will be uninterrupted, error-free, or secure. The Service may be subject to occasional downtime due to maintenance, upgrades, repairs, network issues, security breaches, or other causes beyond our control. We will try to minimize the duration and frequency of any downtime and notify you of any planned or unplanned downtime that may affect your use or access.

We are not liable for any loss or damage arising from any downtime or unavailability of the Service.

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  1. Termination of Service

a) You may terminate your use of the Service and these Terms at any time by ceasing to use the Service.

b) We may terminate your use of the Service and these Terms at any time by notifying you in writing if:

  • you breach any provision of these Terms and fail to cure such breach within 10 days of notice;
  • we decide to discontinue or suspend the Service for any reason, at our sole discretion at any time.

c) Upon termination of these Terms your license to use the Service will immediately cease.

d) The following provisions will survive termination of these Terms: 2 (Realms App), 3 (Realms App API), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Confidentiality), 12 (Data Protection), 13 (Governing Law and Jurisdiction), 14 (General), and 15 (Severability).

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  1. Termination Realms API

a) You may terminate your use of the Realms API and these Terms at any time by ceasing to use the Realms API.

b) We may suspend or immediately terminate your use of these Terms, any rights granted herein, and your license to the Realms API, at our sole discretion at any time, for any reason.

c) Upon termination, all licenses granted herein immediately expire and you must cease use of the Realms API. You must also comply with user instructions to return or delete any data accessed or obtained through the Realms API, unless expressly permitted by Realms or prohibited by law. Neither party will be liable to the other for any damages resulting solely from termination of these Terms.

d) The following provisions will survive termination of these Terms: 2 (Realms App), 3 (Realms App API), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Confidentiality), 12 (Data Protection), 13 (Governing Law and Jurisdiction), 14 (General), and 15 (Severability).

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  1. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE OR REALMS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THEY WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND/OR THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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  1. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, licensors, suppliers, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

  • your use of or access to the Service;
  • your breach or violation of any provision of these Terms;
  • your violation of any rights of any third party; or
  • your negligence or willful misconduct.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in defending such claims. You agree not to settle any such claim without our prior written consent.

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  1. Confidentiality

You acknowledge that the Service and Realms contain our confidential and proprietary information and trade secrets. You agree to maintain the confidentiality of such information and trade secrets and not to disclose or use them for any unauthorized purpose. You also agree to protect such information and trade secrets from unauthorized access, use, copying, or disclosure by using at least the same degree of care that you use to protect your own confidential information of a similar nature, but in no event less than a reasonable degree of care.

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  1. Data Protection

We will collect, use, store, and process your personal data in accordance with our Cookie and Privacy Policy (referred to as “Policy”), which is incorporated by reference into these Terms. You consent to our collection and use of your personal data as described in our Policy. You also agree to comply with all applicable data protection laws and regulations when using the Service and providing us with your personal data.

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  1. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the United States, without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts under the Supreme Court of Florida, United States. You waive any objection to such jurisdiction and venue.

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  1. General

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us regarding the Service. These Terms may not be modified or amended except by a written agreement signed by both parties. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. We may assign or transfer our rights and obligations under these Terms to any third party without your consent. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us. Nothing in these Terms is intended to confer any rights or remedies on any third party.

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  1. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

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  1. Discord

While using the Service, you also agree to the terms and guidelines of the Discord Platform. These terms and guidelines can be found at: https://discord.com/terms and https://discord.com/guidelines.

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  1. Contact Us

If you have any questions, comments, or concerns about these Terms or the Service, please contact us at: hello@makerealms.com.