Accord Terms of Service
Effective Date: 10 May 2025
These Terms of Service ("Terms") govern your access to and use of the Accord software and services (collectively, the "Service"). The Service is provided by Layer Labs Pty Ltd (ABN 22644264166) Layer Licensing Limited (Company Number 15997740) ("Company", "we", "us", or "our").
Please read these Terms carefully. By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is available on our website at accord.gg/privacy and forms an integral part of these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
If you do not agree to these Terms or our Privacy Policy, you must not access or use the Service.
1. The Service
1.1 Accord is a product that utilizes the Discord application programming interface ("API") to access, read, collate, and organize messages and data from designated Discord servers ("Customer Data," which, as detailed in our Privacy Policy, includes "Discord Server Data"). The purpose of the Service is to provide owners and administrators of Discord servers ("Customers") with insights and analytics regarding their online communities.
1.2 We are continually changing and improving our Service. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. We will try to provide you with reasonable notice of any material changes or discontinuation.
2. Your Account and Responsibilities
2.1 To access the Service, you must create an account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.2 You are responsible for safeguarding your Account password and for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.
2.3 You are responsible for ensuring that your use of the Service, including the designation of Discord servers for data collection, complies with all applicable laws, regulations, and the terms of service of any third-party platforms, including Discord Inc. ("Discord").
2.4 You represent and warrant that you have all necessary rights, permissions, and consents to allow Accord to access and process Customer Data from the Discord servers you designate for use with the Service. This includes, but is not limited to, obtaining consent from relevant parties for the collection and processing of personal data in accordance with applicable privacy laws.
2.5 You must not use the Service:
a. In any way that breaches any applicable local, national, or international law or regulation.
b. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
c. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
d. To attempt to gain unauthorized access to our Service, the server on which our Service is stored, or any server, computer, or database connected to our Service.
e. If you are under 18 years old.
3. Data and Privacy
Please refer to our Privacy Policy for information on how we collect, use, store, and share user data, as well as the security measures in place to protect user data.
3.3 Discord API: Your use of the Service is also subject to Discord's Terms of Service and Developer Terms of Service. The Company is not responsible for any actions taken by Discord with respect to your Discord account or data.
3.4 Data Security: We will implement and maintain appropriate technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, as further detailed in our Privacy Policy.
4. Intellectual Property
4.1 Our Intellectual Property: The Service and its original content (excluding Customer Data), features, and functionality are and will remain the exclusive property of the Company. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
4.2 Your Content: You retain all rights to your Customer Data. We do not claim ownership over any of your Customer Data.
5. Fees and Payment
5.1 Pricing for our services is currently not public and is provided via custom quotes. Accepted payment methods include credit cards and electronic bank transfers.
5.2 Refunds, if any, will be handled on a case-by-case basis. There are no late fees or penalties associated with our services. In the case of non-payment, we will suspend your access to the Services.
6. Term and Termination
6.2 Termination by You: You may cancel your Account and terminate these Terms at any time via any "Cancel Account" feature (or similar functionality) we may make available on our Service, or by sending us an email requesting termination to the contact email address specified in Section 12.6 of these Terms.
6.3 Termination by Us for Convenience: We may terminate these Terms and your access to the Service for our convenience at any time by giving you at least thirty (30) days’ written notice via email to the email address associated with your Account.
6.4 Suspension or Termination by Us for Cause: We reserve the right to terminate or suspend your account if you breach these Terms, engage in fraudulent activity, or engage in any activity that may harm the Company or its users.
6.5 Effect of Termination: Upon termination or expiry of these Terms or your Account:
a. Your right to access and use the Service will immediately cease.
b. You must pay any outstanding Fees owed to us up to the effective date of termination.
c. Each party will return or, at the other party's request, destroy any confidential information of the other party in its possession or control, subject to any legal or regulatory obligations to retain such information.
d. Details regarding the retention and deletion of your Customer Data and personal data upon termination are further specified in our Privacy Policy.
6.6 Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (Section 3.1, 4), warranty disclaimers (Section 7), indemnity (Section 9), limitations of liability (Section 8), governing law and jurisdiction (Section 10), and general provisions (Section 12).
7. Warranties and Disclaimers
7.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
7.2 WE DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
7.3 Accord relies on the Discord API for its functionality. We are not responsible for any limitations, interruptions, or failures of the Discord API, or for any changes Discord may make to its API or terms that affect the Service.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LAYER LABS PTY LTD, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS 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 (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8.2 IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE PAST TWELVE MONTHS FOR THE SERVICE IN QUESTION.
9. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Customer Data or your content, including any claim that the processing of Customer Data as instructed by you infringes any third-party rights or applicable data protection laws.
10. Governing Law and Jurisdiction
10.1 These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
10.2 Any dispute, controversy, proceedings or claim between the parties relating to these Terms or the Service (including any non-contractual matters) will be subject to the exclusive jurisdiction of the courts of England and Wales. The seat, or legal place, of any arbitration or court proceedings shall be London, England.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 14 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
12. General
12.1 Entire Agreement: These Terms and our Privacy Policy (available at accord.gg/privacy) constitute the entire agreement between you and the Company concerning the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.
12.2 No Waiver: No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
12.3 Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
12.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
12.5 Notices: Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
12.6 Contact Information: If you have any questions about these Terms, please contact us at contact@accord.gg.