GhostSpeaker — Terms of Service

1. Definitions

As used in these Terms of Service, the following terms shall have the meanings set forth below:

"Agreement"

means these Terms of Service, together with the Privacy Policy and any other policies incorporated herein by reference, as each may be amended from time to time.

"Application" or "Bot"

means the GhostSpeaker Discord application, including all associated software, functionality, commands, and services provided thereunder.

"Company," "we," "us," or "our"

means NodeCore LLC, the operator of the Application.

"Discord"

means Discord Inc. and its platform, services, and application programming interfaces.

"Discord Developer Terms"

means Discord's Developer Terms of Service and Developer Policy, as amended from time to time, available at discord.com/developers/docs/policies-and-agreements/developer-terms-of-service.

"Guild"

means a Discord server to which the Application has been added.

"Server Administrator"

means any Discord user holding administrative or management permissions within a Guild.

"Service"

means the text-to-speech functionality and all related features made available through the Application.

"User," "you," or "your"

means any individual who accesses or uses the Service, including Server Administrators and end users of a Guild in which the Application is present.

"User Content"

means any text, commands, or other input submitted by a User to the Application for processing.

2. Acceptance of Terms

2.1   BY ADDING THE APPLICATION TO A GUILD, INVOKING ANY COMMAND, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE AND MUST IMMEDIATELY DISCONTINUE SUCH ACCESS OR USE.

2.2   If you are accepting this Agreement on behalf of a Guild or other entity, you represent and warrant that you have full legal authority to bind such entity to this Agreement, and references to "you" shall refer to such entity.

2.3   Your use of the Service is additionally governed by Discord's Terms of Service, Community Guidelines, and the Discord Developer Terms, each of which are incorporated herein by reference. In the event of any conflict between this Agreement and Discord's Terms of Service with respect to your use of Discord's platform, Discord's Terms of Service shall control.

3. Description of Service

3.1   GhostSpeaker is a Discord application that processes text input submitted by Users and synthesizes corresponding audio output, which is then rendered in a designated voice channel within a Guild (hereinafter, the "Text-to-Speech Service" or "TTS Service"). A Server Administrator designates the text channel from which the Application reads messages for synthesis by issuing the /ghost-setup command within the desired channel; the Application renders audio in whichever voice channel the requesting User occupies at the time of a request.

3.2   The Application utilizes multiple speech synthesis engines, including without limitation Microsoft's Edge TTS cloud service and the Kokoro neural TTS model, to generate audio output in a variety of voices and languages. The specific engine utilized for a given request is determined by the User's selected voice configuration.

3.3   The Service is provided on an "as available" basis. The Company reserves the right to modify, suspend, limit, or discontinue all or any portion of the Service at any time, with or without prior notice, and without liability to any User.

3.4   The Service operates through Discord's platform and is subject to all limitations, restrictions, and policies imposed by Discord, including without limitation Discord's privileged intent framework. The Company makes no representation or warranty that the Service will be available at any particular time or location.

3.5   The Application monitors usage activity at the Guild level for the purpose of identifying inactive installations. If the Application has not been used within a Guild for a period of thirty (30) or more consecutive days, the Company may transmit a courtesy notification via Discord direct message to the Guild owner. Such notification includes information on how to reset the inactivity timer and a link to the Application's public documentation. Server Administrators who do not wish to receive such notifications may remove the Application from their Guild at any time.

3.6   The Application's reminder feature (/ghost-remind) schedules notifications in volatile memory only. Reminders are not written to disk and will not survive an Application restart or service interruption. The Company does not guarantee reminder delivery and the reminder feature is provided strictly on a best-effort basis. Users should not rely on this feature for time-critical notifications.

3.7   The Application may transmit administrative and onboarding communications to a Guild owner via Discord direct message, including a welcome message when the Application joins a Guild and a confirmation message upon completion of channel setup via the /ghost-setup command. Such messages provide setup guidance, an administrative command reference, and a link to the Application's public documentation. Server Administrators who do not wish to receive such communications may remove the Application from their Guild at any time.

3.8   Voice audio transmitted by the Application within Discord voice channels is end-to-end encrypted in accordance with Discord's Audio & Video End-to-End Encryption (DAVE) protocol, to the extent supported and negotiated by the Discord platform.

4. License Grant

4.1   Subject to your compliance with all terms and conditions of this Agreement, the Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial use within Discord Guilds in which the Application has been duly authorized.

4.2   This license does not include the right to: (a) reproduce, modify, create derivative works of, distribute, publicly display, publicly perform, or otherwise exploit the Application or any component thereof; (b) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code of the Application; (c) access the Service through any automated means, including bots, scrapers, or crawlers, except as expressly permitted by Discord's API terms; or (d) use the Service for any purpose not expressly authorized under this Agreement.

4.3   The Company reserves all rights not expressly granted herein. No implied licenses are granted under this Agreement.

5. Eligibility

5.1   You must be at least thirteen (13) years of age, or such greater age as may be required by applicable law in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet the applicable minimum age requirement. The Company does not knowingly permit access to the Service by persons below the applicable minimum age.

5.2   You must maintain a valid Discord account in good standing and comply with all applicable Discord Terms of Service and Community Guidelines as a prerequisite to using the Service.

5.3   Server Administrators who add the Application to a Guild are solely responsible for ensuring that all Users within such Guild who interact with the Application comply with this Agreement and all applicable Discord policies.

6. Prohibited Conduct

6.1   You agree that you shall not, and shall not permit any third party to, use the Service in connection with any of the following:

1. Generating, transmitting, or causing to be transmitted any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable, including without limitation content that constitutes hate speech targeting individuals or groups on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics;
2. Violating, or facilitating the violation of, Discord's Terms of Service, Community Guidelines, or any other applicable Discord policies;
3. Infringing or misappropriating any intellectual property rights, privacy rights, or other proprietary rights of any third party;
4. Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of solicitation;
5. Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
6. Engaging in any conduct that restricts or inhibits any other User's use or enjoyment of the Service, or which the Company determines, in its sole discretion, may harm the Company, Users, or third parties, or expose any of them to liability;
7. Attempting to gain unauthorized access to any portion of the Service, related systems or networks, or other accounts, computer systems, or networks connected to the Service;
8. Using the Service to generate audio output in any manner that violates applicable law, including without limitation laws governing copyright, defamation, privacy, and harassment;
9. Interfering with or disrupting the integrity or performance of the Service or the data contained therein; or
10. Circumventing or attempting to circumvent any technical measures implemented by the Company to protect or limit access to the Service.

6.2   The Company reserves the right, in its sole and absolute discretion, to suspend or terminate access to the Service for any User or Guild found to be in violation of this Section 6, without prior notice and without liability.

7. Intellectual Property

7.1   As between you and the Company, the Company retains all right, title, and interest in and to the Application, including all software, algorithms, interfaces, designs, documentation, and other components thereof, and all intellectual property rights pertaining thereto. Nothing in this Agreement shall be construed to transfer any ownership interest in the Application or any portion thereof to you.

7.2   With respect to User Content, you retain all ownership rights in any text or input you submit to the Service. By submitting User Content to the Service, you grant the Company a limited, royalty-free license to process such User Content solely to the extent necessary to render the TTS Service. No User Content is stored beyond the scope of a single TTS session except as expressly set forth in the Privacy Policy.

7.3   The names "GhostSpeaker," "The Arcanum Forge," and "NodeCore LLC," and any associated logos or marks, are proprietary to the Company. Nothing in this Agreement grants you any right to use such names or marks.

8. Third-Party Services

8.1   The Service operates on and through Discord's platform and is dependent upon Discord's application programming interfaces and infrastructure. The Company is not responsible for the availability, performance, or conduct of Discord or any other third-party service provider.

8.2   Certain voice options within the Service are powered by Microsoft Edge TTS, a cloud-based speech synthesis service operated by Microsoft Corporation. Use of such voice options results in the transmission of User Content to Microsoft's servers for processing. Your use of such features is subject to Microsoft's applicable terms and policies.

8.3   Certain other voice options are powered by the Kokoro TTS neural model, which is processed locally on Company-controlled infrastructure. Text processed through Kokoro voices does not leave Company infrastructure.

8.4   Links to or integrations with third-party services do not constitute endorsement of such services. The Company disclaims all liability arising from your use of or reliance upon any third-party service.

9. Disclaimer of Warranties

9.1   THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

9.2   WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED.

9.3   THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, OR APPROPRIATENESS OF ANY AUDIO OUTPUT GENERATED BY THE SERVICE. AUDIO OUTPUT IS GENERATED ALGORITHMICALLY AND MAY NOT ACCURATELY REFLECT THE INTENDED MEANING, TONE, OR PRONUNCIATION OF USER CONTENT.

9.4   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT SUCH EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

10.1   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

10.3   THE LIMITATIONS SET FORTH IN THIS SECTION 10 SHALL APPLY EVEN IF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

11.1   You agree to defend, indemnify, and hold harmless the Company and its officers, directors, members, employees, agents, licensors, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of any provision of this Agreement; (d) your violation of any applicable law, regulation, or third-party right, including without limitation any intellectual property right, privacy right, or right of publicity; or (e) any act or omission by any User of a Guild for which you serve as a Server Administrator.

11.2   The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in connection with such defense. You shall not settle any claim subject to indemnification without the Company's prior written consent.

12. Termination

12.1   This Agreement shall remain in effect for so long as you access or use the Service or have the Application installed in any Guild for which you serve as Server Administrator.

12.2   The Company may suspend or terminate your access to the Service, or remove the Application from any Guild, at any time and for any reason, including without limitation your actual or suspected violation of this Agreement, without prior notice and without liability to you.

12.3   You may terminate this Agreement at any time by removing the Application from all Guilds in which you have administrative authority and ceasing all use of the Service.

12.4   Upon termination of this Agreement for any reason: (a) the license granted to you under Section 4 shall immediately terminate; (b) you must cease all access to and use of the Service; and (c) the Company shall, in accordance with the Privacy Policy, process any applicable data deletion obligations.

12.5   Sections 1, 7, 9, 10, 11, 13, and 14 of this Agreement shall survive any termination or expiration hereof.

13. Governing Law & Dispute Resolution

13.1   This Agreement and all disputes arising out of or related hereto shall be governed by and construed in accordance with the laws of the applicable jurisdiction in which NodeCore LLC is organized, without regard to its conflict of law principles.

13.2   Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be resolved by binding arbitration in accordance with applicable arbitration rules and procedures. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending the resolution of arbitration proceedings.

13.3   TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY WITH RESPECT TO ANY CLAIM COVERED BY THIS AGREEMENT.

13.4   Any claim you may have arising out of or related to this Agreement must be commenced within one (1) year after the cause of action accrues; otherwise, such claim is permanently barred.

14. Miscellaneous

14.1 Entire Agreement

This Agreement, together with the Privacy Policy and any other policies incorporated herein by reference, constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties relating to such subject matter.

14.2 Amendments

The Company reserves the right to modify this Agreement at any time in its sole discretion. Modifications shall become effective upon posting of the revised Agreement at this URL. The "Last Revised" date at the top of this page shall be updated accordingly. Your continued use of the Service following the posting of modifications constitutes your acceptance of the modified Agreement.

14.3 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, such provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.

14.4 Waiver

No failure or delay by the Company in exercising any right or remedy under this Agreement shall operate as a waiver of such right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

14.5 Assignment

You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign this Agreement, in whole or in part, without restriction or notice. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

14.6 Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations hereunder to the extent such failure or delay is caused by circumstances beyond its reasonable control, including without limitation acts of God, natural disasters, pandemic, civil unrest, governmental action, failure of third-party infrastructure (including Discord's platform), or internet service disruptions.

14.7 Reporting Violations

Users who believe the Application has been used in violation of this Agreement, Discord's policies, or applicable law are encouraged to report such concerns via Discord's built-in reporting mechanisms or by contacting the Company as set forth in Section 15.

15. Contact Information

15.1   Questions, notices, or other communications regarding this Agreement may be directed to:

15.2   To report violations of this Agreement, abuse of the Service, or to submit a data-related request as described in the Privacy Policy, please contact the Company using the above information.