Effective date: August 18, 2020
Posted date: July 15, 2020
For a link to the previous terms, please see here.
Welcome to Discord’s APIs, software development kits (“SDKs”), and associated documentation (collectively, "APIs").
Throughout this document, we use the word “Terms” to refer to the terms below, terms within the accompanying API and SDK documentation, our Discord Developer Policy, and any applicable policies and guidelines. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control for that conflict.
Section 1: Acceptance of the Terms and Registration
a. Accepting the Terms
By accessing or using our APIs you are agreeing to comply with the Terms and that the Terms control your relationship with us. You are also agreeing that (i) you are 13 years of age and the minimum age of digital consent in your country, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms. Please read all the Terms carefully.
You may not use the APIs and may not accept the Terms if you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs.
If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
b. Registration
In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. You must provide accurate and up-to-date registration information at all times. We will use the information you submit in accordance with our Privacy Policy.
Section 2: User Privacy and Security.
a. Implement Good Privacy Practices.
You will comply with all applicable privacy laws and regulations including those applying to personally identifiable information ("PII"). You will provide and adhere to a privacy policy for your application that uses the API (your “API Client”) that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information with Discord and third parties.
b. Implement Good Security.
You will use commercially reasonable efforts to protect data collected by your API Client, including PII, from unauthorized access or use. These efforts will include, but are not limited to, encryption of this data at rest. You will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.
Section 3: API Clients and Monitoring
The APIs are designed to help you enhance your API Client. You agree to respond promptly to our requests to verify and audit your compliance with these Terms. YOU AGREE THAT DISCORD MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE DISCORD PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Discord accessing and using your API Client, for example to identify security issues that could affect Discord or its users. You will not interfere with this monitoring. Discord may use any technical means to overcome such interference.
Section 4: IP, DMCA, and Confidentiality
a. IP Ownership, Open Source, and Feedback
Discord does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.
Some of the software required by or included in our APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Discord for the applicable open source software.
If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you.
b. Discord DMCA Policy
We can't determine whether something is being used legally or not without copyright holder’s input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Discord's policy about responding to notices in our Terms of Service.
c. Confidential Matters
- Developer credentials (such as passwords, keys, and client secrets) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.
- Our communications to you and our APIs may contain Discord confidential information. Discord confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Discord's prior written consent unless required by law with reasonable prior notice to us (unless a court orders that we not receive notice).
Section 5: Content
a. Content Accessible Through our APIs
Our APIs contain some third-party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available and you are solely responsible for your decision to use or distribute any of this content. While we may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content, we make no representations or warranties about the content, its appropriateness, legality, pedigree or other details. Finally, content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.
b. Submission of Content
Some of our APIs allow the submission of content. Discord does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs through your API Client, except as expressly provided in these Terms. For the sole purpose of enabling Discord to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable Discord privacy policies, you give Discord a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the APIs through your API Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our APIs through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.
Section 6: Brand Features; Attribution
a. Brand Features
"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Discord’s Brand Features (including any goodwill associated therewith) will inure to the benefit of Discord. All use by us of your Brand Features (including any goodwill associated therewith) will inure to your benefit.
b. Attribution
You agree to display any attribution(s) required by Discord as described in the documentation for the API. Discord hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display Discord’s Brand Features for the purpose of promoting or advertising that you use the APIs. You must only use the Discord Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. In using Discord’s Brand Features, you must follow the Discord Brand Features Use Guidelines. You understand and agree that Discord has the sole discretion to determine whether your attribution(s) and use of Discord's Brand Features are in accordance with the above requirements and guidelines.
c. Publicity
You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by Discord without a Discord officer’s prior written approval.
d. Promotional and Marketing Use
In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Discord products, Discord may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
Section 7: Termination
a. Termination
You may stop using our APIs at any time with or without notice. Discord reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto if you violate any of these Terms, if we believe your Application harms us or our users, or at our convenience upon notice to you.
b. Your Obligations Post-Termination
Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the Discord Brand Features, and delete any cached or stored data collected by your API Client. Discord may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
c. Surviving Provisions
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4b, 5, 7, 8, and 9.
Section 8: Liability for our APIs
a. WARRANTIES
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER DISCORD NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED OR MADE AVAILABLE THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIs "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
b. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, DISCORD, AND DISCORD’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DISCORD, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
IN ALL CASES, DISCORD, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
c. Indemnification
Unless prohibited by applicable law, you will defend and indemnify Discord, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
- your actual or alleged misuse or your end users’ misuse of the APIs;
- your actual or alleged violation or your end users’ violation of the Terms;
- your actual or alleged infringement of any third party’s intellectual property rights or rights to privacy or publicity; or
- any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.
Section 9: General Provisions
a. Modification
We may change these Terms from time to time. If we make a material change to the Terms, we will provide you with reasonable notice prior to the change taking effect at the email address or Discord ID we have on file for you. You can review the most current version of these Terms at any time by visiting this page. The materially revised Terms will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. Also, changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.
b. U.S. Federal Agency Entities
The APIs were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
c. Choice of Law; Dispute Resolution
Except as set forth below the laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs.
This Agreement shall be interpreted, construed and enforced in all respects in accordance with the internal laws of the State of California, U.S.A., without regard to its principles of conflicts of law. If you have a dispute with Discord arising out of or in connection with the subject matter covered by these Terms, you agree to first contact us and attempt to resolve the dispute with us informally. If we aren’t able to resolve the dispute informally, you and we each agree that any claim or dispute between you and the Company that arises in whole or in part from these Terms or your use of the API shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Francisco County, California.
If you are accepting the Terms on behalf of a United States city, county, or state government entity, then the following applies instead of the paragraph above: the parties agree to remain silent regarding governing law and venue.
d. General Legal Terms
We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Discord does not take action right away, this does not mean that Discord is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Discord relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Discord, please visit our Terms of Service.
You may not assign, sublicense or delegate any of your rights or obligations under these Terms to any third party without the prior written consent of Discord. Any assignment, sublicense or delegation in violation of this provision is null and void. Any change of control or material ownership of you is hereby deemed an assignment. These Terms are non-exclusive. You acknowledge that Discord may develop products or services that may compete with the API Clients or any other products or services.
"Discord" means Discord Inc., with offices in San Francisco, California unless set forth otherwise in additional terms applicable for a given API. We may refer to "Discord" as "we", "our", or "us" in the Terms.