Discord Developer Terms of Service

Arwen
  • Updated

Effective date: July 8, 2024

Last updated: June 6, 2024

For a link to the previous terms, please see here.

 

Welcome! Thank you for your interest in Discord’s APIs, software development kits (“DDSDKs”), and other developer products and services and associated software (including those described in or available via our Developer Portal) (collectively, "APIs" or “Developer Platform”).

These Developer Terms of Service (“Developer Terms”) apply to your access to and use of the APIs and set forth the legal obligations between us and you.

When we say “Discord,” “we,” “us,” and “our” in these Developer Terms of Service, we mean Discord Inc., unless otherwise set forth in additional terms applicable to a given API.

When we say “Terms” in these Developer Terms, we mean, collectively, these Developer Terms, our Developer Documentation and any other applicable documentation we make available (“Documentation”), our Discord Developer Policy, our Terms of Service (including our Discord Community Guidelines), and any other applicable terms, policies, and guidelines we make available (including in our Developer Portal or Help Center). If there is a conflict between these Developer Terms and any additional terms, then these Developer Terms will control for that conflict. If you use other Discord services in connection with the APIs, then the terms for those other services also apply to you. Additional defined terms are described in Section 13 (Definitions) below.

Important Note: Section 12(e) (Choice of Law; Dispute Resolution) incorporates the dispute resolution provision from our Terms of Service, which includes an arbitration clause and class action waiver that applies to all U.S.-based Discord users. Please read this section carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.

Section 1: Acceptance of the Terms and Registration

a. Accepting the Terms

By accepting these Developer Terms of Service, creating or operating an Application, or otherwise accessing or using our APIs, you agree to comply with the Terms and that the Terms control your relationship with us. You also confirm and agree that (i) you are at least 13 years of age and meet the minimum age required by the laws in your country, and (ii) if you are not old enough to have authority to consent to the Terms in your country, that your parent or legal guardian must agree to the Terms on your behalf. If you are a parent or legal guardian, and your teenager accesses or uses the APIs, then the Terms also apply to you and you are responsible for your teenager’s activity. Please read all the Terms carefully.

You may not use the APIs and may not accept the Terms if you are 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 a 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 & Application Information

You may be required or requested to provide certain information about yourself (such as identification or contact details or materials) and your Application (such as details about its functionality) as part of the registration process for access to the APIs (including when you create your Application), or as part of your continued use of the APIs (including in the Developer Portal or during App Review). You will ensure such information is accurate, complete, and up-to-date at all times. Without limiting the foregoing, you will maintain a clear and accurate description of your Application in its user-facing profiles. You will not misrepresent or mask your, or your Application’s, identity in the Developer Portal, as part of any registration process or App Review, or when using the APIs. We will use information about you to confirm your identity and as otherwise described in our Privacy Policy.

Section 2: Use of the APIs

a. License to you

Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license to access and use the APIs and Documentation we make available to you solely as necessary to integrate with, develop, and operate your Application to the extent permitted under the Terms (including the Developer Policy). We reserve all rights, title, and interest not expressly granted in the Terms and you may not access or use the APIs or Documentation except as set forth in the Terms.

b. Restrictions

You will not (and will not attempt to or permit or enable others to): (a) reverse engineer or otherwise derive source code, trade secrets, or know-how from the APIs, except to the extent this restriction is prohibited by applicable laws; (b) modify, create derivative works, copy, reproduce, redistribute, rent, lease, sell, or syndicate access to the APIs; or (c) access or use the APIs in any way that (i) is not in accordance with the applicable Documentation, (ii) compromises, breaks, or circumvents any of our technical processes or security measures, (iii) poses a security vulnerability to users, us (including our systems or networks), or any third party, or (iv) exceeds any API rate, call, or other usage limits we set in our sole discretion (including as set forth in the Developer Policy or the applicable Documentation) or that we believe constitutes excessive or abusive usage.

c. Open Source Software

Some of the software required by or included in our APIs may be offered under an open source license, as may be listed in the Documentation. Open source software licenses constitute separate written agreements. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Discord solely for the applicable open source software.

d. Developer Credentials

You will use any developer credentials (such as your Application ID, passwords, keys, tokens, and client secrets) we assign to you solely with your Application and the applicable APIs (and will not permit or enable any other Application to use them) and will treat them as Discord confidential information (as described below). Without limiting the foregoing, you will keep API keys and tokens encrypted in any files or other materials accessible by third parties (other than your Service Providers, subject to Section 12(a)). For the avoidance of doubt, developer credentials may not be embedded in open source projects.

e. Eligibility

As part of the APIs, we may make certain features available to you that require you to meet additional criteria in order to be eligible to access them (e.g., to enable your Application to be discoverable on or through Discord services). For the avoidance of doubt, your access to and use of such features will be subject to your compliance with the then-current applicable eligibility criteria and other policies (in addition to all other Terms).

Section 3: Use of App Content and Your Application

a. License

You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to run, publicly display and perform, distribute, reproduce, modify, host, translate, store, and otherwise use your Application and App Content in connection with operating, developing, and improving the APIs and other Discord services; provided that the right to reproduce does not apply to the Application. This license is to allow us to, among other things: enable users to install and use your Application in Discord servers; display and provide information about you (including your name and Brand Features) and your Application to users (including in profile and product pages); frame and link to, place content around, and limit commands from your Application; make your Application discoverable by users on or through Discord services (including in search results, categories, and collections with other Applications); attribute you as the source of App Content; and analyze your Application and App Content for performance and compliance. For clarity, the things we do under this license will depend in part on your Application, App Content, and how you use the APIs. For example, if your Application is a bot integration that you host and deploy on your own, then we would not need to host your Application. This license will remain in effect with respect to App Content after the Terms end. We will not be subject to any terms or policies associated with your Application or App Content (even if we click to agree). You will ensure that your Application and App Content do not introduce any viruses, worms, defects, Trojan horses, malware, spyware, adware, or other items of a destructive nature to the APIs or other Discord services.

b. Users

You are solely responsible for your Application (including its development, operation, maintenance, support, distribution, use, and content). You will require users to comply with all applicable laws and regulations and the Terms (including our Terms of Service) in connection with their use of your Application (and will not permit or enable them to violate any of the foregoing). If you have a separate terms of service or other agreement to apply to users’ use of your Application, you agree (i) such agreement is solely between you and the user and we will not have any responsibility or liability thereunder and (ii) such agreement may not and will not supersede, modify, or be inconsistent with the Terms, which will supersede if there is any conflict or inconsistency with your agreement.

Section 4: Compliance with Laws & Third-Party Rights

You and your Application will (and you will require those acting on your behalf and your users to): (i) comply with all applicable laws and regulations; (ii) not infringe or violate any third-party rights (including intellectual or other proprietary rights or rights of privacy or publicity); (iii) not access or use the APIs in a manner that is deceptive, unethical, false, misleading, or encourages or promotes illegal activity or infringement or violation of third-party rights; and (iv) not violate any other terms or policies with Discord. For clarity and without limiting the foregoing, you and your Application will comply with any third-party agreements, terms, or policies applicable to making your Application available in any Discord client (including app store or other developer guidelines or requirements imposed by Apple, Google, or others). If we believe you or your Application have caused Discord to be in violation of any of these third-party agreements, terms, or policies, we may remove your Application or take other enforcement actions as described in Section 9.

You represent and warrant that you have obtained and will maintain all necessary rights (including from your users) to grant us the licenses, permissions, and other rights in the Terms (including those in Sections 3(a) and 8(d)) and to operate your Application (including to display, distribute, and provide all information, data, and other content therein and to access, use, and otherwise process users’ API Data and other data).

Section 5: User Privacy and Security

a. Implement Good Privacy Practices

Without limiting Section 4, you will comply with all applicable privacy laws and regulations, including the European Union’s General Data Protection Regulation (GDPR) and the ePrivacy Directive, the UK General Data Protection Regulation, Brazil’s Lei Geral de Proteção de Dados (LGPD), the California Consumer Privacy Act (CCPA), and the California Privacy Rights Act (CPRA). You will provide and adhere to a privacy policy for your Application that is compliant with applicable privacy laws and clearly, accurately, and fully describes to users of your Application what data you collect, how you use and share such data with us and third parties, and how users can request deletion of such data. For the avoidance of doubt, how you use data includes how you access, collect, store, retain, transmit, share, and otherwise process it. You may only use API Data in accordance with your privacy policy, applicable laws and regulations, and the Terms. You agree that your privacy policy may not and will not supersede, modify, or be inconsistent with the Terms, which will supersede if there is any conflict or inconsistency with your privacy policy. You will maintain publicly available, up-to-date links to your privacy policy in the Developer Portal and make it easily accessible to users from your Application.

b. API Data Sharing & Retention

You will not share API Data with any third party, except in the following circumstances, subject to compliance with the Terms and applicable laws and regulations: (i) with a Service Provider; (ii) to the extent required under applicable laws or regulations; and (iii) when a user of your Application expressly directs you to share their API Data with the third party (and you will provide us proof thereof upon request).

Except to the extent you are required to retain API Data under applicable laws or regulations, you will (1) promptly update the API Data upon request from us or the applicable user, and (2) promptly delete the API Data when: (a) retaining it is no longer necessary for your Application’s stated (and approved through App Review, as applicable) functionality that is permitted under the Terms; (b) you stop operating your Application (whether on your own, due to an enforcement action by us, or otherwise); (c) we request you delete it; (d) the applicable user requests you delete it; or (e) required by applicable laws or regulations. You will give users an easily accessible way to ask for their API Data to be modified and deleted. If you have received API Data in error, you will immediately tell us, delete it, and provide proof of deletion upon our request.

c. Implement Good Security

You will, and will require those acting on your behalf to, use commercially reasonable efforts to protect API Data from unauthorized access or use (including, for the avoidance of doubt, destruction, loss, alteration, disclosure, distribution, or other compromise). These efforts will include: (i) encryption of the data at rest and (ii) maintaining administrative, physical, and technical safeguards that are designed to prevent unauthorized access and use and comply with applicable laws and regulations (including relating to data security and privacy). You will promptly report to your users any unauthorized access or use of their data to the extent required by applicable laws or regulations. You will also promptly notify us and provide us with requested information about any incidents of unauthorized access or use of any API Data or any incidents that are reasonably likely to compromise the security, confidentiality, or integrity of your systems (or the systems of those acting on your behalf) that process API Data. In the event of any of the foregoing incidents, you will immediately begin to remediate it and reasonably cooperate with us, including by keeping us regularly updated about the incident and its impact on API Data, remediation actions being taken, and your compliance with any notification or other requirements under applicable laws and regulations.

Section 6: Monitoring & App Review

The APIs are designed to help you enhance your Application. 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 APIs AND OTHER SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. You will not interfere with this monitoring. Discord may use any technical means to overcome such interference.

Without limiting the foregoing, we may also require that you submit your Application for our review and approval in various circumstances (e.g., to approve access to certain APIs or API Data, when use of your Application reaches certain thresholds, when you request a transfer of ownership or rights relating to your Application, or to review compliance with the Terms) (“App Review”). You will cooperate with App Review and provide and maintain accurate and complete information as we request (including in the Developer Portal). If your Application has been approved through App Review, you will not materially change your Application’s functionality (including the scope of API Data you collect or how you use or share it) beyond its reviewed stated purpose, unless you first re-submit your Application, and receive our approval, through App Review.

Periodically, we may also request (including through the Developer Portal) information, certifications, and attestations relating to your access to or use of the APIs or API Data, which you will provide to us in the requested time frame and form and which you will ensure are accurate and complete. If you are an entity, such certifications and attestations must be provided by an authorized representative.

Section 7: IP and Confidentiality

a. IP Ownership and Feedback

Discord does not acquire ownership in your Application, and you do not acquire ownership of any rights in our APIs, API Data, Documentation, or Discord confidential information or any derivative works of any of the foregoing.

Our APIs and API Data 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 or any decisions we make regarding it. Finally, API Data 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 API Data or are otherwise permitted by law. Your access to the API Data may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.

If you provide suggestions or other feedback about our APIs, Documentation, or any other Discord services, then you grant us a non-exclusive, perpetual, irrevocable, sublicensable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.

b. Discord Copyright and IP Policy

We respond to notices of alleged IP infringement and terminate the accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA) and Discord’s Copyright & IP Policy. If you think somebody is violating your IP and want to notify us, you can find information about submitting notices in the foregoing policy.

Without limiting Section 4, you will comply with the DMCA to receive and respond to notices of claimed infringement with respect to any user or other third-party content provided to or contained in your Application.

c. Confidential Matters

Our communications to you and our APIs may contain Discord confidential information. Discord confidential information includes any materials, communications, and information that are marked or designated confidential or that would normally be considered confidential under the circumstances (including any nonpublic information). Without limiting the foregoing, your participation in any research or feedback surveys or sessions or in any experimentation, testing, or use of APIs we make available to you that are not generally publicly available (including any information you receive, and feedback you provide us, in connection therewith) are Discord confidential information. If you receive any Discord confidential information, then you (i) will keep it confidential using no less than reasonable care to protect it and will only use it as necessary for your permitted use of the applicable APIs under the Terms and to provide us feedback, and (ii) will not disclose it to any third party without Discord's prior written consent, except to the extent (1) required by law with reasonable prior notice to us unless prohibited by court order or (2) necessary for a Service Provider to provide you services subject to Section 12(a).

Section 8: Brand Features; Attribution

a. Brand Features

"Brand Features" means 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

All Applications will provide proper attribution(s) as required by Discord (including as may be described in the applicable Documentation). Subject to your compliance with the Terms, Discord grants you a limited, revocable, non-transferable, non-assignable, non-sublicensable, non-exclusive license while the Terms are in effect solely to display Discord’s Brand Features for required attribution(s) or in an incidental manner while promoting or advertising your Application, only in accordance with the Terms and Discord’s Brand 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 (including in any promotions or advertisements of your Application) regarding your access to or use of the APIs which suggests partnership with, sponsorship by, or endorsement by Discord without Discord prior written approval in each instance.

d. Promotional and Marketing Use

You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use your name and Brand Features, your Application’s name and icon, and produce and distribute App Content and incidental depictions (including screenshots, videos, or other content) from your Application, in the course of promoting, marketing, or demonstrating the APIs or other Discord services you are using or your Application (including in our discovery surfaces). This license will remain in effect for existing materials and instances even if the Terms are terminated.

Section 9: Termination

a. Termination

You may terminate the Terms by discontinuing your (including your Application’s and those acting on your behalf) access to and use of the APIs at any time with or without notice. Discord reserves the right to terminate the Terms with you, or discontinue, suspend, or limit the APIs or any portion or feature or your access thereto, if there is an Enforcement Reason or at our convenience upon notice to you. If there is an Enforcement Reason, we may, at our discretion, also take other enforcement actions, including the following: issue warnings or notifications to you or the users; identify and require or request corrective actions from you; remove, suspend, or limit your Application or App Content; remove any approval we have provided for your Application through App Review; remove badges we’ve issued to you or your Application; require you to stop using and delete API Data; terminate, suspend, or limit your user or developer account with Discord or your developer credentials; terminate your other agreements with Discord or your ability to use other Discord services; report you or your Application to law enforcement (as we deem appropriate); or take legal action or any other action we consider to be appropriate. Enforcement actions and reviews may be automated or manual. While we may take such actions with or without notice to you, including while we investigate, we value transparency and work hard to give you context for the decisions we make where appropriate. You can appeal any enforcement action we take under these Terms through this form or options we may make available via our services.

Without limiting any of the foregoing, we may also limit, suspend, or terminate your Application’s access tokens or any other means of access to the APIs that have not been used or accessed within at least the prior 30-day period, with or without notice to you.

b. Your Obligations Post-Termination

Upon any termination of the Terms or discontinuation of your access to the APIs, you will (and will require those acting on your behalf to) immediately stop using the APIs and developer credentials, cease all use of the Discord Brand Features, and delete any cached or stored API Data you have in your possession or control or was otherwise collected by your Application, and all rights granted to you under the Terms (including in Sections 2 and 8(b)) will immediately cease. Discord may independently communicate with any account owner whose account(s) are associated with your Application 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 Sections 2(b), 3 - 7, 8(c) and (d), 9(b) and (c), and 10-13.

Section 10: Liability for our APIs

a. WARRANTIES

NEITHER DISCORD NOR ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIs, API DATA, DOCUMENTATION, OR ANY DISCORD SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS OR WARRANTIES ABOUT THE SPECIFIC FUNCTIONS OF THE APIs OR THE RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, APPROPRIATENESS, LEGALITY, ORIGIN, SAFETY, USEFULNESS, OR ABILITY TO MEET YOUR NEEDS OF THE APIs, API DATA, OR DOCUMENTATION. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE APIs WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND WE MAY CHANGE, SUSPEND, OR DISCONTINUE THE AVAILABILITY OF THE APIs AT ANY TIME. WE PROVIDE THE APIs, API DATA, AND DOCUMENTATION "AS IS" AND YOU USE THEM AT YOUR SOLE RISK.

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

TO THE EXTENT 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 AFFILIATES, SUPPLIERS, AND DISTRIBUTORS, UNDER OR ARISING OUT OF THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF (I) AMOUNT YOU PAID US TO USE THE APPLICABLE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS BEFORE YOU FIRST ASSERT A CLAIM OR (II) $100 (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY).

DISCORD IS NOT LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF DISCORD SERVICES. IN ALL CASES, DISCORD, AND ITS AFFILIATES, 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 (at our option), indemnify, and hold harmless Discord, and its affiliates, directors, officers, employees, and users, from and against all claims, liabilities, damages, losses, costs, fees (including legal and accounting fees), and expenses relating to:

  • access to or use of the APIs or API Data by you, those acting on your behalf, your Application, or your users (including any incidents of unauthorized access to or use of API Data);
  • actual or alleged violation the Terms by you, those acting on your behalf, your Application, or your users;
  • actual or alleged infringement of any third-party right (including intellectual property or other proprietary rights or rights to privacy or publicity) by you, those acting on your behalf, your Application, or your users; or
  • your Application, App Content, your Brand Features, or any content, data, technology, information, or materials provided or contributed by or through you, those acting on your behalf, your Application, or your users.

You will not settle any claim without our prior written consent. We may, at our sole discretion, elect to assume control of the defense and settlement of any claim.

Section 11: International Transfers

a. EEA Transfers

This Section 11(a) applies to the extent that the API Data includes personal data controlled by Discord Netherlands BV (“Discord EU Data”) and you transfer the Discord EU Data to a territory outside of the European Economic Area that, at the time of such transfer, does not have a positive adequacy decision from the European Commission under Article 45 GDPR (each, an “EEA Data Transfer”).

In each instance of an EEA Data Transfer, your use of Discord EU Data is subject to your compliance with the standard contractual clauses in European Commission Decision (EU) 2021/914 (“Clauses”) as they relate to controller-to-controller transfers as described in Module One.

In each instance, you agree that for the purposes of Section IV, Clauses 17 and 18 in the Clauses, Option 1 and Option (b) shall apply respectively and the Member State shall be the Netherlands. Nothing in this Section 11(a) is intended to vary or modify the Clauses. For the purposes of the Appendix to the Clauses, the following will apply:

  • For the purposes of Annex I(A) to the Clauses, Discord Netherlands BV is the "data exporter" and you are the "data importer" as defined in the Clauses.
  • For the purposes of Annex I(B) to the Clauses:
    • “Categories of data subjects” are the users who visit, access, use, or otherwise interact with your Application and the services of Discord Netherlands BV;
    • "Categories of personal data" are Discord EU Data, which includes profile information, communications between users, photos and videos, location information, information about use of your Application and other products and services, payment information, device information, information from third-party partners or Discord, or as otherwise set forth in the Discord Privacy Policy;
    • "Sensitive data" is personal data about a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation, criminal convictions or alleged commission of an offence;
    • "Frequency of the transfer" is on a continuous basis to the extent required to fulfill the purpose set forth directly below;
    • “Nature and purpose of the data transfer(s)" is the provision of your Application by you to users pursuant to these Terms and your applicable terms and privacy policy; and
    • "Period for which personal data will be retained" is as described in the Terms and in any case not longer than necessary for a legitimate business purpose in accordance with the Terms and applicable laws or regulations (including rights of erasure and similar rights for individuals), unless applicable laws require the Discord EU Data be retained for a longer period, in which case you shall only retain such Discord EU Data for the period required by such applicable laws.
  • For the purposes of Annex I(C) to the Clauses, the competent supervisory authority will be the Dutch Data Protection Authority (Autoriteit Persoonsgegevens); and
  • For the purposes of Annex II to the Clauses, you will implement and maintain the technical and organisational security measures set out in the Terms, including those in Section 5 (“User Privacy and Security”) and such other measures as we may require from time to time.

b. UK Transfers

This Section 11(b) on UK transfers shall apply to the extent that the API Data includes personal data controlled by Discord Netherlands BV that is subject to the UK GDPR (as defined in the UK's Data Protection Act 2018 ("DPA")) (“Discord UK Data”) and the transfer of such Discord UK Data to a territory outside of the United Kingdom that, at the time of such transfer, does not have a positive adequacy decision from the Secretary of State in accordance with the relevant provisions of the UK GDPR and the DPA (“UK Data Transfer”).

Whenever there is a UK Data Transfer, your use of Discord UK Data is subject to your compliance with the Approved Addendum (which is hereby incorporated by reference into these Developer Terms and is deemed to have been entered into and completed as set out below). Nothing in this Section 11(b) is intended to vary or modify the Approved Addendum. All defined terms used below shall have the meanings given to them in the Approved Addendum. For the purpose of the Approved Addendum, the following will apply:

  • In Table 1 of the Approved Addendum, the parties' details are as follows:
    • Discord Netherlands BV is the "data exporter" and you are the "data importer" as defined in the Approved Addendum.
    • The parties details and key contact information are:

Discord Netherlands BV, Schiphol Boulevard 195, 1118 BG Schiphol, Netherlands, and the contact person's details are as notified by the data exporter to the data importer from time to time.

Developer's details and key contact information are your details notified to Discord Netherlands BV from time to time.

  • The parties agree that execution of the Terms by the parties shall constitute execution of the Approved Addendum.
  • For the purposes of Table 2 of the Approved Addendum, the selected modules of the Approved EU SCCs shall be Module 1 (controller to controller).
  • Table 3 of the Approved Addendum shall be populated as follows:
    • Annex 1A: List of Parties: See Table 1 references above and the activities relevant to the data transferred are as described in the Terms.
    • Annex 1B: Description of Transfer: The information in Section 11(a) above shall apply, albeit references to "Discord EU Data" shall be replaced with "Discord UK Data".
    • Annex II: Technical and organizational measures: For the purposes of Annex II, you will implement and maintain the technical and organisational security measures set out in the Terms, including those in Section 5 (“User Privacy and Security”) and such other measures as we may require from time to time.
  • In Table 4 of the UK Addendum, the data exporter may end the UK Addendum in accordance with the terms of the UK Addendum.

Section 12: General Provisions

a. Service Providers

Before using a Service Provider, you will require them to first agree in writing to only access and use the APIs and API Data for you and at your direction to provide you services to develop or operate your Application in compliance with the Terms, and for no other purpose (including their own). For the avoidance of doubt, Service Providers are acting on your behalf. You will ensure that each Service Provider complies with the Terms as if they are in your place, and you are solely responsible and liable for their acts and omissions, including noncompliance. When you stop using a Service Provider, you will ensure they immediately cease using the APIs and API Data and promptly delete all API Data in their possession or control. Upon notice, we may prohibit your use of any Service Provider if we reasonably believe that they have violated the Terms or they are negatively impacting us, the APIs or our other services, API Data, or the users, and you will promptly stop using them.

b. Modification

We may change these Developer Terms from time to time. If we make a material change to these Developer Terms, we will provide you with reasonable notice prior to the change taking effect (e.g., at the email address or Discord ID we have on file for you or in the Developer Portal), unless the changes are urgent. If you continue to access or use the APIs or API Data after the changes have taken effect, it means that you agree to the changes. If you do not agree, you must stop using the APIs and API Data. You can review the most current version of these Developer Terms at any time by visiting this page.

c. U.S. Federal Agency Entities

The APIs and Documentation 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.

d. Export Control

You represent and warrant that you are not located in, or affiliated with the government of North Korea and are not included on any U.S. or E.U. list of prohibited or restricted parties. If you are located in any other country, including those subject to a comprehensive U.S. or E.U. sanction or embargo, your use of the APIs and any other Discord services must be in compliance with U.S. and E.U. laws and must not cause Discord to be in violation of such laws. If you request access to, download, or use any APIs that are not generally publicly available, you also represent and warrant that you are not located in Syria or the Crimea region of Ukraine, and are not affiliated with a government of such regions or the governments of Cuba or Iran. In addition, if your Application incorporates Discord software or SDKs, it may be subject to U.S. export controls governing its export, reexport, and transfer. You are responsible for determining the applicable restrictions and obtaining any necessary export approvals for your Application under the applicable laws. You may not permit your Application to be hosted, accessed, or used (i) in North Korea or by any U.S. or E.U. list of prohibited or restricted parties; or (ii) in any other country or region subject to comprehensive U.S. or E.U. government embargo (including Cuba, Iran, Syria, and the Crimea, Donetsk People's Republic, or the Luhansk People's Republic regions of Ukraine) unless that use is authorized by the U.S. and other relevant authorities, for example the general licenses issued by the U.S. Office of Foreign Assets Control for services incident to the exchange of personal communications over the Internet (such as instant messaging, chat and email, social networking, sharing of photos and movies, web browsing, and blogging).

e. Choice of Law; Dispute Resolution

Subject to Section 11 above with respect to the governing law that applies to International Data Transfers, the “Settling disputes between you and Discord” section in our Terms of Service applies, where references to “the services” or “our services” will mean the APIs, “these terms” will mean these Developer Terms of Service, and the date for emailing an opt-out notice is within 30 days of July 8, 2024 or when you first create an Application, whichever is later.

f. General Legal Terms

To the extent permitted by law, we each agree to contract in the English language and 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 term “including” means “including without limitation.” 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 (unless, and solely to the extent, you and Discord have entered into a separate written agreement to expressly supersede). For information about how to contact Discord, please visit our Terms of Service.

You may not assign, sublicense, delegate, or otherwise transfer any of your rights or obligations under the Terms (including any sale, license, or other transfer of ownership of your Application) to any third party without the prior written consent of Discord. For clarity, upon a Discord-approved transfer, the Terms apply to the transferee as “you” (including with respect to the operation of the Application and any processing of API Data, whether obtained before or after the transfer) and they assume the obligations and liabilities of the transferor under the Terms. Any transfer 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, or are similar to, Applications or any other products or services.

Section 13: Definitions

  • “APIs” (or “Developer Platform”) means, collectively, Discord’s APIs, software development kits (“SDKs”), and other developer services and associated software (including those described in or available via our Developer Portal).
  • “API Data” means any data, information, or other content you obtain through the APIs (including personal data). API Data includes your developer credentials and access tokens.
  • “App Content” means any data, information, technology, materials, or other content that you or those acting on your behalf add to our services or otherwise make available to us in connection with the APIs or your Application (including as submitted, posted, or displayed by or through your Application).
  • “App Review” has the meaning set forth in Section 6.
  • “Application” (or “app”) means any application (including any bot, game, activity, website, or other client) that accesses or uses our APIs or to which we have assigned an Application ID. “your Application” means any Application that you own or operate. References made to API Client in existing terms, policies, agreements, or Documentation will now mean Application.
  • “Approved Addendum” means the International Data Transfer Addendum to the Clauses, Version B1.0, issued by the UK Information Commissioner’s Office and laid before the Parliament in accordance with s119A of the Data Protection Act 2018, in force 21 March 2022, as may be amended by the Information Commissioner.
  • “Brand Features” has the meaning set forth in Section 8(a).
  • “Clauses” has the meaning set forth in Section 11(a).
  • “Discord EU Data” has the meaning set forth in Section 11(a).
  • “Discord services” (or “our services") has the meaning set forth in our Terms of Service for Discord’s services.
  • “Discord UK Data” has the meaning set forth in Section 11(b).
  • “EEA Data Transfer” has the meaning set forth in Section 11(a).
  • “Enforcement Reasons” mean if we believe (i) you or your Application have or may have violated any of the Terms (including by enabling or permitting violations of our Terms of Service or other Terms by users) or is negatively impacting us, the APIs or other Discord services, or our users; (ii) your Discord user account has been compromised or it is otherwise suspended or terminated; (iii) it is necessary to comply with applicable laws or regulations or otherwise required by court order or other governmental authority; or (iv) it is necessary to protect ourselves from legal or regulatory liability.
  • “Service Provider” means a person or entity you use to provide you services to develop or operate your Application.
  • “UK Data Transfer” has the meaning set forth in Section 11(b).

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