Terms of Service for HephBot Translate

Last Updated: February 2025

Welcome to HephBot Translate! These Terms of Service ("Terms") govern your use of the HephBot Translate Discord bot ("Bot") and its associated website hbtranslate.com (collectively, the "Service"), provided by Frogstack Development, LLC ("we," "us," or "our"). By adding the Bot to your Discord server, using its commands, or accessing our Website, you agree to these Terms.

Please read these Terms carefully. If you do not agree to these Terms, do not use the Service.

1. Use of the Service

Eligibility: You must be at least 13 years old (or the age of digital consent in your country) and comply with Discord's Terms of Service and Community Guidelines to use our Service.

License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purposes in accordance with these Terms.

Acceptable Use: You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Prohibited activities include, but are not limited to:

• Transmitting any content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• Attempting to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service.
• Using the Service to send spam or unsolicited messages.
• Abusing the translation features, such as by submitting excessively long texts repeatedly with the intent to disrupt service or incur unreasonable costs for premium engine usage.

2. User Accounts and Responsibilities

Discord Account: Use of the Bot requires a Discord account. You are responsible for maintaining the security of your Discord account.

Website Dashboard: Access to certain features on our Website may require logging in via Discord OAuth.

Bring Your Own Key (BYOK) Tiers: If you subscribe to a premium tier that requires you to provide your own API key for a third-party service (e.g., Groq, OpenAI):

• You are solely responsible for obtaining and maintaining your API key from the third-party provider.
• You are responsible for all usage costs associated with your API key charged by the third-party provider. Our subscription fee for BYOK tiers covers the use of the Bot's features with your key, not the costs incurred from the API provider.
• You must comply with the terms of service of the third-party API provider.
• You agree to provide valid and legitimate API keys. We store these keys in an encrypted format as outlined in our Privacy Policy.

3. Premium Services & Subscriptions

Tiers and Features: We offer various premium tiers for users and guilds, providing access to advanced features and translation engines. Details of these tiers are available on our Website (hbtranslate.com/premium) or through Discord's App Subscription interface for HephBot Translate.

Payment Methods: Premium subscriptions may be purchased through one of the following methods:

• Discord App Subscriptions: Subscriptions purchased through Discord's in-app subscription system are managed entirely by Discord. All payments, billing, renewals, cancellations, and refunds for these subscriptions are handled by Discord in accordance with their terms and policies.
• Direct Website Purchase: Subscriptions purchased directly through our Website (hbtranslate.com/premium) are processed by Stripe, our third-party payment processor. By subscribing through our Website, you authorize Frogstack Development, LLC and Stripe to charge your designated payment method on a recurring basis (monthly or annually, depending on your selected billing cycle) until you cancel your subscription.

Recurring Billing Authorization: For subscriptions purchased directly through our Website, you expressly authorize us to charge your payment method automatically at the beginning of each billing period. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. It is your responsibility to ensure your payment information is current and valid.

Cancellation Policy: You may cancel your subscription at any time. To avoid being charged for the next billing period, you must cancel your subscription before the renewal date. Cancellations take effect at the end of the current billing period, and you will retain access to premium features until that period concludes. Please note that loss of access to your Discord account (e.g., due to a ban, suspension, or account compromise) does not automatically cancel your subscription. If you are unable to access the dashboard to cancel, you must contact us immediately at [email protected] to request cancellation and prevent further charges. We do not provide refunds or credits for partial billing periods, unused time, or any other reason, except where required by applicable law.

Dispute and Chargeback Policy: Initiating a payment dispute, chargeback, or claim with your bank, credit card company, or payment provider for a valid charge related to services that have been delivered and made available to you constitutes a material breach of these Terms. In such cases, we reserve the right to immediately and permanently suspend or terminate your account and ban you from accessing the Service, without prior notice or refund. You agree that any outstanding amounts owed to us, including fees associated with processing the dispute, may be pursued through appropriate collection measures.

Changes to Fees: We reserve the right to change our subscription fees or introduce new charges upon reasonable notice, which may be provided by posting the changes on our Website or through Discord. Any fee changes will take effect at the start of the next billing cycle following the notice.

4. Intellectual Property

The Service, including the Bot, Website, its original content (excluding user-provided content, translated content output by third-party APIs, or third-party API outputs), features, and functionality are and will remain the exclusive property of Frogstack Development, LLC and its licensors. "HephBot Translate" and its associated logos are trademarks belonging to us.

5. Service Availability and Modifications

We strive to keep the Service operational. However, all online services suffer occasional disruptions and outages. We may alter, suspend, or discontinue the Service, or features of the Service, at any time and for any reason, without notice.

6. Disclaimers and Limitation of Liability

Service "As Is": The Service is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Translation Accuracy: While we strive to provide high-quality translations, especially through premium LLM engines, we do not guarantee the accuracy, reliability, or completeness of any translations. Translations are provided for convenience and general understanding, and may be subject to the limitations of the underlying translation engines used.

Limitation of Liability: To the fullest extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; or (c) unauthorized access, use, or alteration of your transmissions or content.

7. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account or use of the Service, you may simply discontinue using the Service and remove the Bot from your servers.

8. 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 make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, for example, by posting on our Website or through an announcement in our support server. 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, in whole or in part, please stop using the Website and the Service.

9. Company Information

Frogstack Development, LLC is a registered business entity operating under the laws of the United States. We are committed to providing reliable, secure, and innovative translation services for Discord communities worldwide.

10. Data Processing and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.

11. Third-Party Services

Our Service integrates with third-party services, including Discord, translation engines, and payment processors. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the content, privacy practices, or availability of these third-party services.

12. Indemnification

You agree to defend, indemnify, and hold harmless Frogstack Development, LLC and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service or your violation of these Terms.

13. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

14. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Michigan, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, unless prohibited by law.

15. Contact Us

If you have any questions about these Terms, please contact us at: [email protected] or join our Support Server.

Legal Inquiries:
For legal matters, you may contact us at: [email protected]