Dit document is momenteel alleen in het Engels beschikbaar.
These Terms of Service (the “Terms”) constitute a binding agreement between you (“you” or the “User”) and Spotlite (the “Operator”, “we”, “us”, or “our”) governing your access to and use of the Spotlite Discord application (the “Bot”) and the Spotlite website located at spotliteme.io (the “Hub”, and together with the Bot, the “Service”).
BY INSTALLING, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference and which explains how we process personal data.
1. Definitions
1.1. “Community” means a Discord server that has installed the Bot, together with its Administrators.
1.2. “Administrator” means a person authorized to install, configure, or moderate the Bot on behalf of a Community.
1.3. “Promoter” means a User who claims, bids on, or books a Slot and submits a Promotion.
1.4. “Slot” means a configurable promotional placement offered by a Community through the Bot.
1.5. “Promotion” means the content a Promoter submits to occupy a Slot, which may include text, images, links, and video.
1.6. “Content” means any material submitted, uploaded, or transmitted through the Service by a User.
1.7. “Platform Fee” means the percentage fee retained by the Operator on paid Slot transactions, as described in Section 6.
2. The Service
2.1. The Bot enables a Community to offer managed Slots, in which one Promotion runs at a time for a defined period (typically 24 to 72 hours), is clearly identified as a promotion, and expires automatically.
2.2. The Hub is a public website that displays active Promotions from participating Communities in a browsable directory.
2.3. The Operator provides software and tooling only. The Operator is not a party to any transaction between a Community and a Promoter, and does not hold, custody, receive, or control any User funds.
3. Eligibility and Accounts
3.1. You must be at least eighteen (18) years of age to book or sell a paid Slot or to operate the paid features of the Bot, and you must satisfy Discord’s minimum age requirement to use Discord.
3.2. You must comply at all times with Discord’s Terms of Service and Community Guidelines, and with the rules of any Community in which you participate.
3.3. You are responsible for all activity conducted through your Discord account in connection with the Service.
4. Community Obligations
4.1. An Administrator configures the terms of each Slot, including its pricing model (free, pay-what-you-want, fixed price, or auction), the number of Slot channels, eligibility to book, and the duration of each Promotion.
4.2. The Community is solely responsible for its configuration and for the moderation of Promotions that run within it. Each Promotion is subject to review by a Community moderator, who may approve, request changes to, or reject it.
4.3. The Operator provides moderation tools; the Community exercises moderation judgment.
5. Promoter Obligations and Content
5.1. You are solely responsible for the Content you submit. You represent and warrant that:
(a) you own or have all rights necessary to submit and display the Content, including all text, images, media, and trademarks;
(b) the Content is lawful, accurate, and not misleading;
(c) the Content does not fall within a Prohibited Category (Section 8) or violate the Content Standards (Section 7); and
(d) the Content does not infringe the rights of any third party and does not contain malware, fraudulent material, or deceptive links.
5.2. You grant the Operator and the host Community a non-exclusive, worldwide, royalty-free licence to host, display, and distribute your Content for the duration of the applicable Slot and as reasonably necessary to operate the Service.
6. Payments, Fees, and Taxes
6.1. Marketplace transactions. Payments for paid Slots are processed through Stripe Connect. Funds flow directly from the Promoter to the host Community’s connected Stripe account. The Operator does not receive, hold, or control such funds. The Operator automatically retains the Platform Fee from each paid transaction as consideration for providing the Service.
6.2. Merchant of record. For marketplace transactions, the host Community is the merchant of record and the seller of the Slot. The Community, and not the Operator, is responsible for all invoicing, receipts, consumer-law obligations, and taxes arising from funds it receives.
6.3. Stripe. To receive payments, a Community must connect a Stripe account through Stripe Connect and thereby agrees to the Stripe Connected Account Agreement and the Stripe Services Agreement, and authorizes Stripe to process its data in accordance with Stripe’s Privacy Policy, a link to which is provided during setup. The Community is responsible for the accuracy of its Stripe account information and the security of its credentials.
6.4. Restricted activity. Users must not use the Service or Stripe to sell, promote, or facilitate any activity appearing on Stripe’s Restricted Businesses List, in addition to the restrictions in Sections 7 and 8. The Operator takes reasonable steps to ensure connected accounts do not use the payment services in violation of the Stripe Connected Account Agreement and may suspend, gate, or remove any Community or Promotion that does.
6.5. Saved payment methods. If you elect to save a payment method or enable auto-pay, you
authorize future charges to that payment method for Promotions you book under the conditions
presented to you at the time. You may withdraw this authorization and remove a saved payment method
at any time using the in-product controls or the /spotlite forget-me command. The Operator stores
only Stripe-held references to your payment method, together with its brand and last four digits,
and never the full card number.
6.6. Subscriptions. Optional subscription tiers are billed through Lemon Squeezy, acting as merchant of record for the subscription, or, where enabled, through Discord’s monetization system. Subscription billing, invoicing, applicable taxes, refunds, and chargebacks are handled by that provider under its own terms, which apply in addition to these Terms. Lemon Squeezy acts as merchant of record for the subscription only and is not involved in marketplace transactions.
6.7. Your tax responsibility. You are solely responsible for determining and satisfying any tax, registration, or reporting obligations applicable to you. The Operator does not provide tax, legal, or financial advice.
7. Content Standards
7.1. You shall not submit, promote, or facilitate Content that:
(a) is unlawful, fraudulent, deceptive, or scam-related;
(b) infringes intellectual-property or other rights;
(c) contains malware or links to malicious or deceptive destinations;
(d) harasses, threatens, defames, or incites hatred or violence against any person or group;
(e) is sexually explicit, or that sexualizes or targets minors; or
(f) misrepresents your identity or the identity of any party behind the Promotion.
7.2. The Operator and host Communities may remove any Promotion and may gate or block any User that violates these standards, and may do so automatically, including by hiding a Promotion that exceeds a threshold of User reports pending review.
8. Prohibited Categories
8.1. Regardless of a Community’s configuration, the following may not be promoted anywhere on the Service:
(a) cryptocurrency, Web3, non-fungible tokens, tokens, or digital-asset transfers;
(b) trading, investing, securities, or financial products;
(c) gambling or betting;
(d) adult or sexually explicit content; and
(e) dating or relationship solicitation.
8.2. The Operator may amend this list at its discretion. These restrictions are not subject to per-Community variation.
9. Trust, Safety, and Enforcement
9.1. The Service includes reporting, automatic hiding above a report threshold, moderator review, and a reputation system that may require a payment method on file from, gate, or block Users who repeatedly cancel, default, or otherwise abuse the Service.
9.2. Certain reputation and safety signals may be retained following a request for erasure of other data, in pseudonymized form, in order to protect Communities and the Service from abuse, as described in the Privacy Policy.
9.3. The Operator may suspend or terminate any User’s access to the Service, with or without notice, for any breach of these Terms or where reasonably necessary to protect the Service or its users.
9.4. Enforcement decisions at the platform level are made by a person, not automatically. If you believe an action affecting you was taken in error, you may ask for it to be reviewed using the /spotlite support command in any Community where the Bot is present, or by contacting the Operator at the address in Section 20.
10. The Hub
10.1. Promotions from participating Communities may be displayed on the public Hub. Images submitted as part of a Promotion are stored in a publicly accessible location and served publicly while the Promotion is active. You should not include in a Promotion anything you are unwilling to make public.
10.2. Content displayed on the Hub remains subject to Sections 7 and 8.
11. Acceptance and Amendment of these Terms
11.1. You accept these Terms upon installing or configuring the Bot, opting a Community into the Hub, or booking a Slot, as applicable. The Operator maintains a record of your acceptance and of the version accepted.
11.2. The Operator may modify these Terms from time to time. Where changes are material, the Operator may require you to accept the updated Terms before continuing to use the affected features. Your continued use of the Service following the effective date of any change constitutes acceptance of the revised Terms.
12. Intellectual Property
12.1. The Service, including its software, design, and trademarks, is owned by the Operator or its licensors and is protected by applicable intellectual-property laws. Except for the rights expressly granted to you under these Terms, no rights are granted.
12.2. You retain ownership of your Content, subject to the licence granted in Section 5.2.
13. Third-Party Services
13.1. The Service relies on and integrates with third-party services, including Discord, Stripe, Lemon Squeezy, and hosting and storage providers. Your use of those services is governed by their own terms, which apply in addition to these Terms and which govern the relevant third-party service in the event of conflict.
13.2. The Operator is an independent product and is not affiliated with, endorsed by, or sponsored by Discord Inc., Stripe, Lemon Squeezy, or any other third party named herein.
14. Disclaimer of Warranties
14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14.2. THE OPERATOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECT WILL BE CORRECTED. THE OPERATOR IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY COMMUNITY OR PROMOTER OR FOR THE CONTENT OF ANY PROMOTION.
14.3. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable law, including under consumer-protection law where it applies to you.
15. Limitation of Liability
15.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
15.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL PLATFORM FEES RECEIVED BY THE OPERATOR FROM YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) FIFTY EUROS (EUR 50).
15.3. The limitations in this Section apply to the fullest extent permitted by applicable law and do not exclude or limit liability that cannot lawfully be excluded or limited, including liability that may apply to consumers under mandatory law.
16. Indemnification
16.1. To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Operator from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with (a) your Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any right of a third party.
17. Termination
17.1. You may stop using the Service at any time, including by removing the Bot from a Community.
17.2. The Operator may suspend or terminate your access as described in Section 9.3. Provisions that by their nature should survive termination — including Sections 5.2, 6, 12, 14, 15, 16, and 18 — shall survive.
18. Governing Law and Dispute Resolution
18.1. These Terms are governed by the laws of Poland, without regard to conflict-of-laws principles, and subject to any mandatory consumer-protection laws of your country of residence that apply regardless of this choice.
18.2. The courts competent for the Operator’s registered seat shall have jurisdiction over disputes arising out of or relating to these Terms, subject to any mandatory rules that entitle a consumer to bring proceedings in, or be sued only in, the courts of their place of residence.
19. General
19.1. Entire agreement. These Terms, together with the Privacy Policy and any terms expressly incorporated by reference, constitute the entire agreement between you and the Operator regarding the Service.
19.2. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
19.3. No waiver. The Operator’s failure to enforce any provision is not a waiver of its right to do so later.
19.4. Assignment. You may not assign these Terms without the Operator’s prior written consent. The Operator may assign these Terms in connection with a merger, acquisition, or sale of assets.
19.5. Force majeure. The Operator is not liable for any failure or delay resulting from causes beyond its reasonable control.
19.6. Notices. The Operator may provide notices through the Service or by other reasonable means. You may contact the Operator at [email protected].
20. Contact
Questions regarding these Terms may be directed to [email protected].
Spotlite is currently in a pre-launch and testing phase. These Terms may be revised as the Service develops.