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ProtoGrammers

Terms of Service

Last Updated: May 9, 2025

1. Introduction

Welcome to ProtoGrammers. These Terms of Service ("Terms") govern your use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Definitions

"ProtoGrammers," "we," "us," or "our" refers to ProtoGrammers, the company providing the Services.

"User," "you," or "your" refers to any individual or entity that accesses or uses our Services.

"Content" refers to any information, data, text, software, graphics, messages, or other materials that are displayed or available through our Services.

3. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

4. Eligibility

You must be at least 16 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement. If you are under 18 years old, you must have permission from a parent or legal guardian.

5. Account Registration

Some of our Services may require you to create an account. When you create an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

6. Services Description

ProtoGrammers provides the following services:

  • Website hosting solutions with scheduled maintenance windows
  • Custom Discord bot development
  • Custom script development
  • Developer hiring and staffing services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice.

7. Service Level Agreements

For our hosting services, we target 99.5% uptime, excluding scheduled maintenance windows. Scheduled maintenance will be announced in advance whenever possible. We do not guarantee uninterrupted or error-free service.

8. User Responsibilities

As a user of our Services, you agree to:

  • Comply with all applicable laws and regulations
  • Respect the intellectual property rights of others
  • Use the Services only for lawful purposes
  • Not engage in any activity that could harm our Services or other users
  • Not attempt to gain unauthorized access to any part of our Services
  • Not use our Services to distribute malware, viruses, or other malicious code
  • Not use our Services to send unsolicited communications (spam)

9. Payment Terms

Certain Services require payment. By purchasing our Services, you agree to pay all fees and charges associated with your account. All payments are non-refundable unless otherwise specified or required by law.

We may change our fees at any time by posting the changes on our website or notifying you directly. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the changed amount.

10. Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are owned by ProtoGrammers or our licensors and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for their intended purposes. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

11. User Content

You retain ownership of any content you submit, post, or display on or through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with providing and promoting our Services.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate the rights of any third party.

12. Prohibited Activities

You agree not to use our Services to:

  • Violate any applicable law or regulation
  • Infringe upon the rights of others
  • Harass, abuse, or harm another person
  • Impersonate any person or entity
  • Engage in any activity that could disable, overburden, or impair our Services
  • Attempt to gain unauthorized access to our Services or systems
  • Collect or store personal data about other users without their consent
  • Use our Services for any illegal or unauthorized purpose

13. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Services will immediately cease.

You may terminate your account at any time by contacting us. Termination of your account may result in the deletion of your account information and User Content.

14. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROTOGRAMMERS, ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE OUR SERVICES.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

16. Indemnification

You agree to indemnify, defend, and hold harmless ProtoGrammers, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of our Services or your violation of these Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Netherlands for the resolution of any disputes.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

20. Entire Agreement

These Terms constitute the entire agreement between you and ProtoGrammers regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, between you and ProtoGrammers.

21. Contact Information

If you have any questions about these Terms, please contact us through our Discord server at https://discord.gg/CWckbgBdXn.