SCNX Terms of Service

Terms of Service

Translation

We've translated this document into English for your convenience. This translation is for informational purposes only, and the definitive version of this page is the German version.

Last Updated: October 2024

Welcome to SCNX by ScootKit!

SCNX (hereinafter also referred to as "Service", "Platform") is a product of ScootKit UG (haftungsbeschränkt). SCNX allows users to create, operate, and host customizable software ("Bots") for their online communities ("Servers"). Additionally, further functions are offered to simplify the management of these communities.

This document (hereinafter also referred to as "Terms of Service", "Agreement") constitutes a legally binding contract between the end user (hereinafter also referred to as "Customer", "User"), i.e., you (hereinafter also referred to as "You", " Your", "Yours") and ScootKit UG (haftungsbeschränkt), registered in the Commercial Register of Munich under the registration number HRB 296162 (hereinafter also referred to as "Operator", "ScootKit", "we"), represents. You can find the address, further legal information, and contact details in our Legal notice.

Please read this entire document carefully.

scnx.app (hereinafter also referred to as "Dashboard") is an online portal where you can manage the settings of this software. Registration in the Dashboard is exclusively possible with a third-party account from Discord Inc. (hereinafter "Discord Account"). Upon initial registration, a user account (hereinafter also "Account") is automatically created.

By registering at scnx.app, you agree to these Terms of Service and also confirm that

• You are at least 13 years old and meet the legal minimum age for digital consent applicable in your country.
• If you meet this minimum age but are not legally entitled to agree to these Terms of Service, you have asked your legal guardians for consent. In this case, please read these Terms of Service carefully together with your legal guardians. If you are a legal guardian, you agree that these Terms of Service apply to both you and the minor(s). The Operator is entitled at any time to request written confirmation of the legal guardian's consent.
• You do not have a residence or citizenship in any of the following countries and territories: North Korea, Cuba, Russia, Syria, Sudan, Iran, and the so-called Donetsk and Luhansk People's Republics, as well as the Crimean Peninsula. You may not use our services, directly or indirectly, if you originate from these countries or territories. You also may not redistribute the services to third parties from the aforementioned countries and territories or enable the use of the services by third parties in these territories. The Operator has the right to adapt the mentioned countries and territories at its own discretion. The Operator will block access to our services for users affected by these regulations and any changes.
• You are not listed on any government sanctions list and that we may use the data you provide to us to perform ongoing sanctions list screening. Should the Operator not be able to exclude that the user is a natural or legal person who is found on a sanctions list, the Operator reserves the right to block your access to our services.

The Operator reserves the right to change or update these Terms of Service at any time. This usually occurs to ensure compliance with amended laws or to improve our services. We will inform you via a contact method you have provided (usually by email or upon your next login to our Dashboard) if a change occurs. If you wish to use our Service thereafter, you will be asked to agree to these changes. If you agree, you can continue to use the Service. If you do not wish to agree, please discontinue using our Services and have your data deleted based on our Privacy Policy. Any changes are deemed approved if the customer explicitly agrees in the Dashboard or does not object to them in text form within six weeks after receipt of the notification of change and does not request deletion in accordance with the Privacy Policy. The Operator must again inform the customer of the right to object and the legal consequences of silence in the notification of change.

Usage Rights to Our Services

ScootKit grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to use our Services, provided that these Terms of Service are complied with. The Operator is entitled to restrict or revoke this right at any time without stating reasons. The right of use may be used exclusively for personal use.

By creating your Account, you agree

• not to copy, adapt, modify, prepare derivative works based upon, license, sell, transfer, publicly display, publicly perform, stream, broadcast, transmit, or otherwise exploit the Services or any portion thereof, and not to distribute any works based on or derived from the Services or any portion thereof, except as expressly permitted in these Terms or with the Operator’s express prior written consent.
• not to use the Services for any purposes other than as permitted by these (or other applicable) Terms.
• not to use any spiders, robots, data mining, or other data collection or extraction methods.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Operator or its licensors, except for the licenses and access expressly granted in these Terms or with the Operator’s express prior written consent.

Servers at SCNX

The Operator allows you to register so-called "Servers" of your Discord Account at scnx.app. Such servers are digital spaces for communities, as described in the Discord Terms of Service. This registration is necessary to use our Services. To register your server, the conditions listed under "Conditions for Registered Servers" apply. Please note that the Operator is entitled at any time to reject your registration request or to change these conditions without stating reasons.

Conditions for Registered Servers

• Registered servers may not, at the Operator's discretion, violate the Discord Terms of Service or Discord Community Guidelines.
• Servers can be registered by users with "Administrator" permissions or by the server owner. The information about permissions and server owners is provided to the Operator by Discord Inc. as part of a developer interface.
• If you are not the server owner and register the server, you confirm that the owner of the server has agreed to this registration. If the server belongs to a legal entity, you confirm that you are authorized to represent it. The Operator is entitled at any time to request written confirmation of this consent.
• You agree that the Operator or automatic systems of the Operator may, by joining or by reviewing content available on SCNX or provided through the developer interface of Discord Inc., check compliance with these guidelines at any time without prior notice.

If you do not meet these conditions, the Operator will deactivate your server as described in the section "Deactivation of Servers".

Guidelines for Registered Servers

After a server has been registered and uses the services offered by the Operator, it must comply with the following guidelines. These primarily relate to content on our platforms but also extend to content found on the server itself or related offers or services, such as websites.

• The server may not use services and software offered by the Operator for marketing strategies that the Operator deems questionable, such as so-called "Invite-Rewards," i.e., rewards for users who recruit other users, or so-called "PM advertising," i.e., advertising sent to users without their explicit consent.
• The server may not discriminate against users based on their appearance, race, or other generic information, or engage in targeted bullying.
• The server may not exploit or misuse services and software offered by the Operator.
• The server may not use services offered by the Operator to disseminate messages classified by the Operator as potentially dangerous misinformation. This includes demonstrably false claims about, among other things, medical treatments.
• The server should not disseminate or support violent, illegal, harmful, or questionable behaviors.
• If commercial activities take place on the server or if the server belongs to a commercial organization, the Operator is entitled to require a paid plan (see section "Purchases on Our Services") for the use of the Service. The regulations set out by the Operator in the document Usage on Commercial Servers apply to this.
• If the server deals with certain sensitive topics, such as suicide, mental health, or drug abuse, it must be clearly indicated that the server does not constitute professional therapeutic help and that the server cannot replace treatment. Links to support organizations and emergency numbers must be easily findable on the server.
• If the server offers content intended only for adults, such as sexual content, this must occur in so-called "NSFW channels" offered by Discord Inc. Our services may only be used to disseminate NSFW content if this dissemination is limited to NSFW channels.
• You may not use the Operator's services to request, collect, or process identification documents of users or other confidential documents. Do not upload identification documents or other confidential documents to our platforms.

These guidelines are at the sole discretion of the Operator. If the Operator determines a violation of these guidelines, the server will be deactivated (compare section: Deactivation of Servers).

Deactivation of Servers

Deactivation of a server means that all offered services (including software) for the server are suspended indefinitely, and access to the Dashboard is limited.

In the event of deactivation, the reason for the deactivation will be displayed in the Dashboard, and depending on the violation, you may be able to reverse the deactivation yourself. Otherwise, instructions will be displayed on what you can do next for the Operator to reactivate your server. Please note that reactivation is at the sole discretion of the Operator and, depending on the reason, may be rejected immediately. If you do not want to or are not allowed to reactivate your server, you can also have all data stored via the server deleted in the Dashboard. Please note that by doing so, you accept the violation and agree that the Operator permanently blocks your server from using the Service. In this case, you can never use SCNX again with this server.

The Operator usually deactivates servers if you violate these or other Terms of Service. Please also note that the Operator is entitled at any time to deactivate your server without stating reasons.

Please note that deactivation does not pause your possibly active payment period; it continues. However, if you have a subscription, it will be automatically terminated (further information in the section Purchases on Our Services). Also, prepaid billing periods will not be credited after reactivation, and you agree to this. In individual cases, the Operator may make exceptions to this rule.

If you do not contact the Operator within 4 weeks after deactivation or do not reverse the deactivation yourself, the Operator is entitled to permanently delete stored data, including software, related to the server.

"Trusted-Admins"

The Operator allows you to grant third-party natural persons (so-called "Trusted-Admins") access to your registered server in the Dashboard. You can customize the access rights of these individuals as desired. Depending on the rights settings, these individuals can change your configuration or perform actions in your name. Only grant access to users you trust. Furthermore, you are obligated to ensure that these users comply with these Terms of Service and do not violate them. You are fully liable for all actions of Trusted-Admins and accept that all actions performed by Trusted-Admins in the Dashboard are done in your name.

Alternatively, you can automatically allow access for all users who have "Administrator" permission on your server. In such a case, any user with this permission can fully edit the configuration of your software. Only grant "Administrator" permission to users you trust. Furthermore, you are obligated to ensure that these users comply with these Terms of Service and do not violate them. These users are also to be referred to as "Trusted-Admins" and are subject to the aforementioned liability regulation, through which you are fully responsible for the actions of the users.

"Server Backups"

The Operator allows you to create so-called "Backups," i.e., storage, of your Discord server in the Dashboard. Depending on the plan, these contain various functions and content. To create backups, you must have invited the SCNX bot to your server. The Operator makes no claim to the completeness and availability of these backups. The Operator is entitled at any time to delete or modify your backups without prior notice. The Operator generates a unique password for each backup. You can view this password in the Dashboard. The password allows any user who has access to it to restore the backup, unless they have activated the so-called "Server Lock." The Operator activates this function for new backups automatically. Treat this password confidentially and do not share it with third parties.

Note: Should Discord Inc. for any reason suspend or delete your account or your server, the Operator will not change the server lock. Backups and other functions offered by the Operator may not be used to circumvent suspensions by Discord Inc. If you become aware of such a case, please report it (compare section: Report Violations of These Terms of Service).

Integrations with Discord-API

More details

In addition to this section of our Terms of Service, you'll also need to agree to our Bot Hosting Service Provider Agreement which includes more detailed information about Software hosted on SCNX.

The Operator enables the creation and hosting of so-called "Apps" (also "Application" within the scope of the Discord Developer Policy) for registered servers. You fully accept that you are solely liable for the use and behavior of these apps. The Operator only allows you to book software developed by the Operator with the technical interfaces ("APIs") offered by Discord Inc. and to configure and operate them yourself. You are fully responsible for all actions of these apps. You alone are liable for any violations of the Discord Developer Policy and are the sole contractual partner with Discord Inc. regarding these apps. The Operator, on the other hand, undertakes to also comply with this Developer Policy and to develop the offered software as best as possible so that this Developer Policy is followed.

The Operator points out that certain configuration options of the created apps may violate the aforementioned Terms of Service of Discord Inc. Therefore, always ensure that your configuration does not violate the guidelines of Discord Inc. Due to the diverse configuration options, you acknowledge that the Operator cannot be held liable, in particular, for any configuration options that you have set.

You also accept that the Dashboard and the hosting offer are not independent "Applications" (in the sense of the Discord Developer Policy) and that only the separate SCNX bot, an independent offer, can be considered as such.

Use of Services on Commercial Servers

For this section, "Commercial Use" is defined as use in which the bots, other parts of the Service, or Your Server are used in connection with a commercial activity, such as a company.

This connection occurs from the Operator's perspective and based on a case-by-case decision.

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More information on the classification of commercial use can be found in our FAQ article "Commercial Use of SCNX".

The Operator prohibits this type of commercial use of the Service unless the paid feature "Commercial Use Allowed" (compare section: Activation of Features) is purchased. If your server has more than 10,000 members, the Operator is entitled, after consultation with you, to charge additional costs due to the higher server load. The classification as "commercial use" is at the Operator's sole discretion. Please note that also offered services that are not directly on, but connected to, your Discord server are classified as such commercial use.

Commercial use, such as resale, sublicensing, display, transfer, processing, modification, or publication of the Service is prohibited without the Operator's prior, explicit written consent.

Liability

We strive to ensure that our Services are available without interruption and that transmissions are error-free. However, due to the nature of the internet, this cannot be guaranteed. Your access to our Services may occasionally be interrupted or restricted to allow for repairs, maintenance, or the introduction of new features and other changes. We will attempt to limit the frequency and duration of any such temporary interruption or restriction.

The Operator shall be liable without limitation insofar as the cause of damage is based on an intentional or grossly negligent breach of duty by the Operator or a legal representative or vicarious agent of ScootKit UG (haftungsbeschränkt).

ScootKit UG (haftungsbeschränkt) shall also be liable for the slightly negligent breach of essential obligations. Essential obligations are those whose breach endangers the achievement of the contractual purpose or whose fulfillment enables the proper execution of the contract. In this case, however, the Operator shall only be liable for the foreseeable, typical contractual damage. ScootKit UG (haftungsbeschränkt) shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

The foregoing limitations of liability shall not apply in the event of injury to life, limb, or health, for defects after acceptance of a guarantee for the quality of our Service, and for fraudulently concealed defects. Liability under the Produkthaftungsgesetz remains unaffected.

Insofar as the liability of ScootKit UG (haftungsbeschränkt) is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents.

You are responsible for any mobile phone costs that may be incurred by you through the use of our Services. This includes data costs, costs for messaging services such as SMS or MMS, as well as other communication protocols or technologies. Please contact your mobile phone provider before using our Services if you are unsure what costs may be incurred.

Your Content

All data, settings, texts, graphics, photos and their selection and placement, as well as all other elements that you have uploaded via our Services are hereinafter referred to as "Your Content".

You represent and warrant that Your Content originates from you and that you exclusively hold the rights to this Content; including the right to grant all rights and licenses in this sense without any obligations or liability arising for the Operator with regard to third parties. You are solely responsible for Your Content. The Operator is not responsible for elements that you upload, publish, or otherwise make available. By uploading, distributing, transmitting, or otherwise using Your Content within the scope of the Services, you grant us a perpetual, non-exclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with the operation and provision of the Service. The Operator makes no warranty as to the accuracy, quality, or integrity of shared user content. By using the Service, you acknowledge and accept that you may encounter content that you deem offensive or objectionable. You agree that the Operator shall under no circumstances be liable for user content, including but not limited to inaccurate user content or any loss or damage arising from the use of user content. The Operator reserves the right to remove and permanently delete Your Content from the Services for any reason or no reason, with or without notice. You can inform the Operator about any user content that you believe violates these Terms or about other inappropriate behavior by sending an email to [email protected] or by contacting support through other means.

Purchases on Our Services

Notes on Your Rights as a Consumer

Consumers have the right to withdraw from their contractual declaration within fourteen (14) days without stating reasons. You can find the complete cancellation policy and further information here. The right of withdrawal does not apply to entrepreneurs. The Operator is obliged to separately inform consumers of the cancellation policy upon conclusion of a contract.

No fees are charged for the basic functions of SCNX. The Operator provides you with the option to activate certain functions, products, or services for a fee.

Activation of Features

The Operator's offer is structured into various functions. These can be different types of software, but also determine specific parts of software or the type of hosting of the software. These functions can then usually be activated for individual servers for a fee. The price of the functions is calculated individually for each server, depending on various factors such as the number of members on your server, already paid functions, and the functions you desire, and is displayed to the customer before purchase.

Functions are generally activated only for a specific time period. This can vary depending on the type of your purchase. After the expiration of the period, the Operator is entitled to block access to the function, which may lead to failures of your systems. Therefore, ensure that your period is sufficient.

Customers can activate functions for their server in various ways. The available options may differ depending on the function, desired period, combination of functions, and more, and are exclusively subject to the Operator's discretion. The Operator may also activate various functions as part of one activation. The Operator is entitled to change prices, functional scope, and activation methods at any time. The following activation methods exist:

• One-time Purchases: You can purchase the price for your server for the functions you desire once and without any payment obligation. In such a case, you activate the functions for a specific period, which will be displayed to you before the purchase. Before the expiration of your period, you can extend it; otherwise, it will expire, and access to the activated function will be revoked.
• "Plans" / "Bundles": The Operator may, at its own discretion, combine various functions into a "Plan". This plan then includes several functions for one price. Plans may be personalized and may be paid for using various methods mentioned in this section, at the Operator's discretion.
• Advertising Videos: Some functions specifically selected by the Operator as such can be activated by fully watching an advertisement from the Operator or a partner. After fully watching the advertisement, the Operator, after automatic checking for potential misuse, activates the function for a period determined by the Operator. After the expiration or shortly before the end of the period, you can watch an advertising video again to reactivate the function or extend the period.
• Automatic Payments ("Subscriptions"): If you choose this method, the Operator will automatically charge you an amount monthly, quarterly, or annually ("Payment Cycle"), depending on your preference, for the functions you desire. The price may vary for different billing intervals and may change at any time, but should this happen, we will contact you beforehand. You can cancel this subscription at any time without stating reasons in the Dashboard or, as a consumer residing in Germany, via this form. You can also check in the Dashboard when the next billing with which amount will occur. Should there be a problem with an automatic payment, we will contact you, and if you do not resolve this problem within 7 days, we will cancel your subscription. Depending on legal requirements or at our own discretion, the Operator may discontinue the offer of subscriptions at any time; in such a case, the pro-rata portion of the subscription period not yet completed will be refunded. Should your server be deactivated, we will automatically cancel your subscription. The function's period is extended only upon successful debit at each payment period. If a payment fails, you will lose access to the function. The Operator is, however, entitled to grant you a grace period of up to 7 days during which you can continue to use the function and resolve the payment problem. During this time, the Operator will regularly attempt to charge your payment method with the outstanding amount. If the payment is still not booked after the grace period, you will lose access to the activated function, and your subscription will be canceled. You accept that the grace period is considered part of your subscription, and the length of the grace period will be deducted from your next payment period. Should your subscriptions be canceled multiple times after the grace period due to payment failure for which you are responsible, the Operator reserves the right to block your access to the Services due to misuse.
• "Lifetime Activation": The Operator allows you to permanently activate a function; in this case, the period is as long as the Operator offers the Service ("lifetime"). The Operator will provide the functions activated upon purchase for as long as it offers the Service. Should the Operator not be able to fully offer this functionality through the first 24 months after purchase, the pro-rata remaining amount of the purchase will be refunded upon request. Should the Operator no longer be able to offer some of the functions advertised upon payment after 24 months, you waive any claims for reimbursement. Upon discontinuation of the Service, no refund will generally be made, as the lifetime of the Service has been fully reached. The Operator may nevertheless, even upon discontinuation of the Service, make refunds at its own discretion.

Depending on the chosen method, the price of an activation may vary. The price displayed in the user interface applies.

Please note that activation of functions is always only for a specific server. This means that the activated function cannot be transferred to other servers. In exceptional cases, the Operator may still carry out a transfer, but this is at the Operator's discretion. If transferability is advertised for an activation or purchase, as is often the case for lifetime activations, the buyer can remove the activated function from one server and transfer it to another in the Dashboard without additional charge. After a transfer, you cannot perform another transfer for 7 days.

The Operator may also activate functions at its own discretion, adjust prices for activations, remove functions, and/or carry out discount promotions.

Credits of Servers

Certain functions, which may need to be activated separately, require credits, which are displayed in the Dashboard under branding terms by the Operator depending on the function (for example, "AI Coins"). There may be different types of credits for a server, and in certain cases, you will automatically receive a certain amount of credits each month at the Operator's discretion. Depending on the use of certain functions, we will charge you credits. We will communicate to you how many credits we charge you for the use of a specific function. Should you at any time not have enough credits for the function you requested, you will not be charged, but the use of the function will fail.

You can recharge credits for your server at any time. For this, you can choose from various packages selected by the Operator, which activate a certain number of credits for a real money amount. After completing your purchase, you will receive the credits and can use them immediately. Credits are always server-bound and can only be transferred in exceptional cases at the Operator's discretion. Recharged credits do not expire.

Payments

We use various third-party providers to make payments available on our Service ("Payment Methods"). These will be displayed to you during the purchase, and you are free to choose which Payment Method you want to use. You agree to the terms of service and the respective terms of the third-party provider, which we will display to you upon completion of the payment.

By placing an order, you authorize the selected payment processor to charge the account you selected for payment.

It is at our sole discretion to cancel your payment at any time by informing you via your contact details or by notifying you when you attempt to make a payment. We may cancel a payment for any reason, including but not limited to the following:

• if you attempt to use the Service in a manner that contradicts applicable law and/or the rules and regulations of the card network
• if you violate these Terms of Service while using the Service
• if we suspect fraudulent, unlawful, or improper behavior regarding a payment
• if we discover, in our sole discretion, extreme discrepancies or high chargeback rates in your payments or if they represent a relatively high risk of loss
• you are not willing to cooperate during investigations or, if necessary, do not provide additional information.

Some prices on our websites may be listed without value-added tax or consumption tax. However, we will display and charge these at the latest during the payment process. The price including applicable value-added tax or consumption tax is hereinafter referred to as the "final purchase price".

The Operator is entitled to introduce minimum order values. These prevent you from making a purchase with a final purchase price below a limit set by the Operator. The minimum order value may vary depending on the products in the shopping cart, payment cycle, payment method, and your previous payments. The Operator is not obligated to set a minimum order value for a purchase but must, if a minimum order value has been set, make this clearly visible to you. It may be the case that due to a minimum order value, a subscription cannot be offered in a specific payment cycle; in such a case, the Operator will display other possible payment cycles that meet the minimum order value. It is your sole responsibility to pay any royalties, customs duties, and other taxes or fees incurred by the export of the products from Germany. Downloading or using the software is at your own risk. Given the global nature of the internet, you agree to comply with all applicable regional regulations and laws regarding your use of the Service. Prices will vary depending on the selected currency. You can choose any currency selectable by the Operator in the interface to settle your purchase. Please note that the chosen currency will be used for billing from your account.

Should you choose the SEPA direct debit procedure as the payment method, provided the Operator offers this to you, you agree that the pre-notification period ("Pre-Notification") is reduced to one day.

In the event of chargebacks or payment reversals for which the customer is responsible, the Operator has the right to block access to the Services until the payment of the outstanding amount plus a fee corresponding to the actually incurred costs is made, unless the customer proves that no damage or only minor damage has occurred. Should there only be a payment dispute for which the customer is responsible, the Operator will block access to the Services until the competent authority has made a decision on the payment dispute. If the dispute is decided against the customer and a payment reversal occurs as a result, the regulation in this paragraph applies. Should the dispute be decided against the Operator, the Operator must immediately, but no later than 4 working days after written notification of the result of the dispute by the payment service provider, lift any blocking, provided that no demonstrable damage has occurred. Should demonstrable damage have occurred due to the dispute, the Operator is entitled to block access to the Services until the customer has settled the damage, whereby the Operator must invoice the customer for the damage within 4 working days after becoming aware of the result.

Authorized Resellers

The Operator is entitled, at its own discretion, to appoint third-party providers as resellers ("Authorized Resellers"). You can purchase selected products of the Operator from these resellers. In this regard, the Operator informs you that in the event of a purchase from the reseller, no purchase agreement is concluded with ScootKit UG (haftungsbeschränkt), but you become a customer of the reseller. Before completing the purchase from a reseller, you must agree to the terms of service of the reseller, which also contain important information about your rights as a consumer; therefore, please read them carefully. Under certain circumstances, the Operator may not be able to offer you customer support regarding your contractual relationship with your contractual partner. Also, the Operator may not be able to offer refunds for purchases from some authorized resellers. Please always contact your contractual partner after a purchase if you have problems with your purchase. The Operator is entitled to link to, recommend, or integrate a reseller in the Dashboard, whereby in such a case the Operator will expressly indicate that your contractual partner is an authorized reseller.

By agreeing to these Terms of Service, you agree to purchase the products offered by the Operator exclusively from the Operator itself and from resellers authorized by the Operator. A list of all authorized resellers, their terms of service, and contact information can be found in the list of authorized resellers, whereby the Operator is entitled to limit the availability of individual authorized resellers depending on your place of residence. The Operator is entitled to update this list at any time without prior notice or stating reasons.

Advertisement

On our platform, you may see or create advertisements in various forms, including text, images, or videos.

If you create an advertisement, in any form, on our platforms, you agree that all content, including linked content and advertised products, complies with the following requirements:

• Advertising for content intended only for adults, such as sexual content, is not permitted. This also includes dating offers.
• Advertising for gambling or related products or offers is permitted.
• Advertising for products or offers prohibited in Germany is not permitted.
• Advertising that infringes the copyright or trademark rights of third parties may not be created.
• Advertising for political activity, such as election advertising, may not be placed.
• Advertising for medicines, medical treatments, illegal drugs, cannabis, alcohol, tobacco products, energy drinks, and other harmful substances is not permitted.
• Advertising for non-profit purposes, such as collecting donations, may only be done for organizations that have been recognized as non-profit.
• Advertising for dangerous activities or products, such as fireworks or weapons, is not allowed.
• Advertising for financial or legal offers, such as legal advice, investing services, insurance, trading, cryptocurrencies, and similar, is not permitted.
• Every advertisement placed on our platform must describe the advertised product, must not be exaggerated, and must be truthful.
• Please note that you must always comply with the local laws of your country of origin and the laws of the Federal Republic of Germany.

If you place advertisements on our platform, the Operator will invoice you for the advertising costs based on the impression and click rates. For this purpose, the Operator measures how often an end user sees your advertisement ("impression rate" or "view") and how often users click on your advertisement ("clicks" or "click rate"). Depending on this data, the price will then be calculated based on the currently applicable "advertising rates," i.e., the prices for advertising, which you can find in your Dashboard. Please note that the advertising rates may change at any time. In such a case, we will inform you, e.g., on our Discord. Please note that despite clicking on the advertisement, users may not become customers but may leave the linked website without further actions. Therefore, you accept that the Operator itself measures the aforementioned rates and invoices you for them. The Operator is obligated to implement technical measures to prevent misuse.

The Operator is entitled to review submitted advertisements before publication but is not obligated to do so. The Operator may remove created advertisements or restrict the display of advertisements at any time without stating reasons, especially if the advertisement violates these Terms of Service.

Should you see advertisements on our Services that violate these regulations, please report them to the Operator.

Communication Between You and the Operator

You agree that the Operator may address you personally (i.e., using "du" in German) in all our Services and also in personal contact. You agree to receive communications from us in electronic form. This includes, for example, emails, text or mobile push notifications, notifications and messages via our Services or via third-party services such as Discord. For all direct marketing communications, we will obtain your prior consent, which you can easily revoke at any time – we do not want to send messages that are not desired.

You agree that we may send you notifications to your Discord account via private messages and that we may contact the email address you use with Discord Inc. This does not include consent for marketing communications, only necessary notifications such as policy changes, service announcements, or invoices.

By using the Services or providing information to us, you agree that the Operator may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. You warrant that you will read all agreements, notices, disclosures, and other communications that the Operator provides to you electronically and that all legal requirements regarding written form are complied with. We would like to point out that the security of emails over the internet cannot be guaranteed. Therefore, the sender is not liable for any damage caused by the message.

You may use the Services to send messages to other users of the Services. You agree that you will not use the Services for unsolicited marketing communications or other content (e.g., spam). If you believe a Service is responsible for spam, please notify us immediately by emailing [email protected].

Customer Services

The Operator offers customer services free of charge to customers. You can contact customer support at any time in the Dashboard or through other channels chosen by the Operator. Depending on the subject of your request, the Operator may offer different customer support channels. "Customer support channels" are understood to be ways and places where you can contact us. These include, for example, Discord servers, telephone numbers, email addresses, web forms, and forums, whereby not all channels from this list are necessarily offered by the Operator at all times and for every topic.

When you contact our customer service, you agree that

• in certain customer support channels, messages are public and therefore accessible to everyone. Such customer support channels will be clearly marked by the Operator. Never post private data in such channels, such as your address, payment details, secret passwords or tokens, or other information you do not want to share.
• you may receive help in certain customer service channels from other qualified users ("Helpers"). Helpers are trained by the Operator, and the Operator monitors the quality of the help offered. If a Helper cannot help, they will forward your requests to an employee of ScootKit UG (haftungsbeschränkt). Helpers will always be identified as such in customer support channels. Helpers are not authorized to make statements on behalf of the Operator and are not employees of ScootKit UG (haftungsbeschränkt). You have the right to speak with an authorized employee of ScootKit UG (haftungsbeschränkt); please inform us of this request when contacting us. If you are communicating with a Helper, ensure that this happens in the customer support channel specified by the Operator, as the Operator can only guarantee the quality and security of your messages there - never switch to another support channel at the instruction of a Helper, especially not to private message channels with the Helper.
• employees may access your data, content, software, configurations, and more that you have created or stored on our platforms to help with your problem. You may also grant authorized Helpers access to restricted data of a server upon request, but you are not obligated to do so.
• you will behave respectfully and appropriately with our employees, other users, and Helpers in our customer support. Should you violate this regulation, we reserve the right to block your access to customer service or, in exceptional cases, to block your access to our Services. Should additional rules of conduct apply to a support channel, we will display these to you. Should you violate these rules, we reserve the right to block your access to our Services.
• we may store and process your sent messages and calls for quality, performance measurement, training purposes, and other purposes in accordance with our Privacy Policy. Sensitive data, such as personal information, will never be used for training purposes and will be deleted after your request has been resolved. To clarify, with "training" in this paragraph, we only mean the training of our employees and helpers, not training of so-called "Artificial Intelligence".
• the Operator may, under certain circumstances, sell functions that offer faster "priority support". This type of function allows users who have activated this function to be processed before users in the queue who have not activated this function. However, the Operator is still obligated to offer customer support to users without this function.

Report Violations of These Terms of Service

The Operator requests that you report any violations of these Terms of Service that you notice. Please use either the function provided in the Dashboard for this purpose (if available) or contact [email protected].

Feedback

Our goal is to be as user-friendly as possible. Accordingly, we welcome any feedback regarding the use of the Service. This information will henceforth be referred to as "Feedback". This includes praise, criticism, comments, and/or suggestions for improving the Service. You may send us Feedback if

• you guarantee that the Feedback does not infringe the rights of third parties, and
• your Feedback does not contain any confidential and/or copyrighted content.

Furthermore, by submitting Feedback, you agree that

• we are not obligated to keep your Feedback confidential,
• we may have already received similar Feedback and may have made corresponding changes, and
• you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, create derivative works from, publish, distribute, and sublicense the Feedback.
• you irrevocably waive any claims and demands against the Operator arising from any moral rights contained in this Feedback.

This regulation also applies after your Account has been terminated and/or the Service has been discontinued.

All rights granted in this section are valid without any remuneration or compensation to you.

Termination & Deactivation

You have the right to terminate your Account with us and cease using our Services at any time. To terminate these Agreements, either use the designated Dashboard function or contact us in writing by email at [email protected]. If you terminate this Agreement, you will simultaneously delete your Account with us. All Servers you have added to SCNX will also be removed from SCNX and irrevocably deleted.

Alternatively, deactivation is possible. Upon deactivation, you will not be able to access our Services, and all your Servers will be deactivated (compare section: Deactivation of Servers) until the deactivation is lifted. The deactivation of your Account does not lead to the termination of this Agreement.

In accordance with applicable law, we reserve the right to deactivate or terminate your Account and your access to some or all of our Services, with or without notice and at our sole discretion, for any reason. In particular, the following, previously unmentioned, reasons may lead to this:

• You violate these Terms or other applicable agreements with the Operator.
• You misuse our platforms or use our platforms or created software to break or circumvent applicable laws or third-party rights.
• We are required to do so to comply with a legal regulation or a court order.
• The Operator, at its own discretion, deems a termination necessary to prevent harm to you, us, other users, or third parties.
• Your Account has been inactive for more than two years.

We will notify you of such measures in advance, unless there is a reasonable concern or applicable law prohibits this.

If we deactivate or terminate your Account, automatic subscriptions will be canceled, and your Servers will be deactivated beforehand (compare section: Deactivation of Servers). We also reserve the right to reverse a deactivation initiated by us. This can happen if you provide us with further information about a matter.

If the Operator terminates your Account, you may not create a new Account with the Operator. You also may not create another Account to circumvent a deactivation of your Account, and you may not use existing active Accounts as long as one of your Accounts has been deactivated. Should you violate this regulation, the Operator reserves the right to deactivate these Accounts as well.

General

• Applicable Law: The law of the Federal Republic of Germany shall apply exclusively, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods, to all legal relationships between the provider and the user; the place of jurisdiction is Munich.
• Minors: We do not offer products for purchase by minors. Our products for children can only be purchased by adults. If you are under 18 and make a purchase on our Services, please ask your parents to do so.
• Entire Agreement: These Terms constitute part of the agreement between you and the Operator regarding your use of the Service and other content and may not be changed or modified by you unless expressly communicated by the Operator through one of the Services. Your person may also be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. Furthermore, additional terms of service apply to some Services, which you must agree to before use.
• Waiver: The Operator's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. A waiver by either party of any breach or default hereunder shall not be deemed a waiver of any preceding or subsequent breach or default.
• Severability Clause: Should individual provisions of these Terms of Service be or become ineffective or unenforceable, the effectiveness of the remaining Terms of Service shall remain unaffected. The ineffective or unenforceable provision shall be replaced by such effective and enforceable provision that comes closest to the terms and conditions as a whole and the other contractual agreements in factual, legal, and economic terms. The foregoing provisions shall apply mutatis mutandis in the event that these Terms of Service prove to be incomplete.
• Conduct/Commercial Practices: Neither the conduct between the parties nor customary commercial practices shall effect any modification of any provision of these Terms of Service.
• Transferability: These Terms may not be transferred by you without the Operator's prior written consent, but are freely transferable by the Operator. Subject to the foregoing restriction, these Terms of Service shall be binding upon, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
• Compliance with Provisions: Upon the Operator's request, you will provide the Operator with all documents, evidence, or releases necessary to verify your compliance with these Terms.
• Claims Based on the Electronic Form of These Terms of Service: You hereby waive all claims that you may have based on the electronic form of these Terms of Service and the lack of signatures of the parties to execute these Terms of Service.
• Survival: You agree that, to the extent that the provisions of these Terms of Service are not limited in time by their nature, they shall continue to exist after the termination of the contractual relationship. In particular, this applies, insofar as legally permissible, to outstanding amounts you owe us, the sections Liability and Your Content, and these survival obligations.

Should you have any questions regarding these regulations, we will be happy to help you; please contact [email protected] for this purpose.

Thank you for using ScootKit products and for reading this legal document.

The terms used are not gender-specific.