Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Fogges S.L, a Sociedad Limitada (SL) registered in Spain with CIF ESB70788245, having its registered office at Calle Diseminado N 266, 39626, Cantabria, Spain ("index-cord", "we", "us", or "our").

By accessing or using the index-cord service (the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

You represent that you have the legal capacity to enter into these Terms. If you are accessing the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

For the purposes of these Terms:

• "Service" means the index-cord platform, including all related software, applications, APIs, and services provided by us.
• "User" means any individual or entity that creates an account and uses the Service.
• "Guild" means a Discord server that you connect to the Service for message indexing and search functionality.
• "Content" means any text, images, data, or other materials from your Discord Guild that are processed by the Service.
• "Subscription Plan" means the paid tier that you select for your Guild.
• "Personal Data" means any information relating to an identified or identifiable natural person as defined by GDPR.

index-cord provides a Discord message management and indexing platform with the following core features:

• Real-time and historical Discord message indexing
• Full-text search capabilities across your Guild's messages
• Message backfill processing for historical data
• Analytics and insights about your Discord community
• Thread management and organization
• Custom domain support (on applicable plans)
• SEO optimization for public Discord content

The Service integrates with Discord through their official API and requires proper authorization from Discord Guild administrators to function.

4.1 Registration

To use the Service, you must create an account by authenticating through Discord OAuth. By creating an account, you agree to:

• Provide accurate and complete information
• Maintain and promptly update your account information
• Be at least 13 years of age (Discord's minimum age requirement)
• Have proper authorization to connect any Guilds to the Service

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

4.3 Guild Administrator Responsibilities

If you connect a Guild to the Service, you represent and warrant that:

• You have the necessary permissions and authority to do so
• You have obtained all necessary consents from Guild members for data processing
• You will comply with Discord's Terms of Service and Community Guidelines
• You are responsible for ensuring your Guild's Content complies with all applicable laws

5.1 Available Plans

You can choose between the following subscription tiers:

5.2 Billing Terms

• Subscriptions are billed in advance on a monthly or annual basis
• All prices are in USD and exclude applicable taxes
• Your subscription automatically renews unless cancelled before the renewal date
• Price changes will be communicated 30 days in advance and apply to subsequent billing periods

5.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Upon cancellation:

• Monthly subscriptions: No refund for the current billing period; access continues until period end
• Annual subscriptions: Refund available within 14 days of initial purchase (EU consumer right of withdrawal); after 14 days, pro-rated refund may be provided at our discretion
• No refund for partial months or violations of these Terms

5.4 Member Limit Enforcement

If your Guild exceeds the member limit for your current plan:

• You will receive a notification to upgrade within 7 days
• Failure to upgrade may result in service degradation or suspension
• Overages are calculated based on total Guild member count, not active users

6.1 Payment Provider

All payments are processed securely through Stripe, Inc. ("Stripe"). By providing payment information, you agree to Stripe's Services Agreement and Privacy Policy. We do not store your complete credit card information on our servers.

6.2 Payment Authorization

By providing a payment method, you authorize us to charge all fees incurred through your account to that payment method. If automatic billing fails, we will attempt to notify you and provide a grace period to update your payment information.

6.3 Taxes

All fees are exclusive of applicable taxes (including VAT, GST, or sales tax). You are responsible for paying all taxes associated with your use of the Service. If we are required to collect or pay taxes, they will be charged to your payment method.

6.4 Failed Payments

If payment fails or is declined:

• We will attempt to charge your payment method up to 3 times
• Your account may be suspended after 7 days of failed payment
• You remain responsible for all fees incurred during the suspension period
• Accounts suspended for over 30 days may be subject to termination and data deletion

7.1 Compliance with Discord

You must comply with Discord's Terms of Service, Community Guidelines, and Developer Terms of Service at all times. Any violation of Discord's terms may result in immediate suspension or termination of your index-cord account.

7.2 Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Infringe upon intellectual property rights of others
• Transmit viruses, malware, or any malicious code
• Attempt to gain unauthorized access to the Service or related systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Resell, sublicense, or redistribute the Service without authorization
• Use the Service to harass, abuse, or harm others
• Store or process Content that contains illegal material, including CSAM
• Bypass any technical limitations or restrictions in the Service
• Use the Service in a manner that could damage, disable, or impair our infrastructure

7.3 Content Responsibility

You are solely responsible for all Content associated with your Guild. We do not pre-screen Content, but we reserve the right to remove or disable access to Content that violates these Terms or applicable laws.

7.4 Reporting Violations

If you become aware of any violation of these Terms, please report it to [CONTACT_EMAIL]. We will investigate and take appropriate action.

8.1 Privacy Policy

Our collection and use of Personal Data is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices.

8.2 Data We Collect

We collect and process the following types of data:

• Account Data: Discord user ID, username, email, avatar
• Guild Data: Server name, ID, member count, channel structure
• Message Data: Message content, timestamps, author information, attachments
• Usage Data: Search queries, feature usage, access logs
• Analytics Data: Through Google Analytics and PostHog (see below)

8.3 Third-Party Analytics

We use the following third-party analytics services to improve the Service:

• Google Analytics: Tracks website usage, page views, and user interactions. Data is subject to Google's Privacy Policy.
• PostHog: Product analytics and feature usage tracking. Data is processed in accordance with PostHog's Privacy Policy.

You can opt out of analytics tracking through your browser settings or by contacting us.

8.4 GDPR Rights (EU Users)

If you are located in the European Union or European Economic Area, you have the following rights under the General Data Protection Regulation (GDPR):

• Right of Access: Request a copy of your Personal Data
• Right to Rectification: Correct inaccurate or incomplete data
• Right to Erasure: Request deletion of your data ("right to be forgotten")
• Right to Restriction: Limit how we process your data
• Right to Data Portability: Receive your data in a structured format
• Right to Object: Object to certain processing activities
• Right to Withdraw Consent: Withdraw consent at any time

To exercise these rights, contact us at [CONTACT_EMAIL]. We will respond within 30 days.

8.5 Data Retention

We retain your data as follows:

• Account Data: Until account deletion, then 30 days for recovery
• Message Data: Until Guild disconnection or account deletion, then 90 days
• Billing Records: 10 years (as required by Spanish tax law)
• Analytics Data: Up to 26 months (Google Analytics default)

8.6 Data Security

We implement industry-standard security measures including encryption, access controls, and regular security audits. However, no method of transmission over the internet is 100% secure.

8.7 Data Processing Agreement

When you connect a Guild to the Service, we act as a data processor on your behalf. You remain the data controller responsible for ensuring lawful processing of Guild members' data.

9.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content (excluding User Content), is owned by index-cord and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

9.2 License to Use Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

9.3 Your Content

You retain all ownership rights to your Content. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and index your Content
• Display your Content back to you and authorized users
• Create derivative works (e.g., search indices, analytics) as necessary to provide the Service
• Back up your Content for disaster recovery purposes

This license terminates when you delete your Content or close your account, except for backup copies retained during our standard retention period.

9.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without any obligation to you.

9.5 Trademark Usage

"index-cord" and our logos are trademarks of Fogges S.L. You may not use our trademarks without prior written permission.

10.1 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance (announced in advance when possible)
• Emergency maintenance or security updates
• Technical issues beyond our control (hosting providers, Discord API, etc.)
• Force majeure events

10.2 Service Level Agreement

SLA terms and remedies. Growth Engine and Traffic Machine plans do not include an SLA.

10.3 Modifications to Service

We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice for material changes that negatively affect your use of the Service.

10.4 Beta Features

We may offer beta or experimental features. These features are provided "as is" without warranty and may be changed or discontinued at any time.

10.5 Third-Party Dependencies

The Service depends on Discord's API and infrastructure. We are not responsible for disruptions caused by Discord's service changes, outages, or policy modifications.

11.1 Disclaimer of Warranties

THE SERVICE IS 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected

11.2 Limitation of Liability (General)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INDEX-CORD, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or Content
• Business interruption
• Loss of goodwill or reputation
• Any other intangible losses

11.3 Liability Cap

Our total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the greater of:

• The amount you paid us in the 12 months preceding the claim, or
• €100 (one hundred euros)

11.4 EU Consumer Rights

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable EU law

If you are an EU consumer, you have certain statutory rights that cannot be waived by these Terms.

11.5 Indemnification

You agree to indemnify, defend, and hold harmless index-cord from any claims, losses, liabilities, damages, costs, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your Content or Guild's Content
• Your use of the Service in a negligent or unlawful manner

12.1 Termination by You

You may terminate these Terms at any time by:

• Canceling your subscription through your account settings
• Deleting your account
• Sending a termination request to [CONTACT_EMAIL]

Upon termination, you will retain access to paid features until the end of your current billing period.

12.2 Termination by Us

We may suspend or terminate your account immediately without notice if:

• You violate these Terms or applicable laws
• Your payment method fails or account is past due
• Your use of the Service poses a security risk or threatens other users
• You engage in fraudulent or abusive behavior
• We are required to do so by law or court order
• Discord revokes our API access or your Guild violates Discord's Terms

12.3 Effect of Termination

Upon termination of your account:

• Your access to the Service will be immediately disabled
• Your Content will be queued for deletion according to our data retention policy
• You will receive a final invoice for any outstanding charges
• All licenses granted under these Terms will immediately terminate
• Sections of these Terms that by their nature should survive termination will continue to apply

12.4 Data Retrieval

You may request an export of your Content within 30 days of account termination by contacting [CONTACT_EMAIL]. After 30 days, we cannot guarantee data availability.

12.5 No Liability for Termination

We shall not be liable to you or any third party for any termination of your access to the Service, except as required by applicable law.

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Santander, Spain. However, we may seek injunctive relief in any court of competent jurisdiction.

13.3 EU Consumer Rights

If you are an EU consumer, nothing in this section affects your rights under EU consumer protection laws, including your right to bring proceedings in your country of residence.

13.4 Informal Resolution

Before filing a legal claim, please contact us at [CONTACT_EMAIL] to attempt to resolve the dispute informally. We commit to working in good faith to reach a mutually acceptable resolution.

13.5 EU Online Dispute Resolution

EU consumers may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

13.6 Class Action Waiver

To the extent permitted by law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email at least 30 days before the changes take effect
• Display a prominent notice in the Service

14.2 Acceptance of Changes

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and may cancel your subscription for a pro-rated refund.

14.3 Material Changes

Material changes include (but are not limited to):

• Changes to pricing or billing terms
• Changes to data processing or privacy practices
• Changes to dispute resolution procedures
• Significant reductions in functionality

14.4 Version History

Previous versions of these Terms are available upon request by contacting [CONTACT_EMAIL].

If you have any questions, concerns, or requests regarding these Terms or the Service, please contact us:

Data Protection Officer

For GDPR-related inquiries, you may contact our Data Protection Officer at:

Email: contact@fogges.com (Subject: GDPR Request)

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

Last Updated: 2025-10-14
index-cord is operated by Fogges S.L
CIF: ESB70788245 | Registered in Spain