Terms of Service

By creating an account, adding PeakBot to a Discord server, purchasing a subscription, or otherwise accessing or using the Service, you agree to these Terms, our Privacy Policy, our Refund Policy, and our Acceptable Use Policy, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” refers to it.

You must be at least 13 years old — or, if higher, the minimum age required to use Discord in your country of residence (up to 16 in some jurisdictions) — to use the Service. If you are under 18, you may use the Service only with the involvement and consent of a parent or legal guardian who has reviewed and agreed to these Terms on your behalf.

Purchases require an adult. You must be at least 18 years old (or the age of majority where you live) to purchase a subscription. If you are under 18, a parent or legal guardian must make the purchase and accept the billing terms on your behalf.

You may not use the Service if you have previously been banned from it or if doing so would violate any law that applies to you.

PeakBot is an AI-powered Discord server management platform. Key components include:

• AI Server Builder: an AI assistant that generates and applies Discord server structures (channels, roles, permissions, and feature configurations) based on your instructions;
• Bot features: moderation and AI moderation, welcome and goodbye messages, XP/leveling with role rewards, support tickets with transcripts, polls, giveaways, events, reaction roles, invite and source tracking, join-to-create voice channels, notifications, auto-responders, anti-raid and anti-nuke protection, server backups and restoration, custom embeds, verification flows, inactive-member management, Roblox account linking, Disboard bump tracking, and per-server bot profile customization;
• Template marketplace: pre-built server configurations you can browse and apply to your server;
• Web dashboard: for configuring features, viewing analytics, and managing billing.

The bot operates inside Discord servers owned and administered by its users and creates, modifies, and deletes server resources on behalf of server administrators. The Service depends on third-party platforms and APIs (including Discord and the AI providers listed in our subprocessor list); their availability affects the Service. We may add, change, or remove features over time. We will not materially reduce the core functionality of a paid plan mid-billing-cycle without offering an appropriate remedy (see Section 9).

You sign in with Discord OAuth2; we do not store a separate password. You are responsible for maintaining the security of your Discord account and for all activity that occurs through it on the Service. Notify us promptly at [email protected] if you suspect unauthorized use of your account.

When you add PeakBot to a Discord server, you represent that you have authority to do so. As a server administrator, you are responsible for:

• informing your server’s members that PeakBot is active in the server and what data it processes there (as described in our Privacy Policy);
• configuring moderation, AI moderation, anti-raid, and inactive-kick rules appropriately for your community, and reviewing the actions they take;
• understanding that the AI Builder, template application, and backup restoration will create, modify, reorganize, and delete channels, roles, permissions, and messages in your server;
• ensuring your server’s use of PeakBot complies with Discord’s Terms of Service and Community Guidelines;
• access control: anyone with Administrator permission in your Discord server can manage PeakBot’s settings for that server through the dashboard.

Your use of the Service must comply with our Acceptable Use Policy, which is part of these Terms. In short: no illegal use, no harassment or abuse, no spam, no interfering with or reverse-engineering the Service, no unauthorized access to other people’s servers, and no use of the AI features to generate harmful or deceptive content. We may suspend or terminate accounts that violate it.

You are interacting with artificial intelligence. The AI Server Builder and AI Moderation are powered by third-party AI models (including Anthropic Claude, Google Gemini, and OpenAI). When you use these features, you acknowledge and agree that:

• AI-generated content, server plans, and moderation decisions are provided “as is” and may be inaccurate, incomplete, or inappropriate for your situation;
• you are responsible for reviewing AI-generated changes and moderation outcomes before and after relying on them, and for all changes applied to your server;
• AI output is not professional, legal, medical, or financial advice;
• the underlying models may be updated, changed, or replaced at any time, which may change outputs;
• your prompts and relevant server context are processed by the AI providers listed in our subprocessor list as described in our Privacy Policy. Under the API terms we use, these providers do not train their models on your data;
• we do not use message content obtained from Discord to train AI models.

PeakBot offers a free tier and paid subscription plans (currently Starter, Pro, and Agency). Paid plans are sold as slots: each subscription grants a slot you assign to one Discord server (Agency plans cover multiple servers as described on the pricing page). Current pricing, inclusions, and limits are listed at peakbot.pro/pricing. Prices are in USD and exclude any applicable taxes.

• Automatic renewal. PAID SUBSCRIPTIONS RENEW AUTOMATICALLY at the end of each billing period (monthly or yearly) and your payment method is charged the then-current price for your plan, UNTIL YOU CANCEL. You consent to these recurring charges when you subscribe.
• How to cancel. You can cancel at any time in your dashboard (Settings → Billing) in a few clicks, with no calls, no support tickets and no extra steps. Cancellation takes effect immediately: it stops future charges and your paid features switch off straight away. The unused time in the period you already paid for is not refunded or credited.
• Renewal reminders. For yearly plans, we send a reminder with cancellation instructions between 15 and 45 days before the renewal charge.
• Payment processing. Payments are processed by Stripe. We never see or store your full card number. By providing payment information you authorize Stripe to charge the applicable fees.
• Price changes. We may change subscription prices with at least 30 days’ advance notice. Changes take effect at your next renewal; if you do not agree, cancel before the change takes effect.
• Grandfathered pricing. Customers on legacy pricing keep their rate until they switch plans, cancel, or let the subscription lapse; switching tiers moves you to current pricing.
• Promotions. Promotional codes and sale prices may apply, may be limited to one redemption per account, may expire, and may be revoked if abused. After a promotional period ends, the then-current regular price applies.
• Failed payments. If a renewal charge fails, we may retry it and notify you; continued failure may result in downgrade of the affected slot to the free tier.

Refunds are governed by our Refund Policy. In short: all payments are final and non-refundable, and nothing entitles you to a refund. We may choose to refund a charge in limited situations (for example billing errors, duplicate charges, or an accidental renewal after an attempted cancellation) — entirely at our discretion, case by case. You can cancel anytime from your dashboard, which stops future charges and ends your paid features immediately, with no refund for the unused time in the period you already paid for. Nothing in these Terms limits rights you have under the mandatory consumer laws of your country of residence that cannot be waived.

Subscriptions include reasonable use of AI features. We may limit, throttle, or temporarily disable AI features for accounts exhibiting excessive or abusive usage patterns — including automated scripting, intentional cost inflation, resale of AI capacity, or sustained usage that materially exceeds typical patterns for the plan.

Agency plan coverage is also subject to fair use. If Agency slots are used to cover an unreasonable number of servers or to white-label or resell PeakBot, we may require a custom plan or restrict coverage.

We will make a good-faith effort to contact you before acting on a fair-use issue, except in cases of clear abuse or where action is needed to protect the Service or other customers.

Our Privacy Policy describes what data we collect, how we use it, who processes it, how long we keep it, and your rights — including how to request access to or deletion of your data. Our current third-party processors are listed on the subprocessors page.

The Service — including its software, design, and content we created — is owned by PEAK AGENCY LLC and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

Your content. You retain ownership of content you create or configure through the Service (server setups, configurations, custom embeds, template submissions). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process that content solely as necessary to provide and improve the Service. If you publish a template to the public template marketplace, you also grant us and other users the right to display and apply that template.

AI outputs. As between you and us, you own the server plans and other outputs the AI generates for you, to the extent we have rights in them. Outputs are not guaranteed to be unique — similar prompts may produce similar outputs for other users.

Feedback. If you send us feedback or suggestions, we may use them without restriction or compensation.

We respect intellectual property rights and expect users to do the same. If you believe content on the Service infringes your copyright, send a notice compliant with 17 U.S.C. § 512(c)(3) to [email protected] with the subject line “DMCA Notice”, including: (a) identification of the copyrighted work; (b) identification and location of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; (e) a statement, under penalty of perjury, that the notice is accurate and you are authorized to act for the copyright owner; and (f) your physical or electronic signature.

We will remove or disable access to infringing material, may notify the user who posted it, and will terminate the accounts of repeat infringers in appropriate circumstances.

The Service integrates with third-party platforms — most importantly Discord, and also Stripe, Roblox, Disboard, YouTube, and Twitch. Your use of those platforms is governed by their own terms, and we are not responsible for them. Your use of PeakBot within Discord must comply with Discord’s Terms of Service and Community Guidelines.

PeakBot is an independent product of PEAK AGENCY LLC and is not affiliated with, endorsed by, sponsored by, or created by Discord Inc. “Discord” and the Discord logo are trademarks of Discord Inc.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL AI-GENERATED OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT AI OUTPUTS WILL BE ACCURATE OR RELIABLE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME. YOU USE BACKUP, RESTORE, AND BULK-CHANGE FEATURES AT YOUR OWN RISK — ALWAYS REVIEW CHANGES BEFORE APPLYING THEM TO A SERVER YOU CARE ABOUT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. If you are a consumer in the EU or UK, you have legal guarantees under your local law that these Terms do not limit.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PEAK AGENCY LLC NOR ITS MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR COMMUNITY MEMBERSHIP, ARISING OUT OF OR RELATING TO THE SERVICE — INCLUDING DAMAGES ARISING FROM AI-GENERATED CONTENT OR MODERATION DECISIONS, BACKUP OR RESTORE OPERATIONS, THIRD-PARTY OUTAGES (INCLUDING DISCORD AND AI PROVIDERS), OR UNAUTHORIZED ACCESS TO YOUR DATA — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY AND (ii) ONE HUNDRED U.S. DOLLARS (US$100).

These limitations do not apply to liability that cannot be limited by law, including liability for fraud, gross negligence, or willful misconduct. If you are a consumer in the EU or UK, nothing in this section limits liability that cannot be limited under the mandatory laws of your country of residence.

You agree to indemnify and hold harmless PEAK AGENCY LLC and its members, officers, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your violation of these Terms or the Acceptable Use Policy; (b) your violation of any third-party rights, including Discord’s terms; (c) content you create, configure, or distribute through the Service; or (d) your server’s use of moderation, backup, or AI features. This section does not apply to the extent prohibited by the consumer laws of your country of residence.

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access to the Service if you materially breach these Terms or the Acceptable Use Policy, if required by law, or if your use creates risk or possible legal exposure for us — where practicable, we will notify you and give you a chance to fix the problem first. If we terminate the Service (or your access) without cause while you have an active paid subscription, we will refund the prorated unused portion of what you prepaid.

On termination: your license to use the Service ends, and your data is handled per the retention and deletion rules in our Privacy Policy. You can request deletion of your data at any time (Privacy Policy, Section on Your Rights). Sections that by their nature should survive termination (including 12, 13, 15–17, 19, and 21) survive.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS (SEE 19.6).

19.1 Governing law. These Terms are governed by the laws of the State of California, USA, without regard to its conflict of laws rules. If you are a consumer in the EU or UK, you also benefit from any mandatory provisions of the law of your country of residence, and nothing in this section deprives you of that protection.

19.2 Informal resolution first. Before starting any formal proceeding, you and we agree to try to resolve the dispute informally: send a written notice describing the dispute to [email protected] (subject: “Notice of Dispute”), and we will do the same to the email on your account. If the dispute is not resolved within 60 days of the notice, either party may proceed under this section.

19.3 Binding arbitration. Except as provided in 19.4 and 19.7, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English, by videoconference or, if an in-person hearing is required, in the U.S. county where you live (or another mutually agreed location). The Federal Arbitration Act governs this section. We will pay all AAA filing, administration, and arbitrator fees beyond an amount equal to the then-current court filing fee in your local court of general jurisdiction, unless the arbitrator finds your claim frivolous.

19.4 Small claims and exceptions. Either party may instead bring an individual claim in small claims court. Either party may also seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or for unauthorized access to the Service.

19.5 Class action waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR CLASS-WIDE ARBITRATION. If this class waiver is found unenforceable as to a particular claim, then the arbitration agreement does not apply to that claim, which shall proceed in court, and the rest of this section remains in effect.

19.6 Your right to opt out. You may opt out of the arbitration agreement and class waiver (19.3 and 19.5) by emailing [email protected] within 30 days of first accepting these Terms, with the subject “Arbitration Opt-Out” and your Discord username. Opting out does not affect any other part of these Terms.

19.7 EU/UK consumers. If you are a consumer residing in the European Union or the United Kingdom, Sections 19.3–19.5 do not apply to you. You may bring proceedings in the courts of your country of residence, and you may also use the dispute resolution options available under your local consumer law.

19.8 Venue for non-arbitrated disputes. For disputes not subject to arbitration (and except as 19.7 provides otherwise), the state and federal courts located in California will have exclusive jurisdiction, and both parties consent to personal jurisdiction there.

We may update these Terms from time to time. If a change is material, we will give you at least 30 days’ advance notice through the Service, our Discord server, or the email or Discord account associated with your account, and we will update the effective date at the top of this page. Changes apply prospectively from their effective date. If you do not agree to a change, cancel your subscription and stop using the Service before the change takes effect; continued use after the effective date constitutes acceptance. Material changes to Section 19 (arbitration) will not apply to disputes that arose before the change.

• Entire agreement. These Terms (with the policies they incorporate) are the entire agreement between you and us about the Service and supersede prior agreements on that subject.
• Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary (or severed) and the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of the right to do so later.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets, with notice to you.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Language. These Terms are drafted in English. Any translation is provided for convenience only; the English version controls to the extent permitted by law.
• Export & sanctions. You may not use the Service in violation of U.S. export controls or sanctions laws.

PEAK AGENCY LLC
Email: [email protected]
Discord: discord.gg/peak (you can also report issues or violations relating to the app here)