Terms for server owners

1. Modhelm is provided by Marlon Güttler, c/o Realisator Media GmbH, Bayernring 7, 12101 Berlin, Deutschland ("Modhelm", "we"). The contracting party is the owner of a Discord server or the team of a Roblox game for which Modhelm is used ("customer", "you").
2. We offer paid plans and the moderation service only to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), meaning people and companies that use Modhelm for a game, a community or a studio in the course of a trade or self-employed activity. By booking, you confirm this. We may ask for proof, for example a company name or a VAT ID.
3. Private individuals may also use the free plan. For them these terms apply subject to mandatory consumer protection law.
4. Anyone who accepts these terms for a server must be of legal age or act with the consent of their legal guardians, and must be authorised to act for the server.
5. Conflicting terms of the customer do not apply, even if we do not expressly object to them.

1. The contract for the free plan is concluded when an admin of the server accepts these terms and the data processing agreement in the dashboard. The contract for a paid plan is concluded when the booking through Stripe on our website or through Discord is completed. The moderation service is booked in the dashboard or by a separate contract.
2. Before booking you can check and correct your details. The contract languages are German and English. Only the German version is binding.
3. These terms are available at any time at modhelm.com/legal/terms and can be saved and printed. We store the contract text, its version and the time of your acceptance.
4. Towards entrepreneurs, the duties under § 312i(1) sentence 1 nos. 1 to 3 BGB do not apply.

1. Modhelm is a Discord bot with a web dashboard, a portal and a mobile app. Depending on the plan, Modhelm includes in particular: reports with evidence from Discord, the portal and the game, decisions (ban, temporary ban, acquittal) that are applied in the game through Roblox Open Cloud, prior records and notes, appeals with waiting periods, network-wide verification, game groups for bans across several of your own games, export, white label and the moderation service.
2. The exact scope follows from the description of the booked plan on our pricing page at the time of booking. Features we mark as beta may still change.
3. We provide support through our support Discord and by email. Fixed response times apply only if we promise them for your plan.
4. We keep developing Modhelm. We may change features if the agreed core of the service is preserved and the change is reasonable for you.

1. With the moderation service, trained Modhelm moderators handle open reports of your server. They decide on ban, temporary ban or acquittal according to your rules, your ban reason templates and applicable law. Appeals always stay with your team.
2. You provide your rules in text form and name a contact person. Cases we cannot decide reliably without your team's knowledge are handed back to your team. We handle indications of criminal offences under section 8.
3. Your team keeps full access, sees every decision with its reason and can change it.
4. We owe careful handling according to these rules, but no particular result. Handling times apply only if we expressly agree on them.
5. The fee consists of a monthly base fee and a fee per started block of 100 moderations in a calendar month. A moderation is every decision by our team on a report (ban, temporary ban or acquittal) and every change of an earlier decision by our team. You can see the count at any time in the dashboard. You can object to the billing within 30 days of receiving the invoice.
6. The moderation service is not sold through Discord. If we have concluded a separate contract, it takes precedence.

1. For your own bot you create your own Discord application. It belongs to you. You give us its application ID, bot token and client secret. We operate the bot as a service provider within the meaning of Discord's Developer Terms exclusively for you, use the token and the data we receive through your application only for that purpose, and delete them when white label ends.
2. You enter your own privacy policy and your own terms in your Discord application, turn on the required intents yourself, and take care of verifying your application with Discord when that becomes necessary.
3. For your own domain you set up the DNS records following our instructions. We obtain a TLS certificate for it. The domain name then appears in public Certificate Transparency logs.
4. Your domain and your bot show no reference to Modhelm. You are responsible for the imprint and privacy notice there and add them before the domain goes live.

1. To use Modhelm you need a Discord server on which you have the necessary permissions, and for bans a Roblox Open Cloud API key with the described permissions. Roblox disables keys that are not used for 60 days. We therefore check your keys regularly and report problems in the dashboard.
2. Modhelm uses the interfaces of Discord and Roblox. We have no influence on these platforms. If they change or restrict their interfaces or terms, features may be limited. We then adapt Modhelm as quickly as is reasonable.

1. Privacy notices: you are the controller for the moderation data of your community. You inform players and members about the processing of their data, for example through the privacy page of your portal or your own privacy policy, and you answer requests from data subjects. We support you under the data processing agreement.
2. Fair and lawful moderation: you decide on reports, bans and appeals yourself and on your own responsibility. You moderate according to your published rules, objectively and without discrimination, use the data only for moderation, and take particular care with children's data.
3. Platform rules: you comply with the terms of use and community rules of Roblox (including the terms for creators) and of Discord. Reasons shown to players at Roblox contain no user names, links or private data. With a white label bot you also comply with Discord's Developer Terms and Developer Policy.
4. Content: you do not upload illegal content and make sure your team does not either. You store only content that is needed for moderation.
5. Credentials: you keep API keys, bot tokens and access secret, give keys only the permissions they need, and inform us immediately if you suspect misuse.
6. Your team: you are responsible for the actions of the people you give access to through roles. Remove access when someone leaves your team.
7. No misuse: you may not use Modhelm for spam, attacks, building profiles across servers or circumventing limits, may not query it automatically except through our API, and may not reverse engineer Modhelm except where the law allows it.

These rules inform you under Art. 14 DSA about which content is allowed on Modhelm and how we deal with violations.

1. Which content is stored: reports, evidence (videos, images, links), appeals, notes, applications and settings that customers, their teams and players store on Modhelm.
2. What is not allowed: illegal content, child sexual abuse material, content that infringes the rights of others (for example copyright or personality rights), publishing other people's private data, malware, and content that violates these terms.
3. How we learn about it: through notices under Art. 16 DSA via our notice form, through notices by email or in support, through copyright notices and through our own checks. There is no general monitoring.
4. How we decide: a person reviews every notice. We do not use algorithmic decision-making. Only technical checks run automatically, such as file type, file size, limits against abuse and signatures.
5. Possible measures: removing or disabling content, restricting features, temporarily or permanently suspending the access of a user or server. We choose the mildest sufficient measure and consider severity, frequency and the rights of everyone involved.
6. Statement of reasons: we inform those affected with a statement of reasons under Art. 17 DSA if we have their contact details.
7. Complaints: you can complain about our decision free of charge within six months by email or ticket. A person reviews it, where possible a different person from the one who made the original decision, and we reply with reasons. The courts remain open to you.
8. Criminal offences: if we become aware of information giving rise to a suspicion of a criminal offence that threatens life or safety, we inform the competent authorities (Art. 18 DSA).
9. Decisions in games: bans and unbans in Roblox games are decisions of the respective game team. Modhelm only provides the tool. With the moderation service we decide on behalf of the team and according to its rules.

1. We strive for high availability but do not owe any particular availability unless we expressly agree on it.
2. We announce maintenance in advance where possible. Our status page shows the current state.
3. Outages of Discord, Roblox or other third parties outside our control are not our responsibility. Bans that have been set at Roblox stay in place even if Modhelm is down.

1. The prices on our pricing page at the time of booking apply. All prices are net prices in euros plus statutory VAT where applicable.
2. Paid plans are billed in advance monthly or annually, depending on the chosen term. The fee per 100 moderations is billed monthly in arrears. You agree that we issue invoices electronically.
3. Stripe: when you book on our website, Stripe processes the payment. The payment methods offered there apply.
4. Discord: for purchases in Discord, Discord is the seller and handles payment, taxes, renewal, cancellation and refunds under Discord's terms. Prices in Discord are never higher than on our website.
5. Guarantees: if we offer a money-back guarantee on the pricing page, it applies under the conditions stated there. Otherwise we refund amounts already paid only where the law requires it.
6. We announce price changes at least 30 days in advance in text form. You may then terminate with effect from the date of the change.
7. If you are in default of payment, we may suspend paid features after a reminder until payment is made. Your data is kept.
8. You may only set off claims that are undisputed or have been finally established by a court.

1. The free plan runs for an indefinite period. You can end it at any time by removing the bot and deleting your server data in the dashboard. We can end it with 30 days' notice.
2. Paid plans run for one month or one year, as chosen, and renew automatically for the same term. You can cancel at any time with effect from the end of the current term, through the dashboard and Stripe's customer portal or in Discord, depending on where you booked.
3. You can terminate the moderation service with 14 days' notice to the end of a month, unless agreed otherwise.
4. The right to terminate for good cause remains unaffected, for example in case of serious or repeated violations of these terms.
5. After a paid plan ends, your server continues on the free plan unless you end it. Features and data that are only available in the paid plan are then no longer available. You can still use the export.

These rules implement Art. 23 to 26 of the EU Data Act.

1. You can switch to another provider or to your own systems at any time. There is no notice period for announcing the switch, termination under section 11 is enough. You can request the switch in text form.
2. When the notice period has expired, a transition period of 30 days applies. During this time we continue the service as far as needed for the switch, maintain security and support you to a reasonable extent. The contract ends when the switch has been completed successfully, at the latest when the transition period ends.
3. Exportable data (exhaustive list): server settings, connected games (without API keys), reports with all evidence files, decisions and penalties, appeals, notes, ban reason templates, your server's log, the verifications in your server and the records of consent relating to your server. The export is provided in a common machine-readable format (JSON and original files).
4. Not exported (exhaustive list): API keys, bot tokens, client secrets and other credentials (for security reasons, you can create new ones at Roblox and Discord), hashes of sessions and API tokens, Modhelm's internal security and server logs.
5. Known risks to continuity: bans set at Roblox and messages the bot has posted in your Discord server stay there. A new provider needs its own API key. Our infrastructure is located in Germany.
6. You can download the export in every plan at any time in the dashboard, and for at least 30 days after the end of the transition period. After that we delete the data completely.
7. We charge no fees for switching or export.

1. You are the controller for the moderation data of your community and we are your processor. The data processing agreement is part of this contract. This also applies to decisions of our moderation service.
2. We are the controller for our own data, as described in our privacy policy. This includes network-wide verification.

1. Content that you and your team store on Modhelm remains yours. You grant us only the rights we need to provide the service, meaning to store content, convert it (for example to make videos smaller), show it to your team and transmit it to Discord and Roblox.
2. We do not use your data for other purposes, do not sell it and do not use it to train AI.
3. You confirm that you hold the necessary rights to the content you upload.
4. We may freely use suggestions and feedback about Modhelm. We name your server or game as a reference only with your consent.

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and where we have given a guarantee.
2. Beyond that, we are not liable on the free plan. It is provided free of charge, so the standard of §§ 521 and 599 BGB applies accordingly.
3. On paid plans, for slight negligence we are liable only for breach of an essential contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In that case liability is limited to the damage that was foreseeable and typical for the contract when it was concluded, and in total to no more than the fees you paid us in the twelve months before the damaging event.
4. For loss of data we are liable only for the effort that would have been needed to restore it with regular backups.
5. You are responsible for decisions that you or your team make with Modhelm. Paragraphs 1 and 3 apply to decisions of our moderation service.
6. Claims under paragraph 3 become time-barred one year after the statutory limitation period begins.
7. These rules also apply to our employees and agents. Liability under Art. 82 GDPR remains unaffected.

Modhelm is an independent service. It is not affiliated with, endorsed or sponsored by Roblox Corporation or Discord Inc. Roblox and Discord are not responsible for Modhelm. Roblox and Discord are trademarks of their respective owners.

1. Modhelm is offered from Germany and can be used worldwide. You make sure that your use is also lawful under the law of your country.
2. Export controls and sanctions: you confirm that you are not located in a country or territory subject to a comprehensive embargo by the EU, Germany, the United Nations or the United States, and that neither you nor your team are on a sanctions list of these bodies. We may refuse bookings and end contracts where sanctions law requires it.
3. VAT: if you are established in another EU country and provide a valid VAT ID, you account for the VAT yourself (reverse charge). Without a valid VAT ID we charge German VAT. If you are established outside the EU, German VAT usually does not apply and you take care of taxes in your country. Should we charge consumers in the EU in future, we will pay the VAT of their country through the OSS scheme. For purchases in Discord, Discord takes care of taxes.
4. Withholding taxes: if the law of your country requires you to withhold taxes from payments to us, the amount increases so that we receive the agreed price in full.
5. Currency: we bill in euros. If Stripe shows you a price in another currency, the amount shown there applies.

1. We may change these terms with effect for the future if there is an objective reason, for example new features or changed laws. We do not change prices or the core of the service this way.
2. Free plan: we inform you at least 30 days in advance in the dashboard. If you do not agree, you can stop using the service at any time.
3. Paid plans: we inform you about significant changes at least six weeks in advance in text form and in the dashboard. You can object to the change until it takes effect. If you do not object, the change is deemed accepted. We point this out in the notice. If you object, either party may terminate the contract with effect from the date the change takes effect.

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection rules of the country in which a consumer has their habitual residence remain unaffected.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the place of jurisdiction is Berlin. We may also sue at the customer's place of business.
3. We may transfer this contract to a company that takes over or continues Modhelm. We inform you in advance in text form. You may then terminate the contract with effect from the date of the transfer.
4. If a provision is invalid, the remaining provisions remain valid.
5. Declarations under this contract can be made in text form, for example by email.