End User License Agreement

Last updated: June 21, 2026

This End User License Agreement (the "EULA" or "Agreement") is a binding legal agreement between you ("you," "your," or the "User") and Octera ("Octera," "we," "us," or "our"), operated by itsJmikee LLC, a single-member limited liability company registered in Missouri, USA. This EULA governs your access to and use of the Octera Discord bot, the Octera web dashboard at https://dash.octera.xyz, the marketing site at https://octera.xyz, and all related software, features, modules, application programming interfaces, and services we make available (collectively, the "Service").

By adding the Octera bot to a Discord server, signing in to the dashboard with Discord OAuth, purchasing a premium subscription, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not agree, do not access or use the Service.

This EULA incorporates by reference, and is in addition to, the Octera Terms of Service. In the event of a direct conflict between this EULA and the Terms of Service regarding the license to use the software specifically, this EULA controls; in all other respects the Terms of Service apply. You must also comply with the Discord Terms of Service and the Discord Community Guidelines at all times.

1. Eligibility

You must be at least 13 years old, or the minimum age of digital consent in your country of residence if that age is higher, to use the Service. By using the Service, you represent and warrant that you meet this age requirement, that you have the legal capacity to enter into this Agreement, and that you are not barred from using the Service under any applicable law. If you are using the Service on behalf of a Discord server, organization, or other entity, you represent that you have the authority to bind that server or entity to this Agreement, in which case "you" and "your" also refer to that server or entity.

2. License Grant

Subject to your continued compliance with this EULA and the Terms of Service, Octera grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license to access and use the Service for its intended purposes, including server administration, moderation, anti-nuke security, economy and leveling features, tickets, automation and custom commands, music, AI moderation, reaction roles, and social notifications, in each case as made available to you and within the scope of any subscription tier you hold.

This license is granted to you personally (or to the server or entity on whose behalf you act) and may not be assigned, transferred, leased, or otherwise made available to any third party except as expressly permitted in this Agreement. All rights not expressly granted to you are reserved by Octera. No license is granted to any source code, and nothing in this Agreement transfers ownership of any part of the Service to you.

3. Your Responsibilities

You are solely responsible for your use of the Service and for any configuration, content, commands, automations, or actions you create, enable, or trigger through it. You agree that:

• You will use the Service only in compliance with all applicable local, state, national, and international laws and regulations, and with the Discord Terms of Service and Community Guidelines.
• You are responsible for obtaining and maintaining any Discord permissions, roles, and consents necessary for the Service to function in the servers where you deploy it.
• You acknowledge that the Service depends on third-party platforms and APIs (including Discord and the providers listed in Section 11), and that the availability, behavior, and continuity of those third parties is outside our control.
• You will keep your Discord account, credentials, and any access tokens secure, and you are responsible for all activity that occurs under your account or through servers you administer.
• You will ensure that any data you input, store, or process through the Service does not infringe the rights of, or cause harm to, any other person.

4. License Restrictions

Except as expressly permitted by this Agreement or by applicable law that cannot be contractually waived, you will not, and will not permit or assist any third party to:

• Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, or structure of the Service;
• Copy, modify, adapt, translate, or create derivative works of the Service or any part of it;
• Rent, lease, lend, sell, resell, sublicense, distribute, host, or otherwise commercially exploit the Service or make it available to any third party other than as intended through normal use;
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices contained in or displayed by the Service;
• Use the Service to harass, abuse, threaten, defraud, defame, or harm others, to distribute malware, or to engage in any unlawful, infringing, deceptive, or fraudulent activity;
• Use the Service in any manner that violates applicable law or the rules, terms, or policies of Discord or any other third-party platform;
• Circumvent, disable, or interfere with any rate limits, usage limits, security features, access controls, or premium gating; access premium features without an active, paid subscription that covers them; or attempt to gain unauthorized access to the Service, other users' data, or related systems;
• Use any robot, scraper, crawler, or other automated means to access, scrape, harvest, or extract data from the Service except through interfaces and within limits we expressly provide;
• Overload, flood, spam, or otherwise impair the proper functioning, integrity, or performance of the Service or the infrastructure on which it runs; or
• Use the Service to develop, train, or benchmark a competing product or service, or publicly disclose performance or benchmarking results without our prior written consent.

Any use of the Service in violation of these restrictions is a material breach of this Agreement and immediately terminates the license granted to you.

5. Ownership and Intellectual Property

The Service, including all software, code, features, designs, text, graphics, logos, the Octera name and brand, the Octera octopus mark, user interfaces, and all related intellectual property, is and remains the exclusive property of Octera and its licensors, and is protected by copyright, trademark, and other intellectual property laws. This Agreement grants you a license to use the Service, not a sale of any rights in it.

You retain ownership of the content and data you provide to or generate through the Service ("Your Content"). You grant Octera a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Your Content solely as necessary to operate, maintain, secure, and provide the Service to you and to your servers. We do not claim ownership of Your Content and we do not sell personal data.

6. Feedback

If you choose to send us suggestions, ideas, feature requests, bug reports, or other feedback about the Service ("Feedback"), you grant Octera a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, and incorporate that Feedback into the Service or any other Octera product or service, without any obligation, attribution, or compensation to you. Feedback is provided voluntarily and is not confidential.

7. Premium Subscriptions and Billing

Certain features of the Service are available only through a paid premium subscription. Premium is a membership from US $4.99 per month depending on the tier you choose (US $4.99, $9.99, or $14.99 for premium on 1, 2, or 3 servers). Memberships are billed and processed through Patreon. Patreon is responsible for billing, payment processing, and the collection and remittance of applicable taxes, and your purchase is also subject to Patreon's own terms and policies.

Subscriptions automatically renew at the then-current price each billing period until cancelled. You may cancel at any time, and cancellation takes effect at the end of the current billing period; unless required by applicable law, payments already made are non-refundable. We may change premium pricing or features on a prospective basis, with any price change applying to subsequent billing periods. Failure to maintain an active subscription, or any chargeback or payment dispute, may result in loss of access to premium features.

8. Term and Termination

This Agreement takes effect when you first access or use the Service and remains in effect until terminated as set out below.

You may terminate this Agreement at any time by ceasing all use of the Service and removing the Octera bot from your Discord servers. Octera may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including if you breach this Agreement or the Terms of Service, if required by law, or to protect the Service or other users. Where the breach is curable, we may, at our discretion, give you notice and an opportunity to cure before terminating, but we are not obligated to do so for breaches of Sections 3 or 4 or for conduct that risks harm to the Service or others, which may result in immediate termination.

Upon termination, the license granted to you ends immediately and you must stop using the Service. Sections relating to ownership and intellectual property, Feedback, disclaimers, limitation of liability, indemnification, governing law, and any other provisions that by their nature should survive will survive termination. Data handling after termination is described in Section 10.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OCTERA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Octera does not warrant that the Service will be uninterrupted, timely, secure, error-free, or free of harmful components; that any defects will be corrected; that the moderation, anti-nuke, AI moderation, or security features will detect, prevent, or remediate all harmful, abusive, or prohibited activity; or that any data will be preserved, accurate, or available. You use the Service, including any automated moderation or security action, at your own risk and remain responsible for the administration and safety of your own Discord servers. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Data, Privacy, and Retention

Your use of the Service is also governed by the Octera Privacy Policy, which describes what information we collect and how we use it. To provide the Service, we rely on the subprocessors and infrastructure providers listed in Section 11. We do not sell personal data.

We retain data associated with a Discord server for as long as the Octera bot remains in that server. After the bot is removed from a server, or upon a verified deletion request submitted through our Discord support server, the associated data is deleted within approximately 30 days, except where we are required or permitted to retain it longer by applicable law.

11. Subprocessors and Third-Party Services

The Service operates using the following third-party providers, each of which may process data as necessary to deliver the Service:

• Render — application hosting and PostgreSQL database;
• Cloudflare — marketing site hosting and content delivery network;
• Patreon — membership billing and payment processing;
• Anthropic — optional AI moderation features.

Your use of features that depend on third parties (including Discord) is also subject to those third parties' own terms and policies. Octera is not responsible for the acts, omissions, availability, or content of any third-party platform or service.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OCTERA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, OR FOR ANY SERVER DISRUPTION, RAID, NUKE, MODERATION FAILURE, OR THIRD-PARTY CONDUCT, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OCTERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OCTERA'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100.

These limitations form an essential basis of the bargain between you and Octera and apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Octera and its developer from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) Your Content or your configuration or operation of the Service in your servers; (c) your violation of this Agreement, the Terms of Service, applicable law, or the Discord Terms of Service; or (d) your violation of the rights of any third party. Octera reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

14. Governing Law and Dispute Resolution

This Agreement and any dispute arising out of or related to it or the Service are governed by the laws of the State of Missouri, United States, without regard to its conflict-of-laws principles. You and Octera agree that the exclusive venue and jurisdiction for any dispute that is not otherwise subject to an alternative resolution mechanism will be the state and federal courts located in Missouri, and each party consents to the personal jurisdiction of those courts and waives any objection to venue in them. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

15. Changes to This Agreement

Octera may update this EULA from time to time. When we make material changes, we will update the "Last updated" date above and may provide additional notice through the Service or our Discord support server. Your continued use of the Service after the changes take effect constitutes your acceptance of the revised Agreement. If you do not agree to the changes, you must stop using the Service and remove the bot from your servers.

16. General Provisions

This EULA, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and Octera regarding the Service and supersedes all prior or contemporaneous understandings on that subject. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later, and no waiver is effective unless in writing. You may not assign or transfer this Agreement or any rights under it without our prior written consent; we may assign it freely. Nothing in this Agreement creates any agency, partnership, joint venture, or employment relationship between you and Octera.

17. No Affiliation with Discord

Octera is an independent project and is not affiliated with, endorsed by, sponsored by, or in any way officially connected with Discord Inc. "Discord" and related marks are the property of Discord Inc. Your use of Discord is governed by Discord's own terms and policies.

18. Contact

The only way to contact us — for support, legal notices, copyright or DMCA notices to our designated agent, counter-notifications, privacy questions, and data-deletion requests, and any other notice under this Agreement — is to join our Discord support server. Please direct all such communications there.