Terms of Service
These Terms of Service (the "Terms," "Agreement," or "TOS") constitute a legally binding and enforceable contract between you ("User," "Client," "Licensee," "Data Subject," or "You") and The epic cake ("The Company," "TECIA," "We," "Us," or "Our"), a corporate entity organized and operating under the laws of the Commonwealth of Puerto Rico, United States of America. These Terms govern, in their entirety and without limitation, your access to and use of all Covered Products and Services, as that term is defined in the immediately following paragraph and in the Privacy Policy (to which these Terms are cross-referenced and incorporated by reference in full — see Privacy Policy, Preamble). These Terms must be read in conjunction with all other legal documents published by The Company, including but not limited to: the Privacy Policy, End-User License Agreement (EULA), Data Processing Agreement (DPA), Law Enforcement Policy, Sales Policy, and Vulnerability Disclosure Policy. Each such document is incorporated herein by reference and forms part of the total and indivisible legal agreement between You and The Company.
Definition — Covered Products and Services (Universal Scope): For all purposes of these Terms, "Covered Products and Services," "Services," and "Ecosystem" shall have the identical meaning ascribed to those terms in the Preamble of the Privacy Policy, which definition is incorporated herein by reference. Without limiting the foregoing, these Terms apply universally and unconditionally to: (a) all Discord bot applications published by The Company under any brand name, past, present, or future, including but not limited to Cosmos+, Cosmos+ Networks in its entirety (including all of its constituent features, sub-systems, premium tiers, verification modules, analytics engines, moderation tools, and future feature expansions), Cosmos+ Shield, ARAID, Helper+, and any successor or derivative product; (b) all web properties, APIs, SDKs, dashboards, and control panels; (c) all physical and digital goods and downloadable software; (d) all community, promotional, and support infrastructure; and (e) all present and future products developed by The Company or released under the Cosmos+ Networks product line, whether or not they are in existence at the time these Terms were last revised. The applicability of these Terms to a specific product or service shall not require amendment or re-publication of these Terms; the mere release or availability of any new product under The Company's brand shall automatically bring such product within the scope of these Terms. See also Privacy Policy, Preamble; DPA, § 1; EULA, § 1.
By accessing, installing, configuring, purchasing, downloading, or in any manner using any Covered Product or Service, or by continuing to use any such Covered Product or Service after notice of any amendment to these Terms (see Section 13), you expressly, unconditionally, and irrevocably agree to be bound by these Terms in their entirety. If you do not agree, you must immediately and permanently cease all use of all Covered Products and Services.
1. License to Use and Intellectual Property
1.1 License Grant: Subject to your strict and continued compliance with these Terms, The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and fully revocable license to access and use our Services solely for your personal use or internal community use within a single Discord server environment.
1.2 Ownership and Reservation of Rights: All rights, title, and interest in and to the Services—including but not limited to: all source code, algorithms, artificial intelligence models and weights, machine learning datasets, visual interfaces, trademarks (including "The epic cake," "Cosmos+," "ARAID," and "TECIA"), copyrights, patents, trade secrets, and all content created by us—are and shall remain the exclusive property of The epic cake. No rights are granted to you other than as expressly set forth herein.
1.3 Restrictions and Anti-Plagiarism: You expressly agree that you shall not: (a) reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying AI/ML model weights of the Services by any means; (b) resell, sublicense, redistribute, or otherwise commercialize the Services without prior written authorization from The Company; (c) use the Services or any outputs thereof to train, evaluate, benchmark, or develop competing Artificial Intelligence or Machine Learning models without The Company's express written consent; (d) engage in any form of plagiarism, cloning, or unauthorized replication of our systems, brand identities, branding materials, Discord server structures, or any related content. Such violations are subject to civil and criminal sanctions under applicable Puerto Rican and United States federal law.
2. Data Collection, Artificial Intelligence, and Usage Metrics
By using our Services, you expressly authorize The Company to monitor, collect, process, and analyze your use of the Services for the purposes set forth herein and in our Privacy Policy.
2.1 Telemetry and Comprehensive Analytics: The Company reserves the unrestricted right to collect technical, behavioral, operational, and performance data in real-time and on a continuous basis. This includes, without limitation: response times, command usage frequency, message content processed for bot functionality, interface interactions, system errors, navigation patterns, session data, voice activity, and all other forms of Service telemetry.
2.2 Perpetual Data Retention and AI Training: All collected data, including usage metrics, User-Generated Content, behavioral telemetry, and AI interaction logs, may be retained by The Company indefinitely and used for any lawful purpose, including but not limited to: operating and improving the Services, training and fine-tuning our proprietary and third-party Artificial Intelligence and Machine Learning models, generating business intelligence, and conducting research and development (R&D). By using our Services, you grant The Company a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable license to use your data for such purposes.
2.3 Artificial Intelligence Systems Disclosure: Our Services incorporate and are powered by Artificial Intelligence and Machine Learning technologies, including models hosted and operated by one or more of the following providers: Self-Hosted proprietary models, Groq, Grok (xAI), Anthropic (Claude), Cloudflare AI, Google AI (Gemini, Vertex AI), OpenAI (GPT), and additional providers as listed in our Privacy Policy. AI-generated outputs, responses, or decisions generated through our Services are provided on an "as-is" basis. The Company expressly disclaims all liability for any inaccuracies, errors, hallucinations, or harmful outputs generated by AI components of the Services. Your reliance on any AI-generated content is entirely at your own risk.
2.4 Future Evolution of Services and Telemetry: Our systems are in continuous development. The Company reserves the absolute and unconditional right to introduce new telemetry tracking mechanisms, data collection methodologies, AI integrations, and premium functionalities at any time without prior notice. Your continued use of the Services following any such changes constitutes your explicit and unconditional consent to the updated data collection and processing practices.
2.5 Premium License and Free Service Data Obligations: When you use a Premium Limited license, a free tier of our Services, or any item or benefit obtained through a giveaway or promotional event, you additionally agree that The Company will collect enhanced usage metrics concerning your interaction with those specific features to improve our systems and fulfill the terms of any applicable license.
3. Payments, Refunds, and Subscriptions
3.1 Payment Processing: All financial transactions are processed exclusively by authorized third-party payment processors (including WHOP, Stripe, and PayPal). The Company does not collect, store, or retain your full financial instrument information. All transactions are governed by the terms of the applicable payment processor.
3.2 Strict No-Refund Policy: Due to the digital and intangible nature of our products, all sales are final and non-refundable. Once a Premium Key or digital license has been delivered, activated, or otherwise made available to you, no refunds will be issued under any circumstances, including but not limited to: change of mind, server closure, personnel changes within your server, subjective dissatisfaction, or partial use.
3.3 Definition of "Lifetime" Tier: Any product, subscription, or tier designated as "Lifetime" refers exclusively to the operational lifetime of the specific Service or feature, as determined at The Company's sole discretion. The Company does not guarantee any minimum operational period. If the Service is discontinued, deprecated, or significantly restructured, no refund or compensation shall be owed. "Lifetime" expressly does not refer to the User's biological lifetime.
3.4 Chargebacks and Fraudulent Disputes: Any unauthorized or fraudulent chargeback, payment dispute, or reversal initiated by you will result in: (a) the immediate and permanent termination of your account; (b) revocation of all Premium licenses; (c) permanent blacklisting from all present and future Services; and (d) referral to our legal counsel for recovery of funds plus applicable legal fees and damages.
4. User Conduct and Acceptable Use
You represent and warrant that your use of the Services shall at all times comply with all applicable local, national, and international laws and regulations. You agree not to use the Services to:
- Violate the Terms of Service or Community Guidelines of any third-party platform upon which our Services operate, including without limitation Discord, Inc. and Roblox Corporation.
- Conduct or facilitate Distributed Denial of Service (DDoS) attacks, spam campaigns, phishing, or the distribution of malware, ransomware, or other malicious software.
- Host, distribute, upload, transmit, or promote illegal content, child sexual abuse material (CSAM), terrorism-related content, or hate speech as defined under the laws of Puerto Rico and the United States of America.
4.1 Administrator Responsibilities and Data Misuse: Server Administrators who are granted access to aggregated, non-sensitive user metrics through our Premium Dashboard or User Lookup Tools explicitly acknowledge and agree that such access is limited to the non-sensitive data described in our Privacy Policy. Server Administrators expressly agree not to use any accessible data to harass, stalk, witch-hunt, discriminate against, or otherwise harm any user. Misuse of provided analytics will result in the immediate revocation of all licenses and the permanent removal of our Services from the applicable server.
4.2 TECIA Staff Investigation and Technical Access: Authorized employees and contractors of The Company (members of the "TECIA" team) reserve the right, in their capacity as authorized representatives of The epic cake, to access any Discord server in which our Services are deployed for the exclusive purposes of: investigating abuse reports, diagnosing technical issues, providing support, enforcing our Terms, and conducting security audits. This access is exercised by Company personnel only and is not delegated to any external party. Users agree that such access does not constitute a privacy violation.
4.3 Internal Data Access (Company Personnel Only): All user data held within The Company's systems may be accessed, reviewed, and analyzed exclusively by employees and individuals formally contracted with The epic cake as a corporate entity, for purposes of quality assurance, moderation, debugging, and AI development. This right of internal access is strictly limited to Company personnel and is never extended to Discord server administrators, server staff, moderators, premium key holders, or any other non-Company individuals.
4.4 User-Generated Content Liability (Safe Harbor): The Company operates as a passive technical conduit for User-Generated Content (UGC) transmitted through our Services. We are not the authors, editors, or publishers of UGC and expressly disclaim all liability for illegal, infringing, defamatory, or otherwise harmful content posted by users. While we comply with valid DMCA notices and law enforcement requests, we assume no affirmative obligation to pre-screen, monitor, or curate all UGC.
5. Age Restrictions
Users must satisfy the minimum age requirements established by Discord, Inc. (a minimum of 13 years of age, or a higher age as required by the laws of your jurisdiction) to use our Services. Users who do not meet the applicable minimum age requirements are strictly prohibited from accessing or using the Services, with particular emphasis on features involving simulated gaming, virtual currency, and the economy system.
6. Virtual Economy and Simulated Casino Disclaimer
Our bots incorporate complex virtual economy systems and simulated casino-style games. The Company explicitly declares that all virtual currencies (e.g., "Planets," in-game coins), items, and rewards: (a) have no real-world monetary value; (b) cannot be exchanged, sold, transferred, or redeemed for real-world currency, goods, or services; and (c) are provided strictly for entertainment and engagement purposes within the context of our Services. The Company is not liable for any virtual losses incurred within these simulated environments. All simulated gambling features are strictly entertainment-only and do not constitute real gambling under any applicable legal definition.
7. Disclaimer of Warranties
THE SERVICES, INCLUDING ALL ARTIFICIAL INTELLIGENCE COMPONENTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EPIC CAKE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED.
7.1 AI Output Disclaimer: THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR LEGALITY OF ANY CONTENT GENERATED, SUGGESTED, OR PRODUCED BY ARTIFICIAL INTELLIGENCE COMPONENTS OF OUR SERVICES. AI-GENERATED OUTPUTS MAY BE INACCURATE, INCOMPLETE, BIASED, OR OTHERWISE UNSUITABLE FOR ANY PARTICULAR PURPOSE. RELIANCE ON AI OUTPUTS IS ENTIRELY AT YOUR OWN RISK.
7.2 Data Accuracy: We do not guarantee the accuracy, completeness, or reliability of any analytics, metrics, or lookup data provided through our dashboards or bots. Decisions made based on our data are entirely at your own risk.
7.3 Third-Party Integrations and APIs: We are not responsible for any issues, data breaches, service interruptions, or damages arising from interactions between our Services and third-party platforms, including but not limited to Discord, Stripe, Roblox, Groq, OpenAI, Anthropic, Google, Cloudflare, or any other integrated provider.
8. Limitation of Liability and Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE EPIC CAKE, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION: LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF REPUTATION, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR DAMAGES RESULTING FROM (i) RELIANCE ON AI-GENERATED CONTENT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (iii) BOT DOWNTIME, SERVER OUTAGES, OR MISCONFIGURATION BY A SERVER ADMINISTRATOR; OR (iv) ANY OTHER MATTER ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY, FOR ANY REASON AND UNDER ANY CAUSE OF ACTION, SHALL BE LIMITED TO THE GREATER OF: (a) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (b) ONE UNITED STATES DOLLAR (USD $1.00).
8.1 Indemnification (Hold Harmless): You agree to indemnify, defend (with counsel acceptable to The Company at our election), and hold harmless The epic cake, its affiliates, developers, employees, and agents from and against any and all claims, actions, proceedings, investigations, demands, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from or related to: (i) your use of or access to the Services; (ii) your breach of any provision of these Terms; (iii) your violation of any applicable law or third-party right, including any intellectual property, privacy, or contractual right; or (iv) any claim that your use or misconfiguration of the Services caused damage or harm to a third party or Discord server community.
9. Dispute Resolution, Arbitration, and Class Action Waiver
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico and the applicable federal laws of the United States of America, without regard to any conflict of law principles.
9.1 Mandatory Binding Arbitration: ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE RELATIONSHIP BETWEEN YOU AND THE COMPANY — INCLUDING QUESTIONS OF ARBITRABILITY — SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING, INDIVIDUAL ARBITRATION ADMINISTERED IN SAN JUAN, PUERTO RICO, UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) OR A COMPARABLE ARBITRAL BODY SELECTED BY THE COMPANY. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You waive any right to a trial by jury for any such dispute.
9.2 Class Action Waiver (Critical Provision): YOU EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO BRING ANY CLAIM AGAINST THE EPIC CAKE AS A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION, OR TO PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION PROCEEDING OF ANY KIND. All disputes must be resolved on an individual basis only. No arbitration award or decision shall have any preclusive effect in any other proceeding.
9.3 Global Application and Jurisdictional Waiver: By using our Services from any location in the world — including jurisdictions within the European Economic Area (EEA), the United Kingdom, or any other territory with data protection legislation — you agree that the laws of the Commonwealth of Puerto Rico shall govern any and all disputes related to the Services. You irrevocably waive any right to invoke the jurisdiction of courts in your country of residence, to the maximum extent permitted by international law.
9.4 Informal Resolution Requirement: Prior to initiating any arbitration proceeding, you must provide The Company with written notice of the dispute and allow a thirty (30) day period for informal good-faith resolution.
9.5 Force Majeure: The Company shall not be liable for any failure or delay in performance arising from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, warfare, pandemics, cyberattacks, severe internet infrastructure failures, power outages, or third-party platform failures (e.g., Discord API unavailability).
9.6 Severability: If any provision of these Terms is adjudged to be unenforceable or invalid by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.
10. Giveaways and Promotional Events
Any giveaway, promotional event, or contest may be modified, cancelled, or rerolled at The Company's sole and absolute discretion at any time and without notice or compensation. Any prize, reward, or benefit designated as "Permanent," "Lifetime," or similar may be revoked, modified, or discontinued at any time due to product changes, service discontinuation, policy updates, or any other operational reason determined by The Company.
11. Artificial Intelligence — Specific User Grant and Acknowledgment
11.1 License Grant for AI/ML Development: By using our Services, you grant The Company a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable license to use, reproduce, process, adapt, modify, and create derivative works from all data, inputs, content, and telemetry associated with your use of the Services, including User-Generated Content, for the purpose of training, fine-tuning, evaluating, benchmarking, and operating Artificial Intelligence and Machine Learning models and systems, whether proprietary or operated by authorized third-party providers as specified in our Privacy Policy.
11.2 AI Output Limitation: You acknowledge and agree that AI-generated content, recommendations, moderation decisions, or automated actions produced through our Services are not guaranteed to be accurate, unbiased, or appropriate for any particular context. The Company shall bear no liability for AI-generated errors, misclassifications, or outputs that you act upon.
12. Non-Affiliation Disclaimer
The epic cake and its Ecosystem, including all associated bots and Services, are independent from and not affiliated, associated, authorized, endorsed by, or officially connected with Discord Inc., Roblox Corporation, WHOP, OpenAI, Anthropic, Google, Cloudflare, xAI, Groq, or any of their subsidiaries, affiliates, or partners. All third-party trademarks, service marks, trade names, and logos are the property of their respective owners and are referenced solely for informational and descriptive purposes.
13. Amendments to These Terms
The Company reserves the unconditional and unilateral right to amend, modify, supplement, or replace any provision of these Terms at any time without prior individual notice to users. The "Last Updated" date at the top of this document indicates the date of the most recent revision. Your continued use of the Services following the posting of any modification constitutes your unconditional acceptance of and agreement to be bound by the revised Terms.