Terms of Service

1. Definitions

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 13 years of age to use the Services. If you are located in the European Economic Area, you must be at least 16 years of age. By using the Services, you represent and warrant that you meet these age requirements.

2.2 Account Creation

Access to certain features of the Services requires authentication through Discord. By authenticating, you authorize us to access certain information from your Discord account as described in our Privacy Policy. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

2.3 Entity Accounts

If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to this Agreement, and the term "you" will refer to that organization.

3. Service Description

TierVault is a content delivery platform that enables Creators to distribute digital content to their Subscribers based on Discord server roles. The Services include:

• Secure file hosting and cloud storage
• Discord OAuth integration for access management
• Role-based content distribution and access control
• Download portals and direct file delivery
• Analytics, monitoring, and leak detection capabilities
• Scheduled content releases
• External link management

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Services only for lawful purposes and in accordance with this Agreement. The Services are intended for distribution of content you own or have the right to distribute.

4.2 Prohibited Conduct

You agree not to:

• Upload, store, or distribute content that is illegal under applicable law
• Distribute malware, viruses, ransomware, or other malicious code
• Infringe upon intellectual property rights of any third party
• Upload content depicting child sexual abuse material (CSAM) or the exploitation of minors
• Distribute non-consensual intimate imagery
• Engage in harassment, threats, defamation, or hate speech
• Attempt to gain unauthorized access to the Services or other users' accounts
• Circumvent, disable, or interfere with security features of the Services
• Use the Services for spam, phishing, or fraudulent activities
• Resell, sublicense, or redistribute access to the Services without authorization
• Use automated systems to access the Services in a manner that exceeds reasonable use
• Interfere with or disrupt the integrity or performance of the Services

4.3 Content Moderation

We reserve the right, but not the obligation, to review, modify, or remove any Content that violates this Agreement or that we determine, in our sole discretion, is harmful to users, third parties, or the Services. We may suspend or terminate accounts that repeatedly violate these terms.

5. Intellectual Property Rights

5.1 Your Content

You retain all ownership rights in Content you upload to the Services. By uploading Content, you grant TierVault a worldwide, non-exclusive, royalty-free license to host, store, transfer, display, reproduce, and distribute your Content solely as necessary to provide the Services to you.

5.2 Representations and Warranties

You represent and warrant that:

• You own or have obtained all necessary rights to upload and distribute your Content
• Your Content does not infringe upon the intellectual property rights of any third party
• Your Content complies with all applicable laws and regulations
• You have obtained all necessary consents from individuals depicted in your Content

5.3 TierVault Property

The Services, including all software, designs, text, graphics, and other content created by TierVault, are owned by us and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

5.4 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us an unlimited, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without obligation to you.

6. Fees and Payment

6.1 Subscription Plans

Access to certain features requires a paid subscription. Subscriptions are billed in advance on a monthly or annual basis. By subscribing, you authorize us to charge your designated payment method for the applicable fees.

6.2 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period.

6.3 Refund Policy

Payments are non-refundable except where required by applicable law. We do not provide refunds or credits for partial subscription periods or unused features.

6.4 Price Changes

We reserve the right to modify pricing at any time. We will provide at least 30 days' notice of any price increase. Continued use of the Services after a price change constitutes acceptance of the new pricing.

6.5 Taxes

All fees are exclusive of taxes unless otherwise stated. You are responsible for all applicable taxes, and we will charge tax where legally required.

7. Usage Limits and Fair Use

Your subscription includes specific storage limits and monthly active recipient (MAR) limits as described in your plan. If you exceed these limits:

• We may restrict access to certain features until you upgrade or reduce usage
• We may apply overage charges as specified in your plan
• Continued excessive use may result in suspension of the Services

We reserve the right to implement rate limiting and other technical measures to ensure fair use and platform stability.

8. Term and Termination

8.1 Term

This Agreement remains in effect until terminated by either party as described below.

8.2 Termination by You

You may terminate your account at any time by contacting support or through your account settings. Upon termination, you remain responsible for any outstanding fees owed.

8.3 Termination by TierVault

We may suspend or terminate your access to the Services immediately, without prior notice, if:

• You breach any provision of this Agreement
• You engage in fraudulent or illegal activity
• Your use of the Services poses a risk to the platform or other users
• We are required to do so by law
• We discontinue the Services

8.4 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may delete your Content within 30 days of termination unless we are required to retain it by law. Sections of this Agreement that by their nature should survive termination will survive.

9. Disclaimers

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless TierVault, its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your Content or the distribution thereof
• Your violation of this Agreement
• Your violation of any law or the rights of any third party

12. Copyright Infringement and DMCA

We respect intellectual property rights and respond to notices of alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

To report copyright infringement, send a notice to:

Your notice must include: (1) identification of the copyrighted work; (2) identification of the allegedly infringing material; (3) your contact information; (4) a statement of good faith belief; (5) a statement under penalty of perjury that the information is accurate; and (6) your physical or electronic signature.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@tiervault.app to attempt to resolve any dispute informally. We will endeavor to resolve disputes within 30 days.

13.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute arising from this Agreement shall be resolved through binding arbitration administered by a mutually agreed upon arbitration service. The arbitration shall be conducted in English.

13.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis. You waive any right to participate in class actions, class arbitrations, or representative actions.

13.4 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction for actual or threatened infringement of intellectual property rights.

14. Third-Party Services

The Services integrate with third-party platforms and service providers, including Discord, payment processors, and cloud infrastructure providers. Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of third parties.

15. General Provisions

15.1 Governing Law

This Agreement is governed by the laws of the jurisdiction in which TierVault operates, without regard to conflict of law principles.

15.2 Assignment

You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.

15.3 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

15.5 Entire Agreement

This Agreement, together with our Privacy Policy and any additional terms for specific features, constitutes the entire agreement between you and TierVault regarding the Services and supersedes all prior agreements and understandings.

15.6 Modifications

We may modify this Agreement at any time. We will provide notice of material changes by posting the updated terms and updating the effective date. Your continued use of the Services after changes become effective constitutes acceptance of the modified terms.

16. Contact Information

For questions about this Agreement or the Services: