Terms of use and sale

Courtesy translation. These terms are entered into with a French company and governed by French law. In the event of any discrepancy between this translation and the French version, the French version prevails.

Article 1. Purpose

The purpose of these terms of use and sale (hereinafter the "Terms") is to define how the Bao service is made available and the conditions of use of the mybao.io website, as well as the conditions for subscribing to the paid plans.

Together with the order summary, they constitute the entire agreement between the publisher and the Customer, and prevail over any other document.

Article 2. Publisher

The service is published by B&R DIGITAL, a société par actions simplifiée with share capital of 2,000.00 euros, registered with the Paris Trade and Companies Register on 30 July 2025 under number 989 804 810 R.C.S. Paris.

Registered office: 60 rue François Ier, 75008 Paris, France. EU VAT number: FR02 989 804 810. Contact: contact@mybao.io.

Article 3. Definitions

Article 4. Acceptance of the Terms

Installing the bot on a Server, signing in to the dashboard or subscribing to a plan constitutes full and unreserved acceptance of these Terms.

A User who does not accept the Terms must refrain from using the Service.

Article 5. Access to the Service

5.1. Conditions of access

Access to the Service requires:

• a valid and active Discord account;
• compliance with Discord's terms of service and community guidelines;
• to access a Server's dashboard, the status of Administrator of that Server.

5.2. Minimum age

The Service is reserved for persons aged at least 13, in accordance with Discord's terms of service. A minor User declares that they have their legal guardians' authorisation.

5.3. Authentication

Authentication is carried out exclusively through Discord's OAuth protocol. No password is created or kept by the publisher. The User is responsible for the security of their Discord account.

5.4. Shared management

A Server's configuration is attached to the Server and not to the person who entered it. Any Administrator of the Server may view and change it. The Customer is informed of this and accepts it.

Article 6. Description of the Service

Depending on the plan subscribed to, the Service provides Discord community management features, in particular: scheduled messages and campaigns, join and leave messages, automatic role granting, role menus, levels and experience, support tickets, artificial intelligence assistance, auto-moderation and anti-raid, giveaways, automatic granting of paid roles, activity logs, MCP connector and custom bot.

The exact contents of each plan are described on the pricing page and in the documentation, which form an integral part of the Terms.

The publisher may develop the Service, and add, change or withdraw features. If a substantial change significantly degrades a paid plan in progress, the Customer is informed and may cancel free of charge.

Article 7. Plans and prices

Prices are stated in euros. A consumer Customer benefits from prices inclusive of all taxes; a business Customer is charged VAT at the rate in force according to their situation.

A subscription covers one single Server at a time.

The publisher may change its prices at any time. New prices only apply to subscriptions in progress from the following renewal, after informing the Customer at least thirty (30) days in advance.

Article 8. Trial period

A trial period of fourteen (14) days may be offered. It requires a valid means of payment to be registered and includes a limited allowance of Credits.

At the end of the trial period, the subscription automatically continues as a paid plan, unless the Customer cancels before the end of the trial.

Article 9. Order and payment

9.1. Payment provider

Payments are processed by Stripe Payments Europe, Limited. The publisher never has access to bank card data, which neither passes through nor is stored on its systems.

9.2. Formation of the contract

The order is firm and final from the confirmation of payment. An invoice is made available to the Customer.

9.3. Renewal

The subscription is entered into for the chosen period (monthly or yearly) and renews automatically for an identical period, unless cancelled.

In accordance with Article L.215-1 of the French Consumer Code, the consumer Customer is informed in writing, at the earliest three months and at the latest one month before the end of the period allowing renewal to be refused, of their right not to renew the contract.

9.4. Payment failure

If a payment fails, the plan is maintained for a grace period of three (3) days during which further attempts are made. At the end of that period, the Server falls back to the free plan. No data is deleted on that ground alone.

For a business Customer, any late payment automatically incurs penalties at the interest rate applied by the European Central Bank plus ten points, together with a fixed recovery cost indemnity of forty (40) euros, in accordance with Articles L.441-10 and D.441-5 of the French Commercial Code.

Article 10. Right of withdrawal

10.1. Principle

The consumer Customer has, in principle, a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without having to give reasons, in accordance with Article L.221-18 of the French Consumer Code.

Withdrawal is exercised by any unambiguous statement sent to contact@mybao.io.

10.2. Request for immediate performance

As the Service is supplied online and immediately accessible, the Customer must, at the time of payment, tick a box by which they:

• expressly request that the Service be supplied to them immediately, before the withdrawal period expires;
• acknowledge that in the event of withdrawal, they will remain liable for the amount corresponding to the Service they have already received;
• expressly waive their right of withdrawal for digital content already supplied, in particular artificial intelligence Credits already consumed.

This box is not pre-ticked. Payment cannot be completed without it being ticked. Confirmation of this agreement is sent to the Customer on a durable medium.

10.3. Effects of withdrawal after performance has begun

Pursuant to Article L.221-25 of the French Consumer Code, a Customer who withdraws after having requested immediate performance is liable for the amount corresponding to the Service actually supplied up to the point at which they communicated their decision.

In practice:

• any refund covers only the unused days of the current period;
• no day already used is refunded;
• once the Customer has begun to use the Service, withdrawal cannot give rise to a full refund.

10.4. Artificial intelligence Credits

In accordance with Article L.221-28, 13° of the French Consumer Code, the right of withdrawal cannot be exercised for digital content not supplied on a physical medium whose performance began with the consumer's prior express agreement and their express waiver of the right of withdrawal.

Consequently, Credits already consumed are neither refunded nor refundable, including during the withdrawal period.

10.5. Business Customers

The right of withdrawal does not apply to a business Customer, except where the subject of the contract falls outside their main field of activity and they employ fewer than six staff, in accordance with Article L.221-3 of the French Consumer Code.

Article 11. Cancellation and refunds

11.1. Cancellation by the Customer

The Customer may cancel at any time from their dashboard. Cancellation takes effect at the end of the period already paid for: the Service remains accessible until that date, with no further renewal.

11.2. No pro-rata refund

Outside the right of withdrawal, no period already begun is refunded.

Exceptionally, a refund may be granted on valid grounds assessed by the publisher. It is then calculated pro rata on the unused days only; days already used and Credits already consumed are in no case refunded.

11.3. Credits

Credits, whether included in a plan or bought as a top-up, are neither refundable, transferable nor convertible into any sum of money. Credits included in a monthly plan do not carry over from one period to the next.

11.4. Transferring a subscription

A subscription may be transferred to another Server, within the following limits: only the subscription holder may carry out the transfer, a minimum period applies between two transfers, and the Server left behind immediately falls back to the free plan.

11.5. Consequences

Moving to the free plan interrupts the paid features but does not entail any deletion of data. Configurations are kept and become active again on a new subscription, subject to the retention periods set out in the privacy policy.

Article 12. User obligations

The User undertakes not to use the Service to:

• distribute unlawful, defamatory, hateful, violent or pornographic content, or content harming minors or human dignity;
• infringe the rights of third parties, in particular intellectual property rights;
• send unsolicited bulk communications, or circumvent the limits of the Discord platform;
• disrupt, overload or attempt to access the publisher's systems without authorisation;
• reverse engineer, resell, sublicense or make the Service available to a third party outside the cases provided for;
• automate access to the Service beyond the interfaces made available;
• act in breach of Discord's terms of service.

The User is solely responsible for the Content they transmit to the Service and for how they use the features made available to them.

Article 13. Monetisation features

The Service allows the Customer to automatically grant Discord roles following events originating from third-party systems, in particular selling platforms.

The Customer is solely responsible for the contractual relationship they enter into with their own customers, for the lawfulness of what they sell, for their own pre-contractual information, for their own invoicing, for their tax and social obligations, and for the processing of their buyers' personal data.

The publisher acts exclusively as the supplier of a technical tool. It is neither seller, nor intermediary, nor collector of the corresponding sums, and cannot be held liable on that basis.

Article 14. Artificial intelligence

The artificial intelligence assistance features rely on language models supplied by third parties. The Customer acknowledges that:

• the answers generated are probabilistic and may contain inaccuracies;
• it is for the Customer to define, check and keep up to date the knowledge made available to their agents;
• the Customer remains responsible for the answers published under their identity and to their members;
• the publisher guarantees neither the accuracy, nor the completeness, nor the relevance of the answers generated.

The Customer undertakes not to use these features to provide personalised medical, legal or financial advice, or for any purpose producing legal effects in respect of a person.

Article 15. Processing of personal data on behalf of the Customer

For Member data processed as part of a Server's configuration, the Customer acts as controller and the publisher as processor, within the meaning of Article 28 of Regulation (EU) 2016/679.

On that basis, the publisher undertakes to:

• process the data only on the Customer's documented instructions, embodied in the Server's configuration and in these Terms;
• ensure the confidentiality of the persons authorised to process the data;
• implement appropriate technical and organisational measures;
• assist the Customer in responding to requests to exercise rights and in the event of a data breach;
• engage a sub-processor only from among those listed in the privacy policy, and inform the Customer of any change;
• delete or return the data at the end of the service, under the conditions set out in the privacy policy.

The Customer warrants that they have a legal basis for the processing they carry out by means of the Service, and that they inform their own Members.

Article 16. Availability and maintenance

The publisher is bound by an obligation of means as regards the availability of the Service.

The Service depends on the Discord platform and on third-party providers. Any unavailability, unilateral change, interface limitation or suspension originating from Discord or a third-party provider is beyond the publisher's control and cannot be attributed to it.

The publisher may interrupt the Service for maintenance, endeavouring to limit the inconvenience caused.

Article 17. Liability

The publisher cannot be held liable for:

• Content published, scheduled or distributed by Users;
• the consequences of an incorrect configuration made by an Administrator, in particular the granting or removal of a role, an automatic sanction or a message sent;
• data loss attributable to Discord, to a User or to a third party;
• indirect damage, in particular loss of operations, loss of turnover, loss of customers or damage to reputation.

In any event, and save for gross negligence, wilful misconduct or personal injury, the publisher's liability towards a business Customer is limited to the amount excluding taxes actually paid by that Customer during the twelve (12) months preceding the triggering event.

No provision of these Terms may limit the rights a consumer Customer holds under mandatory provisions, in particular the legal guarantee of conformity under Articles L.224-25-12 et seq. of the French Consumer Code.

Article 18. Suspension and termination for breach

In the event of a serious breach of these Terms, in particular unlawful use of the Service, the publisher may suspend access to the Service, after a formal notice which has remained without effect for eight (8) days, save in cases of urgency or manifest unlawfulness justifying immediate suspension.

Termination attributable to the Customer gives rise to no refund.

Article 19. Intellectual property

The publisher grants the Customer a personal, non-exclusive, non-transferable right to use the Service, limited to the duration of the subscription.

The Customer retains all their rights over their Content. They grant the publisher, for the sole duration necessary to perform the Service, the technical rights strictly necessary for its hosting, processing and display.

Article 20. Force majeure

Neither party may be held liable for a failure resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code.

Article 21. Changes to the Terms

The publisher may change these Terms. The Customer is informed of any substantial change at least thirty (30) days before it takes effect. Failing acceptance, they may cancel free of charge before that date.

Article 22. Complaints and mediation

Any complaint may be sent to contact@mybao.io. The publisher undertakes to reply within a reasonable time.

In accordance with Article L.612-1 of the French Consumer Code, the consumer Customer may, after having tried to resolve their dispute directly with the publisher, refer the matter free of charge to the following consumer ombudsman:

MEDICYS, 73 boulevard de Clichy, 75009 Paris, France. Website: https://www.medicys.fr

The consumer may also refer the matter to the ombudsman free of charge by post or electronically. A referral is only admissible after a prior written complaint has been sent to the publisher.

Article 23. Governing law and jurisdiction

These Terms are governed by French law.

Failing an amicable resolution, any dispute falls within the jurisdiction of the courts of Paris for a business Customer.

The consumer Customer may bring proceedings, at their choice, before the court of the place where they resided at the time the contract was concluded or where the harmful event occurred, in accordance with Article R.631-3 of the French Consumer Code.

Article 24. Miscellaneous

The invalidity of one provision does not entail the invalidity of these Terms. Failing to rely on a breach does not amount to a waiver.