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docs: upload initial tos & privacy policy (#118)
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HeadTriXz committed Jul 16, 2024
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48 changes: 48 additions & 0 deletions apps/barry/PRIVACY.md
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# Privacy Policy
Barry (referred to as "we", "us", or "our") is committed to protecting your privacy. This privacy policy outlines how we collect, use, and disclose personal information when you visit our website or use our services.

## Information We Collect

We may collect certain personally identifiable information, including but not limited to your email address and your Discord account. This information is collected when you create an account on our website (by logging in with your Discord account), contact us, or interact with Barry.

## Automated Data Collection

When you visit our website, our servers may automatically log standard data provided by your web browser. This may include your device’s IP address, browser type and version, pages visited, time and date of your visit, time spent on each page, and technical details related to any errors encountered. This information, while not personally identifying by itself, may potentially be combined with other data to identify individuals.

## Use of Information

All data collected is used for legitimate purposes necessary to provide and maintain our services to you. We do not share your personal information with third parties unless required for the operation of our services or as legally mandated.

## Data Security

While we strive to protect your personal information, please be aware that no method of transmission over the internet or electronic storage is 100% secure. We employ industry-standard security measures to safeguard your data against unauthorized access, alteration, disclosure, or destruction.

## International Data Transfers

Barry's servers are located in Germany. By using our services or providing your personal information to us, you understand and agree that your personal information may be transferred to and processed in Germany. The data protection laws in Germany and other countries may differ from those in your jurisdiction.

Where we transfer your personal information from the European Economic Area (EEA) to countries outside the EEA that have not been deemed to provide an adequate level of data protection by the European Commission, we ensure that such transfers are subject to appropriate safeguards, such as standard contractual clauses adopted by the European Commission or other safeguards recognized under applicable data protection laws.

By using Barry's services or providing your personal information to us, you consent to the transfer, processing, and storage of your personal information in Germany and other countries where we operate.

## Children’s Privacy

Barry's services are not intended for individuals under the age of 13, or the minimum age required by their jurisdiction. We do not knowingly collect personal information from minors. If we discover that a minor has provided us with personal information, we will promptly delete such information from our servers.

## Your Rights

You always retain the right to have control over your personal information under applicable data protection laws. This means you can request access to the personal data we hold about you, and you have the right to review, correct, or update it if it is inaccurate or incomplete. If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please let us know and we will take reasonable steps to correct it.

Additionally, you have the right to request the deletion of your personal data ("right to be forgotten") in certain circumstances, such as when it is no longer necessary for the purposes for which it was collected, or if you withdraw your consent where consent was the legal basis for processing. Please note that there may be legal obligations or other compelling reasons why we need to retain your personal data.

If you choose to object to the processing of your personal data or request restriction of its processing, please understand that this may impact your ability to use certain features of our services, as some processing activities are integral to providing those services. However, we respect your choices and preferences regarding your personal information.

To exercise any of these rights, or if you have any questions or concerns about how we handle your personal data, please contact us using the details provided in the [**Contact Information**](#privacy-policy) section of this policy. Please note that we may need to verify your identity before responding to your requests.

## Changes to This Privacy Policy

We reserve the right to update, modify, or revise this privacy policy at any time. Any changes will be effective immediately upon posting on this page. It is your responsibility to review this privacy policy periodically for updates. Your continued use of Barry's services after any changes constitutes acceptance of the revised privacy policy.

## Contact Information

Questions about the Terms of Service should be sent to us at legal@headtrixz.dev.
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# Terms of Service
Throughout these terms, the terms “we”, “us” and “our” refer to Barry. Barry offers its services, including all information, tools, and features available through the Discord bot, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By using Barry's services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of Barry's services, including without limitation users who are bot developers, server administrators, and end-users interacting with the bot.

Please read these Terms of Service carefully before accessing or using Barry's services. By accessing or using any part of Barry's services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access Barry's services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to Barry's services following the posting of any changes constitutes acceptance of those changes.

## Eligibility

By agreeing to these Terms of Service, you represent that you are at least 13 years old or the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

## General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

## Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

## Modifications to the Service

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

## Privacy and Data Collection

Your submission of personal information through Barry is governed by our [Privacy Policy](./PRIVACY.md). By using Barry, you consent to our collection, use, and disclosure of information as set forth in the Privacy Policy.

## Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through Barry is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

## Third-party Links

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links provided by Barry may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

## Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

## Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Barry, its developers, or any affiliated parties be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

## Indemnification

You agree to indemnify, defend, and hold harmless Barry, its developers, and any affiliated parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

## Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

## Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing to use our bot.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

## Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

## Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Netherlands.

## Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

## Contact Information

Questions about the Terms of Service should be sent to us at legal@headtrixz.dev.

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