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Discord

discord.com

20 flagged clauses across 4 risk dimensions

B
⏱️
0min

to read this ToS

Discord's fine print is longer than you think.

🎓Longer than a college lecture.

Caffeine required:

The 5 things you actually need to know

  • 1

    They can use your content for AI training, but you can opt out of some uses.

  • 2

    You agree to give up your right to sue them in court; disputes go to arbitration.

  • 3

    They can change or remove features, and your stuff might disappear with no warning.

  • 4

    Deleting your account stops them from processing your data, but doesn't end the agreement.

  • 5

    They're not liable for most damages, and their responsibility is capped at $100 or 3 months' payment.

Generated by AI from the actual contract — but for the lawyer-level breakdown, scroll down 👇

🤖

AI training

clear

No flags in this category.

🔄

Auto-renewal

clear

No flags in this category.

💸

Price hikes

clear

No flags in this category.

🌍

Data residency

clear

No flags in this category.

🚪

Termination friction

5 flags
  • Severity 2
    "Subject to applicable law, we reserve the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion for any reason, or for the following reasons:"

    Discord can suspend or terminate your account and access to services at its discretion, with or without notice, for any reason.

    Your account can be terminated unexpectedly, leading to the loss of access to your data and services.

  • Severity 2
    "We’re required to do so to comply with a legal requirement or court order."

    Discord terminates accounts if required to comply with legal obligations or court orders.

    Your account may be terminated to satisfy legal requirements, even if you have not violated any terms.

  • Severity 2
    "We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties."

    Discord terminates accounts if it reasonably believes termination is necessary to prevent harm to users or third parties.

    Discord can terminate your account to protect itself or others, potentially without your direct fault.

  • Severity 2
    "Your account has been inactive for more than two years."

    Discord terminates accounts that have been inactive for over two years.

    Your account may be closed due to inactivity, resulting in the loss of your data and access.

  • Severity 2
    "Continuing to allow your account to be active, giving you access to some or all services, or hosting your content creates risk for Discord, other users, or third parties."

    Discord terminates accounts if their continued activity or content hosting creates risk for Discord, users, or third parties.

    Your account can be terminated if Discord perceives it as a risk, even if you are not actively causing harm.

⚖️

Liability caps

3 flags
  • Severity 4
    "IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER DISCORD, ITS AFFILIATES, NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DISCORD OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE."

    Discord limits its liability for various damages, including lost profits, data, or business opportunities, to the maximum extent permitted by law.

    Discord significantly restricts its financial responsibility for any problems you encounter while using its services.

  • Severity 4
    "BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), DISCORD LIMITS OUR LIABILITY TO YOU TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE THREE MONTHS BEFORE YOU FIRST ASSERT A CLAIM OR (B) $100 USD (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY)."

    Discord limits its liability to you to the greater of the amount you paid in the last three months or $100 USD.

    Your ability to recover financial losses from Discord is capped at a very low amount, regardless of the damages you suffer.

  • Severity 3
    "DISCORD ISN’T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES."

    Discord is not liable for the conduct or content of any user, whether online or offline.

    Discord disclaims responsibility for the actions and content of other users, meaning you have no recourse through Discord if they cause you harm.

🛡

Indemnification

1 flag
  • Severity 3
    "You will indemnify and hold Discord and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services or third-party services, (b) your content, (c) your violation of these terms, or (d) your negligence or willful misconduct."

    You must defend and cover Discord, its employees, and agents against claims arising from your use of services, your content, or your violation of terms.

    You could be financially responsible for legal claims against Discord that result from your actions on the platform.

👻

Silent term changes

11 flags
  • Severity 3
    "If you don’t agree, you must stop using our services."

    You must stop using Discord services if you do not agree to the updated terms.

    If you disagree with updated terms, your only option is to cease using the service entirely.

  • Severity 3
    "We’re always evolving our services, and we may create other types of spaces in the future!Users create servers, and users choose which servers to join and who their “friends” are. All users must follow our Community Guidelines and other policies, but in servers, the server owners and admins control the server permissions and additional rules, including establishing membership requirements and creating custom roles and what those roles can do within the server."

    Discord may change its services, add new features, or remove existing ones. Server owners and admins control permissions and rules within their specific servers.

    You might lose access to features you rely on, or Discord could change the functionality of the platform without your consent.

  • Severity 3
    "We may build features that help you create content, communicate with others, discover or access content or third-party services, or join conversations more easily, or may highlight content and activity available to you on Discord that might be of interest."

    Discord may build features to help users create content, communicate, discover content, or access third-party services.

    Discord can introduce new functionalities that may impact your user experience or data privacy.

  • Severity 3
    "Discord’s services may be personalized to each user based on a variety of factors, including their activity, preferences they identified in their Settings, and servers they belong to, so that you can see content and communities that may be of interest to you (such as features or activity on Discord, promotions from us, and sponsored content)."

    Discord personalizes services based on user activity, settings, and server memberships to show relevant content, communities, promotions, and sponsored content.

    Your data is used to tailor your experience, which could include targeted advertising or content you may not want to see.

  • Severity 3
    "We’re actively developing new features and products to improve Discord. As part of these efforts, we may add or remove features, start offering new services, or stop offering some services entirely (or just in some places or for some users) if they no longer make sense from a business perspective or create risk for Discord, our users, or other third parties."

    Discord may add or remove features, start or stop offering services if they are no longer viable or pose a risk.

    Discord can alter or discontinue services, potentially impacting your ability to use the platform as intended.

  • Severity 3
    "While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your content may not be retrievable due to such outages or changes."

    Discord cannot guarantee that services will not experience outages or changes, and your content may be lost.

    You risk losing your data or access to services due to unforeseen disruptions or platform modifications.

  • Severity 3
    "We may decide to update these terms: (1) to reflect changes to our services or our business, (2) for legal or regulatory reasons, (3) to prevent abuse on or of our services, or (4) to better protect or serve users of our services."

    Discord may update its terms to reflect service changes, legal reasons, prevent abuse, or better serve users.

    Discord can change the terms of service at any time, potentially altering your rights and obligations.

  • Severity 3
    "If these changes materially affect your Discord use or your legal rights, we’ll give you reasonable advance notice (unless the updates are urgent)."

    Discord provides advance notice for changes that materially affect your use of services or legal rights, unless the updates are urgent.

    You may not receive prior warning for urgent changes to the terms that could impact your usage or rights.

  • Severity 3
    "If you continue to use our services after the changes have taken effect, it means that you agree to the changes."

    Your continued use of Discord services after changes take effect signifies your agreement to the new terms.

    Simply continuing to use the service after a change means you accept the new terms, even if you haven't actively reviewed them.

  • Severity 3
    "You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties."

    You represent that you are not in a sanctioned country or on a U.S. Government list of restricted parties.

    You must confirm you meet specific U.S. government criteria to use the service, or risk account termination.

  • Severity 3
    "You must also comply with any applicable third-party terms of service when using the Discord app."

    You must comply with applicable third-party terms of service when using the Discord app.

    You are responsible for adhering to additional terms from other companies when using Discord's application.