These Creator Pilot Terms apply to the things you sell through Discord. They supplement our Terms of Service and Paid Services Terms. In the event of any conflict between these Creator Pilot Terms and any other Discord terms, these Creator Pilot Terms will govern. If you are under 18 (or the legal age of majority in your place of residence), you need your parent’s or guardian’s permission to sell anything through Discord.
IMPORTANT NOTE: The Terms of Service have a section titled “Settling Disputes Between You and Discord” that contains an arbitration clause and class-action waiver that applies to all U.S.-based Discord users. Please read this section carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.
Selling things on Discord
As part of this pilot program, we allow certain users to sell things on Discord (an “offering”). Offerings can include things like subscriptions to your server or content, access to certain perks or roles, and more. As we evaluate the pilot program, we may give you the option to make offerings one-time purchases or recurring subscriptions.
Discord’s services include tools that make it easy to create and manage an offering. You decide what you want to sell, you set the price, and you provide the goods or services as described by you and for the period set by you.
You must accurately and fully describe what you are offering to users, including what the user gets, the full price, any disclaimers or limitations about the offering, and any rules or requirements (such as who is eligible) or other conditions that apply to users who purchase your offering. Once they have purchased your offering, you must provide users with what you offered them. If you materially change an existing offering (for example by taking away perks), you must offer users who purchased the offering a refund, or in the case of subscription, inform them of the changes and give them an opportunity to cancel or modify their subscription before the changes take effect.
You must ensure that your offering and any associated listing materials comply with all applicable laws, including advertising, marketing, consumer protection, gambling or sweepstakes, and data privacy and security laws, and do not contain any fraudulent, misleading, defamatory, or obscene materials. If you are selling age-restricted offerings, you must clearly identify that your offering is age-restricted. You must also verify that those who help provide or appear in your offerings (including age-restricted content) are the age of majority, and where applicable, you must store their consent to participate. Discord may remove your offering (including any content), withhold payment, and/or terminate your account or community for violations of these terms, the Terms of Service, Community Guidelines, or our other policies. See the “Restrictions” section below for more details.
Discord’s Refund Policy applies to the sale of your offering. You must provide a way for users who purchase your offering to reach out to you to resolve disputes directly, and you (and not Discord) are responsible for resolving disputes that are not covered by the refund policy.
We’re currently piloting this feature, and not everyone will be able to sell things on Discord. If you don’t see the offering flow in your app, you may not meet the eligibility requirements, which may change from time to time. We can choose who is eligible to sell things through our services at our discretion.
We’re also always developing new features and products, and we may add or remove features, change who can use pilot features, start offering new services, or stop offering old services. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your offering may not be accessible due to such outages or changes. To the extent permitted under applicable law, we are not liable for any such outages or service changes, including without limitation any incidental, special, indirect, or consequential damages, loss of profits, revenue, or data, or cost of cover.
We may include additional requirements or details directly in the services where you create a particular offering, so please review those parts of our services carefully before creating an offering.
Your relationship with Discord
You’re an independent individual or entity (sometimes referred to as an independent contractor). You are not an employee, agent, joint venturer, or partner of Discord.
Payments and Fees
Once you’ve created your offering, users will be able to see and purchase it through your community. Discord provides users with access to the perks you provide directly through the services, and we also handle payments issues such as fraud, chargebacks, and resolution of payments disputes.
All user payments for offerings will be remitted to Discord through our authorized payment gateway. To receive payments, you’ll need to create an account with our service provider, Tipalti, and link your bank account. Payments will be provided within thirty (30) days after the end of each calendar month. For example, for subscriptions purchased in January, you will receive payments within 30 days after January 31st. All payments will be made via the payment method that you link through Tipalti. You can choose any payout currency offered by Tipalti, but Tipalti may charge a conversion fee. You must have a minimum balance of $25.00 to be eligible to receive a payout. You can see payment status and other information in your Discord Server Settings by going to Payments under Premium Memberships.
During the pilot program, your payment for each purchase will be the price set by you, less ten percent (10%). This ten percent will cover transaction taxes (like sales tax) and Discord’s processing fee (for providing tools, features, and support described above). We will deduct this amount from what we collect from users purchasing your offering. We may also deduct refunds, chargebacks, and associated fees from your payout as described below. Your bank or Tipalti may also charge you currency conversion or foreign transaction fees. We do not control currency exchange rates or charges imposed by your bank or Tipalti, and those fees may be deducted from your payout.
You will be deemed to have accepted the accuracy of any payment made by Discord hereunder unless you notify Discord of a dispute by contacting us no later than 90 days after the date of the applicable payment by Discord to you.
We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information (see “Restrictions” section below), or if we anticipate a high volume of refunds or chargebacks on your offerings. When payments are delayed or blocked we try to communicate the reason to you promptly. It is your responsibility to make sure that the contact information associated with your Discord account is up to date and that your bank account information is accurate. If you have questions about a payments block, please reach out to us. In order to protect you, we may block users’ payments if we believe them to be fraudulent.
Sometimes activities like refunds or chargebacks will mean that you owe money to Discord in excess of the amount we have agreed to pay out to you. You agree that we may off-set or discount, as applicable, any amounts owed to Discord against future payments owed to you or collect payment or reimbursement from you by any other lawful means. You authorize Discord to use any of these methods to recover any amounts owed to Discord. Discord’s Refund Policy is here.
Appointment of Discord as a payment collection agent. Discord acts as your payment collection agent solely for the limited purpose of accepting and processing payments from users purchasing your offering. Because Discord acts as your payment collection agent, you understand that payment made by a user through Discord will be considered the same as a payment made directly to you, and you will provide the offering in the agreed-upon manner as if you received the payment directly from the user. You also agree that we may refund users in accordance with our Paid Services Terms and Refund Policy. You understand that Discord is only obliged to pay you when it successfully receives the payment from a user who purchases your offering. Discord guarantees payments to you only for amounts that have been successfully received by Discord from users. In accepting an appointment as your limited payment collection agent, Discord assumes no liability for any acts or omissions made by you.
Chargebacks
If a User initiates a chargeback in connection with the purchase of an offering, you agree to provide timely information to Discord to assist in any chargeback investigation. You understand that the failure to provide information on the requested timeline could adversely impact the outcome of a chargeback investigation, up to complete forfeiture of the chargeback amounts. You shall be responsible for any chargeback fees or payments imposed by credit and debit card networks or other payment method providers that arise out of your conduct or your offering.
Tax
We collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received, and you are responsible for paying all taxes, fees, duties, and other governmental charges, and any related interest, arising from payments made to you by Discord.
Discord reserves the right to assess applicable taxes as required by local law. Depending on your location, you may be charged transaction taxes (sales, VAT, GST, withholding, and other similar taxes).
Restrictions
You cannot sell (or do) anything on Discord that violates our policies or any applicable laws, rules, or regulations. This includes breaching our Terms of Service, Community Guidelines, or our other policies.
All of these policies are extremely important to us, so please read them. They include requirements such as:
- Don’t harm yourself or others. Don’t infringe anyone else’s intellectual property rights or any other proprietary rights, and don’t spam users or otherwise violate their privacy rights.
- Don’t harm Discord. Don’t defraud or abuse our payment systems.
- Don’t do anything illegal.
Don’t sell access to content involving sexually explicit content, including content featuring real people engaging in sexual acts.
If you breach our policies, we reserve the right to withhold payments, restrict your ability to sell things through Discord, terminate your server, or terminate your account with or without notice, report you to law enforcement, or take other appropriate actions, at our discretion.
Privacy
Our Privacy Policy discusses what information we collect and how we use this information in more detail. Our service provider stores your bank account information, not us.
Representations & Warranties
You represent and warrant to Discord that (a) you have the requisite power and authority to enter into and carry out the terms of these Creator Pilot Terms, without conflict with any other obligation you may have to any other party, and you have obtained and will maintain all rights, approvals and consents necessary to perform your obligations and grant all rights and licenses granted to Discord under these Creator Pilot Terms; (b) you have full title to the offerings, free and clear of all liens, charges and other encumbrances; and (c) you will otherwise ensure that you, the offering, and any associated listing content comply with all applicable laws will not contain any harmful, fraudulent, misleading, defamatory or obscene content, and none of the offering or associated listing content infringe or misappropriate any intellectual property rights, rights of privacy or publicity or any other proprietary rights of any third party.
Indemnity
In addition to the indemnities set forth in the Terms of Service, 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) arising from or related to: (a) your access to or use of our services (including without limitation the pilot features), (b) your content, (c) your offering, (d) your failure to pay all applicable taxes other than taxes based on Discord’s income), or (e) your violation of these terms, the Terms of Service, the Community Guidelines, or our other policies.