Terms & Conditions

Part A — General Provisions

§ 1 Scope and contracting parties

1.1 These Terms & Conditions („Terms") apply to the use of the JoinOurServer platform, accessible at joinourserver.com and at associated subdomains (e.g. api.joinourserver.com). Provider and operator of the platform is the entrepreneur named in the Final Provisions & Address section (hereinafter „JoinOurServer" or „Operator").

1.2 These Terms are divided into three parts with different addressees:

• Part B applies to Partners — entrepreneurs and community operators who use JoinOurServer as a sales, billing and administration platform for their Discord community.
• Part C applies to Members — natural persons who use the platform to acquire or manage access to Discord communities of Partners.
• Part A and the Final Provisions apply to both groups.

1.3 Deviating, conflicting or supplementary general terms and conditions of the Partner or Member shall not become part of the contract unless their applicability is expressly agreed in text form by the Operator.

§ 2 Definitions

• Platform – the Software-as-a-Service application accessible at joinourserver.com and all associated components (webhooks, API, Discord bot, email dispatch).
• Partner – operator of a Discord community who uses the platform to offer paid or free access to their members.
• Member – natural person who signs up via the platform to one or more Partner communities or who purchases a Partner's subscription.
• Plan – offer defined by the Partner (price, billing model, trial days, Discord role).
• Subscription – active membership of a Member with a Partner, based on a Plan.
• Mollie – Mollie B.V., the payment service provider that technically processes the money flow between Member and Partner. The Mollie User Agreement applies in addition.

§ 3 Conclusion of contract

3.1 The presentation of platform features, prices and plans on the website does not constitute a binding offer but an invitation to submit an offer.

3.2 By completing the Partner registration (Part B) or by concluding a paid subscription with a Partner (Part C), the user submits a binding contractual offer. The contract is concluded by express acceptance or by performance of the Operator or Partner.

3.3 The Operator reserves the right to refuse contractual offers without stating reasons, in particular in the event of a justified suspicion of unlawful use.

Part B — Terms for Partners (Community operators)

§ 4 Platform services for Partners

4.1 For the duration of the contract, JoinOurServer provides the Partner with the following services:

• A public community landing page at joinourserver.com/<partner-slug> with plan overview and checkout.
• A Partner dashboard for managing plans, members, payments, affiliates and settings.
• Integration with Mollie for payment processing via the Partner's connected Mollie account.
• Discord bot integration for automatic role assignment and removal.
• Webhook notifications, email dispatch to members, optional Lexware integration.
• A REST API at api.joinourserver.com for the Partner's own integrations.

4.2 The Operator performs in accordance with the current state of the art. No specific availability is guaranteed; the target is an average accessibility of 99.5 % annually, measured outside announced maintenance windows.

4.3 The Operator is entitled to further develop, modify or discontinue individual features, provided that the contractual relationship as a whole is not significantly impaired.

§ 5 Partner obligations and responsibilities

5.1 The Partner is the sole contracting party towards their members. They owe the service they advertise (access to the Discord community, content, advice if applicable), issue their own invoices to the extent required by law, and are obliged to use their own legal pages (Terms, Privacy, Imprint, Withdrawal notice) towards their members.

5.2 The Partner warrants that the content they offer does not violate applicable law, third-party rights, the Discord Terms of Service or the Mollie terms. Prohibited in particular: content harmful to minors, sexually explicit depictions of minors, instructions for crimes, sale of stolen data, money-laundering patterns or violations of sanctions lists.

5.3 The Partner is solely responsible for the correct VAT treatment of their revenue (including OSS scheme, reverse charge, small business regulation) and for compliance with the Price Indication Regulation (PangV) for consumer prices.

5.4 If the Partner becomes aware of violations of third-party rights or applicable law by their members, they must take the necessary measures without delay. The Operator is entitled to temporarily suspend the affected community in the event of indications of unlawful content.

§ 6 Reservation of title & usage rights

6.1 All rights to the platform — in particular copyrights, patent rights, trademark rights and other intellectual property rights in the source code, design, logo, API and all documentation — belong exclusively to the Operator.

6.2 The Partner receives a simple, non-exclusive, non-transferable right of use of the platform for the duration and to the extent of this contract. There is no claim to source code or to delivery of the software on the Partner's own infrastructure.

6.3 The following are inadmissible in particular: reverse engineering, decompilation, circumvention of technical protection measures, resale or renting of the platform to third parties, and building competing services based on information disclosed by the platform.

6.4 The Partner may use the API credentials provided exclusively for their own community and is obliged to treat them as confidential.

§ 7 Price / platform fee / payment processing

7.1 Use of the platform is free of charge for Partners in principle. For each successfully processed payment from a member, the Operator charges a platform fee of 2.5 % of the gross payment amount (application fee). The fee is withheld directly via Mollie's Connect mechanism and paid out to the Operator.

7.2 Setup fees or fixed monthly charges are not levied at this time. The Operator reserves the right to adjust the fee model with at least 30 days' advance notice; in the event of an increase, the Partner shall have an extraordinary right of termination effective on the date the change takes effect.

7.3 The money flow between Member and Partner is processed exclusively via Mollie B.V. The Mollie User Agreement additionally applies. The Partner undertakes to operate their own Mollie account and to provide the identity verification (KYC) required for payment processing to Mollie.

7.4 Any chargebacks, refunds and associated fees from Mollie are fully borne by the Partner. Platform fees already withheld on the refunded portion are reversed proportionally.

7.5 The Operator provides the Partner with an ongoing overview of the withheld platform fees in the dashboard. Separate invoicing by the Operator to the Partner for the platform fee takes place automatically via Mollie (application fee accounting); on request, the Operator will additionally provide a consolidated monthly statement in electronic form (PDF).

§ 8 Contract term and termination

8.1 The Partner contract is concluded for an indefinite period.

8.2 The Partner may terminate the contract at any time at the end of the month in text form — provided that all active member subscriptions are ended at that point (status canceled, expired or rejected). As long as running subscriptions exist, termination of the platform contract is excluded to ensure a safe wind-down towards members.

8.3 The Operator may terminate the contract at any time with 30 days' notice to the end of the month in text form.

8.4 The right to extraordinary termination for cause remains unaffected on both sides. Cause exists for the Operator in particular in the event of: sustained violations of § 5 of these Terms, persistent payment defaults, insolvency of the Partner, accumulated chargebacks or justified suspicion of unlawful use.

8.5 In the event of extraordinary termination by the Operator, the Partner is informed without delay; running subscriptions are continued until the end of their regular period or, depending on the severity of the violation, ended with immediate effect (with proportional refund to the members).

§ 9 Partner's right of withdrawal

9.1 To the extent that the Partner exceptionally acts as a consumer within the meaning of § 13 BGB (which is generally not the case when commercially operating a paid community), they have a statutory right of withdrawal of 14 days. The withdrawal notice can be found in the Appendix.

9.2 Platform use itself is free of charge; a charge to the Partner from JoinOurServer only occurs proportionally per successfully processed payment. There is no „purchase" of a digital product by the Partner.

§ 10 Warranty towards the Partner

10.1 The platform is continuously developed and extensively tested by the Operator before release. Despite all care, it cannot be ruled out that individual features have defects under certain conditions.

10.2 The Partner is obliged to report identified defects without delay, at the latest within two weeks of identification, in text form to info@ak-netbar.de. Otherwise the service is deemed to have been rendered in accordance with the contract.

10.3 In the case of a properly reported defect, the Operator initially has the right to subsequent performance (defect rectification or provision of a functionally equivalent alternative). If subsequent performance fails, the Partner has the statutory rights (reduction, withdrawal, damages under § 11).

10.4 The warranty does not extend to defects caused by improper use, third-party interference, changes to the Partner's Mollie account or Discord server, third-party system failures (Mollie, Discord) or force majeure.

§ 11 Liability

11.1 The Operator's liability is unlimited:

• for intent and gross negligence,
• for injury to life, body and health,
• under the provisions of the Product Liability Act,
• to the extent of a warranty assumed by the Operator.

11.2 In the case of slightly negligent breach of a material contractual duty (cardinal obligation), the Operator's liability is limited to the damage typically foreseeable at the time of contract conclusion. A material contractual duty is one whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the Partner may regularly rely.

11.3 Otherwise, liability — including for lost profits, indirect or consequential damages — is excluded.

11.4 The liability limitation under § 11.2 and § 11.3 is capped at twice the Partner's average monthly platform fees over the last twelve months, but at least EUR 500.

11.5 The Operator is not liable for damages caused by the failure of third-party systems (Mollie, Discord, hosting provider, internet routing) or by loss of data to the extent that the Partner has omitted reasonable self-protection (e.g. data export via the API).

§ 12 System requirements

12.1 To use the platform the Partner needs:

• a current web browser (Chrome, Firefox, Edge or Safari in the respective current version),
• an active Discord account with owner or admin rights on the server to be connected to the community,
• an account registered with Mollie with activated payment methods, and
• a stable internet connection.

§ 13 Force majeure

13.1 War, civil war, official orders, strikes, lockouts, sabotage, large-scale internet outages, pandemics and other events which make the fulfilment of the Operator's obligations impossible or unreasonable shall be deemed force majeure. The contractual obligations are suspended for the duration of the impediment; a claim for damages is excluded.

Part C — Terms for Members (End customers)

§ 14 Use of the platform

14.1 Registration and use of the platform by members takes place via Discord OAuth login and is free of charge for the member.

14.2 Via the personal member portal, the member can centrally view, cancel, reactivate their subscriptions across various Partner communities, download invoices and delete their account.

14.3 The member undertakes not to use the platform abusively, in particular not to send automated mass requests, not to circumvent security mechanisms and not to harass other members.

§ 15 Contractual relationship with Partners

15.1 When purchasing a paid plan, the member enters into a contract exclusively with the respective Partner, not with JoinOurServer. The contracting party for the owed service (access to the community, content, any other services) is solely the Partner.

15.2 For any defects in the service offered by the Partner, claims for refunds or complaints, the respective Partner is therefore the point of contact. JoinOurServer provides the Partner's contact details in the member portal and on every invoice.

15.3 The marketplace at joinourserver.com/marketplace is solely a directory. No content recommendation, review or guarantee for individual communities listed there is associated with this on the part of JoinOurServer.

§ 16 Member's right of withdrawal

16.1 Since the member does not enter into a paid contract with the Operator JoinOurServer, but exclusively with the respective Partner (see § 15), a statutory right of withdrawal (14 days without giving reasons) is governed solely by the terms used by the Partner. Each Partner is obliged to provide their own withdrawal notice tailored to their offer in the checkout and in the payment confirmation.

16.2 No statutory right of withdrawal applies to the free use of the JoinOurServer platform itself (Discord login, member portal, marketplace browsing), as no paid contract with the Operator is concluded.

§ 17 Trial phases

17.1 If a Partner offers a plan with a free trial phase, a mandate verification of EUR 0.00 (credit card or PayPal) is performed at the start of the trial. No actual money movement takes place.

17.2 After the trial expires, the regular plan price is automatically charged via the stored payment method. The member can cancel the subscription at any time before the trial expires in the member portal free of charge, without being charged.

§ 18 Data processing

18.1 Our Privacy Policy details which personal data is collected for which purpose, in particular in connection with Discord OAuth, Mollie payment processing and invoicing.

18.2 Members can delete their account and all associated personal data at any time via the member portal (right to be forgotten, Art. 17 GDPR). Information under Art. 15 GDPR is provided on informal request to the email address mentioned below. Invoice data subject to statutory retention obligations is anonymised, but not physically deleted.

Final Provisions & Address

§ 19 Provider / address

The contracting party and provider of the platform within the meaning of these Terms is:

Email: info@ak-netbar.de · VAT ID: DE351337525

§ 20 Applicable law

20.1 All legal relationships between the Operator and its Partners or members shall be governed exclusively by the law of the Federal Republic of Germany under exclusion of the UN Sales Convention (CISG).

20.2 Towards consumers habitually resident in the EU, the mandatory consumer protection provisions of the country of residence shall additionally apply to the extent that they grant a higher level of protection.

§ 21 Place of jurisdiction

21.1 To the extent the Partner is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the Operator's registered office.

21.2 For consumers, the statutory place of jurisdiction remains unaffected.

§ 22 EU dispute resolution & consumer arbitration

22.1 The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr.

22.2 The Operator is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

§ 23 Changes to these Terms

23.1 The Operator reserves the right to change these Terms with at least 30 days' advance notice, insofar as this is necessary due to changes in the legal framework, technical requirements or to extend the range of services.

23.2 Planned changes are communicated to Partners by email to the address stored in the account. If the Partner does not object to the changes in text form within 30 days of receipt of the notification, the changes are deemed accepted. This legal consequence is specifically pointed out in the change notification. In the event of timely objection, the Operator is entitled to terminate the contractual relationship effective on the date the change takes effect.

§ 24 Severability

24.1 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid one.

Appendix: Withdrawal notice (Partners acting as consumers only)

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day of conclusion of the contract.

To exercise your right of withdrawal, you must inform us by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event no later than 14 days from the day on which we were informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement.

Lapse of the right of withdrawal for digital content

The right of withdrawal lapses for a contract on the delivery of digital content not on a physical data carrier if the Operator has begun performance of the contract after you have expressly consented to the Operator beginning performance before the end of the withdrawal period and you have confirmed your knowledge that by your consent you lose your right of withdrawal upon commencement of performance.

Model withdrawal form

(If you wish to withdraw from the contract, please complete and return this form.)

To: JoinOurServer, info@ak-netbar.de

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the sale of the following goods (*) / the provision of the following service (*):

– Ordered on (*) / received on (*):
– Name of consumer(s):
– Address of consumer(s):
– Signature of consumer(s) (only if notified on paper):
– Date:

(*) Delete as applicable.