Terms of Service

Welcome to Danio! These Terms of Service ("Terms") are a legal agreement between you and Ricky-Tick Software, LLC, a Delaware limited liability company ("Company," "we," "us," or "our"). They govern your use of the Danio application, website, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SEE SECTION 15). PLEASE READ THEM CAREFULLY.

1. Who We Are

Danio is a communication platform operated by Ricky-Tick Software, LLC, a limited liability company organized under the laws of the State of Delaware, United States. These Terms govern your relationship with us when you use any part of the Services.

2. Age Requirements

You must be at least 13 years old to use the Services. If you are under the age of majority in your jurisdiction, your parent or legal guardian must agree to these Terms on your behalf and is responsible for your use of the Services, including all activity on your account and any purchases made.

We reserve the right to terminate accounts that we reasonably believe are being used by individuals under 13 years of age.

3. What Danio Provides

Danio is a platform for communication. We provide features including but not limited to:

Text, voice, and video channels organized into guilds (servers)
Direct messaging and group chats
Screen sharing and live streaming
Media uploads (images, files, and other attachments)
Bot and application integrations
Custom profiles, statuses, and themes

We continuously evolve the Services. We may add, modify, or discontinue features at any time without prior notice or liability. We do not guarantee that any particular feature will always be available.

4. Your Account

To use most features of the Services, you must create an account. When you do, you agree to:

Provide accurate, current, and complete information
Maintain the security of your account credentials
Use a strong, unique password and enable two-factor authentication
Notify us immediately of any unauthorized access to your account
Not share your account or transfer it without our prior written consent

You are responsible for all activity that occurs under your account. We are not liable for any loss or damage arising from unauthorized use of your account. We may reclaim usernames at our discretion, including for trademark reasons or extended inactivity.

5. Your Content

5.1 Content You Create

You retain ownership of any content you create, upload, or share through the Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with providing, developing, and improving the Services.

This license exists only for the limited purpose of operating the Services. For example, we need this license to display your messages to other users, to store your files, and to provide search functionality. You may revoke this license by deleting Your Content or your account, except to the extent we are required to retain it by law or it has been shared with others who have not deleted it.

You represent and warrant that you own or have the necessary rights to Your Content and that it does not violate any third party's intellectual property or other rights.

5.2 Our Content

The Services, including all software, designs, text, graphics, logos, icons, and other materials created by us, are owned by or licensed to Ricky-Tick Software, LLC and are protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks, logos, or branding without our prior written permission.

5.3 Other Users' Content

Content posted by other users represents their views, not ours. We do not endorse, verify, or guarantee the accuracy of any user content. You may encounter content that is offensive, inaccurate, or otherwise objectionable. We are not liable for any user content.

6. Software

6.1 License to Use

We grant you a personal, worldwide, non-exclusive, non-transferable, revocable, limited license to download, install, and use our software solely for the purpose of accessing the Services. You may not:

Copy, modify, or create derivative works of the software
Reverse engineer, decompile, or disassemble the software
Distribute, sell, lease, sublicense, or otherwise transfer the software
Remove or alter any proprietary notices or labels

6.2 Open Source

The Services may include open-source software components subject to their own license terms. Those license terms take precedence over these Terms to the extent they conflict.

6.3 Third-Party Services

The Services may integrate with or link to third-party applications, bots, websites, or services. We are not responsible for the content, functionality, or practices of any third party. Your use of third-party services is at your own risk and subject to their terms and privacy policies.

7. Copyright

We respect intellectual property rights and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please send a notice of infringement to legal@danio.chat that includes:

A description of the copyrighted work you claim has been infringed
A description of where the material is located on the Services
Your contact information (name, address, email, phone number)
A statement that you have a good faith belief that the disputed use is not authorized
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner
Your physical or electronic signature

We may terminate the accounts of users who are determined to be repeat infringers.

8. Paid Services

Danio offers optional paid features, including premium subscriptions, guild subscriptions, and server boosts ("Paid Services"). By purchasing Paid Services, you agree to the following:

Billing. You authorize us to charge your chosen payment method for all fees associated with Paid Services. Prices are displayed at the time of purchase and may change with reasonable advance notice.
Subscriptions. Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time through your account settings.
Refunds. Payments are generally non-refundable except where required by applicable law. We may grant refunds at our sole discretion.
Taxes. You are responsible for any applicable taxes. If we are required to collect taxes, they will be added to your payment.
Free trials. We may offer free trials of Paid Services. Unless you cancel before the trial ends, you will be charged at the stated price when the trial period expires.

9. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

9.1 Harm to Others

Harassing, threatening, intimidating, or bullying other users
Posting content that is illegal, defamatory, obscene, or harmful
Impersonating any person or entity
Sharing another person's private information without consent
Exploiting minors in any way
Promoting violence, self-harm, or terrorism
Engaging in spam, phishing, or social engineering

9.2 Harm to the Services

Accessing another user's account without authorization
Scraping, crawling, or automated data collection without our written consent
Circumventing rate limits, security measures, or access controls
Uploading malware, viruses, or other malicious code
Interfering with or disrupting the Services or servers
Selling, reselling, or commercially exploiting the Services or any data obtained from them
Using unauthorized modifications, bots, or automation tools
Abusing reporting or moderation mechanisms

9.3 Other Prohibited Conduct

Violating any applicable law, regulation, or third-party rights
Encouraging or assisting others in any of the above activities

We may investigate and take action against violations at our sole discretion, including content removal, warnings, temporary suspension, or permanent termination of your account.

10. Termination

10.1 By You

You may delete your account at any time through your account settings. Upon deletion, these Terms terminate, except for provisions that by their nature survive termination (see Section 16.6).

10.2 By Us

We may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

Violation of these Terms or our Community Guidelines
Conduct that we believe is harmful to other users or the Services
Legal or regulatory requirements
Extended account inactivity (2 or more years)
Circumstances where continued access poses a risk to the Services, our users, or third parties

We will provide advance notice when reasonably possible. If your account is terminated, you may lose access to Your Content and any Paid Services without refund, unless required by law.

11. Appeals

If your account is suspended or terminated, or if your content is removed, you may appeal the decision by contacting us at appeals@danio.chat. We will review your appeal and respond within a reasonable time. Our decision on appeal is final.

12. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Ricky-Tick Software, LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Services
Your Content
Your violation of these Terms
Your violation of any third party's rights
Your negligence or willful misconduct

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any content on the Services.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RICKY-TICK SOFTWARE, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

We are not liable for the conduct or content of any user, whether online or offline. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the fullest extent permitted by law.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first attempt to resolve the dispute informally by sending a written description of your claim to disputes@danio.chat. Your notice must include your name, account information, a description of the dispute, and the resolution you seek. Both parties agree to participate in good-faith negotiation for at least 60 days before pursuing formal proceedings.

15.2 Governing Law

These Terms and any disputes arising from them are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions.

15.3 Mandatory Arbitration

YOU AND RICKY-TICK SOFTWARE, LLC AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. If AAA is unavailable, the parties shall agree on an alternative arbitration provider, or a court shall appoint one. The arbitration shall be conducted in the English language. The seat of arbitration shall be the State of Delaware.

The arbitrator shall have exclusive authority to resolve all disputes, including questions of arbitrability. The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive or declaratory relief, but only to the extent required to satisfy the individual claim.

15.4 Arbitration Costs

For claims of $10,000 or less that do not seek injunctive relief, arbitration may be conducted based on written submissions alone, unless the arbitrator determines a hearing is necessary.
For claims exceeding $10,000 or seeking injunctive relief, hearings may be conducted in person, by phone, or by video at the arbitrator's discretion.
Filing fees and arbitrator costs shall be allocated in accordance with AAA's rules. Each party bears its own attorneys' fees and costs unless the arbitrator awards fees to the prevailing party as permitted by applicable law.

15.5 Jury Trial Waiver

YOU AND RICKY-TICK SOFTWARE, LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

15.6 Class Action Waiver

YOU AND RICKY-TICK SOFTWARE, LLC AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU MAY NOT BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM.

15.7 Mass Filing Procedures

If 100 or more similar arbitration demands are filed by or with the assistance of the same law firm or group of law firms within a 30-day period, the following procedures apply:

Claims shall be grouped into batches of no more than 100. Only 10% of total batches may proceed simultaneously.
After the first batch is resolved, the parties shall attempt mediation of remaining claims for a period of 90 days.
If mediation does not resolve remaining claims, subsequent batches proceed sequentially.
If remaining claims are not resolved within 12 months of the initial filing, either party may elect to proceed in court in lieu of continued arbitration.

15.8 Exceptions to Arbitration

The following disputes are not subject to mandatory arbitration:

Claims that qualify for small claims court (filed individually and within the court's jurisdictional limits)
Claims relating to patents, copyrights, trademarks, trade secrets, or moral rights
Requests for injunctive or equitable relief to prevent imminent harm or protect intellectual property rights, pending resolution of the underlying dispute

15.9 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to arbitration-opt-out@danio.chat within 30 days of creating your account or within 30 days of the effective date of these Terms, whichever is later. Your notice must include your name, account username, email address, and a clear statement that you wish to opt out. If you opt out, all other provisions of these Terms remain in effect.

15.10 Venue

For disputes not subject to arbitration, you agree to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.

15.11 Time Limitation

Any claim arising out of or related to these Terms or the Services must be filed within one (1) year after the cause of action accrues. Claims filed after this period are permanently barred.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features or Paid Services, constitute the entire agreement between you and Ricky-Tick Software, LLC regarding the Services.

16.2 Modifications to Terms

We may update these Terms from time to time to reflect changes to the Services, legal requirements, or security practices. We will provide reasonable advance notice of material changes (for example, by email or in-app notification). Your continued use of the Services after the updated Terms take effect constitutes your acceptance. If you do not agree, you must stop using the Services and delete your account.

For material changes to the arbitration provisions in Section 15, we will provide at least 30 days' notice. You may reject the changes by opting out before the 30-day period expires.

16.3 Waiver and Severability

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision. If any provision is found to be unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

16.4 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

16.5 Export Compliance

You agree to comply with all applicable export control laws and regulations, including the U.S. Export Administration Regulations (EAR) and sanctions administered by the Office of Foreign Assets Control (OFAC). You represent that you are not located in any country subject to a U.S. government embargo and that you are not on any U.S. government restricted party list.

16.6 Survival

The following provisions survive termination of these Terms: Sections 5 (Your Content — license grant), 7 (Copyright), 12 (Indemnification), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Dispute Resolution), and 16 (General Provisions), along with any payment obligations incurred before termination.

16.7 Data Charges

You are responsible for any data, messaging, or other charges from your mobile carrier or internet provider that may arise from your use of the Services. Check with your provider before using the Services if you are unsure whether additional charges may apply.

16.8 Security Vulnerabilities

If you discover a security vulnerability in the Services, we encourage you to report it responsibly. Please contact us at security@danio.chat before disclosing it publicly.

17. Contact Us

If you have questions about these Terms, please contact us:

Email: legal@danio.chat
Support: support@danio.chat

Ricky-Tick Software, LLC · Registered in Delaware, United States