Last Updated: 31 October 2023
1.1 By using Dustup (the "Service"), including any software, plugins, or applications provided by Dustup Ltd. ("Company", "we", "us", "our"), you agree to be bound by these terms of service ("Terms"). Your continued use of the Service represents your acceptance of any changes to these Terms. If you do not agree to these Terms, do not use the Service.
1.2 The Service is primarily aimed at esports tournament organisers ("Organisers") and is used within the Discord platform to streamline the management of esports competitions. Esports competitors ("Players") also interact with the service to participate in the competitions.
2.1 Account Types: The Service offers two account tiers: "Noob" (free) and "Pro" (paid subscription). Organisers must invite the bot to their server and authenticate via Discord to create and manage their account. Players participate in tournaments without creating a dedicated account but acknowledge that their player names and performance metrics are recorded.
2.2 Account Integrity: Organisers must provide accurate and complete information for their accounts and are prohibited from creating multiple accounts or transferring accounts to others. Such actions may result in suspension or termination of the account. The specific consequences of such actions will be determined by the Company's sole discretion, potentially including permanent disqualification from using the Service. Users may contest any account suspension or termination by contacting firstname.lastname@example.org.
2.3 Account Termination: Organisers may terminate their account by sending a termination request to email@example.com.
3.1 Subscription Fees: Subscription fees apply to the Pro tier and are payable monthly or annually, as selected by the user.
3.2 Prize Payout Fees: Additional fees apply to any prize payouts using our automated bitcoin payout integration. These fees are calculated as a percentage of the total value of payouts made via this integration within a calendar month and are billed in the following month's subscription invoice. No fees are charged for payouts made through other platforms or methods.
3.3 Payment Methods: For Organiser subscriptions, we accept credit card payments through Stripe and bitcoin payments upon request.
3.4 Refunds: Subscribers may cancel their subscription at any time through their account dashboard on Stripe. Cancellations become effective at the end of the current billing cycle. Subscribers who are not satisfied with the Service may request a full refund of the charges for the most recent month by emailing firstname.lastname@example.org. For those on an annual subscription plan, this refund will be pro-rated based on the remaining duration of the subscription period.
4.1 Data Collection and Use: We collect necessary user data, including Discord usernames and payment information via Stripe, to provide the Service. This data is processed based on the lawful basis of contractual necessity, consent, and the Company's legitimate interests. Users have the right to access, rectify, erase, or restrict the processing of their data by contacting email@example.com. All user data is encrypted at rest and stored securely on third-party servers.
4.2 Sharing of Data: We do not share personal data with third parties, except as required to operate the Service (e.g., sharing basic player data with organisers).
5.1 User-Generated Content: Users may upload content such as organisation logos, tournament details, and team information. All content must comply with local laws and regulations. Obscene content, defined as material that is offensive, indecent, or objectionable, is strictly prohibited and subject to immediate removal and account penalties.
5.2 Content Ownership and License: The user retains ownership of their uploaded content. However, by uploading content, users grant the Company a limited, revocable, non-exclusive, and non-transferable license to use, display, and distribute this content in connection with the Service. This license is for the sole purpose of enabling the Company to operate and provide the Service and does not transfer any other rights.
6.1 We strive to provide the best possible service uptime but do not guarantee uninterrupted service availability. Notice of maintenance and unplanned outages will be communicated in advance when possible.
7.1 The Service must not be used for competitions that violate game developers' terms of service, any applicable laws, or for gambling-related activities. The Service is intended for games of skill, which are defined as games where the outcome is determined primarily by the player's skill rather than chance.
7.2 Recognition of Game Titles and Data Usage: All game titles and related content are owned by their respective developers/publishers. Our integration with these titles is unofficial and may be terminated or disrupted at any time without notice.
8.1 All rights to the software, its branding, logos, and content provided by the Company remain the sole property of Dustup Ltd.
9.1 Third-Party Disputes: While we facilitate a platform for esports tournaments, we are not responsible for disputes arising between Organisers and Players or other third-party interactions within the platform.
9.2 We prefer to resolve disputes amicably. Users are encouraged to contact first contact our customer support for any issues. If a dispute cannot be resolved through negotiation, non-binding arbitration in the UK will be the method of resolution. However, nothing in these Terms will prevent a consumer from bringing a claim in the courts of their jurisdiction.
10.1 The Company reserves the right to modify these Terms at any time. Major changes will be communicated via Discord and email. Users are responsible for reviewing these Terms periodically for changes.
11.1 The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, or other intangible losses, resulting from your use of the Service, interactions with any third parties through the Service, or any content or services provided therein. This limitation of liability does not apply to any liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by UK law.
12.1 These Terms are governed by and construed in accordance with the laws of the United Kingdom. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.