Terms and Conditions
Note on review of standard terms: Towards consumers, pre-formulated contract terms are subject to review under Sections 305 et seq. BGB (Bürgerliches Gesetzbuch, German Civil Code). Clauses that unreasonably disadvantage the other party are void – the remainder of the contract stays in force and statutory law applies instead of the void clause. The provisions on liability (Section 12), on changes to the scope of services (Section 10), on amendments to these terms (Section 14) and on transferring the licence (Section 6) deserve particular attention. This text should be reviewed by a lawyer before use.
Section 1 Scope and provider
(1) These terms and conditions (“Terms”) apply to all contracts and usage relationships between the provider named below and its users (“Customer”) concerning:
- the use of this website,
- the free use of the Discord bot “MXO Discord Bot” including its web dashboard,
- the paid Premium subscription for the MXO Discord Bot,
- the paid subscription for “MXO Live Studio” as an ongoing service; the games arcade is included in it.
(2) The provider is:
c/o TrueConnective Glück & Stolle GbR
Schwägrichenstr. 14b
04107 Leipzig
Germany
E-mail: kontakt@mxomedia.online
(3) The provider's contractual partner is the person who adds the bot to a Discord server, takes out a Premium subscription for a Discord server, or takes out a subscription for MXO Live Studio.
(4) Under Section 13 BGB (German Civil Code) a consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. Under Section 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the transaction, acts in the exercise of their trade, business or profession.
(5) Deviating, conflicting or supplementary terms of the Customer do not become part of the contract unless the provider has expressly agreed to them in text form. This also applies where the provider performs without reservation while aware of such terms.
(6) The MXO Discord Bot requires a Discord user account; Discord's own terms apply in addition. Entering into a paid contract requires full legal capacity. Minors may only enter into paid contracts with the consent of their legal guardians.
(7) The version of these Terms that was available on this website at the time the contract was concluded applies. For ongoing subscriptions, Section 14 applies in addition.
Section 2 Description of services
(1) This website
The website is a purely static information offering. It does not load content from third-party servers, sets no cookies, uses no analytics or tracking tools and contains no contact form. Using the website does not create any claim to particular content or particular availability.
(2) MXO Discord Bot
The MXO Discord Bot is a hosted service operated by the provider: the bot runs on a server rented by the provider, not on the Customer's machine. It offers 13 modules with a total of 42 slash commands, can be used in German and English (language set per server) and is configured through a web dashboard that server admins sign in to via Discord OAuth2. The feature set covers moderation and auto-mod, verification, a ticket system, a level system, an economy system, community features, giveaways, birthdays, live notifications for third-party platforms, temporary voice channels and custom command names per server.
Basic use (“Free”) is free of charge permanently and includes all 13 modules and all 40 commands. The paid Premium subscription raises the usage limits and unlocks two additional features. The following limits apply per Discord server:
| Feature | Free | Premium |
|---|---|---|
| Giveaways running at the same time | 2 | 20 |
| Open tickets at the same time | 5 | 50 |
| Reaction role panels | 3 | 25 |
| Shop items | 10 | 100 |
| Level role rewards | 5 | 30 |
| Auto-mod filter words | 25 | 500 |
| Temporary voice channels | 5 | 25 |
| Top supporters in the thank-you list | 3 | 10 |
| Ticket transcripts | not included | included |
| Custom level-up message | not included | included |
(3) MXO Live Studio
MXO Live Studio is provided as an ongoing service on a subscription basis, not as a one-off purchase. The Customer does not acquire permanent ownership of the software and does not receive a program file to install on their own computer. The application runs on the provider’s servers; the Customer operates it through their browser and embeds the overlays into their streaming software as a browser source using a personal address. A user account is required. Data created during use (settings, automations, statistics, uploaded media) is stored on the provider’s servers; details are set out in the privacy policy. The Customer can export their data from the application at any time.
What is owed is the feature set described on the MXO Live Studio product page at the time the contract is concluded, in the version stated there. There is no claim to additional features.
(4) Games arcade
The games arcade is part of MXO Live Studio and is not offered separately. It comprises the games described on the product page, which the Customer may use within their subscription at no extra charge. There is no claim to a particular set of games; Section 10 applies to changes.
(5) Dependence on third-party platforms
The MXO Discord Bot requires the Discord platform. MXO Live Studio pulls data from TikTok LIVE and Twitch; the bot's live notifications additionally access publicly available interfaces of Twitch, YouTube, Kick and TikTok. The provider has no influence on whether these interfaces exist, what they cover or how they work. If a platform changes its interfaces, individual features may be restricted without notice, fail temporarily or cease permanently. Detection of new TikTok posts is expressly marked as experimental. The connection to TikTok LIVE is made through an open third-party library.
(6) There is no business relationship and no partnership between the provider and Discord, TikTok/ByteDance, Twitch/Amazon, YouTube/Google or Kick. Platform names are mentioned solely to describe the features.
Section 3 Conclusion of contract
(1) The presentation of services on this website and in the web dashboard is not a binding offer but an invitation to the Customer to make an offer.
(a) Free use of the Discord bot
(2) The contract for free basic use is concluded by adding the bot to a Discord server via the invitation link provided. No separate account with the provider is created for this.
(b) Premium subscription for the Discord bot
(3) The Premium subscription is taken out by a server admin in the web dashboard for a specific Discord server. The Customer makes their offer by starting the order process in the dashboard and completing the payment process with the payment service provider Stripe. The contract is concluded once payment is confirmed and the Premium features are unlocked for the server concerned.
(c) Subscription for MXO Live Studio
(4) The product page describes the application, the components included, the requirement of a current browser system requirement and the price. The order process runs as follows: the Customer selects the product, reaches the order summary, enters the data required for processing and completes the order using a button that is expressly marked as creating an obligation to pay. Before submitting, the Customer can check all entries on the order summary and correct input errors at any time by going back in the order process or changing the input fields.
(5) By submitting the order the Customer makes a binding offer. The provider accepts this offer by confirming the order in text form or by providing access to the application.
(6) The contract text is not stored separately; these terms can be viewed, printed and saved from this website at any time. These Terms can be retrieved, printed and saved from this page at any time.
(7) The contract language is German. This English version of the Terms serves comprehension only.
Section 4 Prices, payment, due date
(1) The Premium subscription for the MXO Discord Bot costs EUR 2.99 per month and Discord server.
(2) The subscription for MXO Live Studio costs the amount shown on the product page and during checkout, per month. A one-off purchase is not offered; when the subscription ends, so does access.
(3) Value added tax – under Section 19 UStG (German Value Added Tax Act, small-business rule) no value added tax is charged and therefore none is shown. No VAT is shown in accordance with section 19 of the German VAT Act (§ 19 UStG).
(4) Payment for the Premium subscription is processed by the payment service provider Stripe. The payment methods offered there apply. Payment details are entered exclusively with Stripe; the provider receives no access to complete payment details.
(5) Payment for MXO Live Studio is processed by the payment provider named when sales start. The following payment methods are available: the payment methods Stripe offers for the respective country, typically credit card and other methods supported by Stripe.
(6) The fee for the Premium subscription falls due at the start of each billing period and is collected automatically as long as the subscription has not been cancelled. The first payment falls due immediately on conclusion of the contract; it covers the first month.
(7) If a subscription payment fails, the provider may deactivate the Premium features after a reasonable grace period has expired without success. Free basic use is not affected. Statutory claims of the provider for late payment remain unaffected.
(8) Beyond the monthly fee, use incurs no additional cost. The Customer bears the cost of their own internet connection.
(9) Invoices and payment receipts are provided provided by e-mail from the payment provider Stripe and are also available in Stripe’s customer portal.
(10) The Customer may only set off claims that are undisputed or have been established by a final court decision. The Customer has a right of retention only in respect of counterclaims arising from the same contractual relationship.
Section 5 Provision and access
(1) MXO Live Studio is supplied as access to an ongoing service, not as a file to download. Once the subscription is taken out, the provider sets up a personal environment without undue delay and sends the Customer the access addresses. Setup normally completes within a few minutes.
(2) On the Customer’s side a current browser and an internet connection are required. Embedding the overlays requires streaming software with a browser source (such as OBS). No particular operating system is needed, because the application runs on the provider’s servers.
(3) The access addresses contain a personal secret and must not be passed on to third parties. The Customer keeps them safe. If they are suspected to have been shared or lost, the provider will renew them on request.
(4) The Customer can export their data from the application at any time. After the subscription ends it remains available for 30 days (Section 7(5)).
(5) If the provider fails to supply the digital content, the consumer may request supply. If supply still does not follow without undue delay, the consumer may terminate the contract under Section 327c BGB. Further statutory rights remain unaffected.
Section 6 Licence
(1) For the term of the subscription the Customer receives a simple, non-exclusive and non-transferable right to use MXO Live Studio with its games arcade for their own streams. The right is limited to the term of the subscription and ends with it. No perpetual right of use is granted, because the software is not supplied but provided as a service.
(2) Expressly permitted is the use of the overlays, alerts, graphics and output produced with the software in the Customer’s own stream — including commercially, in monetised streams and in recordings, re-runs and clips. The provider makes no further claims to them and requires no attribution.
(3) Without the provider’s prior consent, the following are prohibited in particular:
- passing on, selling, renting out or lending the access credentials or the access itself to third parties,
- sub-licensing and making the software available to third parties as a service (“hosting”, “software as a service”),
- publishing, making publicly available and distributing the program files or parts of them, including the gift database they contain,
- circumventing technical protection or licensing mechanisms,
- removing or altering copyright, licence or origin notices.
(4) Decompilation is permitted only within the limits of Sections 69d and 69e UrhG, in particular to achieve interoperability with an independently created program, and only after the provider has failed to supply the required information within a reasonable period upon request.
(5) The making of a backup copy by a person entitled to use the software remains permitted under Section 69d(2) UrhG.
(6) The software contains third-party components under their own open-source licences —
among them tiktok-live-connector and tmi.js. For those
components the respective licence terms take precedence over this section. MXO Live
Studio itself is not an open-source offering; the source code is neither
supplied nor released.
(7) If the Customer culpably and materially breaches paragraphs 3 to 5, the provider may revoke the right of use after prior warning. Statutory claims for infringement of copyright remain unaffected.
(8) No rights in the software of the MXO Discord Bot are granted to the Customer. The Customer merely receives the ability to use the service operated by the provider within the agreed scope.
Why transfer is excluded here: The exhaustion doctrine (CJEU, “UsedSoft”) concerns copies of a program supplied permanently for a one-off fee. MXO Live Studio is not supplied but provided as a time-limited service; no copy that could be resold ever reaches the Customer.
Section 7 Term and cancellation of subscriptions
(1) Each subscription (MXO Discord Bot Premium, MXO Live Studio) is concluded for an indefinite period and billed monthly. It renews automatically by one further month for as long as it is not cancelled.
(2) Either party may cancel the subscription at any time without giving reasons. Cancellation takes effect at the end of the billing period already paid for. Until then the subscribed service remains fully usable. There is no pro-rata refund for the current period unless a right of withdrawal or statutory claims provide otherwise.
(3) No particular form is required for cancellation. It can be declared informally – for example by e-mail – to the contact details given in the imprint. The customer portal of the payment provider Stripe is available in addition (paragraph 4).
(4) Cancellation button under Section 312k BGB: In the account area of the web dashboard a button leads directly to the customer portal of the payment provider Stripe. Any subscription can be ended there without giving reasons, without a follow-up question and without further steps. Informal cancellation under paragraph 3 remains possible at any time.
(5) Once a subscription has ended, the associated services are no longer available. For the MXO Discord Bot the limits of free use under Section 2(2) apply again; the configuration and data of that server are retained. For MXO Live Studio access ends completely, as it is offered on a subscription basis only. The Customer’s data remains available for 30 days after the subscription ends so that it can be exported; after that it is deleted. Details are set out in the privacy policy.
(6) Free basic use ends as soon as the bot is removed from the Discord server.
(7) The right of either party to terminate for good cause remains unaffected. Good cause for the provider exists in particular in the event of serious or repeated breaches of Section 11.
(8) After the contract ends, stored configurations and data may be deleted in accordance with the privacy policy. Claims to the release of data exist within the scope of statutory provisions, in particular Article 20 GDPR and Section 327p BGB (German Civil Code).
Section 8 Right of withdrawal
(1) Consumers have a statutory right of withdrawal for contracts concluded at a distance. Details, the withdrawal period, the consequences and the model withdrawal form are set out in the withdrawal policy.
(2) Early expiry for digital content: this paragraph applies to digital content supplied once and not on a tangible medium. MXO Live Studio no longer falls under it since the switch to a subscription — it is an ongoing service, for which paragraph 3 applies. Under Section 356(5) BGB (German Civil Code), the right of withdrawal for such a contract expires early only if all of the following conditions are met:
- the consumer has expressly consented to the provider beginning performance of the contract before the withdrawal period has expired;
- the consumer has confirmed their awareness that by giving this consent they lose their right of withdrawal;
- the provider has given the consumer confirmation of the contract on a durable medium that reproduces this consent and confirmation of awareness (Section 312f(3) BGB).
If even one of these conditions is missing, the right of withdrawal remains in place.
(3) Subscriptions (Bot Premium, Live Studio): if, at the consumer's express request, the provider begins performance before the withdrawal period has expired, the right of withdrawal may expire early under the conditions of Section 356(4) BGB (German Civil Code). If the consumer withdraws before performance is complete, pro-rata compensation for the value of the service provided up to that point may be payable, provided the consumer was properly informed.
Section 9 Warranty and duty to provide updates
(1) The statutory provisions of Sections 327 et seq. BGB (German Civil Code) apply to the supply of digital products to consumers. The provider owes a digital product that meets the subjective and objective requirements as well as the requirements regarding integration. If the product is defective, the consumer may, in accordance with statutory provisions, demand cure, terminate the contract, reduce the price or claim damages under Section 12.
(2) Towards entrepreneurs, the statutory provisions apply.
(3) Duty to provide updates (Section 327f BGB, German Civil Code): the provider supplies updates that are necessary to keep MXO Live Studio in conformity with the contract during the relevant period. This includes security updates. The provider informs the Customer about the availability of an update and about the consequences of not installing it. The relevant relevant period is the entire term of the subscription: for as long as the subscription runs, the provider keeps the application up to date. Updates are included in the monthly fee.
(4) The Customer does not have to install updates. The provider applies them on its own servers; the Customer receives them the next time the application is opened. Section 327f(2) BGB (exclusion of liability where an update is not installed) therefore has no application here and is not relied upon.
(5) There is no claim to new features (feature updates) unless expressly agreed otherwise. Paragraph 3 remains unaffected.
(6) Third-party interfaces: the connection to TikTok LIVE, Twitch, Discord and other platforms is made through their interfaces. If these platforms change or close their interfaces, the connection may fail. The provider has no influence on this and cannot guarantee an uninterrupted connection. Within what is reasonable, the provider will endeavour to restore the connection through updates. The Customer's statutory rights remain unaffected.
(7) The product description on this website at the time the contract is concluded is decisive for the quality owed. Statements in previews, announcements or posts about planned features do not constitute a guarantee of quality or durability.
Section 10 Availability and changes to the scope of services
(1) Both products – MXO Discord Bot and MXO Live Studio – are privately developed projects and run on servers rented by the provider. The provider operates them with monitoring, daily backups and automatic restart on failure. Even so, no particular availability is promised. No uptime quotas, response times or service levels are guaranteed, and there is no claim to round-the-clock support.
(2) Outages, interruptions and maintenance windows are possible, for example due to maintenance work, updates, power or network failures, disruptions at Discord, TikTok, Twitch or other platforms, and force majeure. The provider endeavours to announce foreseeable interruptions in advance and to remedy disruptions within a reasonable time.
(3) Support is provided by e-mail to the address above. We usually reply within a few working days; there is no claim to a particular response time.
(4) The provider may develop the products further and change or discontinue individual features where there is a valid reason – for example technical, legal or economic requirements or changes at third-party platforms. If a change materially impairs a paid subscription, the Customer will be informed in text form in good time in accordance with Section 327r BGB (German Civil Code); in that case the Customer may terminate the contract within 30 days of receiving the information or of the change taking effect.
(5) If the provider discontinues a product entirely, ongoing paid subscriptions will not be continued beyond the date of discontinuation. Amounts already paid for periods of service not yet provided will be refunded pro rata.
(6) Discontinuation will be announced in text form at least three months in advance, so that the Customer can export their data and move to another offering. The export under Section 5(4) remains possible until the end of that period. This notice period does not apply where the provider has to discontinue at short notice for legal reasons or because a third-party platform ceases to exist; in that case the provider gives notice without undue delay.
Section 11 User obligations, prohibited use
(1) The Customer uses the provider's products only within the applicable law and the terms of use and guidelines of the respective platform, in particular Discord, TikTok and Twitch. The Customer ensures that using the software in their stream is compatible with those rules.
(2) The following are prohibited in particular:
- use for unlawful, insulting, harmful-to-minors, discriminatory or infringing content,
- use for harassing, spying on or stalking individuals,
- automated mass messaging of people (spam),
- circumventing usage limits, Premium restrictions, access controls or licensing mechanisms,
- attacks on the availability of the service, overloading interfaces, and reading or altering data of other servers or other customers,
- reverse engineering, copying or redistributing the service or the software beyond the limits set out in Section 6,
- use to fake viewer, gift or interaction figures towards third parties.
(3) The respective server or channel owners alone are responsible for content published or configured through the bot on a Discord server or through the software in a stream – for example welcome messages, shop items, polls, alerts, overlays and giveaway conditions. They ensure that the features they use comply with legal requirements; this applies in particular to giveaways, to advertising disclosure and to the protection of minors.
(4) The Customer protects their access addresses and their platform account credentials against access by third parties. The personal addresses under Section 5(3) work like a password: whoever knows them reaches the instance. Platform credentials the Customer stores in the application are within their sphere of responsibility; the provider keeps them exclusively inside that Customer's own instance.
(5) In the event of breaches, the provider may block affected features, restrict access to the dashboard, remove the bot from the server concerned or terminate the contract for good cause. The provider chooses the mildest suitable measure in each case and takes account of the legitimate interests of those affected. Where reasonable, a warning is given before a permanent block.
(6) If the Customer culpably breaches their obligations under this Section and third parties therefore raise claims against the provider, the Customer indemnifies the provider against justified third-party claims including reasonable costs of legal defence. The provider informs the Customer of such claims without undue delay and allows the Customer to take part in the defence.
Section 12 Liability
(1) The provider is liable without limitation for intent and gross negligence, for fraudulent concealment of a defect, where a guarantee has been given, and for damage arising from injury to life, body or health. Liability under the Produkthaftungsgesetz (German Product Liability Act) remains unaffected.
(2) In cases of simple negligence, the provider is liable only for the breach of a material contractual obligation – that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the other party may regularly rely. In such cases liability is limited to the foreseeable damage typical for this type of contract.
(3) Liability beyond this is excluded. Paragraphs 1 and 2 remain unaffected; this does not involve any change in the burden of proof to the Customer's detriment.
(4) For use free of charge – in particular free basic use of the bot – liability is additionally governed by the statutory provisions for contracts without consideration.
(5) The provider backs up Customer data daily as part of running the service. That backup is part of operations and is not owed as a separate service; there is no claim to a particular restoration. The Customer remains responsible for additionally exporting important configurations and content themselves; the application offers an export at any time (Section 5(4)).
(6) The above provisions on liability also apply for the benefit of the provider's legal representatives and vicarious agents.
Section 13 Data protection
(1) Information about the processing of personal data can be found in the privacy policy.
(2) Server owners are obliged to inform the members of their Discord server in a suitable way about the use of the bot and the data processed in the course of it.
(3) With MXO Live Studio the provider processes data about the Customer's viewers as a processor under Article 28 GDPR. The Customer remains the controller under data protection law. The provider processes that data solely on the Customer's instructions; the details are set out in the Data Processing Agreement, which is concluded together with the subscription.
Section 14 Amendments to these terms
(1) The provider may amend these Terms for ongoing continuing obligations – in particular the Premium subscription – where there is a valid reason, such as changes in the law or in case-law, changes to the scope of services or to the technical framework, and where the amendment does not unreasonably disadvantage the Customer. The core of the agreed service and the price cannot be changed unilaterally in this way.
(2) Amendments are notified to the Customer in text form at least 30 Tage before they take effect, via e-mail.
(3) If the Customer does not object within the period, the amendments are deemed accepted. The notification will separately point out this effect and the Customer's right to object. If the Customer objects, either party may terminate the contract as of the date the amendment takes effect; until then the previous terms continue to apply.
(4) For contracts concluded before an amendment, the terms agreed at the time of conclusion continue to apply until the end of the current billing period. Paragraph 1 remains unaffected.
Section 15 Dispute resolution
European Commission online dispute resolution platform (ODR platform): the European Commission has discontinued operation of the ODR platform. A link to that platform is therefore no longer meaningful.
Consumer arbitration under the VSBG (German Consumer Dispute Resolution Act):
the provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
Further details on dispute resolution can be found in the imprint. The right to bring proceedings before the ordinary courts remains unaffected in any case.
Section 16 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers this choice of law applies only in so far as it does not deprive them of the protection afforded by mandatory provisions of the state in which they have their habitual residence.
(2) If the Customer 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 Leipzig. Towards consumers, only the statutory places of jurisdiction apply.
(3) Individually agreed terms take precedence over these Terms under Section 305b BGB (German Civil Code). Declarations within this contractual relationship – such as cancellations – require text form; no stricter form is required.
(4) Should individual provisions of these Terms be or become wholly or partly invalid, the validity of the remaining provisions is unaffected. Statutory provisions take the place of the invalid provision.
(5) These Terms exist in German and in English. Only the German version is legally binding. In case of discrepancies the German version prevails.