Important Notice
Please read these Terms carefully. By using ERM CE, you agree to the applicable terms below. Mandatory legal rights are not excluded.
1. Overview
Please read these Terms of Service ("Terms") carefully before using ERM CE, also known as Emergency Response Management Community Edition, including its Discord bot, website at https://ermce.fyi, dashboard, integrations, and related services (collectively, the "Service").
The Service is operated by the person or entity responsible for ERM CE ("we", "us", or "our").
These Terms govern your access to and use of the Service. By inviting, accessing, or using ERM CE, you agree to these Terms. If you do not agree, you must stop using the Service.
2. Acceptance and International Availability
You must be legally capable of agreeing to these Terms under applicable law.
If you invite or configure ERM CE for a Discord server, you confirm that you have the necessary authority to do so and that your use complies with applicable laws, Discord policies, and these Terms.
If you use ERM CE on behalf of an organisation, you are responsible for ensuring that your use is authorised.
The Service is intended for users internationally, subject to applicable laws, platform requirements, and any restrictions we may reasonably impose. Access to the Service does not mean ERM CE is established, registered, or authorised to operate as a business in every country. Nothing in these Terms removes mandatory legal obligations that apply to us.
3. Acceptable Use
You agree not to use ERM CE to engage in unlawful activity, fraud, harassment, threats, abuse, or other harmful conduct.
You must not distribute malicious software, conduct scams, facilitate unauthorised access, exploit security vulnerabilities without authorisation, disrupt the Service, overload its infrastructure, or circumvent access restrictions and security controls.
You must not misuse commands, logging, moderation, analytics, or staff-management features to harass or unlawfully monitor individuals.
You must not use the Service in a manner that violates Discord’s Terms of Service, Community Guidelines, applicable developer policies, or other applicable laws.
We may restrict or terminate access where we reasonably believe these Terms have been violated.
4. Impersonation and Intellectual Property
The ERM CE name, logos, branding, website design, documentation, and original software may be protected by applicable intellectual property laws.
Unless authorised by us or permitted by law, you must not use our name, logo, domain, or branding to mislead users about affiliation, endorsement, or ownership.
You must not create or operate websites, bots, or services intended to deceive users into believing they are official ERM CE services.
You must not represent yourself as a member of the ERM CE team or claim official endorsement without authorisation.
Nothing in these Terms transfers ownership of our intellectual property to you or prohibits lawful use, including use permitted by an applicable open-source licence.
5. Intended Purpose and Emergency Disclaimer
ERM CE is designed primarily to support Discord roleplay communities through features such as staff management, session scheduling, moderation, shift management, activity logs, and server analytics.
ERM CE is not an official emergency services organisation, emergency dispatch system, or substitute for real-world emergency services.
The Service must not be relied upon to contact emergency responders, dispatch emergency personnel, coordinate real-world emergency operations, or provide safety-critical instructions.
Simulated emergency records, incident reports, shifts, notifications, and other roleplay outputs are not evidence of real-world emergency activity.
In Australia, call 000 in a real emergency. Users in other countries should contact their local emergency services.
6. Server Administrators and User Content
Discord server owners and administrators are responsible for how they configure and use ERM CE within their communities.
You are responsible for ensuring the bot is configured appropriately, administrative access is restricted to authorised users, your community practices comply with applicable laws, and you have the necessary authority to submit or process information through the Service.
We do not control every action taken by server administrators or users, nor are we responsible for independently created server rules or user-generated content merely because ERM CE is used to manage or display it.
Nothing in this section excludes liability that cannot lawfully be excluded.
7. Data and Privacy
ERM CE may process information necessary to operate its features. Depending on how the Service is used, this may include Discord user IDs, server IDs, role and permission information, configuration settings, command inputs, staff records, shift records, moderation records, activity logs, and technical information.
The information actually collected, its purposes, storage arrangements, retention periods, and third-party recipients will be described in our Privacy Policy, to the extent applicable.
You should not submit passwords, payment-card details, or other sensitive information unless a feature specifically requires it and appropriate safeguards are in place.
Server administrators are responsible for considering their own privacy obligations when collecting, recording, or sharing information about their members.
We will handle personal information in accordance with applicable privacy laws and our published Privacy Policy. Nothing in these Terms authorises unlawful collection, use, disclosure, or retention of personal information.
8. International Data Processing
Depending on the Service’s infrastructure and the providers we use, information may be processed or stored in Australia or other countries.
Where applicable privacy laws require specific disclosures, safeguards, consent, or other measures for international transfers of personal information, we will take the steps required by those laws.
Our Privacy Policy will explain relevant data practices, including applicable international transfers, retention arrangements, and the rights available to users.
Users may have different privacy rights depending on their location, including rights to access, correct, delete, or object to certain processing of personal information, where provided by applicable law.
9. Discord and Third-Party Services
ERM CE operates through Discord and may use third-party hosting providers, APIs, databases, integrations, and other external services.
Your use of Discord is subject to its own terms and policies, including its Terms of Service, Community Guidelines, and applicable Developer Terms.
We do not control third-party services and cannot guarantee their availability, security, or continued compatibility with ERM CE.
Third-party outages, API changes, policy changes, or discontinued services may affect the Service. Links to third-party websites do not constitute an endorsement, and you access those services at your own discretion.
10. Availability and Changes
We aim to maintain a reliable Service, but we do not guarantee uninterrupted availability, a particular response time, or error-free operation.
The Service may experience downtime due to maintenance, technical issues, security incidents, hosting problems, Discord outages, or circumstances outside our reasonable control.
We may add, modify, suspend, or discontinue features where reasonably necessary for maintenance, security, legal compliance, or the ongoing operation of ERM CE.
Where reasonably practicable, we will provide notice of significant planned changes or interruptions. Nothing in this section removes rights or remedies that cannot legally be excluded.
11. Suspension and Termination
We may restrict, suspend, or terminate access to all or part of the Service where reasonably necessary because of a material breach of these Terms, suspected unlawful activity, abuse, security threats, attempts to compromise the Service, or requirements imposed by law or relevant third-party platforms.
Where appropriate and reasonably practicable, we will provide notice and an opportunity to address the issue before taking action. Immediate action may be necessary to protect users, systems, or legal interests.
You may stop using the Service at any time, including by removing the bot from your Discord server.
Where applicable, we will handle requests concerning stored information in accordance with our Privacy Policy and legal obligations.
12. Disclaimers
To the extent permitted by law, the Service is provided on an "as available" basis.
We do not guarantee that every command, record, calculation, notification, analytics result, or automated action will always be accurate, complete, timely, or available.
You should independently verify important information and maintain appropriate records or backups where necessary.
These disclaimers do not exclude consumer guarantees or other rights that cannot legally be excluded under Australian law or applicable foreign law.
13. Limitation of Liability
To the maximum extent permitted by applicable law, we are not liable for indirect or consequential loss arising from the use of, or inability to use, the Service, where such liability may lawfully be limited.
This may include loss of data, interruption to community operations, loss of anticipated profits, or reliance on information generated by the Service.
Nothing in these Terms excludes, restricts, or modifies any guarantee, right, remedy, or liability that cannot lawfully be excluded, restricted, or modified under applicable law, including the Australian Consumer Law.
Where the law permits liability to be limited, any limitation will apply only to the extent legally permitted in the circumstances.
14. Responsibility for Breaches
To the extent permitted by law, you are responsible for losses and reasonable costs arising from your unlawful use of the Service or your material breach of these Terms.
This section does not require you to indemnify us for loss caused by our own unlawful conduct or impose liability that cannot lawfully be imposed.
15. Changes to These Terms
We may update these Terms to reflect changes to ERM CE, its features, our operating arrangements, or applicable law.
The latest version will be published on our website, and the Last Updated date will be amended when material changes are made.
Where required by law, we will provide notice or obtain consent before changes take effect.
Your continued use of the Service after revised Terms take effect may constitute acceptance where permitted by law. If you do not agree to the revised Terms, you must discontinue use of the Service.
16. Governing Law and International Users
These Terms are governed by the laws of Victoria, Australia, and applicable Commonwealth laws of Australia, to the extent applicable.
Subject to applicable law, the parties submit to the jurisdiction of the courts of Victoria, Australia, and any courts entitled to hear appeals from those courts.
ERM CE may be accessed by users located in different countries and jurisdictions. We do not represent that the Service or its website is appropriate or available for use in every location.
Users are responsible for ensuring that their use of the Service complies with laws applicable to them.
Nothing in these Terms is intended to exclude, restrict, or modify mandatory rights, consumer protections, or remedies that apply to a user under the laws of their country or jurisdiction and that cannot lawfully be excluded.
Where mandatory local law provides a user with protections that cannot be waived by agreement, those protections continue to apply notwithstanding the choice of governing law in these Terms.
17. Severability
If a provision of these Terms is found to be unlawful, invalid, or unenforceable, it will be severed or limited to the minimum extent necessary where legally permitted.
The remaining provisions will continue to operate to the extent that they can do so lawfully.
18. Contact
For questions or concerns about these Terms, please contact the ERM CE team through an official contact method published on our website.
By using ERM CE, you acknowledge that you have read and understood these Terms of Service. These Terms do not remove rights or remedies that applicable law does not permit us to exclude.