Terms and Conditions

last updated 22 August 2026

PESSIMIST TERMS AND CONDITIONS

Effective date: 1 September 2026

Version date: 1 September 2026

IMPORTANT NOTICE

These Terms and Conditions are a legally binding agreement between you and Pupi.Co Pty Ltd. They govern your access to and use of the Pessimist Services, including free and paid services.

Some Pessimist Services generate comedic, satirical, insulting, fictional, moderated or artificial-intelligence-assisted content. That content may be inaccurate, unexpected, objectionable or unsuitable for some users. Please read these Terms carefully before using a Service.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or other protection that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.

1. PARTIES AND ACCEPTANCE

1.1 These Terms are between:

(a) Pupi.Co Pty Ltd, an Australian proprietary company (“Pupi.Co”, “Pessimist”, “we”, “us” or “our”); and

(b) each person or organisation that accesses, installs, authorises, purchases, subscribes to, administers or uses a Service (“you” or “your”).

1.2 You accept these Terms when you:

(a) click or select a button indicating acceptance;

(b) purchase or subscribe to a Paid Service;

(d) submit a command, question, answer or other content to a Service;

(e) access pessimist.io, qotd.pessimist.io or another Pessimist website; or

(f) otherwise access or use a Service after being given a reasonable opportunity to review these Terms.

1.3 If you do not agree to these Terms, you must not use the Services and must remove any Pessimist bot that you control from your Discord servers.

1.4 If you use a Service for a company, server owner, community, organisation or other entity, you represent that you have authority to bind that entity. In that case, “you” includes both you personally and that entity.

1.5 If you administer a Discord server, you are responsible for making server members reasonably aware that a Pessimist Service is operating in the server and for configuring and using it consistently with these Terms and Discord’s rules.

2. DEFINITIONS

2.1 “Account” means any Discord account, Pessimist account, billing profile, server entitlement or other account used to access a Service.

2.2 “Applicable Discord Terms” means all Discord rules applying to you or the relevant Service, as amended by Discord from time to time, including Discord’s Terms of Service, Community Guidelines, Paid Services Terms, Developer Terms of Service, Developer Policy, Monetization Terms and Monetization Policy.

2.3 “Australian Consumer Law” or “ACL” means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied as a law of the Commonwealth, States and Territories of Australia.

2.4 “Bella” means the paid Discord bot with Discord user ID 1160505209244626984, described as a sister character to Emma.

2.5 “Emma” means the Discord bot with Discord user ID 880242090389413938, including its comedic and satirical roast functionality.

2.6 “Pessimist Network” means all websites, Discord bots, Discord servers, accounts, subscriptions, applications, interfaces and other products or services owned, operated or controlled by Pupi.Co under or in connection with the Pessimist name.

2.7 “Pessimist Plus” means a recurring paid subscription that may provide access to premium functionality in available Pessimist bots, premium versions of bots, paid-only bots such as Bella, or other online Pessimist features.

2.8 “Pessimist Plus Bot” means the Discord bot with Discord user ID 1336601630216425472.

2.9 “Pessimist QOTD” means the question-of-the-day Discord bot with Discord user ID 1375064321935151114 and its related services, including qotd.pessimist.io.

2.10 “Paid Service” means Pessimist Plus, Bella or any other Service, feature, subscription or entitlement for which a fee is charged.

2.11 “Service” or “Services” means:

(a) Emma;

(b) Bella;

(d) Pessimist Plus and the Pessimist Plus Bot;

(e) pessimist.io and qotd.pessimist.io;

(f) associated dashboards, portals, servers, commands, subscriptions, content and functionality; and

(g) any future bot, website, application or online service launched under the Pessimist name and operated by Pupi.Co, unless separate terms expressly state that they replace these Terms for that service.

2.12 “User Content” means any command, prompt, question, answer, message, image, configuration, feedback or other material that you or another user submits, transmits or makes available through a Service.

3. ADDITIONAL TERMS AND ORDER OF PRECEDENCE

3.1 A Service, offer or transaction may be subject to additional terms displayed at the point of installation, purchase or use.

3.2 If additional Pessimist terms conflict with these Terms, the more specific terms apply to the relevant Service or transaction to the extent of the conflict.

3.3 If a payment is processed by Discord, an app store, PayPal, Stripe or another payment provider, that provider’s terms also apply to its payment, cancellation and dispute processes.

3.4 These Terms are solely between you and Pupi.Co. Discord is not a party to these Terms and does not sponsor, endorse or assume responsibility for the Pessimist Services.

3.5 These Terms do not replace or modify the Applicable Discord Terms. If these Terms conflict with an Applicable Discord Term, the Applicable Discord Term prevails in relation to the use of Discord or its platform.

4. ELIGIBILITY AND MINORS

4.1 You must be at least 13 years old and meet any higher minimum age required by:

(a) the laws applying where you live;

(b) Discord; and

4.2 You must not use a Service if Discord does not permit you to hold or use a Discord account.

4.3 If you are under 18 years old, you must have the permission and supervision of a parent or legal guardian where required by law.

4.4 You must be at least 18 years old to purchase a Paid Service unless the purchase is made or expressly authorised by your parent or legal guardian using a payment method they are authorised to use.

4.5 A parent or legal guardian who authorises a minor’s use or purchase agrees to supervise that use and is responsible for it to the extent permitted by law.

5. LICENCE TO USE THE SERVICES

5.1 Subject to these Terms, Pupi.Co grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Services for their intended purposes.

5.2 This licence does not transfer ownership of a Service, its software, any bot, any paid entitlement or any intellectual property to you.

5.3 You must not sell, rent, sublicense, transfer, share or commercially exploit access to a Service except with our prior written permission.

5.4 Paid entitlements are linked to the Account, user or Discord server identified at purchase and are not transferable unless we or the relevant payment platform expressly permit a transfer.

6. DISCORD REQUIREMENTS

6.1 When using a Service through Discord, you must comply with all Applicable Discord Terms.

6.2 Without limiting clause 6.1, you must not use a Service to:

(a) violate Discord’s Terms of Service or Community Guidelines;

(b) bypass Discord safety, privacy, security, age-restriction, blocking or permission features;

(d) send spam or unsolicited messages;

(e) artificially inflate server membership, engagement or activity;

(f) scrape, mine, harvest, profile or commercially exploit Discord data;

(g) collect credentials, authentication tokens or personal information without authorisation;

(h) distribute adult content to minors or outside properly age-restricted spaces; or

(i) enable, promote, organise or participate in harassment, dangerous conduct or illegal activity.

6.3 You must respect a person’s decision to block, opt out of or stop interacting with a Service.

6.4 A server owner or administrator must have the necessary Discord permissions and authority before installing or configuring a Service or enabling it to act in a server or channel.

7. ACCEPTABLE USE

7.1 You must use the Services lawfully, honestly, safely and in good faith.

7.2 You must not use or attempt to use a Service:

(a) for any unlawful, fraudulent, deceptive or unauthorised purpose;

(b) to facilitate physical harm, financial scams, illegal gambling or other dangerous conduct;

(c) to create, request, distribute or promote child sexual abuse material, non-consensual intimate material or any other illegal content;

(d) to threaten, stalk, bully, defame, discriminate against, exploit or harass another person;

(e) to infringe another person’s copyright, trade mark, privacy, publicity, confidentiality or other rights;

(f) to impersonate another person, organisation, bot, Pupi.Co representative or Discord representative;

(g) to send spam, advertisements, malware, mass mentions or unsolicited communications;

(h) to evade moderation, safety filters, rate limits, restrictions, bans or other protective controls;

(i) to manipulate rankings, engagement statistics, votes, questions, answers, subscriptions or entitlements;

(j) to collect, harvest or disclose information about another person without a lawful basis and necessary permission;

(k) in a way that creates an unreasonable load on a Service or interferes with other users;

(l) in connection with stolen accounts, stolen payment instruments or proceeds of crime; or

(m) in any way that could expose Pupi.Co, Discord, another provider or another person to legal, operational or security risk.

7.3 You must not encourage, instruct, assist or enable another person to engage in prohibited conduct.

7.4 You must comply with reasonable instructions we give to protect users, the Pessimist Network, Discord or a third party.

8. EMMA, BELLA AND ROAST CONTENT

8.1 Emma and Bella may generate comedic, satirical, fictional, character-based, insulting or “roast” content for entertainment.

8.2 Roast content is not a factual assessment of any person. It must not be treated as professional advice, a diagnosis, a statement of fact or an endorsement by Pupi.Co.

8.3 You must not use Emma, Bella or another character-based Service:

(a) to target someone who has not reasonably consented to the interaction;

(b) to continue targeting someone after they ask you to stop;

(d) to humiliate, threaten or intimidate a vulnerable person;

(e) to make or spread serious allegations as though they were true;

(f) to discriminate on the basis of a protected characteristic; or

(g) in any context where a reasonable person would consider the use unsafe, malicious or seriously harmful.

8.4 Server owners and administrators are responsible for deciding whether roast functionality is suitable for their community, selecting appropriate channels and permissions, responding to complaints, and disabling or removing the Service when appropriate.

8.5 Automated and artificial-intelligence-generated outputs can be unexpected, inaccurate or objectionable. You must review outputs before copying, republishing or relying on them outside their original context.

8.6 We may filter, refuse, modify or remove prompts and outputs and restrict users or servers to protect people, comply with law or meet Discord’s requirements.

9. PESSIMIST QOTD

9.1 Pessimist QOTD may:

(a) accept question submissions through direct messages or other interfaces;

(b) moderate questions and answers using automated or human systems;

(d) record answers, participation and engagement statistics;

(e) send permitted notifications related to its functionality;

(f) provide profiles, rankings or leaderboards; and

(g) provide a web portal for preferences, configuration or statistics.

9.2 Questions submitted to Pessimist QOTD must be appropriate for the audience and server in which they may appear.

9.3 You must not submit:

(a) hateful, discriminatory, threatening or harassing material;

(b) unlawful, sexually exploitative or seriously harmful material;

(d) malicious links, malware or deceptive content;

(e) personal or sensitive information about another person without permission;

(f) unauthorised user, role, @everyone or @here mentions; or

(g) content intended to bypass or manipulate moderation.

9.4 Moderation may involve automated systems and may produce false positives or false negatives. We do not promise that every inappropriate submission will be detected or that every appropriate submission will be accepted.

9.5 When the available question pool is low, Pessimist QOTD may generate or adapt questions automatically.

10. USER CONTENT

10.1 As between you and Pupi.Co, you retain any ownership rights you have in your User Content.

10.2 You represent that:

(a) you have all rights and permissions required to submit the User Content and grant the licence in clause 10.3;

(b) the User Content and our permitted use of it will not violate law, these Terms, Discord’s rules or another person’s rights; and

10.3 You grant Pupi.Co a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, adapt, format, transmit, display, publish and distribute your User Content only as reasonably necessary to:

(a) operate and provide the Services;

(b) display questions, answers, profiles, statistics and leaderboards;

(d) protect users and the security of the Pessimist Network;

(e) comply with law and valid legal requests; and

(f) investigate and resolve complaints.

10.4 The licence in clause 10.3 continues for as long as the User Content remains in the Service and for a reasonable backup, legal-compliance or dispute-resolution period. Content already shared with other users may remain visible in Discord or other systems outside our control.

10.5 You are responsible for retaining your own copies of User Content. The Services are not backup or archival services.

10.6 We may remove, restrict, preserve or disclose User Content where reasonably necessary to enforce these Terms, protect a person, investigate abuse, comply with Discord requirements or comply with law.

11. OUR INTELLECTUAL PROPERTY

11.1 Pupi.Co or its licensors own all rights in the Services, including their software, source code, databases, interfaces, designs, characters, branding, names, logos, documentation and original content.

11.2 Except as permitted by law or with our prior written permission, you must not:

(a) copy, reproduce, modify or create derivative works from a Service;

(b) decompile, disassemble or reverse engineer a Service;

(d) remove ownership, copyright or trade mark notices;

(e) use Pupi.Co branding in a way that suggests sponsorship or endorsement; or

(f) use a Service or its output to develop, train or benchmark a competing model, bot or service.

11.3 If you provide feedback or suggestions, you grant us a perpetual, worldwide, royalty-free right to use them without restriction or compensation. This does not give us ownership of unrelated User Content.

12. ACCOUNTS, CREDENTIALS AND SECURITY

12.1 You are responsible for keeping your Account and all associated passwords, recovery codes, licence keys, tokens and credentials secure.

12.2 You must not:

(a) share, sell, lend or transfer an Account or Service credential;

(b) allow another person to use your personal Account;

(d) obtain or use another person’s credentials without permission.

12.3 We may rely on instructions and actions received through an authenticated Account as having been made or authorised by its holder unless we have received notice that the Account is compromised or applicable law requires otherwise.

12.4 You are responsible for activity caused by your intentional conduct or failure to take reasonable security precautions. Nothing in this clause makes you responsible for unauthorised activity that was not caused or contributed to by you, or removes rights concerning unauthorised payments that cannot lawfully be excluded.

12.5 You must notify us promptly at pessimist@emmasdome.co if you reasonably suspect that an Account, entitlement or credential has been compromised.

12.6 We may temporarily restrict an Account while investigating suspected compromise, fraud or unauthorised access.

13. SECURITY AND VULNERABILITY REPORTING

13.1 You must not:

(a) hack, probe, scan, penetrate or test the vulnerability of pessimist.io, a Pessimist bot or any other part of the Pessimist Network without our express prior written authorisation;

(b) bypass authentication, permissions, rate limits or security controls;

(d) introduce malware or harmful code;

(e) intercept or manipulate traffic or data;

(f) perform denial-of-service activity;

(g) exploit a vulnerability for personal, financial, competitive or reputational benefit;

(h) retain, copy, disclose or alter data obtained through a vulnerability; or

(i) demand payment, threaten disclosure or use coercion in connection with a suspected vulnerability.

13.2 If you discover a suspected vulnerability, you should act in good faith, stop any activity that could cause harm, avoid accessing user data, and report the issue privately to pessimist@emmasdome.co with sufficient detail for us to investigate.

13.3 Reporting a vulnerability does not authorise further testing and does not create an entitlement to payment or a reward.

13.4 You must give us a reasonable opportunity to investigate and address a reported vulnerability before any public disclosure, unless law requires otherwise.

14. PESSIMIST PLUS AND OTHER PAID SERVICES

14.1 Pessimist Plus is a recurring subscription providing access only to premium functionality and Services that are available and online from time to time.

14.2 Bella is a paid-only Service unless we expressly offer a trial, promotion or other form of access.

14.3 The specific price, billing interval, included features and scope of an entitlement will be displayed at or before checkout.

14.4 Unless the checkout states otherwise:

(a) prices are expressed in United States dollars;

(b) applicable taxes and payment-provider charges may be added or collected as required by law; and

14.5 By purchasing a recurring subscription, you request immediate access and authorise the applicable payment provider to charge the displayed subscription fee and applicable taxes on each renewal date until cancellation.

14.6 Pessimist Plus is not a promise that every Pessimist bot, feature or integration will always be available. We may add, improve, replace, limit, suspend or remove features to develop the Services, respond to demand, maintain security, comply with law or Discord’s requirements, or address operational constraints.

14.7 Experimental, beta, preview or trial features may be changed or removed at any time and should not be relied upon as the principal reason for purchasing a subscription.

14.8 If we make a change that materially reduces the overall value of a Paid Service during a prepaid period, we will, where reasonably practicable:

(a) give reasonable notice;

(b) provide a reasonable replacement or alternative; or

(c) permit cancellation and provide any refund, credit or other remedy required by the Australian Consumer Law or another applicable law.

14.9 Nothing in this section permits us to supply a Paid Service materially different from its description without providing any remedy required by law.

15. CANCELLATION, RENEWAL AND PRICE CHANGES

15.1 A recurring subscription renews automatically until cancelled.

15.2 You may cancel through the billing-management facility identified at checkout, which may include:

(a) the “manage billing” page at pessimist.io;

(b) Discord’s subscription settings; or

15.3 Cancellation ordinarily takes effect at the end of the current paid billing period. You will retain access until then unless:

(a) the checkout terms state otherwise;

(b) we provide a refund or credit;

(d) applicable law requires another outcome.

15.4 Cancelling prevents future renewals but does not ordinarily produce a refund for a period already supplied merely because you changed your mind. This does not limit any right to a refund, cancellation or compensation under the ACL or another applicable law.

15.5 If a subscription is purchased through a third-party platform, you must complete cancellation through that platform where its rules require this. Removing a bot from a server, leaving a Discord server, deleting an Account or ceasing to use a Service may not automatically cancel a subscription.

15.6 We may change a subscription price for a future billing period. We will give reasonable advance notice where required by law. The new price will not apply before the start of the billing period identified in that notice.

15.7 You may reject a future price increase by cancelling before it takes effect.

16. PAYMENTS, AUTHORISATION AND FAILED PAYMENTS

16.1 You must provide accurate billing information and use only a payment method that:

(a) belongs to you; or

(b) you have the cardholder’s or account holder’s express permission to use.

16.2 You must not use a stolen, compromised, fraudulently obtained or otherwise unauthorised card, account or payment method.

16.3 By submitting a payment method, you represent that you are authorised to use it and authorise the applicable charges disclosed at checkout.

16.4 Payment processing may be performed by Discord or another payment provider. We may not receive or store your complete card details.

16.5 If a valid payment fails, the payment provider may retry the payment to the extent covered by your payment authorisation and its terms.

16.6 We may suspend or downgrade paid access after a failed, reversed or overdue payment.

16.7 Amounts properly charged for Services already supplied remain payable despite a later payment failure or reversal, except to the extent that:

(a) you are entitled to withhold or recover the amount under law;

(b) the charge was unauthorised;

(d) the Service was not supplied as required by law or the applicable transaction terms.

16.8 We will not charge for a future subscription period after an effective cancellation, except where a transaction had already been validly initiated before cancellation or applicable platform terms provide otherwise.

17. CHARGEBACKS AND PAYMENT DISPUTES

17.1 Nothing in these Terms prevents you from:

(a) disputing an unauthorised or incorrect transaction;

(b) exercising a valid chargeback right;

(d) contacting a regulator, court, tribunal, financial institution or payment provider; or

(e) exercising another right that cannot lawfully be excluded.

17.2 You must not knowingly or recklessly:

(a) make a false claim that an authorised payment was unauthorised;

(b) claim that a Service was not supplied when it was supplied as agreed;

(d) submit forged, manipulated or materially incomplete evidence; or

(e) assist another person to make a fraudulent or bad-faith payment dispute.

17.3 A chargeback or payment reversal does not, by itself, finally determine whether a contractual debt exists between you and Pupi.Co.

17.4 If a chargeback is rejected, withdrawn, reversed or otherwise determined to have been fraudulent, knowingly false or made in bad faith:

(a) the underlying amount properly payable for Services supplied remains due;

(b) you must repay any amount improperly recovered through the chargeback; and

(c) you must reimburse our reasonable, documented, direct chargeback fees and recovery costs to the extent permitted by law.

17.5 We will not impose punitive charges or seek payment for amounts that you do not legally owe.

17.6 We may suspend Paid Services or other access while a payment dispute is investigated where reasonably necessary to prevent fraud or further loss.

17.7 A fraudulent or bad-faith chargeback is a serious breach and may result in exclusion from the entire Pessimist Network.

17.8 We may provide transaction records, acceptance records, usage records and relevant communications to payment providers, financial institutions, law-enforcement bodies or courts when reasonably necessary to contest suspected fraud, establish a debt or comply with law.

18. REFUNDS AND AUSTRALIAN CONSUMER LAW

18.1 Our Services come with guarantees that cannot be excluded under the Australian Consumer Law.

18.2 For Services supplied to a consumer, the ACL may provide rights where a Service is not supplied with due care and skill, is not fit for an agreed purpose, or is not supplied within a reasonable time where no time was fixed.

18.3 For a major failure, a consumer may be entitled to cancel the affected service contract and obtain a refund for the unused portion or compensation for reduced value. A consumer may also be entitled to compensation for other reasonably foreseeable loss or damage.

18.4 For a non-major failure, we may be entitled to a reasonable opportunity to remedy the failure. If it is not remedied within a reasonable time, further statutory remedies may apply.

18.5 Except as required by law or expressly stated at checkout, we do not provide refunds or credits for:

(a) change of mind;

(b) failure to cancel before a renewal date;

(d) removal of an experimental or beta feature;

(e) loss of access caused by your breach of these Terms or Discord’s rules; or

(f) your inability to access Discord or your Account for reasons not caused by us.

18.6 Clauses 18.1 to 18.4 prevail over any inconsistent exclusion, disclaimer or limitation in these Terms.

19. PRIVACY AND DATA

19.1 Our collection, use, storage and disclosure of personal information and Discord API data are governed by the Pessimist Privacy Policy made available with the Services.

19.2 You must review the Privacy Policy before using a Service.

19.3 Depending on the Service and its configuration, we may process information such as Discord user and server identifiers, commands, questions, answers, server configuration, entitlement information, moderation records, usage events and support communications.

19.4 You must not submit passwords, Discord login tokens, complete card details, protected health information or other unnecessary sensitive information through a Service.

19.5 Server owners and administrators must not configure or use a Service to collect information unlawfully.

19.6 Requests concerning access to or deletion of personal information should be made using the contact method in the Privacy Policy.

20. THIRD-PARTY SERVICES AND DISCORD DEPENDENCY

20.1 The Services depend on third-party systems, including Discord, hosting providers, domain providers, payment processors, artificial-intelligence providers and internet infrastructure.

20.2 Discord independently controls its platform, API, accounts, permissions, rules and availability. Pupi.Co does not control Discord and is not responsible for Discord’s acts or omissions.

20.3 Discord or another provider may change, restrict, suspend or discontinue functionality on which a Service depends. This may require us to change, suspend or discontinue an affected feature or Service.

20.4 We do not guarantee that Discord, any integration, linked website or third-party service will remain available or compatible.

20.5 Third-party terms may govern your relationship with the relevant provider. We are not responsible for a third party’s content, security or conduct except to the extent liability cannot lawfully be excluded.

21. AVAILABILITY, MAINTENANCE AND CHANGES

21.1 The Services are provided on an “as available” basis, subject to the non-excludable rights described in clause 18.

21.2 We do not guarantee:

(a) continuous or 24-hour availability;

(b) any particular uptime percentage;

(d) that every bug or security issue will be corrected immediately;

(e) permanent retention of data or content; or

(f) continued availability of a particular bot, command, model, feature or integration.

21.3 Services may be unavailable because of maintenance, updates, capacity limits, abuse prevention, security incidents, Discord outages, infrastructure failures or events beyond our reasonable control.

21.4 We may perform scheduled or emergency maintenance without notice where advance notice is impracticable.

21.5 Free Services and features may be changed, limited or discontinued at any time. Changes to Paid Services remain subject to clauses 14 and 18.

22. FORCE MAJEURE

22.1 To the extent permitted by law, neither party is liable for delay or failure to perform an obligation, other than an accrued payment obligation, to the extent caused by an event beyond that party’s reasonable control.

22.2 Such events may include:

(a) natural disasters, flood, fire, storm, earthquake, epidemic or other “act of God”;

(b) war, terrorism, civil unrest or governmental action;

(d) Discord downtime, API failure, restriction or policy change;

(e) widespread cyberattack or malicious interference not caused by a failure to take reasonable security precautions;

(f) labour disruption; and

(g) compliance with an urgent legal, safety or regulatory requirement.

22.3 The affected party must take reasonable steps to reduce the effects of the event and resume performance when reasonably practicable.

22.4 This clause does not exclude a remedy that cannot lawfully be excluded.

23. SUSPENSION, TERMINATION AND NETWORK-WIDE BANS

23.1 You may stop using a free Service at any time.

23.2 We may warn, restrict, suspend, remove content from, terminate or ban an Account, user or server from part or all of the Pessimist Network where reasonably necessary to protect our legitimate legal, security, operational, financial or community interests.

23.3 Reasons may include:

(a) an actual or suspected breach of these Terms;

(b) a breach of Discord’s rules or applicable law;

(d) use of a stolen or unauthorised payment method;

(e) non-payment of amounts properly due;

(f) harassment, fraud, abuse or dangerous conduct;

(g) an attempt to hack, exploit, disrupt or damage a Service;

(h) bad-faith exploitation or disclosure of a vulnerability;

(i) conduct creating a material risk to users, Pupi.Co, Discord or a third party;

(j) repeated attempts to evade a previous restriction or ban;

(k) a request or requirement from Discord, a payment provider, regulator or law-enforcement body; or

(l) discontinuation of a Service or a legitimate change in our operations.

23.4 We may apply a restriction across the entire Pessimist Network, including pessimist.io and all current and future Pessimist bots, where the conduct demonstrates a network-wide risk or serious breach.

23.5 Urgent suspension may occur without advance notice where reasonably necessary to prevent harm, fraud, security compromise, evidence destruction or legal exposure.

23.6 Where practicable and appropriate, we may provide notice or a reason. We may withhold information where disclosure could compromise security, another person’s privacy, an investigation or a legal obligation.

23.7 If we end a prepaid Paid Service for our convenience and not because of your breach, we will provide a pro-rata refund or other remedy where required by law.

23.8 If access is terminated because of your breach, no change-of-mind refund is payable, but this does not remove any non-excludable statutory right.

23.9 Termination does not cancel or forgive:

(a) amounts that had properly accrued before termination;

(b) liability arising from earlier conduct; or

(c) provisions that are intended by their nature to survive, including provisions concerning intellectual property, payment disputes, liability, indemnity and dispute resolution.

24. REPORTS, SUPPORT AND COMPLAINTS

24.1 You may report abuse, safety issues, Service problems or suspected violations at pessimist@emmasdome.co.

24.2 When making a report, you should provide relevant user, server or transaction identifiers, an explanation of the issue and supporting material that you are lawfully permitted to provide.

24.3 We may review reports using automated or human processes and take action that we reasonably consider appropriate.

24.4 We do not guarantee a particular outcome or response time, but we will use reasonable efforts to review credible safety, security and payment reports.

25. WARRANTIES AND DISCLAIMERS

25.1 Nothing in this section excludes the ACL or another right or remedy that cannot lawfully be excluded.

25.2 Except for express promises in these Terms and non-excludable statutory guarantees, we do not warrant that:

(a) a Service will meet every personal or business requirement;

(b) generated content will be accurate, appropriate or free from objectionable material;

(d) User Content will always be retained;

(e) the Services will be compatible with every server, device or integration; or

(f) use of a Service will produce any particular result.

25.3 Outputs are provided for entertainment and general-information purposes. They are not legal, medical, financial, mental-health or other professional advice.

25.4 You are responsible for assessing whether an output is suitable before relying on, publishing or acting on it.

26. LIMITATION OF LIABILITY

26.1 Nothing in these Terms excludes, restricts or modifies liability where doing so would be unlawful, including liability under the ACL that cannot be excluded.

26.2 Subject to clause 26.1 and to the maximum extent permitted by law, Pupi.Co is not liable for:

(a) indirect, incidental, special or consequential loss;

(b) loss of profit, revenue, opportunity, goodwill or anticipated savings;

(d) loss caused by User Content or another user’s conduct;

(e) loss caused by Discord or another third-party service;

(f) loss caused by your unlawful use, misuse, unauthorised configuration or breach of these Terms; or

(g) loss that was not reasonably foreseeable when you accepted these Terms.

26.3 Where the ACL permits liability for a statutory guarantee relating to services not ordinarily acquired for personal, domestic or household use to be limited, our liability is limited, at our option, to:

(a) supplying the relevant services again; or

(b) paying the reasonable cost of having the relevant services supplied again,

provided that this limitation is fair and reasonable and otherwise lawful.

26.4 For claims not covered by clause 26.1 and not subject to clause 26.3, our aggregate liability arising from the affected Paid Service is limited to the greater of:

(a) the amount you paid us for that Paid Service during the six months immediately preceding the event giving rise to the claim; and

(b) AUD $100.

26.5 The limitations in this section apply only to the extent they are fair, reasonable and enforceable in the circumstances.

27. INDEMNITY

27.1 To the extent permitted by law, you indemnify Pupi.Co and its officers, employees and contractors against direct losses, liabilities, penalties and reasonable legal costs arising from a third-party claim to the extent caused by:

(a) your unlawful conduct;

(b) your material breach of these Terms;

(d) your fraudulent payment conduct; or

(e) your unauthorised or malicious interference with a Service.

27.2 Your liability under this indemnity is reduced to the extent that our negligence, breach or unlawful conduct contributed to the loss.

27.3 We must take reasonable steps to mitigate an indemnified loss and notify you within a reasonable time after becoming aware of a claim, unless doing so would prejudice a legal or regulatory process.

28. GOOD-FAITH DISPUTE RESOLUTION

28.1 Before commencing third-party dispute proceedings, the parties should make a genuine, good-faith attempt to resolve the issue directly.

28.2 You should first contact pessimist@emmasdome.co with:

(a) your contact details and relevant Account information;

(b) a description of the issue;

(d) the outcome you seek.

28.3 Where practicable, please allow us a reasonable opportunity to respond and investigate. For ordinary payment matters, a period of up to 14 days will usually be reasonable, although urgent matters may require faster action.

28.4 This section does not:

(a) prevent a valid chargeback or unauthorised-transaction report;

(b) require you to miss any applicable limitation or card-scheme deadline;

(d) prevent a report to Discord, a regulator or law-enforcement body; or

(e) restrict a right or remedy that cannot lawfully be restricted.

29. GOVERNING LAW AND JURISDICTION

29.1 These Terms are governed by the laws of New South Wales, Australia, and the applicable laws of the Commonwealth of Australia.

29.2 Subject to any mandatory right to bring a claim elsewhere, the courts and tribunals of New South Wales have non-exclusive jurisdiction over disputes arising out of these Terms or the Services.

29.3 Nothing in this section prevents an Australian consumer from relying on mandatory protections available in the State or Territory in which they reside.

30. NOTICES

30.1 Ordinary support requests, vulnerability reports and complaints may be sent to pessimist@emmasdome.co.

30.2 We may send operational or contractual notices to the email address, Discord account, Pessimist account or interface associated with your use of the Services.

30.3 To the extent permitted by law, a formal notice to Pupi.Co under these Terms must be sent by prepaid registered mail or reputable tracked courier to the following address exactly as written:

Pupi.Co Pty Ltd

Suite 44173, 3/2237 Gold Coast HWY

Mermaid Beach

Queensland

4218

Australia

30.4 The sender is responsible for correctly reproducing the complete address, including “Suite 44173”, paying the required postage or courier charge and retaining proof of dispatch and delivery.

30.5 A notice sent to an incomplete or incorrect address is not effective under these Terms unless we actually receive and acknowledge it in writing.

30.6 Clauses 30.3 to 30.5 govern contractual notices under these Terms. They do not override any mandatory law governing the service of court documents, statutory notices or regulatory documents.

31. CHANGES TO THESE TERMS

31.1 We may update these Terms to reflect:

(a) changes to the Services;

(b) legal, regulatory or Discord requirements;

(d) new Services or business practices; or

(e) improvements in clarity.

31.2 We will update the version date and make the revised Terms available through the Services.

31.3 Where a change is material and not urgent, we will use reasonable efforts to give advance notice.

31.4 A change required urgently for security, safety, fraud prevention or legal compliance may take effect immediately.

31.5 A materially detrimental change will not be applied retrospectively to deprive you of an accrued right.

31.6 For an active Paid Service, a materially detrimental change will ordinarily take effect from the next renewal unless earlier application is reasonably necessary for security, law or Discord compliance. Any applicable cancellation or refund rights remain available.

31.7 Continuing to use a Service after revised Terms take effect constitutes acceptance where permitted by law. If you do not accept a revision, you must stop using the Services and cancel any subscription before its next renewal.

32. GENERAL TERMS

32.1 Entire agreement. These Terms, applicable additional Pessimist terms and the information shown at checkout constitute the agreement between you and Pupi.Co concerning the Services.

32.2 No waiver. A failure or delay in enforcing a right is not a waiver of that right.

32.3 Severability. If a provision is invalid, unlawful or unenforceable, it is to be read down to the minimum extent necessary. If it cannot be read down, it is severed and the remaining provisions continue.

32.4 Assignment. You must not assign or transfer your rights or obligations without our written consent. We may assign these Terms as part of a genuine sale, restructure or transfer of the relevant business, provided that the assignment does not materially reduce your rights.

32.5 No partnership. These Terms do not create an employment, agency, partnership, fiduciary or joint-venture relationship.

32.6 Third-party rights. Except where these Terms expressly state otherwise, a person who is not a party has no right to enforce them.

32.7 Interpretation. “Including” means “including without limitation”. Headings are for convenience only. The singular includes the plural and vice versa. A reference to a law includes amendments and replacements.

32.8 Dates and time. Unless stated otherwise, dates use the day-month-year format and times are based on Sydney, New South Wales time.

32.9 Currency. Unless stated otherwise at checkout, “$” and “USD” mean United States dollars, while “AUD” means Australian dollars.

33. CONTACT

Support, complaints, abuse reports and vulnerability reports:

pessimist@emmasdome.co