Terms of Service

3.1 Age Requirements

You must be at least 18 years old (or the age of majority in your jurisdiction) to use our service. By using StreamDon, you represent and warrant that you meet this age requirement.

3.2 Account Creation

To use our service, you must create an account by providing:

• Accurate, current, and complete information
• A valid email address
• A unique username that does not infringe on others' rights
• Secure authentication credentials

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Account Security

You agree to:

• Notify us immediately of any unauthorized access to your account
• Use strong, unique passwords
• Not share your account credentials with others
• Accept responsibility for all actions taken under your account

4.1 Acceptable Use

You agree to use our service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit harmful, offensive, or illegal content
• Impersonate others or provide false information
• Interfere with or disrupt the service or servers
• Attempt to gain unauthorized access to our systems
• Use automated systems to access the service without permission
• Collect or harvest information about other users
• Engage in fraudulent or deceptive practices

4.2 Content Standards

All content you create, upload, or transmit through our service must:

• Comply with all applicable laws
• Not contain hate speech, harassment, or threats
• Not include sexually explicit or adult content
• Not promote illegal activities
• Respect the rights and dignity of others

5.1 Payment Processing

StreamDon acts as the Merchant of Record for all donations. When you make a donation:

• You are making a payment directly to StreamDon
• StreamDon issues receipts and invoices to donors as required
• StreamDon handles all tax compliance and invoicing obligations for donation payments
• Streamers receive payouts from StreamDon, net of platform fees

All payments are processed securely through Stripe. By making a donation, you agree to Stripe's terms of service and policies.

5.2 Platform Fees and Payouts

StreamDon charges platform fees on donations processed through our service. These fees:

• Are calculated as a percentage of each donation
• Are deducted from the gross donation amount
• Are disclosed during the donation checkout process
• May be subject to change with reasonable notice

Streamers receive payouts (net of platform fees) from StreamDon. To receive payouts, streamers must:

• Complete Stripe Connect onboarding
• Provide accurate payment and tax information
• Have an active connected Stripe account

Payouts are processed in batches and transferred to streamers' connected Stripe accounts. Payment processing fees are included in the platform fee calculation.

5.3 Refunds and Chargebacks

Refund Responsibility: As the Merchant of Record, StreamDon handles all refund requests and chargebacks. Donations are generally non-refundable unless:

• There was a technical error in processing
• The donation was made fraudulently
• Required by applicable law

Chargebacks are handled through Stripe's dispute resolution process. If a chargeback occurs, StreamDon reserves the right to adjust streamer payouts accordingly. Streamers are not directly responsible for chargeback fees, but payouts may be adjusted to reflect chargeback losses.

5.4 Tax Obligations

For Donors: StreamDon issues receipts and invoices for all donations as required by law. You will receive an invoice or receipt via email after completing your donation.

For Streamers: You are responsible for:

• Reporting your payout income to tax authorities as required
• Paying any applicable taxes on payouts received from StreamDon
• Maintaining records of payouts for tax purposes

StreamDon handles all tax compliance related to donation payments (including VAT/invoice issuance where required). However, you are responsible for your own tax obligations related to payouts you receive. We do not provide tax advice.

6.1 Our Intellectual Property

The StreamDon platform, including its design, features, logos, and content, is protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of our platform
• Reverse engineer or attempt to extract source code
• Use our trademarks or logos without permission
• Remove or alter copyright notices

6.2 Your Content

You retain ownership of content you create and upload. By using our service, you grant us a license to:

• Store, display, and process your content on our platform
• Use your content to provide and improve our services
• Share your content as necessary with third-party service providers

This license is non-exclusive, worldwide, and royalty-free, and continues for as long as your content is stored on our platform.

6.3 Third-Party Content

You are responsible for ensuring that any content you use (including images, audio, or text) does not infringe on the rights of others. We reserve the right to remove content that violates intellectual property rights.

9.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features. Upon termination:

• Your access to the service will be revoked
• Your content may be deleted (subject to legal retention requirements)
• Outstanding payment obligations remain in effect

9.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• You fail to pay required fees
• We are required to do so by law
• We determine termination is necessary to protect our service or users

9.3 Effect of Termination

Upon termination, all rights granted to you under these Terms will immediately cease. Provisions that by their nature should survive termination will remain in effect.

10.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or technical failures
• Disputes between users and donors
• Third-party actions or content

Our total liability for any claims arising from your use of the service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

10.3 Third-Party Services

We are not responsible for the actions, policies, or services of third-party providers (including Stripe, Pusher, ElevenLabs, and Cloudflare). Your use of third-party services is subject to their respective terms and conditions.

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

12.2 Dispute Resolution Process

Before filing a claim, you agree to:

1. Contact us at privacy@streamdon.com to attempt to resolve the dispute
2. Participate in good faith in any informal dispute resolution process we offer

If informal resolution fails, disputes will be resolved through binding arbitration in accordance with [Arbitration Rules], except where prohibited by law.

12.3 Class Action Waiver

You agree that disputes will be resolved individually and not as part of a class action, collective action, or representative proceeding.

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and StreamDon regarding the service.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.