Effective date: February 22nd, 2023

Agreement to Terms

These Terms of Service ("Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "user"), and ChatMate ("we," "us" or "our"), concerning your access to and use of the https://www.mychatmate.io website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

Description of Service

ChatMate is a software tool that allows Twitch streamers to enhance their channel by adding additional features such as customizable events, counters, raffles, AI interaction, and more. By using ChatMate, you agree to be bound by these Terms of Service and our Privacy Policy. You also agree that ChatMate may modify the Terms of Service or the Privacy Policy at any time without notice, and that your continued use of the service after such modifications constitutes your agreement to the new or revised terms. If you do not agree to any of the terms or conditions outlined in the Terms of Service or Privacy Policy, you must immediately discontinue use of the service.

User Eligibility

By using ChatMate, you represent and warrant that you are at least 13 years of age and that you possess the legal right and ability to enter into this agreement and to use ChatMate in accordance with these Terms. If you are using ChatMate on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms on such entity’s behalf.

Account Registration and Security

In order to use ChatMate, you must create an account using your Twitch account. We do not request or store any passwords.

When you sign in with your Twitch account, you will be redirected to Twitch's authorization page. You will be prompted to log in to your Twitch account if you have not already done so. Once you are logged in, you will be asked to authorize ChatMate to access certain information associated with your Twitch account. This information will include your Twitch username and your chat message content.

You are solely responsible for safeguarding the confidentiality of your Twitch account information. You agree not to share your Twitch account information with anyone and to notify us immediately if you suspect unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.

Use of Service

ChatMate is intended to be used in accordance with Twitch's terms of service and the community guidelines established by Twitch. Users may not use the service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Users must not use the service in any way that could damage, disable, overburden, or impair any ChatMate server, or the network(s) connected to any ChatMate server, or interfere with any other user's use and enjoyment of the service.

Users may not attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to any ChatMate server or to any of the service, through hacking, password mining or any other means.

Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the service.

ChatMate reserves the right to suspend or terminate a user's access to the service at any time and without notice, and to pursue any and all remedies available to it under the law for any violation of these terms or any other applicable agreement between the user and ChatMate.

Payment and Refund Policy

ChatMate offers a paid subscription that provides additional features and functionality. Payments are handled through the third-party payment processor, Stripe. By subscribing to the paid service, you agree to pay ChatMate the subscription fee indicated in the subscription plan selected by you, as well as any applicable taxes.

Please note that ChatMate is not responsible for any fees or charges that may be incurred as a result of overdrawing your account or exceeding your credit limit while using the service. It is your responsibility to ensure that you have sufficient funds or credit available to cover any charges associated with your use of ChatMate.

If you choose to cancel your subscription, you may do so at any time. However, please note that ChatMate does not offer refunds for any unused portion of a subscription. If you have any questions or concerns about payment for premium features or products, please contact us at support@mychatmate.io.

User-Generated Content

ChatMate allows you to submit, upload, publish, or otherwise make available (collectively, "post") content, including but not limited to chatbot commands, custom text context to be displayed via overlay, audio files to be played during the stream, and other materials (collectively, "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to ChatMate.

You retain all of your ownership rights in your User Content, but you are required to grant limited license rights to ChatMate and its affiliates. These are described in the Contribution License section.

You understand and agree that ChatMate may, in its sole discretion, review and delete any User Content that violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or any other person. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or provide to ChatMate.

When you submit User Content to ChatMate, you grant ChatMate and its affiliates a worldwide, non-exclusive, transferable, royalty-free, fully paid right to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and ChatMate’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

ChatMate will not be responsible or liable for any use of User Content by ChatMate in accordance with these Terms. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”) provided by you to ChatMate are non-confidential and ChatMate will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Intellectual Property Rights

The Service and its original content (excluding User-generated content), features, and functionality are and will remain the exclusive property of ChatMate and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ChatMate.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. The following activities are prohibited:

• Criminal or Unlawful Activity. Any activity that violates any applicable federal, state, local, or international law or regulation, including any laws regarding the export of data or software to and from the United States or other countries.
• Infringing Content. Any content that infringes or violates the intellectual property rights or other proprietary rights of others, including but not limited to, copyrights, trademarks, service marks, trade secrets, or patents.
• Harmful Content. Any content that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
• Hacking, Cracking, or Phishing. Any attempt to gain unauthorized access to the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service. This includes any attempt to probe, scan, or test the vulnerability of the Service or any associated system or network.
• Spamming or Phishing. Any unsolicited or unauthorized advertising, promotional materials, or other forms of solicitation, including but not limited to spam, junk mail, and phishing scams.
• Data Mining or Scraping. Any automated use of the Service or its systems, including but not limited to, data mining, scraping, harvesting, or otherwise collecting data or other content from the Service without our prior written consent.
• Impersonation. Any attempt to impersonate any person or entity, including but not limited to, any ChatMate employee, agent, or representative, or any other user of the Service.
• Reverse Engineering or Decompiling. Any attempt to reverse engineer or decompile any aspect of the Service, including but not limited to, any software or code used in connection with the Service.
• Interference. Any attempt to interfere with or disrupt the Service, its servers, or any associated system or network, including but not limited to, flooding, overloading, or mail-bombing the Service.
• We reserve the right to terminate your use of the Service for violating any of the prohibited activities listed above or for any other reason at our sole discretion.

Third-Party Websites and Services

The Service may contain links to third-party websites or services that are not owned or controlled by ChatMate. ChatMate has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that ChatMate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

User Data

We take the privacy of your data seriously. By using ChatMate, you acknowledge and agree that we may collect, process, and use information about you and your use of ChatMate, including any personal information you provide or that is automatically collected, to operate and improve the service and to provide customer support.

We do not share, sell, or rent your personal information to third parties for marketing purposes. However, we may share your personal information with third-party service providers that help us provide the service, such as payment processors, email service providers, and hosting providers. We require these service providers to use your personal information only for the purposes of providing services to us and to maintain the confidentiality and security of your personal information.

We may also disclose your personal information if we believe that such disclosure is necessary to comply with applicable law, regulation, legal process, or governmental request, or to protect the rights, property, and safety of ChatMate, its users, and the public.

If you have questions or concerns about how we collect, use, or disclose your personal information, please review our Privacy Policy or contact us at privacy@mychatmate.io. You may also have the right to access, correct, or delete your personal information or to object to or restrict our use of your personal information, subject to applicable law.

Privacy Policy

For information on how we collect, use, and share your personal data, please refer to our Privacy Policy available here.

Termination

We reserve the right to terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site or through the Service. Any fees paid for premium features or products are non-refundable.

We also reserve the right to suspend or terminate your account, with or without cause, and with or without notice, if we believe that you have violated these Terms of Service or any other policies or guidelines posted on the Service, or if you have otherwise engaged in any conduct that we determine, in our sole discretion, to be inappropriate or unacceptable.

In the event of termination or suspension, whether initiated by us or by you, the provisions of these Terms of Service that by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability) shall remain in effect.

If your account is terminated, we reserve the right to delete any data associated with your account, unless otherwise required by law for whatever reason. We will offer a right to appeal for those terminated or suspended. Users have 14 days to appeal, after which we will delay terminated user data removal until after 14 days if no appeal is presented. Users may email privacy@mychatmate.io to request a copy of their data. We will provide user data within 7 days of a valid request.

Modifications to Terms of Service

ChatMate reserves the right to modify or replace any part of these Terms of Service at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. ChatMate may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms of Service.

Limitations of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL CHATMATE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA, EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CHATMATE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, ELECTRONIC, POWER, OR COMMUNICATIONS FAILURE, OR ANY FAILURE OF OUR BUSINESS PARTNERS OR SUBCONTRACTORS.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING CHATMATE.

THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Dispute Resolution and Governing Law

If any controversy, dispute, or claim arises out of or relates to your use of the ChatMate service, both you and ChatMate agree to make a good-faith effort to resolve the dispute through informal negotiation within 30 days from the date that the dispute arises. If the dispute remains unresolved after 30 days, you and ChatMate agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California, unless otherwise agreed to by the parties.

These Terms of Service and your use of the ChatMate service shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in San Francisco, California, for any actions not subject to arbitration.

Electronic Communications, Transactions, and Signatures

Visiting the Service, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

DMCA Notice and Policy

DMCA Notice and Policy: ChatMate respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, ChatMate will respond expeditiously to claims of copyright infringement committed using the ChatMate website or mobile application if such claims are reported to ChatMate's Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the ChatMate website or mobile application by completing the following DMCA Notice of Alleged Infringement and delivering it to ChatMate's Designated Copyright Agent. Upon receipt of the Notice as described below, ChatMate will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the ChatMate website or mobile application.

Designated Copyright Agent:
Sebastian Romanet
7405 Greenback Ln 122
Citrus Heights, CA 95610
United States
Email: copyright@mychatmate.io

If you need to report a claim of copyright infringement, please contact the Designated Copyright Agent listed above. Please provide the following information:

• A description of the copyrighted work that you claim has been infringed.
• A description of the material that you claim is infringing and where it is located on the Service.
• Your contact information, including address, telephone number, and email address.
• A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Upon receipt of a valid claim of copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA counter-notification procedure, as described in the DMCA.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Contact Information

If you have any questions or comments about these Terms of Service, please contact us at:

Email: support@mychatmate.io