Welcome to Gathr. These Terms of Service ("Terms") govern your access to and use of the Gathr platform, website, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using Gathr, you affirm that you are at least 13 years of age (or the age of digital consent in your jurisdiction) and are fully able and competent to enter into and comply with these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Gathr is a community hub platform for live streamers that:

• Aggregates live streams from multiple platforms (Twitch, YouTube, Kick) into a single destination
• Unifies chat messages from all connected platforms into one chat feed
• Provides community engagement tools (announcements, schedules, community feeds)
• Facilitates donations and subscriptions through integrated payment processing
• Creates a centralized community page accessible via a single shareable link

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized access or security breach
• Be responsible for all activities that occur under your account

3.2 Connected Platform Accounts

When you connect third-party streaming platform accounts (Twitch, YouTube, Kick):

• You authorize Gathr to access and use your account information as necessary to provide the Service
• You are responsible for maintaining valid authorization and credentials
• You must comply with the terms of service of each connected platform
• Gathr is not responsible for actions taken by third-party platforms

3.3 Account Termination

You may terminate your account at any time through your account settings. We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct that we deem harmful to the Service, other users, or third parties.

4. User Content and Conduct

4.1 Your Content

You retain ownership of all content you post, upload, or transmit through the Service ("User Content"), including:

• Profile information and community posts
• Announcements and schedules
• Messages and chat content
• Embedded streams from connected platforms

By posting User Content, you grant Gathr a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing and promoting the Service.

4.2 Content Standards

You agree not to post User Content that:

• Violates any law or regulation
• Infringes intellectual property rights of others
• Contains hate speech, harassment, threats, or promotes violence
• Contains sexually explicit or inappropriate material
• Promotes illegal activities or self-harm
• Contains malware, viruses, or malicious code
• Impersonates any person or entity
• Contains false or misleading information
• Violates the privacy rights of others
• Constitutes spam or unsolicited advertising

4.3 Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without permission
• Circumvent any security or access control measures
• Reverse engineer or attempt to extract source code
• Collect user information without consent
• Engage in any form of market manipulation or fraudulent activity
• Violate the terms of service of connected streaming platforms

4.4 Content Moderation

We reserve the right, but are not obligated, to:

• Monitor and review User Content
• Remove or refuse to display User Content that violates these Terms
• Suspend or terminate accounts that violate these Terms
• Cooperate with law enforcement authorities

5. Payment Terms

5.1 Fees and Pricing

Gathr charges a total fee of 5% on donations and subscriptions processed through the Service. This 5% fee is inclusive of Stripe's payment processing fees (currently 2.9% + $0.30 per transaction). Stripe's processing fees are deducted first; Gathr will retain the remainder of the 5% fee after Stripe's fees are applied. If Stripe's processing fees exceed the 5% fee for a given transaction, Gathr will not charge an additional amount. Fees are subject to change with 30 days' notice.

5.2 Payment Processing

All payments are processed through Stripe. By using payment features:

• You agree to Stripe's Terms of Service and Privacy Policy
• You authorize Gathr to charge the applicable fees
• You are responsible for all applicable taxes
• You provide accurate payment information

5.3 Donations and Subscriptions

When users donate or subscribe to streamers through Gathr:

• Payments are final and non-refundable except as required by law or at our discretion
• Streamers receive payouts according to their payment schedule, minus applicable fees
• We reserve the right to withhold payouts if we suspect fraudulent activity
• Streamers must maintain a valid Stripe Connect account to receive payments

5.4 Refunds

All sales are final. We do not provide refunds except:

• As required by applicable law
• In cases of technical error or duplicate charges
• At our sole discretion for extenuating circumstances

6. Intellectual Property

6.1 Gathr Property

The Service, including its original content, features, functionality, software, code, design, graphics, and trademarks, is owned by Gathr and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Gathr a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback without compensation or attribution.

6.4 DMCA and Copyright Infringement

We respect intellectual property rights. If you believe content on Gathr infringes your copyright, please contact our designated agent at [email protected] with:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief that use is unauthorized
• A statement that the information is accurate and you are authorized to act
• Your physical or electronic signature

7. Third-Party Services and Content

7.1 Streaming Platforms

Gathr integrates with third-party streaming platforms (Twitch, YouTube, Kick). Your use of these platforms is subject to their respective terms of service. We are not responsible for:

• The availability or performance of third-party platforms
• Content streamed from third-party platforms
• Actions taken by third-party platforms regarding your account
• Changes to third-party APIs or integration capabilities

7.2 Third-Party Links

The Service may contain links to third-party websites. We do not endorse or assume responsibility for third-party content, products, or services.

8. Disclaimers and Limitations of Liability

8.1 Service Provided "As Is"

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

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will meet your requirements

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GATHR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your content
• Any content obtained from the Service

IN NO EVENT SHALL GATHR'S TOTAL LIABILITY EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO GATHR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Gathr, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable law or regulation

10. Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

10.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court having jurisdiction.

10.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR CONSOLIDATED ACTION.

10.4 Exceptions

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

11. General Provisions

11.1 Entire Agreement

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

11.2 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms with a new "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

11.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.5 Assignment

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

11.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, or failures of third-party services.

11.7 Survival

Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Contact Information

If you have questions about these Terms, please contact us at:

Gathr
Email: [email protected]
Website: https://gathr.tv

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ACKNOWLEDGMENT

BY USING THE GATHR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.