1. Scope of Services
These Terms apply to (i) the marketing website at streamsmart.io (the “Website”); (ii) the creator/admin panel (the “Livestreamer Console” or “Console”); and (iii) the viewer messaging system (the “Contact Form”). The Contact Form also has supplemental Terms which apply in addition to this document.
2. Eligibility & Accounts
- You must be at least 13 years old (or the minimum digital consent age in your jurisdiction) to use Stream Smart.
- Provide accurate and complete information when creating or managing an account.
- If you log in via a third-party platform (e.g., YouTube, Twitch, Kick), you must comply with their terms and policies.
3. Acceptable Use
- Do not use the services for unlawful, harmful, infringing, harassing, defamatory, or otherwise abusive activity.
- Do not upload or transmit malware, malicious code, automated spam, or harmful links.
- Do not attempt to interfere with or disrupt the services, networks, or security.
Creators are solely responsible for the content they stream or publish using the Console, including compliance with copyright, DMCA, and applicable platform rules.
4. User Content & License
You retain ownership of content you submit or create. You grant Stream Smart a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display your content as necessary to operate and provide the services. You represent that you have all rights necessary to grant this license and that your content does not violate any laws or third-party rights.
Viewer messages sent via the Contact Form are user-generated content. Stream Smart does not endorse, monitor, or control viewer submissions, and creators may receive and retain copies independently.
5. Third-Party Platforms
Stream Smart integrates with third-party platforms for authentication and livestream features. By connecting an account, you agree to the applicable terms and policies:
- YouTube Terms of Service · Google Privacy Policy
- Twitch Terms of Service · Twitch Privacy Notice
- Kick Terms of Service · Kick Privacy Policy
Stream Smart is independent and not affiliated with or endorsed by YouTube, Twitch, or Kick.
6. Privacy
Your use of Stream Smart is also governed by our Master Privacy Policy. The Contact Form has a separate Privacy Policy specific to that feature.
7. Suspension & Termination
We may suspend or terminate your access to the services, or remove or disable content, at our discretion if you violate these Terms, misuse the services, or as required by law or third-party platform rules.
8. Disclaimers
The services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Stream Smart disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the services will be uninterrupted, secure, or error-free.
9. Limitation of Liability
To the maximum extent permitted by law, Stream Smart will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, or goodwill, arising out of or related to your use of the services, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from or relating to the services shall not exceed the amounts you paid (if any) to Stream Smart for the services during the twelve (12) months prior to the event giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Stream Smart LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your content, your use of the services, or your violation of these Terms.
11. Changes to These Terms
We may update these Terms from time to time. Changes will be posted with an updated Effective Date. Material changes may also be communicated via email or in-service notice. Your continued use of the services after changes take effect constitutes acceptance of the updated Terms.
12. Governing Law & Venue
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, for any dispute not subject to alternative dispute resolution.
13. Contact
Questions about these Terms? Contact support@streamsmart.io.