Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the Mix It Up websites, online services, desktop and mobile applications, browser extensions, developer tools, APIs/SDKs/CLIs, and related documentation and community spaces (collectively, the “Services”) provided by Blazing Cacti LLC (“Blazing Cacti,” “we,” “us,” or “our”). By using the Services, you agree to these Terms.

Read these Terms together with our Privacy Policy and (for the desktop app) our End User License Agreement (EULA).

1. Eligibility and Account Registration

You must be at least 13 years old (or the age of digital consent in your region, if higher). If you are between 13 and the age of majority in your jurisdiction, you may use the Services only with the consent of a parent or legal guardian.
Keep your account credentials confidential and secure. You are responsible for activity under your account.

2. Scope of Services; Third-Party Integrations

The Services include integrations with Twitch, YouTube, Discord, Trovo, and other third-party platforms. Your use of those platforms is governed by their terms and policies.
You authorize us (and the desktop client, where applicable) to access third-party APIs and data you explicitly connect and consent to.
We are not liable for availability, quality, or changes made by third-party providers.

3. Acceptable Use and Community Standards

Don’t misuse the Services. Prohibited behavior includes: spamming; reverse engineering (except where permitted by law); circumventing access controls; exporting or scraping data in violation of platform or user permissions; using automation to mislead, defraud, or violate third-party rules.
You must comply with our Code of Conduct.
You are responsible for notices/consents with your audience where you collect or process their data via the Services.

4. Software License and Updates

We grant you a nonexclusive, nontransferable, revocable, limited license to use our client software solely in accordance with these Terms and any applicable EULA.
The desktop client may automatically check for and download updates. Preview builds may be unstable and are provided “as is.”
Some components are licensed under open-source licenses. See Third-Party Notices.

5. Paid Features; Billing; Trials; Refunds

We may offer paid plans, add-ons, or marketplace listings. Billing is handled through our designated payment provider. Taxes may apply.
Subscriptions auto-renew by default. You can cancel at any time, effective at the end of the current billing period.
Refunds are at our discretion or as required by law. If we change prices or materially reduce features, we will provide notice.
Chargebacks and payment disputes may result in immediate suspension.

6. APIs, Rate Limits, and Developer Policies

Use the Developer API and SDKs only as documented. We may impose rate limits or require API keys. Don’t attempt to bypass limits or scrape.
We may revoke or limit keys at any time for abuse, security, or performance reasons.

7. Privacy; Data Processing

Our collection and use of personal information is described in our Privacy Policy.
For audience data processed on your behalf (e.g., chat logs, events), we act as your service provider/processor. Our Data Processing Addendum (DPA) is available.

8. Intellectual Property; Feedback

We own the Services, including software, documentation, and our Marks. See the Trademark Policy for brand use.
If you provide feedback, you grant us a perpetual, irrevocable license to use it without obligation.

9. DMCA; Repeat Infringers

See our DMCA Copyright Policy. We may terminate accounts for repeat infringement.

10. Security; Prohibited Testing

Report vulnerabilities privately to security@mixitupapp.com. Do not probe or attempt to access non-public systems without our written permission.
You must not introduce malware, attempt to DDoS, or otherwise interfere with the Services.

11. Consumer Rights (EU/UK Where Applicable)

If you purchase digital services as a consumer in the EU/UK, you may have statutory rights regarding withdrawal, conformity, and remedies. Nothing in these Terms limits non-waivable consumer rights.
If mandatory local consumer law conflicts with these Terms, the mandatory law prevails for the consumer transaction.

12. Termination and Suspension

We may suspend or terminate access for violations of these Terms, risk to the Services, legal compliance, or nonpayment.
You may stop using the Services at any time. Certain obligations survive termination (for example, indemnity, limitation of liability).

13. Disclaimers; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD $100.
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

14. Indemnification

You will indemnify and hold harmless Blazing Cacti LLC and its affiliates, officers, employees, and agents from claims arising from your use of the Services or violation of these Terms.

15. Governing Law; Dispute Resolution

Governing law: State of Nevada, USA, without regard to its conflicts of law principles.
Binding arbitration: Except for disputes governed exclusively by the EULA (Desktop) under Section 18 below, any dispute arising under these Terms will be resolved by binding arbitration on an individual basis in Clark County, Nevada, under the rules of the AAA. YOU WAIVE CLASS ACTIONS AND JURY TRIALS. Notwithstanding the foregoing, either party may seek injunctive relief in court for misuse of IP or breach of confidentiality.

16. Export Control and Sanctions

You must comply with U.S. export control and sanctions laws. You represent you are not located in, under the control of, or a national/resident of any embargoed or sanctioned country or on any U.S. government list.

17. Changes to the Services and Terms

We may modify the Services or these Terms. For material changes, we will provide notice (for example, in-product or via email) at least 15 days before they take effect, unless immediate changes are required by law or for security.

18. Precedence with EULA (Desktop)

The EULA governs your use of the Desktop Software. These Terms govern your use of the Services. If there is a conflict, the product-specific document prevails for its scope. For disputes that concern only the Desktop Software and not the Online Services, the EULA’s dispute resolution terms control.

19. Miscellaneous

Entire agreement; severability; assignment; no waiver. If any provision is unenforceable, the remainder remains in effect. Contact: Blazing Cacti LLC, 9750 W. Skye Canyon Park Dr., Ste. 160 – #161, Las Vegas, NV 89166, USA; info@mixitupapp.com.

20. Governing Law; Venue

Governing Law; Venue. This Agreement and any claim relating to the Services are governed by the laws of the State of Nevada and applicable U.S. federal law, without regard to conflict-of-laws principles. Exclusive venue lies in the state or federal courts located in Clark County, Nevada, and the parties consent to personal jurisdiction there.

21. Local Data Responsibility (Desktop)

Local Data Responsibility (Desktop). Data created or collected via the Desktop application is stored on the user’s device. You (the user) are solely responsible for retention and deletion of local data.

22. Retention (Online)

Retention (Online). By using Mix It Up Online, you request and authorize Blazing Cacti to retain your account and audience data indefinitely for the life of your account, and to delete such data only upon your explicit account deletion request, subject to reasonable security-log and backup retention on U.S. systems.

23. Compliance Program

Compliance Program. Blazing Cacti operates a U.S. compliance program. Nothing in these terms shall be construed as an undertaking to comply with non-U.S. legal regimes.