Terms of Service

Effective Date: January 2025
Last Updated: January 2025

1. Acceptance of Terms

By downloading, installing, or using Spotlite Live ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

Spotlite Live is a live streaming platform that uses an automated random selection queue system. Users join a queue and are randomly selected to stream when it's their turn. The platform enables real-time video streaming, virtual gifting, and social interaction.

3. User Accounts

3.1 Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account
• You must be at least 17 years old to create an account
• The App is rated 17+ due to unrestricted web access and live streaming content
• By creating an account, you represent and warrant that you are at least 17 years of age

3.2 Account Responsibilities

• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• You may not share your account credentials with others

4. User Conduct

4.1 Prohibited Activities

You agree not to:

• Stream inappropriate, illegal, or harmful content
• Harass, abuse, or threaten other users
• Impersonate others or provide false information
• Attempt to manipulate the queue system
• Use automated tools to interact with the App
• Violate any applicable laws or regulations

4.2 Content Standards

• While the App is rated 17+, you must still comply with applicable laws and our content policies
• Illegal, harmful, or excessively explicit content is prohibited
• You are solely responsible for your content and its consequences

4.3 Community Standards, Reporting, and Moderation

• User-Generated Content (UGC): The App includes live user-generated content. Some content may be mature or explicit in nature.
• Prohibited Content/Conduct: You may not post, stream, or engage in content or behavior that is illegal, exploits or endangers minors, includes non-consensual sexual content, depicts real-world violence or threats, promotes self-harm, harasses others, engages in or promotes violent extremism, contains hate speech toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic, or otherwise violates applicable law.
• Reporting: Users may report content and behavior they believe is inappropriate or violates these Terms.
• Moderation and Enforcement: We may review reports and take action in our sole discretion, including removing content, ending a stream, restricting features, removing you from the queue, suspending, or terminating accounts. We enforce an escalating enforcement policy for repeat violations of our Acceptable Use Policy and Terms of Service. Accounts with confirmed violations receive graduated penalties, which may include warnings, temporary restrictions, monetization suspension, and permanent account bans. We maintain internal records of prior violations and use both automated flags and moderator review to identify repeat offenders. Repeat or severe violations result in immediate removal of monetization privileges and permanent account termination. We reserve the right to take enforcement action at our discretion to protect users and prevent abuse.
• No Guarantee: We do not guarantee that all content will be reviewed immediately. If you believe there is an urgent safety issue, contact local authorities.

5. Virtual Currency and Payments

5.1 Coins System

• The App uses virtual currency called "Coins"
• Coins can be purchased through in-app purchases
• Coins are used for virtual gifts and platform interactions
• Coins have no real-world monetary value outside the App

5.2 Payment Terms

• All purchases are final and non-refundable through our platform
• Prices are subject to change without notice
• Apple App Store and Google Play Store terms apply to purchases, including their respective refund policies
• You may be eligible for refunds through Apple App Store or Google Play Store according to their policies, but we do not process direct refunds
• We reserve the right to modify the virtual currency system

5.3 Earnings and Payouts

• Viewers may purchase Coins and use them to tip streamers through virtual gifts
• Streamers may earn Points from viewer gifts; Points may be redeemable for cash payouts through our creator tools
• Payout Provider: Payouts are processed via Stripe Connect
• Payout Schedule: Payouts are initiated between the 1st and 7th of each month
• Earnings Hold Period: Points earned in month M become eligible for withdrawal between the 1st and 7th of month M+2 (for example, Points earned in December become withdrawable between February 1–7)
• Minimum Threshold: A minimum of $5 USD is required to withdraw
• Fees: Processing fees may apply and may change over time
• Taxes: All earnings and payouts are subject to applicable tax laws and reporting requirements

5.4 Prohibited Monetization

You are strictly prohibited from monetizing (receiving gifts, earnings, or payouts from) content that falls into the following categories:

• Adult Content and Services: Content that contains nudity or explicit sexual acts, including but not limited to adult audio/video live chat, or any sexually explicit material intended for monetization.
• Intellectual Property or Proprietary Rights Infringement: Content that infringes upon the intellectual property or proprietary rights of others, including but not limited to unauthorized use of copyrighted material, trademarks, trade secrets, or other protected intellectual property.
• Copyright-Infringing Content: Content that violates copyright laws, including but not limited to leaked music albums, unauthorized distribution of copyrighted material, or any content that infringes upon the copyrights of others.
• Violent Extremism: Content that engages in, encourages, promotes, or celebrates unlawful violence or hate speech toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic.

Enforcement: If you violate this prohibition on monetization of prohibited content, we reserve the right to:

• Immediately suspend or terminate your account
• Forfeit any pending or earned Points, earnings, or payouts
• Refuse to process any pending payouts
• Take legal action as appropriate

Repeat Violations: Repeat or severe violations of these monetization prohibitions result in immediate removal of monetization privileges and permanent account termination.

No Right to Earnings from Prohibited Content: You acknowledge and agree that you have no right to receive, and we have no obligation to pay, any gifts, earnings, or payouts derived from content that violates these prohibitions.

6. Queue System and Fairness

6.1 Random Selection System

• Users are randomly selected from the queue (not first-come-first-served)
• Everyone has an equal chance of being selected
• The system is fully automated with no manual intervention
• Queue positions and selection are determined by our algorithms
• Automated Decision-Making: The queue selection process uses automated algorithms to randomly select users. This automated selection cannot be appealed, and all selections are final

6.2 Streaming Rules

• Each streaming session has a time limit
• Users must follow streaming guidelines
• Inappropriate behavior may result in removal from queue, suspension, or account termination
• Attempting to manipulate the queue system may result in immediate account termination
• We reserve the right to modify queue rules

7. Intellectual Property

7.1 Your Content

• You retain ownership of your original content
• You grant us a license to use your content for App functionality
• You represent and warrant that you have the right to share your content and that your content does not infringe upon the intellectual property, copyright, or proprietary rights of any third party
• You may not monetize content that infringes upon intellectual property, copyright, or proprietary rights (see Section 5.4)

7.2 Our Content

• The App and its features are protected by intellectual property laws
• You may not copy, modify, or distribute our content without permission
• Our trademarks and logos are our property

8. Privacy and Data

• Your privacy is important to us
• Please review our Privacy Policy for information about data collection and use
• We implement security measures to protect your information
• You consent to data processing as described in our Privacy Policy

9. Disclaimers and Limitations

9.1 Service Availability

• We strive to provide reliable service but cannot guarantee uninterrupted access
• The App may be temporarily unavailable for maintenance or updates
• We are not responsible for third-party service interruptions

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Termination

10.1 Termination by You

• You may stop using the App at any time
• You may delete your account through the App settings
• Termination does not relieve you of obligations incurred before termination

10.2 Termination by Us

• We may suspend or terminate your account for violations of these Terms
• We may discontinue the App or your access with reasonable notice
• We reserve the right to modify or discontinue features at any time

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the State of California, United States of America. Any disputes will be resolved in the courts of Los Angeles County, California, or the appropriate federal courts.

11.2 Dispute Process

• We encourage resolving disputes through direct communication
• For formal disputes, please contact us at support@spotlitelive.app
• We will work in good faith to resolve any issues

12. Changes to Terms

• We may modify these Terms at any time
• We will notify users of significant changes through the App
• Continued use of the App after changes constitutes acceptance
• If you disagree with changes, you must stop using the App

13. Contact Information

14. Severability

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

These Terms of Service are effective as of January 2025 and apply to all users of Spotlite Live.