Effective: August 22, 2016
This is an agreement between Twitch Interactive, Inc. (“Twitch”) and you (if registering as an individual) or the entity you represent (if registering as a business) (“Developer” or “you”).
Structure of Agreement.
This agreement (the “Agreement”) includes the body of the agreement below, all schedules to this agreement (“Schedules”), and all terms, rules and policies that we make available for participating and using the Program Materials, including on the Twitch Developer Site. However, the terms in each Schedule and the rules and policies only apply to you if you engage in the activity or use the Program Materials (defined in Section 2) to which the Schedule, rules or policies apply.
Please read the terms and conditions of this Agreement carefully. By accessing and using the Program Materials, you are entering into a legally binding agreement with Twitch, meaning you agree to comply with and to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Program Materials.
This Agreement binds your use of the Program Materials unless Twitch and you have executed another agreement that governs your use of the Program Materials in which case such other agreement supersedes this Agreement and the terms herein.
- Apps: are software applications, games, websites, channels, and other digital products that you (a) submit to Twitch for license, sale, distribution, or promotion, and/or (b) which use any Program Materials, together with their enhancements, upgrades, updates, bug fixes, new versions and other modifications and amendments.
- Customer(s): individuals, or entities, that use, consume, and interact with Your Services.
- Program Materials: certain software, software development kits, libraries, application programing interfaces (“APIs”), services, documentation, specifications, sample code, metadata, technology, and any other related or ancillary materials and information made available under this Agreement to you by or on behalf of Twitch pursuant to the program you participate in on the corresponding Schedule.
- Twitch Content: has the meaning defined in Twitch’s Terms of Service located at http://help.twitch.tv/customer/portal/articles/735191-terms-of-service and includes without limitation messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials.
- Twitch Developer Site: the developer web portal located at http://dev.twitch.tv/ or any successors thereto.
- Twitch Marks: name, trademarks, service marks, logos and other brand indicia that Twitch makes available to you.
- Twitch Services: Twitch’s products, services and platforms.
- Your Services: means your Apps, all content, ads, services, technology, data and other materials included in or made available through your Apps.
Program Materials License
- Usage. Your use of certain Program Materials is also subject to the additional terms in any Schedules that apply to those particular Program Materials. You are solely responsible for ensuring Your Services function properly with any Program Materials you use, including any future updated or modified versions of those Program Materials.
- License from Twitch. Subject to the terms and conditions in this Agreement, Twitch hereby grants you a limited, non-exclusive, worldwide, royalty free, non-transferable, non-sublicensable, revocable license during the Term to:
- Use and reproduce the Program Materials solely to develop, test, promote, measure, support and operate Your Services. If the Program Materials include any libraries, sample code, or other materials we make available specifically for incorporation in Your Services (as indicated by the applicable documentation), you may incorporate those particular Program Materials in Your Services and reproduce and distribute those Program Materials as incorporated in Your Services. You may also modify any such sample code to the extent necessary to incorporate it in Your Services. All sample code will be identified as such.
- Use and display Twitch Marks in accordance with the Twitch Brand Asset Guidelines, solely to attribute Twitch’s offerings as the source of the Program Materials as set forth in this Agreement.
- Limitations. You must comply with all instructions and requirements in any integration documents, guidelines, or other documentation that we provide or make available to you. You will not reverse engineer, disassemble or decompile the Program Materials or otherwise compromises Twitch’s rights in the Program Materials. You will not take any action related to the Program Materials that interferes with, damages, or accesses or uses in any unauthorized manner the hardware, software, networks, technologies or other properties or services of Twitch or of any end user, mobile operator or other third party. You will not use the Program Materials with any software or other materials that are subject to licenses or restrictions (e.g., open source software licenses) that, when combined with the Program Materials, would require Twitch to disclose, license, distribute or otherwise make all or any part of such Program Materials available to anyone. You will not remove, modify, or obscure any copyright, patent, trademark or other proprietary or attribution notices on or in any Program Materials. All licenses granted to you in this Agreement are conditional on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement.
- Incorporated Terms. Your use of the Program Materials is further subject to and governed by the following terms and conditions which are incorporated into this Agreement by this reference:
- the Twitch Trademark Guidelines located at https://www.twitch.tv/p/trademark (“Trademark Guidelines”) as it relates to your use and display of the Twitch Marks; and
- Twitch’s Community Guidelines located at https://www.twitch.tv/p/community-guidelines (“Community Guidelines”).
In the event of a conflict between this Agreement and any of the above policies, this Agreement shall control.
Ownership and Feedback
- Ownership of Program Materials. The Program Materials are the intellectual property of Twitch or its licensors. The Program Materials are licensed, not sold, and Twitch retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that Twitch, its licensors and its end users retain all worldwide right, title and interest in and to the Program Materials, Twitch Services and Twitch Content, including all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all applications therefor), and all proprietary rights under the laws of the United States, any other jurisdiction or any treaty.
- Ownership of Your Services. Except to the extent Your Services contain Program Materials or Twitch Content, you (or your licensors) own all right, title and interest in Your Services and Twitch claims no ownership or control over Your Services.
- Feedback. You may provide Twitch with comments concerning the Program Materials, Twitch Services or your evaluation and use thereof (collectively, “Feedback”). You hereby grant Twitch all right, title and ownership of such Feedback (including all intellectual property rights therein), and Twitch may use the Feedback for any and all commercial and non-commercial purposes with no obligation of any kind to you.
Developer Accounts and Rate Limits
- Keys. Once you have successfully registered Your Content or Your Services, you will be issued one or more unique security keys, secrets, tokens, access codes, passwords or other credentials (collectively, “Keys”). The Keys enable us to associate your Program Materials with Your Content and/or Your Services and users of Twitch Services. All activities that occur using your Keys are your responsibility. Keep them secret. Also, you may not sell, transfer, or sublicense them.
- Rate Limits. You will not attempt to exceed or circumvent limitations on access to and use of the Program Materials, exceed or circumvent any limitation on the API calls you may make, or otherwise use the Program Materials in a manner that exceeds reasonable request volume, or constitutes excessive or abusive usage (“Rate Limits”). If Twitch, at its sole discretion, determines that you have attempted to exceed or circumvent Rate Limits, or other controls that limit use of the Program Materials, then your ability to use the Program Materials may be temporarily suspended or permanently blocked.
- Security Measures. Your network, operating system and the software of your web servers, databases, and computer systems must be properly configured to securely operate and store Your Services. Your Services must use industry standard security measures to protect against and prevent security breaches of Your Services and any unauthorized disclosure of the personal information of your Customers, including administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of the personal information of your Customers and the Program Materials. You must promptly report any security deficiencies in, or intrusions to, Your Services that you discover or are reported to you to Twitch in writing via email to email@example.com or subsequent contact information posted in the Twitch Developer Site.
- Audit and Monitoring. You agree to provide us with access to Your Services and/or other materials related to your use of the Program Materials as may be requested by us to verify your compliance with this Agreement, to audit your use, display and storage of the Program Materials, and/or to improve the Twitch Service. You agree that we may crawl or otherwise monitor Your Services related to your use of the Program Materials and you agree not to block or interfere with such efforts by Twitch.
Twitch may provide you with support or modifications for the Program Materials in our sole discretion and Twitch may stop providing support or modifications to you at any time without notice and without any obligation or liability to you. You are solely responsible for providing user support and any other technical assistance to Customers of Your Service. Twitch may redirect Customers and potential users of Your Service who have inquiries or who require support to the email address contained in your Registration Data.
We reserve the right to change this Agreement at any time in our discretion. We will give you notice of the changes by posting an updated version of this Agreement online or by emailing you at an email address you have provided. Changes to the payment of applicable Royalties will be effective 30 days after we post them or otherwise notify you of them. Any other changes to the Agreement will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. You are responsible for checking for Agreement updates. Your continued use of the Program Materials after changes to this Agreement take effect will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Program Materials and terminate this Agreement.
Term and Termination
The term of this Agreement will commence on the earlier of your acceptance of these terms or your first use of any of the Program Materials and the term will continue until either party terminates this Agreement. Twitch may immediately terminate or suspend this Agreement, any rights granted herein, and/or your license to the Program Materials, at its sole discretion at any time, for any reason with or without advance notice. Twitch may further terminate, suspend, or discontinue the Program Materials or any part thereof or may provide limits on access or use of certain features or elements of the Program Materials. You may terminate this Agreement at any time by ceasing use of all Program Materials. Upon termination of this Agreement, all licenses granted herein immediately expire and you must cease use of all Program Materials. The parties to this Agreement will not be liable to each other for any damages resulting solely from termination of this Agreement as permitted under this Agreement. Sections III, VII, VIII, IX, and X of this Agreement will survive termination of this Agreement.
Confidentiality & Publicity
You will: (a) protect and not disclose information made available by us that is identified as confidential or that reasonably should be considered confidential; (b) use this information only to fulfill your obligations under this Agreement; and (c) either destroy or return all such information to us promptly when the Agreement terminates (and, upon request, confirm such destruction in writing). This paragraph covers all confidential information regardless of when you receive it. You acknowledge that Twitch may make public statements describing Your Services along with its integration with Twitch.
Developer Representation and Warranties
You represent, warrant and covenant that:
- You are at least the legal age of majority and that you are able to form a legally binding contract. If Developer is a business or other legal entity and not an individual, then the individual entering into this Agreement on Developer’s behalf represents that he or she has all necessary legal authority to bind Developer to this Agreement;
- You have the full right, power, and authority to enter into and fully perform this Agreement;
- Before providing Twitch or any Customer Your Services, you will have obtained the rights necessary for the exercise of all rights granted under this Agreement, and you will be solely responsible for and will pay any licensors or co-owners any royalties or other monies due to them related to Your Services;
- None of Your Services or the sale, distribution, or promotion thereof will violate any law; require Twitch to obtain any license, authorization, or other permission from any governmental agency or other third party; contain any defamatory material; or violate or infringe any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights);
- Your Services may be imported to, exported from, and lawfully used in the United States, all countries in which we operate a particular product or service defined in a Schedule, and all countries in which you’ve authorized sales to end users (without the need for us to obtain any license or clearance or take any other action) and Your Services are in full compliance with all applicable Laws governing imports, exports, and use, including those applicable to software that incorporates or makes use of information security technology, including but not limited to encryption technology;
- Your Service will not contain any viruses, spyware, “Trojan horses,” or other “malware” or harmful code, and will not cause injury to any person or damage to any property; and
- You will include any attributions, copyright information and other notices, terms and conditions that may be required to be provided to end users based on your use of third party “open source” software or other third party intellectual property in your Service.
- Compliance with Laws. You will comply with all applicable foreign, federal, state, and local laws, rules and regulations. You will maintain throughout the Term all rights and licenses that are required with respect to your Services. You represent and warrant to Twitch that, excluding the Program Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute Your Services, and that use of Your Services by Twitch and its users will not violate the rights of any third party, or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any country in which Your Services are made available and any applicable export laws.
- Privacy Obligations. In addition, if you (or any third-party plug-in or service provider you use) have access to any name, password, other login information, or personally identifiable information or personal data of any end user based on any use of or interaction with your Service, you will (i) provide legally adequate privacy notices to such end user, (ii) obtain any necessary consent from the end user for the collection, use, transfer, and storage of the information, (iii) use and authorize others to access and use the information only for the purposes permitted by the end user, and (iv) ensure the information is collected, used, transferred, and stored in accordance with applicable privacy notice(s) and applicable Laws.
- Export and Import. The Program Materials may not be sold, leased, downloaded, moved, exported, re-exported, or transferred across borders without a license, or approval from the relevant government authority, to any country or to any foreign national restricted by U.S. export laws, including countries embargoed by the U.S. Government (currently Cuba, Iran, North Korea, Northern Sudan and Syria); or to any restricted or denied end-user including, but not limited to, any person or entity prohibited by the U.S. Office of Foreign Assets Control; or for any restricted end-use.
- Warranty Disclaimer. THE PROGRAM MATERIALS ARE PROVIDED TO YOU “AS IS”, “WHERE IS”, WITH ALL FAULTS AND EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TWITCH DOES NOT WARRANT THAT THE PROGRAM MATERIALS WILL MEET ANY OF YOUR REQUIREMENTS OR THAT ITS USE WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
- Indemnification. You will defend, hold harmless, and indemnify Twitch and its Affiliates from any claim, demands, suits or action brought by a third party, including all damages, liabilities, and costs (including without limitation reasonable attorneys’ fees) to the extent arising out of: (i) your use of the Program Materials in any manner that is inconsistent with this Agreement; (ii) your breach of your representations, warranties or obligations; or (iii) the performance, promotion, sale or distribution of Your Content or Your Services (each, a "Claim"). You will not consent to the entry of a judgment or settle a Claim without our prior written consent, which may not be unreasonably withheld. You will use counsel reasonably satisfactory to Twitch to defend each Claim. If we reasonably determine that a Claim might adversely affect Twitch, we may take control of the defense at our expense (and without limiting your indemnification obligations). Twitch shall not settle any such claim requiring payment from you without your prior written approval.
- Limitation of Liability. IN NO EVENT WILL TWITCH BE LIABLE TO YOU OR ANY CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PROGRAM MATERIALS. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- Entire Agreement. This Agreement (and the incorporated terms referenced in the Schedules) constitutes the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications.
- Assignment. You may not assign any of the rights or obligations granted hereunder, in whole or in part, whether voluntarily or by operation of law, except with the prior written consent of Twitch. Any attempted assignment in violation of this paragraph is null and void, and Twitch may terminate this Agreement.
- No Joint Venture. This Agreement does not create or imply any partnership, agency or joint venture.
- Applicable Law and Venue Section. This Agreement will be governed by and construed in accordance with the laws of the State of Washington, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to this Agreement will be brought exclusively in the federal or state courts of King County, Washington, USA, and you consent to personal jurisdiction in those courts. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated.
- Injunctive Relief. You agree that money damages would be an inadequate remedy for Twitch in the event of a breach or threatened breach of a provision of this Agreement protecting Twitch’s intellectual property or Confidential Information, and that in the event of such a breach or threat, Twitch, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (including an order prohibiting Company from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate.
- No Waiver/Deverability. No waiver by Twitch of any covenant or right under this Agreement will be effective unless memorialized in a writing duly authorized by Twitch. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
The terms of this Schedule apply if you use Twitch’s APIs. “Twitch APIs” means any of the Program Materials we make available to use Twitch’s application programming interfaces, embeddable players, and other materials, specifically found here: https://github.com/justintv/Twitch-API.
The terms in this Schedule are designed to provide you with guidelines and rules for developing Your Services, including without limitation tools that use and interact with Twitch’s applications, services, APIs, content, community, and website. Our aim is to provide developers with a platform to build services and products that enrich, inform and evolve functionality on Twitch. Put simply - we want Your Services to be a new user experience that wows the community.
Should you have questions, contact us at firstname.lastname@example.org.
- Violations of this Schedule are a violation of the Developer Services Agreement.
- This Schedule may change from time to time without notice. Check https://discuss.dev.twitch.tv for any notice concerning an update to this Schedule.
- Keep Keys or other access credentials private and use only as permitted.
- Your Services will not, and you will not encourage or create functionality for your users or other third parties that violates Twitch’s Community Guidelines (https://www.twitch.tv/p/community-guidelines).
- Twitch may monitor your use of the Twitch APIs to ensure compliance with this Policy. Keep in mind that you agree not to block or interfere with such efforts by Twitch.
- If we conclude that Your Services violate our Community Guidelines or are negatively impacting Twitch users, we may enforce Twitch’s rights without notice to you in advance. Enforcement can include disabling Your Services, restricting your access to Twitch’s APIs, requiring that you delete Program Materials, and terminating our agreements with you.
There should be no surprises:
- Be honest about your relationship with Twitch.
- Ensure Customers understand your identity and the purpose of Your Services.
- Make it easy for people to contact you and promptly respond to questions and requests.
Request only the data and publishing permissions Your Services need:
- Use publishing permissions to help people share content on Twitch, not to send people spam, or marketing/advertising blasts.
- Obtain consent for actions with your Customers’ information, or Customers’ devices, including, access to subscriber and friend information.
- If you are tracking a Customer's activity or using other behavioral advertising techniques, provide an opt-out mechanism.
If Your Services allow Customers to post content to Twitch, then, before publishing, we recommend showing the Customer a preview of what will be published on Twitch.
We encourage you to use Twitch’s embed products to showcase Twitch user content, if none exists, obtain authorization before using a Twitch user’s content either (a) to promote a commercial product or service; or (b) within Your Services. Twitch does not own all Twitch Content provided by its users, and offering APIs that allow you to reproduce or display Twitch user content is not an express or implied license to the content from Twitch. You must seek permission from Twitch users, or consider whether your use meets a legal exception.
The following activities are prohibited, absent a separate agreement with Twitch:
- Using data collected from Twitch’s APIs to target users with marketing material or commercial offers available off the Twitch Services.
- Creating demographic clusters for the purpose of contacting or targeting Twitch users on or off the Twitch Services.
- Transferring profile content to any ad network, data broker or other advertising or monetization-related service. This includes, using a Twitch user’s profile content, by itself or bundled with third party data, to target users with advertising outside of the Twitch Services.
- Selling, licensing or otherwise distributing any metadata or social content or authorizing access to any metadata or social content, directly or indirectly (e.g., through multiple tiers of distribution), to anybody.
- Serving as a marketplace for third-party services or products using Twitch’s APIs.
Twitch will consider authorizing you to use the Twitch APIs to engage in the following activities only after entering into a separate agreement and running through an approval process:
- Marketing - services used by marketers or their customers for marketing campaigns, campaign analysis, or anything similar.
- Research - educational and noncommercial projects that examine trends over specific time periods.
- Firehose - creative uses of a combination of Program Materials that exceed our rate limits.
- Follow Customer controls when deciding whether to store a Customer’s data.
- Delete all of a Customer’s data you have received from Twitch (including friend data) if that person asks you to, unless you are required to keep it by law, regulation, or separate agreement with us.
- Do not store copies of Twitch Content and Program Materials, unless (a) you obtain authorization (through these terms or otherwise); (b) control the rights associated with such content; or (c) caching such information for a reasonable time period.
- Re-syndication of Program Materials as available from a Twitch API is prohibited.
- Use commercially reasonable efforts to cause Your Services to update cached results and take the following actions:
- Delete Program Materials, or Twitch Content, Twitch reports as deleted or expired.
- Honor changes made on or related to Program Materials and Twitch Content.
- If you are designing Your Services in a way that violates these rules, you need to explore eligibility under one of the commercial arrangements described above.
Requirements for Specific Features and APIs
- Embeddable Player
- Adopt and integrate our embeddable player for all video content. We designed our player for the precise purpose of ensuring others discover and consume the broadcaster content found on Twitch.
- If you have an idea that involves distribution of video content outside the Twitch player, or commercial uses not expressly permitted by Twitch, send us a request and we will consider it (email@example.com). Unless we permit it, don’t do it.
- Don’t modify, replace, interfere with or block (a) functionality of the embeddable player, including advertisements placed by Twitch; and (b) the Twitch Marks.
- Permitted commercial uses around Twitch’s embeddable player:
- Advertising is permitted alongside Twitch’s embeddable player so long as other content, or data, of substantial value appears on the same page.
- You can charge users for access to Your Services that includes the embeddable player, but cannot levy fees specifically for the ability to watch or access a video.
We consider chat to be an essential component of the broadcast experience on Twitch. It is our belief, and we hope this informs your thinking, that Twitch broadcasters should be able to do the following with chat:
- Exercise control over the environment
- Cast a net for input from viewers
- Create a feedback loop with viewers
- Accomplish tasks (polls, giveaways, enforce spam filters, answer questions)
- Trigger viewing experiences
Twitch supports bidirectional interoperability between chat and other Services that aim to trigger events within chat. If you have interesting ideas, please contact us (firstname.lastname@example.org) and we’ll discuss putting it on our roadmap.
Specific guidelines with Chat:
- Position any user authentication method in a clear and conspicuous location to ensure users consent to initiating chat conversations.
- Enable, and process, all requests by Customers to block, discontinue, or otherwise opt-out of chat communications.
- It is forbidden to design bots that engage in offensive or deceptive practices (e.g., generate hate speech, send spam, offer false follows, etc.). We take this prohibition seriously!
- Only retain chat logs as necessary for the operation of Your Services or to improve Your Services; do not do so for the purpose of creating public databases, or, in general, to collect information about Twitch users.
- Twitch Connect
- Be clear and transparent when seeking permission to connect accounts, in other words, provide context and details about why a Customer should connect accounts.
- NEVER request Twitch user passwords.
- Use the Twitch Connect Brand Assets with any account connection process.
- Provide a conspicuous "Logout / Disconnect" option for Customers within Your Services.
- Displays of a Customer’s friends in Your Services must show that the relationship is associated with Twitch.
- Twitch Social Content and Data
- If you allow Customers to create social updates, allow Customers to easily share content created in Your Services back to Twitch whenever possible.
- Maintain the integrity of the Program Materials:
- No-commingling of Program Materials, making modifications, and deleting portions of Program Materials that reveal incomplete data sets.
- Update frequently to return accurate information.
- Ensure that there is a clear path to the source from displays of Program Materials in Your Services. Appropriately attribute uses of Program Materials or Twitch Content.