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”).
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 /legal/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.
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.
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 /legal/trademark (“Trademark Guidelines”) as it relates to your use and display of the Twitch Marks; and
In the event of a conflict between this Agreement and any of the above policies, this Agreement shall control.
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.
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 firstname.lastname@example.org 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.
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.
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.
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;
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.
Miscellaneous 1. 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. 2. 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. 3. No Joint Venture. This Agreement does not create or imply any partnership, agency or joint venture. 4. 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. 5. 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. 6. 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://dev.twitch.tv.
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 email@example.com.
Give Your Users Control and Be Transparent
There should be no surprises:
Request only the data and publishing permissions Your Services need:
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.
Inappropriate & Appropriate Commercial Uses
The following activities are prohibited, absent a separate agreement with Twitch:
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:
Storage of Program Materials/Twitch Content
Use commercially reasonable efforts to cause Your Services to update cached results and take the following actions:
Requirements for Specific Features and APIs
Permitted commercial uses around Twitch’s embeddable player:
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:
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:
Maintain the integrity of the Program Materials: