Terms of Service

These Terms include important provisions that limit our liability and place responsibility on you. In particular, Breakcastr is a visual overlay tool only. We do not run your auctions or sales, handle any money, or verify anything shown on your stream, and we are not responsible for any lost, missed, or disputed sale, bid, payment, or auction proceeds. Please read the sections titled “Your streams, sales, and auctions are your responsibility,” “Disclaimers,” and “Limitation of liability” closely. By using Breakcastr, you accept them.

By creating an account or using Breakcastr, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the service. If you use Breakcastr on behalf of an organization, you agree to these Terms on its behalf and confirm you are authorized to do so.

You must be at least 16 years old to use Breakcastr. If you are under the age of majority where you live, you may use Breakcastr only with the involvement and consent of a parent or legal guardian. By using the service, you confirm that you meet these requirements.

You are responsible for your account, your login credentials, and all activity that happens under it. You agree to:

• Provide accurate account information and keep it current
• Keep your password secure and not share your account
• Notify us promptly at support@breakcastr.com of any unauthorized use

We are not liable for any loss arising from unauthorized use of your account.

Subject to these Terms and your active subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Breakcastr and its overlays and animations for your own live streams. This license does not let you resell, redistribute, sublicense, or repackage the overlays, animations, or any part of the service.

You retain ownership of the content you provide, such as your logos, display name, and social handles (“Your Content”). You grant us a limited license to host, store, and display Your Content solely to operate and provide the service to you.

You are responsible for Your Content and confirm that you have the rights to use it and that it does not infringe anyone else’s rights or break any law.

You agree not to:

• Use Breakcastr for any unlawful purpose or in violation of any applicable law
• Infringe the intellectual property or other rights of anyone else
• Abuse, harass, or harm other users, or misrepresent your identity
• Attempt to disrupt, overload, or gain unauthorized access to the service
• Reverse-engineer, copy, or create derivative works from the service, except where the law allows it
• Resell or commercially exploit the service or its assets without our written permission

Paid plans are billed through our payment processor, Stripe. By subscribing to a paid plan, you agree to the following:

• Your subscription renews automatically at the end of each billing cycle until you cancel.
• You authorize us, through Stripe, to charge your payment method for each renewal.
• You can cancel at any time. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Payments are non-refundable, except where a refund is required by law.
• We may change our prices or plans. We will give you reasonable notice before a change affects you, and any change applies from your next billing cycle.

You are responsible for keeping a valid payment method on file. If a payment fails, we may suspend or cancel your access to paid features.

Breakcastr, including the website, the Studio, the overlays, the animations, and all related software, designs, and branding, is owned by us and protected by intellectual property laws. Except for the limited license granted to you in these Terms, we reserve all rights. You may not use our name, logo, or branding without our written permission.

Breakcastr works alongside third-party services, such as Stripe for payments and the streaming platforms and broadcast software you choose to use. We are not responsible for those third-party services, and your use of them is governed by their own terms and policies.

Breakcastr provides visual overlays and animations for your streams. It is a display tool only. Breakcastr is not an auction house, auctioneer, broker, marketplace, payment processor, escrow agent, or financial service, and we take no part in the transactions you run.

We do not, and Breakcastr does not:

• Run, host, manage, or supervise your auctions, breaks, raffles, or sales
• Set, receive, record, verify, or validate bids, prices, timers, or outcomes
• Handle, hold, transfer, or process any money between you and your viewers, buyers, or anyone else
• Determine winners, allocate items, or guarantee that any sale, payment, or shipment happens

Any numbers, bids, timers, names, or amounts shown by an overlay reflect the inputs and settings you or your tools provide. We do not verify their accuracy and do not control what appears on your stream. You are solely responsible for your streams, your pricing, your sales and auctions, your relationships and agreements with your viewers and buyers, tax and legal compliance, order fulfillment, refunds and chargebacks, and the resolution of any dispute that arises from them.

You agree that Breakcastr and its operator have no responsibility or liability for any lost, missed, or disputed sale, bid, payment, or auction proceeds, or for any claim by you or by a third party arising from how your stream was conducted or from anything shown or not shown on it.

You may stop using Breakcastr and close your account at any time. We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if we discontinue the service.

On termination, your right to use the service ends. Sections of these Terms that by their nature should survive, such as intellectual property, disclaimers, limitation of liability, and governing law, will continue to apply.

Breakcastr is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not warrant that the service will be uninterrupted, error-free, accurate, or secure, that any overlay will display correctly, or that the service will meet your requirements.

Live streaming depends on your hardware, your connection, and third-party services outside our control. We do not guarantee uptime, performance, or correct display during your broadcasts, and we are not responsible for any interruption, delay, glitch, freeze, incorrect value, or failure that occurs during a stream. You use Breakcastr during live events at your own risk, and you are responsible for having your own backups and contingencies for anything important to you or your business.

To the fullest extent permitted by law, Breakcastr and its operator will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising from or related to the service or your use of or inability to use it. This applies regardless of the legal theory, and whether or not we were advised of the possibility of such damages.

Without limiting the above, we are not liable for any lost, missed, or disputed sale, bid, payment, or auction proceeds, any chargeback or refund you owe a buyer, any business interruption, stream downtime, missed or spoiled broadcast, incorrect or delayed on-screen values, or any reputational harm, whether you or a third party brings the claim.

Our total aggregate liability for all claims relating to the service will not exceed the greater of the amount you paid us in the twelve months before the claim arose or one hundred US dollars. Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you; in that case our liability is limited to the smallest amount permitted by law.

You agree to indemnify, defend, and hold harmless Breakcastr and its operator from any claims, damages, losses, liabilities, and expenses, including reasonable legal fees, arising from or related to your use of the service, Your Content, your streams, sales, or auctions, any dispute between you and your viewers, buyers, or any third party, or your breach of these Terms or of any applicable law.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. You agree that any dispute arising from or relating to these Terms or the service will be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts. Nothing here limits any mandatory consumer-protection rights you have under the law of your home country.

We may update the service and these Terms as the product and the law evolve. When we make material changes to these Terms, we will update the “last updated” date above and, where appropriate, notify you. Your continued use of Breakcastr after an update means you accept the revised Terms.

Questions about these Terms can be sent to support@breakcastr.com.