1. About this Agreement
This Xive Developer Agreement (“Agreement”) is a binding agreement between you and Xive Inc., a Florida company (“Xive,” “we,” “us”). It governs your use of the Xive streaming developer platform: the developer site and Console at https://thexive.com/developers, the Xive streaming APIs, the realtime gateway, application secrets, and related documentation (together, the “Developer Platform”).
You accept this Agreement when you check the box to agree to it in the Console, or when you first create an application or a secret. If you accept on behalf of a company or other organisation, you confirm that you have authority to bind it, and “you” includes that organisation.
This Agreement covers applications for creators’ live channels on Xive. Bots and applications for Xive Hubs are a separate product governed by the Xive Hub Developer Terms, not by this Agreement.
The Xive Developer Policy, the Xive Terms of Service, the Community Standards and the Privacy Policy are part of this Agreement. If this Agreement conflicts with the Xive Terms of Service about the Developer Platform, this Agreement controls.
2. Definitions
- “Application” means software, a service or a bot you build that uses the Developer Platform, identified by an application ID and client ID in the Console.
- “Channel” means a creator’s Xive channel, including its live chat. “Creator” means the Xive user who owns a Channel.
- “Viewer” means any Xive user, or any visitor, who watches or chats on a Channel.
- “Scopes” means the permissions a Creator grants your Application on their Channel, such as reading chat, sending messages, moderating, or receiving channel activity.
- “Xive Data” means any data you receive through the Developer Platform, including chat messages, user IDs, usernames and display names, channel activity, and stream information.
- “Secret” means an application secret issued to you for authenticating your Application.
3. Eligibility and your developer account
You must be at least 18 years old, hold a Xive account in good standing, and not be barred from using Xive under the Terms of Service or applicable law. You must give accurate information about yourself and your Application and keep it current.
You are responsible for everything done with your developer account, your Applications and your Secrets, whether or not you authorised it. Keep your Secrets confidential and on systems you control, and revoke a Secret immediately if you believe it has been exposed.
4. Your licence to the Developer Platform
Subject to this Agreement, Xive grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Developer Platform to build, test and operate Applications that interact with Channels that have added them.
You must not, and must not help anyone else to:
- access the Developer Platform other than through the interfaces we document, or use a Secret that was not issued to you;
- exceed, test or get around rate limits, Scopes, or any other technical limit, including by spreading traffic across several Applications or Secrets;
- sell, lease, sublicense or resell access to the Developer Platform or to Xive Data;
- use the Developer Platform to build a product that substitutes for Xive, or to copy Xive’s features or content at scale;
- reverse engineer or interfere with the Developer Platform or Xive, except where the law expressly allows it despite this restriction;
- use the Developer Platform in breach of the Developer Policy, the Community Standards, or the law.
5. Your Application and creator consent
Your Application may act on a Channel only after its Creator adds it, and only within the Scopes the Creator granted. You must describe your Application and what it does accurately, request only the Scopes it needs, and stop acting on a Channel as soon as the Creator removes your Application or withdraws a Scope.
Messages your Application posts appear under your Application’s name with a bot label. You are responsible for everything your Application posts or does, including moderation actions it takes on a Creator’s behalf.
You must give Creators a way to contact you for support, and you must respond to reasonable requests from Creators and from Xive about your Application. If your Application collects personal data beyond what it needs to work in the Channel, you must publish a privacy notice that accurately describes it.
Xive may review, test and monitor Applications and their use of the Developer Platform to check compliance with this Agreement.
6. Xive Data
You may use Xive Data only to provide your Application’s features to the Channel the data came from. You must:
- keep chat messages and other Xive Data only as long as your Application needs them to work, and in any case delete chat message content within 30 days of receiving it, unless the Creator of that Channel has asked you to keep it longer for their own Channel’s use;
- delete all Xive Data from a Channel within 30 days after its Creator removes your Application, and promptly when a Creator or Xive asks you to;
- not sell, rent, share or disclose Xive Data to anyone, except your service providers who process it only for you and under obligations at least as protective as these;
- not combine Xive Data across Channels to build profiles of Viewers, and not publish databases, rankings or lookups of Viewers drawn from more than one Channel;
- not use Xive Data to train or improve machine-learning models, except to provide features to the Channel the data came from;
- protect Xive Data with appropriate technical and organisational security measures, and comply with all applicable data-protection and privacy laws.
If you become aware of unauthorised access to Xive Data, or of a compromised Secret, you must tell us at [email protected] without undue delay and in any case within 72 hours, and help us respond.
7. Fees and charging for your Application
Xive does not currently charge for the Developer Platform. We may introduce fees or paid tiers in future with at least 30 days’ notice; they will apply only if you continue to use the Developer Platform after they take effect.
You may charge Creators for your Application or its services, provided you are clear about prices before they pay and you follow the Developer Policy. You must not use your Application to take payments from Viewers in a Channel’s chat, to sell Xive credits, gifts, Sparks or subscriptions, or to get around Xive’s own payment features. You are responsible for your own taxes.
8. Intellectual property and the Xive brand
You keep all rights in your Application. Xive keeps all rights in Xive, the Developer Platform and the Xive brand. This Agreement grants no rights except those it expressly states.
You may say truthfully that your Application works with Xive (for example, “for Xive” or “works with Xive”). You must not use “Xive” or Xive’s logos in your Application’s name, imply that Xive endorses, sponsors or operates your Application, or present your Application as Xive staff or as a Channel’s moderator.
If you send us feedback or suggestions about the Developer Platform, we may use them without obligation to you.
9. Changes, suspension and termination
We may change the Developer Platform. Where a change would materially break existing Applications, we will try to give reasonable advance notice in the developer documentation, except where a change is needed for security, legal compliance or to prevent harm.
We may update this Agreement. We will post the new version with its date, and you must accept it before creating new applications or secrets; continuing to operate an existing Application after the update takes effect also means you accept it. If you do not agree, stop using the Developer Platform.
We may limit, suspend or remove an Application, revoke Secrets, or end your access to the Developer Platform at any time if we reasonably believe you have breached this Agreement or the Developer Policy, if your Application puts Creators, Viewers or Xive at risk, or if the law requires it. Where it is safe and lawful to do so, we will tell you why and how to appeal under the Developer Policy.
You may stop using the Developer Platform and delete your Applications at any time. When this Agreement ends, your licence ends, and you must stop using the Developer Platform and delete all Xive Data within 30 days. Sections 6, 8, 10, 11 and 12 survive termination.
10. Confidentiality
If we share non-public information with you about the Developer Platform, such as unreleased features or security details, you must keep it confidential and use it only to build your Application, unless it becomes public through no fault of yours.
11. Disclaimers, limitation of liability and indemnity
THE DEVELOPER PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, XIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND DOES NOT PROMISE THAT THE DEVELOPER PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT EVENTS WILL BE DELIVERED.
TO THE FULLEST EXTENT ALLOWED BY LAW, XIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM THIS AGREEMENT OR THE DEVELOPER PLATFORM, EVEN IF TOLD THEY WERE POSSIBLE. XIVE’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THIS AGREEMENT OR THE DEVELOPER PLATFORM IS LIMITED TO THE GREATER OF THE FEES YOU PAID XIVE FOR THE DEVELOPER PLATFORM IN THE 12 MONTHS BEFORE THE CLAIM AND US$100. Some jurisdictions do not allow certain limits, so some of these may not apply to you.
You will defend, indemnify and hold harmless Xive and its affiliates, officers, employees and agents from third-party claims, and related losses, fines and reasonable legal fees, arising from your Application, your use of the Developer Platform or Xive Data, your breach of this Agreement, the Developer Policy or the law, or any dispute between you and a Creator or Viewer. We will notify you of the claim, let you control the defence, and reasonably cooperate at your expense; you may not settle a claim that imposes obligations on Xive without our written consent.
12. General terms
This Agreement is governed by the laws of the State of Florida and applicable federal law of the United States, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in the State of Florida, and both parties consent to their jurisdiction. If the Xive Terms of Service contain a dispute-resolution or arbitration clause, that clause applies to this Agreement too.
You will comply with all applicable export-control and sanctions laws. You and Xive are independent parties; this Agreement creates no partnership, joint venture, employment or agency relationship. You may not assign this Agreement or transfer an Application without our written consent; we may assign it in connection with a merger, acquisition or sale of assets, or to an affiliate.
This Agreement, with the documents it incorporates, is the entire agreement between you and Xive about the Developer Platform. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
We may give you notice by email, in the Console or in the developer documentation. Legal notices to Xive: [email protected]. Questions about this Agreement: [email protected].