Terms of Service

Agreement to these Terms

These Terms of Service (“Terms”) are a binding agreement between you and Velaris Management Group LLC, a Kentucky manager-managed limited liability company that owns and operates the Xive platform (“Xive,” “we,” “us,” or “our”). They govern access to and use of thexive.com, the Xive mobile applications, and related services (collectively, the “Service”); see https://velarismanagement.com/.

By creating an account, accessing, or using the Service, you agree to these Terms and to our Community Standards, Privacy Policy, Cookie Policy, and the other policies referenced here. Each of those policies is part of these Terms by reference.

When we make material changes, we publish a new version and ask you to accept it the next time you use the Service. If you do not accept the current version, you will not be able to continue using the Service.

If you use the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” includes that organisation. If you do not agree, do not use the Service. Certain features have additional terms; if there is a conflict for a specific feature, those additional terms govern that feature only.

Eligibility and your account

You must be at least 18 years old to use the Service. This is a platform-wide minimum and applies even if the law where you live would permit a younger person to use a service like this one. We verify age at sign-up; if you state a date of birth showing you are under 18, your account is closed automatically.

You must provide accurate registration information and keep it current. Providing a false date of birth to defeat the age gate is a breach of these Terms and grounds for permanent termination.

You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly of unauthorised use. Do not share your account, and do not create a new account to evade a suspension or ban.

We may refuse registration, close accounts, or limit features to comply with law, reduce risk, or protect users and the platform.

The Service

The Service includes feeds and discovery, posts and short-form video, video on demand, live streaming and replays of past broadcasts, live chat, direct and group messaging, voice and video calling, profiles and social features, creator tools including broadcasting software integrations, and paid features such as credits, gifts, Sparks, and subscriptions.

We may modify, suspend, or discontinue features with or without notice where permitted by law; we will give reasonable notice of material adverse changes where required. Beta or experimental features may be less stable; use them at your own risk subject to these Terms.

Zero tolerance for objectionable content and abusive users

There is no tolerance for objectionable content or abusive users on Xive. You must not post, stream, send, or otherwise share content that is unlawful, harassing, hateful, threatening, violent, sexually exploitative, or otherwise objectionable, and you must not abuse, threaten, or harass other people using the Service.

We screen content automatically as well as by hand. Text is checked by an automated filter before it is published, and images and video are screened by an automated system that flags material for human moderators to review.

You can report any post, comment, short, live stream, message, or account from within the app or on the web, and you can block any user, which applies across feeds, messages, and live chat. Reports are reviewed and acted on within 24 hours.

Where content or behaviour breaches this section we remove the content and suspend or terminate the accounts responsible. Repeated or severe breaches result in permanent removal from the Service. The detailed rules are in our Community Standards, and our Appeals Process describes how to contest a decision.

Acceptable use

You agree not to misuse the Service. Without limitation, you must not:

Violate law or third-party rights, including intellectual property and privacy rights.
Post or stream unlawful, harmful, fraudulent, or deceptive content, or content that violates our Community Standards.
Harass, threaten, doxx, or incite violence; sexualise or exploit minors; distribute malware; or attack our systems or anyone else’s.
Circumvent security, access controls, rate limits, signed playback links, or other technical limits; scrape or bulk-collect data except as we expressly permit.
Share, resell, or publish the stream credentials issued to your channel, or broadcast to a channel you do not control.
Create or use accounts to evade enforcement action, inflate views or engagement, or manipulate monetisation.
Reverse engineer except where mandatory law allows; resell or sublicense the Service without authorisation.
Use the Service to build a competing product using our proprietary interfaces or data in breach of these Terms.

Detailed rules appear in our Community Standards and, for broadcasts specifically, in our Streaming Compliance policy.

Your content and the licence you grant

You retain ownership of intellectual property rights in content you create and upload (“Your Content”), subject to the licence below.

You grant Xive a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, cache, reproduce, encode, transcode, reformat, excerpt, publicly display, publicly perform, distribute, and communicate Your Content to the public as reasonably necessary to operate, secure, moderate, and promote the Service. In practice that includes: delivering your content through our content delivery network, generating thumbnails and preview frames, producing multiple bitrate versions so playback works on slow connections, recording your live broadcasts and making them available as replays, and creating derived images from your media for automated safety screening.

This licence lasts as long as Your Content is on the Service, and continues for a commercially reasonable period after you remove it or close your account, to the extent needed for backups, legal compliance, and dispute resolution. It then ends, except for archival copies we are required to retain.

You represent that you have all rights necessary to grant this licence, including rights to music, footage, and anything else appearing in Your Content and in your broadcasts. See our Content Ownership policy for creator-specific expectations.

Xive’s name, logos, interfaces, and software are protected. Except for Your Content, you receive no ownership rights in Xive property.

Live broadcasts are recorded

Live broadcasts are recorded automatically so they can be replayed. Recordings are retained by our video provider for 21 days; a broadcast you publish as a replay stays available until you or we remove it. Live chat sent during a broadcast is visible to everyone watching and may be retained with the broadcast record.

You are responsible for what appears in your broadcast, including anyone else who is visible or audible in it. Do not broadcast other people without their agreement where the law requires it.

Moderation and automated screening

We screen content with a combination of automated systems and human review. Text you publish passes through an automated filter; images and video are screened by a machine-learning system that flags material for human moderators but does not remove content on its own. We act on user reports, and we may remove or restrict content, features, or accounts to enforce these Terms, our policies, or the law.

Criteria and appeals are described in our Enforcement Policy, Account Suspension & Termination policy, Moderation Model, and Appeals Process.

Credits, gifts, and other virtual items

Credits are a virtual item you buy to use inside the Service — principally to send gifts and Sparks to creators. Gifts, Sparks, and similar items are digital goods, not currency, securities, or property.

Credits have no cash value, cannot be redeemed for money by the person who buys them, cannot be transferred between accounts, and are usable only inside the Service.
You are buying a limited, personal, revocable, non-transferable licence to use the item, not ownership of anything.
Purchases of credits and other virtual items are final and non-refundable once delivered, except where a refund is required by law or by the rules of the store you bought them through.
We may change the price of a credit pack, change what a gift costs, or stop offering an item at any time. We will not retroactively take credits you have already bought except in the circumstances below.
We may suspend, void, or reverse credits and gifts obtained through fraud, chargebacks, stolen payment methods, error, or breach of these Terms.
If we discontinue the Service or terminate your account for a reason other than your breach, we will handle any unused credits as required by applicable law.

When you send a gift to a creator, the value passes to that creator’s earnings under the monetisation terms below. A gift, once sent, cannot be recalled.

Purchases, subscriptions, and app stores

On the web, payments are processed by Stripe. In our iOS and Android apps, purchases of credits and subscriptions are made through Apple’s App Store or Google Play and are governed by that store’s terms in addition to these Terms.

Subscriptions — including creator subscriptions and any Xive subscription plan — renew automatically for the period shown at purchase, at the price shown at purchase, until cancelled. You will be charged for the next period through the payment method or store account you used, unless you cancel at least 24 hours before the end of the current period. Cancelling stops future renewals; it does not refund the period already paid for. You can manage or cancel a subscription bought through an app store in your Apple or Google account settings, and one bought on the web in your Xive account settings.

For purchases made through an app store, refunds are handled by that store under its policies, not by Xive. Deleting the app does not cancel a subscription.

Where you obtained our app from the Apple App Store: these Terms are between you and Xive, not with Apple, and Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support. Apple is a third-party beneficiary of these Terms and may enforce them against you. To the extent permitted by law, Apple’s only warranty obligation is to refund the purchase price of the app, and Apple is not responsible for any claim relating to the app, including product liability, regulatory compliance, or third-party intellectual property claims.

You are responsible for any taxes on your purchases other than those we are legally required to collect and remit.

Creator monetisation and payouts

Creators can earn from gifts, Sparks, subscriptions, and other monetisation surfaces we may add. Money moves as follows, and the numbers here are the ones the platform actually applies:

Payment processing fees are deducted first by the payment provider or app store.
Xive retains a platform share of 20% of the net proceeds; 80% goes to the creator.
Half of the creator’s share is placed in reserve when it is earned and becomes available for withdrawal 14 days later. The reserve exists to cover chargebacks, refunds, and fraud reversals.
Available balances are paid out through Stripe Connect. You must complete Stripe’s identity, bank, and tax verification before any payout can run, and payouts are subject to Stripe’s own requirements and timing.
We may delay or hold a payout while we investigate unusual activity, or where a legal freeze, garnishment, or regulatory inquiry applies.
Chargebacks, refunds, and reversals reduce your earnings and can create a negative balance, which we may recover from future earnings.
Earnings from manipulation, fraud, infringement, or breach of these Terms may be withheld or forfeited where the law allows.

You are responsible for reporting and paying your own income and other taxes on what you earn. We withhold or remit only where we are legally required to. Our Monetization & Payouts policy has the fuller picture, and monetisation suspensions can be appealed through our Appeals Process.

Copyright and intellectual property complaints

If you believe content on the Service infringes your copyright, send a notice to [email protected] including: your physical or electronic signature; identification of the copyrighted work you claim is infringed; identification of the material you claim is infringing and enough information for us to locate it (for example the post or broadcast URL); your contact details; a statement that you have a good-faith belief the use is not authorised by the rights holder, its agent, or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorised to act on their behalf.

We remove or disable access to material that is the subject of a valid notice, and we notify the person who posted it. If your content was removed and you believe that was a mistake or misidentification, you may send a counter-notice to the same address with the corresponding statements required by law.

We terminate the accounts of repeat infringers in appropriate circumstances. Complaints about trademarks, publicity rights, or other intellectual property may be sent to the same address.

Third-party services

The Service links to and integrates with third-party sites, software development kits, broadcasting software, and services. Their terms and privacy policies govern your use of them. Xive is not responsible for third-party content or practices beyond what applicable law requires.

Suspension, termination, and appeals

We may remove or restrict content, features, or accounts to enforce these Terms, our policies, or the law. Where we suspend or terminate an account, our Account Suspension & Termination policy describes the criteria and our Appeals Process describes how to contest it.

You may stop using the Service at any time and may delete your account in-product. Deleting your account does not by itself cancel a subscription bought through an app store, and does not waive obligations that have already accrued, including negative balances and chargeback liability.

Disclaimers

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory — including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation, that live broadcasts will not be interrupted, or that content will be preserved for any particular period.

Some jurisdictions do not allow certain disclaimers; in those jurisdictions, disclaimers apply only to the extent permitted.

Limitation of liability

To the maximum extent permitted by applicable law, Xive and its affiliates, directors, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or business opportunities, arising out of or related to the Service or these Terms — even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our aggregate liability for claims arising out of or related to the Service or these Terms will not exceed the greater of (a) the amounts you paid Xive in the twelve months before the claim or (b) one hundred U.S. dollars (USD 100), except where law does not permit such a cap (for example, certain consumer or personal injury claims).

Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Xive and its affiliates from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from Your Content, your use of the Service, or your breach of these Terms or law. We may assume exclusive defence and control of any matter subject to indemnification by you, at your expense.

Governing law and disputes

Except where prohibited by mandatory consumer protection law in your country of residence, these Terms are governed by the laws of the Commonwealth of Kentucky and the applicable federal law of the United States, without regard to conflict-of-law rules that would require application of another jurisdiction’s laws. Velaris Management Group LLC is organised under the laws of Kentucky.

Disputes not resolved informally may be brought in the state or federal courts located in the Commonwealth of Kentucky, and you and we consent to the jurisdiction of those courts — except where the law of your country of residence gives you the right to bring proceedings, or requires them to be brought, somewhere else.

If you are located in the EEA, UK, or Switzerland, you may benefit from mandatory consumer protections of your country; nothing in these Terms limits those protections. Supplemental terms for specific regions or features may set out different dispute resolution procedures where we offer them.

You and Xive agree that any dispute resolution terms that apply specifically to consumers in your region will control to the extent they conflict with this section.

General

These Terms constitute the entire agreement between you and Xive regarding the Service and supersede prior agreements on the same subject. If a provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale.

Notices may be provided by email, in-product messages, or posting on the Service.

Contact

For questions about these Terms, and for copyright and other intellectual property notices: [email protected]. For privacy matters: [email protected]. For help with your account, a purchase, or a payout: [email protected].