Terms of Service
1. Who we are
Breakr.tv (the Service) is operated by Breakr.tv (the Company, we, us), based in the State of Missouri, United States. The Service provides software tools, overlays, dashboards, and a browser extension that help live-stream operators run shows on third-party platforms, including Whatnot. These terms are a legal agreement between you and the Company.
2. Eligibility and account
You must be at least 18 years old to create an account. By creating an account you confirm that you are 18 or older and that the information you provide is accurate.
You are responsible for your account credentials and for every action taken from your account. Tell us at security@breakr.tv as soon as you learn of a compromise.
If you create a workspace on behalf of an organization, you confirm you have the authority to bind that organization to these terms.
3. Trial, subscription, and billing
Free trial. New accounts receive a 7-day free trial of the paid plan. No payment card is required to start the trial. When the trial ends, the account reverts to the free tier unless you start a paid subscription.
Subscription. The paid plan costs $20 USD per month per workspace. Your card is charged at the start of each billing period until you cancel.
Payment processor. Payments are handled by Stripe. We do not store full card numbers. By subscribing, you also agree to the terms Stripe applies at checkout.
Taxes. Prices do not include sales tax, VAT, or similar taxes. Where we must collect tax, we add it at checkout. Missouri customers may be charged Missouri state and local sales tax where law requires.
Cancellation. You can cancel at any time from the Billing page. Your workspace keeps paid features until the end of the current billing period, then reverts to the free tier. We do not refund the current period except where required by law.
Price changes. If we change the subscription price, we notify active subscribers by email at least 30 days before the change takes effect. Continued use after the change means you accept the new price.
Failed payments. If a payment fails, we may retry the charge and may limit paid features until payment succeeds.
4. Acceptable use
You agree not to:
- Use the Service to violate any law or any third-party terms of service, including the terms of Whatnot, Stripe, Discord, Google, or OBS.
- Attempt to break, probe, or bypass authentication, access control, or rate limits.
- Scrape, resell, or re-expose Service features or data outside your own workspace.
- Send unsolicited bulk messages, spam viewers, or impersonate another person.
- Upload malware, run attacks against our infrastructure, or interfere with other users.
- Reverse engineer or decompile the Service, except where law expressly permits it.
- Use the Service for high-risk activity where failure can lead to injury, loss of life, or large financial loss.
5. Whatnot, OBS, and other third-party platforms
Breakr.tv is not affiliated with, endorsed by, or sponsored by Whatnot, OBS Project, Discord, Google, Stripe, or any other third-party platform. All product names and trademarks are the property of their respective owners.
The Service connects to third-party platforms through their public surfaces. Those platforms can change their software without notice. When they do, parts of the Service may stop working until we re-fit. We do our best to re-fit quickly. We make no guarantee that a given feature will work with a given third-party build at a given time.
Your use of a third-party platform is governed by that platform's own terms. Nothing in these terms modifies your agreement with any third party.
6. The Breakr.tv browser extension
The Service includes an optional browser extension that reads the content of pages you load from supported third-party platforms (today, Whatnot) and sends that content to your own Breakr.tv workspace so it can appear in your overlays and dashboards.
The extension does not collect data from pages outside the supported platforms. We do not sell the data the extension reads. We do not use the data the extension reads to profile you or your viewers for advertising.
You are responsible for installing and running the extension on devices you own or control, and for the signed-in sessions the extension uses. If you share a device, sign the extension out before you hand the device over.
7. Your content and workspace data
You own the content you create in your workspace. This includes overlay designs, scene flashes, break builds, show notes, templates, and any media you upload.
To run the Service we need a limited license to your content: a non-exclusive, worldwide, royalty-free license to host, store, cache, display, reproduce, and process your content only to deliver the Service to you and your workspace members. The license ends when you delete the content, with a short technical grace period for backups.
You confirm you own the content you upload or have the right to upload it. You agree not to upload content that infringes someone else's rights or that violates the acceptable-use rules above.
8. Our content and license to you
The Service, including the website, the extension, the design system, the documentation, and the trademarks, belongs to the Company. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service while your account is active and in compliance with these terms. We reserve every right the license does not expressly grant.
9. Viewer rewards and the shop
The Service includes a viewer-rewards system that lets your workspace award points to viewers and list items that viewers can redeem for those points. You, the operator, define the shop items, the point costs, and the fulfillment path. You, the operator, fulfill every redemption.
Breakr.tv is not a payment processor, escrow, or marketplace for the viewer-rewards shop. We do not hold funds for your viewers. We do not guarantee any redemption. Disputes between an operator and a viewer are between them. Where a redemption completes through a third-party listing, that listing is governed by the third party's terms.
You are solely responsible for the legality of your shop, for any applicable sweepstakes or lottery rules in your jurisdiction, for the accuracy of your listings, and for timely fulfillment.
10. Service availability and changes
We provide the Service on an "as available" basis. We may add, change, or remove features at any time. We will not change the core paid-plan features in a way that materially reduces their value without notice to active subscribers.
We may schedule maintenance that briefly interrupts the Service. We try to run maintenance outside peak streaming hours.
11. Suspension and termination
You can delete your account at any time from the Account page. When you delete your account, we delete your workspace content on a reasonable schedule, except for records we must keep by law (for example, billing records).
We may suspend or terminate your access if you breach these terms, if your use harms the Service or other users, if we are required to by law, or for non-payment. Where it is reasonable, we tell you first and give you a chance to fix the issue.
12. Disclaimer of warranties
The Service is provided "as is" and "as available" without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service is uninterrupted, error-free, secure, or that it will work with any specific third-party platform build.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, this disclaimer applies to the fullest extent permitted by law.
13. Limitation of liability
To the fullest extent permitted by law, the Company and its officers, employees, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or acquisition of substitute goods or services, even if advised of the possibility of such damages.
Our total aggregate liability to you for any claim arising out of or relating to the Service is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event that gave rise to the claim or (b) one hundred US dollars ($100).
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, employees, and agents from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising out of your use of the Service, your content, your shop, or your breach of these terms.
15. Copyright and DMCA
We respect copyright. If you believe content on the Service infringes your copyright, send a notice to dmca@breakr.tv that includes:
- Your contact information.
- A description of the work you claim is infringed.
- A description of the material and where it appears on the Service.
- A statement that you have a good-faith belief that the use is not authorized.
- A statement, under penalty of perjury, that the notice is accurate and that you own the right or are authorized to act on behalf of the owner.
- Your physical or electronic signature.
We may terminate the accounts of users who repeatedly infringe copyright.
16. Governing law and disputes
These terms are governed by the laws of the State of Missouri, United States, without regard to its conflict-of-laws rules. The exclusive venue for any dispute is the state and federal courts located in Missouri, and both parties agree to that venue and to the personal jurisdiction of those courts.
Nothing in this section limits the rights of Missouri residents under the Missouri Merchandising Practices Act or other consumer-protection law that cannot be waived by contract.
Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction.
17. Changes to these terms
We may update these terms. When we do, we post the new version here and update the "Last updated" date. For material changes, we also notify active subscribers by email at least 14 days before the change takes effect. Your continued use after the effective date means you accept the new terms.
18. Contact
Reach us at hello@breakr.tv. For privacy requests, see the Privacy Policy.
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