CallSubs Terms of Service

1. Definitions

• "CallSubs," "we," "our," or "us" refers to CallSubs Inc., the operator of the Platform.
• "Platform" means our website, applications, API, and related services.
• "Streamer" means a creator who uses CallSubs to receive paid voice interactions ("Calls") from Viewers.
• "Viewer" means a user who pays to participate in Calls with Streamers.
• "User" means any individual using the Platform (including Streamers and Viewers).
• "Call" means a live voice interaction facilitated via CallSubs.
• "Toxic Content" includes, but is not limited to, hate speech, slurs, defamation, threats, or any content prohibited by the Third-Party Platforms (e.g., Twitch, YouTube) on which the Streamer broadcasts.

2. Eligibility & Minors

2.1 Age Requirements

• Streamers (Sellers): You must be at least 18 years old to monetize and receive payouts.
• Viewers (Buyers/Participants): You must be at least 13 years old.

2.2 The "Parental Gate" (Minors 13–17)

If you are between the ages of 13 and the age of legal majority in your jurisdiction (usually 18), you represent and warrant that:

• You have obtained the verifiable consent of your parent or legal guardian to use the Platform.
• Payment Consent: Any transaction made on the Platform is conducted with the express permission of your parent or guardian, using a payment method they control.

2.3 COPPA & GDPR-K Compliance

CallSubs does not knowingly collect data from children under 13. If you are under 13, DO NOT USE THIS SERVICE. Accounts found to belong to users under 13 will be terminated immediately and all associated data (including voice logs) permanently deleted.

3. Accounts

• You agree to provide accurate and complete information when creating an account.
• You are responsible for maintaining the confidentiality of your login credentials.
• You accept full responsibility for all activity under your account. You must notify us immediately of any suspected unauthorized use.

4. The Platform & Third-Party Dependencies

4.1 Nature of Service

CallSubs provides the technical infrastructure ("The Pipe") to facilitate voice connections. We are not a broadcaster, publisher, or creator of content.

4.2 Third-Party Risk Assumption

User acknowledges that CallSubs operates in conjunction with third-party platforms (e.g., Twitch, YouTube, Kick). We do not control these platforms. You agree that CallSubs is not liable for any changes to third-party Terms of Service, API limitations, or enforcement actions (bans, suspensions, demonetization) taken against your account on those platforms as a result of using CallSubs.

5. Payments & Fees

• Payments are processed by third-party providers (e.g., Stripe). You agree to be bound by their applicable Service Agreements.
• Streamers set their own prices. The total amount is displayed to the Viewer prior to purchase.
• CallSubs will deduct a service fee and applicable taxes from payments made to Streamers prior to payout.

6. Marketplace Role & Refund Policy

6.1 Facilitator Status (Merchant of Record)

• CallSubs acts solely as a Commercial Agent authorized by the Streamer to conclude the sale.
• The Streamer is the "Merchant of Record" for the service provided (the Call).
• CallSubs is not a party to the contract between Streamer and Viewer.

6.2 "No Refund for Quality" Policy

• Subjective Satisfaction: We do not issue refunds based on the subjective quality, entertainment value, or "boredom" of a Call. The Streamer is solely responsible for the quality of their performance.
• Finality: All sales are final. You acknowledge that CallSubs has fulfilled its obligation to you once the audio connection is successfully established.

6.3 Disputes

Any dispute regarding the content of the Call must be directed to the Streamer. CallSubs will only intervene in disputes regarding a confirmed technical failure of the Platform.

7. Intermediary Status & Content Liability

7.1 No Duty to Monitor ("The Passive Conduit")

CallSubs acts exclusively as a passive technological intermediary. We do not create, modify, or editorialize User Generated Content. You acknowledge that CallSubs has no obligation to pre-screen, monitor, review, or edit the content of any Call.

7.2 Assumption of Risk

• Viewers: You voluntarily assume all risk of exposure to Toxic Content.
• Streamers: You bear full and sole liability for any Toxic Content broadcast on your channel via our Platform.

7.3 Legal Shield

• United States: CallSubs invokes the immunities afforded by Section 230 of the Communications Decency Act, establishing that we are not the publisher or speaker of information provided by Users.
• European Union: CallSubs operates as a "Hosting Service" under the Digital Services Act (DSA). Our liability is limited to acting expeditiously to remove illegal content only upon obtaining actual knowledge of its existence.

8. Intellectual Property & Content Licensing

8.1 Platform Rights

CallSubs owns all rights to the Platform code, design, and branding.

8.2 Streamer Ownership

Content generated in Calls generally belongs to the Streamer, subject to the license granted below.

8.3 Viewer License Grant (Right of Publicity)

By participating in a Call, you (the Viewer) grant CallSubs and the respective Streamer a worldwide, non-exclusive, royalty-free, perpetual, and sublicensable license to record, broadcast, reproduce, and publicly perform your voice, name, and likeness as captured during the Call. You explicitly waive any "moral rights" or rights of privacy/publicity regarding the broadcast of your voice in this context.

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO REPRESENTATIONS THAT THE PLATFORM IS COMPLIANT WITH THE TERMS OF SERVICE OF ANY THIRD-PARTY PLATFORM (E.G., TWITCH). WE DO NOT WARRANT THE BEHAVIOR, SAFETY, OR LEGALITY OF USERS.

10. Limitation of Liability

10.1 Waiver of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, CALLSUBS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, LOSS OF DATA, OR PUNITIVE ACTIONS (BANS, SUSPENSIONS) TAKEN BY THIRD-PARTY PLATFORMS.

10.2 Liability Cap

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CALLSUBS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless CallSubs, its officers, directors, and affiliates from any claims, liabilities, damages, or expenses (including legal fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party right, including Intellectual Property or Privacy rights; or (d) any Toxic Content you generate.

12. Termination

We may suspend or terminate your access immediately, without notice, for conduct that we believe violates these Terms or is harmful to other Users, us, or third parties, or for any other reason at our sole discretion.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of Delaware, United States. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Delaware. You waive any right to participate in class actions.

14. Changes to These Terms

We may update these Terms from time to time. Continued use of the Platform after changes constitutes acceptance of the new Terms.