Terms of Service

1. Description of the Application

Abilitya Overlay Sync is an audience engagement tool for streamers. The Application allows streamers to automate overlay insertions during livestreams. These overlays may include QR codes that allow viewers to interact with polls, surveys, mini-games, rewards, promotions, and other engagement experiences.

The Application also allows streamers to connect supported livestreaming accounts, including YouTube, Twitch, and Kick, so the Application can identify the active livestream and automatically send a message into the live chat when an overlay is displayed.

The livestream chat automation feature is intended only to support the streamer’s own configured engagement experience.

2. Eligibility

You may use the Application only if you are legally able to enter into these Terms and comply with all applicable laws.

If you use the Application on behalf of a company, organization, team, client, or other legal entity, you represent that you have authority to bind that entity to these Terms.

3. User Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to provide accurate information and to keep your account information up to date.

You must notify us promptly if you believe your account or connected livestreaming account has been accessed without authorization.

4. OBS Plugin

The OBS plugin is provided to help streamers display overlays during livestreams and trigger related actions configured by the streamer.

You are responsible for configuring the plugin correctly, testing it before using it in a live production environment, and ensuring that overlays, QR codes, links, messages, and campaigns comply with applicable laws and platform rules.

We are not responsible for livestream interruptions, incorrect configurations, third-party platform outages, OBS compatibility issues, or production errors caused by user configuration, device issues, internet connectivity, or third-party software.

5. Connected Livestreaming Accounts

The Application may allow you to connect third-party livestreaming accounts, including YouTube, Twitch, and Kick.

By connecting a livestreaming account, you authorize the Application to access and use that account only for the purposes disclosed to you, including:

• Identifying the connected channel or account;
• Identifying the currently active livestream;
• Identifying the live chat associated with the active livestream;
• Sending a configured chat message when an overlay is displayed;
• Performing related technical actions necessary to provide the feature.

You can disconnect a connected account at any time through the Application or, where applicable, through the third-party platform’s own account permission settings.

After disconnection, the Application will stop using the related authorization tokens for that connected account, subject to any limited retention described in our Privacy Policy.

6. YouTube API Services

The Application uses YouTube API Services when you connect a YouTube account and use YouTube-related features.

By using the Application with YouTube, you acknowledge and agree that:

• The Application uses YouTube API Services;
• Your use of YouTube through the Application is also subject to the YouTube Terms of Service;
• Your use of YouTube through the Application may also be subject to the Google Privacy Policy and other applicable Google or YouTube policies;
• We are not YouTube, Google, Twitch, Kick, OBS, or any other third-party platform;
• We are not responsible for changes, interruptions, restrictions, suspensions, quota limitations, API changes, policy changes, or service availability decisions made by YouTube, Google, Twitch, Kick, OBS, or any other third-party provider.

The Application requests only the permissions we determine are necessary to provide the user-facing features. For YouTube, this means identifying the active livestream and sending a chat message to the active livestream chat when an overlay is displayed.

Even if a granted permission technically allows broader capabilities, the Application will not use those broader capabilities unless they are necessary for a disclosed user-facing feature and permitted by applicable platform policies.

7. Twitch and Kick Integrations

If you connect a Twitch or Kick account, your use of those integrations is also subject to the applicable Twitch or Kick terms, rules, policies, developer requirements, and community guidelines.

We may suspend, restrict, or disable Twitch or Kick features if required to comply with platform policies, legal obligations, security requirements, or technical limitations.

8. Chat Automation

The Application may automatically send a message into the live chat of an active livestream when an overlay is displayed.

You are responsible for the message content you configure, approve, or trigger through the Application.

You must not use the chat automation feature to:

• Send spam;
• Mislead viewers;
• Impersonate another person or entity;
• Harass, threaten, or abuse others;
• Promote illegal activity;
• Violate livestreaming platform rules;
• Send malicious links, deceptive links, or harmful content;
• Circumvent platform limits, moderation tools, or safety systems;
• Send messages unrelated to the streamer’s legitimate livestream engagement experience.

We may limit, suspend, or disable chat automation if we believe it is being misused or may violate applicable laws, third-party platform policies, or these Terms.

9. User Content

“User Content” means any content, message, text, image, link, QR code destination, poll, survey, mini-game, reward, promotion, overlay configuration, or other material that you upload, configure, create, submit, or make available through the Application.

You retain ownership of your User Content.

You grant us a limited, worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and use your User Content only as necessary to provide, secure, operate, maintain, and improve the Application.

You represent and warrant that you have all necessary rights, permissions, and legal bases to use and submit your User Content through the Application.

10. Acceptable Use

You agree not to use the Application to:

• Violate any law or regulation;
• Violate any third-party platform terms or policies;
• Infringe intellectual property rights, privacy rights, publicity rights, or other rights;
• Send, host, or promote malware, phishing, scams, or deceptive content;
• Interfere with or disrupt the Application or third-party services;
• Attempt to reverse engineer, bypass, overload, or abuse the Application;
• Access or use accounts, data, systems, or APIs without authorization;
• Use the Application for spam, manipulation, artificial engagement, fraud, or platform abuse;
• Use the Application in a way that could harm viewers, streamers, third-party platforms, or our services.

We reserve the right to investigate and take action if we believe your use violates these Terms or applicable platform policies.

11. Viewer Interactions

The Application may allow viewers to interact with QR codes, polls, surveys, mini-games, rewards, or other engagement experiences.

You are responsible for ensuring that your viewer-facing experiences comply with applicable laws, including privacy, advertising, consumer protection, promotion, contest, sweepstakes, and marketing laws.

If you collect personal information from viewers through your campaigns, you are responsible for providing any required notices, obtaining any required consents, and complying with applicable data protection laws.

12. Rewards, Promotions, Polls, Surveys, and Mini-Games

If you use the Application to run rewards, promotions, polls, surveys, contests, mini-games, or similar experiences, you are responsible for the legality, accuracy, fairness, eligibility rules, prize fulfillment, disclosures, and administration of those experiences.

We do not sponsor, administer, guarantee, or control your campaigns unless expressly stated in a separate written agreement.

You must not suggest that YouTube, Twitch, Kick, OBS, Google, or any other third-party platform sponsors, endorses, or administers your campaign unless you have written authorization from that platform.

13. Third-Party Services

The Application depends on third-party platforms and services, including livestreaming platforms, APIs, OBS, hosting providers, analytics providers, and infrastructure providers.

We do not control third-party services and are not responsible for their availability, security, policies, performance, errors, or changes.

Third-party platforms may change or discontinue APIs, permissions, features, scopes, policies, quotas, or access rules at any time. These changes may affect the Application.

14. Privacy

Our Privacy Policy explains how we collect, use, store, and share information, including information received from Google APIs and other third-party integrations.

By using the Application, you agree that we may process information as described in our Privacy Policy.

You must review and accept our Privacy Policy before using the Application.

15. Security

You must not share access credentials, OAuth tokens, API keys, private keys, or other sensitive account information with unauthorized parties.

You must not attempt to access, extract, store, or use third-party platform credentials outside the authorized OAuth or platform authorization flow.

We may suspend or terminate access if we detect suspicious activity, unauthorized access, abuse, or security risk.

16. Subscription, Fees, and Payment

Some features may be free, paid, trial-based, usage-based, or available only under a subscription or commercial agreement.

Fees, billing cycles, taxes, cancellation rules, and payment terms will be disclosed during checkout or in a separate agreement.

Unless otherwise stated, fees are non-refundable except where required by law.

We may change pricing or feature availability with reasonable notice where required.

17. Service Availability

We work to keep the Application available and reliable, but we do not guarantee uninterrupted, error-free, or always-available service.

The Application may be unavailable because of maintenance, updates, outages, third-party provider issues, API changes, security incidents, network failures, or other circumstances.

We are not liable for lost revenue, lost audience engagement, failed livestream messages, overlay errors, campaign interruptions, or other losses caused by service interruptions or third-party platform issues, to the maximum extent permitted by law.

18. Changes to the Application

We may modify, suspend, or discontinue any part of the Application at any time.

We may also modify or remove features when necessary to comply with laws, security requirements, third-party platform policies, API changes, or operational needs.

19. Suspension and Termination

We may suspend or terminate your access to the Application if:

• You violate these Terms;
• You violate applicable laws or third-party platform policies;
• Your use creates security, legal, operational, or reputational risk;
• Your payment fails or your subscription expires;
• We are required to do so by law or by a third-party platform;
• We discontinue the Application or relevant feature.

You may stop using the Application at any time and may disconnect your livestreaming accounts at any time.

Termination does not affect rights or obligations that by their nature should survive, including payment obligations, intellectual property rights, disclaimers, limitations of liability, and indemnity obligations.

20. Intellectual Property

The Application, including software, designs, interfaces, workflows, documentation, branding, and technology, is owned by us or our licensors.

These Terms do not transfer ownership of the Application to you.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works from the Application except as permitted by law or authorized by us in writing.

21. Feedback

If you provide feedback, suggestions, or ideas, you grant us the right to use them without restriction or compensation, unless otherwise agreed in writing.

22. Disclaimers

The Application is provided “as is” and “as available.”

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, and reliability.

We do not guarantee that the Application will increase audience engagement, generate revenue, prevent technical issues, or be compatible with every livestream setup.

23. Limitation of Liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost goodwill, livestream interruption, failed campaigns, or platform account restrictions.

To the maximum extent permitted by law, our total liability for any claim related to the Application will not exceed the amount you paid to us for the Application during the three months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

24. Indemnification

You agree to defend, indemnify, and hold harmless Abilitya Srl, its affiliates, officers, directors, employees, contractors, and partners from claims, damages, losses, liabilities, costs, and expenses arising from:

• Your use of the Application;
• Your User Content;
• Your livestreams, campaigns, promotions, rewards, polls, surveys, or mini-games;
• Your violation of these Terms;
• Your violation of third-party platform terms or policies;
• Your violation of laws or third-party rights.

25. Governing Law and Dispute Resolution

These Terms are governed by the laws of Italy, without regard to conflict of law principles.

Any disputes will be resolved in the courts located in Italy, unless applicable law requires otherwise.

26. Changes to These Terms

We may update these Terms from time to time.

If changes are material, we will provide notice where required by law or where reasonably appropriate.

Your continued use of the Application after updated Terms become effective means you accept the updated Terms.

If you do not agree to the updated Terms, you must stop using the Application.

27. Contact

For questions about these Terms, contact us at:

Abilitya Srl
Email: support@abilitya.tech
Address: Via Antonio Baldissera 2, 20129 Milan, Italy