Twitch Extension End User License Agreement (EULA)

1. Scope and Parties

This End User License Agreement ("EULA") applies between the provider named in the Imprint and the end user (viewer or streamer) of the Gleem Twitch Extension ("Extension"). It governs the grant and use of the license to the Extension and applies in addition to Gleem's general Terms of Service. In case of any conflict between this EULA and the Terms of Service, this EULA prevails for matters concerning use of the Extension.

2. Grant of License

The provider grants the end user a non-exclusive, non-transferable license, revocable at any time, to install, activate, and use the Extension as intended within the Twitch platform and in the manner provided by Twitch. This right of use includes, in particular, interacting with the features offered within the Extension (including Treats, the Trigger Queue, the Community Leaderboard, and In-Extension Post Reveals) in accordance with the then-current Gems Usage Policy. No further rights are granted, in particular no rights to the provider's source code, trademarks, or other intellectual property.

3. Usage Restrictions

The end user agrees, in particular, not to:

• reverse engineer, decompile, or disassemble the Extension, except to the extent expressly permitted by mandatory law;
• copy, redistribute, sublicense, or otherwise make the Extension or any part of it available to third parties;
• use automated means (bots, scripts, macros) to trigger Extension features or to obtain or spend Gems;
• circumvent or manipulate technical protection measures of the Extension or of Twitch; or
• use the Extension abusively, fraudulently, or in a manner that violates applicable law, the Twitch Community Guidelines, the Twitch Extension Guidelines, or this EULA.

A breach of these usage restrictions entitles the provider to revoke the license under Section 7 and to block access to the Extension.

4. Relationship to Twitch

The Extension operates within the technical infrastructure provided by Twitch Interactive, Inc. ("Twitch"). Use of Twitch itself is additionally, and in priority, governed by the Twitch Terms of Service, the Twitch Extension Guidelines, and, where applicable, the Twitch Developer Agreement. Twitch is not a party to this EULA and bears no responsibility for the Extension or for the content and services offered through it. The acquisition and use of Twitch Bits within the Extension is governed by Twitch's own terms.

5. Data and Privacy

In operating the Extension, the provider processes, in particular, the opaque user ID and channel ID supplied by Twitch, as well as information about Gems acquired via Bits and spent within the Extension and the interactions they trigger (e.g. Treats, Trigger Queue entries, leaderboard standing, Post Reveals). Details on which data is collected, for what purpose, and for how long it is retained are set out in the Privacy Policy, which applies in addition to this EULA.

Streamers can connect their own tools through the Gleem Developer API. Interactions you trigger through the extension are transmitted to those tools, including your display name, your Twitch ID and your messages, so the streamer can react to them on stream, for example with an on-screen alert or by reading your message aloud. Section 8 of the Privacy Policy has the details.

6. Warranty and Liability

The Extension is provided free of charge. For this free provision, the provider gives no warranty as to any particular availability, error-free operation, or uninterrupted functionality of the Extension, in particular to the extent its functionality depends on the availability of the Twitch platform. The provider is liable without limitation for damages arising from injury to life, body, or health, and for damages caused by intent or gross negligence. For slightly negligent breaches of material contractual obligations (cardinal obligations) — those whose fulfillment is essential to the proper use of the Extension and on whose observance the end user was entitled to rely — liability is limited to foreseeable damage typical for this type of contract. Liability for slightly negligent breaches is otherwise excluded. The above limitations do not apply to claims under the German Product Liability Act (Produkthaftungsgesetz).

7. Term and Termination

The license applies for as long as the Extension is activated and installed on the respective channel. It ends automatically once the streamer deactivates or uninstalls the Extension, Twitch removes it from the channel, or Twitch discontinues the Extension altogether. The provider may otherwise revoke the license with effect for the future, in particular in the event of a breach of Section 3 of this EULA. Once the license ends, the right to use the Extension ceases; Gems already acquired and their continued usability remain governed by the Gems Usage Policy.

8. Governing Law

This EULA is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which the end user is habitually resident remain unaffected. If the end user is a consumer, jurisdiction follows the applicable statutory rules; otherwise, to the extent legally permissible, jurisdiction lies with the courts at the provider's registered seat as stated in the Imprint.