Effective date: October 24, 2025 · Version: 1.0.0
Application: This EULA applies to Mix It Up version 1.4.0.0 and later.
This End User License Agreement (“EULA”) governs your use of the Mix It Up desktop software and related components (the “Software”) provided by Blazing Cacti LLC (“Blazing Cacti,” “we,” “us,” or “our”). If you do not agree to these terms, do not install or use the Software. You must meet the eligibility requirements in our Terms of Service to use the Software.
Read this EULA together with our Terms of Service and Privacy Policy.
1. License Grant and Restrictions
- License: We grant you a personal, limited, revocable, nonexclusive, nontransferable license to install and use the Software on devices you own or control.
- Restrictions: You may not (and may not permit others to) reverse engineer, decompile, or disassemble the Software except as permitted by law; remove or alter proprietary notices; rent, lease, lend, sell, or sublicense the Software; or use the Software to provide time-sharing or similar services.
- Open Source: Certain components may be provided under separate open-source licenses. To the extent of any conflict, the open-source license terms control for those components. See Third-Party Notices.
- Relationship to the Source-Available License. The Software as distributed in binary form (installers, releases, and updates) is licensed to you under this EULA. Source code made available in the Mix It Up Desktop repository is licensed exclusively under the Mix It Up Source-Available License (MSAL); the MSAL, not this EULA, governs your use of that source code.
2. Ownership; No Sale
The Software is licensed, not sold. Blazing Cacti retains all rights, title, and interest in and to the Software and all related intellectual property rights.
3. Updates and Preview Builds
The Software may automatically check for and download updates. Some updates may be required to continue using the Software. Preview builds may contain experimental features and are provided “as is” without warranties.
4. Data; Privacy; Telemetry
- The Software processes data you provide (for example, configurations, overlays, commands) and, if you connect third-party accounts, data retrieved from those services according to the permissions you grant.
- The desktop app stores most user data locally on your device under your control. Online features may process and store data in our services. See the Privacy Policy.
- Telemetry and crash reports may be collected to improve the Software. You can opt out where provided in settings. See the Privacy Policy and Telemetry documentation.
4.1 Local Data; Cloud Sync
Local data; Cloud Sync. Data created or collected through the applications (including audience and chat data received through your connected platforms) is stored locally on your device by default, and you are solely responsible for its retention and deletion. If you enable Cloud Sync (available to qualifying Patreon members), the data you select — which may include your settings and, where offered, audience and event data — is stored on our United States servers as described in the Privacy Policy, associated with your linked platform identity, and encrypted at rest. Cloud Sync data is deleted when you request deletion and, in any event, 180 days after your qualifying Patreon membership lapses.
5. Third-Party Services and Integrations
Integrations with Twitch, YouTube, Discord, Kick, and Velora are subject to those platforms’ terms and APIs. We are not responsible for the acts or omissions of third parties. Some features require third-party client software (for example, OBS) and appropriate permissions. You are responsible for ensuring your use complies with applicable rules.
6. Payment; Subscriptions; Trials (if any)
If the Software or certain features require payment, the terms of purchase (including auto-renewal, cancellation, and refunds) will be presented at checkout and are incorporated by reference. Where hosted by us, our Terms of Service apply.
7. Export Control and Sanctions
You must comply with U.S. export control and sanctions laws and may not download or use the Software if you are located in a country subject to U.S. embargo or if you are on a U.S. government restricted list.
8. Termination
This EULA is effective until terminated. Your rights automatically terminate without notice if you fail to comply with any term of this EULA. Upon termination, you must stop using and uninstall the Software and destroy all copies.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLAZING CACTI OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SOFTWARE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID US (IF ANY) IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD $100.
Nothing in this section limits liability that cannot be limited by applicable law, including liability for gross negligence, willful misconduct, or death or personal injury caused by negligence, or affects any non-waivable statutory rights you hold as a consumer.
11. Indemnity
You agree to indemnify and hold harmless Blazing Cacti and its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses arising from your use of the Software or breach of this EULA.
12. Governing Law; Dispute Resolution
The dispute-resolution terms of the Mix It Up Terms of Service (governing law, informal resolution, binding AAA arbitration seated in Clark County, Nevada, small-claims carve-out, injunctive-relief carve-out, 30-day opt-out, and class-action and jury waivers) apply to this EULA and are incorporated by reference.
13. U.S. Government End Users
The Software and documentation are “Commercial Items” as defined in FAR 2.101 and are licensed to U.S. Government end users as commercial computer software subject to this EULA and 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable.
14. Miscellaneous
This EULA constitutes the entire agreement between you and Blazing Cacti regarding the Software and supersedes all prior agreements or communications on the subject. If any provision is unenforceable, the remainder remains in effect. We may assign this EULA. You may not assign without our prior written consent. No waiver is effective unless in writing.
Contact: Blazing Cacti LLC, 9750 W. Skye Canyon Park Dr., Ste. 160 – #161, Las Vegas, NV 89166, USA; info@mixitup.bot.
Changelog
- v1.0.0 (October 24, 2025): Initial published version of the consolidated Mix It Up legal suite.