Terms of Service

Effective date: October 24, 2025 · Version: 1.0.0

Application: These Terms apply to Mix It Up version 1.4.0.0 and later.

These Terms of Service (the “Terms”) govern your access to and use of the Mix It Up websites, online services, desktop and mobile applications, browser extensions, developer tools, APIs/SDKs/CLIs, and related documentation and community spaces (collectively, the “Services”) provided by Blazing Cacti LLC (“Blazing Cacti,” “we,” “us,” or “our”). By using the Services, you agree to these Terms.

Read these Terms together with our Privacy Policy and (for the desktop app) our End User License Agreement (EULA).

1. Eligibility and Account Registration

You must be at least 13 years old (or the age of digital consent in your region, if higher). If you are between 13 and the age of majority in your jurisdiction, you may use the Services only with the consent of a parent or legal guardian.
Keep your account credentials confidential and secure. You are responsible for activity under your account.

2. Scope of Services; Third-Party Integrations

The Services include integrations with Twitch, YouTube, Discord, Kick, and Velora, and other third-party platforms. Your use of those platforms is governed by their terms and policies.
You authorize us (and the desktop client, where applicable) to access third-party APIs and data you explicitly connect and consent to.
We are not liable for availability, quality, or changes made by third-party providers.

3. Acceptable Use and Community Standards

Don’t misuse the Services. Prohibited behavior includes: spamming; reverse engineering (except where permitted by law); circumventing access controls; exporting or scraping data in violation of platform or user permissions; using automation to mislead, defraud, or violate third-party rules.
You must comply with our Code of Conduct.
You are responsible for notices/consents with your audience where you collect or process their data via the Services.

4. Software License and Updates

We grant you a nonexclusive, nontransferable, revocable, limited license to use our client software solely in accordance with these Terms and any applicable EULA.
The desktop client may automatically check for and download updates. Preview builds may be unstable and are provided “as is.”
Some components are licensed under open-source licenses. See Third-Party Notices.

5. Paid Features; Patreon Memberships

The Services are currently provided without direct charge by Blazing Cacti. Certain features are or may become available only to users with an active, linked Patreon membership at a qualifying tier.
All payments are made to Patreon under Patreon’s own terms. Patreon is the merchant of record: billing, renewals, refunds, chargebacks, and payment disputes are governed by Patreon’s terms and policies, and Blazing Cacti never receives your card or bank details.
Membership-linked features deactivate when your Patreon membership lapses or is unlinked. Data associated with membership-linked features is handled as described in the Privacy Policy, including the Cloud Sync retention rules.
If we later offer purchases billed directly by Blazing Cacti, the terms of purchase (including renewal, cancellation, and refunds) will be presented at checkout.

6. APIs, Rate Limits, and Developer Policies

Use the Developer API and SDKs only as documented. We may impose rate limits or require API keys. Don’t attempt to bypass limits or scrape.
We may revoke or limit keys at any time for abuse, security, or performance reasons.

7. Privacy; Data Processing

Our collection and use of personal information is described in our Privacy Policy.
For audience data processed on your behalf (e.g., chat logs, events), we act as your service provider/processor. Our Data Processing Addendum (DPA) is available.

8. Intellectual Property; Feedback

We own the Services, including software, documentation, and our Marks. See the Trademark Policy for brand use.
If you provide feedback, you grant us a perpetual, irrevocable license to use it without obligation.

9. Your Content

Your Content. You retain ownership of the overlays, commands, scripts, files, settings, and other materials you create or upload in connection with the Services (“User Content”). You grant Blazing Cacti a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (solely for technical purposes such as formatting), and display User Content solely to operate, provide, secure, and improve the Services. This license ends when you delete the relevant User Content or your data, subject to the backup cycles described in the Privacy Policy. If you submit content to Community Commands or another sharing surface we operate, you additionally grant us and other users of the Services a non-exclusive, royalty-free license to host, distribute, and use that submission within the Services, and you represent that you have the rights necessary to grant it.

10. DMCA; Repeat Infringers

See our DMCA Copyright Policy. We may terminate accounts for repeat infringement.

11. Security; Prohibited Testing

Report vulnerabilities privately to security@mixitup.bot. Do not probe or attempt to access non-public systems without our written permission.
You must not introduce malware, attempt to DDoS, or otherwise interfere with the Services.

12. Consumer Rights

Consumer Rights. Nothing in these Terms limits any non-waivable rights you hold under the mandatory consumer-protection law of your place of residence. If mandatory local law conflicts with these Terms, the mandatory law prevails for that transaction to the extent of the conflict.

13. Termination and Suspension

We may suspend or terminate access for violations of these Terms, risk to the Services, legal compliance, or nonpayment.
You may stop using the Services at any time. Certain obligations survive termination (for example, indemnity, limitation of liability).

14. Disclaimers; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES 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.

15. Indemnification

You will indemnify and hold harmless Blazing Cacti LLC and its affiliates, officers, employees, and agents from claims arising from your use of the Services or violation of these Terms.

16. Governing Law; Dispute Resolution

Governing Law; Dispute Resolution; Arbitration.

(a) Governing law. This Agreement is governed by the laws of the State of Nevada and applicable U.S. federal law, without regard to conflict-of-laws principles.

(b) Informal resolution. Before filing a claim, you agree to contact us at info@mixitup.bot and attempt in good faith to resolve the dispute informally for 30 days.

(c) Binding arbitration. Except as provided in (d)–(f), any dispute arising out of or relating to this Agreement or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Clark County, Nevada, before a single arbitrator, on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction. Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules.

(d) Small-claims carve-out. Either party may bring an individual claim in small-claims court in Clark County, Nevada, or in your county of residence, instead of arbitration.

(e) Injunctive relief. Either party may seek injunctive or other equitable relief in the state or federal courts located in Clark County, Nevada for actual or threatened infringement or misuse of intellectual property or breach of confidentiality, and both parties consent to personal jurisdiction and venue there for that purpose.

(f) 30-day opt-out. You may opt out of this arbitration provision by emailing legal@mixitup.bot with the subject “Arbitration Opt-Out,” your name, and the email associated with your use of the Services, within 30 days of first accepting this Agreement. Opting out of arbitration does not affect any other provision of this Agreement.

(g) Class action and jury waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND BLAZING CACTI EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Claims may be brought only in an individual capacity. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in the courts identified in (e), and the waiver remains enforceable as to all other claims.

(h) Batching. If 25 or more similar arbitration demands are filed against Blazing Cacti by the same or coordinated counsel, the parties agree the AAA will administer them in batches of up to 50, with a single set of filing fees per batch per side, and the parties will cooperate in selecting bellwether proceedings before remaining batches advance.

(i) Court forum for non-arbitrable disputes. Any dispute not subject to arbitration under this Section will be brought exclusively in the state or federal courts located in Clark County, Nevada, and the parties consent to personal jurisdiction and venue there.

17. Export Control and Sanctions

You must comply with U.S. export control and sanctions laws. You represent you are not located in, under the control of, or a national/resident of any embargoed or sanctioned country or on any U.S. government list.

18. Changes to the Services and Terms

We may modify the Services or these Terms. For material changes, we will provide notice (for example, in-product or via email) at least 15 days before they take effect, unless immediate changes are required by law or for security. New versions of these Terms are presented for acceptance in the application; the version you accepted governs until you accept a newer one.

19. Precedence with EULA (Desktop)

The EULA governs your use of the Desktop Software. These Terms govern your use of the Services. If there is a conflict, the product-specific document prevails for its scope.

20. Miscellaneous

Entire agreement; severability; assignment; no waiver. If any provision is unenforceable, the remainder remains in effect. Contact: Blazing Cacti LLC, 9750 W. Skye Canyon Park Dr., Ste. 160 – #161, Las Vegas, NV 89166, USA; info@mixitup.bot.

Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet or utility failures, or acts of government.

21. 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.

Changelog

v1.0.0 (October 24, 2025): Initial published version of the consolidated Mix It Up legal suite.

This version supersedes any privacy policy or terms previously displayed on this site.