Terms of Service

Welcome to FenSkald (accessible from https://fenskald.com). By accessing or using our website, tools, overlays, and streaming widgets (collectively, the "Service"), you agree to comply with and be bound by the following Terms of Service.

If you disagree with any part of these terms, you must not use our Service.

1. Eligibility and Use of Service

To use FenSkald, you must meet the following requirements:

• Be at least 13 years old (or the minimum legal age required in your country of residence to consent to personal data processing).
• Have the legal capacity to enter into a binding contract.
• Be the legitimate owner of or have express authorization to link and use the third-party streaming accounts connected to your FenSkald profile.

2. Third-Party Service Integrations

FenSkald provides integration tools with third-party platforms and services like Twitch, Kick, YouTube, and Spotify.

• Third-Party Terms: The use of third-party integrations is subject to the Terms of Service, Developer Agreements, and Guidelines of each respective platform. It is your responsibility to ensure compliance with their policies when using FenSkald.
• YouTube API Services: Our Service interacts with YouTube to enable stream and chat synchronization. By connecting your YouTube account to FenSkald, you explicitly agree to be bound by the YouTube Terms of Service located at https://www.youtube.com/t/terms, as well as Google's privacy policies at http://www.google.com/policies/privacy.
• Twitch Integration: By connecting your Twitch account, you agree to comply with Twitch's Terms of Service and Developer Guidelines.
• Kick Integration: By using the Kick integration, you agree to be bound by Kick's Terms of Service and community rules.
• Spotify Integration: Our Song Request widget connects with Spotify. By using it, you confirm your acceptance of Spotify's Terms and Conditions. You agree not to use this widget to request or stream content that infringes on third-party copyrights.
• Independence: FenSkald is an independent platform and is not affiliated with, sponsored by, or endorsed by Twitch Interactive, Inc., Kick, Google LLC, YouTube, or Spotify AB. We are not responsible for account suspensions on those platforms, third-party API failures, or technical changes that temporarily or permanently affect our widgets.

3. Nature of Digital Goods and Subscriptions

FenSkald is a Software-as-a-Service (SaaS) platform. We offer free plans and premium subscription plans ("FenSkald PRO") that grant access to interactive widgets and stream overlays.

• Digital and Intangible Goods: All of our products, templates, widgets, and overlays are intangible digital goods accessed immediately via the internet. By purchasing access, you are not purchasing any physical goods or hardware. No physical shipping is performed.
• Registration: You are responsible for maintaining the confidentiality of your session and all activities occurring under your account.
• Third-Party Payment Management (Merchant of Record): Payments and billing for premium subscriptions are processed and managed by Tebex (Tebex.io), acting as Merchant of Record. The contract of sale is between Tebex and you; FenSkald provides the service but is not a party to that sale. By purchasing you are bound by both these terms and Tebex's terms.
• Cancelations and Renewals: Subscriptions are automatically billed on a recurring basis (monthly or annually) according to the chosen cycle. You can cancel your automatic renewal at any time from your settings panel. Cancelation will prevent future charges, but you will retain PRO benefits until the end of the current billing cycle.
• Refund Policy: The criteria we use to review and recommend a refund are set out in our Refund Policy. Because Tebex is the seller, the decision on any refund and on the exercise of the right of withdrawal rests with Tebex and is governed by their terms, not ours.

4. User Conduct, Restrictions, and Penalties

You agree to use the Service only for lawful purposes and in accordance with these Terms. It is strictly prohibited to:

Termination and Chargebacks Clause: FenSkald reserves the right to immediately suspend, deactivate, or terminate your account and permanently revoke all of your OBS widget URLs (making them stop working on your stream) upon any violation of these restrictions. Furthermore, initiating a fraudulent chargeback, unjustified bank payment dispute, or any attempt of payment gateway fraud will result in the immediate cancelation of your account, permanent revocation of your widgets, and a lifetime ban from using FenSkald services.

• Software Use Restrictions: You may not resell, sub-license, redistribute, rent, or transfer any of our widget designs, CSS styling, or visual assets to third parties. Reverse engineering, decompiling, disassembling, or attempting to extract the source code of the site or widgets is strictly prohibited.
• Illegal Content: Use widgets and overlays to display or transmit content that is illegal, threatening, harassing, defamatory, obscene, hateful, or infringes upon the intellectual property rights of third parties.
• System Integrity: Perform denial of service attacks (DoS/DDoS), spamming, scraping, or attempt unauthorized access to our servers, database, or other users' accounts.
• Circumvention of Limits: Circumvent free plan restrictions (e.g., trying to activate more than 4 widgets using multiple accounts or injecting scripts).

5. Intellectual Property

The Service and its original contents (excluding content provided by users or third-party chats and brands), features, and functionality are and will remain the exclusive property of FenSkald and its licensors. Our brand, logos, widget code, and overlay designs are protected by copyright and intellectual property laws.

6. Limitation of Liability and Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

In no event shall FenSkald, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of (or inability to access or use) the Service.

• The Service will be uninterrupted, secure, or available at any particular time or location (especially since we rely on third-party API quotas like YouTube which can be exhausted).
• Any errors or defects will be corrected immediately.
• Widgets will load without any delay during extreme chat traffic spikes.

7. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the country where the operating company is incorporated, without regard to its conflict of law provisions. Any legal dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the competent courts of that jurisdiction.

8. Donations through PayPal

FenSkald lets creators on the PRO plan publish a donation page and receive payments through PayPal. FenSkald plays no part in those payments.

• FenSkald is not a party to the transaction: payment is made directly from the donor's PayPal account to the creator's. FenSkald never receives, holds or transmits those funds, and takes no commission on them. Any fees charged by PayPal are PayPal's own.
• Responsibility for the configured account: the creator is solely responsible for the PayPal email address they enter. If it is wrong, the funds go to whoever holds that address and FenSkald can neither recover them nor be held liable.
• Tax and legal obligations: donations received are the creator's income. Declaring them and complying with the applicable tax, consumer and fundraising rules is the creator's sole responsibility.
• Prohibited uses: the donation page may not be used to raise funds for unlawful purposes, to impersonate another person or entity, or to offer goods or services in exchange for a donation in a way that breaches PayPal's policies. FenSkald may take down a page that breaches this.
• Donor messages: the text a person writes when donating may be displayed on the creator's stream. That content is supplied by a third party and is neither generated nor pre-screened by FenSkald. The creator has controls to cap its length, require a minimum amount and filter words, and is responsible for what they choose to show on their channel.
• Availability: the donation page is a PRO plan feature. If the subscription lapses, it stops being published.

9. Contact Us

If you have any questions about these Terms of Service, you can contact us at: support@fenskald.com.