These Terms of Use (the "Terms") govern access to and use of the Kappapps platform (the "Service"), published by Kappapps / AProds (see the legal notice). The financial terms for the sale of subscriptions are governed by the Terms of Sale. This is a courtesy translation; the French version prevails.
1. Purpose
Kappapps is an online platform for Twitch streamers, allowing them to install a catalogue of applications (games and tools) on their channel to enrich their stream and viewer engagement. These Terms set out the conditions for accessing and using the Service.
2. Definitions
- Channel: a Twitch channel connected to the platform by a streamer.
- Appli: a catalogue application (game or tool), created by a developer, installable on a Channel.
- ChannelAppli: an instance of an Appli installed on a given Channel.
- Player / Viewer: a Twitch viewer participating on a Channel, with internal currency and an inventory.
- Virtual currency: internal points, with no real monetary value, used within the Service.
- User: any person accessing the Service, whether streamer, viewer or developer.
3. Acceptance of the Terms
Use of the Service implies full and unreserved acceptance of these Terms. By creating an account or using the Service, the User acknowledges having read, understood and accepted the Terms. If the User does not accept the Terms, they must refrain from using the Service.
4. Access and closed beta
The Service is currently offered as a closed beta. Access to management features (creating and administering a Channel) is subject to prior, individual authorisation by the publisher (invitation / access request). The publisher reserves the right to grant, refuse, suspend or withdraw such access at its discretion.
During the beta phase, the Service is provided "as is" and may contain limitations, malfunctions and frequent changes. Some features may be added, modified or removed without notice.
5. Sign-up and account
Sign-in to the Service is performed through Twitch authentication (OAuth). The User is responsible for keeping their credentials confidential and for any activity carried out from their account. The User undertakes to provide accurate information and keep it up to date. Any unauthorised use must be reported to the publisher without delay.
6. Description of the Service
The Service provides an installable catalogue of Applis, stream overlays, an event and automation system connected to Twitch webhooks, an internal currency for Players, items and rewards, and various features (including AI-assisted features). The scope of accessible features may depend on the subscription plan taken out (see the Terms of Sale).
7. Internal virtual currency
The internal currency (points) granted to Players is a virtual unit with no real monetary value. It cannot be purchased with real money, converted into money, exchanged, refunded or transferred outside the Service. It may only be used within the Service (for example to acquire items configured by the streamer). The publisher and streamers may adjust, cap or reset these points at any time.
8. User content
The User may upload or generate content (media, text, requests sent to AI features, configurations, etc.). The User warrants that they hold the necessary rights to such content and that it does not infringe third-party rights or the law.
The User retains ownership of their content and grants the publisher a non-exclusive, royalty-free licence to host, reproduce, display and distribute it solely to the extent necessary to operate the Service. The publisher reserves the right to remove any manifestly unlawful content or content contrary to these Terms.
9. Code of conduct
The User must not, in particular:
- post unlawful, hateful, defamatory, violent, pornographic content or content infringing third-party rights;
- attempt to circumvent security measures, access unauthorised data or disrupt the Service;
- use the Service for fraudulent purposes or to abusively collect viewer data;
- breach the terms of Twitch or other integrated third-party services.
10. Third-party apps and developers
The catalogue includes Applis created by third-party developers via the developer portal. Those developers are responsible for the Applis they publish. The publisher is not the author of such third-party content and cannot be held liable for its operation or compliance, without prejudice to its moderation and removal rights. Developers undertake to comply with these Terms and with any specific conditions of the developer portal.
11. Intellectual property
The platform, its code, its design system, its application SDK and its trademarks are protected and remain the property of the publisher (see legal notice). Nothing in these Terms transfers any intellectual property rights to the User, other than a personal, non-exclusive right to use the Service for its duration.
12. Personal data
The processing of personal data within the Service is described in the Privacy Policy and the Cookie Policy.
13. Availability and changes
The publisher endeavours to ensure the availability of the Service but does not guarantee continuous, uninterrupted access. The Service may be temporarily suspended for maintenance, updates or in the event of force majeure. The publisher may modify the Service, its features and its third-party integrations (including Twitch, Discord, OBS, Pusher, as well as AI and text-to-speech providers) at any time.
14. Liability
As the Service is provided notably during a beta phase, the publisher does not warrant that it is error-free or fit for a particular purpose. To the extent permitted by law, the publisher shall not be liable for indirect damage, loss of data, revenue or virtual currency, nor for acts attributable to the User, third parties or third-party services. Nothing in these Terms is intended to exclude or limit the publisher's liability where the law prohibits it (in particular in cases of gross or wilful misconduct, or infringement of consumer rights).
15. Suspension and termination
In the event of a breach of these Terms, the publisher may suspend or terminate the User's access, where possible after a formal notice has gone unheeded, except for a serious breach justifying an immediate measure. The User may stop using the Service at any time and request deletion of their account. The conditions for terminating paid subscriptions are set out in the Terms of Sale.
16. Amendments to the Terms
The publisher may amend the Terms to reflect changes to the Service or to applicable regulations. Users will be informed of material changes by any appropriate means. Continued use of the Service after the new Terms take effect constitutes acceptance thereof.
17. Governing law and disputes
These Terms are governed by French law. In the event of a dispute, an amicable solution will be sought first. Consumers may use a consumer mediator free of charge (see the Terms of Sale) or the European online dispute resolution platform: ec.europa.eu/consumers/odr. Failing an amicable resolution, the competent courts will be determined in accordance with the applicable legal rules.