Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing or using ModStream's services, website, or applications (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2. Description of Service

ModStream provides live stream moderation services for content creators on platforms including but not limited to WhatNot and TikTok. Our services include:

  • On-demand professional moderation for live streams
  • Subscription-based moderation packages
  • Booking and scheduling tools
  • Dashboard for managing moderation sessions

3. User Accounts

3.1 Account Creation

To use certain features of our Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized access to your account.

3.3 Account Types

ModStream offers different account types including User (content creator), Agent (moderator), and Admin accounts, each with different permissions and responsibilities.

4. Booking and Payment Terms

4.1 Booking Sessions

Users may book moderation sessions through our platform. All bookings are subject to moderator availability. We reserve the right to assign moderators at our discretion.

4.2 Pricing

Prices for our services are displayed on our website and may vary based on subscription plans and booking duration. We reserve the right to change prices at any time with reasonable notice.

4.3 Payment

Payments are processed through our third-party payment processor, Stripe. By making a payment, you agree to Stripe's terms of service. All payments are non-refundable except as specified in our cancellation policy.

4.4 Subscriptions

Subscription plans automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings. Unused hours do not roll over to the next billing period unless specified in your plan.

5. Cancellation Policy

Bookings may be cancelled according to the following policy:

  • Cancellations made 24+ hours before the session: Full refund
  • Cancellations made 12-24 hours before the session: 50% refund
  • Cancellations made less than 12 hours before the session: No refund

6. User Conduct

You agree not to:

  • Use our Service for any illegal purpose or in violation of any laws
  • Harass, abuse, or harm moderators or other users
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service to stream content that violates platform guidelines
  • Share your account credentials with others

7. Moderator Terms

If you are a moderator (Agent) using our platform, additional terms apply:

  • You must maintain professional conduct during all moderation sessions
  • You must follow the moderation guidelines provided by ModStream
  • You are responsible for maintaining your availability calendar accurately
  • Compensation terms are outlined in your separate Moderator Agreement

8. Intellectual Property

The Service and its original content, features, and functionality are owned by ModStream and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

9. 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 THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODSTREAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES.

11. Indemnification

You agree to indemnify and hold harmless ModStream and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

13. Dispute Resolution

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14. Contact Information

If you have any questions about these Terms, please contact us at:

  • Email: legal@modstream.com
  • Address: 123 Stream Street, San Francisco, CA 94105