Darlivo Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Darlivo mobile applications, websites, and related services (collectively, the “Services”). By creating an account or using the Services, you agree to these Terms.

1. Acceptance of Terms

By accessing or using the Services, you confirm that you can enter a binding contract with Darlivo and agree to comply with these Terms and any policies referenced here (including our Privacy Policy and community guidelines). If you do not agree, do not use the Services.

2. Eligibility

• You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services.
• You may not use the Services if you are prohibited by applicable law or have been previously suspended or removed by Darlivo.

3. Accounts & Security

• Provide accurate registration information and keep it current.
• You are responsible for safeguarding your login credentials and for all activities under your account.
• Notify us immediately at [email protected] if you suspect unauthorized use.
• We may require identity verification (e.g., KYC) for certain features such as payouts.

4. Privacy

Your privacy matters. Our Privacy Policy explains how we collect, use, and share information. By using the Services, you consent to our data practices as described there.

5. App Features & Virtual Items (Gifts, Boosts & Coins)

Certain features include livestreaming, private chat games, posts, and in-app virtual items (e.g., gifts, coins, boosts). Virtual items have no real-world monetary value and are licensed, not sold. Darlivo may modify, suspend, or discontinue virtual items and features at any time.

6. Earnings & Payouts (Creators)

Subject to eligibility, you may earn rewards based on virtual gifts you receive. Payouts may be facilitated by third-party processors (e.g., PayPal, eSewa, Khalti) and may require identity verification and meeting minimum thresholds.

• Eligibility & Verification: We may require KYC checks and compliance with anti-fraud, AML, and sanctions screening.
• Thresholds & Timing: Minimum withdrawal amounts and processing times will be disclosed in-app and may vary by region and method.
• Fees: Third-party fees, currency conversion, or platform fees may apply. Amounts paid to you are net of such fees unless otherwise stated.
• Taxes: You are responsible for any taxes due on earnings. We may issue forms or reports where required by law.
• Adjustments: We may withhold or reverse payouts for suspected fraud, chargebacks, policy violations, or operational errors.

7. Payments, Subscriptions & Refunds

• Purchases (e.g., coins, boosts, subscriptions) may be processed by app stores or payment partners; their terms and refund policies may apply.
• Except where required by law, all purchases of virtual items are final and non-refundable.
• Recurring subscriptions renew automatically unless you cancel before the renewal date via the app store or account settings.

8. Live Streaming, Safety & Community Guidelines

You agree to follow our community guidelines and local laws while streaming or interacting with others. We prohibit, without limitation:

• Harassment, hate, threats, doxxing, or explicit sexual content involving minors.
• Illegal content, incitement to violence, or exploitation.
• Impersonation, spam, scams, or deceptive behaviors.
• Sharing others’ private information without consent.

We may moderate, remove, or restrict content and accounts to protect users and comply with law.

9. Your Content & License to Darlivo

You retain ownership of content you create (“User Content”). By posting, you grant Darlivo a worldwide, non-exclusive, royalty-free license to host, store, use, reproduce, adapt, publish, translate, display, distribute, and create derivative works from your User Content solely for operating, improving, promoting, and providing the Services. You represent you have all rights needed to grant this license and that your content complies with law and our policies.

10. Prohibited Conduct

You agree not to:

• Use the Services for unlawful purposes or to violate any rights.
• Interfere with or disrupt the Services, including by introducing malware or scraping without permission.
• Bypass access controls, abuse reporting tools, or manipulate metrics.
• Use automated tools to create accounts or send messages except as expressly permitted.

11. Intellectual Property; Notices

The Services, including trademarks, logos, code, and designs, are owned by Darlivo or its licensors and are protected by law. If you believe content infringes your rights, email [email protected] with: (a) your contact information; (b) a description and location (URL) of the material; (c) a statement of good-faith belief; and (d) a statement, under penalty of perjury, that you are authorized to act. We may remove or disable access to alleged infringing content and, where appropriate, terminate repeat infringers.

12. Third-Party Services

The Services may integrate third-party content, SDKs, or payment providers. Darlivo is not responsible for third-party terms, privacy practices, or performance. Your use of such services is at your own risk and may be governed by separate terms.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DARLIVO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE, OR THAT CONTENT WILL BE ACCURATE OR SECURE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DARLIVO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. DARLIVO’S TOTAL LIABILITY FOR ANY CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO DARLIVO IN THE 6 MONTHS PRECEDING THE CLAIM OR (B) USD $100.

15. Indemnification

You agree to indemnify and hold harmless Darlivo and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services or your violation of these Terms or applicable law.

16. Suspension & Termination

We may suspend or terminate your account, or remove content, at any time if we believe you have violated these Terms, our policies, or applicable law, or to protect the Services or users. You may stop using the Services at any time. Certain provisions survive termination (including Sections 9–15, 17–19).

17. Governing Law & Dispute Resolution

These Terms and any disputes arising out of them are governed by the laws of Nepal, without regard to its conflict of laws rules. You agree to the exclusive jurisdiction and venue of the courts located in Kathmandu, Nepal, unless applicable law requires otherwise.

Optional arbitration clause (replace if undesired): Any dispute will be resolved by binding arbitration administered by Social Media Act under its rules. You waive any right to participate in a class action, to the maximum extent permitted by law.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (e.g., by email, in-app notice, or posting on our website). The updated Terms will be effective when posted unless stated otherwise. Your continued use of the Services after changes become effective constitutes acceptance.

19. Country-Specific Terms

Additional terms may apply based on your country or region (e.g., consumer rights, cooling-off periods). Where required, such terms will prevail in case of conflict.

20. Contact

Questions about these Terms? Reach us at [email protected].

21. Definitions

• “Services” means Darlivo’s apps, websites, and related offerings.
• “Virtual Items” means in-app items such as gifts, coins, and boosts.
• “User Content” means content you create, upload, or stream.