Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website apiq.live, the APIQ advertiser and streamer accounts at app.apiq.live, the APIQ OBS plugin, browser extensions, mobile and mini apps, APIs and any related services (together, the "Platform"). Please read them carefully. By opening an account, clicking "I agree", or using the Platform, you accept these Terms. If you do not accept them, do not use the Platform.

1. Who we are

1.1. The Platform is operated by the APIQ company that is your contracting party under section 1.2 ("APIQ", "we", "us"):

• APIQ Turkey Medya Teknolojileri Limited Şirketi, Esentepe Mah. Keskin Kalem Sk. Arya Plaza No: 17 İç Kapı No: 2, 34394 Şişli / İstanbul, Türkiye, tax ID 0711004415, Istanbul Trade Registry no. 1001158, for users established in Türkiye;
• APIQ Inc., a corporation registered in Wyoming, 30 N Gould St, Ste R, Sheridan, Wyoming 82801, United States, EIN 35-2837986, for all other users.

Email for both companies: [email protected].

1.2. Your contracting party is determined by the country in which you (or the company you represent) are established, unless your order, contract or other written agreement names a different APIQ company.

2. Which terms apply to you

2.1. These Terms apply to everyone who uses the Platform, including visitors of the website.

2.2. In addition, advertising campaigns and showing advertising in streams are governed by the terms of your order, advertising contract or streamer agreement, or by the terms you accept in your account (together, "Specific Terms"). Our Privacy Policy explains how we process personal data, including cookies.

2.3. If these Terms conflict with Specific Terms, the Specific Terms prevail, but only for the matters they expressly cover.

2.4. Your own purchase orders, terms and conditions or similar documents do not apply, even if we do not object to them or accept an order that refers to them, unless an authorised representative of APIQ signs them and expressly agrees that they override these Terms.

3. Eligibility

3.1. You must be at least 18 years old, or older if the law of your country requires it, and have full legal capacity to enter into a contract. The Platform is not intended for children.

3.2. If you use the Platform on behalf of a company, you confirm that you are authorised to bind that company, and "you" refers to that company as well.

3.3. You may not use the Platform if you are subject to sanctions administered by the United Nations, the European Union, the United Kingdom, the United States or Türkiye, or if you are established, or act on behalf of someone established, in a country or territory subject to comprehensive sanctions.

3.4. We may verify your identity, business registration, tax status, channel ownership or bank details at any time, including to comply with anti-money-laundering, tax and payment laws. We may refuse, suspend or close an account if verification is not completed.

4. Your account

4.1. You must provide accurate, complete and up-to-date information and keep it current.

4.2. You may hold only one account per person or company unless we agree otherwise in writing. Accounts are personal and may not be sold, transferred or shared.

4.3. You are responsible for keeping your login details, connection codes and API keys confidential and for everything that happens in your account. Tell us immediately at [email protected] if you suspect unauthorised access.

4.4. You may not use a name or trademark that belongs to someone else without their permission, or a name that is offensive or misleading.

5. Acceptable use

You must not, and must not help anyone else to:

1. break any law or regulation, or the terms of a streaming platform (Twitch, Kick, YouTube, TikTok or any other) that applies to you;
2. generate, buy or report artificial views, clicks, viewers, followers or chat activity, use view bots, view-sharing schemes, hidden or minimised players, or any other method that inflates or falsifies advertising metrics;
3. interfere with, modify, cover, crop, speed up or hide advertising delivered through the Platform, or tamper with our verification, measurement or anti-fraud systems;
4. access the Platform by automated means (bots, scrapers, crawlers) or copy data from it, except through the APIs we provide and within their limits;
5. reverse-engineer, decompile or disassemble the Platform, the OBS plugin or any of our software, except to the extent the law expressly allows this despite this restriction;
6. upload malware, attempt to gain unauthorised access, probe or test the vulnerability of our systems, or overload them (including denial-of-service attacks);
7. impersonate another person or company, or misrepresent your relationship with APIQ;
8. use the Platform to publish or advertise anything that is illegal, infringing, deceptive, hateful, sexually explicit, or that harms minors;
9. use information obtained through the Platform (including prices, rates, streamer lists, statistics and reports) to build a competing product, or disclose it to third parties, except as permitted by these Terms.

6. Our intellectual property

6.1. The Platform, our software (including the OBS plugin and the verification and anti-fraud technology), our website, designs, texts, reports templates, statistics methodology, trademarks and logos belong to APIQ or its licensors and are protected by intellectual property laws.

6.2. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to use the Platform for its intended purpose while your account is active. All rights not expressly granted remain with APIQ.

6.3. You may not use the APIQ name or logo without our prior written consent, except to refer truthfully to the Platform.

7. Your content and feedback

7.1. You keep ownership of content you upload to the Platform (for example creatives, logos, channel information). You grant APIQ a worldwide, royalty-free, non-exclusive licence to host, copy, process, adapt (for technical formatting), transmit, display and distribute that content to the extent needed to operate the Platform, deliver campaigns, verify delivery and prepare reports. Specific Terms may provide for additional licences.

7.2. You are solely responsible for your content and confirm that you hold all rights and permissions needed for it.

7.3. If you send us ideas, suggestions or feedback, we may use them freely and without any obligation to you.

8. Third-party platforms and services

8.1. APIQ is an independent company. It is not affiliated with, endorsed by or a partner of Twitch, Kick, YouTube, TikTok or any other streaming platform, unless we say otherwise in writing. Platform names are trademarks of their owners and are used only to describe compatibility.

8.2. The Platform relies on third-party services (streaming platforms and their APIs, hosting, payment and analytics providers). Their availability, rules and changes are outside our control, and we are not responsible for them. If a streaming platform changes its rules or technology in a way that affects the Platform, we may change or discontinue the affected features.

8.3. Links to third-party websites are provided for convenience only. We are not responsible for their content or practices.

8.4. Notices of illegal or infringing content (including under the EU Digital Services Act and the US Digital Millennium Copyright Act) and requests from authorities can be sent to [email protected], in English. This address is our single point of contact under Articles 11 and 12 of the Digital Services Act.

9. Changes to the Platform; availability

9.1. We continuously develop the Platform and may add, change or remove features at any time.

9.2. We aim to keep the Platform available but do not guarantee uninterrupted or error-free operation. We may suspend access for maintenance, security reasons or to comply with the law.

10. Suspension and termination

10.1. You may close your account at any time by writing to [email protected]. Obligations that arose before closure (including payment obligations) remain in force.

10.2. We may suspend or close your account, stop delivering campaigns, or withhold access to features, with immediate effect, if: (a) you breach these Terms or Specific Terms; (b) we reasonably suspect fraud, artificial traffic, sanctions exposure or other unlawful activity; (c) required by law, a court, an authority or a streaming platform; or (d) your account has been inactive for more than 12 months (if your account holds a balance of earnings, we will first notify you and give you at least 90 days to claim it). In other cases we may close an account with 30 days' notice.

10.3. Sections 5, 6, 7, 11, 12, 13, 14 and 15, and any provision that by its nature should survive, survive termination.

11. Disclaimer

11.1. Information on the website (including examples, case studies, forecasts and statistics) is provided for general information. Results of previous campaigns do not guarantee future results.

11.2. To the maximum extent permitted by law, the Platform is provided "as is" and "as available", and APIQ disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. Commitments about delivery of advertising are given only in Specific Terms.

12. Limitation of liability

12.1. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for wilful misconduct or gross negligence where such liability cannot be limited under the governing law, or any other liability that cannot be limited or excluded under applicable law.

12.2. Subject to section 12.1, APIQ is not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill, data or anticipated savings, or for any loss caused by streaming platforms, third-party services, events outside our reasonable control, or your breach of these Terms.

12.3. Subject to section 12.1, APIQ's total liability arising out of or in connection with the Platform and these Terms in any 12-month period is limited to the fees paid or payable by you to APIQ (if you are an advertiser) or the earnings paid by APIQ to you (if you are a streamer) in the 12 months before the event giving rise to the claim. This limit does not apply to earnings that are due and payable to a streamer under Specific Terms.

12.4. If you are a consumer in the EU, the UK or Türkiye, mandatory consumer protection rules apply in your favour regardless of this section.

13. Indemnity

You will defend, indemnify and hold harmless APIQ, its affiliates, officers, employees and contractors from any third-party claims, fines, losses and costs (including reasonable legal fees) arising from your content, your use of the Platform, or your breach of these Terms or of the law.

14. Governing law and disputes

14.1. If your contracting party is APIQ Turkey Medya Teknolojileri Limited Şirketi, these Terms are governed by the laws of the Republic of Türkiye, and the Istanbul Central (Çağlayan) Courts and Enforcement Offices have exclusive jurisdiction.

14.2. Before starting proceedings, the parties will try in good faith to resolve the dispute by negotiation for at least 30 days after written notice. APIQ may always seek urgent interim relief, and may collect undisputed amounts, in any competent court.

14.3. To the extent permitted by law, any claim against APIQ must be brought within one year after the claim arose.

14.4. Consumers keep any mandatory right to bring proceedings in the courts of the country where they live.

14.5. If your contracting party is APIQ Inc., these Terms are governed by the laws of Wyoming, without regard to its conflict-of-law rules, and the courts located in Sheridan, Wyoming have exclusive jurisdiction. Disputes with users established outside the United States are finally resolved by arbitration under the International Arbitration Rules of the International Centre for Dispute Resolution (ICDR) by one arbitrator seated in Sheridan, Wyoming, in English. For disputes in court, each party waives trial by jury to the extent permitted by law. To the extent permitted by law, any claim must be brought individually and not as a plaintiff or class member in any class or representative action.

15. General

15.1. Changes to these Terms. We may update these Terms. We will publish the new version on this page with its effective date and, for material changes, notify account holders by email or in the account at least 15 days in advance. If you continue to use the Platform after the changes take effect, you accept them; if you do not accept them, you must stop using the Platform and may close your account. Changes do not apply to orders accepted before the change takes effect.

15.2. Assignment. You may not assign or transfer your rights or obligations without our prior written consent. We may assign or transfer these Terms, any order and related contracts, wholly or partly, to an affiliate (including any APIQ company established in the European Union) or to a successor in a merger, acquisition or sale of assets, by notice to you; you consent in advance to such a transfer, including the transfer of the contract as a whole.

15.3. Notices. We may send notices to the email address in your account or display them in the account. Legal notices to APIQ must be sent to [email protected].

15.4. Electronic acceptance. Accepting these Terms electronically, and confirming orders in the account or by email, has the same effect as a signed written document. Our electronic records (including logs and statistics) are admissible as evidence.

15.5. Severability; no waiver. If any provision is held invalid, the rest remains in force and the invalid provision is replaced by a valid one that comes closest to its purpose. Not enforcing a right is not a waiver of it.

15.6. Entire agreement. These Terms, together with the documents referred to in section 2, are the entire agreement between you and APIQ about the Platform and replace all earlier agreements on the same subject.

15.7. Language. These Terms are published in several languages. If versions differ, the English version prevails, except that for contracts with APIQ Turkey Medya Teknolojileri Limited Şirketi the Turkish version prevails, and except where the law requires otherwise.

16. Contact

Questions about these Terms: [email protected]. Support: [email protected].