Terms of Service

The short version

These terms cover two things: the FanaticalLiveSwitcher iOS app and the fanaticallive.com website. Use the app and the site how you'd expect — to produce and broadcast your own live events. Don't use them to break the law, harass people, or infringe other people's rights. The app runs on your iPad and we don't see your streams; the trade-off is that the app is provided as-is and you're the one responsible for what you broadcast.

By installing the app or using the site, you agree to these terms and to the Privacy Policy.

Who you're agreeing with

These terms are entered into with Fanatical Live Development, LLC, a Washington limited liability company that builds and operates FanaticalLiveSwitcher. For formal legal notices, contact support@fanaticallive.com — we will provide a postal service-of-process address on request.

The app

License

When you download FanaticalLiveSwitcher from the Apple App Store, you get a personal, non-exclusive, non-transferable license to use the app on devices you own or control, subject to the Apple Media Services Terms and the Apple Standard EULA. The Apple Standard EULA is the primary license; these terms only add to it where this app has app-specific behavior worth calling out.

Subscriptions and in-app purchases

Some features of the app — including (but not limited to) NDI input and output, replay, virtual camera, and field-of-view tools — may require a paid subscription. Subscriptions are billed through your Apple ID. Pricing, renewal, and refund policies are governed by Apple; you manage and cancel subscriptions in iOS Settings → your Apple ID → Subscriptions. We do not bill you directly and we do not store your payment information.

What you're responsible for when you broadcast

The app produces a broadcast that you, the user, then send to destinations you choose (YouTube Live, Facebook Live, custom RTMP / SRT / NDI / AirPlay endpoints, etc.). You are the publisher of that broadcast. You are responsible for:

• Having the rights to anything you broadcast — including footage of people, venues, performances, music, graphics, and any other content captured by your cameras or imported into the app.
• Complying with the laws of the place you're broadcasting from and the place your audience is, including privacy, consent, and copyright laws.
• Complying with the terms of every streaming destination you push to (e.g. YouTube's Terms of Service and Community Guidelines, Meta's Terms of Service, your custom RTMP host's rules).
• Obtaining any consents needed when minors appear in your stream (parental consent, school-district / league / club policies, applicable youth-privacy laws).

Things you may not do

You may not:

• Use the app to harass, defame, or threaten anyone, or to broadcast content that's illegal where you are or where you're broadcasting to.
• Use the app to infringe anyone's copyright, trademark, publicity, or privacy rights.
• Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the app, except to the extent local law expressly permits.
• Remove or alter any copyright, trademark, or attribution notices in the app.
• Use the app to attack, probe, or interfere with services or networks you don't have permission to test (load testing, penetration testing, etc.).
• Sublicense, rent, sell, or redistribute the app or any part of it.

YouTube, Facebook, and other third-party services

The app integrates with third-party platforms (YouTube Live, Facebook Live, Sanity for the website's blog, etc.). Those services are operated independently and have their own terms and privacy policies. When you sign in to a destination through the app, your relationship with that destination is governed by the destination's terms.

In particular, by using YouTube Live through the app you agree to the YouTube Terms of Service and your use of data received from Google APIs is bound by the Google API Services User Data Policy, including the Limited Use requirements described in our Privacy Policy.

NDI and other licensed components

NDI® is a registered trademark of Vizrt Group. The app's NDI features are made available through the NDI SDK under Vizrt's license; your use of those features must comply with NDI's end-user terms in addition to these.

Local data

App settings, camera lists, destination configurations, replay clips, and any media you import are stored on your device. They are included in standard iOS device backups if you have those enabled. Deleting the app removes the local data managed by the app. The Privacy Policy goes into more detail.

Updates and changes to the app

The app is updated periodically. Some updates change features, performance characteristics, or supported hardware. We don't guarantee that any specific feature will remain available indefinitely.

The website

Use of the website

You may read, browse, and link to content on the website. You may not scrape it at a rate that interferes with normal operation, attempt to bypass any access controls, or use the site to attack other systems.

The blog and external content

The blog is informational. We do our best to keep it accurate but we don't warrant that everything is correct or current. Community discussions linked from the site happen on Reddit (r/FanaticalLiveSwitcher), which has its own rules and moderation.

Disclaimers

The app and the website are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the app will be uninterrupted, error-free, compatible with every camera or accessory, or able to deliver any specific level of streaming quality.

Live streaming depends on many things outside our control — your network, your hardware, the destination platform's ingest capacity, weather, and physics. The app does its best to recover from problems but cannot guarantee that any given broadcast will succeed.

Limitation of liability

To the maximum extent permitted by law, in no event will Fanatical Live Development, LLC be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost revenue, lost broadcasts, lost data, or damage to equipment — arising out of or related to your use of the app or the website, even if advised of the possibility of such damages.

For any direct damages we are held liable for, our total liability to you for all claims relating to the app or the website is limited to the amount you have paid us (through Apple) for the app in the twelve months immediately preceding the event giving rise to the claim, or, if you have not paid for the app, US $50.

Indemnity

You agree to indemnify and hold Fanatical Live Development, LLC harmless from any third-party claims arising out of content you broadcast using the app, your violation of these terms, or your violation of any law or third-party right.

Termination

You can stop using the app and website at any time by deleting the app and closing the browser tab. We may suspend or discontinue the app or the website, or any feature of either, with or without notice. If we believe you're using the app in a way that violates these terms or harms others, we may terminate your access to features that depend on us (for example, OAuth flows we maintain). The license sections above survive termination only to the extent needed to wind down your use.

Governing law and disputes

These terms are governed by the laws of the State of Washington, United States, without regard to its conflict-of-law rules. Any dispute that isn't resolved informally will be brought in the state or federal courts located in King County, Washington, and you and we consent to the personal jurisdiction of those courts. If you're a consumer in a jurisdiction whose law gives you the right to bring claims in your home courts, nothing in this section takes that right away.

Apple-specific terms

The following applies because the app is distributed through the Apple App Store:

• These terms are between you and Fanatical Live Development, LLC only — not with Apple. Apple is not responsible for the app or its content.
• Your license to use the app is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Standard EULA.
• Fanatical Live Development, LLC (not Apple) is solely responsible for the app, its content, any maintenance and support, and any product-warranty claims that aren't effectively disclaimed above.
• Fanatical Live Development, LLC is responsible for addressing any claim that the app or your use of it infringes a third party's intellectual property rights.
• Apple and Apple's subsidiaries are third-party beneficiaries of these terms and, upon your acceptance, will have the right to enforce these terms against you.

Changes to these terms

If these terms change, the “Last updated” date at the top will change. For material changes, we'll post a notice on the blog at /blog before the changes take effect. Continuing to use the app or website after a change means you accept the updated terms.

Contact

Questions about these terms can go to support@fanaticallive.com.