Terms of Service

These Terms of Service govern your access to and use of ProvenAudience, an audience-verification and market-intelligence service for Kick.com casino-streamer sponsorships. By creating an account or using the service, you agree to these terms.

1.The service

ProvenAudience is operated by [PLACEHOLDER: legal entity name], registered at [PLACEHOLDER: registered address] (“ProvenAudience”, “we”, “us”). ProvenAudience samples the public live chat of Kick.com channels in the “Slots & Casino” category, measures how the audience behaves against a set of forensic signals, and produces a green / amber / red verdict — a PROVEN, UNCLEAR or FAKE assessment of whether a channel’s viewership appears to be a real audience. Alongside the audits, we maintain a market-intelligence layer: continuous snapshots of the category, hours-watched history, sponsor timelines, leaderboards and deal-pricing tools.

The service analyses publicly available data only. We connect to Kick channels the same way any viewer’s browser does; we do not access private accounts, and we require no cooperation from the streamers we audit.

2.Accounts & eligibility

You must be at least 18 years old and legally able to enter into contracts to use ProvenAudience. The service is a business-to-business tool intended for iGaming operators, affiliate and partnership managers, media buyers and streamers. You are responsible for the security of your account credentials and for all activity that occurs under your account. You agree to provide accurate account information and to keep it current.

3.Plans & crypto billing

ProvenAudience is offered on a free tier and on paid subscription plans (currently Scout, Pro and Agency), each with a monthly allowance of live audits and other features described on our Rates page. Paid features are metered — a live audit consumes one unit of your monthly allowance, subject to the caching rules described in the service.

• Billing is in cryptocurrency, processed by OrbChain. When you subscribe, payment is collected by our third-party payment provider, OrbChain. We do not store your wallet keys, card numbers or other payment credentials — those are handled entirely by OrbChain, subject to their terms.
• Subscriptions are billed in advance for each billing period and renew automatically at the start of each period until cancelled.
• Payments are generally non-refundable. Because access and metered allowances are made available immediately, we do not offer pro-rata or partial refunds for a billing period once it has begun, except where a refund is required by applicable law.
• Cancel any time. You may cancel from your account at any time; cancellation stops the next renewal and you retain access until the end of the period you have already paid for. We do not bill you again after you cancel.
• Prices are quoted exclusive of any taxes that may apply. We may change our prices or plan features prospectively; changes take effect at your next renewal, and continued use after that constitutes acceptance.
• Cryptocurrency payments are, by their nature, irreversible; you are responsible for sending the correct amount to the correct address as presented by OrbChain at checkout.

4.Acceptable use

You agree not to misuse the service. In particular, you will not:

• use ProvenAudience to harass, defame, threaten or target any streamer or other individual, or to present a verdict as a definitive statement of fact rather than the measurement and opinion that it is;
• scrape, resell, sublicense or redistribute our data, verdicts, certificates or market intelligence except through features we expressly provide (such as the metered API on eligible plans);
• attempt to reverse-engineer, overload, disrupt or circumvent the service, its rate limits, its authentication, or its access controls;
• use the service in violation of any applicable law, including gambling-advertising, consumer-protection and data-protection laws that apply to you;
• use automated means to create accounts, or share a single account across an organisation beyond the seat terms of your plan.

Detailed guidance is set out in our Acceptable Use & Verdict Disclaimer, which forms part of these terms.

5.Verdicts are measurements and opinions, not statements of fact

Audiences change, streams vary, sampling is finite, and no automated method is infallible. A verdict describes what our signals measured during a particular sample; it does not assert that any named streamer or third party has committed fraud, purchased viewers, or engaged in any specific conduct. Reasonable people may disagree with our opinions, and we welcome corrections (see the Disclaimer).

You agree that you will treat verdicts accordingly: as one input into your own commercial due diligence, not as a conclusive finding. You are solely responsible for the business decisions you make — whether, and on what terms, to enter into a sponsorship — and for how you characterise our verdicts to others. ProvenAudience makes no representation that a “PROVEN” channel will perform commercially, or that a “FAKE” channel is engaged in any wrongdoing.

6.No affiliation with Kick

ProvenAudience is an independent service. We are not affiliated with, endorsed by, sponsored by, or in any way officially connected to Kick.com, its operator, or any streamer, casino brand or sponsor referenced in the service. “Kick” and other names, marks and logos are the property of their respective owners and are used only for identification and descriptive purposes (nominative fair use).

7.Intellectual property

The service, its software, scoring methodology, aggregated datasets, certificate designs, text and branding are owned by ProvenAudience and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the service for your internal business purposes during your subscription, subject to these terms. Public certificate links we issue may be shared as intended, but the underlying methodology and data remain ours. Underlying public facts about third-party channels are not owned by us.

8.Disclaimer of warranties

The service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the service will be uninterrupted, error-free, secure, or that any verdict, estimate or datum is accurate, complete or current. Your use of the service is at your own risk.

9.Limitation of liability

To the maximum extent permitted by law, ProvenAudience and its operators, officers and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business, arising out of or relating to your use of (or inability to use) the service or any reliance on a verdict, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the service or these terms will not exceed the greater of the amount you paid to us in the three (3) months preceding the event giving rise to the claim, or USD 100. Nothing in these terms excludes liability that cannot lawfully be excluded.

10.Indemnity

You agree to indemnify and hold harmless ProvenAudience from any claims, damages, liabilities and reasonable expenses (including legal fees) arising out of your use of the service, your breach of these terms, or your use, publication or characterisation of any verdict, certificate or data obtained from the service — including any claim by a third party that your use of our output was unlawful, defamatory or unfair.

11.Termination

You may stop using the service and cancel your subscription at any time. We may suspend or terminate your access, with or without notice, if you breach these terms, if we are required to by law, or if we discontinue the service. On termination, your right to use the service ends; sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity and governing law) will survive.

12.Changes to these terms

We may update these terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, take reasonable steps to notify you. Your continued use of the service after changes take effect constitutes acceptance of the revised terms.

13.Governing law

These terms are governed by the laws of [PLACEHOLDER: governing-law jurisdiction], without regard to its conflict-of-laws rules, and you agree to the exclusive jurisdiction of the courts located in [PLACEHOLDER: jurisdiction / venue] for any dispute that is not otherwise subject to a binding alternative-dispute-resolution process, to the extent permitted by applicable law.

14.Contact

Questions about these terms: [email protected]