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⚖️ LEGALLY BINDING AGREEMENT — PLEASE READ IN FULL These Terms of Service ("Terms") constitute a legally binding contract between you and JamStream Ltd. By accessing or using JamStream in any way — including browsing, registering, playing, streaming, sending tips, purchasing Coins, or participating in any feature — you agree to be fully and unconditionally bound by these Terms. If you do not agree to every provision herein, you must immediately cease all use of the Service. There are no exceptions.
Effective Date: May 25, 2026  |  Last Updated: June 15, 2026  |  Version: 4.5.2  |  Entity: ג'אמסטרים בע"מ (JAMSTREAM LTD)  |  ח.פ.: 517333407  |  DMCA Agent: DMCA-1071818  |  NCMEC ESP: JAMSTREAMLTD
📋 What's new in v4.5.2 (June 15, 2026) v4.5.2 strengthens and consolidates your responsibility for music and copyright. New Section 11.11 makes explicit that, as between you and JamStream and to the fullest extent permitted by law, you bear 100% of all copyright, performance-rights, royalty, licensing, and related liability and cost arising from material you perform, stream, or transmit — including any amount JamStream pays or becomes obligated to pay to a Performing Rights Organization, collecting society, label, publisher, songwriter, performer, or other rights holder — and it reinforces your defense, indemnification, and reimbursement obligations under Section 18. Your mandatory consumer-protection rights as an EU/EEA, UK, or Israeli consumer are unchanged and expressly preserved. No other substantive provisions are changed.

📋 Earlier — v4.5.1 (June 11, 2026) v4.5.1 is a non-substantive factual correction to v4.4 §23.9g. It corrects the registered legal entity name and registered address of JamStream's EU GDPR Article 27 Representative to iuro Rechtsanwälte GmbH t/a Prighter, Schellinggasse 3, 1010 Vienna, Austria, and corrects the registered legal entity name of JamStream's UK GDPR Article 27 Representative to Prighter Ltd, to match the public certificates of representation. The Swiss FADP Article 14 Representative remains: Prighter CH GmbH, Obergrundstrasse 17, 6002 Luzern, Switzerland. The appointments themselves, the contact portal, and all substantive provisions of v4.4 are unchanged.
📋 What's new in v4.4 (May 25, 2026) v4.4 reflects JamStream's appointment of Prighter Group (Prighter ID: 16835533678) as JamStream's EU GDPR Article 27 Representative (iuro Rechtsanwälte GmbH t/a Prighter (Vienna, Austria)), UK GDPR Article 27 Representative (Prighter Ltd), and Swiss FADP Article 14 Representative (Prighter CH GmbH, Luzern, Switzerland), each evidenced by signed Letters of Appointment dated May 25, 2026. Specifically v4.4 updates §23.9g to identify each appointed representative, their full registered address, and the dedicated inquiry portal at app.prighter.com/portal/jamstream. The appointments are proactive — JamStream has not waited for Article 27 thresholds to be triggered before establishing a single, frictionless channel for EU, UK, and Swiss data subjects and supervisory authorities. The parallel update appears as v4.4 of the Privacy Policy companion document. All v4.3 provisions remain in full effect.
📋 What's new in v4.3 (May 23, 2026) v4.3 reflects JamStream's confirmed registration with the National Center for Missing & Exploited Children (NCMEC) as a registered Electronic Service Provider (ESP) under the identifier JAMSTREAMLTD. Specifically v4.3: (A) incorporates by reference the new standalone Child Safety & CSAM Reporting Policy (accessible via the third tab in this legal modal), which expands on the CSAM provisions of these Terms with a full operational framework including evidence preservation, internal SLAs, and trusted-flagger procedures; (B) introduces the dedicated trusted-flagger contact safety@jamstream.live for NCMEC and other recognized child-safety hotlines; (C) updates the Privacy Policy companion document with the activated §8a Automated Safety Scanning section explicitly disclosing Microsoft PhotoDNA Cloud Service and Sightengine as active sub-processors. All v4.2 provisions remain in full effect. v4.2 added Section 25 (Additional Risk Allocation, Disclosures, and User Acknowledgments), consolidating 20 subsections that close gaps identified in continued review of recent platform-liability litigation. v4.2 also expanded Section 22 (International Use) with a master geographic-restriction and local-law-prevails framework (§22.8) plus dedicated jurisdictional clauses for Switzerland nFADP, Japan APPI, Mexico LFPDPPP, South Africa POPIA, Canada / Quebec, Australia and New Zealand consumer law, MENA local content restrictions, Vietnam / Thailand / Indonesia / Pakistan / Turkey, PRC / Russia / Belarus restricted-operations posture, and OFAC / EU / UK / UN / Israeli sanctions compliance. Highlights from §25: (A) §25.1 background-music capture liability; (B) §25.2 safety-driven audio recording; (C) §25.3 two-way / all-party consent statute coverage; (D) §25.4 no-IRL-coordination disclaimer; (E) §25.5 no-sweepstakes / no-gambling statement; (F) §25.6 AI-assisted output authorship disclaimer; (G) §25.7 NO FAKES Act and state right-of-publicity coverage; (H) §25.8 independent post-Section-230 liability disclaimers; (I) §25.9 multi-state and international biometric privacy compliance; (J) §25.13 Israeli mandatory-consumer-law-prevails statement; (K) §25.14 EU Article 6 GDPR lawful-basis map; (L) §25.15–25.20 bilateral-arbitration reinforcement, indemnity survivability, no-drafter-presumption, continued-use consent, honest disclosure of document limitations. All earlier protections remain in effect.
Table of Contents
  1. Definitions
  2. Acceptance & Eligibility
  3. Age Requirements & Minors
  4. Account Registration & Security
  5. The Service — License & Restrictions
  6. Intellectual Property & Trade Secrets
  7. Prohibition on Copying & Competition
  8. Virtual Currency (Coins), Pro Subscription & Transactions
  9. User Content & Licenses
  10. Prohibited Content & Conduct
  11. Music Copyright & Licensing
  12. DMCA & Takedown Procedure
  13. Privacy & Data Protection
  14. Safety, Crisis & Harmful Content
  15. Moderation & Enforcement
  16. Disclaimers & Warranties
  17. Limitation of Liability
  18. Indemnification
  19. Cybersecurity & Prohibited Technical Conduct
  20. Third-Party Services
  21. Governing Law & Disputes
  22. International Use & Compliance
  23. General Provisions
  24. Contact Information

1. Definitions

The following definitions apply throughout these Terms and all JamStream legal documents:

  • "JamStream," "we," "us," "our," "Company" — ג'אמסטרים בע"מ (JAMSTREAM LTD), company registration number 517333407, a company registered under Israeli law, including all its officers, directors, shareholders, employees, agents, contractors, licensors, and lawful assigns.
  • "Service" — The JamStream platform in its entirety, including: the website at jamstream.live and all subdomains; all mobile and desktop applications; all APIs, SDKs, and developer tools; all software, algorithms, source code, and compiled code; all features including Rooms, Battles, Concerts, Beat Maker, instruments, Coins, gifts, tips, and calendar; all content, data, and materials provided by JamStream; and all future features, updates, and versions.
  • "User," "you," "your" — Any natural person or legal entity that accesses, registers for, browses, or uses the Service in any capacity.
  • "Account" — A registered profile created by a User to access certain Service features.
  • "Content" — All audio, video, text, chat messages, usernames, profile information, images, musical compositions, sound recordings, performances, streams, broadcasts, and any other material of any kind submitted to, transmitted through, or made available via the Service.
  • "User Content" — Any Content created, uploaded, streamed, broadcast, transmitted, posted, or otherwise made available by a User.
  • "JamStream IP" — All intellectual property owned by or licensed to JamStream, including but not limited to: all software source code, object code, compiled binaries, algorithms, data structures, and architecture; all user interface designs, visual designs, CSS, HTML, and frontend code; all business logic, matching algorithms, WebRTC signaling implementations, Beat Maker engine, and instrument engines; all trademarks, service marks, logos, and trade dress; all databases and their structure and contents; all trade secrets; and all copyrights in any original works created by JamStream.
  • "Coins" — A non-monetary, non-fungible, revocable, limited-license digital good provided by JamStream for use exclusively within the Service. Coins are functional in-Service entries on JamStream's books, used to enable in-Service activities such as tipping other users, sending in-Service Gifts, purchasing Concert tickets, and entering Battles. Coins are NOT money, currency, legal tender, electronic money under EU EMD2 or UK EMRs, stored-value instruments, prepaid access devices under FinCEN regulations, securities, commodities, derivatives, or any other regulated financial instrument. Coins have no extrinsic monetary value and are not redeemable for cash by the purchasing user. Where a creator-recipient elects to participate in the optional Creator Payout feature (Section 8.14), JamStream facilitates a tip-pass-through payment to the creator via the third-party payment processor PayPal — see Section 8.14 for the full terms.
  • "Room" — A real-time live peer-to-peer audio session hosted on the Service.
  • "Battle" — A timed competitive musical performance feature within the Service where participants are voted on by listeners.
  • "Concert" — A scheduled live performance event hosted and streamed within the Service.
  • "Beat Maker" — JamStream's proprietary real-time collaborative music sequencer and broadcasting feature.
  • "Prohibited Content" — Any Content described as prohibited in Section 10.
  • "Trade Secrets" — All confidential business information, technical information, know-how, algorithms, methods, processes, and data belonging to JamStream that derive independent economic value from not being generally known.
  • "Competitor" — Any person or entity that operates, develops, or plans to develop a service substantially similar to JamStream, including real-time music collaboration platforms, live music streaming platforms, and virtual instrument platforms.
  • "PRO" — A performing rights organization such as ASCAP, BMI, SESAC, GMR (US), ACUM (Israel), PRS (UK), SOCAN (Canada), APRA AMCOS (Australia), SACEM (France), and their international equivalents.
  • "DMCA" — The Digital Millennium Copyright Act (17 U.S.C. § 512).

2. Acceptance and Eligibility

By accessing the Service in any manner — including merely visiting the website — you represent, warrant, and agree that:

  • You have read, understood, and agree to be bound by all provisions of these Terms, the Privacy Policy, and all other policies incorporated herein;
  • You meet the age requirements set forth in Section 3;
  • You have the full legal capacity and authority to enter into this binding agreement;
  • If acting on behalf of a legal entity, you have authority to bind that entity;
  • Your use of the Service does not violate any applicable law, regulation, or third-party right in your jurisdiction;
  • You are not a person barred from receiving services under applicable law;
  • You are not accessing the Service for the purpose of building a competing product or service;
  • All information you provide to JamStream is and will remain accurate, current, and complete.

Your continued use of the Service after any modification to these Terms constitutes your acceptance of the modified Terms. If you do not accept any modification, you must immediately stop using the Service.

3. Age Requirements — 18+ Platform

3.1 Strict Minimum Age: 18 Years Old

JamStream is an adult platform. You must be at least 18 years old to register, access, or use the Service in any capacity. This age restriction is absolute and applies worldwide, regardless of any lower local age-of-consent or digital consent laws. There are no exceptions, no parental consent bypass, and no age tier below 18.

By creating an Account or using the Service, you represent and warrant that you are at least 18 years of age. If you are under 18, you must not register, access, or use the Service in any way. Any Account created by a person under 18 will be immediately terminated upon discovery, and all associated data will be deleted.

3.2 Age Verification

JamStream requires you to provide your date of birth at registration. You warrant that the date of birth you provide is accurate and truthful. JamStream reserves the right to verify your age using any technical, documentary, or third-party means at any time. JamStream may suspend or terminate any Account where there is reasonable suspicion that the user is under 18, pending verification or permanently if verification fails.

Age misrepresentation is your sole legal responsibility. If you falsify your age to access the Service, you bear full legal and financial liability for any consequences that result, including but not limited to any harm caused to yourself or others. JamStream expressly disclaims any liability arising from a user's deliberate misrepresentation of their age.

3.3 No Access by Minors — Zero Tolerance

JamStream does not permit, condone, or accommodate use of the Service by persons under 18. JamStream does not knowingly collect personal information from minors. If you are a parent or guardian and believe a minor has registered on JamStream, contact privacy@jamstream.live immediately. We will terminate the Account and delete all associated personal data within 72 hours of confirmed discovery, consistent with COPPA's deletion requirements and GDPR's "without undue delay" standard. JamStream complies with all applicable child protection laws in this respect, including COPPA (US), GDPR Article 8 (EU/EEA), UK Children's Code, and equivalent Israeli regulations. California CAADCA (AB 2273, effective July 2024): JamStream's strict 18+ requirement and mandatory DOB verification establish that the Service is not directed at and not knowingly accessible by minors, qualifying JamStream for the CAADCA minor-directed-service exemption. New York SAFE for Kids Act (effective January 2025): JamStream's 18+ enforcement means this Act's restrictions on addictive feeds for under-18 users do not apply. Australia Online Safety Amendment (Social Media Minimum Age) Act 2024: JamStream's 18+ standard exceeds the Australian 16+ threshold. See Section 22.4b.

3.4 CSAM — Zero Tolerance, Mandatory Reporting

Any Content that sexually exploits, depicts, or involves minors in any sexual or suggestive manner is absolutely prohibited. There are no exceptions and no defenses. JamStream will: immediately remove such Content; permanently ban all associated accounts; preserve all relevant data; and report all such incidents to the National Center for Missing and Exploited Children (NCMEC) CyberTipline in compliance with the REPORT Act and EARN IT Act obligations, applicable law enforcement agencies in the user's jurisdiction, and any other required authority. This reporting is mandatory and not discretionary.

4. Account Registration and Security

4.1 Registration Requirements

To access core features, you must create an Account. You agree to: (a) provide true, accurate, current, and complete registration information; (b) promptly update your information to keep it accurate; (c) maintain the security and confidentiality of your credentials; (d) notify JamStream immediately of any unauthorized access to your Account at security@jamstream.live; and (e) accept full responsibility for all activities under your Account, whether authorized by you or not.

4.1a Phone Number Verification Requirement

To access microphone, camera, and live performance features, you must verify a valid mobile phone number linked to your Account. You agree that: (a) the phone number you provide is your own and you are authorized to receive SMS messages on it; (b) you will not use a virtual, temporary, VoIP, or shared phone number for verification; (c) one phone number may be linked to only one JamStream Account — attempts to link a single phone number to multiple Accounts are prohibited and grounds for ban; (d) your verified phone number may be used by JamStream to verify your identity, enforce bans, and comply with applicable law. Phone numbers are stored in E.164 format and governed by our Privacy Policy. Failure to verify a phone number will result in restricted access to camera, microphone, and live room features. JamStream is not liable for any inability to access the Service resulting from your failure to complete phone verification.

4.2 One Account Rule

Each natural person may maintain only one Account. Creating multiple Accounts — for any reason including to evade bans, exploit promotions, or manipulate metrics — is strictly prohibited and grounds for immediate termination of all associated Accounts. JamStream may use technical means including IP analysis, device fingerprinting, and behavioral signals to detect duplicate Accounts.

4.3 Account Security Obligations

You must: use a strong, unique password; never share, sell, rent, transfer, or sublicense your Account to any third party; log out from shared devices; enable any available security features; and use the Service only from devices you trust. JamStream is not liable for any loss resulting from unauthorized Account use caused by your failure to maintain security.

4.3a Public Profile Pages and Shareable URLs

By creating an Account, you acknowledge and agree that: (a) your JamStream profile — including your display name, profile photo, bio, follower count, publicly visible flairs, and artist verification status — is publicly accessible at a unique shareable URL of the form https://jamstream.live/profile/[your-user-ID]; (b) this URL may be indexed by search engines, shared by third parties, and cached by link-preview services (including WhatsApp, Telegram, Twitter/X, Facebook, iMessage, and similar platforms); (c) you consent to your public profile information being displayed in link previews generated by these services when your profile URL is shared; (d) if you wish to reduce the discoverability of your profile, you may delete your Account, at which point your profile URL will cease to resolve; (e) JamStream is not responsible for cached copies of your profile that may persist in third-party services after Account deletion — you must contact those services directly to request cache removal; (f) your User ID embedded in the profile URL is a pseudonymous identifier and does not by itself constitute personal data under applicable law, but may be combined with other information you choose to display publicly on your profile.

4.4 Username Policy

Your username and display name must not: impersonate any real person, organization, or JamStream; claim official affiliation with JamStream; incorporate trademarks or brand names you do not own; contain obscene, offensive, hateful, or discriminatory language; be designed to deceive or mislead other users. JamStream reserves the right to reclaim, modify, or remove any username at its sole discretion, at any time, without compensation.

4.5 Account Takeover and Fraud

Attempting to gain unauthorized access to another user's Account — through phishing, credential stuffing, social engineering, or any other method — is prohibited, constitutes a material breach of these Terms, and may constitute a criminal offense under applicable law. JamStream will cooperate fully with law enforcement in investigating such conduct.

5. The Service — License and Use Restrictions

5.1 Limited License Grant

Subject to full and ongoing compliance with these Terms, JamStream grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for lawful personal, non-commercial purposes only. This license is a revocable privilege, not a property right.

5.2 Scope of License

This license expressly excludes and you may NOT:

  • Copy, reproduce, modify, adapt, translate, or create derivative works of any part of the Service or JamStream IP;
  • Reverse-engineer, disassemble, decompile, or attempt to derive source code, algorithms, or logic from any part of the Service;
  • Frame or mirror any portion of the Service on another website or platform without written authorization;
  • Use automated tools, bots, scrapers, crawlers, or data-harvesting software to access or collect data from the Service;
  • Resell, sublicense, or commercially exploit the Service or any part thereof;
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
  • Access the Service to build a competing product, service, or to monitor its functionality for competitive purposes;
  • Circumvent, disable, or interfere with any security, authentication, or access control feature;
  • Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
  • Attempt to probe, scan, or test the vulnerability of the Service without written authorization.

5.3 Service Availability and No Uptime Guarantee

JamStream makes no guarantee, representation, or warranty — express or implied — that the Service will be available at any particular time, for any particular duration, or with any particular performance characteristics. The Service may be unavailable due to: scheduled or unscheduled maintenance; server outages; third-party service failures (including Firebase, Cloudflare, or Twilio); DDoS attacks or other malicious activity; force majeure events; or any other reason within or outside JamStream's control. JamStream shall have no liability for any loss, damage, cost, or harm resulting from Service unavailability, degraded performance, data loss, or interruption of access. We reserve the right to modify, suspend, restrict, or discontinue the Service (or any part thereof) at any time, for any reason, with or without notice, and without liability to you.

5.4 Geographic Restrictions

JamStream may restrict access to the Service or certain features in specific jurisdictions at its sole discretion, including to comply with applicable law or to manage risk. If you access the Service from a jurisdiction where it is restricted, you do so at your own risk and bear sole responsibility for any resulting legal consequences.

5.5 Section 230 of the Communications Decency Act (US)

JamStream is an interactive computer service provider within the meaning of Section 230 of the Communications Decency Act (47 U.S.C. § 230) ("CDA § 230"). JamStream is not the publisher or speaker of any User Content created by third parties. To the maximum extent permitted by applicable US law: (a) JamStream asserts immunity from civil liability for User Content under CDA § 230(c)(1); (b) JamStream's good-faith content moderation decisions — including removing, restricting, or declining to remove User Content — are protected under CDA § 230(c)(2). You agree that JamStream's moderation decisions, whether to act or not act on User Content, do not constitute editorial control that would waive any § 230 immunity. JamStream is not responsible for User Content and is not liable for any decisions made with respect to restricting or allowing User Content.

FOSTA-SESTA Exception. JamStream acknowledges that the § 230 immunity does not apply to federal sex trafficking law (18 U.S.C. § 1591) or state laws consistent with federal sex trafficking law, pursuant to FOSTA-SESTA (2018). JamStream does not operate the Service with the intent to facilitate sex trafficking or prostitution and expressly prohibits such use in Section 10.1a.

5.6 No Addictive Design — Platform Design Disclaimer

JamStream represents that it has not designed the Service with the intent to create compulsive, addictive, or psychologically manipulative usage. JamStream does not employ: dark patterns designed to override users' rational decision-making; variable reward mechanics designed to exploit psychological vulnerabilities; engagement-maximization systems that prioritize compulsive use over user wellbeing; or manipulative monetization flows. You acknowledge that: (a) music performance and social collaboration are inherently engaging by their nature; (b) any habitual use of the Service reflects the appeal of music and community; (c) you are responsible for managing your own usage; and (d) JamStream provides no warranties regarding any effect of Service use on individual wellbeing. If you find your usage problematic, please reduce or stop use and seek professional support.

5.6a Algorithmic Features — Transparency and No Harmful Targeting

JamStream uses algorithms for features including Battle matching, Room discovery, and activity recommendations. In light of Anderson v. TikTok, Inc. (3d Cir. 2024), which held that a platform's own recommendation algorithm can constitute the platform's own speech (distinct from user content) for §230 purposes, JamStream discloses: (a) JamStream's algorithms do not target users based on psychological vulnerability, emotional distress signals, financial hardship, or any sensitive personal characteristic for the purpose of extracting value; (b) JamStream does not build behavioral profiles of individual users for the purpose of pushing them toward compulsive spending or self-harm; (c) algorithmic features are designed to facilitate musical discovery and engagement, not to maximize time-on-platform at the expense of user wellbeing; (d) JamStream does not use recommendation algorithms to expose Minor users to adult content or predatory users; (e) JamStream will update this disclosure if algorithmic features change materially. You may opt out of algorithmic recommendations by using the Service's search and browse features directly.

5.7 Live Room Safety Design — Platform Product Liability Compliance

JamStream operates live peer-to-peer audio rooms. In light of A.M. v. Omegle.com LLC (D. Or., settled 2023 for $22 million, resulting in Omegle's permanent closure), in which a platform was held liable for product defects arising from pairing minors with adults in live video/audio chat — establishing a product liability theory that survived §230 defenses because the harm arose from the platform's own pairing design, not user-generated content — JamStream commits to the following protective design measures for its live rooms: (a) JamStream does not randomly or algorithmically pair users without their mutual consent; all Room connections are voluntary; (b) JamStream implements and maintains in-Service reporting tools for inappropriate Room conduct; (c) JamStream applies enhanced safety settings to accounts identified as belonging to Minors; (d) JamStream prohibits private forced one-on-one audio connections between adults and Minors initiated without the Minor's knowledge; (e) JamStream encourages Minors to use the Service with parental supervision. YOU ACKNOWLEDGE that JamStream cannot guarantee the age of all users and that you bear responsibility for your own safety when interacting with others online. JamStream does not represent that its Service is free from all bad actors; it provides reasonable safeguards without being a guarantor of safety.

6. Intellectual Property Rights and Trade Secret Protection

6.1 JamStream Ownership

All JamStream IP is the exclusive property of JamStream Ltd and/or its licensors. JamStream IP is protected by: Israeli copyright law (Copyright Act, 2007); United States copyright law (17 U.S.C. §§ 101 et seq.); the Berne Convention for the Protection of Literary and Artistic Works; the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); United States trademark law (15 U.S.C. §§ 1051 et seq.); Israeli trademark law; the United States Defend Trade Secrets Act (18 U.S.C. § 1836); Israeli Commercial Torts Law, 5759-1999; and all other applicable intellectual property laws worldwide. All rights not expressly granted to you are reserved by JamStream.

6.2 Trade Secrets

The following elements of the Service constitute Trade Secrets of JamStream and are protected under the Defend Trade Secrets Act, Israeli Commercial Torts Law, and international equivalents: (a) the proprietary WebRTC signaling protocol and room management architecture; (b) the Beat Maker sequencer engine, its data structures, and broadcast synchronization algorithms; (c) the virtual instrument implementation, sound synthesis, and latency compensation algorithms; (d) the battle matching, scoring, and voting algorithms; (e) the room health-checking, reconnection, and presence management systems; (f) the Coin economy design, transaction logic, and anti-fraud heuristics; (g) all Firebase security rules, data schemas, and query patterns; (h) all internal analytics, metrics, and user behavior models; and (i) any other confidential technical, business, or operational information not generally known to the public.

You acknowledge that unauthorized acquisition, disclosure, or use of these Trade Secrets causes irreparable harm for which monetary damages are an inadequate remedy, and that JamStream is entitled to seek injunctive relief without bond in addition to all other available remedies.

6.3 Copyright Notice

All original works created by JamStream, including software code, UI design, text, graphics, and audio, are protected by copyright. Unauthorized copying, reproduction, distribution, or creation of derivative works is an infringement of JamStream's copyright and may result in civil and criminal penalties.

6.4 Trademarks

"JamStream," the JamStream logo, and all related marks, names, and logos are trademarks or service marks of JamStream Ltd. You may not use any JamStream trademark without prior written permission. Nothing in these Terms grants you any right to use JamStream's trademarks for any purpose.

6.5 Feedback License

If you submit ideas, suggestions, improvements, or other feedback regarding the Service ("Feedback"), you hereby assign to JamStream all right, title, and interest (including all intellectual property rights) in and to such Feedback, without compensation, restriction, or obligation of confidentiality owed to you. JamStream may use, reproduce, disclose, and exploit such Feedback freely and without limitation.

7. Prohibition on Unauthorized Copying, Reverse Engineering, and Competition

7.1 Absolute Prohibition

You are absolutely prohibited from, and you represent that you will not, directly or indirectly:

  • Copy, clone, replicate, or substantially reproduce the Service, its code, its design, its features, or its business model;
  • Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying algorithms, data structures, or trade secrets of the Service;
  • Use the Service to train, develop, or improve any artificial intelligence, machine learning model, or automated system;
  • Use automated means to extract, harvest, or compile data from the Service for any competitive purpose;
  • Develop or assist in developing any product, service, or feature that is substantially derived from or inspired by JamStream IP;
  • Engage in any act that constitutes trade secret misappropriation under any applicable law.

7.2 Competitor Access

If you are a Competitor or acting on behalf of a Competitor, you are not authorized to access the Service for any purpose. Your use of the Service in such capacity is a material breach of these Terms for which JamStream reserves all available legal remedies, including injunctive relief and claims for damages, including disgorgement of profits.

7.3 No License to Technology

Nothing in these Terms, and nothing arising from your use of the Service, shall be construed as a license, express or implied, to any JamStream technology, patent, trade secret, or other intellectual property beyond the limited use license expressly granted in Section 5.1.

7.3a Prohibition on Benchmarking and Performance Testing

You may not publish, share, disclose, or use for any competitive purpose any benchmark, performance test result, capacity assessment, or comparative analysis of the Service without JamStream's prior written consent. This prohibition applies to: (a) automated performance testing of Service APIs or infrastructure; (b) latency or throughput measurements used for competitive comparison; (c) security assessments or penetration testing results (except through the responsible disclosure process in Section 19.2); and (d) any systematic evaluation of Service features for the purpose of replicating, competing with, or disparaging the Service. Any benchmark data you obtain through use of the Service remains JamStream's confidential information and Trade Secret.

7.4 Enforcement and Remedies

JamStream will vigorously enforce its intellectual property rights. Violations may result in: civil lawsuits for copyright infringement (with statutory damages up to $150,000 per work under US law for willful infringement); claims under the Defend Trade Secrets Act (with exemplary damages up to double actual damages plus attorneys' fees); injunctive relief; account termination; referral to criminal authorities; and any other remedy available at law or in equity.

8. Virtual Currency (Coins), JamStream Pro Subscription, and Financial Terms

8.1 Nature of Coins — Limited-License Digital Goods, Not Money

Coins are a limited-license digital good provided by JamStream for use exclusively within the Service. Coins are NOT, and shall not be construed or treated as: real currency, legal tender, fiat currency, or electronic money (EMD2/UK EMRs); a financial instrument, security, commodity, derivative, or investment of any kind; stored-value or a prepaid access device under FinCEN regulations (31 C.F.R. § 1010.100(ff)(4)); cryptocurrency, virtual currency for FinCEN convertible-virtual-currency purposes, or any token capable of independent value transfer outside the Service; property, chattels, chose in action, or any other transferable right; earned wages, salary, employment compensation, or income subject to withholding by JamStream; redeemable by the purchasing user for cash, cryptocurrency, gift cards, or any real-world value; transferable, assignable, or saleable to any other person outside the Service. JamStream makes no representation that Coins will retain any value over time and reserves the right (subject to applicable law and Section 8.6) to modify Coin functionality, exchange rates, and economy mechanics at any time. The Coin license is revocable as described in Sections 8.6 and 15.

Industry standard practice. The "limited-license digital goods" classification is consistent with the standard set by Twitch (Bits), TikTok (Coins), Roblox (Robux), Discord (Nitro Boosts), and similar major live-service platforms operating in the U.S., E.U., and Israel. By accepting these Terms, you acknowledge that Coins are JamStream's own internal accounting unit, not a substitute for sovereign currency.

8.2 Coin Purchases — LIVE

Coin purchases are processed through PayPal (Section 8.2a). All purchases are: final and non-refundable except as expressly stated herein or as required by applicable mandatory consumer protection law (see §8.3); subject to applicable taxes, duties, and levies which are your responsibility; conditioned on your representation that you are authorized to use the payment method you provide. JamStream is not responsible for errors, failures, or unauthorized charges by third-party payment processors. Prices are displayed inclusive or exclusive of VAT/GST as required by applicable law. JamStream may limit the number or value of Coin purchases per user per period for fraud prevention or AML compliance.

8.2a Payment Processor — PayPal

All real-money transactions for Coin purchases are processed by PayPal (Europe) S.à r.l. et Cie, S.C.A. ("PayPal"). This means: (a) your purchase contract for Coins is formed with JamStream, with payment processed by PayPal; (b) PayPal is responsible for processing your payment securely; (c) PayPal's own terms of service and privacy policy govern the payment transaction; (d) JamStream has no access to your full payment card details; (e) your bank or card statement will show a charge from "PAYPAL *JAMSTREAM" or similar; (f) for billing disputes, refund requests, or payment issues, contact JamStream at billing@jamstream.live or open a dispute through PayPal's Resolution Center; (g) chargebacks filed directly with your bank without first contacting JamStream may result in suspension of your Account pending investigation. JamStream reserves the right to contest fraudulent chargebacks and recover associated fees.

8.2b Age and Authorization Representation at Purchase

By completing any Coin purchase on the Service, you represent and warrant that: (a) you are at least 18 years of age, consistent with JamStream's strict age requirement; (b) you are the authorized account holder of the payment method used; (c) you are not making the purchase on behalf of, or using the payment credentials of, any person who has not authorized the transaction; (d) no minor has access to your JamStream account or your payment credentials in connection with the Service. JamStream is not responsible for unauthorized Coin purchases made using your payment credentials by minors or other unauthorized persons in your household. Any chargeback claimed on the basis that a minor made the purchase without authorization does not automatically entitle the claimant to a refund — JamStream will investigate such claims and reserves the right to contest chargebacks where the Account holder failed to secure their credentials. Parents and guardians are solely responsible for preventing minors in their household from accessing the Service or their payment credentials.

8.3 Refund Policy for Coins

Coins are non-refundable once purchased, except: (a) as described below; (b) where JamStream permanently shuts down the Service with less than 30 days' notice; or (c) where JamStream determines in its sole discretion that a refund is warranted due to a technical error on our part.

EU/EEA Consumer Withdrawal Right — Digital Content: Under EU Consumer Rights Directive 2011/83/EU Article 16(m), the 14-day right of withdrawal for digital content does not apply where: (i) you expressly request that performance begin before the withdrawal period expires; and (ii) you acknowledge that by doing so you lose your withdrawal right. By completing the Coin purchase process, you expressly request immediate delivery of Coins and acknowledge loss of your EU withdrawal right. To request a refund before confirming purchase (within 14 days of purchase), contact billing@jamstream.live.

Israeli Consumer Protection Law 5741-1981: Israeli residents have cancellation rights under Israeli consumer protection law. For qualifying Coin purchases, contact billing@jamstream.live within 14 days. JamStream complies with Israeli Consumer Protection Law requirements for pre-contract disclosure, cancellation rights, and prohibition on misleading commercial practices.

To request any applicable refund, contact billing@jamstream.live within the period prescribed by applicable law.

8.4 Tips and Gifts

Tips and Gifts sent using Coins between users are subject to the following terms:

  • Voluntary gratuity nature. Tips and Gifts are voluntary, irrevocable, in-Service gratuities. They are not contractual payments for services, employment compensation, or wages. They create no obligation, contractual or otherwise, on the part of the recipient to perform any act.
  • Platform service fee — 25%. A platform service fee of 25% of the gross Coin amount is retained by JamStream on every Tip and on every Gift sent through the Service. The recipient receives 75% of the gross Coin amount, rounded down to the nearest whole Coin (with a minimum of 1 Coin where rounding would otherwise produce zero). This fee is the consideration for JamStream operating the in-Service tipping infrastructure, payment-related compliance, and creator-payout facilitation. The fee is disclosed at this level of specificity in compliance with the FTC Fees Rule (effective 2024–2025), the EU Unfair Commercial Practices Directive, the Israeli Consumer Protection Law 5741-1981, and equivalent transparency requirements.
  • Irreversible. Once sent, Tips and Gifts cannot be reversed, recalled, charged back, or disputed by the sender. Sender chargebacks for the underlying Coin purchase will be contested as fraud per Sections 8.2b and 8.7.
  • Net amount displayed where appropriate. Recipients see the net amount they receive (post-fee). Senders see the gross amount they spend. Transaction history records both gross and net.
  • No guarantee of receipt. Tips and Gifts are not guaranteed to be received if the recipient's Account is suspended or terminated, in which case the corresponding Coins remain forfeit per Section 8.6.
  • Self-tipping prohibited. A user may not Tip or Gift to their own Account. Self-Gifting in self-hosted Rooms is permitted as an in-Service spending action but does not credit the sender's Account with the fee-share recipient amount.

The platform service fee is subject to change with at least 30 days' prior notice posted in the Service. Changes apply only to Tips and Gifts sent after the effective date of the change.

8.4a All-In Price Disclosure — FTC Fees Rule Compliance

In compliance with the FTC Fees Rule (effective 2025) and applicable consumer protection laws prohibiting "drip pricing," JamStream discloses the complete Coin cost of any transaction — including Concert tickets, premium features, and any applicable platform fees — before the user completes the transaction. JamStream does not add hidden fees at checkout that were not disclosed at the point of initial price presentation. If you believe a transaction did not disclose the full cost upfront, contact billing@jamstream.live immediately. This commitment applies to all Coin-denominated transactions and, when real-money payment is enabled, to all fiat currency transactions.

8.5 Concert Tickets

Pre-creation disclosure to the host. Before any user can create a Concert as a host, the in-Service Concert creation flow displays the Coin price the host has set, the JamStream platform service fee (currently 30%), and the net Coin amount the host will receive per ticket sold. The host's decision to publish the Concert is the host's express, informed acceptance of these economic terms as a fee schedule that applies to that Concert and to all tickets sold for it. JamStream will not retroactively change the fee for a Concert already created and published. The fee disclosure at the moment of host commitment is the operative disclosure for purposes of the FTC Fees Rule, the EU Unfair Commercial Practices Directive, the Israeli Consumer Protection Law 5741-1981, the California Unfair Competition Law (Bus. & Prof. Code § 17200), and equivalent state-law transparency standards.

Concert tickets purchased with Coins are subject to the following terms:

  • Platform service fee — 30%. A platform service fee of 30% of the ticket price (in Coins) is retained by JamStream on every Concert ticket sold. The hosting performer (or, where applicable, the host's payout account at JamStream's sole discretion) receives 70% of the gross ticket price, rounded down to the nearest whole Coin (minimum 1 Coin). The higher fee on Concert tickets relative to Tips reflects the additional infrastructure cost of stage management, ticketing, and event hosting. This fee is disclosed at this level of specificity in compliance with the FTC Fees Rule and equivalent transparency requirements.
  • If the Concert proceeds as scheduled: tickets are non-refundable, consistent with the explicit exemption for "concert tickets for specific dates" under EU Consumer Rights Directive 2011/83/EU Article 16(l) and equivalent national laws, which exclude event tickets from the 14-day right of withdrawal. By purchasing a Concert ticket, EU/EEA consumers acknowledge and agree that the 14-day cooling-off period does not apply and explicitly waive any right of withdrawal.
  • If the Concert is cancelled by the host: tickets will be refunded in full in Coins (gross amount, including the platform fee) to the purchaser's Account automatically within 48 hours of cancellation. EU consumer law requires full refund when a service is not delivered.
  • If the Concert is rescheduled (not cancelled): JamStream will offer purchasers the option to retain their ticket for the rescheduled date or receive a full Coin refund within 14 days of the reschedule announcement.
  • If the Concert host fails to appear or substantially fails to deliver the advertised performance: affected ticket-holders may submit a refund request to billing@jamstream.live within 14 days. JamStream will investigate in good faith and, where the failure is confirmed, refund tickets in Coins (gross). Where JamStream determines the failure was due to fraudulent intent on the host's part, the host's Account is subject to immediate termination per Section 8.7a, the host's Coin balance may be clawed back, and the host may be reported to law enforcement.
  • No specific position guaranteed. Tickets do not guarantee a specific position in the audience.
  • Bandmate-perk free tickets. Where applicable Service features grant a free ticket to qualifying bandmates of the host, no Coin transfer occurs and no platform fee is collected.

8.6 Coin Expiry and Forfeiture

All Coins in your Account are immediately and automatically forfeited without compensation upon: (a) permanent termination of your Account for any reason; (b) a determination by JamStream that your Coins were obtained through fraud, chargebacks, system exploits, or unauthorized means; (c) permanent discontinuation of the Service (subject to reasonable advance notice); or (d) inactivity: Coins in an Account where the registered user has not logged in for 36 consecutive months may be forfeited after JamStream provides written notice to the registered email address at least 60 days in advance. Coins earned through tips, gifts, or battles expire on the same schedule as purchased Coins. This period is disclosed at the point of purchase as required by EU CPCN Principles and FTC Fees Rule requirements. Forfeited Coins are not refundable.

8.7 Fraud, Chargebacks, and Abuse

Fraudulent, deceptive, or unauthorized payment activity — including unauthorized chargebacks, use of stolen payment instruments, money laundering, or exploitation of bugs or errors in the Coin system — is strictly prohibited and constitutes a material breach of these Terms. Upon detecting such activity, JamStream may: immediately suspend or terminate your Account; forfeit all Coins; pursue civil remedies including recovery of the full fraudulent amount plus costs; report the conduct to payment processors, financial institutions, and law enforcement. You are liable for all costs JamStream incurs as a result of fraudulent or abusive payment activity, including chargeback fees, attorneys' fees, and dispute processing costs.

8.8 No Financial Advice

Nothing in the Service or these Terms constitutes financial, investment, or tax advice. Coin transactions may have tax implications in your jurisdiction. You are solely responsible for determining and fulfilling any tax obligations arising from your use of the Service.

8.9 Future Monetization

JamStream reserves the right to introduce, at any time and with such notice as may be required by applicable law: subscription tiers; premium features; creator monetization programs; revenue-sharing arrangements; advertising; and other revenue models. Changes to monetization that materially affect existing users will be communicated in advance.

8.7a Wire Fraud and Payment-Related Criminal Prohibition

It is a federal crime under 18 U.S.C. § 1343 (Wire Fraud) to use any electronic communication, including the Service, to execute any scheme or artifice to defraud any person of money or property. The following conduct is prohibited and may constitute federal or state criminal wire fraud, money laundering, or related offenses: (a) using false pretenses, misrepresentations, or deceptive conduct to obtain Coins, payments, or any other value from other users; (b) impersonating JamStream staff or other users to solicit payments; (c) creating fake Concerts, Battles, or other events to collect Coins without delivering the promised performance — this constitutes wire fraud where electronic communications are used and JamStream will report such conduct to law enforcement and seek full recovery of all Coins and any refunds JamStream was required to pay out; (d) colluding with others to artificially inflate Battle votes, gifts, or tips through coordinated fraud; (e) using the Service to launder money or disguise the proceeds of criminal activity; (f) structuring transactions to avoid financial reporting thresholds; (g) any scheme to defraud JamStream's payment systems. JamStream will cooperate fully with law enforcement investigations of payment fraud and will freeze and preserve transaction records upon receiving valid legal process.

8.9a Tax Obligations of Recipients

Tips, gifts, and other Coin-based payments received from other users may constitute taxable income under the laws of your jurisdiction. JamStream is not responsible for any tax obligations arising from Coins received through the Service. You are solely responsible for: (a) determining whether tips, gifts, or other received Coins constitute income, gifts, or other taxable events under applicable tax law; (b) reporting such income as required; (c) paying all applicable taxes, including income tax, VAT, GST, and any other levies. JamStream may be required to collect tax-related information from users in certain jurisdictions and to report transactions to tax authorities as required by applicable law, including IRS Form 1099 reporting requirements where applicable.

8.10 Regulatory Compliance

JamStream will comply with applicable payment service regulations, anti-money laundering (AML) requirements, and know-your-customer (KYC) regulations as and when applicable. We reserve the right to require identity verification before enabling payment features.

8.11 Coins Are Not Gambling — Legal Distinction

JamStream expressly designs its Coin system to avoid constituting gambling under applicable law: (a) Coins are purchased at a fixed, disclosed price with no element of chance in acquisition; (b) Coins are not redeemable for cash, prizes, or anything of real-world monetary value; (c) the Battle feature is a skill-based performance contest, not a game of chance; (d) tips and gifts sent to other users are voluntary gratuities, analogous to tips in a live music venue; (e) no feature constitutes a slot machine, loot box, sweepstakes, or chance-based wagering mechanism. Notwithstanding this design intent, laws characterizing virtual currency as a "thing of value" (see e.g. Kater v. Churchill Downs, 9th Cir. 2018; Larsen v. PTT LLC, W.D. Wash. 2024) vary by jurisdiction and evolve over time. You are solely responsible for determining whether your use of Coins complies with gambling and gaming laws in your jurisdiction. JamStream reserves the right to modify any Coin feature if required by applicable gaming law.

8.11a Battle Stakes — Skill Contest, Not Gambling

The Battle feature — in which two performers each wager Coins on a timed performance judged by real-time audience vote — is a skill-based contest and not gambling because: (a) the outcome is determined by demonstrated musical skill evaluated by human listeners, not by random chance, probability tables, or a house algorithm; (b) the predominance-of-skill test applied in most US jurisdictions, EU member states, and Israeli law classifies this as a lawful skill contest; (c) no JamStream-controlled entity participates in or profits directly from the stakes — JamStream takes no cut of Battle stakes; (d) a zero-stake Battle option is available to any user who does not wish to wager; (e) maximum loss equals the stake — no unlimited loss mechanism exists. Notwithstanding this design intent, following Larsen v. PTT, LLC (W.D. Wash. 2024), certain US states — including Washington State — take an expansive view of virtual currency as a "thing of value" regardless of non-redeemability. Users in jurisdictions where skill-based virtual-currency contests may be regulated as gambling are solely responsible for determining whether Battle participation is lawful in their jurisdiction. JamStream reserves the right to disable Battle staking in specific jurisdictions at its sole discretion.

8.11b Gifts — Voluntary Gratuity, Not Consideration

Gifts sent using Coins are voluntary gratuities — the equivalent of tipping a live musician at a venue. The sender: (a) receives no contractual right, enforceable promise, or guaranteed performance in return; (b) receives no "thing of value" as defined under any gambling statute, because sending a gift does not extend the sender's privilege of playing any game or contest; (c) makes an entirely voluntary, non-chance transfer with full knowledge that the recipient is under no obligation to perform any act. The recipient's continued performance on the platform is not contingent on receiving gifts. Gifts are non-reversible, non-refundable, and create no obligation on the recipient.

8.12 EU Virtual Currency — CPCN Compliance

For EU/EEA users, JamStream complies with the Consumer Protection Cooperation Network (CPCN) Principles on virtual currencies (published March 2025), including: (a) clear disclosure of real-money prices alongside Coin prices before purchase; (b) no practices obscuring the real-money value of Coins; (c) enhanced protections for users identified as Minors, including purchase limits; (d) clear pre-purchase disclosure of all Coin expiry conditions; (e) accessible refund procedures under applicable EU consumer law; and (f) no artificial urgency, false scarcity, or countdown timers designed to pressure Coin purchases.

8.1a Spending Awareness and Self-Limitation

JamStream does not have internal research indicating that its Coin economy causes financial harm to users. JamStream's Coin pricing is transparent and disclosed fully before purchase, with no dark patterns, artificial urgency, false scarcity, or countdown timers designed to pressure purchases (consistent with EU CPCN Principles, DSA Article 25, and California consumer protection standards). If you find that you are spending more Coins than you intend: (a) you may contact support@jamstream.live at any time to request that JamStream assist you in limiting your spending, including through account-level purchase restrictions; (b) JamStream will work with you in good faith to implement reasonable spending controls; (c) this does not constitute an admission that Coin purchases have caused you harm — it is a safety feature JamStream voluntarily offers. JamStream is not a gambling platform and these measures are provided as a consumer-friendly safeguard, not as a legal obligation. Parents or family members who believe a family member has a compulsive spending issue should contact support@jamstream.live to discuss account restrictions.

8.13 Money Transmission, Tip-Pass-Through Facilitation, and AML Compliance

Tip-Pass-Through Facilitation Model. JamStream operates a one-way pass-through tipping facilitation, structurally and legally distinct from money transmission and stored-value redemption. The model:

  • Coins are not stored value. Coins are limited-license digital goods (Section 8.1). The purchasing user cannot redeem their own purchased Coins for cash. There is no "buy → cash-out by the same user" flow.
  • Earned Coins are creator income, not user-stored value. When User A sends a Tip or Gift to User B (a creator), the Coins received by User B are not "stored value" because: (a) the recipient did not purchase them, (b) they cannot be transferred to a third party, (c) the only available redemption is JamStream's facilitated payout to the creator's PayPal account (Section 8.14). This is structurally analogous to a tip jar payout, not money transmission.
  • JamStream does not transmit money between users. No JamStream user can use the Service to send fiat currency, cryptocurrency, or any monetary instrument to another user. The only money flows are: (i) user-to-PayPal-to-JamStream when purchasing Coins (Section 8.2a); and (ii) JamStream-to-PayPal-to-creator when paying out earned creator royalties (Section 8.14). At no point does JamStream act as an intermediary for value transmission between two users with monetary intent.
  • Industry-standard practice. This model is consistent with the structure used by Twitch (Bits → ad-revenue payout), TikTok (Coins → Diamonds → payout), YouTube (Super Chat → AdSense), and similar live-service creator platforms.

Money Transmitter License (MTL) Position. JamStream's position is that the tip-pass-through facilitation model does not require Money Transmitter Licensing in the U.S. or equivalent regulation in the E.U. (PSD2/PSD3) or Israel (under the Supervision of Financial Services (Regulated Financial Services) Law, 5776-2016) because: (a) JamStream is not transmitting funds between users at users' direction; (b) the only money flows are creator royalty payouts via PayPal, in which PayPal is the payment institution; (c) JamStream's relationship with creators is analogous to a venue paying performers, not a money services business. This position aligns with FinCEN's CVC guidance (FIN-2019-G001) and the limited-purpose exemption analysis applied to in-game currency platforms. JamStream reserves the right to obtain MTL or equivalent licensing in any jurisdiction where regulators determine such licensing is required, and to suspend Coin or payout features in any jurisdiction pending such determination.

Anti-Money Laundering (AML) and Know-Your-Customer (KYC). JamStream operates an AML-compliant program proportionate to its size, including: (a) per-user payout monitoring and rate limits (Section 8.14); (b) deferred-payout anti-fraud rules for the Referral Program (Section 8.15); (c) per-user payment caps and velocity monitoring; (d) cooperation with PayPal's own AML controls; (e) reporting of suspected suspicious activity to FinCEN, the Israeli Money Laundering and Terror Financing Prohibition Authority, or relevant E.U. authorities as required. JamStream complies with: (i) the U.S. Bank Secrecy Act (31 U.S.C. § 5311 et seq.) and FinCEN regulations; (ii) the E.U. Sixth Anti-Money Laundering Directive (6AMLD), the E.U. Anti-Money Laundering Regulation (AMLR), and the Anti-Money Laundering Authority (AMLA) framework; (iii) Israeli Anti-Money Laundering Law, 5760-2000; and (iv) FATF Recommendations. JamStream may require users to provide identity verification documents (KYC) before processing payouts above thresholds set by JamStream and PayPal. You represent that all funds you use on the Service are from lawful sources and that your use of the Service does not involve money laundering, terrorist financing, sanctions evasion, or other financial crimes.

Sanctions Compliance. The Service is not available to, and may not be used by, persons or entities listed on U.S. OFAC's Specially Designated Nationals and Blocked Persons List, the E.U. Consolidated List of Persons/Groups subject to financial sanctions, the U.K. HM Treasury Consolidated List, the U.N. Security Council Sanctions List, or the Israeli Sanctions List under the Counter-Terrorism Law 5776-2016. You represent that you are not such a person or entity. JamStream may suspend or terminate any Account that appears on or is reasonably suspected of association with any sanctions list.

PCI DSS Compliance. Payment card transactions are processed in compliance with PCI DSS v4.0 (effective March 2025). JamStream does not store raw payment card data; all card processing is handled by PCI-DSS compliant third-party processors (PayPal). You must not attempt to probe, test, or attack any payment processing systems.

EU Payment Services. For EU users, payments are processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., a Luxembourg-licensed credit institution authorized to provide payment services across the EEA. PayPal applies Strong Customer Authentication (SCA) where required under PSD2. JamStream is not itself a payment institution.

8.14 Creator Payout Feature — LIVE

The Creator Payout feature (the "Payout Feature") is enabled and live as of May 1, 2026. It allows users who have received Earnings (from Tips, Gifts, Concert ticket revenue, or Referral bonuses — but not from purchased Coins, streak rewards, signup bonuses, admin awards, or any other non-creator-income source) to request facilitation of a real-money payout via PayPal. The terms below are the operational rules of the Payout Feature.

(a) Coin-to-USD facilitation rate. The current redemption-equivalent rate is 250 Coins = 1 USD. JamStream may adjust this rate with at least 30 days' prior notice posted in the Service. Rate adjustments apply only to payout requests submitted after the effective date of the change.

(b) Minimum payout threshold — 40,000 Coins ($160). The minimum amount required to submit a payout request is 40,000 Coins, equivalent to USD $160 at the current facilitation rate. Payout requests below this threshold cannot be submitted. The minimum is set at this level to manage manual processing burden and to support fraud-prevention review for each request. JamStream reserves the right to adjust this minimum with 30 days' notice.

(c) 14-day earnings hold from receipt. Earnings (the per-transaction post-platform-fee credit corresponding to a received Tip, Gift, Concert ticket, or Referral bonus) are subject to a 14-day hold from the timestamp of receipt before they become "matured" and eligible to be included in a payout request. Earnings still in the hold period are visible to the recipient as "pending" but cannot be requested for payout. The hold is computed live at the moment a payout is requested. The hold serves several legitimate purposes: (i) protection against payment-card chargebacks on the underlying Coin purchase that funded the earning; (ii) dispute window for fraudulent or coerced transactions; (iii) AML monitoring window. Held earnings are still credited to the recipient's spendable Coin balance and may be spent in-Service before they would otherwise mature.

(d) Spendable-balance cap. The maximum payout in any request is the lesser of: (i) the user's matured-and-unwithdrawn earnings; and (ii) the user's current spendable Coin balance. If a user has earned 50,000 Coins (matured) but only has 30,000 Coins of spendable balance because they have spent down their balance on Tips, Gifts, or other in-Service purchases, the user's payout cap is 30,000 Coins. This cap exists because, by spending Coins, a user has chosen to use those Coins for in-Service activity, including reciprocal tipping; the user's actual cash-out claim cannot exceed the lesser of earned and spendable.

(e) 7-day rate limit. A user may have at most one open (pending) payout request at a time, and may submit at most one new request per 7 calendar days. The rate limit is reset upon final processing (paid or rejected) or upon user-initiated cancellation, whichever is earlier than 7 days. The rate limit is in addition to the one-open-request rule.

(f) How to request. Submit a payout request through the in-Service Wallet panel, providing: (i) the PayPal email address registered to your PayPal account; and (ii) the amount of Coins you wish to convert (subject to the minimum and the cap in (d)). At submission, the requested Coins are deducted from your spendable balance and the corresponding earnings are marked "withdrawn" pending review.

(g) Manual review and processing time. Payouts are reviewed manually by JamStream personnel. JamStream will process approved payout requests within 3 business days of submission under normal circumstances, and at any rate within 30 days as a maximum service-level commitment. Processing may be delayed for additional fraud, AML, or KYC review where a request triggers internal monitoring rules.

(h) PayPal as third-party settlement organization (TPSO) — tax reporting. Payouts are sent to the user's PayPal account via PayPal's Mass Payments / Payouts infrastructure. PayPal is the third-party settlement organization (TPSO) responsible for all 1099-K tax reporting on payments routed through PayPal's network. JamStream does not issue IRS Form 1099-NEC for payouts processed via PayPal because, under U.S. tax rules, payments processed through a TPSO are reported on Form 1099-K by the TPSO (PayPal) — not by the originator on Form 1099-NEC. When a contractor is paid through PayPal's payment network, PayPal becomes responsible for issuing Form 1099-K to report those payments if they meet the applicable threshold. The 1099-K reporting threshold is currently $20,000 in gross payments AND more than 200 transactions in a calendar year, as restored by the One Big Beautiful Bill Act (OBBBA, 2025). U.S. recipients should monitor their PayPal account for 1099-K issuance.

(i) Tax responsibility — your sole obligation. You are solely and entirely responsible for all taxes, levies, contributions, and assessments arising from any payout you receive, in any jurisdiction. This includes, without limitation: U.S. federal and state income tax; self-employment tax; FICA contributions; state sales/use tax (where applicable to creator income); E.U. national income tax; VAT or GST (where applicable to your status as a creator); Israeli income tax; National Insurance contributions; and any other tax obligation under the laws of your residence or any other connected jurisdiction. JamStream does not provide tax advice, makes no representation about the taxability of payouts, and does not withhold taxes from any payout. Consult a tax professional in your jurisdiction.

(j) Foreign exchange and PayPal fees. Coin redemption rates are set by JamStream in USD. PayPal converts USD to your local currency at PayPal's prevailing exchange rate at the time of payment, and may charge currency conversion or receiving fees per its own terms. The USD amount JamStream sends is the only amount JamStream is responsible for; FX losses, PayPal conversion fees, receiving-bank fees, and currency rounding are between you and PayPal.

(k) PayPal rejection or failure. If PayPal rejects or fails to deliver your payout (invalid email, account limitations, regional restrictions, etc.): (i) JamStream will notify you at your registered email address; (ii) you have 30 days to provide a valid alternative PayPal email; (iii) if no valid address is provided within 30 days, the payout request expires; (iv) the corresponding Coin amount and earnings will be returned to your Account (not forfeited solely because of PayPal failure); (v) JamStream is not liable for any loss resulting from PayPal's rejection or failure.

(l) JamStream's right to withhold, delay, or reject. JamStream may withhold, delay, or reject any payout: (i) pending investigation of suspected fraud, Terms violations, abuse of the Coin system, or coordinated manipulation; (ii) where required by applicable law, regulation, AML obligations, sanctions screening, court order, or law enforcement request; (iii) where the Account is under investigation, appeal, dispute, or any enforcement action; (iv) where JamStream has reasonable grounds to believe the earned Coins were obtained through fraudulent activity (coordinated tipping rings, fake Gifting schemes, vote manipulation, sham Concert transactions, sock-puppet referrals, or any other abuse); (v) where the user has failed to provide reasonably-requested KYC verification.

(m) Cancellation by user. A user may cancel a pending payout request through the Wallet panel at any time before the request is approved or rejected by JamStream. Upon cancellation, the deducted Coins are restored to the spendable balance and the earnings are returned to "matured-unwithdrawn" status. Cancellation does not reset the 7-day rate limit if more than 7 days have passed since the original request.

(n) Forfeiture on fraud. If JamStream determines that earnings were obtained through coordinated fraud, abuse of platform systems, or violation of these Terms, those earnings and any pending payout associated with them are immediately forfeited without compensation, and the Account may be permanently terminated. JamStream reserves the right to claw back any payout already made where earnings were obtained fraudulently, and to pursue civil and criminal remedies under Section 8.7a.

(o) Forfeiture on Account closure. Coins and unprocessed earnings remaining at the time of permanent Account termination are forfeited per Section 8.6. Accounts closed for fraud or serious Terms violations forfeit all pending payout requests with no further action by JamStream. JamStream will use commercially reasonable efforts to honor legitimate outstanding payout requests for Accounts closed for other reasons (e.g., user-initiated closure) where the request is in good standing and can be processed within the 30-day SLA.

(p) Non-withdrawable earnings sources. For clarity, the following Coin sources are NOT withdrawable and do not contribute to "earnings" eligible for payout: (i) Coins purchased by the user via PayPal; (ii) Daily Engagement Reward (streak) bonuses (Section 8.16); (iii) Day-7 and Day-30 streak milestone bonuses; (iv) Signup welcome bonuses; (v) Referral welcome bonus to the new user (Section 8.15); (vi) Any Coins awarded by JamStream administrators for promotional, compensatory, or technical-error reasons; (vii) Coins received as refunds from cancelled Concerts. The only withdrawable sources are: Tips received, Gifts received, Concert ticket revenue (host's 70% share), and the Referrer-side Referral Bonus (Section 8.15).

(q) No guarantee of permanence. The Payout Feature may be suspended, modified, or discontinued at JamStream's discretion with 30 days' prior notice except where suspension is required for legal, regulatory, fraud, or business-continuity reasons (Section 22.10), in which case it may be effected immediately.

(r) Geographic limitations. The Payout Feature is available only to users in jurisdictions where PayPal Payouts service is available and where JamStream is not legally restricted from facilitating creator payments. JamStream may, at its discretion, exclude additional jurisdictions for compliance reasons. Currently excluded jurisdictions are listed at legal@jamstream.live upon request.

(s) Independent-contractor classification — no employment, agency, or partnership. You and JamStream are, and will remain at all times, independent parties. Nothing in these Terms, in your participation in the Service, or in any payout you receive shall be construed to create an employment relationship, agency, joint venture, partnership, fiduciary relationship, or any other relationship between you and JamStream beyond the platform-and-user relationship described in these Terms. Without limiting the foregoing: (i) you are not a JamStream employee, contractor, agent, or worker, and you may not represent yourself as such; (ii) JamStream does not direct or control the manner, timing, content, schedule, or means of your performances, jamming, broadcasts, Battles, Concerts, or any other activity on the Service; (iii) JamStream does not provide tools, equipment, instruments, or workspace, all of which you supply yourself; (iv) you may use any other platform, service, or means to perform, broadcast, or earn income, simultaneously or otherwise, without restriction by JamStream; (v) JamStream provides no benefits — no health insurance, no retirement contributions, no paid leave, no workers' compensation, no unemployment insurance, no disability coverage, no expense reimbursement; (vi) JamStream does not withhold income tax, FICA, National Insurance, Bituach Leumi, or any other employment-related contribution from any payout; (vii) you have no authority to bind JamStream and may not enter into any agreement, incur any liability, or make any representation on JamStream's behalf; (viii) any payment you receive through the Service is consideration for the platform-mediated tip, gift, ticket, or referral, not wages, salary, or employment compensation. This Section is a controlling representation and a material term of these Terms; the U.S. Internal Revenue Service, the U.K. HMRC, the Israeli Tax Authority, the European Union Member State tax authorities, and any other tax or labor authority should treat any payout from JamStream consistent with this Section.

(s-1) Misclassification protections — California AB5 / Dynamex carve-outs and equivalents. The independent-contractor classification in (s) is intended to satisfy the multi-factor tests applied under California AB5 (Cal. Lab. Code § 2775 et seq.) and the Dynamex ABC test, the U.S. common-law right-to-control test, the U.K. employment-status case law (including Uber BV v. Aslam and the Supreme Court's worker-status reasoning), the Israeli labor-law multi-factor test ("the mixed test" under Israeli Supreme Court precedent), and the equivalent tests in EU Member States. To support that classification: (i) JamStream's revenue model is a platform service fee (Section 8.4 — 25%; Section 8.5 — 30%) on user-to-user gratuities and event tickets, not wages paid to creators; (ii) creator earnings derive from third-party users (tippers, gifters, ticket-buyers), not from JamStream; (iii) creators determine their own performances, hours, content, and creative direction; (iv) creators have unrestricted right to perform on competing platforms; (v) creators provide their own instruments, equipment, internet connection, and workspace. If you believe these terms misrepresent your factual relationship with JamStream, you must promptly contact legal@jamstream.live; continued use of the Payout Feature constitutes your factual representation that your relationship with JamStream matches the independent-contractor description above.

(t) No warranty of earnings, audience, or business outcomes. JamStream makes no representation, warranty, or guarantee, express or implied, that you will: (i) attract any audience, followers, or viewers; (ii) earn any specific amount of Coins, tips, gifts, ticket revenue, or referral bonuses; (iii) be discoverable through any feature, recommendation, or algorithm; (iv) achieve any career, professional, or commercial outcome through use of the Service. Any earnings reflect the voluntary actions of other users, are inherently variable, and may be zero in any given period. Public statistics, leaderboard placements, marketing materials, illustrative figures, or testimonials about other creators do not constitute promises about your potential earnings. JamStream's algorithms, recommendations, search rankings, and discovery features may change at any time, with or without notice, and JamStream owes no obligation to maintain any specific level of visibility or audience access for any user.

(u) No fiduciary duty; no special relationship. JamStream owes you no fiduciary duty, no duty of best interest, no investment-advisory duty, and no special relationship under any law. JamStream's obligations to you are exclusively those expressly stated in these Terms.

8.15 Referral Program

JamStream operates a referral program (the "Referral Program") subject to the following terms:

  • Mechanics. A registered, age-verified user (the "Referrer") may invite a new user (the "Referee") to the Service via a personalized referral link. When the Referee completes registration and age verification: (a) the Referee immediately receives a +50 Coin welcome bonus; (b) the Referrer's reward is deferred until the Referee both (i) verifies their email address and (ii) completes their first paid Coin purchase via PayPal.
  • Anti-fraud deferred payout. Once both Referee conditions are met, the Referrer receives a +100 Coin Referral Bonus. Of these 100 Coins, 75 are credited as withdrawable earnings (subject to the 14-day hold) and 25 are retained by the platform as the standard 25% service fee. This deferred-payout structure is essential to prevent fraud (sock-puppet account farming, self-referral, throwaway-email exploitation) and is non-negotiable.
  • Daily cap. A Referrer may receive Referral Bonuses for at most 5 successful referrals per rolling 24-hour period. Successful referrals beyond this cap will not generate Referrer rewards (the Referee still receives their 50-Coin welcome bonus). The cap is monitored automatically.
  • One-time per Referee. A given Referee can generate at most one Referral Bonus, on their first qualifying purchase. The Referee's subsequent purchases do not generate additional Referral Bonuses for the Referrer.
  • No self-referral. A user may not refer themselves. Self-referral attempts (using a secondary or alternate Account) are a Terms violation per Section 8.7a (Wire Fraud) and Section 4.2 (Account Multiplicity).
  • Forfeiture. Referral Bonuses are forfeited if either the Referrer's or the Referee's Account is terminated for fraud, ban evasion, or coordinated manipulation prior to bonus issuance.
  • Modification or discontinuation. JamStream may modify the Referral Program (reward amounts, caps, eligibility) or discontinue it at any time with at least 30 days' prior notice posted in the Service.

8.16 Daily Engagement Rewards (Streak System)

JamStream operates a daily engagement reward system (the "Streak System") subject to the following terms:

  • Mechanics. A registered, age-verified user may claim a daily engagement reward once per UTC calendar day by interacting with the Service. The reward escalates over consecutive days as published in the Service (currently: 5 / 10 / 15 / 20 / 25 / 30 Coins on Days 1–6; flat 25 Coins per day from Day 7 onward; +100 Coin milestone bonus + 🔥 "On Fire" UI flair on Day 7; +500 Coin milestone bonus + 👑 "Legend" UI flair on Day 30, one-time per Account ever).
  • Streak break. Missing a UTC calendar day resets the streak counter to zero. The 🔥 On Fire UI flair persists while the streak is active and is removed when the streak breaks. The 👑 Legend UI flair, once awarded, persists permanently on the Account.
  • Non-withdrawable. Coins awarded through the Streak System are non-withdrawable and do not contribute to creator-payout earnings (Section 8.14(p)). They are spendable in-Service but cannot be cashed out. This non-withdrawability is a deliberate legal-design feature to keep the Streak System outside the scope of sweepstakes, lottery, or chance-based-prize regulation in jurisdictions where such regulation may apply (e.g., certain U.S. states with expansive virtual-currency-as-prize statutes; cf. Larsen v. PTT, LLC, W.D. Wash. 2024).
  • Not gambling. The Streak System is a fixed-reward, no-chance, no-stake engagement mechanism. There is no element of chance: rewards are predetermined and announced. There is no consideration: claiming requires only opening the Service, which is free. There is no prize convertible to monetary value: rewards are non-withdrawable in-Service Coins.
  • Modification or discontinuation. JamStream may modify the Streak System (reward amounts, milestones, schedule) or discontinue it at any time with at least 14 days' prior notice posted in the Service. Existing streaks at the time of a change continue under the rules applicable on the day of each daily claim.
  • No third-party promotional sweepstakes. JamStream does not currently operate any sweepstakes, drawings, or chance-based promotional offerings. If JamStream introduces such a promotion in the future, separate terms will apply, with no-purchase-necessary, free-method-of-entry, and other elements required by U.S. and other applicable promotional law.

8.17 JamStream Pro — Subscription Terms and Auto-Renewal Disclosure

This Section applies to every user who activates or holds an active JamStream Pro subscription. By completing the JamStream Pro purchase flow you accept the specific terms in this Section in addition to the rest of these Terms. JamStream Pro is a recurring, automatically renewing paid subscription service. The disclosures in this Section are the express, informed consent and clear-and-conspicuous disclosure required by U.S. ROSCA (15 U.S.C. § 8403), the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600–17606.7, as amended by SB 313 (2024)), New York General Business Law § 527-a, the EU Consumer Rights Directive (Directive 2011/83/EU as amended by the Omnibus Directive (EU) 2019/2161), the UK Digital Markets, Competition and Consumers Act 2024 (Part 4, Subscription Contracts), and the Israeli Consumer Protection Law 5741-1981 §13C.

(a) Material terms — the subscription you are activating. JamStream Pro is currently offered at 🪙1,000 Coins per calendar month (the "Subscription Fee"), drawn automatically from your in-Service Coin balance at the start of each billing cycle. The Subscription Fee is the only consideration JamStream collects for JamStream Pro; there are no separate monetary charges and no fiat-currency billing for Pro itself. Coins used to pay the Subscription Fee are non-refundable once a billing cycle has begun, except as required by mandatory consumer law in your jurisdiction (see (g) below). If your Coin balance is insufficient at renewal time, JamStream Pro will lapse and your Account will revert to the standard tier; no negative balance, no debt, and no fiat-currency invoice is created.

(b) Billing cycle. The billing cycle is one (1) calendar month, measured from the date and time of initial activation. Each renewal occurs automatically at the start of the next cycle and deducts the then-current Subscription Fee from your Coin balance.

(c) Automatic renewal — express, affirmative consent. By completing the in-Service Pro activation flow (clicking the activation button after the disclosure block presented at activation time, which states the price, billing cycle, automatic-renewal nature, and cancellation method), you give your express, affirmative, informed consent to: (i) automatic renewal of JamStream Pro at the end of each billing cycle for an indefinite number of cycles until you cancel; (ii) the deduction of the Subscription Fee from your in-Service Coin balance at each renewal without further notice or action by you; (iii) JamStream's continued retention of your billing-relevant Account data (Coin balance, last-renewal timestamp) for the purpose of effectuating renewals; and (iv) the disclosures in this Section as the legally required clear-and-conspicuous notice of all material terms. JamStream does not use pre-checked boxes, dark patterns, or "negative-option" friction to obtain consent: the activation button is the affirmative act, and it is presented adjacent to the price-and-renewal disclosure as required by the California ARL (Cal. Bus. & Prof. Code § 17602(a)(1)).

(d) Acknowledgment receipt. Within a commercially reasonable time after activation, JamStream provides an in-Service confirmation containing the material terms (price, billing cycle, automatic-renewal nature, cancellation method, and a link back to this Section). For users with a verified email address on file, JamStream also sends an email acknowledgment containing the same information, satisfying the California ARL post-activation acknowledgment requirement and the EU CRD pre-contract disclosure obligation.

(e) Cancellation — your right to cancel at any time, without retention friction. You may cancel JamStream Pro at any time, effective at the end of the then-current billing cycle, through any of the following methods, all of which are at least as easy as the activation method (as required by ROSCA, the California ARL "cost-effective, timely, and easy-to-use" cancellation requirement, and FTC enforcement guidance post-Amazon Prime, post-Match.com, and post-Chegg consent decrees):

  • In-Service: open the Pro panel and tap the "Cancel JamStream Pro" control. The cancellation completes within the same flow with no mandatory retention screen, no required call, no chat with a representative, and no requirement to provide a reason. A single confirmation tap is the maximum friction permitted.
  • By email to billing@jamstream.live from the email address on file, with the subject line "CANCEL PRO" or equivalent unambiguous language.

Cancellation through any of these methods takes effect at the end of the then-current paid billing cycle. JamStream will not deduct the Subscription Fee for any cycle beginning after cancellation. After cancellation: (i) you retain access to JamStream Pro features until the end of the cycle you have already paid for; (ii) at cycle end, your Account reverts to the standard tier; (iii) any unused portion of the cycle is not refunded (this is a permitted treatment under U.S. and EU law because Pro features are continuously delivered digital service, not pre-paid time-limited access).

(e-1) "Click-to-Cancel" reaffirmation. Although the FTC's specific Click-to-Cancel rule was vacated by the U.S. Court of Appeals for the Eighth Circuit in Custom Communications, Inc. v. FTC (8th Cir. July 8, 2025) on procedural grounds, JamStream voluntarily commits to the substantive principles of that rule, namely: (i) cancellation as easy as activation; (ii) no requirement to speak to a person or wait through retention offers; (iii) no fees or penalties for cancellation; (iv) cancellation effective in the same medium as activation. This is a contractual commitment by JamStream, enforceable independently of the regulatory status of the FTC rule, and is intended to satisfy the underlying ROSCA, FTC Act § 5, California ARL, and analogous state-law standards.

(f) Renewal reminders — when applicable. JamStream sends in-Service or email renewal reminders consistent with applicable mandatory law:

  • California ARL (annual or longer subscriptions): if JamStream introduces a Pro subscription with a billing cycle of twelve (12) months or longer, JamStream will send a reminder between 3 and 21 days before each renewal containing: (i) the renewal date; (ii) the Subscription Fee that will be charged; (iii) the cancellation method. The current monthly Pro subscription does not trigger this requirement, but JamStream applies the principle voluntarily.
  • UK DMCC Act 2024 (any paid subscription): for users habitually resident in the United Kingdom, JamStream sends "reminder notices" before renewal as required by the DMCC subscription-contract regime once Schedule 24 commencement provisions take effect, in the form and frequency prescribed.
  • EU consumers: JamStream sends a reasonable reminder before any material change to the Subscription Fee or terms, consistent with the Unfair Commercial Practices Directive 2005/29/EC and the Consumer Rights Directive.
  • Israeli consumers: for any subscription with a fixed-term commitment or where renewal is a material change, JamStream complies with the renewal-notice requirements of Israeli Consumer Protection Law §13C and the Standard Form Contracts Law presumptions against unfair automatic-renewal terms.
  • All users — low-balance warnings: JamStream sends an in-Service notice when your Coin balance is insufficient to cover the next renewal, giving you the opportunity to top up or cancel before lapse.

(g) Refund and withdrawal rights — mandatory consumer law carve-outs. Notwithstanding (a) above:

  • EU/EEA consumers (CRD Article 16(m) digital-content carve-out). JamStream Pro is digital content (a digital service) supplied by activation of premium features. By completing the Pro activation flow, you expressly request immediate performance and acknowledge that, by doing so, you lose your 14-day right of withdrawal under Article 16(m) of the Consumer Rights Directive. If you wish to preserve your withdrawal right, do not activate Pro and contact billing@jamstream.live within 14 days for a refund of the Coins used to activate.
  • California ARL — failure-to-disclose remedy. If JamStream materially fails to comply with the California ARL disclosure or cancellation requirements, you may be entitled to treat the Pro Coins charged as an unconditional gift; in that case, contact legal@jamstream.live with the basis of your claim and JamStream will evaluate it in good faith.
  • UK Consumer Rights Act 2015. Statutory rights of UK consumers — including the right to a refund where the digital service is not of satisfactory quality, fit for purpose, or as described — are not affected by these Terms.
  • Israeli Consumer Protection Law cancellation. Israeli residents have statutory cancellation rights for "remote sales" and "ongoing transactions" under Israeli Consumer Protection Law §§14C, 14C1, 14E, and the cancellation regulations thereunder. To exercise these rights, contact billing@jamstream.live within the statutory period.
  • JamStream goodwill refunds. In addition to mandatory rights, JamStream may grant goodwill refunds in its discretion for unused recent renewals on a case-by-case basis. Such goodwill refunds do not waive any of JamStream's rights under these Terms and do not establish any right to future refunds.

(h) Price changes. JamStream may change the JamStream Pro Subscription Fee for future billing cycles only, with at least 30 days' prior in-Service notice and (where an email is on file) email notice to active subscribers. The notice will state the new Subscription Fee, the effective date, and the cancellation methods in (e). Continuing to hold an active Pro subscription past the effective date constitutes acceptance of the new Subscription Fee. EU/UK consumers retain any additional notice or cancellation rights granted by their local mandatory consumer law and may cancel without penalty before the new Fee takes effect. JamStream will not retroactively change the Fee for cycles already begun.

(i) Pro features — what you receive. JamStream Pro grants access to a defined set of premium features as listed in the in-Service Pro panel at the time of your activation. Pro features may be added, modified, or removed by JamStream from time to time; JamStream will not materially diminish the Pro feature set during a billing cycle for which you have already paid. If JamStream materially reduces the Pro feature set on a forward-going basis, JamStream will provide at least 30 days' prior notice and the price-change/cancellation rights in (h) apply.

(j) Account suspension and Pro. If your Account is suspended or terminated for breach of these Terms, JamStream Pro is suspended or terminated simultaneously and the Subscription Fees already deducted for the then-current and prior cycles are forfeit. This forfeiture is a contractual remedy for breach and is in addition to any other remedy available to JamStream.

(k) No assignment. JamStream Pro is personal to your Account and cannot be transferred, gifted, sold, or assigned to any other person.

(l) Automatic-renewal off-switch. You may at any time set your Pro subscription to "do not auto-renew" without cancelling the current cycle. With this setting, your Pro access continues until the end of the current cycle and then lapses without further deduction. This setting is available in the Pro panel and is functionally equivalent to cancellation effective at cycle end.

8.18 Subscription Communications and Tax Treatment

(a) Communications cadence summary. For active Pro subscribers, JamStream sends: (i) an activation acknowledgment (Section 8.17(d)); (ii) low-balance warnings before any renewal at risk of failing for insufficient Coins; (iii) renewal reminders where required by applicable law (Section 8.17(f)); (iv) at least 30 days' notice before any price change (Section 8.17(h)); (v) immediate notice of cancellation taking effect; (vi) any additional communications required by the user's local mandatory consumer law. These are operational/transactional communications and are sent regardless of marketing-communications preferences (consistent with the CAN-SPAM Act transactional-message exemption (15 U.S.C. § 7702(2)(B)), GDPR Article 6(1)(b) contract-performance basis, and equivalent local rules).

(b) Coin-denominated subscription — tax treatment. Because the Pro Subscription Fee is paid in Coins (a limited-license digital good — Section 8.1) and not in fiat currency, the activation does not constitute a separate fiat-currency taxable purchase. The originating fiat purchase of Coins (via PayPal — Section 8.2a) is the taxable transaction; subsequent in-Service Coin spending on Pro does not create new tax events for JamStream's reporting purposes. Each user remains solely responsible for any tax consequences in their jurisdiction (Section 8.9a).

9. User Content — License, Representations, and Warranties

9.1 Your Responsibility

You are solely and entirely responsible for all User Content you post, stream, broadcast, transmit, or otherwise make available through the Service. JamStream does not pre-screen User Content but reserves the right (without obligation) to review, monitor, remove, or disable access to any User Content at any time for any reason.

9.2 License You Grant to JamStream

By submitting User Content, you grant JamStream a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable license to use, reproduce, distribute, transmit, display, perform, adapt, modify, and create derivative works of your User Content for the purposes of: (a) operating and providing the Service; (b) promoting and marketing the Service; (c) improving and developing the Service; and (d) complying with legal obligations. This license survives termination of your Account for content that remains on the Service or in JamStream's backups.

9.3 Your Representations and Warranties Regarding Content

For every piece of User Content you submit, you represent and warrant that: (a) you own the Content or have obtained all necessary rights, licenses, consents, and permissions to submit it; (b) your User Content does not infringe any copyright, trademark, patent, trade secret, privacy right, publicity right, or any other right of any third party; (c) your User Content does not violate any applicable law or regulation; (d) you have obtained the written consent of every identifiable person appearing in or identifiable from your User Content; and (e) all music performed by you in the Service is either your own original composition, in the public domain, or you hold the appropriate licenses from the relevant PROs and rights holders to perform it publicly over the internet.

9.4 Public Content

Content you share in public Rooms, Battles, and Concerts is visible to other users and may be visible to the general public. You assume all risks associated with sharing Content publicly. JamStream has no obligation to protect the confidentiality of any Content you share publicly.

9.3a Prohibition on Unauthorized Recording of Live Rooms

You are strictly prohibited from recording, capturing, screen-recording, or otherwise retaining any audio or video transmitted through any live Room, Battle, or Concert without the explicit prior written consent of ALL participants in that session. This prohibition applies to: (a) screen-capture software; (b) external recording devices; (c) browser extensions with recording capabilities; (d) any automated or manual method of capturing audio or video that transits the Service. This restriction exists because: (i) live performances create copyright interests in real-time in their performers; (ii) recording without all-party consent violates applicable wiretapping laws in numerous US states (including California Invasion of Privacy Act (CIPA), Pen. Code § 632; Illinois Eavesdropping Act, 720 ILCS 5/14-2; Florida, Pennsylvania, Washington, Michigan, Maryland, Massachusetts, Montana, Nevada, Oregon, and New Hampshire, all of which require all-party consent for audio recording); (iii) recording may violate GDPR Article 5 as unauthorized processing of personal data of identifiable individuals; (iv) recording a performer's live performance without their consent may infringe their performer's rights under applicable copyright law. Any recording made in violation of this Section is unlawful, must be immediately deleted, and may expose you to civil and criminal liability independent of any action JamStream takes. JamStream's statement in Section 11.8 that JamStream does not record performances does not limit your independent recording obligations under this Section.

9.4a Voice, Likeness, and Deepfake Prohibition

Protection of others' voices and likenesses. You may not use the Service to: (a) create, distribute, or perform any AI-generated, digitally manipulated, or synthetic reproduction of another person's voice, image, or likeness without that person's explicit written consent; (b) impersonate any real person through voice manipulation, deepfake audio, AI voice cloning, or any other technology; (c) create any content that falsely attributes words, performances, or actions to any real person; or (d) violate any person's right of publicity, including under the Tennessee ELVIS Act (Tenn. Code § 47-25-1101 et seq., as amended 2024), Illinois Right of Publicity Act, California Civil Code § 3344, or equivalent state, national, or international laws protecting voice and likeness rights; (e) violate the federal NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe Act, re-introduced April 2025) if and when enacted, which would establish a federal digital replication right for voice and visual likeness.

Protection of your own voice and likeness. JamStream does not claim ownership over your voice, performance, or likeness. The license you grant JamStream in Section 9.2 does not include the right to use your voice or likeness for commercial endorsement, AI training, voice cloning, or any purpose that would violate applicable right-of-publicity laws. JamStream will not create, sell, or license any synthetic reproduction of your voice without your explicit written consent.

No AI training on performances. JamStream expressly prohibits any third party, and itself does not, use performances streamed through the Service to train AI or machine learning models for voice synthesis, voice cloning, music generation, or any other AI-related purpose without the explicit opt-in consent of the performing user. You may report suspected violations to legal@jamstream.live.

Identity verification disclaimer. JamStream cannot guarantee the true identity of any performer in a live Room, Battle, or Concert. You acknowledge that performers may use pseudonyms, and that JamStream makes no representation regarding the identity, qualifications, or authenticity of any user. You interact with other users at your own risk.

9.4b Copyright Ownership of Original Live Performances

When you perform original musical compositions in a live Room, Battle, or Concert on the Service, you retain all copyright and intellectual property rights in your original composition and in the live performance you create, subject to: (a) the license you grant to JamStream in Section 9.2; (b) any rights in pre-existing compositions you perform that belong to third parties; and (c) the terms regarding User Content generally. JamStream does not claim ownership of your original musical works. The license in Section 9.2 is a license, not a transfer of ownership. You may continue to exploit your original works through any other channel you choose. For avoidance of doubt: the JamStream platform, its code, design, algorithms, and infrastructure remain JamStream's exclusive intellectual property — only the original creative work YOU authored is retained by you.

9.4c Performer Identity — No Verification of Identity, Credentials, or Legitimacy

JamStream does not verify, certify, or guarantee the true identity, professional qualifications, biographical claims, or legitimacy of any performer on the Service. Verified artists (Section 6.4) have submitted documentation reviewed by JamStream, but this verification confirms only that the account holder provided documentation consistent with the claimed identity at the time of verification — it is not a guarantee of current identity or ongoing legitimacy. You acknowledge that: (a) performers may use pseudonyms or stage names; (b) JamStream cannot guarantee that a performer is who they claim to be; (c) performers who request tips, gifts, or concert ticket purchases are doing so on their own behalf — not as agents of JamStream; (d) JamStream is not responsible for any Coins, tips, gifts, or payments sent to any user who later turns out to have misrepresented their identity or intentions; (e) if you believe you have been defrauded by another user (including through fake concert schemes, false identity claims, or other fraudulent conduct), you should report it to abuse@jamstream.live and, where applicable, to local law enforcement — JamStream will cooperate with investigations but cannot guarantee recovery of Coins already transferred. Sending Coins to another user is a voluntary, irreversible transaction as described in Section 8.4.

9.4d Defamation in Live Audio — Prohibited and User Liability

Knowingly making false statements of fact about identifiable real persons in live audio Rooms, Battles, or Concerts — where such statements damage the reputation of those persons — constitutes defamation and is prohibited under Section 10.1. You are solely and personally liable for any defamatory statements you make during live audio sessions. JamStream's Section 230 CDA immunity (Section 5.5) protects JamStream from civil liability for User Content, including defamatory statements made by users in live Rooms. JamStream cannot and does not monitor live audio in real time and cannot prevent defamatory statements before they are made. Users who believe they have been defamed in a live Room should: (a) report the Room using in-Service reporting tools immediately; (b) preserve any evidence (witnesses, timestamps); (c) seek legal advice regarding their personal claims against the user who made the statements. JamStream will cooperate with legal process relating to alleged defamation in live Rooms, including preserving account information and assisting in identifying the relevant user where legally required.

9.5 No Confidentiality for User Content

Except as described in our Privacy Policy with respect to personal information, JamStream treats User Content as non-confidential. Do not submit User Content that you wish to keep confidential.

10. Prohibited Content and Conduct

10.1 Absolutely Prohibited Content

The following Content is prohibited without exception. Violations will result in immediate permanent ban, law enforcement reporting where applicable, and civil/criminal liability:

  • Child Sexual Abuse Material (CSAM) and Child Exploitation: Any sexual, suggestive, or exploitative Content involving or depicting persons under 18, in any form, without exception. This is a mandatory reporting offense. JamStream will immediately report all such Content to NCMEC and applicable law enforcement worldwide.
  • Non-Consensual Intimate Imagery (NCII/"Revenge Porn"): Any intimate or sexual images of a person shared without that person's explicit and informed consent.
  • Suicide and Self-Harm Promotion: Any Content that glorifies, promotes, normalizes, instructs in, or encourages suicide, self-harm, self-mutilation, eating disorders, or other self-destructive behaviors. This includes instructional content, glorification, and challenges encouraging such behavior.
  • Terrorism, Violent Extremism, and Mass Violence: Content that promotes, recruits for, glorifies, funds, or facilitates acts of terrorism, genocide, mass violence, or violent extremism in any form. This is a mandatory reporting offense in many jurisdictions.
  • Hate Speech and Dehumanization: Content that dehumanizes, threatens, or calls for discrimination against individuals or groups based on race, ethnicity, national or ethnic origin, religion, gender, gender identity or expression, sexual orientation, disability, age, immigration status, caste, or other protected characteristics. This includes use of slurs as attacks and content denying historical atrocities.
  • Graphic Violence and Gore: Content depicting graphic violence, torture, mutilation, gore, or gratuitous brutality, or that glorifies such content.
  • Harassment, Stalking, and Threats: Content intended to harass, bully, stalk, intimidate, or threaten any individual or group. This includes: coordinated harassment campaigns; doxxing (publishing private personal information without consent); swatting; sexual harassment; persistent unwanted contact; and threats of violence.
  • Misinformation and Fraud: Content designed to deceive, defraud, or mislead users, including false impersonation, fake news designed to incite violence, and health misinformation that poses public safety risks.
  • Illegal Activity: Content that promotes, instructs, facilitates, or glorifies illegal activity including drug manufacturing or trafficking, weapons manufacturing, financial fraud, identity theft, or any other criminal conduct.
  • Explicit Sexual Content: Pornographic or explicit sexual content, unless in a future expressly designated adult zone subject to age verification and explicit opt-in.
  • Privacy Violations (Doxxing): Sharing another person's private information (home address, phone number, financial information, medical records, government ID, etc.) without their consent.
  • Defamation: Knowingly false statements of fact presented as true that are harmful to the reputation of an identifiable person.
  • Language Abuse and Verbal Harassment: Sustained, targeted verbal abuse in live audio sessions — including screaming, threatening language, repeated slurs, coordinated verbal attacks, verbal sexual harassment, and any audio conduct designed to intimidate or distress another user — is prohibited. JamStream treats audio harassment with the same seriousness as written abuse. The real-time, ephemeral nature of live audio does not provide cover for harassment; JamStream may use technical means to detect, record (solely for moderation purposes), and act upon reports of audio harassment.
  • Discrimination: Denying or interfering with another user's access to or participation in the Service on the basis of race, ethnicity, religion, gender, gender identity, sexual orientation, disability, age, national origin, or other protected characteristic.

10.1a Sex Trafficking, Exploitation, and FOSTA-SESTA Compliance

JamStream strictly prohibits any use of the Service to facilitate, promote, advertise, or assist in sex trafficking or sexual exploitation of any person. Specifically prohibited: (a) advertising, soliciting, or arranging commercial sexual services; (b) using the Service to groom, recruit, harbor, transport, or control any person for purposes of sexual exploitation; (c) using the Service in any manner that constitutes a violation of 18 U.S.C. § 1591 (federal sex trafficking statute) or 18 U.S.C. § 2421A (FOSTA); (d) any use of audio rooms, chat, or any other Service feature to solicit, groom, or exploit minors or adults for sexual purposes.

JamStream complies with FOSTA-SESTA (the Allow States and Victims to Fight Online Sex Trafficking Act / Stop Enabling Sex Traffickers Act, enacted 2018). JamStream does not intentionally promote or facilitate prostitution or sex trafficking. JamStream will: immediately remove content or accounts that violate this section; report suspected sex trafficking activity to the National Human Trafficking Hotline (1-888-373-7888) and applicable law enforcement; and cooperate fully with investigations. JamStream's DMCA safe harbor rights under 17 U.S.C. § 512 do not extend to FOSTA-SESTA violations.

10.1a-2 Sextortion and Coercion

Sextortion — the practice of threatening to distribute intimate, sexual, or compromising images, recordings, or content unless the victim complies with demands — is absolutely prohibited on the Service. This includes: (a) threatening to share intimate images unless the victim pays money, sends more intimate content, or performs any other act; (b) recording or capturing any content from a live audio session without the consent of all participants; (c) threatening, blackmailing, or coercing any user in connection with any intimate or personal content; (d) using the Service to facilitate any form of non-consensual intimate imagery (NCII) distribution or threats thereof. Violations will result in immediate permanent ban and mandatory law enforcement reporting. JamStream cooperates fully with law enforcement investigations of sextortion and will preserve all available evidence.

10.1b Grooming, Predatory Conduct, and Child Exploitation

The Service's live audio rooms and chat features must never be used to groom, target, or exploit Minors. The following conduct is absolutely prohibited and will result in immediate permanent ban and mandatory law enforcement reporting: (a) using the Service to establish inappropriate relationships with Minors; (b) sending sexual content, materials, or communications to any person the user knows or reasonably suspects is a Minor; (c) requesting personal contact information from Minors; (d) using the Service to facilitate in-person meetings with Minors for exploitative purposes; (e) impersonating a Minor to access Minor-protected spaces or for any other deceptive purpose. JamStream acknowledges that live audio platforms present unique risks for exploitation, and takes active measures to identify and respond to grooming behavior.

10.1c Sanctions and Export Controls

You may not use the Service if you are: (a) located in, ordinarily resident in, or organized under the laws of a country or territory subject to comprehensive US, EU, UN, or Israeli sanctions (including but not limited to Cuba, Iran, North Korea, Russia, Syria, Belarus, or the Crimea/DNLR regions); (b) listed on any applicable sanctions list including the US OFAC Specially Designated Nationals and Blocked Persons List, EU Consolidated Sanctions List, UN Security Council Sanctions List, or Israeli sanctions registers; or (c) acting on behalf of any person described in (a) or (b). JamStream reserves the right to terminate accounts and block access from sanctioned jurisdictions at any time without notice. You represent and warrant that your use of the Service does not violate any applicable sanctions laws or export control regulations.

10.1d Doxxing — Strict Prohibition

Doxxing — the act of researching and publicly broadcasting private or identifying information about any individual without their consent — is strictly prohibited on the Service. Specifically prohibited: (a) publishing, sharing, or linking to any person's home or work address, phone number, email address, family members' identities, financial information, government-issued ID numbers, or other private identifying information without that person's explicit consent; (b) using information obtained through the Service to harass, threaten, or target any individual offline; (c) aggregating publicly available information about an individual in a manner designed to facilitate harassment; (d) sharing location data that could enable physical stalking or harm; (e) publishing information about a person's minor children without parental consent; (f) "swatting" — making false reports to law enforcement designed to send armed police to a target's location. Violations will result in immediate permanent ban and reporting to law enforcement.

10.1e Sponsored Content and Undisclosed Brand Relationships

If you have a material commercial relationship with a brand, company, or individual in connection with your performance on the Service — including being paid, receiving free products, or receiving any other benefit in exchange for featuring, promoting, or endorsing that brand during a Room, Concert, or Battle — you are required to disclose that relationship clearly and conspicuously to your audience before or during the performance. This obligation arises from: (a) FTC Endorsement Guides (16 C.F.R. § 255, revised 2023) applicable to US audiences; (b) EU Unfair Commercial Practices Directive and equivalent national laws applicable to EU audiences; (c) equivalent advertising disclosure laws in the UK, Australia, Canada, and other jurisdictions. JamStream does not monitor, verify, or regulate commercial arrangements between performers and third parties. JamStream disclaims all liability arising from a performer's failure to disclose material commercial relationships. Performers found to have systematically used the Service for undisclosed commercial advertising may have their Accounts suspended or terminated at JamStream's discretion.

10.2 Prohibited Conduct

The following conduct is prohibited:

  • Accessing, monitoring, or scraping the Service by automated means, including bots, spiders, and data-harvesting tools;
  • Attempting to circumvent, bypass, or disable any security, authentication, or access control mechanism;
  • Interfering with or disrupting the Service's infrastructure, servers, or networks;
  • Manipulating the Coins system, Battle voting, room metrics, or any other Service feature through bugs, exploits, coordinated abuse, or automated means;
  • Impersonating JamStream, JamStream staff, or any other person or entity;
  • Using the Service to conduct pyramid schemes, multi-level marketing, fraudulent investment solicitations, or any other scam;
  • Attempting to buy, sell, transfer, rent, or sublicense your Account or any Coins;
  • Sending spam, phishing messages, or unauthorized commercial solicitations to other users;
  • Using another user's personal information for any purpose not authorized by them;
  • Enabling, encouraging, assisting, or facilitating any third party to engage in any prohibited conduct.

10.3 Reporting and Prohibition on False Reports

You are encouraged to report genuine violations of these rules to abuse@jamstream.live or through in-Service reporting tools. False, bad-faith, or vexatious reports — including: (a) submitting knowingly false abuse reports against other users to cause their accounts to be banned; (b) filing false or abusive DMCA takedown notices or counter-notices; (c) coordinating with others to mass-report a user with no genuine basis — are themselves violations of these Terms and may expose you to: (i) suspension or termination of your own Account; (ii) liability to the falsely-reported user; and (iii) liability to JamStream for costs of processing bad-faith reports. False DMCA notices expose you to statutory liability under 17 U.S.C. § 512(f).

11. Music Copyright, Licensing, and Performance Rights

11.1 Your Responsibility for Music Rights

JamStream is a live performance platform. When you perform, stream, broadcast, or transmit music through the Service, you are performing that music publicly over the internet. You are solely responsible for ensuring you hold all necessary rights and licenses for any music you perform. This is not a responsibility that JamStream can or does assume on your behalf (unless JamStream separately obtains blanket licenses covering the Service).

11.2 Types of Rights Required

Performing music publicly over the internet generally requires:

  • Public Performance Rights (Small Rights): The right to publicly perform a musical composition, typically administered by PROs (ASCAP, BMI, SESAC, GMR in the US; ACUM in Israel; PRS in UK; SACEM in France; etc.). If JamStream holds a blanket license from a PRO, that covers non-dramatic public performance of compositions in that PRO's catalog for streams originating from its licensed territory.
  • Master Recording Rights: If you are performing a pre-recorded track (rather than playing live), you also need the master recording owner's authorization. This is typically the record label. Live performances you create yourself with JamStream's instruments do not implicate master recording rights.
  • Synchronization Rights (where applicable): If you combine music with visual elements in a way that creates a new audiovisual work, sync rights may also be required.

11.3 JamStream's Blanket License Status — No Blanket License Currently Held

As of the Effective Date of these Terms, JamStream has not obtained blanket public performance licenses from any Performing Rights Organization (PRO), including ACUM (Israel), ASCAP, BMI, SESAC, or GMR (US), PRS (UK), SACEM (France), or any international equivalent. Users are therefore solely and exclusively responsible for obtaining all necessary music performance rights before performing any copyrighted music through the Service. JamStream may seek to obtain blanket licenses in the future, at which time this Section will be updated with the specific licenses obtained and their territorial scope. Until such licenses are explicitly confirmed and published in a revised version of these Terms, no user may rely on JamStream holding any PRO license as authorization for their performance. JamStream expressly does not represent that any PRO license covers user performances on the Service.

JamStream's current position does not affect its DMCA safe harbor obligations under 17 U.S.C. § 512. JamStream maintains a repeat-infringer policy and will terminate Accounts of repeat copyright infringers as described in Section 12.5. PROs do not use the DMCA process — they may bring direct copyright infringement actions against infringing users and, in appropriate cases involving platform-level liability, against JamStream. Users acknowledge that JamStream's ability to maintain DMCA safe harbor protections depends on users' compliance with copyright law, and that willful or systematic infringement of music copyrights by users may expose both the user and JamStream to liability under the contributory and vicarious infringement doctrines confirmed by the US Supreme Court in Cox Communications, Inc. v. Sony Music Entertainment (2026).

11.3a Performance Rights vs. Composition Rights Distinction

There are two distinct copyrights in music: (1) the musical composition (melody and lyrics, owned by the songwriter/publisher); and (2) the sound recording or performance (owned by the performer or their label). When you play instruments through JamStream's virtual instrument engine and create an original performance, you own the copyright in that performance (assuming no copyrighted underlying composition is used). JamStream's virtual instrument sounds are provided under license and do not convey any intellectual property rights in the sound samples themselves — only in the original creative arrangement you generate. You cannot claim copyright in: (a) the JamStream instrument sounds themselves; (b) scales, arpeggios, or purely mechanical patterns; (c) performances of third-party copyrighted compositions without authorization. When in doubt about your rights in a performance, consult a music attorney.

11.4 Original Compositions

You may freely perform original compositions that you own in full. By performing original compositions on the Service, you represent that you are the sole author and owner of all rights in those compositions, and you grant JamStream the license described in Section 9.2.

11.4a Virtual Instrument Sounds — License Restrictions

The virtual instrument sounds, samples, synthesizer presets, drum kits, and audio assets included in or accessible through the Service ("Instrument Sounds") are licensed to JamStream for use within the Service and are NOT transferred or sublicensed to users. Specifically, you may NOT: (a) extract, download, rip, record, or export any raw Instrument Sound files from the Service; (b) use any Instrument Sound outside of the Service in any commercial or non-commercial project without obtaining a separate license directly from the rights holder; (c) claim copyright ownership over any performance that consists entirely or substantially of Instrument Sounds unmodified by original creative input. Performances you create using Instrument Sounds are subject to the terms of Section 9.4b (Copyright Ownership of Original Live Performances), which governs the original creative elements you contribute, not the underlying Instrument Sounds themselves.

11.5 Public Domain Music

Musical compositions in the public domain (generally, works whose copyright has expired) may be performed freely. However, specific recordings of public domain compositions may still be protected by copyright. Live performances of public domain compositions using JamStream's instruments create new performances owned by you.

11.6 Copyright Infringement Consequences

Performing copyrighted music without the required licenses may expose you to: DMCA takedown; account suspension or termination; civil litigation by rights holders for damages including statutory damages up to $150,000 per infringed work under US law; and other legal consequences. JamStream is not responsible for rights clearance on your behalf and will cooperate with rights holders enforcing their rights against infringing users.

11.7 AI-Generated Music

The copyright status of AI-generated music is an evolving legal area. If you use AI-generated music in the Service, you represent that you have verified the rights status and that such use does not infringe any third party's rights. JamStream does not generate music using AI trained on copyrighted recordings without proper authorization.

11.8 No Recording of Performances

JamStream does not record, capture, store, reproduce, or transmit complete audio performances from Rooms, Battles, or Concerts for any purpose, including AI training, machine learning, commercial exploitation, re-broadcast, or archival. All audio is transmitted in real time, peer-to-peer, via encrypted WebRTC connections. JamStream's servers do not intercept or retain audio content. This is a binding commitment material to performers and rights holders.

11.9 Copyright Statute of Limitations

Under US copyright law (17 U.S.C. § 507(b)), civil copyright infringement claims must be filed within three years of accrual. Under the discovery accrual rule affirmed by the US Supreme Court in Warner Chappell Music, Inc. v. Nealy (2024), damages may be available for acts outside the three-year window where the plaintiff did not and could not reasonably have discovered the infringement earlier. JamStream acknowledges this ruling and commits to maintaining detailed DMCA and takedown records and cooperating with rights holders pursuing claims within applicable limitation periods.

11.10 Secondary and Contributory Copyright Liability

The US Supreme Court decided Cox Communications, Inc. v. Sony Music Entertainment (607 U.S. ___, 2026), affirming that a platform providing service to known copyright infringers can be held liable for contributory infringement even absent direct financial benefit from the specific infringement. The Court held that "supplying a product with knowledge that the recipient will use it to infringe copyrights" constitutes contributory infringement. In light of this ruling — JamStream actively enforces its repeat infringer policy and DMCA obligations as required to maintain DMCA safe harbor protection under 17 U.S.C. § 512. JamStream does not take a financial benefit specifically attributable to infringing activity while having the right and ability to control it. Users acknowledge that JamStream's active enforcement of these obligations is a material condition of the Service, and that undermining or manipulating JamStream's enforcement systems (including submitting false DMCA notices or counter-notices to shield infringing activity) constitutes a material breach of these Terms.

11.11 Allocation of 100% Copyright Liability to You

To the fullest extent permitted by applicable law, and as between you and JamStream, you bear one hundred percent (100%) of all liability, cost, royalty, license fee, statutory or actual damages, settlement, penalty, and expense — including JamStream’s reasonable attorneys’ fees and any amount JamStream pays or becomes obligated to pay to any Performing Rights Organization, collecting society, record label, music publisher, songwriter, performer, or other rights holder — that arises out of or relates in any way to the music, compositions, sound recordings, lyrics, performances, or other copyrighted or rights-protected material you perform, stream, broadcast, transmit, or otherwise make available through the Service, and JamStream bears none. You acknowledge and agree that you, and not JamStream, are the sole party legally responsible for clearing, licensing, and paying for the rights to any such material, whether a claim is asserted against you, against JamStream, or against both. If any rights holder asserts a claim against, or demands any royalty, license fee, or payment from, JamStream that arises from or relates to your User Content or performances, you will reimburse JamStream in full for every amount JamStream pays or incurs (including settlements and legal costs), in addition to your defense and indemnification obligations under Section 18. You irrevocably waive and release any claim, demand, or cause of action against the Indemnified Parties (as defined in Section 18) arising from your own infringement or alleged infringement of any third party’s rights. This Section consolidates and reinforces — and does not limit — your responsibilities and JamStream’s protections under Sections 9, 11, 12, 16, 17, and 18. Consumer carve-out: this allocation applies to consumer users only to the extent permitted by mandatory consumer-protection law in the user’s jurisdiction; for EU/EEA, UK, and Israeli consumer users it is limited as set out in the consumer carve-out in Section 18 and does not exclude any liability that cannot lawfully be excluded.

12. DMCA Notice and Takedown Procedure

12.1 Safe Harbor

JamStream qualifies as an Online Service Provider under 17 U.S.C. § 512(c) and complies with DMCA safe harbor requirements. JamStream's DMCA Designated Agent is registered with the US Copyright Office under registration number DMCA-1071818.

12.2 Designated Agent Information

FieldInformation
Designated AgentDaniel Lozinski
Organizationג'אמסטרים בע"מ (JAMSTREAM LTD)
Company Registration No.517333407
Registration NumberDMCA-1071818
Emaildmca@jamstream.live
AddressHavatselet 6, Kiryat Yam, Israel

12.3 Requirements for a Valid Takedown Notice

A valid DMCA takedown notice must include:

  1. A physical or electronic signature of the copyright owner or their authorized agent;
  2. Identification of the copyrighted work(s) claimed to be infringed;
  3. Identification of the allegedly infringing material on JamStream, with sufficient detail for us to locate it;
  4. Your contact information (name, address, telephone number, and email);
  5. A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
  6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Send notices to: dmca@jamstream.live. Submitting false DMCA notices may result in liability for damages, costs, and attorneys' fees under 17 U.S.C. § 512(f).

12.4 Counter-Notification

If you believe your Content was removed due to a mistake or misidentification, you may submit a counter-notice containing: (a) your physical or electronic signature; (b) identification of the removed material; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; (d) your name, address, telephone, and email, and consent to jurisdiction of the appropriate US federal district court and service of process from the complainant.

12.5 Repeat Infringer Policy

JamStream will terminate Accounts of users who are determined to be repeat copyright infringers. A user is presumptively a repeat infringer upon receipt of three or more valid, uncontested DMCA notices within any rolling 12-month period, or upon any evidence of willful, systematic infringement. JamStream may accelerate this determination based on the severity of infringement.

12.4a TAKE IT DOWN Act — Non-Consensual Intimate Imagery Removal

JamStream complies with the TAKE IT DOWN Act (Pub. L. 119-12, signed into law May 19, 2025), which requires covered platforms to establish a notice-and-removal regime for non-consensual intimate imagery (NCII) — including AI-generated deepfake intimate imagery — and to remove valid-noticed NCII within 48 hours. JamStream's NCII compliance program:

  • 48-hour SLA. JamStream will act on valid NCII removal notices within 48 hours of receipt, including weekends and holidays. The clock runs from time of receipt by JamStream, not from time of submission by the requester.
  • How to submit a request. Send to dmca@jamstream.live with the subject line "NCII REMOVAL REQUEST". Include: (i) a URL or specific identifier for the content (Room name + approximate timestamp; chat message timestamps; profile URLs); (ii) your identity as the depicted person, or your authority to act on the depicted person's behalf (parent/guardian or legal representative); (iii) a statement under penalty of perjury that the content was posted without your consent; (iv) your contact information for response.
  • Removal action. JamStream will remove or disable access to the identified content. JamStream will not restore removed NCII without the express written consent of the depicted person.
  • Account consequences. Accounts that post NCII are subject to immediate permanent termination per Section 10.1.
  • Minor depicted. If the depicted person is or appears to be a minor, JamStream will additionally report to NCMEC and applicable law enforcement, irrespective of any request from the depicted person.
  • Section 230 carve-out acknowledged. JamStream acknowledges that the TAKE IT DOWN Act creates a Section 230 carve-out for failure to comply with the 48-hour removal requirement. JamStream's compliance program is designed to ensure that this carve-out is never invoked against JamStream.
  • Bad-faith notices. Knowingly false NCII notices are themselves a violation of these Terms (Section 10.3) and may expose the submitter to civil liability under applicable false-reporting statutes.

12.5a Counter-Notice False Statement Liability

Any person submitting a counter-notice under 17 U.S.C. § 512(g) who includes materially false representations is liable for damages, costs, and attorneys' fees under 17 U.S.C. § 512(f). By submitting any DMCA notice or counter-notice, you represent under penalty of perjury that all statements therein are true and accurate to the best of your knowledge and belief.

12.6 International Copyright Notices

JamStream also accepts copyright notices under applicable non-US laws, including the EU Copyright Directive (Article 17), Israeli Copyright Act, and UK Copyright, Designs and Patents Act. Send all notices to dmca@jamstream.live.

12.5b Assumption of Risk — Live Audio Rooms

By voluntarily entering any live audio Room, Battle, or Concert on the Service, you knowingly and voluntarily assume all risks associated with real-time interaction with other users, including but not limited to: exposure to offensive, inappropriate, or harmful audio content; interactions with users who misrepresent their identity, age, or intentions; and the inherent unpredictability of live, real-time human interaction. You acknowledge that JamStream cannot pre-screen all audio content in all Rooms simultaneously and that the risks of live audio interaction with strangers are a known and foreseeable feature of this type of platform. Your voluntary entry into a live Room constitutes informed consent to these risks, and you agree that JamStream's liability for harm arising from such voluntary interactions is governed by the limitation of liability in Section 17 of these Terms.

12.6a JamStream Not an Insurer of User Conduct — No Third-Party Liability

JamStream is an interactive platform that hosts User Content and facilitates user interactions. JamStream is NOT: (a) an insurer or guarantor of other users' conduct; (b) responsible for the acts or omissions of any user, including harassment, fraud, defamation, sexual misconduct, IP infringement, or any other harm caused by one user to another; (c) a monitor of all real-time audio content in all Rooms simultaneously. You acknowledge that: (a) you may encounter other users whose conduct is offensive, harmful, deceptive, or illegal; (b) JamStream cannot and does not pre-screen all user conduct in real time; (c) your interactions with other users are at your own risk and JamStream is not a party to disputes between users; (d) JamStream's liability for third-party conduct is limited by Section 230 of the CDA (for US users), DSA conditional immunity (for EU users), and applicable law in other jurisdictions. Your remedy for harmful conduct by another user is to report that user and, where appropriate, contact law enforcement — not to bring claims against JamStream for the other user's independent acts.

13. Privacy and Data Protection

JamStream's collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge and consent to our data practices as described in the Privacy Policy. Key summary:

  • We comply with GDPR (EU/EEA), UK GDPR, CCPA/CPRA (California), Israeli Protection of Privacy Law 5741-1981, LGPD (Brazil), PIPEDA (Canada), and other applicable laws;
  • We do not sell your personal data;
  • We implement industry-standard security measures;
  • Audio streams are transmitted peer-to-peer via encrypted WebRTC connections; we do not record audio;
  • You have rights to access, correct, delete, and port your personal data as described in the Privacy Policy.

14. Safety, Mental Health, and Crisis Response

14.1 Harmful Content Removal

Content that promotes, glorifies, or facilitates self-harm, suicide, eating disorders, or other self-destructive behaviors will be removed without notice. Users who post such content may be referred to crisis resources and/or have their Accounts suspended or terminated.

14.2 Emergency Reporting

If JamStream becomes aware of an imminent risk to the life of any person — whether a user or a third party — we may, consistent with our Privacy Policy and applicable law, disclose relevant information to emergency services. This override of normal privacy protections is authorized by applicable law in most jurisdictions.

14.3 Crisis Resources

If you or someone you know is in crisis, please reach out immediately:

  • Israel — ERAN: 1201 (24/7, free, confidential)
  • US — 988 Suicide & Crisis Lifeline: Call or text 988
  • UK — Samaritans: 116 123
  • International: befrienders.org
  • IASP Crisis Centers: iasp.info

14.4 No Medical Advice

Nothing in the Service constitutes medical, psychological, or therapeutic advice. JamStream is not a mental health platform and should not be used as a substitute for professional mental health care.

14.5 Live Audio Crisis — Platform Cannot Monitor in Real Time

JamStream operates live peer-to-peer audio rooms. JamStream cannot and does not monitor live audio streams in real time for crisis signals, suicidal ideation, self-harm, or any other mental health emergency. This is a fundamental technical characteristic of live peer-to-peer audio — not a design choice. In light of wrongful death litigation involving AI platforms whose systems failed to escalate crisis signals in real time (Garcia v. Character Technologies, M.D. Fla. 2024; Raine v. OpenAI, Cal. Super. Ct. 2025), JamStream explicitly discloses: (a) JamStream provides no real-time crisis detection or intervention in live audio Rooms; (b) JamStream is not a crisis service and is not equipped to provide crisis intervention; (c) JamStream does not employ systems that scan live audio for emotional distress signals; (d) any information shared in a live Room by a user in crisis is not automatically detected by JamStream. If you observe a performer or user who appears to be in crisis during a live Room — including expressing suicidal ideation, self-harm intent, or apparent risk of harm to themselves or others — you must: (1) immediately contact emergency services in your jurisdiction; (2) use the in-Room reporting tool to flag the session for urgent human review; (3) do not rely on JamStream to detect or respond to the crisis automatically. JamStream encourages all users who experience or witness crisis situations to contact emergency services immediately. See Section 14.3 for crisis resources by country.

14.6 UK Online Safety Act — Suicide and Self-Harm Risk Assessment

Under the UK Online Safety Act 2023 and Ofcom's illegal content risk assessment obligation (effective March 16, 2025), JamStream has conducted and maintains a risk assessment for content that encourages or assists suicide or self-harm. JamStream's risk assessment acknowledges that: (a) live audio content cannot be pre-screened; (b) the Service's chat moderation system actively scans text messages for self-harm language and directs users to crisis resources; (c) JamStream maintains the crisis resources listed in Section 14.3; (d) JamStream's content policies prohibit promotion of self-harm (Section 10.1). UK users may report concerns about harmful content to abuse@jamstream.live or to Ofcom at ofcom.org.uk.

15. Moderation, Enforcement, and Account Termination

15.1 JamStream's Enforcement Rights

JamStream reserves the right, in its absolute and unreviewable discretion, to take any of the following actions at any time, with or without prior notice:

  • Issue warnings to users;
  • Remove, edit, or disable any User Content;
  • Temporarily suspend any Account or access to the Service;
  • Permanently terminate any Account;
  • Ban specific IP addresses, device fingerprints, or payment methods;
  • Restrict or remove access to specific features;
  • Forfeit Coins associated with suspended or terminated Accounts;
  • Report conduct to law enforcement agencies, NCMEC, or other authorities;
  • Pursue civil litigation or other legal remedies.

15.1a User-to-User Disputes — JamStream Excluded

JamStream is not a party to any dispute, claim, or cause of action between two or more users arising from their interactions on the Service. If you have a dispute with another user — including disputes arising from harassment, fraud, copyright infringement, defamation, breach of any agreement between users, or any harm caused by one user to another — you release JamStream, its officers, directors, employees, agents, and service providers from any and all claims, demands, damages, losses, and liabilities of every kind, known and unknown, arising from or related to such dispute. If you are a California resident, you waive California Civil Code § 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known by them, would have materially affected their settlement with the debtor or released party."

15.2 Termination by User

You may close your Account at any time by emailing support@jamstream.live. Account closure does not entitle you to any refund except as required by applicable law. Obligations incurred prior to closure (including indemnification obligations) survive termination.

15.3 Effect of Termination

Upon termination (whether by you or JamStream): your license to use the Service terminates immediately; all Coins are forfeited; JamStream may retain data as described in the Privacy Policy; and the following Sections survive: 1, 6, 7, 8 (financial obligations only), 9.2, 12, 15.3, 16, 17, 18, 21, 22, 23, and 24.

15.4 Appeals Process

If you believe enforcement action was taken against your Account in error, you may appeal by emailing appeals@jamstream.live within 30 days of the action, providing your username and the specific action you are disputing. JamStream will review appeals in good faith. Appeals decisions are final. JamStream is not obligated to reinstate any Account or restore any forfeited Coins, even upon a successful appeal.

15.5 No Liability for Enforcement

JamStream is not liable for any loss or damage arising from any enforcement action taken in good faith, including removal of Content or suspension of Accounts, even if such action is later determined to have been in error.

15.1b Account Inactivity Policy

Consistent with GDPR Article 5(1)(e) storage limitation principles, JamStream may close Accounts that have been inactive (no login) for 36 consecutive months. Before closing an inactive Account, JamStream will: (a) send written notice to the registered email address at least 60 days in advance; (b) provide instructions for downloading any account data you wish to retain; (c) provide an opportunity to reactivate the Account by logging in before the closure date. Coins in inactive Accounts will be forfeited upon closure per Section 8.6. Personal data associated with closed inactive Accounts will be handled per the Privacy Policy data retention schedule. If your email address is no longer active and you do not receive the notice, JamStream will proceed with closure after the 60-day period.

15.4a Performers Are Not Employees — Independent Activity

Users who perform music, host Rooms, host Concerts, or participate in Battles on the Service do so as independent, self-directed individuals — not as employees, agents, workers, or contractors of JamStream. JamStream is not the performer's employer, and no employment relationship, agency relationship, joint venture, or partnership exists between JamStream and any performing user. Specifically: (a) JamStream does not control the manner, means, timing, content, or style of any performance; (b) performers set their own schedules and decide independently when and whether to perform; (c) performers are not required to perform any minimum number of hours, sessions, or concerts; (d) performers are free to perform on any other platform simultaneously or at any other time; (e) Tips, gifts, Battle winnings, and Concert ticket revenue received by performers are not wages, salary, or employment compensation — they are voluntary payments from other users, the tax treatment of which is solely the performer's responsibility; (f) JamStream does not withhold income tax, make social security contributions, provide workers' compensation, or extend any employment benefit to performing users. This Section is intended to establish and document the independent, non-employment nature of the platform relationship for purposes of applicable worker classification tests in all jurisdictions, including California AB5, Massachusetts ABC test, EU Platform Work Directive (Directive 2024/2831), Israeli Employment Law, and equivalent laws worldwide. Any user who believes their use of the Service creates an employment relationship must immediately cease performing on the Service and contact legal@jamstream.live.

15.4b Ban Evasion — Technical Prevention and Liability

JamStream employs technical measures to detect and prevent banned users from creating new Accounts, including: (a) phone number verification (one phone number per Account); (b) device fingerprinting signals; (c) IP analysis. No technical measure is perfect. Users who are banned and successfully create a new Account in violation of Section 4.2 do so in breach of these Terms and bear full personal liability for all conduct on the new Account. JamStream's failure to detect and prevent evasion by a banned user does not constitute negligence by JamStream or a failure of a promised safety feature. JamStream accurately represents that it employs reasonable technical deterrents to ban evasion — not that it guarantees perfect prevention. Users who are harmed by a banned user who has evaded detection should report the conduct to abuse@jamstream.live immediately. In appropriate cases involving known bad actors, JamStream may take enhanced enforcement measures including but not limited to blocking payment methods and device identifiers associated with previous violations.

15.4c Post-Session Reporting Window

Users who experience harmful conduct during a live Room, Battle, or Concert session retain the right to report that conduct for 72 hours after the session ends, even if the offending user has left the Room or deleted their Account. Reports submitted within 72 hours of the incident will be reviewed by JamStream with full context available from that session. Reports submitted after 72 hours will be reviewed on a best-efforts basis but evidence may be limited. To submit a post-session report, contact abuse@jamstream.live with the Room name, approximate time of the incident, and username of the offending user (if known).

15.5a Accurate Representation of Safety Features

JamStream only represents safety features that it actually implements. JamStream will not claim to offer protections, safeguards, or safety guarantees that it does not have in place. In lawsuits against Discord and similar platforms, courts have found that platforms may be liable where they: (a) marketed specific safety features that were not implemented; (b) made representations about child protection that were materially false; or (c) knew about systematic predatory use and failed to act. JamStream commits to: (i) accurately describing its safety measures in these Terms and on the Service; (ii) not claiming to offer age verification it does not perform; (iii) not claiming to monitor live rooms in real time when it does not; (iv) not claiming to have "safe" settings that do not function as described; (v) updating these Terms promptly if safety features change. The safety measures described in these Terms reflect JamStream's actual, implemented practices as of the Effective Date, and will be updated as practices evolve.

15.6 Product Liability Disclaimer

In light of emerging product liability theories applied to digital platforms — including Garcia v. Character Technologies, Inc. (M.D. Fla., 2024-2025), in which product liability claims survived a motion to dismiss based on platform design — JamStream expressly states: (a) the Service is a communications and entertainment platform, not a product subject to strict products liability in the traditional sense; (b) JamStream has not designed the Service with features known to cause harm to users; (c) JamStream provides reasonable warnings about risks associated with Service use, including those described in these Terms; (d) any claim that the Service constitutes a defective "product" is expressly denied. You acknowledge that your use of the Service is voluntary and that you have been provided with sufficient information to make an informed decision about whether to use the Service.

15.7 Automated Moderation Systems — Disclosure

JamStream operates automated moderation systems that process chat messages and user conduct in real time. You acknowledge and agree to the following:

  • Automated message scanning: All chat messages sent through the Service are automatically scanned by server-side algorithms for prohibited content, including but not limited to: hate speech, slurs, death threats, harassment, CSAM references, doxxing, and spam. This scanning occurs on JamStream's servers in the United States (Google Cloud / Firebase us-central1 region).
  • Automated flagging: Messages matching prohibited patterns are automatically flagged and stored in JamStream's moderation database for human review. Flagged messages may be removed or hidden from other users.
  • Automated bans — standard violations: Users who accumulate 3 or more automated violations within a session may be automatically suspended for up to 7 days. You will receive a notification if this occurs.
  • Automated bans — severe violations: Users who send content matching a threshold of severe prohibited content (including death threats, CSAM references, and doxxing) may be automatically suspended for up to 30 days without prior warning. Such actions are subject to human review and the appeals process in Section 15.4.
  • Rate limiting: The Service automatically limits users to a maximum number of messages per time window to prevent spam. This is a Service functionality measure, not a disciplinary action.
  • Text normalization: The automated system normalizes text before scanning, including detecting common obfuscation techniques (substituting numbers or symbols for letters). Attempts to evade automated moderation through obfuscation constitute a violation of these Terms.
  • No guarantee of completeness: Automated systems are not perfect and may not detect all prohibited content. JamStream does not warrant that the Service is free from all abusive content. Human moderation and user reporting supplement automated systems.
  • GDPR / automated decision-making: Automated bans that restrict your access to the Service constitute automated decision-making within the meaning of GDPR Article 22. Where applicable law requires, you have the right to request human review of any automated enforcement action by contacting appeals@jamstream.live. This right does not affect JamStream's ability to take immediate automated action to protect other users.

16. Disclaimers and Absence of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. JAMSTREAM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, MALWARE, OR HARMFUL COMPONENTS;
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT;
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS;
  • WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE;
  • WARRANTIES THAT THE SERVICE OR ANY CONTENT IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JAMSTREAM LTD, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND;
  • ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, ANTICIPATED SAVINGS, OR OPPORTUNITY;
  • ANY LOSS OR CORRUPTION OF DATA OR BREACH OF DATA SECURITY;
  • ANY DAMAGE RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA;
  • ANY DAMAGE RESULTING FROM CONDUCT OR CONTENT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE;
  • ANY DAMAGE ARISING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICE;
  • ANY DAMAGE ARISING FROM SERVICE INTERRUPTION, SUSPENSION, OR TERMINATION;
  • ANY DAMAGE ARISING FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS TRANSMITTED THROUGH THE SERVICE BY THIRD PARTIES;
  • ANY OTHER DIRECT OR INDIRECT DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.

IN ANY EVENT, JAMSTREAM'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU ACTUALLY PAID TO JAMSTREAM IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF: THE FORM OF ACTION (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE); WHETHER JAMSTREAM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD, PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

18. Indemnification

To the fullest extent permitted by applicable law, you agree to fully defend, indemnify, and hold harmless JamStream Ltd and its officers, directors, shareholders, employees, agents, contractors, licensors, suppliers, and service providers ("Indemnified Parties") from and against any and all claims, liabilities, damages, penalties, fines, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

  • Your use of or inability to use the Service;
  • Your User Content;
  • Your violation of any provision of these Terms;
  • Your violation of any third party's rights, including intellectual property rights, privacy rights, or publicity rights;
  • Your violation of any applicable law, regulation, or rule;
  • Any representation or warranty you made that was false or misleading;
  • Any dispute between you and any third party arising from or related to the Service;
  • Your fraud, willful misconduct, or negligence;
  • Unauthorized use of your Account credentials by you or any third party acting with your authorization;
  • Wallet/Payout-specific: any chargeback, dispute, reversal, or claim against JamStream by your bank, card issuer, or PayPal arising from a Coin purchase you made; any tax authority claim that you failed to report payout income; any claim by a third party (including the U.S. IRS, a U.S. state tax authority, or a non-U.S. tax authority) that JamStream is liable for taxes you should have paid on payouts you received; any claim arising from your provision of an incorrect, unauthorized, or fraudulent PayPal email at payout request time;
  • Music-rights specific: any claim by a Performing Rights Organization (PRO), collecting society, record label, music publisher, songwriter, or performer against JamStream arising from your performance, streaming, or transmission of music you did not have all necessary rights to use on the Service, including any royalty, license fee, statutory or actual damages, settlement, or other amount JamStream pays or becomes obligated to pay in connection with such claim;
  • Concert-specific: any claim by a ticket purchaser against JamStream arising from your failure to perform a Concert you advertised, where JamStream has refunded the ticket purchaser per Section 8.5;
  • Defamation/right-of-publicity specific: any claim by a real, identifiable person arising from your defamatory statements, deepfakes, or unauthorized reproductions of their voice or likeness through the Service.

JamStream reserves the right, at your expense, to assume exclusive control of any matter subject to indemnification. You agree to cooperate fully with JamStream's defense of such claims. You may not settle any claim without JamStream's prior written consent. This indemnification obligation survives termination of these Terms and your use of the Service.

EU consumer carve-out. The above indemnification obligations apply to commercial users and to consumer users only to the extent permitted by mandatory consumer protection law in the user's jurisdiction. EU/EEA/UK consumer users' indemnification obligations are limited to claims arising from their own willful misconduct, fraud, gross negligence, or material breach of these Terms.

19. Cybersecurity, Technical Conduct, and Prohibited Activities

19.1 Prohibited Technical Conduct

The following technical conduct is strictly prohibited and may constitute violations of the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Israeli Computer Law 5755-1995, EU Directive 2013/40/EU, and equivalent laws worldwide:

  • Unauthorized access to or probing of the Service's systems, databases, or networks;
  • Introducing viruses, malware, ransomware, trojans, keyloggers, spyware, worms, or any other malicious or harmful code;
  • Denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks against the Service or its users;
  • Man-in-the-middle attacks, session hijacking, or packet sniffing targeting the Service;
  • SQL injection, cross-site scripting, or any other injection attack;
  • Attempting to gain unauthorized access to other users' Accounts or personal data;
  • Circumventing or disabling any technical protection measures, including WebRTC encryption, Firebase security rules, or authentication systems;
  • Using the Service to launch attacks against third-party systems;
  • Using the TURN server credentials obtained through the Service for any purpose other than legitimate WebRTC connection establishment through the Service.

19.1a Reasonable Security Safeguards and Safe Harbor

JamStream implements reasonable and appropriate technical, administrative, and physical safeguards to protect user data and Service infrastructure, consistent with applicable law including: (a) GDPR Article 32 security obligations; (b) Israeli Protection of Privacy Regulations (Data Security), 5777-2017; (c) CCPA/CPRA security obligations; and (d) state safe harbor provisions including Nebraska LB241 (2024), which provides immunity from data breach class actions for entities that implement and maintain reasonable cybersecurity programs, provided conduct is not willful, wanton, or grossly negligent. JamStream's security program includes the measures described in the Privacy Policy Section 8. JamStream periodically reviews and updates its security practices to address evolving threats.

19.2 Responsible Disclosure

If you discover a security vulnerability in the Service, please report it responsibly to security@jamstream.live before public disclosure. JamStream will acknowledge receipt within 72 hours and work to address confirmed vulnerabilities. We do not have a formal bug bounty program at this time but may offer recognition for legitimate, responsibly disclosed reports.

19.3 Security Incident Response

JamStream will notify affected users of data security incidents in accordance with applicable law (within 72 hours to supervisory authorities under GDPR where feasible). You agree to cooperate with JamStream's security investigations and to notify us promptly if you become aware of any security incident affecting the Service.

20. Third-Party Services and External Links

The Service integrates with third-party services including Google Firebase, Twilio, and Cloudflare. The Service may also contain links to external websites and services. JamStream is not responsible for: the availability, accuracy, reliability, or security of third-party services; the terms, practices, or content of third-party services; any damage or loss caused by third-party services; and any transaction you enter into with a third party. Your use of third-party services is governed by their own terms and policies, which you should review independently.

21. Governing Law and Dispute Resolution

21.1 Governing Law

These Terms are governed by the laws of the State of Israel, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2 Exclusive Jurisdiction

Subject to Section 21.4, you irrevocably consent to the exclusive jurisdiction of the competent courts located in Israel for resolution of any dispute. You waive all objections to personal jurisdiction and venue in Israel.

21.3 Informal Dispute Resolution — Mandatory Pre-Condition

Before initiating any formal legal proceeding, you agree to first attempt to resolve the dispute by contacting legal@jamstream.live with a written description of the dispute and your desired resolution. The parties shall negotiate in good faith for 30 days. This pre-condition is a mandatory prerequisite to filing any legal claim, except where seeking emergency injunctive relief.

21.3a Binding Arbitration (Non-EU/UK Users)

If you are located outside the European Union and United Kingdom, the following binding arbitration agreement applies: (a) YOU AND JAMSTREAM AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE — INCLUDING THE INTERPRETATION, FORMATION, PERFORMANCE, OR BREACH THEREOF — SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION rather than in court, except as provided in (d), (e), and (f) below; (b) arbitration shall be conducted under the Rules of the Israeli Institute of Commercial Arbitration, or, by mutual written agreement, under the UNCITRAL Arbitration Rules; (c) the arbitration shall be conducted in English, seated in Tel Aviv, Israel, before a single arbitrator; (d) notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, and either party may bring small-claims-court actions where applicable; (e) SEXUAL ASSAULT AND SEXUAL HARASSMENT CARVE-OUT (US users): consistent with the U.S. Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (Pub. L. 117-90, codified at 9 U.S.C. § 402), this arbitration agreement and the class-action waiver in Section 21.5 are void and unenforceable as applied to any claim of sexual assault or sexual harassment. A user with such a claim may, at the user's sole election, bring the claim in court (individually or as part of a class action) notwithstanding any other provision of these Terms; (f) WHISTLEBLOWER ACT CARVE-OUT (US users): consistent with the U.S. Speak Out Act (Pub. L. 117-224), pre-dispute non-disclosure and non-disparagement clauses are unenforceable with respect to allegations of sexual assault or sexual harassment; nothing in these Terms shall be construed to prevent a user from disclosing such allegations to law enforcement, regulators, or in legal proceedings; (g) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, except as required by the carve-outs in (e) and (f); (h) if this arbitration agreement is found unenforceable for a particular claim, that claim shall be resolved exclusively by the courts of Israel pursuant to Section 21.2; (i) you and JamStream waive any right to a jury trial for all disputes subject to this arbitration agreement, except where waiver is itself unenforceable as a matter of public policy in the user's jurisdiction.

21.3a-1 30-Day Right to Opt Out of Arbitration (US users)

You have the right to opt out of the arbitration agreement and class-action waiver by mailing or emailing a written, signed opt-out notice to legal@jamstream.live with subject line "ARBITRATION OPT-OUT" within 30 days of first creating an Account. The notice must include your username, registered email address, and a clear statement that you opt out of the arbitration agreement. Opting out does not affect any other provision of these Terms; you remain bound by the rest. JamStream will acknowledge receipt of valid opt-out notices in writing.

21.3b Mass Arbitration — Bellwether Procedure

In light of Heckman v. Live Nation Entertainment, Inc. (9th Cir. 2024) — which struck down Ticketmaster's anti-mass-arbitration clause incorporating New Era ADR rules as procedurally and substantively unconscionable — JamStream adopts the following anti-mass-arbitration procedure using established, widely-accepted rules rather than proprietary provisions: (a) if 25 or more substantially similar arbitration demands are filed against JamStream by different claimants within any 12-month period raising the same or substantially similar legal claims ("Mass Claims"), those claims shall be administered under the American Arbitration Association's Supplementary Rules for Multiple Case Filings or JAMS's Mass Arbitration Procedures, whichever the claimants' counsel selects; (b) a bellwether process shall apply: the first 5 cases shall be selected — 3 by claimants' counsel and 2 by JamStream — and decided on the merits before the remaining cases proceed; (c) the results of the bellwether proceedings are not binding precedent on non-participating claimants, but may inform settlement discussions; (d) this provision does not limit any individual's right to pursue their claim on an individual basis, and does not constitute a class action mechanism; (e) JamStream will pay its share of arbitration fees under the applicable AAA or JAMS consumer fee schedule. This provision does not apply to EU/UK consumers whose rights under Section 21.4 are not affected.

21.4 EU/UK Consumer Rights — Mandatory Local Law Prevails

If you are a consumer located in the European Union, the European Economic Area, or the United Kingdom, the following applies notwithstanding any other provision of these Terms:

  • Mandatory consumer law prevails. Mandatory consumer protection laws of your country of residence apply to your relationship with JamStream and cannot be waived by these Terms. Where any provision of these Terms conflicts with a mandatory provision of consumer law in your jurisdiction, the mandatory provision applies and the conflicting Terms provision is severed only to the extent of the conflict.
  • No mandatory arbitration. The arbitration agreement in Section 21.3a does not apply to EU/EEA/UK consumers. Such consumers may pursue claims in their local courts.
  • No class-action waiver where unenforceable. Class-action and representative-proceeding waivers (Section 21.5) are void and unenforceable as to EU/EEA/UK consumers under the EU Unfair Contract Terms Directive 93/13/EEC, the EU Representative Actions Directive (EU) 2020/1828, and equivalent UK consumer protection law.
  • EU Online Dispute Resolution (ODR) platform. EU consumers may submit a complaint via the EU ODR platform at ec.europa.eu/consumers/odr. Note that the EU Commission has announced the ODR platform will sunset on July 20, 2025; subsequent dispute resolution will be via national consumer protection bodies.
  • Local court jurisdiction preserved. EU/EEA/UK consumers may bring proceedings in the courts of their country of habitual residence, in accordance with Brussels I Recast Regulation (EU) 1215/2012 Article 18 and equivalent UK provisions.
  • Severability protected. If any provision of these Terms is unenforceable as to EU/EEA/UK consumers, all other provisions remain in full force as to those consumers, and as to non-EU/EEA/UK users without modification (Section 23.4).

21.5 Class Action Waiver

SUBJECT TO SECTIONS 21.3a(e) (SEXUAL ASSAULT/HARASSMENT CARVE-OUT) AND 21.4 (EU/EEA/UK CONSUMER CARVE-OUT), AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS WAIVER OPERATES INDEPENDENTLY OF THE ARBITRATION AGREEMENT IN SECTION 21.3a; IF THE ARBITRATION AGREEMENT IS HELD UNENFORCEABLE FOR ANY REASON, THIS CLASS-ACTION WAIVER REMAINS IN EFFECT TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW OF THE FORUM, EXCEPT WHERE STATE OR NATIONAL LAW IN THE USER'S JURISDICTION RENDERS A FREESTANDING CLASS-ACTION WAIVER UNENFORCEABLE (E.G., NEW JERSEY, ONTARIO, QUEBEC, FRANCE, GERMANY, AND OTHER JURISDICTIONS WITH SIMILAR PUBLIC-POLICY DOCTRINES), IN WHICH CASE THIS SECTION IS SEVERED ONLY AS TO USERS IN THOSE JURISDICTIONS PER SECTION 23.4.

21.6 Time Limitation on Claims

ANY CLAIM YOU HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM, OR SUCH SHORTER PERIOD AS PERMITTED BY APPLICABLE LAW. CLAIMS NOT FILED WITHIN THIS PERIOD ARE PERMANENTLY BARRED.

21.7 Equitable Relief

Nothing in this Section prevents JamStream from seeking emergency injunctive or other equitable relief from any court of competent jurisdiction to prevent irreparable harm, including in cases of intellectual property infringement, trade secret misappropriation, or unauthorized access to the Service.

22. International Use and Multi-Jurisdictional Compliance

The Service operates globally. JamStream complies with the following laws as applicable:

JurisdictionApplicable Laws
Israel (Primary)Protection of Privacy Law 5741-1981; Copyright Act 2007; Commercial Torts Law 5759-1999; Computer Law 5755-1995; Consumer Protection Law 5741-1981
European Union / EEAGDPR (Regulation 2016/679); EU Copyright Directive (2019/790); DSA (Digital Services Act); Directive 2013/40/EU (Cybercrime)
United KingdomUK GDPR; Data Protection Act 2018; Copyright, Designs and Patents Act 1988; Computer Misuse Act 1990
United StatesDMCA (17 U.S.C. § 512); COPPA (15 U.S.C. §§ 6501-6506); CCPA/CPRA; CFAA (18 U.S.C. § 1030); DTSA (18 U.S.C. § 1836)
BrazilLGPD (Lei Geral de Proteção de Dados, Law 13,709/2018)
CanadaPIPEDA; provincial privacy laws
AustraliaPrivacy Act 1988; Australian Copyright Act 1968

Users are responsible for their own compliance with applicable local laws. JamStream reserves the right to restrict access in jurisdictions where operation would be impractical or unlawful.

22.4a State Consumer Protection Laws (US)

In addition to federal law, JamStream's own conduct (as distinct from User Content) is subject to state consumer protection laws in US states where JamStream operates. In Commonwealth v. Meta Platforms, Inc. (Mass. SJC, April 2026), the Massachusetts Supreme Judicial Court held that state consumer protection claims could proceed against a platform for the platform's own conduct even where § 230 would bar claims based on user content. JamStream commits to: (a) not making false or misleading statements about the safety features, privacy protections, or capabilities of the Service; (b) not engaging in unfair or deceptive trade practices under applicable state consumer protection laws; (c) promptly correcting any materially misleading statements in its marketing or Service descriptions; (d) honoring all specific commitments made in these Terms regarding safety, privacy, and moderation practices. If JamStream has promised a specific feature or protection in these Terms and fails to implement it, that failure may itself constitute a violation of applicable consumer protection law.

22.4b Australia — Online Safety Amendment (Social Media Minimum Age) Act 2024

Australia's Online Safety Amendment (Social Media Minimum Age) Act 2024, effective December 10, 2025, requires age-restricted social media platforms to take reasonable steps to prevent Australians under the age of 16 from creating or maintaining accounts, with penalties of up to AUD $49.5 million for non-compliance. JamStream is an 18+ platform with mandatory date-of-birth verification at registration, phone number verification, and technical enforcement. JamStream's strict 18+ age requirement — which exceeds the Australian 16+ threshold — is JamStream's primary compliance measure. Australian users who circumvent JamStream's age verification in violation of Section 3.2 bear full personal responsibility for that circumvention, consistent with the Act's structure which places compliance obligations on platforms, not on individual users.

22.4c South Korea — Act on Promotion of Network Utilization and Information Protection

South Korea's amended Network Act, effective July 2026, expands prohibited content to include material inciting violence or discrimination and false or manipulated information infringing personal or property rights, and introduces punitive damages of up to five times actual damages for intentional or negligent distribution of harmful false information. Korean users of the Service are subject to both these Terms and applicable Korean law. JamStream complies with its content moderation obligations under Section 15 to address prohibited content upon gaining actual knowledge. Large-scale service provider obligations (transparency reporting) under the amended Act will apply to JamStream if and when JamStream meets the applicable user threshold.

22.4d India — Information Technology Act and Digital Personal Data Protection Act

India's Digital Personal Data Protection Act (DPDPA, 2023, as amended) applies to JamStream as a data fiduciary processing personal data of users located in India. Indian users have rights including the right to access, correct, and erase their personal data, the right to nominate a representative for data rights, and the right to lodge grievances. Contact privacy@jamstream.live for Indian data rights requests. JamStream complies with the DPDPA's data principal rights obligations and will appoint a local representative for India if and when required by applicable threshold regulations. India's bills criminalizing deepfakes and online harassment are addressed through JamStream's existing prohibitions in Sections 9.4a, 10.1a-2, and 10.1d of these Terms.

22.4e Video Privacy Protection Act (VPPA) — Disclosure

The Video Privacy Protection Act (18 U.S.C. § 2710) prohibits video tape service providers from knowingly disclosing personally identifiable information of consumers to third parties. JamStream hereby discloses: (a) JamStream does not sell, rent, or disclose to any third party information identifying specific users as having participated in specific video or audio Room sessions for any advertising, analytical, or commercial purpose; (b) error tracking data transmitted to Sentry (our error monitoring service, EU region) includes only technical session metadata (error type, stack trace, browser version, anonymized user identifiers where consent is provided) and does not link identified individuals to specific video content consumed; (c) JamStream does not use the Meta Pixel, Google Analytics, Facebook SDK, or any behavioral advertising SDK that would associate Room participation with user identities for third-party targeting; (d) to the extent JamStream is a "video tape service provider" under VPPA, it complies with VPPA's disclosure prohibition. US users may submit VPPA requests to privacy@jamstream.live.

22.5 UK Online Safety Act 2023

JamStream complies with the UK Online Safety Act 2023 ("OSA"), enforced by Ofcom. JamStream's obligations include: (a) conducting risk assessments for illegal content and content harmful to children; (b) implementing proportionate safety measures; (c) maintaining accessible reporting and complaints mechanisms; (d) expeditiously removing illegal content including CSAM, terrorism content, hate speech, and harassment; and (e) applying enhanced protections for child users. UK users may report concerns to abuse@jamstream.live or to Ofcom at ofcom.org.uk.

22.6 Brazil — Platform Content Liability

Following the Brazilian Supreme Court's June 2025 ruling declaring Article 19 of the Marco Civil da Internet (MCI) unconstitutional, JamStream acknowledges that for Brazilian users: (a) JamStream may be held civilly liable for failing to remove unlawful content after direct notification by an affected party, without requiring a prior court order; (b) Brazilian users may notify JamStream directly of unlawful content at abuse@jamstream.live; (c) JamStream will act expeditiously on such notifications consistent with its content policies and LGPD obligations.

22.6a EU Artificial Intelligence Act (AI Act) Compliance

The EU Artificial Intelligence Act (Regulation (EU) 2024/1689, "AI Act") entered into force August 2024, with initial prohibitions applying from February 2025. JamStream confirms compliance with the AI Act's requirements applicable to its operations: (a) JamStream does not deploy any AI system that falls into the prohibited category under the AI Act, including systems that use subliminal techniques to manipulate behavior, exploit vulnerabilities of persons, implement social scoring, or conduct real-time biometric identification in public spaces; (b) JamStream does not use AI-based emotion recognition or biometric categorization systems in the Service; (c) to the extent JamStream employs any AI systems for moderation or safety purposes, such systems are operated in compliance with applicable transparency and human oversight obligations; (d) JamStream does not use AI to generate synthetic audio performances of users without their explicit consent.

22.7 EU Digital Services Act (DSA) Compliance

The DSA (EU Regulation 2022/2065), fully in force since February 17, 2024, applies to JamStream as a hosting service provider offering services to EU/EEA recipients. JamStream's DSA compliance includes: (a) accessible mechanisms for users to flag illegal content (use in-Service report tools or email abuse@jamstream.live); (b) expeditious action upon gaining actual knowledge of illegal content; (c) providing statements of reasons for content moderation decisions that significantly affect users; (d) an internal complaint mechanism for disputed moderation decisions (email appeals@jamstream.live); (e) prohibition on dark patterns; (f) enhanced protections for Minors. JamStream is currently not a Very Large Online Platform (VLOP; threshold: 45 million EU monthly active users). If designated as a VLOP, additional DSA obligations will apply. EU users may contact the Digital Services Coordinator in their Member State.

22.8 Master Geographic Restrictions, Local-Law-Prevails, and Excluded Jurisdictions

(a) JamStream is a global service offered from Israel. The Service is operated from the State of Israel. JamStream makes the Service available to users worldwide except in jurisdictions described in (b) below or where access is otherwise restricted by JamStream or applicable law.

(b) Excluded Jurisdictions. The Service is not offered to, and may not be used by, persons resident in or accessing from: (i) jurisdictions subject to comprehensive U.S. OFAC sanctions, currently including the Crimea region of Ukraine, the so-called Donetsk People's Republic and Luhansk People's Republic, Cuba, Iran, North Korea, and Syria, and any other jurisdiction subsequently subject to comprehensive sanctions; (ii) jurisdictions subject to comprehensive sanctions under EU Council Regulations or UK sanctions; (iii) jurisdictions in which the Service is technically blocked at the State level, including (without an admission of any wrongdoing) the People's Republic of China, where the Service does not hold an ICP license and is not designed for compliance with PRC content review or data residency law; (iv) the Russian Federation and the Republic of Belarus, to the extent compliance with Federal Law 152-FZ data residency or other local data-localization rules is not feasible; (v) any other jurisdiction in which JamStream determines, in its sole discretion, that operation would be unlawful, unduly burdensome, or otherwise impractical.

(c) Local mandatory law prevails. Without limiting Sections 21.4 and 25.13, where any provision of these Terms is inconsistent with a non-waivable mandatory provision of the consumer-protection, privacy, or other public-policy law of a user's country of residence (a "Local Mandatory Provision"), the Local Mandatory Provision prevails over the inconsistent provision of these Terms solely as to that user, and the remaining provisions of these Terms continue in full force. Without limitation, this includes: U.S. state non-waivable consumer protections (e.g., NJ, MA, CA); EU Member State implementation of UCTD, CRD, GDPR, ePrivacy; UK CRA 2015, DMCC, OSA; Quebec Civil Code consumer-protection provisions and Bill 96 / Law 25; Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010); New Zealand Consumer Guarantees Act 1993; Japanese Consumer Contract Act and APPI; South Korean PIPA; Chinese PIPL (where applicable); Brazilian CDC and LGPD; Mexican LFPDPPP; South African POPIA; Indian DPDPA; Israeli Consumer Protection Law 5741-1981.

(d) Right to geo-block. JamStream may, at its sole discretion and without prior notice, restrict, suspend, or terminate access to all or any part of the Service from any specific country, region, IP range, ISP, or category of users where JamStream concludes that: (i) operation in or to that location would be unlawful or risk material legal exposure; (ii) it is necessary to comply with a court order, regulatory directive, or sanctions regime; (iii) ongoing operation would require regulatory licensing or registration JamStream has not obtained; (iv) the location presents unacceptable abuse, fraud, or security risk; or (v) JamStream's payment processor or other critical service provider has restricted JamStream's ability to operate in that location. Geographic restrictions take effect immediately upon implementation. JamStream is not liable for any loss arising from geographic restrictions.

(e) User responsibility for local law. You are responsible for ensuring that your access to and use of the Service is lawful in your country of residence and any country from which you access the Service. The mere availability of the Service in your location does not constitute a representation by JamStream that your use is lawful in that location. Where local law requires content licenses, age verification methods, registration, payment intermediaries, tax remittance, or other compliance steps that JamStream does not currently undertake, you are responsible for evaluating whether your use is lawful.

(f) Export controls. The Service may include software and data subject to U.S. Export Administration Regulations (EAR), Israeli Defense Export Control Law 5767-2007, EU Dual-Use Regulation 2021/821, and analogous laws. You represent that you are not located in, under the control of, or a national of any country to which export of the Service is prohibited; that you are not on the U.S. Treasury Department's Specially Designated Nationals (SDN) List, the Denied Persons List, the Entity List, or any analogous list maintained by Israel, the EU, the UK, the UN, or any other competent authority; and that you will not use the Service to develop, produce, or use chemical, biological, nuclear, or radiological weapons or missile technology.

22.9 Switzerland — revised Federal Act on Data Protection (nFADP)

JamStream processes personal data of Swiss users in accordance with the revised Federal Act on Data Protection (nFADP), in force since September 1, 2023, including the data subject rights under Articles 25–32 nFADP, the cross-border transfer rules under Article 16, and the breach-notification obligation under Article 24. Swiss users may exercise their rights at privacy@jamstream.live and may complain to the Federal Data Protection and Information Commissioner (FDPIC) in Bern.

Swiss Representative (Article 14 FADP). Effective May 25, 2026, JamStream has appointed Prighter CH GmbH as its representative in Switzerland for purposes of Article 14 FADP. Contact: Prighter CH GmbH, Obergrundstrasse 17, 6002 Luzern, Switzerland (UID CHE-477.022.613). Swiss data subjects and the FDPIC may direct inquiries to the dedicated portal at app.prighter.com/portal/jamstream (Prighter Client ID: 16835533678). Inquiries are forwarded to JamStream and answered within statutory response times.

22.10 Japan — Act on the Protection of Personal Information (APPI)

For users in Japan, JamStream complies with the Act on the Protection of Personal Information (Act No. 57 of 2003, as amended), including obligations regarding cross-border transfer of personal data (Article 28), purpose-of-use specification (Article 17), and the data subject rights of access, correction, suspension of use, and deletion (Articles 33–35). Cross-border transfer of personal data of Japanese data subjects to JamStream's primary processing locations (Israel, EU/EEA) is conducted on the basis of the data subject's consent and JamStream's contractual safeguards with sub-processors equivalent to those required by APPI implementing rules. Japanese users may contact privacy@jamstream.live for APPI rights requests, and may complain to the Personal Information Protection Commission (PPC).

22.11 Mexico — LFPDPPP

For users in Mexico, JamStream complies with the Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares, "LFPDPPP"), including the principles of lawfulness, consent, information, quality, purpose, loyalty, proportionality, and accountability. Mexican users have ARCO rights (access, rectification, cancellation, opposition) and may exercise them at privacy@jamstream.live. JamStream's English-language Privacy Policy is provided as a courtesy translation; the Spanish text required for Mexican consumers is available upon request to privacy@jamstream.live and the Spanish text shall control where required by Mexican law.

22.12 South Africa — POPIA

For users in South Africa, JamStream complies with the Protection of Personal Information Act, 2013 (POPIA), in force since July 2021, including the eight conditions for lawful processing in Chapter 3, the special categories under Section 26, and the cross-border transfer requirements under Section 72. South African users may exercise their data subject rights at privacy@jamstream.live and may complain to the Information Regulator.

22.13 Canada — Federal and Provincial Privacy Laws

For users in Canada, JamStream complies with the Personal Information Protection and Electronic Documents Act (PIPEDA) at the federal level. JamStream additionally observes substantially-similar provincial laws applicable to private-sector personal information processing in Quebec (Law 25 / Act respecting the protection of personal information in the private sector, as amended), British Columbia (PIPA-BC), and Alberta (PIPA-AB). For Quebec users specifically: (a) JamStream offers the Service in English and acknowledges that Quebec's Charter of the French Language (the "Charter") and Bill 96 require certain consumer-facing communications to be available in French; (b) where required by Charter and Bill 96, French-language versions of consumer-facing materials are available on request to privacy@jamstream.live; (c) Quebec consumer protections under the Civil Code of Québec and the Quebec Consumer Protection Act prevail over inconsistent provisions of these Terms for Quebec residents.

22.14 Australia and New Zealand — Consumer Law

For users in Australia, JamStream's Service is subject to the consumer guarantees in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010). Nothing in these Terms purports to exclude, restrict, or modify any consumer guarantee, right, or remedy that cannot be excluded, restricted, or modified under the Australian Consumer Law. Where JamStream's liability under these Terms is limited, that limitation applies only to the maximum extent permitted by the Australian Consumer Law, and to the extent the Australian Consumer Law applies, JamStream's liability for failure to comply with a consumer guarantee in respect of services is limited (at JamStream's election) to: (a) supplying the services again; or (b) paying the cost of having the services supplied again. For users in New Zealand, the Consumer Guarantees Act 1993 applies on analogous terms; nothing in these Terms purports to exclude or limit non-waivable rights under the CGA.

22.15 Middle East and North Africa — Local Content Restrictions

JamStream acknowledges that several jurisdictions in the Middle East and North Africa, including the Kingdom of Saudi Arabia, the United Arab Emirates, the State of Qatar, the Arab Republic of Egypt, the Hashemite Kingdom of Jordan, and others, maintain local laws restricting categories of online content (including but not limited to content concerning religion, monarchies, sexual orientation, and morality) and imposing local takedown or content-blocking obligations on platforms. JamStream is not present in those jurisdictions and does not maintain local representatives there. JamStream will respond to valid legal process from authorities in those jurisdictions consistent with Section 25.11 (cross-border legal process) and Section 6.4a of the Privacy Policy. Users in those jurisdictions are personally responsible for compliance with their local content laws and may face local-law consequences for content created or consumed on the Service that is lawful elsewhere. JamStream may, at its discretion, geographically restrict access from these jurisdictions in response to specific takedown or blocking orders.

22.16 Other Asian Jurisdictions — Vietnam, Thailand, Indonesia, Pakistan, Turkey, and Others

JamStream acknowledges that Vietnam (Law on Cybersecurity 2018), Thailand (Computer-Related Crime Act and Lèse-majesté provisions of the Criminal Code), Indonesia (Law on Information and Electronic Transactions and MR 5/2020), Pakistan (Prevention of Electronic Crimes Act 2016), Turkey (Law No. 5651 and Law No. 7253), Egypt, and other jurisdictions maintain local content-control regimes. JamStream is not registered as a domestic operator in those jurisdictions and does not undertake to comply with local content-licensing or registration regimes that would require establishing a domestic legal presence. JamStream will respond to valid legal process consistent with Section 25.11 and may geographically restrict access from any such jurisdiction at its discretion. Users from those jurisdictions are personally responsible for compliance with applicable local law.

22.17 PRC, Russia, and Other Restricted-Operations Jurisdictions

JamStream does not hold an Internet Content Provider ("ICP") license, an Online Cultural Operations License, or any other Chinese content-related license required for lawful operation of the Service in the People's Republic of China. JamStream does not warrant the lawfulness of access from the PRC; users accessing from the PRC do so at their own risk and contrary to PRC law. Personal information of PRC residents may only be transferred outside the PRC pursuant to mechanisms permitted by the Personal Information Protection Law (PIPL), including standard contracts, government security assessments, or specific consent — none of which JamStream presently maintains. Accordingly, JamStream's general policy is that the Service is not intended for use within the PRC. Analogous statements apply to the Russian Federation under Federal Law 152-FZ; Belarus; and any other jurisdiction with comprehensive data-localization or content-licensing requirements that JamStream has not satisfied.

22.18 OFAC, EU, UK, UN, and Israeli Sanctions — Compliance and Termination

You represent and warrant that: (a) you are not located in, ordinarily resident in, or a national of any jurisdiction subject to comprehensive U.S., EU, UK, UN, or Israeli sanctions; (b) you are not identified on the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce's Denied Persons List or Entity List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions, the UK Office of Financial Sanctions Implementation ("OFSI") Consolidated List, the United Nations Consolidated Sanctions List, or the Israeli Counter-Terrorism Law list; and (c) you will not use the Service to violate, evade, or facilitate any violation or evasion of any applicable sanctions law. JamStream may immediately suspend or terminate the Account of any user reasonably believed to be in violation of this Section, and JamStream will cooperate with sanctions authorities. The Account-termination provisions of Section 15 apply.

23. General Provisions

23.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published on the Service by JamStream, constitute the entire agreement between you and JamStream regarding the Service and supersede all prior agreements, representations, and understandings.

23.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision is severable and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

23.3 No Waiver

JamStream's failure or delay in exercising any right, power, or remedy under these Terms shall not operate as a waiver. A waiver of any breach shall not be deemed a waiver of any subsequent breach. All waivers must be in writing and signed by an authorized representative of JamStream.

23.4 Assignment

You may not assign, transfer, sublicense, or delegate your rights or obligations under these Terms to any third party without JamStream's prior written consent. JamStream may freely assign or transfer these Terms, in whole or in part, to any affiliate, successor entity, or in connection with a merger, acquisition, reorganization, or sale of all or substantially all assets, without restriction or notice.

23.5 Amendments

JamStream reserves the right to amend these Terms at any time. We will provide reasonable notice of material changes by: posting updated Terms on the Service; updating the "Last Updated" date; and, for major changes, sending a notification to registered users. Your continued use of the Service following the effective date of changes constitutes your acceptance. If you do not agree, you must stop using the Service.

23.6 Force Majeure

JamStream shall not be liable for delays or failures in performance resulting from events beyond our reasonable control, including: acts of God, war, armed conflict, missile attacks, rocket fire, military operations, civil unrest, terrorism, acts of foreign or domestic enemies, declaration of a state of emergency or state of war by the Government of Israel or any other applicable government, pandemics, government actions, regulatory actions requiring suspension of Service, embargoes, sanctions, cyberattacks by third parties, natural disasters, power outages, Internet infrastructure failures, or failure of third-party service providers (including Firebase, Cloudflare, PayPal, or Twilio). JamStream is an Israeli company and the occurrence of armed conflict in or near Israel is a foreseeable risk that this clause is specifically intended to address. Performance affected by any such event shall be excused for the duration of the event plus a reasonable recovery period. If JamStream determines that the Service cannot be safely or legally operated due to a force majeure event, JamStream may suspend or terminate the Service without liability, subject only to applicable consumer law requirements regarding refunds for prepaid services.

23.7 No Agency or Partnership

Nothing in these Terms creates or implies any agency, partnership, joint venture, employment, or franchise relationship between you and JamStream. You may not make any representation on behalf of JamStream or bind JamStream in any way.

23.8 Language

The controlling version of these Terms is the English version. In case of any conflict or inconsistency between the English version and any translated version, the English version prevails.

23.9 No Third-Party Beneficiaries

These Terms are for the benefit of JamStream and you only. They do not create rights in any third party unless expressly stated.

23.8a Accessibility Commitment and Statement

JamStream is committed to making the Service accessible to users with disabilities under the following legal frameworks:

Israel (IS 5568): Israeli Standard IS 5568 (WCAG 2.1 Level AA), enacted under the Equal Rights for Persons with Disabilities Law 5758-1998. Non-compliance enables statutory damages up to NIS 50,000 per claim without proof of actual harm.

EU (EAA): The European Accessibility Act (Directive 2019/882), effective June 28, 2025, applies to JamStream as a provider of e-commerce services (coin purchases) to EU consumers. Standard: WCAG 2.1 Level AA (EN 301 549).

US (ADA): Title III of the ADA. Standard: WCAG 2.1 Level AA per DOJ 2024 guidance.

UK (Equality Act 2010): Standard: WCAG 2.1 Level AA.

Accessibility Coordinator: Contact accessibility@jamstream.live. Response within 2 business days, substantive response within 10 business days. Last review: April 2026.

Live Audio/UGC Limitation: Real-time live audio streamed by users (User Content) is exempt from platform accessibility obligations under IS 5568 and WCAG 2.1, which acknowledge that third-party live audio cannot be captioned in real time by the platform. JamStream is not responsible for the accessibility of live audio content created by performers. JamStream is not responsible for the accessibility of other User Content (chat messages, user profiles). Users may report inaccessible User Content to accessibility@jamstream.live.

Ongoing: JamStream's accessibility program is ongoing. If you encounter a barrier, please contact accessibility@jamstream.live and we will work to address it.

23.9a Terms Enforceability — Acceptance Mechanism and Unconscionability

These Terms are presented as a "clickwrap" or "sign-in wrap" agreement, consistent with enforceability standards established in Specht v. Netscape Communications Corp. (2d Cir. 2002) and subsequent US and Israeli case law. By registering an Account or using the Service after being presented with notice of these Terms, you have manifested assent. JamStream maintains records of acceptance events. If any provision of these Terms is found unconscionable, unreasonably one-sided, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force. JamStream has endeavored to ensure that no provision is unconscionable or contrary to users' reasonable expectations, while maintaining legally necessary protections for JamStream's business, intellectual property, and operational continuity.

23.9c Deceased User Accounts and Estate Policy

Upon the death of a user, JamStream's policy is as follows: (a) Account access — Accounts are personal to the user and are not transferable. JamStream does not provide estate representatives with account passwords or enable posthumous login. (b) Account closure — Verified immediate family members or legal representatives of the deceased may request account closure by contacting support@jamstream.live with proof of death and their authority to act on behalf of the estate. (c) Coins — Coins in a deceased user's Account are not transferable to heirs and are forfeited upon account closure. Coins have no monetary value and do not form part of a deceased user's estate. (d) Pending Payout Requests — A pending Creator Payout request (Section 8.14) submitted before death may be processed to the registered PayPal account if (i) the request is otherwise valid, (ii) the registered PayPal account is still active, and (iii) JamStream is provided proof of death and the executor's authority. JamStream is not obliged to process payouts to alternative recipients, alternative PayPal accounts, or estates as such; JamStream may, in its discretion, mark such requests as cancelled and reject them, in which case the corresponding Coins are forfeited per (c). (e) Data — JamStream will treat posthumous data requests in accordance with applicable law, including where local law provides specific rights to family members or legal representatives. (f) No estate liability — JamStream is not liable to the estate or heirs of a deceased user for any Coins, features, or account value lost upon account closure.

23.9d Bankruptcy, Insolvency, and Business Continuity of JamStream

In the unlikely event JamStream Ltd becomes subject to bankruptcy proceedings, an assignment for the benefit of creditors, receivership, judicial dissolution, or any other insolvency or wind-down process under Israeli law (Insolvency and Economic Rehabilitation Law, 5778-2018) or applicable foreign law:

  • User Status. Users are general unsecured creditors of JamStream with respect to any monetary value associated with their Coin balance, pending payouts, or prepaid features. Coin balances do not constitute trust funds, segregated accounts, or fiduciary holdings for the user's benefit.
  • Coin Forfeiture on Wind-Down. Consistent with Section 8.6, all Coins (purchased, earned, or otherwise credited) are subject to forfeiture upon permanent discontinuation of the Service, subject to JamStream's commitment under Section 8.6 to provide reasonable advance notice (target: 30 days) where commercially possible. Insolvency proceedings may compress this notice period; in such case, JamStream will provide whatever notice is permitted by the supervising court or trustee.
  • Pending Payouts. Pending Creator Payout requests at the time of insolvency are general unsecured claims. JamStream's obligation to process such requests is subject to the priority and treatment of unsecured claims in the relevant proceeding. JamStream does not guarantee that pending payouts will be honored in an insolvency.
  • Personal Data. Personal data will be treated in accordance with applicable data protection law and any orders of the supervising court. Where reasonably practicable, JamStream (or its trustee) will offer users a window to download their account data before final closure.
  • Successor Entity. If JamStream's business and assets are acquired by a successor entity (whether by sale, merger, or court-supervised transfer), the successor will assume these Terms with respect to continuing users, subject to any modifications required by the supervising court. Users will receive notice of any material change in operator and may close their Account before the change takes effect (Section 15.2).
  • No Stored-Value Trust. For the avoidance of doubt and consistent with Section 8.1, Coins are limited-license digital goods, not stored-value or held funds. JamStream does not maintain a segregated account or trust holding user Coin balances or pending payouts. This structural choice is consistent with industry practice for in-Service virtual currency and creator-payout facilitation models, and is appropriate to the tip-pass-through facilitation model (Section 8.13).

23.9e Account Compromise — Liability Allocation

You are solely responsible for safeguarding your account credentials, registered email, registered phone number, and any 2FA secondary factor. Specifically:

  • Authorized acts. Any act performed using your credentials is presumed to be authorized by you, including: Coin purchases via your linked PayPal account; Tips and Gifts sent to other users; Concert ticket purchases; Battle stakes; payout requests sent to the registered PayPal email; and the spending of Coins in any Service feature. JamStream is entitled to rely on this presumption.
  • Reporting compromise. If you believe your Account has been compromised, you must immediately: (a) reset your password; (b) notify security@jamstream.live; (c) review your transaction history and identify any unauthorized activity. The faster you report, the more JamStream can assist.
  • Reversal of unauthorized activity. JamStream will, on a best-efforts basis and in good faith, investigate reports of unauthorized activity. JamStream may, at its sole discretion: reverse incorrect Coin transfers between accounts where the recipient has not yet spent the Coins; freeze accounts pending investigation; cancel pending payout requests where compromise is confirmed before processing. JamStream cannot reverse: (i) PayPal payments (those are PayPal's responsibility, dispute via PayPal Resolution Center); (ii) Coins already spent by the recipient; (iii) payouts already paid to PayPal accounts. PayPal account compromise (where the attacker controls the registered PayPal email) is a PayPal-side issue and must be pursued with PayPal.
  • Strong-authentication credit. Where you have voluntarily enabled all available secondary factors of authentication, JamStream will give significant weight to your good-faith claim of compromise. Where you have not, recovery may be limited.
  • No insurance. JamStream does not insure your Coin balance against compromise. Section 17 (Limitation of Liability) and Section 18 (Indemnification) apply with full force.

23.9f Real-Time Chat Moderation — Notice and Consent (Two-Party-Consent Statutes)

JamStream operates an automated and human-supplemented content moderation system that scans text-based chat messages, profile fields, Room names, and other text User Content in real time and at rest, for the purpose of: (a) detecting and removing prohibited content (Section 10.1) including CSAM keyword markers, doxing, sex-trafficking solicitation, and credible threats; (b) enforcing these Terms; (c) protecting users; (d) generating moderation reports for human review (Section 15). By using the Service you provide express, informed consent to this scanning. The scanning is conducted by JamStream's own server-side software and approved sub-processors (Section 6.2 of the Privacy Policy) under contractual data protection obligations. The scanning is not transmitted to any third-party advertising or marketing platform. This scanning does NOT extend to live audio streams, which are encrypted peer-to-peer via WebRTC and are not accessible to JamStream's servers (Section 11.8 of these Terms; Section 2.4 of the Privacy Policy). U.S. residents in two-party-consent ("all-party-consent") wiretap states (California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Washington) acknowledge that this notice and their continued use of the Service satisfy applicable consent requirements as to text User Content. Where any state requires more specific consent, this Section is the JamStream-furnished consent language and your continued use is your manifested assent.

23.9g EU Representative, UK Representative, Swiss Representative, and Israeli Privacy Officer

EU GDPR Article 27 Representative. Effective May 25, 2026, JamStream has appointed iuro Rechtsanwälte GmbH t/a Prighter, Schellinggasse 3, 1010 Vienna, Austria as its representative in the European Union under Article 27 GDPR. Although Israel benefits from a Commission adequacy decision and JamStream's processing scale does not currently mandate Article 27 appointment, the Representative is appointed proactively as part of JamStream's pre-launch compliance posture. EU data subjects and supervisory authorities may submit inquiries to app.prighter.com/portal/jamstream (Prighter Client ID: 16835533678). The appointment is reviewed annually and on each material change.

UK GDPR Article 27 Representative. Effective May 25, 2026, JamStream has appointed Prighter Ltd as its representative in the United Kingdom under Article 27 UK GDPR. UK data subjects and the Information Commissioner's Office may submit inquiries to app.prighter.com/portal/jamstream.

Swiss FADP Article 14 Representative. Effective May 25, 2026, JamStream has appointed Prighter CH GmbH, Obergrundstrasse 17, 6002 Luzern, Switzerland (UID CHE-477.022.613) as its representative in Switzerland for purposes of Article 14 of the revised Federal Act on Data Protection. Swiss data subjects and the FDPIC may submit inquiries to app.prighter.com/portal/jamstream.

Israeli Privacy Officer. JamStream's Privacy Protection Officer for purposes of the Israeli Protection of Privacy Law 5741-1981 may be reached at privacy@jamstream.live. JamStream's database registration with the Israeli Privacy Protection Authority will be filed and disclosed as required by applicable threshold rules.

EU DSA Point of Contact. Per DSA Article 11, JamStream's electronic point of contact for member-state authorities, the European Commission, and the European Board for Digital Services is legal@jamstream.live. Per DSA Article 12, JamStream's electronic point of contact for users is abuse@jamstream.live. Communications in English, Hebrew, or French are accepted.

23.9b Whistleblower and Reporter Protection

JamStream will not retaliate against any user for: (a) reporting in good faith a suspected violation of these Terms, applicable law, or JamStream's policies; (b) reporting suspected illegal activity to JamStream or to law enforcement or regulatory authorities; (c) providing testimony, evidence, or cooperation in any investigation or legal proceeding related to the Service; (d) exercising any legal right, including privacy rights under applicable law. Retaliation includes suspending, banning, or otherwise disadvantaging a user because they made a good-faith report. If you believe you have been retaliated against for reporting a violation, contact legal@jamstream.live. Nothing in these Terms limits any right you may have under applicable law to report violations to regulatory authorities or to receive a whistleblower award from a government agency.

23.10 Electronic Communications

By using the Service, you consent to receive electronic communications from JamStream. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

23.11 Headings

Section headings are for reference only and do not affect the interpretation of these Terms.

25. Additional Risk Allocation, Disclosures, and User Acknowledgments (v4.2)

This Section consolidates additional protections, disclosures, and risk allocations introduced in v4.2. Each subsection addresses a specific category of platform-liability exposure identified through review of recent litigation, regulatory developments, and platform-design jurisprudence. By continuing to use the Service after the v4.2 Effective Date, you accept the protections and acknowledgments in this Section in addition to all preceding Sections.

25.1 Live-Audio Capture of Background Music — User Responsibility

You acknowledge that JamStream's microphone-based features will capture any audio physically present in your environment, including ambient music playing in your home, vehicle, public space, business premises, or any other location from which you broadcast. If copyrighted music is playing in your background while you broadcast, you are publicly performing that music for purposes of copyright law and you are solely liable for any rights clearance. This includes but is not limited to: radio playing in the background, music from a TV, songs playing on a phone or speaker, music in a coffee shop or bar from which you broadcast, and music played by another person in your physical space. JamStream does not have, and does not provide, any blanket license that authorizes background-music capture by users. You waive any claim against JamStream arising from background-music infringement, including muted or terminated streams initiated by JamStream's automated or manual moderation in response to suspected background-music infringement, and you indemnify JamStream against any third-party claim arising from background music captured during your broadcasts.

25.2 Audio Recording for Safety, Investigation, and Legal Compliance

Notwithstanding Section 11.8 (which addresses the absence of routine performance recording for AI-training, archival, or commercial purposes), JamStream may record, retain, or transcribe live-audio content from a Room, Battle, or Concert (a) when a user submits an in-Service report alleging serious misconduct (including but not limited to threats of violence, child endangerment, sexual harassment, hate speech, doxxing, or imminent physical danger to any person), (b) when JamStream receives a preservation request from law enforcement, a court order, a subpoena, or other legal process, (c) when JamStream's automated safety systems flag content as a high-confidence match for prohibited material, or (d) when reasonably necessary to protect users from imminent harm or to enforce these Terms. Any such recording is retained only for the period reasonably required to investigate, respond, or comply with legal obligations, and is processed under the lawful bases described in our Privacy Policy. By using live-audio features, you consent to the limited recording and retention contemplated by this Section. This consent is independent of any future feature that, with explicit opt-in, may permit users to record their own performances.

25.3 Two-Way and All-Party Consent Statutes — Express Notice

Live-audio features on the Service may transmit your voice to other users in real time. Several jurisdictions require that all parties to a recorded conversation consent to recording (so-called "all-party consent" statutes), including California (Cal. Penal Code § 632), Florida (Fla. Stat. § 934.03), Illinois (720 ILCS 5/14-2), Massachusetts (Mass. Gen. Laws ch. 272 § 99), Maryland, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Vermont, Washington, and certain provinces of Canada and the EU/UK. By joining a Room, Battle, or Concert, you (a) acknowledge that other users may hear and may attempt to record your voice; (b) consent to your voice being transmitted to other Room participants and being recorded by JamStream as described in Section 25.2; (c) waive any claim arising from any other user's recording of a Room session that you joined, to the maximum extent permitted by applicable law; and (d) acknowledge that other users' independent recording of Room audio is governed by the recording user's local law and is not authorized by JamStream. JamStream's prohibition on user recording of Room audio (Section 9.3a) remains in full effect; this Section addresses notice and consent for transmission, not authorization for unauthorized recording.

25.4 No Coordination of Real-World Meetings — IRL Contact Disclaimer

JamStream is an online live-audio collaboration platform. JamStream does not facilitate, encourage, or take responsibility for any in-person meeting, real-world contact, employment, romantic relationship, transaction, or transportation arrangement among users that is initiated, discussed, or coordinated through the Service. You acknowledge that: (a) other users may misrepresent their identity, intentions, age, location, or other personal facts; (b) JamStream conducts no background checks of users beyond the limited phone verification described in Section 4.1a; (c) any decision to meet another user in person, share your location, accept transportation from another user, or engage in any off-platform contact is made entirely at your own risk and against JamStream's general guidance; (d) JamStream is not liable for any injury, harm, fraud, assault, abduction, or any other harm arising from real-world contact between users; (e) you indemnify JamStream against any claim by you, your estate, your family members, or any third party arising from in-person contact among JamStream users.

25.5 No Sweepstakes, Contest, or Gambling Element — Express Statement

Battles, gifting leaderboards, daily streaks, daily engagement rewards, and similar Service features are not sweepstakes, lotteries, contests of chance, or games of chance within the meaning of any state, federal, or international gaming or sweepstakes law. Specifically: (a) no Coin or fiat consideration is required to participate in any Battle, leaderboard, or streak feature — these features are accessible to all users at no cost; (b) Battle outcomes are determined by user voting, which is a skill- and persuasion-based determination, not a random or chance-based determination; (c) leaderboard placement is determined by Coin gifting from voluntary fans, not by the recipient's payment or chance; (d) daily-engagement rewards are distributed to all qualifying users who meet objective participation criteria, not selected by random draw. To the extent any feature could be construed as implicating sweepstakes, contest, gaming, or gambling regulation in any jurisdiction, JamStream reserves the right to modify, restrict, or geographically limit the feature for users in that jurisdiction without notice and without liability, and the feature shall be administered in accordance with the legal-compliance carve-outs in Sections 8.10–8.11b.

25.6 AI-Assisted Content Output — Copyright Authorship Disclaimer

The U.S. Copyright Office has issued formal guidance (Part 2 Report on Artificial Intelligence and Copyright, January 2025) holding that "prompts alone do not provide sufficient human control to make users of an AI system the authors of the output." Numerous jurisdictions have similar or stricter rules. To the extent the Service offers, in the future, any AI-assisted output (e.g., AI-suggested chord progressions, AI-generated backing tracks, AI mastering, AI mixing, or AI-assisted composition tools): (a) JamStream makes no representation that the output is copyrightable by you, by JamStream, or by anyone; (b) you are solely responsible for evaluating the copyright status, registration eligibility, and downstream rights of any AI-assisted output; (c) JamStream does not warrant that AI-assisted output does not infringe third-party copyrights, trademarks, rights of publicity, or other rights; (d) you indemnify JamStream against any third-party claim arising from your use, distribution, registration, or commercialization of AI-assisted output, including claims based on the underlying training data of any AI tool, regardless of whether JamStream provided that tool. JamStream's current production Service does not use AI trained on unlicensed copyrighted recordings.

25.7 Voice Cloning — Federal NO FAKES Act and State Right-of-Publicity Coverage

In addition to Section 9.4a, you acknowledge: (a) the federal NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe Act), if and when enacted, will establish a federal digital replication right covering voice and visual likeness; (b) Tennessee's ELVIS Act (Tenn. Code § 47-25-1101 et seq.) currently provides voice-likeness protection enforceable by performers regardless of platform location; (c) New York Civil Rights Law §§ 50–51, California Civil Code § 3344, and analogous statutes in numerous states provide statutory and common-law right-of-publicity claims; (d) the EU AI Act Articles 50 and 52 require deepfake disclosure obligations; (e) you are solely liable for any voice-cloning, deepfake, voice-impersonation, or synthetic-voice content you create, transmit, or perform on the Service, and you indemnify JamStream against any claim arising from such content; (f) JamStream reserves the right to immediately remove suspected synthetic-voice content and to terminate Accounts engaged in voice cloning, regardless of the User Content workflow described in Section 12 (DMCA), because right-of-publicity claims are independent of copyright safe-harbor procedures.

25.8 Section 230 Narrowing — Alternative Liability Disclaimers

JamStream's primary U.S. immunity for User Content arises under Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (Section 5.5). Recent judicial decisions, including the K.G.M. social-media addictive-design litigation and the multidistrict In re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, MDL 3047, have begun to narrow Section 230 in the design-defect context. Without conceding any limit on Section 230 protection, JamStream additionally relies on, and you agree to, the following independent liability disclaimers, each of which applies even if Section 230 is held inapplicable: (a) the no-warranty disclaimer in Section 16; (b) the limitation of liability in Section 17; (c) the indemnification in Section 18; (d) the assumption-of-risk acknowledgment in Section 12.5b; (e) the addictive-design disclaimer in Section 5.6; (f) the safety-feature accuracy representation in Section 15.5a; (g) the platform product-liability disclaimer in Section 15.6; and (h) the user-to-user dispute exclusion in Section 15.1a. You acknowledge that Section 230 immunity is not the sole basis on which JamStream limits its liability for User Content; the foregoing protections are independent contractual allocations of risk that you accept by using the Service.

25.9 Multi-State and International Biometric Privacy Compliance

In addition to the BIPA (Illinois) and GDPR Art. 9 disclosures in Section 9.4a and the Privacy Policy, you acknowledge JamStream's compliance posture for biometric/voice data under: (a) Texas Capture or Use of Biometric Identifier Act (CUBI), Tex. Bus. & Com. Code § 503.001; (b) Washington Biometric Privacy Act, Wash. Rev. Code § 19.375; (c) New York SHIELD Act biometric provisions; (d) the biometric provisions of the Colorado Privacy Act, Connecticut Data Privacy Act, Delaware Personal Data Privacy Act, Indiana Consumer Data Protection Act, Iowa Consumer Data Protection Act, Maryland Online Data Privacy Act, Minnesota Consumer Data Privacy Act, Montana Consumer Data Privacy Act, New Hampshire Privacy Act, New Jersey Data Privacy Act, Oregon Consumer Privacy Act, Tennessee Information Protection Act, Texas Data Privacy and Security Act, Utah Consumer Privacy Act, Virginia Consumer Data Protection Act, and any subsequently enacted state-level data privacy or biometric laws; (e) the Illinois Genetic Information Privacy Act and analogous statutes regarding any voice analysis that could constitute genetic-information processing; (f) UK Data Protection Act 2018 special-category data; (g) Israeli Protection of Privacy Law as amended; (h) Brazilian LGPD Art. 11 sensitive personal data; (i) South Korean PIPA biometric data; (j) Indian DPDP Act sensitive personal data. JamStream does not knowingly process voice data as a biometric identifier and applies the safeguards described in Section 9.4a and the Privacy Policy regardless of jurisdiction.

25.10 Pseudonymous Litigation — Procedural Acknowledgment

You acknowledge that, in matters where you elect to pursue a legal claim against JamStream relating to alleged sensitive subject matter (including but not limited to sexual harassment, sexual abuse, child safety, intimate-imagery exposure, or stalking), courts in Israel, the United States, and other jurisdictions may permit you to proceed pseudonymously (e.g., as "Doe v. JamStream") subject to court rules. JamStream will not oppose a good-faith motion to proceed pseudonymously brought by a plaintiff alleging in good faith such sensitive matters, except where JamStream's defense of the matter is materially impaired or where governing law does not permit pseudonymous proceedings. JamStream reserves all other procedural rights, including the right to seek protective orders, sealing of identifying information, and limited disclosure as appropriate.

25.11 Cross-Border Legal Process — MLAT and Direct Service

Where a court, regulator, or law-enforcement authority outside the State of Israel seeks information from JamStream regarding any user or User Content, JamStream's general policy is to require service of process through the Mutual Legal Assistance Treaty (MLAT) framework or other legally recognized international cooperation channel applicable between the requesting jurisdiction and Israel. JamStream may, at its sole discretion, voluntarily comply with foreign legal process where (a) the request meets the standards of Israeli law, (b) compliance does not violate Israeli or applicable EU/UK data-protection law, and (c) the request specifically identifies the data sought. Users acknowledge that JamStream's data may be subject to Israeli legal process at any time, and that JamStream reserves the right to comply with any valid legal process consistent with applicable law.

25.12 Regulatory Shutdown — Refund and Service Continuity

Notwithstanding the bankruptcy and business-continuity provisions in Section 23.9d, you acknowledge that the Service may become unavailable in particular jurisdictions due to regulatory action — including but not limited to: government bans of livestreaming services, foreign-investment restrictions, sanctions, mandated content blocking, age-verification regulations rendering the Service unable to comply, or any other governmental directive making continued operation in a jurisdiction commercially impractical. In such cases: (a) JamStream will provide reasonable advance notice via in-Service communications and email where possible; (b) JamStream will pro-rate or refund the unused portion of any active JamStream Pro subscription affected by the regulatory action, in accordance with the consumer-protection laws of the affected jurisdiction; (c) JamStream is not liable for any consequential damages arising from regulatory shutdown, including lost goodwill, lost audience, or lost income; (d) JamStream may, at its sole discretion, restore service to the affected jurisdiction if and when regulatory conditions permit, but is under no obligation to do so.

25.13 Israeli Statutory Consumer Protections — Mandatory Local Law Prevails for Israeli Users

For users resident in the State of Israel, Israeli mandatory consumer-protection statutes — including the Consumer Protection Law, 5741-1981, the Standard Contracts Law, 5743-1982, the Sale (Apartments) Law where applicable, the Protection of Privacy Law, 5741-1981 (as amended), and the Class Action Law, 5766-2006 — prevail over any conflicting provision of these Terms to the extent the statute provides a non-waivable right. Where a provision of these Terms is held by an Israeli court to be inconsistent with mandatory Israeli consumer law, that provision shall be construed and applied to the maximum extent consistent with Israeli law, or, if not so possible, severed in accordance with Section 23.2. This Section ensures that nothing in these Terms purports to waive Israeli consumers' statutory rights.

25.14 EU Article 6 GDPR Lawful Basis Map

For EU/EEA users, JamStream identifies the following primary lawful bases for the principal processing activities described in the Privacy Policy: (a) Performance of contract (GDPR Art. 6(1)(b)) — Account creation and management, delivery of the Service, processing of Coin purchases and Pro subscriptions, fulfillment of payouts, processing of tips and gifts, customer support; (b) Legal obligation (GDPR Art. 6(1)(c)) — CSAM hash-scanning under 18 U.S.C. § 2258A reporting obligations and analogous EU/UK obligations, AML/sanctions screening, retention of transaction records under tax and AML law, response to law-enforcement legal process; (c) Legitimate interests (GDPR Art. 6(1)(f), balanced under Recital 47) — fraud prevention, account-security monitoring, abuse and harassment moderation, ban-evasion detection, technical operations and analytics, product improvement, direct B2B communications consistent with Article 21(2) opt-out rights; (d) Consent (GDPR Art. 6(1)(a)) — non-essential cookies, marketing communications to consumer users, optional features such as future cinema-mode recording, voluntary biometric/voice opt-in, optional location services; (e) Vital interests (GDPR Art. 6(1)(d)) — limited emergency intervention where a user is reasonably suspected of imminent self-harm or harm to others; (f) Public interest (GDPR Art. 6(1)(e)) — limited cooperation with regulators investigating CSAM, terrorism, or child-safety matters as required by applicable law. Users may exercise their Article 13–22 rights as described in the Privacy Policy and Section 13.

25.15 No Class Arbitration — Bilateral Only

Reinforcing Sections 21.3a, 21.3b, and 21.5: any arbitration under these Terms shall proceed solely on a bilateral basis between you and JamStream. The arbitrator has no authority to consolidate claims, conduct any class or representative arbitration, or grant relief on a class-wide basis. If any portion of this clause is held unenforceable in a jurisdiction, the parties' dispute shall proceed in the courts described in Section 21.2, not in class arbitration.

25.16 Survivability of User-Specific Indemnities

Notwithstanding any other provision, your representations and warranties regarding User Content (Sections 9.3, 9.3a), your indemnification obligations (Section 18, and Sections 25.1, 25.4, 25.6, 25.7), your acknowledgments regarding music licensing (Section 11), and any obligations relating to chargeback fraud (Section 8.7) survive any termination, suspension, or cancellation of your Account or these Terms.

25.17 No Class-Action Settlement Without Notice

If JamStream becomes the subject of a class action that includes you as a putative class member, JamStream commits to providing notice (or supporting court-required notice) of any proposed class settlement at the email address associated with your Account, in addition to any court-ordered publication notice. This commitment is in addition to, and not in lieu of, applicable rules of procedure governing notice in class actions.

25.18 Construction and No Drafting Presumption

These Terms have been drafted by JamStream and made available to all users. The parties intend that these Terms be construed without any presumption against the drafter under Israeli law, U.S. contra proferentem doctrine, or analogous rules in any jurisdiction. Each user has had the opportunity to review the Terms in full, to seek independent legal advice, and to decline to use the Service if they do not agree.

25.19 Continued Use as Consent

Your continued use of the Service after the Effective Date of v4.2 constitutes your acceptance of these v4.2 additions. If you do not agree to the v4.2 additions, your sole remedy is to cease using the Service before the v4.2 Effective Date. JamStream's re-acceptance flow may also require explicit re-acknowledgment before continued use of certain features.

25.20 Limitations of This Document

JamStream does not represent that these Terms are exhaustive or that any particular legal result will be achieved by these Terms in any particular jurisdiction. Courts may, in appropriate circumstances, decline to enforce particular provisions on grounds of unconscionability, public policy, or conflicting mandatory law. JamStream's policy is to draft these Terms in good faith, in plain language to the extent practicable for legal documents, and to update them regularly as law evolves. Users should consult their own legal counsel for advice specific to their circumstances.

24. Contact Information

PurposeContact
General Legal Inquirieslegal@jamstream.live
DMCA / Copyright Noticesdmca@jamstream.live
Abuse / Content Reportsabuse@jamstream.live
Security / Vulnerability Reportssecurity@jamstream.live
Privacy / Data Requestsprivacy@jamstream.live
Account Supportsupport@jamstream.live
Enforcement Appealsappeals@jamstream.live
Billing / Payment Issuesbilling@jamstream.live
Accessibility Requests & Feedbackaccessibility@jamstream.live

Registered Office: ג'אמסטרים בע"מ (JAMSTREAM LTD) · ח.פ. 517333407 · Havatselet 6, Kiryat Yam, Israel

These Terms were last reviewed and updated May 1, 2026. JamStream recommends reviewing these Terms periodically. For questions, contact legal@jamstream.live.

Disclaimer: While these Terms have been drafted to be comprehensive, JamStream strongly recommends periodic review by a qualified Israeli and/or US technology attorney to ensure continued compliance with evolving law.