Terms of Use

Effective : October 1, 2024

‍1. Acceptance of Terms
‍LiveMeUp SAS  (“The Company” or “we”) provides its Platform (as defined below) to you through its website located at https://www.livemeup.io (referred to herein as the “Site”), subject to this Terms of Use agreement (“TOU”).

By accepting this TOU or by accessing or using the Platform, you acknowledge that you are over the age of eighteen (18). If you are under eighteen (18), please do not use the Platform.

By accepting this TOU or by accessing or using the Platform or Site, you acknowledge that you have read, understood, and agree to be bound by this TOU. If you are entering into this TOU on behalf of a Company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOU, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOU, you must not accept this TOU and may not use the Platform.

The Company may change this TOU from time to time by providing thirty (30) days prior notice, either by emailing the email address associated with your account or by posting a notice on the Site. We may update this Agreement by posting a revised version on our website. By continuing to use our Platform, you accept any revised Agreement.

You can review the most current version of this TOU at any time at https://www.livemeup.io/terms-conditions-of-sale. The revised terms and conditions will become effective thirty (30) days after we post or send you notice of such changes, and if you use the Platform after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOU is not acceptable to you, your only remedy is to stop using the Platform and send a cancellation email to contact@livemeup.io

As part of the registration process, you will identify an administrative email address for your account (“Account”).


‍2. Description of Service
‍Subject to the terms hereof, we grant you access to our Platform.

This includes the right to:
- create and broadcast live stream sessions directly on your website or mobile app (through our integrated partners TapCart, Shopney, Napps),
- stream live sessions from our publishing app (available on iOS and Android) using your smartphone or through a third-party streaming service (e.g., OBS, Restream),
- create, upload and display shoppable videos on your website or your mobile app ((through our integrated partners TapCart, Shopney, Napps),
- use all related functionality that we may provide, all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”).

Any new features added to or augmenting the Platform are also subject to this TOU.


‍3. Acceptable Use Policy‍

‍3.1 Code of Conduct
‍Subject to the terms and conditions of this TOU, you may access and use the Platform only for lawful purposes. All rights, title and interest in and to the Platform and its components will remain with and belong exclusively to The Company.

You must not:
- sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Platform available to any third party;
- access, download, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Platform or content without explicit authorization from us;
- attempt to bypass any security, rate-limiting, filtering, digital rights management, or other access restrictions we have in place;
- remove or alter any logo, watermark, or proprietary rights notice embedded in the Platform or their output without our permission;
- submit any malicious programs, scripts, or code;
- submit an unreasonable number of requests to our servers;
- take any actions that manipulate, interfere with, modify, adapt or hack the Platform to, or otherwise attempt to gain unauthorized access to the Platform or its related systems or networks;
- use the Platform in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Platform or its components.

You shall comply with any codes of conduct, policies, or other notices The Company provides you or publishes in connection with the Platform, and you shall promptly notify The Company if you learn of a security breach related to the Platform.


‍3.2 License and Use of Proprietary Software
‍Any software that may be made available by The Company in connection with the Platform (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Subject to the terms and conditions of this TOU, The Company hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Platform, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Platform by any means other than through the interface that is provided by The Company for use in accessing the Platform. Any rights not expressly granted herein are reserved, and no license or right to use any trademark of The Company or any third party is granted to you in connection with the Platform.


‍3.3 Responsibility and Liability for Your Content
‍You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you stream, upload, post, deliver, provide or otherwise transmit or store (hereafter “upload(ing)”) in connection with or relating to the Platform (“Your Content”).​​

By using our Platform, you acknowledge and agree that The Company is not responsible for any content you stream, upload or import to our platform. You are solely responsible for ensuring that your content complies with all copyright laws and regulations.

You must have the necessary rights and permissions for any content you stream, upload or import and distribute with the Platform. If you do not own the rights to the content or do not have permission from the rights owner, you must not use such content with the Platform. If your content contains any third-party works (like background music or stock footage), you must also have the right to include those works in your content.

The Company will not be liable for any copyright infringements or legal actions resulting from the content you stream, upload or import. It is your responsibility to resolve any disputes or issues related to copyright violations.Uploading infringing materials may expose you to legal liability and could result in the termination of your account in accordance with our TOU.

By uploading or importing Your Content on or through the Platform, you agree to indemnify and hold The Company harmless from any claims, damages, or legal fees arising from copyright infringement or any other legal issues related to your content. You agree to take full legal responsibility for the content used through the Platform.

By uploading or importing Your Content on or through the Platform, you hereby do and shall grant The Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Platform.

By using our Platform, you agree and acknowledge that you will not use, directly or indirectly, the Platform for the purpose of marketing and/or promoting the following products, content, and services: violence or attacks on individuals based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases; online gambling and betting; pornographic content; munitions, firearms, explosives of any kind; drugs, as well as the sale of prescription medications; stolen or counterfeit goods that violate any applicable intellectual property rights; content that promotes terrorism, organized crime, hate, discrimination, or violence; content including or linked to viruses, malware, time bombs, Trojans, or any other programs interfering with the proper functioning and security of an information system; involvement in or promotion of financial or speculative pyramid schemes, chain letters, or financial scams; violation of regulations regarding the commercial exploitation of the image of children under eighteen (18) years old on online platforms; violation of applicable age restrictions; or any activities contrary to any applicable laws and regulations.


‍3.4 Account Security and Content Monitoring
‍You are responsible for maintaining the confidentiality of your login and account and for all activities that occur under your login or account. The Company reserves the right to access your account in order to respond to your requests for technical support.

The Company has the right, but not the obligation, to monitor the Platform, Content, or Your Content. You further agree that The Company may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content) or for no reason at all.


‍3.5 Service Operations and Data Responsibility
‍You understand that the operation of the Platform, including Your Content, may be unencrypted and involve:
- transmissions over various networks,
- changes to conform and adapt to technical requirements of connecting networks or devices,
- transmission to The Company’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Platform.

Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. The Company will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.


‍3.6 Responsibility for Equipment and Account Security
‍You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Platform, including, without limitation, smartphones, computers, modems, hardware, server, software, operating system, networking, web servers, long-distance and local telephone service (collectively, “Equipment”).

You shall be responsible for ensuring that such Equipment is compatible with the Platform (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in The Company’s published policies then in effect.

You shall be  responsible for installing the latest version of the streaming application provided by the Company on the Apple Store and Google Play immediately upon its release, and for using only the updated version of the application.

You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.


‍3.7 Rights Enforcement
‍The failure of The Company to exercise or enforce any right or provision of this TOU shall not be a waiver of that right. You acknowledge that this TOU is a contract between you and The Company, even though it is electronic and is not physically signed by you and The Company, and it governs your use of the Platform.


‍3.8 Authorization for Marketing and Promotion
‍The Company reserves the right to use your name and/or The Company name and/or The Company logo as a reference for marketing or promotional purposes on The Company’s website and in other communication with existing or potential The Company customers. You agree to cooperate with and provide reasonable assistance to The Company in promoting and advertising the Platform. To decline The Company this right you need to email contact@livemeup.io stating that you do not wish to be used as a reference.


‍3.9 Provision of Technical Support
‍Subject to the terms hereof, The Company may (but has no obligation to) provide technical support services through email or other communication channels in accordance with our standard practice.


‍4. Subscription, Free trials, Billing‍

‍4.1 Payment Terms
‍To the extent the Platform or any portion thereof is made available for any fee, you will be required to select a payment plan and provide The Company information regarding your credit card or other payment instrument.

You represent and warrant to The Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your credit card expiration date) that may occur.

Furthermore, you agree to pay The Company the amount that is specified in the payment plan in accordance with the terms of such plan and this TOU. You hereby authorize The Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred.

If you dispute any charges, you must let The Company know within sixty (60) days after the date that The Company invoices you. We reserve the right to change The Company’s prices at any time. If The Company does change prices, The Company will provide notice of the change on the Site or in email to you, at The Company’s option, at least 30 days before the change is to take effect. Your continued use of the Platform after the price change becomes effective constitutes your agreement to pay the changed amount. The Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by The Company thirty (30) days after the mailing date of the invoice, or the Platform services may be terminated. We may offer a number of subscription plans, including special promotional plans with differing conditions and limitations.


‍4.2 Free Trial Terms
‍The free trial period of your membership lasts for 14 days, or as otherwise specified during sign-up.

For combinations with other offers, restrictions may apply. The Company reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, visit https://admin.livemeup.io/home. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month or year of service as soon as you register. You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun.


‍4.3 Refund and Cancellation Policy
‍PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

Following any cancellation, access to the Platform will be stopped immediately. All of your data shall be processed according to our Privacy Policy. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.


‍5. Third-party Content and External Links‍

‍5.1 Third-Party Content and External Links Disclaimer
‍Some information made available on or through the Site or the Platform is provided by third parties such as content distributors and aggregators (“Third-Party Content”).

The inclusion or appearance of Third-Party Content on the Site does not indicate any approval or endorsement by The Company of such Third-Party Content. The Company is not responsible for, and hereby disclaims any and all liability that may arise from, Third-Party Content or the act of accessing, browsing, or otherwise using such Third-Party Content. The Site or Platform may contain links to third-party websites or video and photo content (“External Content”). The content of such External Sites is developed and provided by others. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Content. You should contact us at contact@livemeup.io for those External Content if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any External Content and do not make any representations regarding the content or accuracy of materials on such External Content. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Content, you do so at your own risk.


‍6. Representations and Warranties
‍You represent and warrant to The Company that (i) you have full power and authority to enter into this TOU; (ii) you own all of Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow The Company to perform its obligations) in connection with the Platform without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Platform, and The Company’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.


‍7. Termination
‍You can cancel your free trial or subscription at any time by logging into your Shopify account and deleting the "LiveMeUp - Live Shopping" app or if you have not installed LiveMeUp through the Shopify App Store, you can contact us directly at contact@livemeup.io. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. If you are having any trouble with this action, contact us at contact@livemeup.io

We will continue to bill your Payment Method on a monthly or yearly basis for your subscription fee until you cancel. Subject to earlier termination as provided below, The Company may terminate your Account and this TOU at any time without prior notice or reason. In addition to any other remedies we may have, The Company may also terminate this TOU upon thirty (30) days’ notice (or ten (10) days in the case of nonpayment), if you breach any of the terms or conditions of this TOU. The Company reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof).

Deleting the "LiveMeUp - Live Shopping" app from your Shopify account will result in the deletion of personal data along with all your video files, video imports, associated YouTube, Instagram & Facebook accounts, other connected apps, analytics data and any scripts installed on your Shopify store.

The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who abuse the application's functionality or The Company's team or services.

All of Your Content on the Platform (if any) may be permanently deleted by The Company upon any termination of your account in its sole discretion. All accrued rights to payment shall survive termination of this TOU.


‍8. Disclaimer of Warranties
‍The Platform may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by The Company or by third-party providers, or because of other causes beyond our reasonable control. HOWEVER, THE PLATFORM, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND The Company EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT The Company DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM The Company OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOU.


‍9. Limitation of Liability
‍UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL The Company BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOU BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOU.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, The Company’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOU BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOU.


‍10. Indemnification
‍You shall defend, indemnify, and hold harmless The Company from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOU, any of Your Content, or your other access, contribution to, use or misuse of the Platform. The Company shall provide notice to you of any such claim, suit or demand. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting The Company’s defense of such matter.


‍11. U.S. Government Matters
‍You may not remove or export from the United States or allow the export or re-export of the Platform or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by The Company on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this TOU and will be prohibited except to the extent expressly permitted by the terms of this TOU.


‍12. Assignment
‍You may not assign this TOU without the prior written consent of The Company, but The Company may assign or transfer this TOU, in whole or in part, without restriction.


‍13. Miscellaneous
‍If any provision of this TOU is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOU will otherwise remain in full force and effect and enforceable. Both parties agree that this TOU is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOU, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOU and you do not have any authority of any kind to bind The Company in any respect whatsoever. In any action or proceeding to enforce rights under this TOU, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOU will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.


‍14. Governing Law & Disputes
‍This TOU shall be governed by the laws of France without regard to the principles of conflicts of law. Unless otherwise elected by The Company in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of Lille (France) for the purpose of resolving any dispute relating to your access to or use of the Platform.Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party through reasonable means and providing notice of the dispute. Both parties will use good faith efforts to attempt to reach a resolution. If a dispute is not resolved within thirty (30) days of notice, either party may bring a formal proceeding.


‍15. Privacy
‍Please visit https://www.livemeup.io/privacy-policy to understand how The Company collects and uses personal information.


‍16. DMCA
‍The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to The Company’s Copyright Agent at admin@livemeup.io (subject line: “DMCA” Takedown Request”).

Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.

Counter-Notice: If you believe that the relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, The Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Company’s sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, The Company has adopted a policy of terminating, in appropriate circumstances and at The Company 's sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


‍Contact us
‍If you have any questions about our Terms of Use, please feel free to contact us at contact@livemeup.io

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