Darve โ Terms of Service
Effective Date: March 24, 2026
Last Updated: March 24, 2026
1. Introduction & Acceptance of Terms
Welcome to Darve ("Darve," "we," "us," or "our"). Darve operates the website located at darve.gg and any associated applications, tools, and services (collectively, the "Service"). Darve provides an interactive platform that connects live streamers with their audiences through viewer-suggested challenges, crowdfunded donations, and real-time content creation. By accessing, browsing, or using the Service in any manner, you ("you," "your," or "User") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease all use of the Service. These Terms constitute a legally binding agreement between you and Darve. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically. These Terms apply to all Users of the Service, including without limitation Streamers, Viewers, and any other persons who access or use the Service in any capacity.
2. Definitions
For the purposes of these Terms, the following definitions apply:
- "Account" means a registered user account on the Service, created through Twitch OAuth authentication.
- "Challenge" means a task, activity, dare, or request suggested by a Viewer for a Streamer to perform live on stream, submitted through the Darve platform.
- "Challenge Lifecycle" means the complete process of a Challenge from initial suggestion through chat collection, AI processing, selection, funding, acceptance, completion or failure, and clip delivery.
- "Clip" means a recorded video segment of a Streamer's live broadcast, created automatically or manually through the Twitch API upon successful completion of a Challenge.
- "Collection Window" means the designated period during a live stream when the Service actively collects and processes Challenge suggestions from Twitch chat.
- "Content" means all text, graphics, images, video, audio, clips, challenge descriptions, chat messages, profile information, and any other materials uploaded, submitted, posted, displayed, or otherwise made available through the Service.
- "Donation" means a monetary contribution made by a Viewer toward the funding of a specific Challenge through the Service's payment system.
- "Payout" means the transfer of accumulated funds from completed Challenges to a Streamer's designated bank account or payment method.
- "Platform Fee" means any commission, service charge, or fee charged by Darve for facilitating transactions through the Service, as described in Section 11.
- "Service" means the Darve platform, including the website at darve.gg, all related applications, APIs, tools, widgets, and features.
- "Streamer" (also "Creator") means a User who has registered a Streamer Account and uses the Service to receive, accept, and complete Challenges during live broadcasts on Twitch.
- "Stripe" means Stripe, Inc., the third-party payment processor used by the Service for all financial transactions.
- "Twitch" means Twitch Interactive, Inc., a subsidiary of Amazon.com, Inc., the live-streaming platform through which Streamers broadcast and from which the Service collects chat data.
- "Twitch OAuth" means the OAuth 2.0 authentication protocol used by Twitch to allow Users to log in to the Service using their existing Twitch credentials.
- "User" means any individual who accesses or uses the Service, including both Streamers and Viewers.
- "User-Generated Content" or "UGC" means any Content created, submitted, or uploaded by Users, including Challenge suggestions, chat messages, profile information, and any other materials.
- "Viewer" (also "Supporter" or "Donor") means a User who uses the Service to suggest Challenges, make Donations, and interact with Streamers.
3. Eligibility
3.1 Minimum Age
You must be at least thirteen (13) years of age to access or use the Service. If you are between the ages of thirteen (13) and eighteen (18) (or the age of legal majority in your jurisdiction, whichever is greater), you may only use the Service with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3.2 Payment Age Requirement
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater, to make Donations, receive Payouts, or engage in any financial transactions through the Service. Minors between the ages of thirteen (13) and eighteen (18) may browse the Service and view Challenges but may not participate in any monetary transactions.
3.3 Jurisdiction Restrictions
The Service is intended for use in jurisdictions where such use is lawful. You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations in your jurisdiction. We reserve the right to restrict access to the Service from certain jurisdictions at our sole discretion.
3.4 Account Requirement
Certain features of the Service require you to have a valid Twitch account and to authenticate via Twitch OAuth. You represent and warrant that you are authorized to use the Twitch account you connect to the Service.
4. Account Registration & Twitch OAuth
4.1 Account Creation
To access certain features of the Service, you must create an Account by authenticating through Twitch OAuth. By doing so, you authorize us to access certain information from your Twitch account, including but not limited to your Twitch username, email address, profile picture, and broadcaster ID.
4.2 Accuracy of Information
You represent and warrant that all information provided through your Twitch account and any additional information submitted to the Service is accurate, current, and complete. You agree to update your information promptly if it changes.
4.3 Account Security
You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your Twitch account credentials. You agree to immediately notify us at support@darve.app of any unauthorized use of your Account or any other breach of security. Darve shall not be liable for any loss or damage arising from your failure to maintain the security of your Account.
4.4 One Account Per Person
Each individual may maintain only one (1) Account on the Service. Creating multiple Accounts to circumvent restrictions, manipulate the platform, or for any other purpose is strictly prohibited and may result in termination of all associated Accounts.
4.5 Account Transferability
Accounts are non-transferable. You may not sell, trade, gift, or otherwise transfer your Account to any other person or entity without the prior written consent of Darve.
5. Description of the Service
5.1 Overview
Darve provides a platform that facilitates interactive engagement between live streamers and their audiences. The Service enables Viewers to suggest Challenges in Twitch chat, collectively fund those Challenges through Donations, and watch Streamers complete them live. The Service automatically creates Clips of completed Challenges for preservation and sharing.
5.2 Challenge Lifecycle
The core functionality of the Service follows the Challenge Lifecycle:
- Collection: During a live stream, the Streamer activates a Collection Window. The Service monitors the Streamer's Twitch chat and collects Challenge suggestions submitted by Viewers.
- AI Processing: Collected suggestions are processed by our AI systems, which aggregate, filter for safety compliance, and curate Challenge suggestions for the Streamer's consideration.
- Selection: The Streamer reviews the curated Challenges and selects one or more to present to their audience for funding.
- Funding: Viewers contribute Donations toward the selected Challenge. The Challenge proceeds when it reaches its funding goal, or at the Streamer's discretion.
- Acceptance & Completion: The Streamer accepts the funded Challenge and attempts to complete it live on stream.
- Clip Creation: Upon completion (or at other relevant moments), the Service creates a Clip of the Challenge via the Twitch API.
- Delivery: The Clip is made available through the Service, and funds from the Challenge are credited to the Streamer's account balance.
5.3 No Guarantee of Availability
Darve does not guarantee that the Service will be available at all times or that any particular feature will function without interruption. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.
6. Streamer Accounts
6.1 Streamer Registration
To use the Service as a Streamer, you must create an Account and complete any additional registration or verification steps required for Streamer functionality, including connecting your Twitch broadcaster account and providing payment information for receiving Payouts through Stripe.
6.2 Streamer Verification
We may require additional verification of your identity, Twitch account standing, or other information before enabling Streamer features, including the ability to receive Payouts. We reserve the right to deny or revoke Streamer status at our sole discretion.
6.3 Streamer Obligations
As a Streamer, you agree to:
- (a) Make good-faith efforts to complete accepted and funded Challenges;
- (b) Decline any Challenge that you believe to be unsafe, illegal, or in violation of these Terms or our Community & Safety Guidelines;
- (c) Stop any Challenge immediately if it becomes unsafe during execution;
- (d) Comply with all applicable laws and Twitch's Terms of Service during your streams;
- (e) Not solicit or encourage Viewers to submit Challenges that violate these Terms or our Community & Safety Guidelines;
- (f) Provide accurate payment and tax information for the purpose of receiving Payouts;
- (g) Moderate and exercise editorial discretion over the Challenges you accept.
7. Viewer Accounts
7.1 Viewer Registration
To suggest Challenges or make Donations, you must create an Account by authenticating through Twitch OAuth. Browsing certain public portions of the Service may be available without an Account.
7.2 Viewer Rights and Obligations
As a Viewer, you agree to:
- (a) Submit only Challenge suggestions that comply with these Terms and our Community & Safety Guidelines;
- (b) Not use Challenge suggestions or Donations to harass, threaten, or target any individual;
- (c) Understand that Donations are contributions toward Challenges and are subject to the Refund Policy set forth in Section 10;
- (d) Not create multiple Accounts to manipulate Challenge suggestions or funding;
- (e) Respect the Streamer's right to decline or abandon any Challenge at their sole discretion.
8. Challenges
8.1 Challenge Creation
Challenges are suggested by Viewers through Twitch chat during active Collection Windows. The Service collects, processes, and curates these suggestions using AI technology and presents them to the Streamer for consideration.
8.2 Challenge Acceptance
Streamers have sole and absolute discretion to accept or decline any Challenge. Acceptance of a Challenge for funding does not guarantee that the Streamer will complete it. Streamers may abandon a Challenge at any time if they determine, in their sole judgment, that it is unsafe, impractical, or otherwise inappropriate.
8.3 Challenge Completion
A Challenge is considered "completed" when the Streamer has made a good-faith attempt to fulfill the Challenge as described, at the Streamer's reasonable determination. Darve does not adjudicate disputes over whether a Challenge was "properly" completed.
8.4 Challenge Failure
If a Streamer accepts a funded Challenge but fails to attempt it or abandons it without good cause, the Donations associated with that Challenge may be refunded to Viewers in accordance with the Refund Policy in Section 10. "Good cause" includes but is not limited to safety concerns, technical difficulties, and stream interruptions.
8.5 Challenge Expiration
Challenges that have not been fully funded within a reasonable timeframe, as determined by the Service, may expire. Upon expiration, any partial Donations will be refunded to the contributing Viewers.
9. Payments & Donations
9.1 Payment Processing
All financial transactions on the Service, including Donations and Payouts, are processed by Stripe. By making a Donation or receiving a Payout, you agree to Stripe's terms of service and privacy policy in addition to these Terms. Darve does not directly process, store, or handle your credit card or bank account information.
9.2 Donation Flow
When a Viewer makes a Donation toward a Challenge, the funds are processed by Stripe and held in escrow until the Challenge is completed, failed, or expired. Darve acts as an intermediary in facilitating the flow of funds between Viewers and Streamers.
9.3 Currency
All transactions on the Service are denominated in United States Dollars (USD) unless otherwise specified. We may support additional currencies in the future. Currency conversion, if applicable, is handled by Stripe and any associated fees or exchange rate differences are the responsibility of the User.
9.4 Minimum Donation Amount
A minimum Donation amount may apply to each transaction. The current minimum Donation amount is displayed on the Service at the time of the transaction. We reserve the right to change the minimum Donation amount at any time.
9.5 Processing Times
Donations are typically processed immediately, but may take up to several business days to fully settle depending on your payment method and financial institution. Darve is not responsible for delays caused by Stripe or third-party financial institutions.
9.6 Payment Authorization
By making a Donation, you authorize Darve and Stripe to charge the payment method you provide for the amount specified. You represent and warrant that you are authorized to use the payment method and that the information you provide is accurate.
10. Refund Policy
10.1 Refunds Available
Refunds may be issued in the following circumstances:
- (a) Challenge Not Attempted: The Streamer accepted a funded Challenge but did not make any attempt to complete it and did not provide a reasonable explanation;
- (b) Technical Failure: A technical error on Darve's platform prevented the Challenge from being properly presented, funded, or completed;
- (c) Challenge Expiration: A Challenge expired before being fully funded, in which case partial Donations will be automatically refunded;
- (d) Unauthorized Transaction: A Donation was made without your authorization (subject to verification).
10.2 Refunds Not Available
Refunds are generally not available in the following circumstances:
- (a) Completed Challenges: The Streamer made a good-faith attempt to complete the Challenge, regardless of whether the outcome was to the Viewer's satisfaction;
- (b) Change of Mind: The Viewer simply changed their mind about the Donation after it was made;
- (c) Streamer Discretion: The Streamer declined or abandoned a Challenge for legitimate safety, legal, or personal reasons;
- (d) Dissatisfaction with Outcome: The Viewer is dissatisfied with how the Streamer performed the Challenge.
10.3 Refund Process
To request a refund, contact us at support@darve.app with details of the transaction and the reason for your request. We will review refund requests on a case-by-case basis and respond within ten (10) business days. Approved refunds will be credited to the original payment method within five to ten (5โ10) business days, subject to Stripe processing times.
11. Platform Fees & Commissions
11.1 Launch Period
During the initial launch period of the Service, Darve charges zero percent (0%) platform fees on Donations. This means that 100% of Viewer Donations (minus Stripe processing fees) are passed through to Streamers. The launch period end date will be announced with at least thirty (30) days' notice before any Platform Fees take effect.
11.2 Future Fee Structure
Darve reserves the right to introduce Platform Fees in the future. Any changes to the fee structure will be communicated to all Users with at least thirty (30) days' advance notice. The updated fee schedule will be published on the Service and reflected in updated Terms.
11.3 Stripe Processing Fees
All transactions are subject to Stripe's standard processing fees, which are deducted from the transaction amount before funds are credited to the Streamer. These fees are set by Stripe and are outside of Darve's control. Current Stripe processing fees can be found at stripe.com/pricing. By using the Service, you acknowledge and accept that Stripe processing fees will be deducted from each transaction.
12. Payouts to Streamers
12.1 Payout Schedule
Payouts to Streamers are processed on a regular schedule as determined by Darve. The current payout schedule is communicated within the Streamer dashboard. We reserve the right to modify the payout schedule with reasonable notice to Streamers.
12.2 Minimum Payout Threshold
A minimum balance may be required before a Payout can be initiated. The current minimum Payout threshold is displayed on the Streamer dashboard. Balances below the minimum threshold will carry over to the next payout period.
12.3 Payout Method
Payouts are processed through Stripe Connect to the bank account or payment method designated by the Streamer. Streamers are responsible for providing accurate and up-to-date payment information. Darve is not responsible for failed or misdirected Payouts due to inaccurate information provided by the Streamer.
12.4 Tax Responsibility
Streamers are solely responsible for reporting and paying all applicable taxes on income received through the Service. See Section 13 for further details.
12.5 Pending Funds Upon Termination
In the event of Account termination, any pending funds will be handled in accordance with Section 22 of these Terms.
13. Taxes
13.1 User Tax Responsibility
Each User is solely responsible for determining, reporting, and paying all taxes applicable to their use of the Service, including but not limited to income tax, sales tax, value-added tax (VAT), goods and services tax (GST), and any other applicable taxes or duties.
13.2 No Tax Advice
Darve does not provide tax advice and makes no representations or warranties regarding the tax implications of using the Service, making Donations, or receiving Payouts. You are strongly encouraged to consult a qualified tax professional regarding your tax obligations.
13.3 Tax Reporting
Where required by law, Darve may report transaction information to tax authorities. If applicable, Darve may request tax identification information (such as a W-9 or W-8BEN form) from Streamers prior to enabling Payouts. Failure to provide required tax information may result in withholding of Payouts or suspension of Payout functionality.
14. Prohibited Conduct
You agree not to engage in any of the following prohibited conduct while using the Service:
14.1 General Prohibitions (All Users)
- (a) Violating any applicable law, regulation, or third-party rights;
- (b) Using the Service for any fraudulent, deceptive, or illegal purpose;
- (c) Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
- (d) Interfering with or disrupting the Service, servers, or networks connected to the Service;
- (e) Attempting to gain unauthorized access to any part of the Service, other Accounts, or any systems or networks connected to the Service;
- (f) Using any automated means (bots, scrapers, crawlers) to access the Service without our prior written consent;
- (g) Transmitting any viruses, malware, or other harmful or disruptive code;
- (h) Harassing, threatening, intimidating, or bullying any other User;
- (i) Posting or transmitting any Content that is defamatory, obscene, pornographic, abusive, or otherwise objectionable;
- (j) Engaging in any activity that could damage, disable, overburden, or impair the Service;
- (k) Creating multiple Accounts to circumvent restrictions or manipulate the Service;
- (l) Circumventing or attempting to circumvent any content filtering, security measures, or access restrictions on the Service.
14.2 Streamer-Specific Prohibitions
- (a) Accepting Challenges that you know to be unsafe, illegal, or in violation of these Terms;
- (b) Encouraging Viewers to submit prohibited Challenge content;
- (c) Falsely claiming to have completed a Challenge to receive funds;
- (d) Manipulating the Challenge or Donation system to inflate earnings artificially;
- (e) Using the Service to promote or facilitate any illegal activity during streams.
14.3 Viewer-Specific Prohibitions
- (a) Submitting Challenges designed to harass, harm, or endanger any person;
- (b) Using Donations as a tool for coercion, threats, or manipulation;
- (c) Submitting Challenges that require the Streamer to engage in illegal activity;
- (d) Filing fraudulent chargeback claims for completed Challenges;
- (e) Coordinating with others to manipulate Challenge submissions or funding.
15. Content Ownership & Licenses
15.1 Streamer Content
Streamers retain ownership of their live stream content and any Clips created through the Service, subject to Twitch's Terms of Service regarding broadcast content. Streamers grant Darve a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, distribute, and create derivative works of Clips and related Content for the purposes of operating, promoting, and improving the Service.
15.2 Viewer Content
Viewers retain ownership of the text of their Challenge suggestions. By submitting a Challenge suggestion through the Service, Viewers grant Darve and the applicable Streamer a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the Challenge text in connection with the Service, including for promotional purposes.
15.3 Darve Content
All Content created by Darve, including but not limited to the Service's design, graphics, logos, trademarks, software, and documentation, is owned by Darve or its licensors and is protected by applicable intellectual property laws. You may not use, reproduce, or distribute any Darve Content without our prior written consent.
16. User-Generated Content
16.1 Responsibility
You are solely responsible for all Content you submit, post, or transmit through the Service. Darve does not endorse, verify, or guarantee the accuracy, completeness, or quality of any User-Generated Content.
16.2 Right to Remove
Darve reserves the right, but not the obligation, to review, monitor, and remove any User-Generated Content at our sole discretion, for any reason, including but not limited to Content that violates these Terms, our Community & Safety Guidelines, or applicable law.
16.3 DMCA & Copyright Complaints
Darve respects the intellectual property rights of others. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please send a notice to support@darve.app containing: (a) a description of the copyrighted work you claim has been infringed; (b) identification of the material that is claimed to be infringing and its location on the Service; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized; and (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
17. AI Features
17.1 AI-Generated Suggestions
The Service uses artificial intelligence to process, aggregate, filter, and generate Challenge suggestions based on Twitch chat input. AI-generated content is provided as suggestions only and does not constitute endorsement or recommendation by Darve.
17.2 No Guarantee of Accuracy
AI-generated Challenge suggestions may be inaccurate, inappropriate, or unsuitable. Darve makes no representations or warranties regarding the accuracy, safety, or appropriateness of AI-generated content. Users should exercise their own judgment before acting on any AI-generated suggestion.
17.3 Content Safety Filtering
The Service employs AI-powered content safety filtering to screen Challenge suggestions for potentially harmful, dangerous, or prohibited content. While we strive to maintain effective safety filtering, no automated system is perfect, and some inappropriate content may not be caught. Streamers retain the final decision and responsibility regarding which Challenges to accept.
17.4 User Responsibility
Regardless of whether a Challenge was suggested by a Viewer, generated by AI, or modified by the Service's processing systems, the Streamer retains full and final decision-making authority and responsibility for any Challenge they choose to accept and attempt.
18. Third-Party Services
18.1 Integration with Third Parties
The Service integrates with and relies upon third-party services, including but not limited to Twitch (for authentication, chat data, and clip creation), Stripe (for payment processing), and cloud infrastructure providers (for hosting and data storage).
18.2 Third-Party Terms
Your use of the Service may be subject to the terms of service and privacy policies of these third-party providers. You are responsible for reviewing and complying with such third-party terms.
18.3 No Responsibility for Third Parties
Darve is not responsible for the availability, accuracy, security, or performance of any third-party service. Outages, changes, or failures of third-party services, including Twitch or Stripe, may affect the functionality of the Service. Darve shall not be liable for any loss or damage caused by the acts or omissions of third-party service providers.
19. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Darve does not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the Service will be accurate or reliable; (c) any defects in the Service will be corrected; or (d) the Service will meet your expectations or requirements. DARVE MAKES NO GUARANTEE OF EARNINGS. Streamers acknowledge that use of the Service does not guarantee any specific level of income, Donations, or viewership. The success of Challenges and the level of Viewer engagement are dependent on many factors outside of Darve's control.
20. Limitation of Liability
20.1 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DARVE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO DARVE (NOT INCLUDING AMOUNTS PAID TO STREAMERS) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
20.2 No Consequential Damages
IN NO EVENT SHALL DARVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER DARVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.3 Basis of the Bargain
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. THESE LIMITATIONS ARE AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DARVE.
21. Indemnification
You agree to indemnify, defend, and hold harmless Darve and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party; (d) any Content you submit, post, or transmit through the Service; (e) your negligent or willful misconduct; or (f) any Challenge you suggest, accept, or complete through the Service.
22. Termination
22.1 Termination by You
You may terminate your Account at any time by contacting us at support@darve.app or using the account deletion functionality within the Service, if available. Upon termination, your right to use the Service will immediately cease.
22.2 Termination by Darve
Darve reserves the right to suspend or terminate your Account and access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to: violation of these Terms, violation of the Community & Safety Guidelines, fraudulent activity, extended inactivity, or at our sole discretion.
22.3 Effect on Pending Funds
Upon termination of a Streamer Account:
- (a) Termination by Streamer (voluntary): Any pending balance above the minimum Payout threshold will be paid out within thirty (30) days of termination, subject to completion of any pending Challenges. Funds associated with incomplete Challenges may be refunded to Viewers.
- (b) Termination by Darve (for cause): Darve reserves the right to withhold pending funds if the termination is due to fraud, Terms violations, or other misconduct. Withheld funds may be used to process refunds to affected Viewers or may be forfeited.
- (c) Pending Donations: Viewers will receive refunds for any Donations associated with Challenges that cannot be completed due to Account termination.
22.4 Survival
The following sections shall survive termination of these Terms: Sections 2, 10, 13, 15, 16, 19, 20, 21, 22.4, 23, 24, and 26.
23. Dispute Resolution
23.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service informally by contacting us at support@darve.app. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice.
23.2 Binding Arbitration
If we are unable to resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
23.3 Small Claims Court
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.
23.4 Class Action Waiver
YOU AND DARVE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and Darve agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
23.5 Opt-Out
You may opt out of this arbitration agreement by sending written notice to support@darve.app within thirty (30) days of first accepting these Terms. Your notice must include your name, Account username, and a clear statement that you wish to opt out of the arbitration agreement.
24. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware.
25. Modifications to Terms
25.1 Right to Modify
Darve reserves the right to modify these Terms at any time. When we make material changes, we will provide notice by: (a) posting the updated Terms on the Service with a revised "Last Updated" date; and (b) sending a notification through the Service or via the email address associated with your Account at least thirty (30) days before the changes take effect.
25.2 Acceptance of Changes
Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Service and terminate your Account before the effective date of the changes.
26. General Provisions
26.1 Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.
26.2 Waiver
The failure of Darve to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Darve.
26.3 Entire Agreement
These Terms, together with the Privacy Policy and Community & Safety Guidelines, constitute the entire agreement between you and Darve regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral, regarding the subject matter hereof.
26.4 Assignment
Darve may assign or transfer these Terms, in whole or in part, without restriction and without your consent. You may not assign or transfer any rights or obligations under these Terms without Darve's prior written consent.
26.5 Notices
All notices to Darve under these Terms should be sent to support@darve.app. Notices to you may be sent to the email address associated with your Account or posted on the Service.
26.6 Force Majeure
Darve shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or third-party service outages.
27. Contact Information
If you have any questions, concerns, or complaints regarding these Terms or the Service, please contact us at: Darve Email: support@darve.app Website: darve.gg *These Terms of Service were last updated on March 24, 2026.*