← Back to DurianLive

Terms of Service

1. Service Overview

DurianLive ("we", "our", "us") provides a live streaming infrastructure service for independent merchants (the "Service"). Our Service enables Merchants to embed live video, product showcases, and real-time chat into their own websites.

DurianLive is a B2B tool for Merchants only. We do not serve end viewers directly. Merchants are solely responsible for:

• Their own terms of service and privacy policies with their customers and viewers
• Complying with all applicable laws in their jurisdiction regarding data collection, content moderation, and consumer protection
• Any content they stream through the Service

By registering for and using the Service, you ("you", "Merchant") agree to these Terms of Service. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these terms.

2. Disclaimer of Liability for Viewer Relations

DurianLive provides the Service as a technical infrastructure tool. We have no direct relationship with, and no liability toward, any end viewer or customer of a Merchant. Merchants acknowledge and agree that:

• Any disputes, claims, or issues arising from a Merchant's use of the Service in relation to their viewers are solely the Merchant's responsibility
• DurianLive is not responsible for the content streamed by Merchants
• Merchants must obtain all necessary consents and permissions from their viewers for data collection and processing conducted through the Service

2.1 Checkout and Payments Occur on Your Own Site

DurianLive does not process, handle, transmit, or escrow any payment between Merchants and their customers. The Service merely provides live streaming infrastructure; product cards and checkout flows direct buyers back to the Merchant's own website. Accordingly:

• All transactions, orders, refunds, and payment processing take place entirely on the Merchant's own website or payment provider
• DurianLive never touches buyer payment information and has no involvement in any sale
• Any payment, order, refund, fulfillment, or consumer-transaction dispute between a Merchant and its customers is solely the Merchant's responsibility

3. Account & API Key

When you register, we issue an API key that authenticates your account. You are responsible for keeping your API key confidential. Any activity that occurs under your API key is your responsibility. You must notify us immediately of any unauthorized use.

You may not use the Service for any illegal or unauthorized purpose. You must not, in using the Service, violate any laws in your jurisdiction.

4. Subscriptions & Billing

4.1 Plans

The Service is offered on a subscription basis with three plan types: Daily, Monthly, and Yearly. Each plan has tiered viewer capacity (200–10,000 concurrent viewers). Details and pricing are displayed on our pricing page.

4.2 Billing

All fees are billed in advance at the start of each subscription period. Subscriptions and payments are processed and billed by Paddle, our Merchant of Record (MoR). Paddle handles payment collection, tax compliance, and receipts on our behalf. By purchasing a subscription, you authorize Paddle to charge the applicable fees.

4.3 Auto-Renewal

Unless you cancel before the renewal date, subscriptions automatically renew at the end of each billing period. You may cancel at any time by managing your subscription through Paddle (e.g., via the cancellation link included in your payment receipt email) or by contacting support. Cancellation takes effect at the end of the current billing period — you will not be charged for the next period.

4.4 Upgrades & Downgrades

You may upgrade your tier or switch plan types at any time. Upgrades are prorated — you only pay the difference. Downgrades are not permitted mid-cycle; you may switch to a lower tier upon renewal.

5. Refund Policy

We want you to be satisfied with DurianLive. Our refund policy is as follows:

• First-time purchase: Full refund within 14 days of purchase if you have used the Service for less than 5 hours of stream time.
• Renewals: Refunds for auto-renewal charges are available within 7 days of the charge date.
• Upgrades: Upgrade payments are non-refundable — the upgraded service is immediately available.
• Refund requests: Contact us at support@durianlive.com with your account email and order details. Refunds are processed within 5–10 business days.

We reserve the right to refuse refunds if we determine the Service has been used in violation of these terms.

This summary is also published as a standalone page: Refund Policy.

6. Acceptable Use

You agree not to use the Service to:

• Stream or distribute illegal, obscene, or infringing content
• Violate any applicable law or regulation
• Attempt to reverse-engineer, crack, or disrupt the Service infrastructure
• Use the Service in a way that imposes an unreasonable load on our systems

6.1 Prohibited Content

You may not use the Service to stream or display any of the following, whether in live video, chat, product cards, or any other content transmitted through the Service:

• Illegal or gambling-related content — betting, casinos, wagering, or any promotion of illegal gambling
• Adult or sexual content — pornography, nudity, sexual services, or any explicit material
• Drugs and weapons — illegal substances, drug paraphernalia, firearms, weapons, or explosives
• Violence and terror — graphic violence, terrorism, or content that incites harm
• Hate and discrimination — hate speech, harassment, or discrimination based on race, ethnicity, religion, gender, sexual orientation, or disability
• Child-safety violations — any sexualized, exploitative, or harmful content involving minors (zero tolerance)
• Fraud and deception — scams, phishing, misleading claims, counterfeit goods, or false advertising of products or services
• Infringing content — content that violates third-party copyrights, trademarks, or other intellectual property rights (e.g., unauthorized rebroadcasts, pirated media, or brand counterfeits)

Zero tolerance: content involving the sexual exploitation or abuse of minors is strictly prohibited and will result in immediate account termination and, where required by law, reporting to the appropriate authorities.

We reserve the right to suspend or terminate access to the Service for violations of this policy without prior notice.

6.2 Reporting, Enforcement & Appeals

To keep live shopping safe and compliant, the Service includes moderation and enforcement mechanisms. By using the Service, Merchants acknowledge and agree to the following:

• Viewer reports. Viewers may report content they believe violates these terms or applicable law. To deter abuse, reporting requires a logged-in account and duplicate reports from the same viewer to the same stream are not counted multiple times.
• Enforcement. The Service combines automated detection with human review. Depending on the nature and accumulated volume of violations, we may take graduated measures including issuing a warning, suspending the live stream, or temporarily banning the stream. We do not disclose the specific thresholds or technical details of these mechanisms, as they are proprietary and publishing them would facilitate attempts to circumvent them.
• Appeals. If your stream is suspended or banned, you may submit an appeal through your dashboard. We will review the appeal and, if appropriate, restore access. Bans that are time-limited automatically expire as stated; permanent actions remain subject to review and appeal.
• Exemptions. In limited cases we may grant certain merchants an exemption from automated enforcement based on trust or subscription status. Exemptions do not override manual review by our team or mandatory legal obligations.
• No circumvention. Attempting to evade an active ban or suspension (for example by creating duplicate accounts or streams to bypass an enforcement action) is itself a violation of these terms and may result in permanent termination.

7. Data & Privacy

Our Privacy Policy explains how we collect, use, and protect your data. By using the Service, you acknowledge the practices described in the Privacy Policy, including the collection of analytics data about your viewers (e.g., connection timestamps, geographic region, device type).

8. Limitation of Liability

To the maximum extent permitted by law, DurianLive and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Service. Our total liability for any claim arising from the Service shall not exceed the total amount paid by you in the 12 months preceding the claim.

The Service is provided "as is" without warranty of any kind, express or implied. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.

9. Termination

Either party may terminate these terms at any time. You may stop using the Service and cancel your subscription from your dashboard. We may suspend or terminate your account if you breach these terms. Upon termination, your API key will be deactivated and you will lose access to the Service at the end of your current billing period.

10. Governing Law

These terms shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Delaware.

11. Changes to These Terms

We may update these terms from time to time. Material changes will be notified via email or a notice on your dashboard. Continued use of the Service after changes take effect constitutes acceptance of the updated terms.

12. Contact

For questions about these terms, please contact us at support@durianlive.com.