Host Agreement

Our Terms of Service, the Amaze Live Privacy Policy (which supplements the general Amaze Privacy Policy at https://www.amaze.co/privacy-policy), Community Guidelines, Prohibited Items List, and any host-specific or program-specific policies we publish from time to time also apply to you and are incorporated into this Agreement by reference. Where this Agreement and the Terms of Service conflict with respect to your Hosting Activities, this Agreement governs.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CLICKING “ACCEPT.” BY ACCEPTING THIS AGREEMENT, BY CREATING A HOST ACCOUNT, OR BY ENGAGING IN ANY HOSTING ACTIVITY, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ITS LIMITATION OF LIABILITY, INDEMNIFICATION, AND DISPUTE-RESOLUTION PROVISIONS.

1.1 Age. You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract in your jurisdiction. Amaze Live is not directed to, and may not be used by, individuals under 18.

1.2 Authority. If you accept this Agreement on behalf of an organization (a brand, agency, talent management entity, or other business), you represent and warrant that you have the legal authority to bind that organization, and “you” refers to both you individually and the organization you represent. Both you individually and the organization are jointly and severally liable under this Agreement.

1.3 Identity Verification / KYC. You agree to complete the identity-verification procedures we require before approving you to host and at any time during the term of this Agreement. These may include providing government-issued identification, biometric verification, proof of address, beneficial-ownership disclosures (for entity hosts), and any other information reasonably required by our third-party identity-verification provider, by applicable anti-money-laundering and counter-terrorist-financing laws, or by our risk policies. We may refuse, suspend, or revoke host status if you fail to satisfy our verification requirements or if information you provide is inaccurate.

1.4 Tax Documentation. Where we make, or facilitate, any payment to you, you agree to provide accurate and current tax documentation — IRS Form W-9 if you are a U.S. resident or entity, or the applicable W-8 series form if you are not — before any payment is issued. You agree to promptly update this documentation when your circumstances change. We may withhold payments and/or suspend Hosting Activities until valid tax documentation is on file.

1.5 Sanctions and Restricted Parties. You represent and warrant that (a) you are not subject to U.S. or other applicable economic sanctions, (b) you are not located, ordinarily resident, or organized in a country or region subject to comprehensive U.S. sanctions, and (c) you are not listed on any U.S. or other government restricted-party, denied-party, or specially designated nationals list. You agree not to use Amaze Live in violation of any applicable export-control, sanctions, or anti-corruption law.

1.6 Account in Good Standing. Throughout the term of this Agreement, you must maintain an Amaze Live host account in good standing and in full compliance with this Agreement, the Terms of Service, the Community Guidelines, the Prohibited Items List, and any other Amaze policy applicable to your account. We may suspend or revoke your eligibility to host at any time if your account ceases to be in good standing.

1.7 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs on your account, with or without your knowledge or consent. You agree to notify us promptly if you become aware of any unauthorized access to your account.

2.1 No Employment. You are an independent contractor. Nothing in this Agreement, and nothing about the operation of Amaze Live, creates an employer-employee, agency, partnership, joint venture, franchise, or fiduciary relationship between you and Amaze. You are not authorized to make any commitment, representation, or warranty on behalf of Amaze, and Amaze is not authorized to make any commitment, representation, or warranty on your behalf.

2.2 No Benefits. You acknowledge and agree that you are not entitled to, and waive any claim to, employee benefits of any kind, including health insurance, retirement contributions, paid time off, sick leave, family or medical leave, workers’ compensation, unemployment insurance, disability insurance, stock or equity compensation, or any other benefit Amaze provides to its employees.

2.3 Your Own Business. You are operating your own independent business. You are responsible for, and have sole control over, the means and manner of your performance, including the time, place, and method of your Hosting Activities; your equipment (camera, lighting, audio, internet); your studio or location; your work schedule; your engagement of any assistants, agents, or subcontractors; and your own books, accounting, insurance, licenses, and permits. You may, and are encouraged to, hold yourself out to the public as offering services to others.

2.4 Taxes. You are solely responsible for all federal, state, local, and non-U.S. taxes (including income tax, self-employment tax, sales tax, VAT, and any other tax) on amounts you receive in connection with this Agreement, whether from Amaze, from third-party affiliate programs, from brands, or from any other source. Where required by law, we will report payments made by Amaze to you on IRS Form 1099 or the applicable non-U.S. equivalent. You agree to indemnify Amaze for any tax liability (including penalties and interest) arising from your failure to remit applicable taxes.

2.5 No Exclusivity. Unless you and Amaze have entered into a separate written agreement to the contrary, this Agreement is non-exclusive. You may host, sell, promote, and earn on other platforms, and you may pursue other business opportunities, in your discretion.

2.6 Acknowledgment. You acknowledge that you have read and understand this Section 2, that you are entering into this Agreement as an independent contractor, that you have not been promised any benefit or term inconsistent with independent-contractor status, and that the parties’ classification of your status is a material term of this Agreement.

3.1 Compliance with Policies. You agree to comply with this Agreement, our Terms of Service, Privacy Policy, Community Guidelines, Prohibited Items List (available at https://amaze.live/prohibited-items), and any host-specific or program-specific policies we publish or update from time to time.

3.2 Honest Product Representation. You will accurately describe products you present, including condition, features, specifications, limitations, pricing, availability, country of origin, and any shipping or fulfillment terms. You will not make claims about a product that you cannot substantiate, and you will not make any health, safety, performance, environmental, or comparative claim that is not supported by competent and reliable evidence.

3.3 FTC and Disclosure Compliance. You will comply with all applicable advertising, endorsement, and disclosure laws and guidelines, including the U.S. Federal Trade Commission’s Endorsement Guides (16 C.F.R. Part 255) and equivalent rules in any jurisdiction in which your stream is reasonably likely to be received. Without limiting the foregoing, you will clearly and conspicuously disclose:

• any material connection between you and a brand, merchant, or product owner whose products you present — including paid sponsorships, gifted products, free products, discounts, commissions, samples, travel, or any other consideration you receive or expect to receive;
• any commercial, employment, family, or other relationship that could reasonably influence your endorsement; and
• any affiliate, referral, or similar relationship under which you receive or may receive compensation for products presented in your streams.

Disclosures must be made verbally during the relevant segment of the stream and, where supported by the Service, on screen, in each case in a manner reasonably likely to be seen and understood by viewers. You bear sole responsibility for the adequacy of your disclosures. Amaze does not review, approve, or pre-clear host disclosures.

3.4 Affiliate Programs. You may include affiliate or referral links from third-party programs (for example, Amazon Associates, ShareASale, Impact, or brand-direct programs) in your streams and accompanying materials, subject to this Agreement and the rules of those programs. You are solely responsible for complying with each program’s terms (including, where applicable, the policies of Amazon Associates regarding linking, price mentions, screenshots, and disclosure language). Amaze Live is not a party to, does not facilitate, does not pay, does not receive payment under, and does not share in any commission or other revenue arising from your affiliate arrangements. You will not represent, expressly or by implication, that Amaze endorses or is affiliated with any third-party program.

3.5 Prohibited Products. You will not present, advertise, demonstrate, sell, link to, or otherwise facilitate the supply of (a) any product on Amaze’s Prohibited Items List available at https://amaze.live/prohibited-items; (b) any product that is illegal, recalled, counterfeit, stolen, or otherwise not lawfully offered in the jurisdiction in which you stream or in any jurisdiction in which your stream is reasonably likely to be received; or (c) any product that requires a license, prescription, age-gating, or regulatory approval that you do not hold. The Prohibited Items List is incorporated by reference and may be updated from time to time.

3.6 Authentication and Intellectual Property. You represent and warrant that you have all rights, licenses, permissions, consents, and releases necessary to present each product, image, brand, mark, logo, music, video clip, third-party content, demonstration, and other material used in your streams. You will not present items requiring authentication (including luxury goods, collectibles, trading cards, sneakers, autographed memorabilia, fine art, and gemstones) under false claims of authentication or grading. You will not use Amaze’s name, logos, or marks except as expressly permitted in this Agreement or in writing by Amaze.

3.7 No Misrepresentation. You will not misrepresent your identity, qualifications, location, professional credentials, expertise, or relationships, and will not impersonate any other person, brand, or entity.

3.8 Live Show Standards. You will conduct your streams in a manner consistent with the Service’s live-show standards, including: remaining actively engaged during your stream (no inactive or unattended shows, looping recordings shown as live, or static screens presented as a live broadcast); not streaming while operating a vehicle or other machinery; not streaming while impaired by alcohol or controlled substances; and not engaging in dangerous or reckless behavior on stream. You will not stream from any location at which the presence of a livestream would be unlawful, would violate the rights of third parties, or would breach an obligation owed by you to a third party.

3.9 Privacy of Others. You will not disclose personal information of viewers, employees of Amaze, brands, or other third parties (including names, addresses, contact information, order details, payment information, government identifiers, or other private details) without their lawful, informed consent. You will comply with all applicable privacy laws, including by obtaining any consents required for the collection, processing, or disclosure of personal data captured in your stream.

3.10 Recording. Recording is at your option. If you enable recording for a stream, the Service will display a viewer-visible recording indicator while recording is active. You acknowledge and agree that (a) recordings may capture viewer chat, reactions, and other inbound interactions; (b) recordings, clips, and excerpts may be replayed, distributed, used, and otherwise exploited by Amaze in accordance with the license in Section 4 and our Privacy Policy; and (c) you are responsible for any additional notice or consent required by applicable law in the jurisdictions reasonably likely to receive the recording (including any “all-party consent” laws applicable to recordings of audio).

3.11 Cross-Platform and Spring Storefronts. Where products presented in your stream are sold or fulfilled through Spring storefronts, you agree to comply with Spring’s then-current seller policies and terms available at https://www.amaze.co/policies/spring in addition to this Agreement. Compliance with Spring’s terms is your responsibility; nothing in this Agreement is intended to make Amaze Live a party to any agreement between you and Spring.

3.12 Prohibited Conduct. In addition to the Community Guidelines and the Prohibited Items List, the following conduct is strictly prohibited and is grounds for immediate suspension or termination:

• hate speech or harassment, including content that promotes hatred, bullying, or threats against people based on age, race, ethnicity, national origin, gender, gender identity, sexual orientation, disability, religion, or other protected characteristic;
• pornographic or sexually explicit content; visual depictions of human genitalia, sex acts, or masturbation; and any exploitation or presentation of minors;
• content that promotes, glorifies, or facilitates violence, self-harm, terrorism, or harassment;
• medical, medicinal, or therapeutic claims about products, including claims to prevent, diagnose, treat, cure, or mitigate any disease, symptom, or condition, except as expressly permitted by applicable law;
• false, deceptive, or misleading claims, including misrepresentation of affiliation, origin, authenticity, or the use of proceeds for charitable causes;
• promotion of or instructions for illegal activity;
• infringement of intellectual property, publicity, or privacy rights of any third party;
• circumvention of Service security or access controls, scraping, automated access, or unauthorized API use;
• use of the Service for any unlawful purpose, including money laundering, fraud, evasion of sanctions, or evasion of tax obligations.

3.13 Cooperation. You agree to cooperate in good faith with Amaze’s investigations of suspected violations of this Agreement or applicable law, including by providing requested information, documentation, and access to materials reasonably related to the investigation.

4.1 Definitions. “Host Content” means audio, video, images, text, captions, product descriptions, demonstrations, graphics, music or sound to which you have rights, and other materials that you present, broadcast, upload, submit, or otherwise transmit through the Service in connection with Hosting Activities, including recordings, clips, excerpts, and derivative outputs.

4.2 Ownership. As between you and Amaze, you retain ownership of your Host Content, subject to the licenses you grant under this Agreement.

4.3 License to Amaze. You grant Amaze and its affiliates a non-exclusive, royalty-free, fully paid, worldwide, sublicensable (through multiple tiers), and transferable license to host, store, cache, reproduce, display, perform, distribute, transmit, modify (for technical purposes such as encoding, resizing, captioning, and format conversion), translate, excerpt, create derivative works of (including clips, captions, recap content, and highlight reels), and otherwise use Host Content in connection with:

• operating, providing, securing, and improving the Service;
• promoting the Service and your streams, including by using clips, screenshots, thumbnails, and excerpts in marketing materials, in social media posts, in email communications to users, in advertising, and on third-party platforms;
• developing, training, evaluating, and improving content-moderation systems and other internal models operated by or for Amaze for the purpose of detecting and responding to policy violations and operational issues on the Service; and
• complying with legal obligations and responding to lawful requests from public authorities.

For the avoidance of doubt and as of the Effective Date, Amaze does not train generative artificial-intelligence models on Host Content or on user-generated content for the purpose of producing outputs delivered to third parties. If Amaze elects in the future to expand the license to cover such training, Amaze will provide hosts with advance notice and, where required by applicable law, an opportunity to opt out, before any such use begins.

4.4 Name, Voice, and Likeness. You grant Amaze the right to use your name, voice, image, likeness, biographical information, stream excerpts, and stage or screen name as reasonably necessary to operate, promote, and provide the Service consistent with this Agreement, including in marketing materials and on third-party platforms. Amaze will not use your name, voice, image, or likeness in any advertisement that constitutes an endorsement by you of a product, brand, or service other than the Service itself without your prior written consent.

4.5 Audit-Friendly Use. Amaze will maintain reasonable records sufficient to identify the categories of uses of Host Content under Section 4.3. On reasonable written request from you (not more than once in any twelve-month period), and to the extent permitted by law and by Amaze’s confidentiality obligations to third parties, Amaze will provide you with a summary of how your Host Content has been used in marketing materials and in third-party-platform distribution during the preceding twelve months. This Section 4.5 does not apply to operational, security, moderation, or legal-compliance uses described in Sections 4.3(a), (c), and (d).

4.6 Revocation. You may revoke the license in Section 4.3 with respect to specific Host Content by removing the content from the Service through the host tools we provide or by written request to appeals@amaze.co. Revocation does not apply to: (a) Host Content that has been incorporated into recordings or content of other users; (b) backup copies and operational records retained for a reasonable period; (c) Host Content used in marketing materials produced before revocation, which Amaze may continue to use for a reasonable wind-down period; (d) Host Content used in internal moderation-model training prior to revocation; and (e) Host Content we are required to retain by law.

4.7 No Obligation to Use. Nothing in this Agreement obligates Amaze to use any Host Content, to make your streams available to any particular audience, or to feature, recommend, or promote your streams in any way. Amaze may, in its sole discretion, monitor, remove, demonetize, age-gate, geo-restrict, or otherwise limit the distribution of Host Content at any time and for any reason, with or without notice.

4.8 Feedback. If you provide Amaze with suggestions, ideas, feature requests, or other feedback about the Service (“Feedback”), you grant Amaze a perpetual, irrevocable, royalty-free, fully paid, worldwide, sublicensable, and transferable license to use, exploit, and incorporate the Feedback for any purpose, without obligation to you.

4.9 DMCA and Counter-Notice. Amaze complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that Host Content posted by another user infringes your copyright, you may submit a DMCA notice to copyright@amaze.co. If you receive a notice that Host Content you posted has been removed pursuant to a DMCA takedown notice, you may submit a DMCA counter-notice to copyright@amaze.co following the procedures set forth in 17 U.S.C. § 512(g). Repeat infringers, as determined in Amaze’s reasonable discretion, will have their host accounts terminated.

5.1 Framework. The compensation framework for Hosting Activities is established by the specific program under which you participate. From time to time, Amaze may offer compensation to hosts under one or more programs — for example, subscription rebates, revenue share, sponsored streams, featured-host arrangements, or referral incentives. The economic terms of each program (including rates, conditions, eligibility, payment timing, and chargeback or clawback rules) will be presented to you separately as program-specific terms and, upon your acceptance of and participation in the program, will form part of this Agreement.

5.2 No Guarantee of Payment by Amaze. Except where you have separately accepted program-specific terms or where you and Amaze have entered into a separate written agreement for specific compensation, Amaze does not guarantee any payment to you for your Hosting Activities. Many hosts use the Service primarily to drive traffic, build audience, and earn through third-party affiliate programs, and in those cases Amaze pays nothing to the host.

5.3 Affiliate Commissions. Where you include affiliate or referral links in your streams or descriptions under your own arrangements with third-party programs, any commissions are paid by those programs directly to you. Amaze is not a party to those arrangements, does not facilitate those payments, and does not earn or share in those commissions. See Section 3.4.

5.4 Disputes and Recalculation. If you believe Amaze owes you a payment under a specific program, you must contact us in writing within sixty (60) days of the disputed payment with sufficient detail to allow us to investigate. After sixty (60) days, the payment is deemed accepted as issued and you waive any claim against Amaze with respect to that payment. Amaze may recalculate any host payout balance based on refunds, chargebacks, fraud findings, holds, regulatory requirements, or breach of this Agreement, and may hold a requested payout until any recalculation is complete.

5.5 Withholding and Offset. We may withhold from amounts otherwise payable to you (a) any amounts required by applicable tax, sanctions, or other law; (b) amounts you owe Amaze under this Agreement or any other agreement; and (c) amounts reasonably reserved in connection with pending refunds, chargebacks, fraud investigations, or third-party claims related to your Hosting Activities.

5.6 Payments Provider. Amaze may make or facilitate payments to you through a third-party payments provider. You agree to comply with the terms of service of the applicable payments provider, and you authorize Amaze and the provider to exchange information about you reasonably necessary to process payments and to comply with applicable law.

6.1 Confidential Information. In the course of your relationship with Amaze, you may receive non-public information about Amaze’s products, features, business plans, technology, financials, partners, users, hosts, customers, security, and operations (“Confidential Information”), including information about features that have not been publicly announced and information shared as part of host previews, beta programs, or testing.

6.2 Your Obligations. You agree to (a) keep Confidential Information strictly confidential and protect it with at least the same degree of care you use to protect your own confidential information of similar importance (and in no event less than a reasonable degree of care); (b) use Confidential Information only as reasonably necessary to perform your obligations under this Agreement; and (c) not disclose Confidential Information to any third party without Amaze’s prior written consent.

6.3 Exceptions. Confidential Information does not include information that (a) is or becomes publicly known through no fault of yours; (b) was known to you prior to disclosure by Amaze without an obligation of confidence; (c) is independently developed by you without use of Confidential Information; or (d) is required to be disclosed by law or legal process, provided that you give Amaze prompt prior notice (where legally permitted) so that Amaze may seek a protective order or other remedy.

6.4 Survival. Your obligations under this Section 6 survive termination of this Agreement for two (2) years, except that your obligations with respect to Confidential Information that constitutes a trade secret continue for as long as that information remains a trade secret under applicable law.

7.1 By You. To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Amaze and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and successors and assigns (collectively, the “Indemnified Parties”), from and against any and all third-party claims, demands, suits, actions, investigations, losses, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and costs of investigation) arising out of or relating to:

• your Host Content, including any claim that the Host Content infringes any intellectual-property right, defames any person, violates any privacy or publicity right, or violates any law;
• your acts, omissions, or conduct in connection with the Service, including your statements about products, your interactions with viewers, brands, merchants, talent, agents, or other users, and any claim that you made misleading, deceptive, or unsubstantiated representations;
• your breach of this Agreement, the Terms of Service, the Community Guidelines, the Prohibited Items List, or any other Amaze policy or applicable law;
• any failure by you to make required disclosures under the FTC Endorsement Guides or applicable advertising, endorsement, or consumer-protection laws;
• any claim by a brand, merchant, viewer, affiliate program, talent agency, or other third party arising out of your stream content, your offerings, or your relationships with them;
• any tax liability arising from amounts paid to or earned by you, including any failure to remit applicable taxes; and
• any claim, charge, audit, or proceeding (including by you or by any government agency on your behalf) asserting that you are or should be classified as an employee, joint employee, statutory employee, agent, partner, joint venturer, or franchisee of Amaze rather than an independent contractor, including any claim for wages, overtime, benefits, expense reimbursement, paid leave, workers’ compensation, unemployment insurance, employment-related taxes, or penalties arising from such reclassification.

7.2 Procedure. Amaze will notify you of any claim for which it seeks indemnification under this Section. Amaze may, at its option, (a) require you to assume sole defense of the claim with counsel reasonably acceptable to Amaze, or (b) assume sole control of the defense and settlement of the claim, in which case you will reasonably cooperate at your expense. You will not settle any claim without Amaze’s prior written consent if the settlement (i) imposes any obligation or liability on any Indemnified Party, (ii) requires any admission by any Indemnified Party, or (iii) does not include a full release of the Indemnified Parties.

8.1 Term. This Agreement begins on the date you first accept it (or first engage in any Hosting Activity, whichever is earlier) and continues until terminated as provided below.

8.2 Termination by You. You may terminate this Agreement at any time, for any reason or no reason, by ceasing all Hosting Activities and closing your host account through the tools we provide or by written notice to us. Termination by you does not relieve you of any obligation accrued prior to the effective date of termination.

8.3 Termination by Amaze for Cause. We may terminate this Agreement, or suspend or limit your Hosting Activities, immediately and without prior notice for cause, including upon any of the following: (a) your breach of this Agreement, the Terms of Service, the Community Guidelines, the Prohibited Items List, or any other Amaze policy; (b) conduct that creates legal, regulatory, reputational, financial, or operational risk for Amaze or its users; (c) any failure to make required FTC or other disclosures; (d) suspected fraud, misrepresentation, money laundering, sanctions violations, or other unlawful conduct; (e) repeated or material intellectual-property infringement; (f) any conduct that brings Amaze into public disrepute; (g) sustained inactivity; or (h) failure to satisfy ongoing identity-verification or tax-documentation requirements.

8.4 Termination by Amaze Without Cause. We may terminate this Agreement, or suspend or limit your Hosting Activities, without cause upon thirty (30) days’ written notice (or, for hosts not earning compensation from Amaze, at any time and without prior notice).

8.5 Effect of Termination. Upon termination:

• your right to host on Amaze Live ends immediately;
• your existing recordings, clips, and other Host Content may, at Amaze’s discretion and consistent with Section 4, remain available on the Service or be removed;
• any earned but unpaid amounts under specific compensation programs will be paid in accordance with those program terms, subject to Sections 5.4 and 5.5; and
• Sections 2 (with respect to past Hosting Activities), 3.9, 3.10 (for recordings made before termination), 4 (with respect to existing Host Content and to the licenses already granted), 5.4, 5.5, 6, 7, 8.5, 9, 10, 11, and 12 survive, together with any other provisions that by their nature should survive.

8.6 No Liability for Termination. Except for any earned compensation owed under Section 8.5(c), Amaze will not be liable to you, and you waive any claim against Amaze, for any compensation, reimbursement, lost profits, lost audience, or other damages arising out of or relating to the termination, suspension, or limitation of your Hosting Activities or this Agreement.

9.1 As-Is. The Service is provided “as is” and “as available,” with all faults and without warranty of any kind. Amaze makes no representations or warranties — express, implied, or statutory — about uptime, viewership, audience growth, conversion, affiliate earnings, sales, engagement, or any other outcome of your Hosting Activities.

9.2 No Endorsement of Brands or Products. Amaze does not endorse any brand, merchant, retailer, or product you may present. Decisions about which brands to work with, which products to feature, and which affiliate programs to join are yours alone, and any commercial arrangement between you and any brand or merchant is solely between you and that party. Amaze is not a party to those arrangements and has no liability with respect to them.

9.3 Disclaimer of Implied Warranties. To the maximum extent permitted by law, Amaze disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage of trade.

10.1 Excluded Damages. To the maximum extent permitted by law, in no event will Amaze or its affiliates be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for lost profits, lost revenue, lost audience, lost data, lost opportunity, or loss of goodwill, even if Amaze has been advised of the possibility of such damages and regardless of the theory of liability.

10.2 Aggregate Cap. To the maximum extent permitted by law, the total aggregate liability of Amaze and its affiliates under or in connection with this Agreement will not exceed the greater of (A) five hundred U.S. dollars (US $500), or (B) the total amount actually paid by Amaze to you under this Agreement in the twelve (12) months preceding the event giving rise to the claim. Affiliate commissions paid to you by third-party programs do not count toward the cap in clause (B).

10.3 Basis of the Bargain. The disclaimers and limitations in Sections 9 and 10 are a fundamental part of the basis of the bargain between you and Amaze. They apply notwithstanding the failure of essential purpose of any limited remedy. If applicable law does not permit the full exclusion or limitation of certain damages, Amaze’s liability is limited to the maximum extent permitted by that law.

11.1 Governing Law. This Agreement, and any dispute arising out of or relating to it or your Hosting Activities, is governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11.2 Disputes. Disputes arising out of or relating to this Agreement are subject to the dispute-resolution provisions of our Terms of Service, including any arbitration agreement and class-action waiver set forth therein. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property, Confidential Information, or other proprietary rights.

11.3 Time Limitation. Any claim arising out of or relating to this Agreement must be filed within one (1) year after the cause of action accrues, or it is permanently barred, except where applicable law prohibits a contractual limitation period of this length.

12.1 Relationship to Other Agreements. Our Terms of Service, Privacy Policy, Community Guidelines, Prohibited Items List, and any program-specific terms apply to you and form part of this Agreement. If you and Amaze have entered into a separate signed written agreement for a specific program (for example, a sponsored stream agreement or a featured-host agreement), that signed agreement governs to the extent of any conflict with this Agreement with respect to the subject matter of that program.

12.2 Modifications. We may modify this Agreement from time to time. We will notify you of material changes by email at the address associated with your host account or through the Service before the changes take effect. Continued Hosting Activities after the effective date of a modified Agreement constitute your acceptance of the modifications. If you do not agree to a modification, your sole remedy is to terminate this Agreement under Section 8.2 before the modification takes effect.

12.3 Assignment. You may not assign this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempted assignment without that consent is void. Amaze may assign this Agreement, in whole or in part, without your consent, including in connection with a merger, acquisition, sale of assets, reorganization, or by operation of law.

12.4 Entire Agreement. This Agreement, together with the documents incorporated by reference, is the entire agreement between you and Amaze with respect to your Hosting Activities and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties on the subject.

12.5 Severability. If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed from this Agreement, and the remaining provisions will remain in full force and effect.

12.6 No Waiver. A party’s failure to enforce any provision of this Agreement is not a waiver of that provision or of any other provision. Any waiver must be in writing and signed by an authorized representative of the waiving party.

12.7 Notices. Notices to Amaze must be sent in writing to Amaze Software, Inc., c/o Amaze Holding Company, LLC, Attn: Legal — Amaze Live, 150 Paularino, Suite D-200, Costa Mesa, CA 92626 USA, or by email to appeals@amaze.co. We may give you notice by email at the address associated with your host account, by in-Service notification, or by posting through the Service.

12.8 Force Majeure. Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, public-health emergencies, internet or telecommunications outages, or third-party service-provider failures.

12.9 Construction. “Including” means “including without limitation.” Section headings are for convenience only and do not affect interpretation. The parties have had the opportunity to consult with counsel; this Agreement will not be construed against the drafter.

12.10 No Third-Party Beneficiaries. This Agreement does not create any third-party beneficiary rights, except that Amaze’s affiliates and the other Indemnified Parties are intended third-party beneficiaries of Sections 7, 9, and 10.