Terms of Service
Last updated: June 11, 2025
Legal text
Basically...
1. Introduction; Your Agreement to these Terms of Service
Welcome to Vupechat, a live video chat platform custom-built for the VTubing community. This is a place where authenticity, creative experimentation and freedom of expression are encouraged. That being said, community comes first and our tolerance for bullying and toxicity is nonexistent. We’re built to adapt in lockstep with this artform as it evolves. We want you to lead the way. These Terms (as defined below) are here to calibrate this experience for maximum enjoyment for all. You should know the difference between playful and malicious. If not, we’ll make sure to let you know (and potentially bid you a swift bye bye). Read on, then join the chat, get social, and connect with the wonderful vtubing community like never before.
Vupechat is fun, subject to rules that keep us safe.
The legal terms are here to make sure that everyone follows the rules and enjoys their experience.
These Terms of Service below as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference (collectively, the “Terms”) are entered into by and between you and Vupechat Inc., a Delaware corporation (“Vupechat”, “we”, “our” or “us”). For purposes of these Terms, “you” includes, individually and collectively, any individual you (the user or the user’s entity or organization) permit to visit, view, use, or access Vupechat’s chat platform and any related services (the “Vupechat Services”).
We summarize certain provisions of these Terms in the column on the right. Summaries are for convenience only and are non-binding. In the event of a conflict between these Terms in the column on the left and any summaries of these Terms in the column on the right, these Terms will control to the extent of the conflict.
To use Vupechat, you have to agree to the Terms of Service. In this “basically” section, we’ll summarize material legal terms, but our summaries are non-binding. The Terms of Service control if there’s a conflict between them and the summary so we tried to make that section easy to read though, too!
You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Vupechat Services or (ii) clicking “Get Started”, “Agree”, or similar links, you have read, understand, and agree to be bound by these Terms, irrespective of whether you are a guest or a registered user of the Platform. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE VUPECHAT SERVICES. VUPECHAT’S ALLOWANCE OF YOUR USE AND ACCESS TO THE VUPECHAT SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS.
You can’t use Vupechat unless you agree to the Terms of Service.
2. Use of Vupechat by Minors and Blocked Persons
Users under 18 years of age (or the age of legal majority where you live) may not use the Vupechat Services. If you are a parent or guardian and you believe that your child under the age of 18 is using the Vupechat Services without your consent, please contact us at support@vupechat.com.
Minors can’t use Vupechat.
The Vupechat Services are also not available to any users previously removed from the Vupechat Services by Vupechat or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
If we banned you or if you’re lawfully prohibited from using Vupechat, you can’t use it. Take a hint!
BY USING THE VUPECHAT SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE VUPECHAT SERVICES.
IF YOU ARE UNDER 18 YEARS OF AGE AND NONETHELESS USE THE VUPECHAT SERVICES, YOUR PARENT OR LEGAL GUARDIAN IS FULLY RESPONSIBLE FOR YOUR ACTS AND OMISSIONS.
You promise that you’re over 18 years old.
3. Privacy
Your privacy is important to Vupechat. Vupechat’s Privacy Policy explains how and why we collect, use, and share information about you when you access or use the Vupechat Services. You understand that through your use of the Vupechat Services, you consent to the collection and use of this information as set forth in the Privacy Policy.
By using Vupechat, you agree to our privacy policy.
4. Accounts
You must log in to use the Vupechat Services. We currently only enable login to the Vupechat Services using third-party account credentials (e.g., Google, Twitch, or Discord). When you attempt to login to the Vupechat Services via one of these third parties, you will be redirected to that third party’s website or other landing page and all information you submit will be subject to that third party’s applicable policies, including any applicable privacy policies and/or notices.
To login to Vupechat you use third-party account credentials (this helps keep your account secure).
5. Use of Devices and Services
Access to the Vupechat Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Vupechat Services.
You gotta have your own device and internet connection.
6. Modification of these Terms of Service
Vupechat may amend these Terms by posting an amendment to our website, sending an email, or other form of notice. Your continued use of the Vupechat Services after the effective date of the revised Terms constitutes your acceptance of the terms.
Vupechat will let you know if we update the Terms of Service, your continued use constitutes acceptance.
7. Right to Access Vupechat
The Vupechat Services are owned and operated by Vupechat. Unless otherwise indicated, all content, information, and other materials on the Vupechat Services (excluding User Content, set out in Section 8 below), including, without limitation, Vupechat’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Vupechat or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Vupechat, by agreeing to these Terms you are granted a limited, non-sublicensable right to access and use the Vupechat Services for your internal, personal (i.e., non-commercial) use.
Vupechat owns the Vupechat Services, including of course our own IP rights. The next section covers your content and IP!
8. User Content
Vupechat allows you to participate in activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, uploaded models (“Models”) or other data or materials on the Vupechat Services (“User Content”). You own your User Content and, except for the rights and licenses granted to Vupechat hereunder that are necessary for Vupechat Services to operate, you retain all rights, title, and interest in and to your User Content.
When you use Vupechat, you’re permitted to post content. You own that content but, as described below, grant certain rights to Vupechat with respect to that content.
a. License to Vupechat
- If you submit, transmit, display, perform, post, or store User Content, you grant Vupechat the right to display and use your User Content for purposes of operating the Vupechat Services, which may include, without limitation, motion capture animation and streaming, troubleshooting, optimization, safety, moderation, and/or ensuring compatibility. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Vupechat is allowed to use them to the extent indicated in these Terms of Service
- However, and notwithstanding the foregoing, Vupechat will not under any circumstances resell, distribute, or otherwise provide your Model to third parties (including other users). You may delete your Model at any time.
Vupechat has the right to use your content simply for the purposes of operating the platform’s services (similar to how you use your model on other mocap software like VTube Studio, VSeeFace, etc.) and enforcing safety & moderation guidelines. Alas, worry not! Vupechat does NOT have the right to resell, distribute, or otherwise provide your uploaded avatar to any third parties.
b. User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (i) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (iii) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (iv) your User Content specifically does not contain any confidential information of Vupechat or third parties. Vupechat reserves all rights and remedies against any users who breach these representations and warranties.
You’re responsible for your own content. You’re telling us that you have the ability to use or post your content without needing any third party consents or licenses, and that your content does not contain stuff like viruses or confidential information. Please respect artists and don’t steal other people’s IP!
c. Content is Uploaded at Your Own Risk
Vupechat will not use your User Content except as permitted in Section 8(a) above. However, Vupechat does not guarantee that third parties (e.g., other users) will not copy, use, or distribute your User Content. To the furthest extent permitted by applicable law, you agree that Vupechat shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Vupechat for any such unauthorized copying or usage of the User Content, under any theory.
Although Vupechat will only use your content in compliance with the license in Section 8(a), Vupechat can’t make any promises that another user will not try to copy your content (similar to how someone might see your Model elsewhere on the internet and try to copy it).
d. Endorsements and Testimonials
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC's Native Advertising Guidelines, and any other guidelines issued by the Federal Trade Commission (FTC) from time to time (the "FTC Guidelines"), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Vupechat Services, or if you are an employee of a company and you decide to discuss or promote that company's products or services through the Vupechat Services, you agree to comply with the FTC Guidelines' requirements for disclosing such relationships. You, and not Vupechat, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Vupechat Services.
The Federal Trade Commission (FTC) has certain rules when your content contains advertisements or endorsements. You must comply with those rules.
9. Prohibited Activity
a. Code of Conduct
You must adhere to the following code of conduct while using the Vupechat Services:
- Do not make false, misleading, or unsubstantiated statements or claims or spread misinformation.
- Do not send or distribute spam, unsolicited, or bulk commercial electronic communications, chain letters, or pyramid schemes.
- Do not send or distribute any materials that are, or conduct yourself in a manner that is in any way, obscene, offensive, violent, sexually explicit, disparaging, abusive, hateful, racist, inflammatory, harassing, threatening, illegal, or otherwise objectionable.
- Do not send or distribute any private or personal information of a third party (including any other users) without such third party’s explicit consent.
- Do not send or distribute any materials that, or engage in any other conduct that, may infringe, misappropriate, or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual property, publicity, or privacy right of any third party.
- Do not disparage, libel, slander, or defame any person, entity, product, or service, including a competitive product or service.
- Do not promote, portray, or depict any hateful, unsafe or illegal activities (e.g., drugs, tobacco, alcohol, guns, or illegal gambling or wagering).
- Do not engage in any harassing, threatening, intimidating, predatory, or stalking conduct.
- Do not use or attempt to use another user’s account or information without authorization from that user.
When you use Vupechat, you have to play nice and can’t engage in prohibited activities, like spreading misinformation, harassing people, or violating others’ rights, to name a few.
b. Other Restrictions
You will not, and will not permit any third party to, (i) decompile, disassemble, reverse engineer, or otherwise derive source code, or attempt to derive source code, from the Vupechat Services, (ii) develop or use any applications that interact with the Vupechat Services without our prior written consent, (iii) use the Vupechat Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Vupechat Services or that could damage, disable, overburden, or impair the functioning of the Vupechat Services, (iv) use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Vupechat Services in any manner, or (v) distribute, resell, or otherwise commercially exploit the Vupechat Services.
When you use Vupechat, you must adhere to certain technical restrictions, e.g., not reverse engineering Vupechat to discover its source code, not overburdening it, and not using crawlers or scrapers.
10. Payments, Digital Goods, and Refund Policy
a. Payments and Digital Items
Certain features or content on Vupechat may be made available in exchange for a one-time payment, subscription fee, or the purchase of digital currency (e.g., Vubits). This includes but is not limited to digital avatar assets or accessories, badges, digital currencies, perks, and other platform features or rewards. All prices are displayed in USD unless otherwise noted. We reserve the right to change pricing for any products or services at any time, with notice provided in advance for any changes to recurring subscriptions.
Some things on Vupechat may eventually cost money, such as like premium features or digital goodies. Our selection of offerings and prices may change over time.
b. Refund Policy
All payments on Vupechat are final and non-refundable, including but not limited to donations, digital goods, Vubit purchases, and subscription fees. Because these items are digital and access is typically granted immediately, we do not offer refunds or returns. If you encounter issues or bugs related to your purchased goods or services, our Support team will work with you to resolve the issue. If you believe a payment was made in error or have a concern about a transaction, you agree to contact us directly at support@vupechat.com and allowing at least 30 days for resolution or clarification before initiating a dispute or chargeback with your payment provider. Initiating a chargeback without first contacting our support team, or pursuing a chargeback fraudulently, may result in the suspension or permanent ban of your account or loss of access to paid features.
All payments are final. If there’s an issue, email us first before going for a chargeback. Chargebacks hurt small businesses and creators, thanks for having our back.
c. Taxes and Billing
You are responsible for any applicable taxes or fees associated with your purchase. If you subscribe to a recurring service, your payment method will be charged automatically at the interval specified (e.g., monthly or annually), unless you cancel before the next billing cycle.
If you subscribe to anything, you’ll be billed automatically unless you cancel. You’re responsible for taxes if they apply.
11. Limitation of Liability and Disclaimer
a. Limitation of Liability
VUPECHAT’S SOLE AND AGGREGATE LIABILITY ON ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES ARISING OUT OF THESE TERMS, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, WILL BE LIMITED TO DIRECT DAMAGES AND WILL IN NO EVENT EXCEED $50 USD. IN NO EVENT WILL VUPECHAT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, EXPECTATION, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS, OR BUSINESS OR REPUTATIONAL DAMAGE).
If we ever somehow incurred liability to you, it would be limited.
b. Disclaimer
THE VUPECHAT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” VUPECHAT EXPRESSLY WAIVES AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR COURSE OF DEALING OR PERFORMANCE.
We’ll obviously try our best to make sure Vupechat is the best product ever, but we can’t make promises about how Vupechat will function. Vupechat is provided “as is,” i.e., you take it as you find it.
12. Indemnification
You will indemnify and hold Vupechat and its affiliates, and its and their officers, employees, and agents (the “Vupechat Parties”) harmless against any damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising from or in connection with (a) your access to or use of the Vupechat Services, (b) your User Content, (c) your breach or alleged breach of these Terms, and/or (d) your infringement, misappropriation, or violation of any intellectual property rights, rights of publicity, privacy rights, or other rights of a third party (each, an “Indemnifiable Claim”). Additionally, you will, at Vupechat’s sole election, defend Vupechat from any Indemnifiable Claims. If Vupechat directs you to defend an Indemnifiable Claim, then (i) Vupechat has the right to approve the counsel you select to defend the Indemnifiable Claim and (ii) Vupechat may also have its own counsel participate in the defense and settlement of the Indemnifiable Claim at your expense. Vupechat may also exclusively retain control of the defense of an Indemnifiable Claim. You will not settle an Indemnifiable Claim without Vupechat’s written consent.
Be warned, any malicious actors! In the event you cause us any liability, you will reimburse us for that liability, including defending us against any lawsuits that arise due to your conduct (if we ask you to).
13. Term and Termination
We reserve the right to modify the Vupechat Services or to suspend or terminate providing all or part of the Vupechat Services at any time or to charge, modify, or waive fees required to use the Vupechat Services. You also have the right to stop using the Vupechat Services at any time, and you may terminate these Terms by ceasing use of the Vupechat Services.
We or you can terminate your use of Vupechat at any time.
14. Miscellaneous
These Terms will be governed by and construed in accordance with the laws of the State of California, without reference to conflict of laws principles, and you irrevocably submit to the exclusive jurisdiction of the federal and state courts in Santa Clara, California for any disputes you raise hereunder. These Terms constitute the entire agreement between the parties with respect to its subject matter, and there are no agreements or understandings between the parties, express or implied, except as are expressly set forth in these Terms. If any provision of these Terms are found by any court to be void or otherwise unenforceable, the remainder of these Terms will remain valid and enforceable as though such void or unenforceable provision were absent on the date of its execution.
California law will govern the Terms of Service.