These Terms of Use are entered into by and between you ("you," "your," or "User") and Politix Inc. d/b/a Povi, its subsidiaries, officers, employees, agents, representatives, affiliates, and successors ("Company," “Povi,” "we," "us”). The following Terms of Use, together with any documents (including our Privacy Policy, incorporated herein by reference, and Community Guidelines, incorporated herein by reference) (collectively, "Terms of Use" or “Terms”), govern your access to https://povi.tv and the use of https://povi.tv subdomains, including any content, functionality, and services offered on or through https://povi.tv, our mobile optimized websites, or mobile applications (together the "Website", “Site”, or “Platform”), as a guest, User, Registered User, Moderator, or Creator (collectively, “Users”).
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IMPORTANT HEALTH AND SAFETY NOTICE: THE POVI PLATFORM IS PROVIDED FOR INFORMATIONAL, SOCIAL NETWORKING, EDUCATIONAL, AND ENTERTAINMENT PURPOSES ONLY. INFORMATION, OPINIONS, DISCUSSIONS, AND CONTENT MADE AVAILABLE THROUGH THE PLATFORM BY USERS OR THE COMPANY IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, LEGAL, FINANCIAL, MENTAL HEALTH, OR SAFETY ADVICE. POLITICAL DISCOURSE CAN BE EMOTIONALLY INTENSE AND MAY CAUSE STRESS OR ANXIETY—CONSULT A QUALIFIED PROFESSIONAL IF NEEDED. PLEASE REFER TO SECTION 33 (ASSUMPTION OF RISK AND DISCLAIMER OF LIABILITY) AND SECTION 34 (DISCLAIMERS; LIMITATION OF LIABILITY) BELOW FOR IMPORTANT DETAILS ON RISKS, ASSUMPTION OF RISK, AND LIABILITY LIMITATIONS.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE PLATFORM – THEY ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS.
By accessing or using any content, information, services, features, or resources available or enabled via the Platform (collectively, the "Services") offered by the Company through the Platform, you represent and warrant that:
(1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS;
(2) IF YOU ARE VIEWING CONTENT WITHOUT CREATING AN ACCOUNT, YOU ARE AT LEAST 13 YEARS OF AGE (OR THE EQUIVALENT MINIMUM AGE IN YOUR JURISDICTION FOR ACCESSING ONLINE CONTENT);
(3) IF YOU ARE CREATING AN ACCOUNT OR ENGAGING IN ACTIVE PARTICIPATION (SUCH AS STREAMING, CHATTING, OR POSTING), YOU ARE AT LEAST 16 YEARS OF AGE (OR THE EQUIVALENT MINIMUM AGE IN YOUR JURISDICTION) AND OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, OR, IF YOU ARE BETWEEN 16 YEARS OF AGE AND THE AGE OF MAJORITY IN YOUR JURISDICTION (TYPICALLY 18), YOU HAVE OBTAINED CONSENT FROM A PARENT OR LEGAL GUARDIAN TO ENTER INTO THESE TERMS AND USE THE SERVICES, AND POVI MAY REQUEST REASONABLE EVIDENCE OF SUCH CONSENT; AND
(4) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY OR OTHER LEGAL ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THESE TERMS.
THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY AS APPLICABLE, IDENTIFIED AS THE USER OF THE PLATFORM, WHETHER AS A GUEST, REGISTERED USER, MODERATOR, CREATOR AS APPLICABLE. YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, OUR COMMUNITY GUIDELINES AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, THE COMMUNITY GUIDELINES, OR THE PRIVACY POLICY YOU MUST NOT ACCESS OR USE THE PLATFORM.
Povi is a live streaming and discussion platform dedicated to political discourse, where users can watch, engage in, and host real-time conversations, debates, and exchanges on political topics, current events, policy issues, and related matters. Guests (individuals accessing content without an account, as further defined hereunder) may view streams and other content openly. Registered Users can create accounts to participate more actively, including watching with chat access, posting comments, following Creators, and subscribing to channels for additional perks. Moderators are Registered Users authorized by Creators to help manage channels and enforce rules. Creators are Registered Users who host live streams, produce political content, build audiences, and may offer subscription options through the Platform to supporters. The Platform facilitates discovery, viewing, and participation in political discussions only; it does not control external events or endorse any political views, remaining neutral at all times.
The Platform provides limited functionality to unregistered visitors ("Guests"), who may view live streams and other content openly.
To access the full range of features, including but not limited to participating in chats, posting comments or reactions, following Creators, joining discussions, purchasing Paid Interactive Features (such as a HeroChat or a HeroTake, as described in these Terms), and Subscribing to dedicated Creator channels on the Platform (“Channels”), or hosting content as a Creator, you must register an account ("Account") as a Registered User. Registered Users include:
Registration may be completed by:
When using social login, you authorize Povi to access certain information from your third-party account (e.g., email address, profile name, and profile picture) as permitted by that service and as described in our Privacy Policy.
You are solely responsible for all activity conducted through your Account and for maintaining the confidentiality of your login credentials. You agree to notify Povi immediately at Hello@Povi.tv of any unauthorized use or security breach.
The detailed rules governing creation, management, security, and use of Accounts, including verification requirements (if any), specific features available to each type of Registered User, subscription options, moderation privileges, Creator responsibilities, and additional obligations, are set forth more fully in the Community Guidelines, any applicable Creator agreements, and other supplemental policies, all of which are incorporated herein by reference. All use of Accounts is subject to these Terms of Use, the Community Guidelines, and any applicable addendums.
Certain Creators enter into a separate written agreement with Povi governing content licensing, monetization, revenue sharing, and related matters (each, a "Creator Agreement," including any Non-Exclusive Founding Creator License Agreement). For any User who has executed a Creator Agreement, that Creator Agreement controls over these Terms of Use to the extent of any conflict or inconsistency, and nothing in these Terms of Use modifies, limits, or supersedes any right or obligation under that Creator Agreement.
Any Registered User may apply to become a Creator by visiting https://povi.tv/become-a-creator and filling out an application to create a Channel. Please include details such as why you’d be a good fit for Povi, and examples of past content. Povi will review the request and, at its sole and absolute discretion, may approve or deny the application. To be eligible to become a Creator, you must: (i) be at least eighteen (18) years of age (or the age of majority in your jurisdiction, if higher) and have full legal capacity to enter into a binding contract; and (ii) be a natural person residing in the United States, or an entity organized under the laws of a U.S. state or territory with its principal place of business in the United States, with each individual providing creator services on the entity’s behalf residing in the United States. If approved, the User will be granted a Creator Account and must complete the Channel onboarding process, which includes executing the separate Creator Agreement (or License Agreement) with Povi. This agreement governs the terms of content creation, streaming, monetization (including Subscriptions and Paid Interactive Features), revenue sharing, content ownership, compliance obligations, and other Creator-specific responsibilities. The Creator Agreement must be accepted before the Channel can go live or access monetization features. Except as otherwise expressly provided in an executed Creator Agreement, Povi reserves the right to reject any application or revoke Creator status at any time for any reason, including violation of these Terms of Use, the Community Guidelines, or the Creator Agreement.
Creators may appoint Moderators to help manage their Channels. Any Registered User account may be designated as a Moderator by the Creator through the Platform’s Creator dashboard settings. Once appointed, Moderators can use available moderation features to enforce the Creator’s channel-specific rules and the Platform’s Community Guidelines. This includes, but is not limited to, issuing warnings, muting, timing out, banning, or suspending Users from the Channel chat; deleting or removing comments, reactions, or other User Content within the Channel; and taking other reasonable actions to maintain a productive and respectful environment. Moderators act on behalf of and under the direction of the Creator. Moderators are not employees, contractors, agents, or representatives of Povi and have no authority to act on Povi’s behalf. The Creator remains primarily responsible for the conduct in their Channel, including any actions taken by their appointed Moderators. Povi is not liable for any moderation decisions made by Creators or Moderators. A Creator may remove a Moderator at any time through their Channel settings. Povi reserves the right to suspend or revoke Moderator privileges if a Moderator violates these Terms of Use or the Community Guidelines.
You agree to use the Platform solely for personal purposes (except for Creators, in accordance with any applicable Creator Agreement, monetization terms, or other supplemental policies). Lawful political advocacy, campaigning, commentary, and journalism conducted in compliance with applicable law, these Terms of Use, and the Community Guidelines are welcome on the Platform, provided that: (i) if you use the Platform on behalf of, or at the direction of, a political campaign, committee, party, government body, advocacy organization, media outlet, or other organization, you must accurately disclose that affiliation on your Account or in connection with the relevant activity, and must not misrepresent your identity, affiliation, or purpose; and (ii) you remain solely responsible for all registration, disclosure, and disclaimer obligations under applicable law, including election, campaign-finance, and foreign-agent laws.
You may not access or use the Platform, or any data obtained from it, for: (a) competitive intelligence gathering or market research targeting the Platform or its Users; (b) automated data collection, scraping, or harvesting; (c) surveillance, monitoring, or intelligence-gathering purposes, including by or on behalf of any government or law-enforcement agency (other than pursuant to valid legal process); or (d) undisclosed commercial exploitation of other Users’ content — in each case without our prior written consent.
You agree to respect the privacy of other Users and to keep confidential any non-public personal information you learn about them through the Platform (such as names, contact details, profiles, political affiliations disclosed in private chats, or other identifiable details). You will not disclose, share, or use such information in a way that could harm, harass, dox, or identify another User without their explicit consent.
You may not download, copy, reproduce, distribute, sell, broadcast, retransmit, create unauthorized links to, or otherwise exploit any User Content or other materials on the Platform (including streams, clips, comments, or channel content) except as expressly permitted by these Terms of Use, the posting User or Creator, or applicable law. This includes prohibiting the use of automated tools, scrapers, or third-party services to capture or repurpose live streams or archived content for non-personal purposes.
Your use of the Platform involves the collection and processing of personal information. All collection, use, storage, and disclosure of your personal data is governed by the Povi Privacy Policy (incorporated herein by reference and available at https://povi.tv/privacy). The Privacy Policy contains important details about how we collect, use, share, and protect your information, including through cookies, analytics tools, and location data (where applicable). We encourage you to read it thoroughly.
When registering as a Creator, or at any time thereafter if you choose to enable monetization features (such as Subscriptions, Paid Interactive Features, or other monetization features), you may be required to provide additional verification information. This may include professional or tax-related details (e.g., a completed W-9 form or equivalent tax identification information, government-issued identification, or other documentation) to confirm your identity, eligibility for payouts, and compliance with applicable tax and reporting laws. Payment-related information (such as bank account details or payment processor credentials for receiving payouts) will also be collected and processed securely through our third-party payment processor (“Payment Processor”). Povi’s Payment Processor complies with applicable tax reporting requirements and may issue appropriate tax forms (e.g., Form 1099-MISC or 1099-NEC, as applicable) for payments made to Creators as required by law.
By enabling monetization or receiving payments through the Platform, Creators agree to be bound by the separate Creator Agreement (which sets forth the specific terms governing monetization, revenue sharing, payout schedules, eligibility, content ownership rights related to monetized streams, tax obligations, and other Creator-specific responsibilities). The Creator Agreement is incorporated herein by reference and must be accepted separately before any monetization features can be activated. Failure to provide required verification or tax information may result in suspension of monetization features or withholding of payments until compliance is achieved.
The Platform is intended solely to facilitate the discovery, viewing, and participation in live political streams, discussions, debates, and related online civic content. While we enable Guests, Registered Users, Moderators, and Creators to connect, interact, and exchange ideas in real time, any offline or in-person activities discussed, arranged, or inspired through the Platform, including but not limited to meetups, debates, rallies, protests, events, collaborations, or any physical gatherings, are entered into entirely at your own risk.
We do not screen Users, verify identities or backgrounds beyond basic account registration, conduct background checks, or guarantee the safety, intentions, conduct, or reliability of any User, Creator, or participant. Povi, the Platform, and our affiliates, officers, directors, employees, agents, and Payment Processor are not responsible for any outcomes, incidents, injuries, disputes, losses, damages, harassment, threats, or other harms arising from any offline or in-person interactions, whether arranged through the Platform or not.
You acknowledge and agree that:
Do not send or accept money, gifts, or payments outside the Platform’s secure systems (including any Payment Processor we use). All legitimate transactions related to Subscriptions, Paid Interactive Features, or other monetization features must occur through approved Platform features; any off-platform payments are at your sole risk, and we will not intervene, mediate, or provide refunds in such cases.
BY USING THE PLATFORM, YOU RELEASE US FROM ANY CLAIMS, LIABILITIES, OR DAMAGES RELATED TO OFFLINE OR IN-PERSON INTERACTIONS. TO THE FULLEST EXTENT ALLOWED BY LAW, POVI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE QUALITY, SAFETY, ACCURACY, OR OUTCOMES OF ANY INTERACTIONS, CONTENT, OR ACTIVITIES FACILITATED THROUGH THE PLATFORM (INCLUDING BUT NOT LIMITED TO LIVE STREAMS, DISCUSSIONS, OR ANY RESULTING OFFLINE ENGAGEMENT). THE RESPONSIBILITY FOR ANY SERVICES, EVENTS, OR OUTCOMES RESTS SOLELY WITH THE RESPECTIVE USERS OR THIRD PARTIES INVOLVED. FURTHER DETAILS REGARDING POVI’S LIABILITY LIMITATIONS, INCLUDING TOWARD CREATORS, ARE OUTLINED IN THE INDEMNITY AND LIMITATION OF LIABILITY SECTIONS OF THESE TERMS.
If you are a California resident, you waive California Civil Code § 1542 with respect to each release contained in these Terms, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Each release in these Terms extends to claims you do not know or suspect to exist at the time of the release.
You agree to use the Platform only for lawful purposes and in a manner consistent with its intended use as a live streaming and discussion service dedicated to political discourse, debates, civic engagement, and the exchange of ideas on political topics, current events, policy issues, and related matters. To keep the Platform safe, welcoming, neutral, and focused on constructive political dialogue, you agree not to engage in any of the following prohibited conduct, directly or indirectly:
We maintain a strict repeat infringer policy. Accounts of Users determined to be repeat violators of these prohibitions or who persistently violate the Community Guidelines will be permanently terminated. We reserve the right to investigate any suspected violation and take appropriate action, including but not limited to content removal, feature restrictions, temporary or permanent Account suspension/termination, deactivation of monetization tools, and reporting to law enforcement or relevant authorities where required or appropriate.
These prohibitions are in addition to (and do not limit) any other rules set forth in the Community Guidelines, Creator Agreement, or other supplemental policies. Violations may result in immediate enforcement action to protect the integrity, safety, and neutrality of the Platform.
If you become aware of any conduct described in this section that you believe violates our Platform Policies, whether occurring on the Platform or off-Platform, you may report it confidentially through our Reporting System (as defined in these Terms) specifically for on-Platform conduct, or by contacting us directly via the “Contact Us” section below for any conduct including off-Platform matters.
We take such reports seriously and will review them confidentially. To help us investigate effectively, please provide as much verifiable detail and evidence as possible (e.g., links, screenshots, dates, or other supporting information). Note that false or bad-faith reports may result in enforcement action against the reporter.
Povi provides tools for Users to report content or behavior that violate these Terms of Use, the Community Guidelines, or applicable law (“Reporting System”). You may report the following items directly through the Platform:
To submit a report, use the “Report” button or flag icon available on or near the relevant content (such as next to a stream, comment, or profile). This opens a reporting popup or form where you can select the reason for the report and provide optional additional details or evidence. Anonymous reports are permitted, but providing your Account information may help us follow up if needed.
Reports are reviewed by Povi’s moderation team (human moderators, potentially assisted by automated tools, as detailed in the Monitoring and Enforcement Section hereunder) as promptly as reasonably possible. We may take actions such as content removal, warnings, restrictions, suspensions, terminations, or referral to law enforcement, depending on the severity and nature of the violation. However, Povi has no obligation to take any action, notify you of the outcome, or provide updates on individual reports.
You may also report suspected violations by emailing Hello@Povi.tv with a detailed description, including links to the content (if available), screenshots or other evidence, and your contact information if you wish to be contacted. Reports submitted via email will be handled in the same manner as in-Platform reports.
False, abusive, or bad-faith reporting (such as repeated frivolous reports to harass or silence others) may result in enforcement action against the reporting User, including warnings, restrictions, or Account suspension. By submitting a report, you represent that your report is made in good faith and based on a reasonable belief that a violation has occurred. Povi reserves the right to disclose reporter information in response to valid legal requests or as required by law.
The Platform is an interactive computer service that enables Users (including Guests, Registered Users, Moderators, and Creators) to post, share, upload, stream, comment on, and view User Content, such as live streams, channel descriptions, text posts, comments, reactions, links, images, videos, clips, chat messages, and other materials.
Pursuant to Section 230 of the Communications Decency Act (47 U.S.C. § 230), we are generally immune from liability for any claims arising from User Content posted, transmitted, or made available by third parties on the Platform. We act solely as an interactive computer service provider and publisher-neutral intermediary, we do not create, develop, endorse, adopt, or exercise editorial control over most User Content. Accordingly, we are not responsible or liable for any User Content, including (without limitation) its accuracy, legality, truthfulness, appropriateness, offensiveness, political viewpoint, potential to mislead, or any harm, loss, or damage it may cause to any person or entity.
While we reserve the right (but have no obligation) to monitor, review, screen, moderate, remove, restrict access to, or take other action with respect to User Content at our sole discretion, for example, to enforce these Terms of Use, the Community Guidelines, or applicable law, we do not routinely pre-screen or actively monitor all content. Our implementation of reasonable rules, prohibitions, and moderation practices (as outlined in the Prohibited Conduct section, Community Guidelines, and related policies) is intended primarily to promote User safety, maintain platform integrity and neutrality, comply with applicable laws, respond to valid legal requests, and support the continued operation of the Platform as a dedicated space for respectful political discourse and civic discussion.
Nothing in these Terms shall be construed as a waiver of any immunity or protection provided to us under Section 230 or any other applicable law. If any User Content violates these Terms, the Community Guidelines, or applicable law, please report it through the in-app reporting tools so we may review and take appropriate action where warranted.
The Povi name, the Povi logo, and any other Povi product or service names, logos, designs, or slogans that appear on the Platform (collectively, the "Povi Marks") are trademarks or service marks of Povi (or its affiliates) and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
You may not use any metatags or other "hidden text" utilizing the Povi Marks or any other Povi trademark, service mark, or name without our prior written permission.
The overall look and feel of the Platform, including all page headers, custom graphics, button icons, scripts, and user interface elements (collectively, the "Trade Dress"), constitute the service mark, trademark, and/or trade dress of Povi and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names, company names, or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Povi Platform, provided that:
You may link to the Platform in a way that is fair, legal, and does not damage our reputation or exploit it, but you must not establish a link that suggests any form of association, approval, endorsement, or sponsorship by Povi where none exists.
The Platform may contain links to third-party websites, resources, services, or content provided by Povi or unrelated third parties. These may include hyperlinks that direct you away from the Platform to external sites, embedded content (such as videos, widgets, or feeds from other platforms), inverse hyperlinks, framing technologies, or integrations with third-party tools (e.g., payment gateways, analytics services, social sharing buttons, fact-checking APIs, or external political/news sources referenced in streams or comments).
Povi has no control over, and does not assume responsibility for, the content, policies, practices, availability, accuracy, legality, safety, or functionality of any such third-party websites, resources, or services. You acknowledge and agree that Povi does not endorse, sponsor, or recommend any third-party site, content, product, service, advertiser, political organization, candidate, or resource linked to or appearing on the Platform, and inclusion of any link or reference does not imply affiliation, approval, or endorsement by Povi.
All such interactions are solely between you and the applicable third party. Povi disclaims any liability for any loss or damage of any kind incurred as a result of such dealings or the presence of third-party links, content, or services on the Platform.
You access and use third-party sites, resources, or services at your own risk and subject to their respective terms of use, privacy policies, and applicable laws. We encourage you to review those terms and exercise caution, especially when sharing personal information, making payments, or engaging in political or financial activities through external links. If you encounter suspicious, harmful, or unlawful third-party content linked from the Platform, please report it to support so we may evaluate whether to remove or warn about the link.
Although Povi does not control all aspects of how Users interact on the Platform, you may not use the Platform to solicit, promote, or advertise any third-party products, sites, apps, or services that directly compete with Povi’s core live-streaming, discussion, or political-engagement features (such as alternative platforms for political streaming, debate hosting, civic forums, or similar services). While Users are free to engage in political activities or use other services outside the Platform, you may not use Povi messaging, profiles, posts, Channels, chats, forums, or any other features to encourage or direct other Users to bypass the Platform. This includes, for example, moving discussions, collaborations, Subscriptions, Paid Interactive Features, monetized interactions, or audience engagement to external services or platforms in order to avoid Platform fees, rules, systems, or moderation. Any attempt to circumvent the Platform’s services or divert Users to competing offerings is strictly prohibited and may result in immediate Account suspension or termination, content removal, and/or other enforcement actions at our sole discretion. Nothing in this section prohibits a User or Creator from referencing or linking to that User’s or Creator’s own profiles on social media or text-based platforms that do not directly compete with the Platform’s core live-streaming and video features. A neutral listing of a User’s or Creator’s own channels and profiles (including on services that compete with the Platform’s core live-streaming and video features) in that User’s or Creator’s Povi bio or channel page is likewise permitted, as described in the Community Guidelines (Links and Other Platforms). This does not permit on-stream or in-content calls to action directing your audience to competing services, which remain subject to the consent requirement above. However, Users and Creators may not use the Platform to promote or direct Users to their own or others’ channels, accounts, or destinations on video or live-streaming services that compete with the Platform for purposes of moving audience engagement off-Platform, or to conduct off-Platform payments or transactions that circumvent the Platform’s monetization systems, in each case without Povi’s prior written consent. Sharing, discussing, or reacting to individual pieces of content from other services as part of political commentary or discussion is not, by itself, a violation of this section.
No provision in these Terms shall be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any intellectual property rights of Povi or any third party, except as expressly stated herein. All content, features, and functionality available on or through the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the selection and arrangement thereof (collectively, the "Povi Content" or “Company Content”), are the exclusive property of Povi, its affiliates, licensors, or service providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, Povi grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and Services for your personal, non-commercial use (or, for Creators, as permitted by the applicable Creator Agreement).
You acknowledge that the Povi Marks (as defined in the Trademarks section) and all Povi Content are owned by Povi or its licensors. You agree not to modify, alter, deface, adapt, translate, decompile, disassemble, reverse engineer, or create derivative works from any Povi Content, software, or programs used in connection with the Platform. You further agree not to use any Povi Content or Povi Marks for any purpose other than as expressly permitted by these Terms, nor to hold yourself out as sponsored by, affiliated with, or endorsed by Povi. You shall not defame Povi or its trademarks or service marks, or any aspect of the Platform or its services. Any unauthorized use of the Povi Marks or Povi Content is strictly prohibited and may violate applicable laws.
All other trademarks, service marks, product names, company names, and logos appearing on the Platform are the property of their respective owners, and no rights or licenses are granted to you with respect to them.
This grant does not create any partnership, joint venture, agency, or fiduciary relationship between you and Povi. While Povi may, at its sole discretion, assist in addressing potential infringements of your User Content, Povi has no obligation to monitor or enforce your rights, and primary responsibility for protecting and enforcing your intellectual property rights in User Content remains with you.
The Platform may contain profiles, Channels, live streams, feeds, chats, comments, reactions, forums, or other interactive features that allow you to post, submit, publish, display, transmit, stream, or share content or materials to other Users or persons (collectively, "post") on or through the Platform (such "posted" content or materials, collectively "User Content"). All User Content must comply with the Prohibited Conduct standards set out in these Terms of Use and the Community Guidelines.
User Content includes, without limitation, live or pre-recorded audio and video streams, audiovisual recordings, voice commentary, spoken discussions, music or soundtracks (if properly licensed or permissions secured), text posts, comments, reactions, captions, subtitles, descriptions, titles, tags, links, images, photographs, graphics, illustrations, animations, screen shares, documents, polls, interactive overlays, chat messages, and any other text, media, data, or materials you provide or generate on or through the Platform.
You retain ownership of any intellectual property rights you hold in your User Content. Povi does not claim ownership of your User Content. However, by posting or streaming User Content on the Platform, you grant Povi a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify (for technical formatting or moderation purposes), adapt, publish, translate, create derivative works from, distribute, perform, display, stream, archive, and otherwise exploit your User Content in any media or manner, solely: (a) for the purposes of operating, providing, improving, promoting, archiving, and distributing the Platform and its services (including live streams, on-demand clips, search functionality, recommendations, and promotional materials), including to research, develop, train, test, evaluate, and improve the Platform and Povi’s software, algorithms, and models (including machine-learning models) and related technologies; and (b) to create, use, license, distribute, and otherwise commercialize de-identified, aggregated, statistical, or otherwise derived data, metadata, and insights based on or generated from User Content and use of the Platform (such as measures of activity, engagement, topics, sentiment, and trends), including by making such data, metadata, and insights available to or through third parties, provided that nothing in this clause (b) permits Povi to publicly attribute such data to you personally, to disclose it to third parties (other than our service providers) in a form that identifies you or that could reasonably be linked to you or your Account, or to distribute your User Content itself except as permitted under clause (a).
You will not receive any compensation for this license. This grant does not create any partnership, joint venture, agency, or fiduciary relationship between you and Povi. Notwithstanding the foregoing, if you are a Creator who has executed a Creator Agreement, the license to your Licensed Content (as defined in your Creator Agreement) is granted under, and governed exclusively by, that Creator Agreement — including its content-removal and license-termination provisions — and not by this section. This section continues to apply to any User Content you post outside the scope of your Creator Agreement.
While Povi may, at its sole discretion, assist in addressing potential infringements of your User Content (such as unauthorized rebroadcasting or clipping), Povi has no obligation to monitor, detect, or enforce your intellectual property rights in User Content, and primary responsibility for protecting and enforcing those rights remains with you.
By posting or streaming User Content, you represent and warrant that:
You are solely responsible for your User Content, including its legality, reliability, accuracy, appropriateness, and compliance with these Terms and the Community Guidelines. Povi is not responsible or liable to any third party for the content, accuracy, or consequences of any User Content posted, streamed, or shared by you or any other User. You interact with and rely on User Content at your own risk.
Povi has no obligation to pre-screen User Content but reserves the right (without obligation) to review, refuse, remove, edit, restrict access to, demonetize, or take other action with respect to any User Content at any time, in our sole discretion, including if it violates these Terms of Use, the Community Guidelines, or is otherwise objectionable, harmful, or unlawful. Although Povi is not obligated to do so, we may, at our discretion, submit notifications of infringement on your behalf to third-party sites or services hosting unauthorized copies of your User Content (such as pirated streams or clips). We may also withdraw such notifications at any time. If we request information or consents from you to facilitate such notifications, you agree to provide them promptly. However, primary responsibility for monitoring and enforcing your rights in User Content remains with you.
The Platform may provide tools allowing Registered Users (including channel subscribers) to create short video reactions ("Reacts") or clips of streams, videos, or comments. Reacts and clips are User Content created by the User who makes them and are licensed to Povi under this section. The underlying Creator or User content featured in any React or clip remains the property of its owner and subject to that owner’s rights, and your license to Povi of a React or clip does not expand your rights in the underlying content. You may create Reacts and clips only using the Platform’s provided tools and only of content made available for such features. Povi may remove any React or clip at any time, including at the request, or through removal tools made available to, the Creator whose content is featured, and no removal entitles you to any compensation.
If you are a registered user under 18, you may remove, or request and obtain removal of, content you posted, by using available Platform tools or by emailing hello@povi.tv (California residents have this right under Cal. Bus. & Prof. Code § 22581). Removal may not be complete or comprehensive; content reposted or copied by others may remain visible elsewhere, and removing content does not require deleting your account. Removal ends public display; copies may be retained as described in this section and in our Privacy Policy.
Creators may create or otherwise make available profiles, Channels, live streams, videos, audio commentary, images, text descriptions, bios, links, tags, schedules, guest lists, or other content containing materials and intellectual property that they own or have a license to use (“Creator Content”). Third-party advertisers, sponsors, or partners (if any) may also make available promotional materials, banners, sponsored segments, or other content on the Platform (“Advertiser Content”).
In posting or streaming Creator Content or Advertiser Content, Creators and advertisers represent and warrant that they own or have all necessary rights, licenses, and permissions to such content. Creator Content made available by a Creator who has executed a Creator Agreement is licensed to Povi under, and governed exclusively by, that Creator Agreement. Any other Creator Content is licensed to Povi under the User Content section of these Terms, and Advertiser Content is licensed under the applicable advertising, sponsorship, or partner agreement.
Povi does not endorse, recommend, or assume any obligation to monitor Creator Content or Advertiser Content. We hereby disclaim any and all liability with respect to Creator Content and Advertiser Content, including its accuracy, legality, appropriateness, truthfulness, political viewpoint, potential to mislead, or any harm it may cause.
We do not permit copyright-infringing activities or any infringement of intellectual property rights on the Platform. We reserve the right to review, remove, restrict access to, demonetize, or take other action against any Creator Content or Advertiser Content at any time, with or without notice, if it violates these Terms of Use, the Community Guidelines, or our DMCA Policy, if it is, in our sole and absolute discretion, objectionable, harmful, unlawful, or if we receive a proper claim of infringement (including DMCA notices or equivalent).
Reports of offensive, illegal, infringing, or potentially harmful Creator Content or Advertiser Content should be sent to Hello@Povi.tv, reported via the Reporting System, or submitted to us via the Contact Us Section of these Terms. We will review such reports in accordance with our policies and applicable law, but we have no obligation to take action or provide updates on individual reports.
Company respects the intellectual property of others. It is Company’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Company may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. In appropriate circumstances, Company will terminate the accounts of users who are repeat infringers, as described in our Copyright/DMCA Policy.
For more information, please visit our DMCA Policy page.
Creators must strictly comply with the Federal Trade Commission’s (FTC) Guides Concerning Use of Endorsements and Testimonials in Advertising (available at ftc.gov or http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) and all related FTC guidance, including:
To better understand Your responsibilities under the Endorsement Guides, You must review the FTC Guidance via the FTC website, available at https://www.ftc.gov/business-guidance/advertising-marketing/endorsements-influencers-reviews
You may not:
You must follow the terms, policies, and disclosure requirements of any third-party platform (e.g., X, YouTube, Instagram) where you post SM Publication Content related to Povi. Compliance with those platforms’ rules does not automatically satisfy FTC disclosure obligations.
You may not create or use fake followers, engagement, or metrics on social media or the Platform, including buying followers, using bots to automate follows, comments, likes, or views, or posting fake sponsored/promotional content.
By agreeing to these Terms, you acknowledge that compliance with these requirements is both a legal obligation and a reflection of Povi’s commitment to transparency, integrity, and ethical political discourse. Non-compliance may result in immediate suspension or termination of your Account, monetization privileges, Creator status, or any partnership/sponsorship relationship with Povi, in addition to any other remedies available under these Terms or law.
The Platform is free for basic access, including viewing public streams, browsing Channels, and participating in general discussions as a Guest or Registered User. Certain optional paid features, such as Subscribing to a Creator’s Channel for exclusive perks, content, or benefits, purchasing Paid Interactive Features (such as a HeroChat or a HeroTake), or other products or services made available via the Platform (collectively, “Purchases” or “Monetized Features”), require payment in U.S. dollars (USD).
Povi is the Merchant of Record for all Purchases and handles payment processing and transaction-related matters. Payments are facilitated through third-party Payment Processor(s). For payment questions, disputes, or refunds, contact Povi support via the Contact Us Section hereunder.
Each Purchase is a transaction solely between you and Povi as Merchant of Record. Where a Purchase is attributable to a Creator’s channel or content, Povi pays that Creator a revenue share pursuant to the applicable Creator Agreement; no user payment is received, held, or transmitted by Povi on any Creator’s behalf, and no Creator has any right, title, or interest in or to any user payment itself. Payment-processing and related transaction fees may be deducted in connection with each transaction as disclosed at checkout or in the applicable terms.
You are responsible for all charges incurred in connection with your use of the Platform, including any fees from your payment provider, carrier, or financial institution. By making any Purchase, you authorize Povi and its Payment Processor to charge your selected payment method. Povi does not store full payment card information; sensitive data is handled solely by the Payment Processor in compliance with applicable security standards.
Povi reserves the right to modify payment methods, processors, pricing, service fees, or introduce new Monetized Features at any time, with reasonable notice provided via the Platform, email, or in-app notification where required by law. Your continued use of any paid features after such changes constitutes acceptance of the updated terms. If a change is unacceptable, you may cancel any active Subscriptions or refrain from making further Purchases before the next billing cycle.
The Platform is free to use for basic access, including viewing public streams, browsing Channels, and participating in general discussions as a Guest or Registered User. No fees are charged for unlimited and unrestricted access to public content, rankings, categories, messaging features (where available), or other free services.
Certain optional features, such as subscribing to a Creator’s Channel for exclusive perks, content, or benefits, require payment of a Subscription fee in U.S. dollars (USD), processed securely through the Payment Processor. Subscription Plans, pricing, billing periods (for example, monthly or 30-day cycles), benefits, and any applicable taxes or fees will be clearly disclosed to you before you authorize any charge or enter a paid Channel area. No charge will be made to your payment method without your explicit authorization via the Platform.
The Platform may offer different Subscription lengths or billing options from time to time, and Povi reserves the right to modify, add, or remove these options at its sole discretion, with advance notice provided to affected subscribers via email or in-Platform notification.
Povi may also offer bundled, multi-channel, or platform-wide subscription products from time to time; the terms of any such offering will be disclosed at the point of purchase.
When you sign up for a Subscription to a Creator’s Channel, you expressly acknowledge and agree that:
All Subscription fees are non-refundable except as expressly provided in these Terms, the Creator Agreement (if applicable), or required by law. Your continued use of a paid Subscription after any change to pricing, billing periods, or plans constitutes acceptance of the new terms. If a change is unacceptable, you may cancel your Subscription before the next billing cycle.
Subscriptions support Creators directly and provide access to their exclusive content or perks. Povi is not responsible for any Creator’s failure to deliver promised benefits, maintain content, or continue streaming. Any issues with a specific Channel should be addressed with the Creator or reported to support. Povi may suspend or terminate Subscriptions or access for violations of these Terms or the Community Guidelines, without refund except where required by law.
You may cancel any recurring Subscription at any time through your Account settings. Cancellation takes effect at the end of your then-current billing period: you will retain access to the subscribed Channel through the end of that period and will not be charged for subsequent periods. Unless expressly stated otherwise in these Terms or required by applicable law, no refunds or credits are provided for partial billing periods. Cancellation of a free trial is addressed in the Free Trials section.
Povi may offer free trials for certain paid features or Services (such as Subscriptions to Channels, premium access, or other monetization-related perks) at its sole discretion. Unless otherwise clearly stated at the time of the offer, any free trial will automatically convert to a paid Subscription at the end of the trial period, and your designated payment method will be charged the applicable Subscription fee (plus any taxes or charges). We will disclose the automatic-conversion terms at signup, obtain any consent required by applicable law, and, where required by applicable law, send you a reminder notice before the trial converts to a paid Subscription.
To avoid being charged, you must cancel the trial before it ends through your Account settings or as instructed during signup. Cancellation may take effect immediately or at the end of the trial period, depending on the offer terms. After cancellation, you will lose access to any trial-exclusive benefits at the end of the trial period, and no refunds will be issued for any portion of the trial used.
Free trials are subject to availability, eligibility requirements, and any additional terms disclosed at signup. Povi reserves the right to modify, extend, limit, or discontinue free trial offers at any time without notice. Misuse of free trials (such as creating multiple Accounts to repeatedly access trials) may result in suspension or termination of your Account and loss of access to paid features.
The Platform offers paid interactive features that you may purchase from Povi, currently consisting of: (i) "HeroChats," under which you purchase the highlighting and/or pinning of your chat message during a live stream; and (ii) "HeroTakes," under which you purchase the highlighting of your comment on video-on-demand or replay content (each, a "Paid Interactive Feature"). Povi may add, modify, or discontinue Paid Interactive Features from time to time.
Each Paid Interactive Feature is a digital product sold by Povi, as Merchant of Record, directly to you, and each purchase is a transaction solely between you and Povi. The purchase price is paid solely for the feature itself — the highlighting, pinning, or display of your message — and not for any act, content, response, or performance by any Creator. No Creator owes you any performance, service, or other consideration in connection with any purchase, including any obligation to read, respond to, or acknowledge your message.
Any message associated with a Paid Interactive Feature is User Content and must comply with these Terms of Use and the Community Guidelines. Povi, the Creator, or the Creator’s Moderators may remove, moderate, hide, or delete any such message at any time, and such removal or moderation does not entitle you to a refund, credit, or other compensation, except as required by applicable law.
All purchases of Paid Interactive Features are final and non-refundable once processed, except as expressly provided in these Terms or required by applicable law. Purchases may not be offered, made, or solicited in exchange for, or conditioned on, any specific act, favor, content, or off-Platform arrangement. Creators may not solicit payments or financial support outside the Platform, and any attempt to bypass Platform monetization systems or divert support to external services may result in enforcement action against all involved parties.
Povi may, at its sole discretion and from time to time, offer contests, giveaways, challenges, competitions, or other promotional events (“Contests”) specifically for Creators or open to Registered Users. Participation in any Contest will be governed by separate official rules, terms, and conditions posted at the time of the Contest announcement (the “Contest Rules”), which will be incorporated herein by reference and will take precedence over these Terms of Use in the event of any conflict.
Contest eligibility, entry requirements, prizes (which may include cash, Platform credits, visibility boosts, exclusive features, merchandise, or other rewards), judging criteria, winner selection, and prize distribution will be clearly stated in the Contest Rules. Povi reserves the right to modify, suspend, cancel, or terminate any Contest at any time without prior notice and without liability, including for technical issues, fraud, or any other reason.
All prices for transactions and different Subscription plans on the Platform are shown in U.S. dollars (USD). Applicable taxes, processing fees, and other charges, if any, are additional and will be clearly displayed during checkout.
We reserve the right to adjust prices, fees, or charges at any time and without prior notice, including without limitation based on any criteria we may establish from time to time; provided, however, that if we change the amounts or other charges associated with any Subscription plans or monetization features (such as Subscriptions to Channels or Paid Interactive Features), we will provide advance notice of such changes by sending an email to the email address associated with your Account, or by any other reasonable means we determine in our sole discretion.
If any such change is unacceptable to you, you may terminate your Account or cancel any affected Subscriptions as provided in these Terms. Your continued use of the Platform or any paid features following the effective date of any such change shall constitute your acceptance of the change.
All purchases on the Platform, including Subscriptions to Channels, Paid Interactive Features, or any other paid features or monetization transactions, are non-refundable except as expressly provided in these Terms of Use, the Creator Agreement (if applicable), or required by applicable law. These payments represent the opportunity to access exclusive content, perks, or support a Creator, not a guarantee of specific outcomes, content delivery, Creator availability, or revenue generation.
If a Subscription, Paid Interactive Feature, or other paid feature becomes unavailable or is discontinued for any reason (for example, a Creator ends their Channel, removes a perk, or due to a Platform issue), Povi may, in its sole discretion and on a case-by-case basis: (i) cancel the affected Subscription or benefit and issue a full or partial refund; (ii) substitute comparable access or perks (if feasible); or (iii) take no action. For clarity, removal, moderation, or deletion of any message associated with a Paid Interactive Feature purchase (whether by Povi, a Creator, or a Moderator) does not entitle you to a refund.
Povi may also issue a refund through the Payment Processor if verifiable evidence shows a transaction was invalid due to fraud, duplicate payment, unauthorized charge, or other clear error, at Povi’s sole and absolute discretion. Povi has no obligation to issue any refund, even in cases of claimed invalidity, dissatisfaction, or other issues, and all refund decisions are final, binding, and non-appealable.
Povi disclaims any liability for denying a refund request, and in no event shall Povi be liable for any amount exceeding the fees actually paid for the specific Subscription, Paid Interactive Feature, or paid feature at issue. No course of dealing, prior refunds, or informal accommodations shall create any expectation or right to future refunds.
You acknowledge that Subscriptions provide access to a Creator’s Channel and its perks, and Paid Interactive Features provide the display features described in these Terms, and that outcomes such as content frequency, quality, or exclusivity depend on the Creator’s actions. Povi is not responsible for any Creator’s failure to deliver perks, maintain a Channel, or provide ongoing content. Payment and billing questions regarding any Purchase should be directed to Povi as Merchant of Record via the Contact Us section; concerns regarding a Creator’s content or conduct may be reported through the Reporting System.
Friendly fraud, also referred to as chargeback fraud, occurs when a User disputes a legitimate charge by falsely claiming it was unauthorized, fraudulent, or otherwise invalid (“Chargeback Fraud”). Users found to be engaging in Chargeback Fraud related to Purchases on the Platform (including Subscriptions, Paid Interactive Features, or any other paid features) may face immediate Account suspension, permanent termination, deactivation of monetization privileges (if applicable), and other enforcement actions.
Povi may investigate chargeback claims to determine their validity and rigorously enforces its rights under these Terms of Use and applicable law. By making any payment or authorizing any charge on the Platform, you represent that you are the authorized user of the payment method. We ask that you contact Povi support at Hello@Povi.tv before initiating a chargeback so we can try to resolve the issue directly; most billing problems are fixed faster that way. Nothing in these Terms limits any right you have under applicable law to dispute a charge with your card issuer or financial institution.
If a chargeback or dispute is resolved in Povi’s favor, or Povi reasonably determines (consistent with the resolution of the dispute by the Payment Processor or card network) that it constituted Chargeback Fraud, Povi may: (i) suspend or terminate the associated Account and any monetization privileges; (ii) recover the amount of the charge, chargeback and processing fees actually incurred, and reasonable costs of collection, to the extent permitted by law, by offsetting against any balance or amounts otherwise payable to you or by invoice payable within thirty (30) days; (iii) decline future transactions from you; and (iv) pursue any other remedies available at law. Transaction logs, authorization records, IP address records, and consent timestamps may be provided to payment processors, card networks, and financial institutions in connection with any dispute.
This Chargeback Policy is intended to protect Creators, the Platform, and legitimate transactions from abuse. Nothing in this section limits your rights under applicable consumer protection laws, but any attempt to abuse the chargeback process may result in the consequences described above and may be reported to relevant authorities or financial institutions.
Povi reserves the right, in its sole and absolute discretion and without prior notice or liability, to immediately suspend, restrict, or terminate your Account, your access to the Platform, or any features or functionality thereof, at any time and for any reason or no reason. This includes, but is not limited to, any suspected or actual violation of these Terms of Use, the Community Guidelines, the Creator Agreement (if applicable), any other applicable policies, or applicable law. Notwithstanding the foregoing, for any Creator who has executed a Creator Agreement, suspension and termination of that Creator’s Account, Creator status, or monetization are subject to the terms of that Creator Agreement, including any applicable notice and cure rights.
In the event of termination or suspension for cause (including any material breach of these Terms of Use or the Community Guidelines, or as required by law or legal process), Povi shall have no liability to you or any third party for such action, any loss of access, or any consequential damages, including but not limited to loss of data, content, earnings, Subscriptions, Paid Interactive Features, monetization opportunities, or other benefits.
If your Account is terminated or suspended for violation of these Terms of Use or the Community Guidelines, you are prohibited from re-registering or accessing the Platform under a different name, email address, or Account without Povi’s prior express written consent. Any attempt to circumvent such termination or suspension, including by creating new Accounts, using proxy Accounts, or having another User provide access (Suspension Evasion), will result in immediate and permanent termination of all associated Accounts and may subject you to further legal action.
Active Registered Users and/or Creators may not permit terminated or suspended Users to access the Platform through their Accounts. Users found operating multiple Accounts without Povi’s prior written permission will have all such Accounts terminated.
Any delinquent or unpaid balances (including owed fees, chargebacks, or withheld payments) must be fully resolved before any re-registration or reinstatement will be considered.
You may voluntarily terminate your Account at any time by using the "Delete Account" option in your Account settings and completing the on-screen prompts, or by sending an email with the subject "Deletion Request" to hello@povi.tv. Once initiated, the deletion process begins immediately, but the Account and all associated data will be permanently deleted after a 30-day waiting period. If you log back into your Account during this 30-day period, your deletion request will be canceled and we will use commercially reasonable efforts to restore your Account and associated data automatically; however, restoration is provided on a best-efforts basis and is not guaranteed.
Upon completion of account deletion, your User Content will be removed from public display within thirty (30) days, and the license granted in the User Content section terminates as to public display and distribution of that content at the end of that period, except for (i) copies in routine backups and enforcement, security, legal, and accounting records; (ii) clips or Reacts created by other users while the content was public; and (iii) internal technology-development copies as described in the User Content section and our Privacy Policy, which are never publicly displayed.
Upon expiration of the 30-day waiting period (or upon termination initiated by Povi), you will lose access to your Account and all associated features, content, Channels, Subscriptions, Paid Interactive Features, monetization tools, and data. Povi has no obligation to retain, store, backup, or return any User Content, messages, streams, clips, chat history, Subscription records, Paid Interactive Feature history, or other data associated with your Account following termination, and such data may be permanently and irretrievably deleted upon expiration of the 30-day waiting period (or immediately, in cases of termination for cause). Povi does not guarantee that any restoration will be complete or that any particular content or data will be recovered, and once the 30-day waiting period has expired (or upon termination for cause), Povi does not guarantee that any Account, content, or data can be recovered, restored, or reactivated.
Any outstanding fees or charges owed to Povi will remain due and payable even after termination. Creators will receive payouts for earned revenue (such as from Subscriptions or Paid Interactive Features) in accordance with the standard payout schedule, net of applicable deductions, holds, or chargebacks, except as otherwise provided in an executed Creator Agreement (including any post-termination revenue shares and accrued-payment obligations under that agreement). No refunds, credits, or prorated amounts will be issued for partially used or unused paid features, Subscriptions, or other monetization benefits except as expressly provided in these Terms of Use, the applicable Creator Agreement, or required by applicable law.
The provisions of these Terms of Use, the Community Guidelines, and any applicable supplemental agreements shall survive any termination or suspension of your Account and remain fully enforceable against you, including but not limited to obligations regarding confidentiality, indemnification, limitation of liability, intellectual property, dispute resolution, and payment of outstanding amounts.
By registering for an Account, accessing the Platform as a Guest, or otherwise using the Platform (including viewing, streaming, posting, commenting, subscribing, purchasing Paid Interactive Features, or moderating), you represent and warrant that:
Further, you represent and warrant that:
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of the foregoing representations and warranties or your failure to comply with applicable laws in connection with any political activities or content on the Platform.
For the avoidance of doubt, the Platform does not provide legal advice, verify your compliance with any laws, or assume any responsibility or liability for your political activities, content, or related obligations.
You acknowledge that any breach of these representations and warranties may result in immediate suspension or termination of your access to the Platform, loss of monetization privileges (if applicable), and/or other enforcement actions, without liability to Povi. If you do not meet these requirements or cannot make these representations, you must immediately cease using the Platform.
Creators remain solely responsible for all Creator Content they provide or stream on the Platform and agree that it will not violate any applicable law, including laws concerning obscenity, intellectual property rights, or prohibited material.
Creators represent to Povi that their Creator Content complies with all laws and regulations applicable in (i) the Creator’s country of origin, (ii) the Creator’s local community, and (iii) the United States. Creators will furnish, at their sole expense, all property, space, equipment, computers, software, internet access, clothing, materials, or other items necessary to create, stream, or broadcast Creator Content or access the Platform from their location.
Creators hereby agree to and expressly consent to Povi’s right to access, monitor, record, review, or archive live streams, video chats, or Creator Content (as permitted by law) to ensure compliance with Povi’s policies, these Terms of Use, the Community Guidelines, and applicable laws in (i) the Creator’s country of origin, (ii) the Creator’s local community, and (iii) the United States.
The Povi Platform is designed solely to facilitate online political discussions, live streaming, debates, civic engagement, and related digital interactions among Users, Guests, Moderators, and Creators. All information, opinions, commentary, advice, techniques, sources, links, or content provided on the Platform, whether in profiles, Channels, live streams, comments, chats, posts, descriptions, or any other feature, is for informational, educational, entertainment, and discussion purposes only. It is not intended as professional legal, financial, medical, psychological, career, security, or other specialized advice.
Political discussions, debates, and civic topics can involve sensitive, controversial, or emotionally charged subject matter that may cause stress, anxiety, disagreement, or other emotional responses. By using the Platform to view, participate in, host, or engage with any content or interactions (online or potentially leading to offline activities), you acknowledge and voluntarily assume all such risks, including but not limited to emotional distress, reputational harm, harassment, threats, doxxing attempts, real-world consequences of expressed views, or aggravation of pre-existing mental health conditions.
You acknowledge that engaging with political content is voluntary and that you are responsible for deciding whether such engagement is appropriate for you. Povi strongly recommends that you consult a qualified mental health professional, counselor, or healthcare provider before participating in intense or potentially triggering political debates or streams, especially if you have a history of anxiety, depression, trauma, or other conditions that could be affected by heated discourse.
POVI DOES NOT SCREEN, ENDORSE, VERIFY THE QUALIFICATIONS, INTENTIONS, SAFETY PRACTICES, OR RELIABILITY OF ANY USERS, GUESTS, MODERATORS, CREATORS, GUESTS ON STREAMS, LINKED ORGANIZATIONS, OR REFERENCED SOURCES. ALL ONLINE INTERACTIONS, CONTENT CONSUMPTION, COLLABORATIONS, OR ANY OFFLINE ACTIVITIES INSPIRED OR ARRANGED THROUGH THE PLATFORM OCCUR ENTIRELY AT YOUR OWN RISK.
POVI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, TRUTHFULNESS, LEGALITY, SAFETY, SUITABILITY, OR RELIABILITY OF ANY CONTENT, OPINIONS, ADVICE, OR INTERACTIONS ON THE PLATFORM. POVI SHALL NOT BE LIABLE FOR ANY EMOTIONAL DISTRESS, REPUTATIONAL HARM, PERSONAL INJURY, PROPERTY DAMAGE, FINANCIAL LOSS, HARASSMENT, THREATS, PRIVACY BREACHES, OR OTHER HARM ARISING FROM YOUR USE OF THE PLATFORM, PARTICIPATION IN STREAMS, RELIANCE ON USER CONTENT, OR ANY RESULTING ONLINE OR OFFLINE ACTIVITIES.
ANY RELIANCE ON INFORMATION, OPINIONS, OR CONTENT PROVIDED ON THE PLATFORM IS AT YOUR SOLE RISK. POVI DISCLAIMS ALL LIABILITY FOR ANY ADVERSE OUTCOMES RESULTING FROM YOUR USE OF THE PLATFORM OR ENGAGEMENT IN POLITICAL DISCUSSIONS, DEBATES, OR RELATED ACTIVITIES, WHETHER ONLINE OR IN PERSON.
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, USER CONTENT, LIVE STREAMS, CHANNELS, COMMENTS, CHATS, SUBSCRIPTIONS, PAID INTERACTIVE FEATURES, AND ANY SERVICES OR FEATURES OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER POVI NOR ANY PERSON OR ENTITY ASSOCIATED WITH POVI (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, CONSULTANTS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, PREDECESSORS, SUCCESSORS, AND ASSIGNS—COLLECTIVELY, THE "POVI PARTIES") MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, TIMELINESS, OR AVAILABILITY OF THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, THE POVI PARTIES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, USER CONTENT, LIVE STREAMS, OR ANY FEATURES OR SERVICES (INCLUDING SUBSCRIPTIONS, PAID INTERACTIVE FEATURES, OR MONETIZATION TOOLS) WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR SERVERS WILL BE SECURE OR UNINTERRUPTED, OR THAT THE PLATFORM OR ANY SERVICES WILL MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS.
IF YOU RELY ON ANY DATA, INFORMATION, OPINIONS, ADVICE, SOURCES, OR CONTENT OBTAINED THROUGH THE PLATFORM, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS, OR HARM THAT RESULTS FROM YOUR USE OF SUCH DATA, INFORMATION, OR CONTENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE POVI PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS, POLITICAL OR REPUTATIONAL HARM, EMOTIONAL DISTRESS, OR OTHER NON-ECONOMIC DAMAGES, ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OR INABILITY TO USE THE PLATFORM, ANY USER CONTENT, LIVE STREAMS, SUBSCRIPTIONS, PAID INTERACTIVE FEATURES, INTERACTIONS WITH OTHER USERS (ONLINE OR OFFLINE), OR ANY THIRD-PARTY CONTENT OR SERVICES (INCLUDING PAYMENT PROCESSOR SERVICES OR LINKED RESOURCES), EVEN IF FORESEEABLE AND EVEN IF POVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND INCLUDES DAMAGES ARISING FROM PLATFORM INTERRUPTIONS, ERRORS, VIRUSES, DELAYS, UNAUTHORIZED ACCESS, DATA LOSS, OR EVENTS BEYOND POVI’S REASONABLE CONTROL (SUCH AS ACTS OF GOD, COMMUNICATIONS FAILURES, OR CYBER ATTACKS).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE POVI PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO POVI (IF ANY) IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
NOTWITHSTANDING THE FOREGOING, FOR ANY CREATOR WHO HAS EXECUTED A CREATOR AGREEMENT, POVI’S LIABILITY TO THAT CREATOR ARISING OUT OF OR RELATING TO THAT CREATOR AGREEMENT OR THE CREATOR’S ACTIVITIES AS A CREATOR IS GOVERNED EXCLUSIVELY BY THE LIMITATION-OF-LIABILITY PROVISIONS OF THAT CREATOR AGREEMENT, AND NOT BY THE CAP IN THIS SECTION.
THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND POVI. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE POVI PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
To the fullest extent permitted by applicable law, you agree to indemnify, defend (with counsel reasonably acceptable to Povi), and hold harmless Povi and the Povi Parties (as defined in the Limitation of Liability section) from and against any and all claims, damages, judgments, awards, losses, liabilities, obligations, penalties, interest, fees, expenses (including reasonable attorneys’ fees, court costs, and costs of settlement), and other costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law or equity, and whether in tort, contract, or otherwise (collectively, "Claims"), arising out of or related to:
You agree to promptly notify Povi of any third-party Claims, to cooperate fully with the Povi Parties in defending such Claims, and to pay all associated fees, costs, and expenses (including attorneys’ fees). The Povi Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations), and you agree not to settle any Claim without Povi’s prior written consent. This indemnification is in addition to, and not in lieu of, any other indemnities or remedies available to Povi.
Povi uses human moderators, community reports, and reserves the right to incorporate AI-assisted moderation to enforce these Terms of Use and the Community Guidelines. Povi may, but is under no obligation to, monitor, review, or moderate any User Content, live stream, recording, clip, comment, Account, Channel, or other material on the Platform.
Povi reserves the right, in its sole and absolute discretion and without prior notice or liability, to review, remove, refuse to post, restrict access to, demonetize, suspend, terminate, or take any other action with respect to any content, Account, or feature at any time and for any reason or no reason, including if Povi determines (in its sole judgment) that the content or conduct violates these Terms of Use, the Community Guidelines, any applicable Creator Agreement, or any law, infringes any third-party rights, threatens the safety of Users or the public, or could create liability for Povi.
Povi maintains a graduated notice-and-strike system, together with an appeals process administered by a politically balanced review panel, for certain violations of these Terms of Use and the Community Guidelines (the "Notice System"). The details of the Notice System — including how notices are issued, appeal windows and procedures, strike accrual and expiration, the consequences of accumulated strikes, and the composition and operation of the review panel — are set forth in the Community Guidelines, which govern the Notice System. Copyright-related notices, strikes, and repeat-infringer consequences are governed by our Copyright/DMCA Policy.
Povi will apply these Terms, the Community Guidelines, and the Notice System reasonably and in good faith. However, Povi may take immediate enforcement action — including content removal, restriction, demonetization, suspension, or termination, without prior notice, warning, or strike accrual — where it reasonably determines that a violation is serious or repeated, poses a risk to Users, third parties, or the security or integrity of the Platform, or where required by applicable law. Povi is not liable to any User, Creator, or third party for any moderation or enforcement decision (or decision not to act) made reasonably and in good faith, including any resulting loss of visibility, revenue, audience, monetization, data, or other benefits. Enforcement decisions are final following completion of any applicable appeal process described in the Community Guidelines or these Terms.
Povi may change, suspend, or discontinue any part of the Platform or its services at any time without notice or liability. You remain bound by these Terms of Use even after termination of your access, Account, or any Creator Agreement.
Povi reserves the right, in its sole discretion and without prior notice, to:
YOU WAIVE AND HOLD HARMLESS POVI AND THE POVI PARTIES (AS DEFINED IN THE LIMITATION OF LIABILITY SECTION) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY POVI OR SUCH PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY POVI, LAW ENFORCEMENT, OR OTHER AUTHORITIES.
By using the Platform, you may be exposed to User Content that is offensive, inaccurate, objectionable, or otherwise unsuitable. You agree that Povi is not liable for any such content, including any errors, omissions, loss, or damage arising from your reliance on or exposure to it.
Povi does not undertake to review all content before it is posted and cannot guarantee prompt removal of objectionable material after posting. Accordingly, Povi assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party, nor for the performance or nonperformance of the activities described in this section.
We may update, add to, or remove content on the Platform from time to time, but the content is not necessarily complete, accurate, or up-to-date at any given moment. Any material on the Platform may be outdated, and we are under no obligation to update or correct it. Political, news, or civic-related content, in particular, can change rapidly, and we do not guarantee the timeliness, accuracy, or completeness of any information, opinions, or sources shared by Users or displayed on the Platform. We reserve the right, in our sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Platform (or any features, parts, Channels, streams, or services thereof) at any time, with or without notice and without liability to you or any third party. Reference to any products, services, processes, organizations, candidates, political entities, or other information by trade name, trademark, manufacturer, supplier, vendor, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or affiliation therewith by Povi.
Company is based in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
If you access the Platform through a mobile application (the "App") downloaded from the Apple App Store or Google Play (each, an "App Provider"), the following terms apply. These Terms are an agreement between you and Povi only, and not with any App Provider. If you access the Platform through the App on an Apple device, the license granted to you under these Terms is further limited to use on Apple-branded devices that you own or control, as permitted by the App Store usage rules. The App Provider has no obligation to provide any maintenance or support for the App and no warranty obligation with respect to the App; to the maximum extent permitted by law, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any applicable warranty are Povi’s responsibility, subject to these Terms. The App Provider is not responsible for addressing any claims by you or any third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection or similar laws. In the event of any third-party claim that the App or your use of it infringes intellectual property rights, Povi (not the App Provider) is responsible for the defense and resolution of that claim, subject to these Terms. You represent that (i) you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. You must comply with the App Provider’s applicable terms of service when using the App. Apple Inc. and its subsidiaries, and Google LLC (as applicable), are third-party beneficiaries of these Terms with respect to the App and may enforce these Terms against you as such.
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the State of Delaware applicable to agreements entered into and to be wholly performed therein. In the event of any conflict between any provisions hereof and any applicable laws to the contrary, the latter shall prevail, but these Terms shall be deemed modified only to the extent necessary to remove such conflicts, and the remaining clauses shall be interpreted so as to effect as nearly as possible the original intentions of the Parties.
Any dispute not subject to arbitration under these Terms, other than a small-claims action, shall be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you and Povi each consent to the exclusive jurisdiction and venue of those courts and waive any objection to them.
NOTICE: PLEASE READ THIS SECTION OF THESE TERMS CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHTS TO TRY CLAIMS IN COURT BEFORE A JUDGE OR JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION. YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
You and POVI agree that any dispute, claim or controversy arising out of or relating in any way to the POVI Service, these Terms of Use, the Platform Policies, and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court, following the mediation process described below. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and POVI are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your POVI Account.
Mediation Process. Before seeking arbitration or filing a small claims court action, you and POVI agree to first attempt to resolve the dispute through good-faith mediation. To initiate the mediation process, the party asserting the claim must first send to the other party a written Notice of the claim ("Notice"). The Notice to POVI must be addressed to: Politix Inc., Attention: Legal Notice, c/o United States Corporation Agents, Inc., 131 Continental Dr., Suite 305, Newark, DE 19713 ("Notice Address"). If POVI initiates mediation, it will send a written Notice to the email address used for your Account. A Notice, whether sent by you or by POVI, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). Upon receipt of the Notice, you and POVI agree to engage in mediation facilitated by a neutral mediator selected from the American Arbitration Association ("AAA") or another mutually agreed-upon mediation service. The mediation shall be conducted virtually, and shall commence within 30 days of the Notice being received. POVI will pay the mediator’s fees for any mediation of a claim brought by you in your individual capacity, unless otherwise agreed; each party bears its own attorneys’ fees and costs in connection with the mediation. If the dispute is not resolved through mediation within 60 days after the Notice is received (or such longer period as mutually agreed), you or POVI may then commence an arbitration proceeding or file a claim in small claims court as described below.
If mediation does not resolve the dispute, and you elect to seek arbitration or file a small claims court action, you must reference the prior Notice and mediation attempt in your filing. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after POVI receives notice at the Notice Address that you have commenced arbitration, POVI will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
Notwithstanding the foregoing, either party may bring (i) an individual action in small claims court, and (ii) an action in a court identified in the Governing Law and Jurisdiction section seeking injunctive or other equitable relief for actual or threatened infringement, misappropriation, or violation of intellectual property rights, unauthorized access to or interference with the Platform (including scraping, bots, credential attacks, or circumvention of security or access controls), or other conduct threatening irreparable harm, in each case without first engaging in mediation, and without waiving the right to arbitrate any other dispute.
The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless POVI and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
If your claim is for US$10,000 or less (exclusive of interest, attorneys’ fees, and costs), the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless the arbitrator determines that a hearing is necessary, in which case it may be held virtually (as the default), telephonically, or in-person if deemed essential by the arbitrator, all as established by the AAA Rules. Virtual hearings are preferred to minimize travel and costs for all parties. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND POVI AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and POVI agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this class or representative action waiver is found unenforceable with respect to a particular claim, that claim (and only that claim) shall be severed and may proceed in a court of competent jurisdiction, and all remaining claims shall proceed in arbitration on an individual basis.
Notwithstanding the prohibition on consolidation above, if twenty-five (25) or more substantially similar or coordinated Demands for Arbitration are filed against either party by claimants represented by the same or coordinated counsel, such filings shall constitute a “Mass Arbitration” and shall be administered pursuant to the AAA’s Mass Arbitration Supplementary Rules and fee schedules then in effect (or any successor procedures), including any batching, bellwether, or staged-resolution processes provided there. Applicable statutes of limitation shall be tolled for each Demand filed in compliance with this Section from the date of filing until administration under those procedures concludes or the Demand is permitted to proceed individually.
For any Creator who has executed a Creator Agreement (including any Non-Exclusive Founding Creator License Agreement), the dispute-resolution provisions of that Creator Agreement shall control over this section to the extent of any inconsistency.
Severability and Survival. This Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable, except as expressly provided above with respect to the class and representative action waiver. Therefore, terms of this Arbitration Agreement shall be severed, to the smallest extent possible, if required to uphold the enforceability of this Arbitration Agreement. The Arbitration Agreement is a contractual agreement to mutually arbitrate claims.
When you register with or use the Platform, you consent to receive electronic communications from Povi, including transactional messages (e.g., purchase confirmations, account updates), promotional or marketing emails, in-Platform notifications, and other service-related information. These communications may be sent via email, push notifications, or in-Platform messaging. You may opt out of promotional communications at any time by following the unsubscribe instructions provided in the message or by updating your account settings. Note that opting out of promotional communications does not affect your receipt of essential transactional or service-related messages.
Povi does not permit spam, unsolicited, illegal, deceptive, or misleading communications. If you receive any such communication purporting to be from or related to Povi or its partners, or if you have concerns about any message, please report it immediately to Hello@Povi.tv.
Upon becoming aware of any violating communication, Povi reserves the right to investigate and take appropriate action, including suspension or termination of accounts, removal of content, or other remedies in our sole discretion.
You may not assign, transfer, delegate, or subcontract any of your rights or obligations under these Terms without Povi’s prior written consent. Any attempted assignment, transfer, delegation, or subcontract without such consent shall be null and void. Povi may freely assign or transfer its rights and obligations under these Terms without restriction, including to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
Neither Povi nor you shall be liable for any delay or failure to perform any obligation under these Terms (except for payment obligations) where the delay or failure results from any cause beyond reasonable control, including but not limited to acts of God, natural disasters, floods, fires, earthquakes, hurricanes, or other severe weather events; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, civil unrest, or other public disturbances; embargoes, blockades, or sanctions; epidemics, pandemics, or public health emergencies; strikes, lockouts, labor disputes, or shortages of labor; shortages of transportation, facilities, fuel, energy, or materials; breakdowns or failures of equipment or infrastructure; hacking, cyber-attacks, or other interruptions to telecommunications or internet services; government orders, laws, regulations, or restrictions; or any other event commonly recognized as force majeure (collectively, "Force Majeure Events").
In the event of a Force Majeure Event, the affected party shall promptly notify the other party and use reasonable efforts to minimize the impact and resume performance as soon as practicable. If the Force Majeure Event continues for more than thirty (30) days, either party may terminate these Terms upon written notice without liability (except for obligations accrued prior to termination).
Any notices or communications required or permitted under these Terms shall be in writing. Notices to Povi shall be sent to: Politix Inc. via the address in the Contact Us section hereunder. Notices to you may be sent to the email address or physical address associated with your account, or posted on the Platform.
You are responsible for keeping your contact information current. If the last email address you provided is invalid or undeliverable, Povi’s dispatch of the email shall nonetheless constitute effective notice. Notices sent by nationally recognized overnight delivery service or first-class prepaid mail shall be deemed received upon delivery or attempted delivery. Email notices shall be deemed received upon transmission (unless a delivery failure notice is received). Povi may also provide operational notices through the Platform or in-app notifications.
You are responsible for any network or internet connectivity required to access or use the Website. An internet connection is required to access the Website. We are not responsible for performance issues of the Website, or of underlying blockchain networks, decentralized storage or streaming protocols, or related third-party infrastructure used to provide the Services, including issues related to internet or network connectivity.
You agree not to make or publish any defamatory statements — that is, false statements of fact made with the requisite degree of fault under applicable law — concerning Povi, the Platform, its services, or any of its officers, directors, employees, agents, affiliates, partners, Users, suppliers, or investors.
Nothing in this section prohibits, restricts, or penalizes truthful statements, honest reviews, ratings, feedback, opinions, or fair criticism of the Platform, its policies, services, or operations; any communication protected by the Consumer Review Fairness Act (15 U.S.C. § 45b); truthful testimony in response to a lawful subpoena or government inquiry; or the exercise of any rights protected under whistleblower laws or other applicable protections for lawful speech.
Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, charges, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Purchases if any information on the Website or on any related Website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Website or on any related Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform or on any related Website, should be taken to indicate that all information on the Website or on any related Platform has been modified or updated.
This Agreement, together with the documents incorporated by reference and any mutually agreed amendments and addenda, (a) is the Parties’ entire understanding regarding its subject matter, and (b) supersedes all other oral or written agreements of the Parties as to such subject matter; provided that, for any Creator who has executed a Creator Agreement, that Creator Agreement remains in full force and effect and controls as described in the Creator Agreements; Order of Precedence section. Amendments and updates to these Terms are governed exclusively by the Changes to these Terms section below. Referenced policies and procedures may be updated from time to time as described therein and in the Changes to these Terms section. Any terms and conditions in or referenced by an invoice, purchase order, or other such document issued pursuant to this Agreement will have no force or effect.
If there is a conflict among the documents comprising these Terms: (1) an executed Creator Agreement controls as provided therein; (2) Contest Rules control for the applicable Contest; (3) these Terms of Use control over the Community Guidelines and other supplemental policies; and (4) the Privacy Policy governs the collection, use, and disclosure of personal information. The documents incorporated into these Terms of Use are the Privacy Policy, the Community Guidelines, the Copyright/DMCA Policy, applicable Contest Rules, and any supplemental terms expressly incorporated by reference; no other page, post, FAQ, help article, or communication forms part of these Terms.
Termination, expiration, or suspension of these Terms, your account, or your access to the Platform (for any reason) shall not affect the continuation or enforceability of any provision that, by its nature or express statement, is intended to survive. Without limiting the generality of the foregoing, the following provisions (and any related definitions, rights, obligations, or remedies) shall survive indefinitely (or for any specified period):
Povi employs commercially reasonable technical, administrative, and organizational measures designed to protect personal data and User information stored on the Platform against unauthorized access, use, alteration, or disclosure, consistent with industry standards for similar services. Notwithstanding these efforts, no method of transmission over the internet or electronic storage is completely secure, and Povi cannot guarantee absolute security.
Povi reserves the right to suspend or restrict your access to the Platform, with or without notice, on an emergency basis if we reasonably believe it is necessary to: (a) prevent or address actual or suspected unauthorized access, misuse, malicious activity, or security threats; (b) maintain the integrity, availability, or performance of the Platform; or (c) comply with applicable law or legal process.
Both you and Povi agree to comply with all applicable privacy and data protection laws and regulations. By using the Platform, you consent to Povi’s collection, use, storage, and disclosure of your personal information as described in our Privacy Policy, including for the purposes of providing and improving the Platform, processing Purchases and payments, conducting analytics, and sending service-related communications. Please review the Povi Privacy Policy (available at https://povi.tv/privacy) for detailed information on how we collect, use, share, and protect your personal data.
You hereby grant Povi an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, modify, distribute, and incorporate any feedback, suggestions, ideas, improvements, or recommendations you provide regarding the Platform, its features, or services ("Feedback"), without any obligation to compensate, attribute, or notify you. Povi may use Feedback in its sole discretion for any purpose, including improving or promoting the Platform. Reviews, ratings, or comments posted on the Platform must reflect your genuine, first-hand experience with the applicable Creator, stream, content, or feature. You agree that any such review or rating will: (i) be based solely on your personal experience; (ii) not be provided in exchange for payment, compensation, or other benefits; (iii) not be submitted if you have a competitive interest, ownership stake, employment relationship, or other affiliation with the reviewed party; and (iv) comply fully with these Terms of Use and the Community Guidelines. Povi reserves the right, in its sole discretion and without notice, to edit, remove, or exclude any review, rating, or Feedback that it believes undermines the integrity of the review system, violates these Terms, or is otherwise inappropriate.
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. Except as expressly provided in the Mobile Application Terms with respect to App Providers, these Terms do not confer any rights or remedies on any person other than you and Povi.
We may update these Terms from time to time. Updated Terms apply immediately to any User who first accepts them on or after the date they are posted. For existing Users, if we make material changes, we will provide reasonable advance notice (generally at least fifteen (15) days) by email to the address associated with your Account and/or by prominent notice on the Platform, and we will update the "Last Modified" date above; material changes will not apply retroactively. Notwithstanding the foregoing, changes that are non-material (such as clarifications or corrections) or that we reasonably determine are necessary to comply with applicable law or to address security, fraud, or safety concerns may take effect immediately upon posting. If a change is unacceptable to you, you may stop using the Platform and/or terminate your Account before it takes effect; your continued use after the effective date constitutes acceptance. You are responsible for keeping a deliverable email address on file and reviewing these Terms periodically.
If you believe any content on the Platform (including live streams, recordings, videos, clips, comments, profiles, Channels, or other User Content) violates these Terms of Use, the Community Guidelines, or applicable law, you may submit a complaint or request for removal through the methods described in this section.
You may submit a complaint or request if you believe the content:
Use the Reporting System as detailed above. You may also submit reports by:
Politix, Inc.
255 Giralda Ave, Floor 5
Coral Gables, FL, 33134
Email: Hello@Povi.tv
Incomplete or vague submissions may delay or prevent review.
Upon receiving a valid complaint or removal request, Povi will review the information and supporting materials in good faith. We may request additional details from you or third parties. Decisions are made at our sole discretion and within any applicable legal timeframes. If we determine the content violates these Terms, the Community Guidelines, or law, we will remove, restrict, or take other appropriate action promptly.
If we take enforcement action against your content or Account, you (as the affected User or Creator) may appeal where and as described in the Community Guidelines, including, where applicable, review by Povi’s politically balanced review panel within the timelines stated there. The Community Guidelines specify which enforcement actions are eligible for appeal and the applicable procedures; account suspensions and terminations may be appealed by submitting a request to Hello@Povi.tv with additional evidence or explanation. Appeals are reviewed in good faith, and decisions following completion of the applicable appeal process are final. Enforcement actions not designated as appealable in the Community Guidelines are final.
Povi reserves the right to refuse or deny appeal requests that are abusive, frivolous, lack merit, or do not meet submission requirements. This appeals process applies only to Users or Creators whose own content or Account is directly affected by a moderation decision; Users who submit reports about others’ content do not have a right to appeal decisions not to act on their reports.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Platform is provided by Politix Inc. d/b/a Povi, 255 Giralda Ave, Floor 5, Coral Gables, FL 33134, Hello@Povi.tv. Basic use of the Platform is free; charges for optional paid features are disclosed at the point of purchase and described in these Terms. To resolve a complaint regarding the Platform or to receive further information, contact us at the address above. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Where Povi requires that you provide an email address, you are responsible for providing Povi with your most current and accurate email address. In the event that the last email address you provided to Povi is not valid, or for any reason is not capable of delivering notices required or permitted by these Terms of Use, Povi’s dispatch of the email containing such notice will nonetheless constitute effective notice to you. All other feedback, comments, requests for technical support, and other communications relating to the Website or these Terms should be directed to:
Politix Inc. d/b/a Povi
255 Giralda Ave, Floor 5
Coral Gables, FL, 33134
Email: Hello@Povi.tv
Such notice shall be deemed given when received by Povi if delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address. Electronic notices sent to Hello@Povi.tv (or any other email address Povi may designate) will also be considered valid notice if acknowledged by Povi in writing.