END USER LICENSE AGREEMENT (EULA)
Welcome to Twitch Integrated Throwing System (T.I.T.S),
This is an End User License Agreement (hereinafter referred to as “EULA” or “Agreement”). This shall govern
the relationship between Remasuri3, a German entity, bearing registration number - DE349750392, and having
its principal office in Fürth, Germany (hereinafter referred to as the “Company” or “T.I.T.S.” or “we/our/us”)
and you (“End User” or “Streamer”), when you use our desktop application, namely, ‘Twitch Integrated
Throwing System (T.I.T.S.)’ as bought from this link (hereinafter collectively referred to as the “App” or
“Platform”).
ABOUT: Twitch Integrated Throwing System is a streaming overlay application that allows your viewers to
throw virtual items at you (i.e. streamer). T.I.T.S. is a program in the shape of a desktop application that allows
your chat to bully you as much as possible in a fun way. It can be used with or without VTube Studio to let people
throw items at your face. This program is an OBS Overlay. You can integrate T.I.T.S with Twitch and/or YouTube
to enjoy all of its features. (hereinafter referred to as the “Service”)
This electronic record is generated by a computer system and does not require any physical or digital signatures.
Additionally, how we collect, use, store, share, and transmit your data is governed by our Privacy Policy
statement. Please read this Agreement carefully, as these, along with our Privacy Policy statement forms the
entire agreement between you and us. If you do not accept this Agreement in its entirety, then you cannot use our
App.
1. Acceptance of this License Agreement
By purchasing our App from this link, or by downloading or installing or accessing or using our App in
any way or by clicking on a button or taking similar action to signify your affirmative acceptance of this
Agreement, you hereby represent that:
i. You have read, understood, and agreed to be bound by this Agreement and any future updates
and additions to this Agreement, as published from time to time on the App.
i. You are of sound mind, competent to contract, and are at least of the age of majority as per
the laws of the jurisdiction in which you reside, in order to form a binding contract with us. In
case you are not of the age of majority as per the laws of the State that you reside in, then you
must have the permission of your lawful guardian to use and access the services on the App. In
case you are under the age of 13, you are not allowed to use our App. Additionally, if you are
in the EEA, you must be over the age required by the laws of your country to purchase or use
our App, or we need to have obtained verifiable consent from your parent or legal guardian.
ii. We must not have previously disabled your access for violation of law or any of our policies.
iii. You have read, understood and consented to our Privacy Policy, which applies in addition to
this EULA.
2. YouTube and Twitch
a) Integration: To access most parts of our App, and to avail our services, you might be required
to connect our App with your Twitch and/or YouTube account. Please note, in such cases, in
addition to our EULA and policies, the legal policies of Twitch and/or YouTube (as the case
may be) will also be applicable to you.
b) Security and Responsibility: All your data is stored locally on your computer by our App, and
even though our App stores such data in an encrypted form, you are solely responsible for
maintaining the security and confidentiality of all such data, and are fully responsible for all
activities that occur under your Twitch and/or YouTube account, including, without limitation,
all actions by your subscribers or viewers. We cannot and will not be liable for any loss, damage,
or other liability arising from your action or inaction on your Twitch and/or YouTube account.
3. License
Subject to the terms of this EULA and your purchase of our App, T.I.T.S. grants you a revocable, limited,
non-exclusive, and non-transferable license to:
a) download, install, and use the App for your personal, non-commercial use on a single computer
device owned or otherwise controlled by you ("Device") strictly in accordance with the terms
mentioned herein, and;
b) access and use on such Device all the features, content, and services made available in or
otherwise accessible through the App, strictly in accordance with this Agreement and the
applicable law.
4. License Restrictions
We require that End User shall not: (a) copy the App (or its characters or other features), except as
expressly permitted by this license; (b) modify, translate, adapt or otherwise create derivative works or
improvements, whether or not patentable, of the App; (c) reverse engineer, disassemble, decompile,
decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
(d) remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or
proprietary rights notices from the App, including any copy thereof; (e) rent, lease, lend, sell, sublicense,
assign, distribute, publish, transfer or otherwise make available the App or any features or functionality
of the App, to any third party for any reason, including by making the App available on a network where
it is capable of being accessed by more than one device at any time; (f) remove, disable, circumvent or
otherwise create or implement any workaround to any copy protection, rights management or security
features in or protecting the App; and (g) use the App for any illegal purposes, and/or in violation of any
of the policies of T.I.T.S.
5. Payments
You agree to pay for the App before you start using it (if you haven’t already). The App can currently be
purchased on itch.io using this link, and when you make any payments, the legal policies of itch.io or its
payment gateway service provider shall be applicable to you. We reserve the right to modify the prices
of our App or discontinue our App at any time at our sole discretion, without any prior notice, and without
being liable to compensate you in any manner whatsoever.
6. Writing a Review or Comment on itch.io
You may be able to rate your experience of our App, or otherwise start a discussion, or reply to questions
and queries on our App page on itch.io. In all such cases, you shall provide your honest and true feedback
and opinion. You agree not to post anything that is deemed to be abusive, derogatory, political, immoral,
unlawful, inappropriate, and objectionable. You must post your feedback as per the applicable terms of
itch.io. Stern action will be taken if you are found posting a paid, derogatory, and/or fake review.
7. Ownership Rights
You acknowledge and agree that the App is provided under license, and not sold to you. You do not
acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to
use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions,
under this Agreement and subject to your payment. The Company reserves and shall retain its entire
right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual
property rights therein or relating thereto, except as expressly granted to you in this Agreement. No use
of a trademark, trade dress, trade name, character, or design appearing on this App may be made without
the prior written permission of T.I.T.S.
8. Data Collection
You acknowledge that when you download, install or use the App, certain data will be collected by the
App. We do not collect any personal information, and all the information so collected is stored locally
on your own computer/device. We do not store any information on our servers, and we do not share or
sell any of your information. For more information, please review our Privacy Policy.
9. App Updates
From time to time, we may bring new updates to our App, mostly in order to enhance your experience
and/or to improve the safety and security of our users, or for any other reason as we deem fit at our sole
discretion. You agree to update the App as and when such updates are ready and available.
10. Links to Third-party Sites
The App might contain links to third-party websites, products, and services. Such third-party links are
not under the control of T.I.T.S, and we do not verify these, and T.I.T.S. is not responsible for any such
third-party links. T.I.T.S. provides access to these third-party links only as a convenience to you and does
not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party
links. You shall use all third-party links at your own risk, and should apply a suitable level of caution
and discretion in doing so. Whenever you click on such links, you are taken to a third-party website, and
you get out of the jurisdiction of our App. Therefore, you shall be governed by the terms of use, privacy
policy, and other policies of such third-party websites and we suggest that you read those policies. In
case of any damage due to such action of third-party links, T.I.T.S. shall not be responsible.
11. Term and Termination
The term of the Agreement commences when you download the App and will continue in effect until
terminated by you or the T.I.T.S. as set forth in this Agreement. You may terminate this Agreement by
deleting the App and all copies thereof from your Device. We may terminate this Agreement at any time
without notice if we decide to discontinue our App for any reason at our sole discretion. In addition, this
Agreement will cease immediately and automatically without any notice if you violate any of the terms
and conditions of this Agreement. Upon termination:
i. all rights granted to you under this Agreement will also terminate; and
ii. you must cease all use of the App and delete all copies of the App from your Device.
12. Disclaimer
a) The App, and all its services are provided on an “as-is” and “as available” basis, and T.I.T.S.
(and our licensors and affiliates) expressly disclaim any and all warranties and conditions of
any kind, whether express, implied, or statutory, including all warranties or conditions of
merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-
infringement. We (and our licensors and affiliates) make no warranty that the App, integration
or service will meet your requirements or likeness, will solve a particular purpose, will be
available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable,
free of viruses or other harmful code, complete, legal, or safe.
b) T.I.T.S. does not warrant that the App: (i) will perform error-free, deficient-free, or
uninterrupted, or that T.I.T.S. will correct all or any errors, deficiencies, or defects, in any or all
events; and (ii) will meet your requirements, specifications or expectations.
c) Services may be subject to limitations, delays, and other problems inherent in the use of such
communications facilities. Consequently, we are not responsible for (i) any delays, delivery
failures, or other damages as a result; (ii) issues related to the performance, operation, or security
of the Services.
13. Limitation of Liability
To the maximum extent permitted by applicable law, we DISCLAIM ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FINANCIAL GAIN OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT about our services or characters or App. In no event shall T.I.T.S., or its owner(s), be
liable to you or any third party for any lost profits, lost data, financial loss, costs of procurement of
substitute services, technical issues, non-compatibility, errors, bugs or any indirect, consequential,
exemplary, incidental, special or punitive damages arising from or relating to this EULA or our services,
even if T.I.T.S. has been advised of the possibility of such damages. Access to, and use of, the App and
availing our services is at your own discretion and risk, and you will be solely responsible for any losses
or damages resulting therefrom. Moreover, you are fully responsible for all activities that occur under
your Twitch and/or YouTube account, including, without limitation, all actions by your account,
subscribers or viewers. We cannot and will not be liable for any loss, damage or other liability arising
from your action or inaction on your Twitch and/or YouTube account.
14. Legal Action
If you are found to be degrading, tarnishing, or maligning the image, goodwill, or reputation of T.I.T.S.
by spreading hate, insulting, false, fake reviews, or engaging in mala fide actions against the above,
strong legal actions will be taken immediately.
15. Indemnity
You acknowledge to defend, indemnify and hold T.I.T.S, its affiliates, subsidiaries, directors, officers,
employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”)
harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable
legal counsel’s fees, made by a third party, relating to, or arising from:
a) Your violation of any third-party right;
b) Your wrongful or improper use of the services, or our App;
c) Your violation of any applicable laws, rules, or regulations;
d) Your violation of this Agreement or any other policy of T.I.T.S. as associated with our
services;
e) The indemnifications set forth above will survive the termination or expiration of this
Agreement and/or your use of our services.
16. Governing Law and Dispute Resolution
i. Governing Law: The EULA and any dispute arising out of or relating to the same will be
governed by the laws of the Federal Republic of Germany.
ii. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing
which, such controversy, conflict, or dispute shall be finally settled by bringing it before the
appropriate courts situated in Fürth, Germany.
17. Export Regulation
The App may be subject to certain export control laws. You shall not, directly or indirectly, export, re-
export, or release the App to, or make the App accessible from, any jurisdiction or country to which
export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable
laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary
export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise
making the App available.
18. Notices
When you use the App, you are communicating with us electronically. You consent to receive
electronically any communications related to your use of this App. T.I.T.S. will communicate with you by
posting notices on the App. You agree that all agreements, notices, disclosures, and other
communications that are provided to you electronically satisfy any legal requirement that such
communications be in writing. If you want to give notice to us, you can do so by dropping an electronic
mail to remasuri360@gmail.com.
19. Miscellaneous
i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your
own expense to ensure you understand the provisions of this Agreement.
ii. Headings: The section headings are for convenience only and shall not control or affect the
meaning or construction of any provision of this Agreement.
iii. Severability: If any provision of these EULA is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such provision to the
greatest extent possible under applicable law and the remaining provisions of these EULA will
continue in full force and effect.
iv. Waiver: Our failure to insist on or enforce strict performance of these EULA shall not be
construed as a waiver by us of any provision or any right that we have to enforce these EULA
and nor shall any course of conduct between T.I.T.S and you or any other party be deemed to
modify any provision of these EULA.
v. Survival: Notwithstanding any other provisions of these EULA, or any general legal principles
to the contrary, any provision of these EULA that imposes or contemplates continuing
obligations on either party shall survive the expiration or termination of these EULA, for any
reason whatsoever.
vi. No Third-Party Beneficiaries: Except as otherwise expressly provided in these EULA, there
shall be no third-party beneficiaries to these EULA.
vii. No Assignment: You may not assign this EULA (or any rights, benefits, or obligations
hereunder) by operation of law or otherwise without the prior written consent of T.I.T.S., which
may be withheld at T.I.T.S.’s sole discretion. Any attempted assignment that does not comply
with this Agreement, shall be null and void.
viii. Updates to this Agreement We may add to or change or update this EULA at any time, from
time to time, entirely at our own discretion, with or without any prior written notice. You are
responsible for checking this Agreement periodically. Your use of the App after any
amendments to the EULA shall constitute your acceptance of such amendments.
20. Grievance Officer/Designated Representative
In the event you have any grievance regarding anything related to this EULA or our Privacy Policy, or
with any content or service of T.I.T.S., in that case you may freely write your concerns to the Grievance
Officer/Designated Officer appointed below:
● Name: Remasuri3
● Title: CEO
● Email: remasuri360@gmail.com
21. Feedback and Information
We welcome your questions or comments regarding these Terms. You can write to us via email:
remasuri360@gmail.com.
Last updated on September 27, 2022
