Terms of Service

These Terms form an agreement between you and Michael Butler, operating under the name Kaizen Controller ("Kaizen Controller," "we," "us," or "our"), concerning the Kaizen Foam Cannon Twitch Extension, web services, software, and connected turret service (the "Service"). By using the Service, you agree to these Terms and the Privacy Policy. Twitch's own terms and policies also apply.

Eligibility

You must be legally permitted to use Twitch and the Service where you live. If you cannot legally agree to these Terms, do not use the Service. Broadcasters must have authority to install and operate connected hardware at their location.

What the Service does

The Service lets participating Twitch viewers request or purchase eligible foam-dart actions and lets broadcasters configure, queue, pause, calibrate, and monitor compatible devices. Availability, shot count, timing, fulfillment, and features may vary by broadcaster, hardware, stream state, region, and Twitch capabilities.

Safety and broadcaster responsibilities

Connected foam-dart devices are physical machines. Broadcasters are solely responsible for installation, supervision, local legal compliance, safe placement, suitable backstops, clear firing areas, eye protection where appropriate, electrical and mechanical safety, and preventing access by children or unauthorized persons. Never aim at faces, eyes, animals, roadways, vehicles, fragile objects, or people who have not consented.

Broadcasters must keep emergency-stop and disable controls available, test with an unloaded device after changes, and stop operation when hardware, networking, sensing, or shot accounting is uncertain. The Service is not a safety-rated industrial control system and must not be used with weapons, projectiles other than compatible foam darts, hazardous machinery, or any application where failure could cause serious injury or property damage.

Viewer conduct

You may use controls only as presented by the participating broadcaster. You must not attempt to bypass inventory, payment, queue, channel, authentication, rate, or safety restrictions; control another broadcaster's device; automate abusive requests; reverse engineer credentials; interfere with the Service; or use it to harass, injure, threaten, or damage.

Bits and digital transactions

Eligible actions may use Twitch Bits or may be offered in a free test mode. Twitch processes Bits transactions under Twitch's terms. A transaction purchases the applicable digital Extension action, not ownership of hardware or a guarantee that a physical dart will hit a target. If a confirmed technical failure occurs, the Service may requeue the undelivered action when safe. Network-ambiguous outcomes may be quarantined instead of retried to prevent unintended duplicate firing.

Refunds, chargebacks, and Bits availability are governed by Twitch and applicable law. Nothing in these Terms limits non-waivable consumer rights.

Accounts, identity, and channel separation

Twitch authorization identifies the channel and role associated with a request. You may not misrepresent identity or channel ownership. Broadcasters are responsible for safeguarding device pairing credentials. We may suspend a device, account, transaction, or channel integration to address suspected compromise, unsafe operation, abuse, legal obligations, or service instability.

License

We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose while these Terms apply. We and our licensors retain all other rights in the Service, software, designs, branding, and documentation. Open-source components remain subject to their respective licenses.

Availability and changes

The Service may be modified, interrupted, limited, or discontinued. Twitch, internet access, third-party hosting, local software, and physical hardware are outside our complete control. We do not promise uninterrupted operation, a particular queue time, or successful physical delivery of every requested shot.

Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Some jurisdictions do not permit certain exclusions, so they may not apply to you.

Limitation of liability

To the maximum extent permitted by law, Kaizen Controller and Michael Butler will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost data, or business interruption arising from the Service. Our aggregate liability for claims concerning the Service will not exceed the greater of US $100 or the amount you paid directly through the Service during the six months before the event giving rise to the claim. These limits do not exclude liability that cannot legally be limited, including rights available under applicable consumer law.

Indemnity

To the extent permitted by law, broadcasters agree to defend and indemnify Kaizen Controller and Michael Butler against third-party claims arising from their hardware installation, physical operation, unsafe environment, violation of law, or breach of these Terms. This provision does not apply where prohibited by law.

Termination

You may stop using the Service at any time. We may restrict or terminate access for breach, risk, legal requirements, Twitch action, or discontinuation. Provisions that by nature should survive—including ownership, disclaimers, liability limits, and dispute terms—will survive.

Governing law

These Terms are governed by the laws of Washington State, United States, without regard to conflict-of-law rules, except that mandatory protections of your home jurisdiction continue to apply. Any dispute may be brought in a court with lawful jurisdiction in Washington, unless applicable consumer law permits or requires another forum.

Changes

We may update these Terms as the Service changes. The effective date will be updated, and additional notice will be provided when legally required. Continued use after an update takes effect constitutes acceptance where permitted by law.

Contact

Michael Butler, doing business as Kaizen Controller
Washington State, United States
kaizencontroller@gmail.com