Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and HotMic, Inc. (“HotMic,” “we,” “us,” or “our”) and govern your access to and use of the HotMic mobile application and the consumer HotMic service (together, the “Service”). By creating an account or otherwise using the Service, you agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines, each of which is incorporated into these Terms by reference. If you do not agree, you may not use the Service.

You must be at least 13 years old to use HotMic. If you are a minor in your jurisdiction, you may only use the Service with the involvement of a parent or legal guardian, to the extent required by law. By using the Service, you represent that you meet these requirements and have the legal capacity to enter into these Terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate account information and to keep it up to date. HotMic may suspend or terminate your account as described in Section 08 below.

HotMic lets you post video, audio, chat messages, comments, questions, and other content (“User Content”). You retain ownership of your User Content. By posting User Content, you grant HotMic a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, distribute, display, and perform that content solely to operate, provide, and improve the Service. You are solely responsible for your User Content and for having the rights necessary to post it.

HotMic has zero tolerance for objectionable content and abusive users. Objectionable content includes, without limitation, content that is defamatory, obscene, pornographic, hateful, discriminatory, harassing, threatening, exploitative of minors, or that promotes violence, self-harm, or illegal activity, as further described in our Community Guidelines. Abusive users include anyone who harasses, threatens, impersonates, stalks, or otherwise mistreats another person on the Service.

Any account found to have posted objectionable content or engaged in abusive behavior is subject to content removal, warnings, feature restrictions, suspension, or permanent termination, at HotMic's sole discretion and without prior notice. HotMic will report unlawful content — including content involving the sexual exploitation of minors — to law enforcement or other relevant authorities.

If you encounter content or behavior on HotMic that violates these Terms or our Community Guidelines, you can report it directly within the app by opening the content, profile, or room in question and selecting “Report.” Reports are confidential from the reported user and are reviewed by HotMic's trust & safety team. You can also report a concern by emailing trust@hotmic.io. HotMic removes content that violates these Terms and takes appropriate action against the responsible account.

You can block another user at any time directly within the app, from their profile or from within a room. Blocking a user immediately (a) removes that user's content — including their profile, posts, comments, and live participation — from your feed and rooms, (b) prevents that user from contacting you, joining rooms you host, or viewing your content, and (c) notifies HotMic's trust & safety team of the block so the blocked user's conduct can be reviewed for further action, including possible removal from the Service. Blocking does not replace reporting — if a user's conduct violates these Terms, please report it as described in Section 06 in addition to blocking them.

HotMic may review, remove, or restrict access to any User Content, and may suspend or terminate any account, at any time and in our sole discretion, if we believe the content or account violates these Terms, our Community Guidelines, or applicable law, or otherwise creates risk or liability for HotMic, our users, or third parties. See our Community Guidelines for more detail on how enforcement works.

In addition to the Community Guidelines, you agree not to: violate any applicable law; infringe any intellectual property or other right of a third party; harass, threaten, stalk, or exploit any person, including minors; impersonate any person or entity; upload malware or interfere with the operation or security of the Service; scrape, reverse-engineer, or circumvent any access or security control of the Service; or use the Service for spam, coordinated inauthentic behavior, or unauthorized commercial purposes.

The Service, including its software, design, and trademarks, and all content provided by HotMic (excluding User Content), is owned by HotMic or its licensors and is protected by intellectual property laws. Except for the rights expressly granted in these Terms, we reserve all rights in the Service.

HotMic is made available on iOS through the Apple App Store. Your download and use of the app is also subject to Apple's Licensed Application End User License Agreement and the Apple Media Services Terms and Conditions. Apple has no obligation to furnish any maintenance or support for the app, and Apple is not responsible for any product warranties, claims, or third-party intellectual property claims relating to the app. In-app purchases are processed through Apple's In-App Purchase system, as described in our Privacy Policy.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOTMIC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF OBJECTIONABLE CONTENT POSTED BY OTHER USERS, THOUGH WE ENFORCE THE ZERO-TOLERANCE POLICY DESCRIBED IN SECTION 05.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOTMIC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE OR ANY USER CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You may stop using the Service and delete your account at any time, as described in our Privacy Policy. HotMic may suspend or terminate your access to the Service at any time, with or without notice, including for violation of these Terms, our Community Guidelines, or applicable law.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in Delaware, and you consent to the exclusive jurisdiction of those courts.

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by other appropriate means. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.