These Terms of Service ("Terms") are a binding agreement between you and Overlay Deck ("Overlay Deck," "we," "us," or "our"). They govern your access to and use of the overlaydeck.com website, the Overlay Deck desktop helper application, the Chrome extension, the overlay widgets, and related services (collectively, the "Service"). By downloading, installing, accessing, or using the Service, or by clicking "I agree," you accept these Terms. If you do not agree, do not use the Service.
1. Eligibility & acceptance
You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of a business, you represent that you are authorized to bind that business, and "you" includes that business. If you do not agree to these Terms, you have no right to use the Service.
2. The Service
Overlay Deck is software that reads publicly visible live data from your own Whatnot stream session and renders local overlay pages you can display in OBS (for example, a buyers leaderboard, viewer count, card comps, and other widgets). The Service runs on your computer; live stream and buyer data is processed locally and is not transmitted to us (see our Privacy Policy).
3. License grant & restrictions
Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service for your own streaming, on the number of machines permitted by your plan (by default, one machine per license key).
You agree not to, and not to permit others to:
- copy, modify, translate, or create derivative works of the Service except as expressly allowed;
- reverse engineer, decompile, or disassemble the Service, except to the extent that restriction is prohibited by law;
- rent, lease, lend, sell, redistribute, sublicense, or share your license key or the Service;
- circumvent or disable license validation, usage limits, entitlement checks, or security features;
- use the Service to violate any law or the terms of any third-party platform (including Whatnot);
- use the Service to infringe intellectual property or privacy rights, or to harass, defame, or harm others.
4. Accounts & license keys
Your license key is your credential to activate and run the Service. You are responsible for keeping it confidential and for all activity under it. We may validate licenses periodically and may suspend or revoke a key that is shared, abused, used on more machines than permitted, or obtained fraudulently. We are not liable for losses arising from your failure to safeguard your key.
5. Purchases, billing & taxes
Payments are processed by Stripe; by purchasing, you also agree to Stripe's terms. Prices are shown at checkout and may change prospectively. You authorize us (via Stripe) to charge your selected payment method for the purchase and, for subscriptions, on a recurring basis until cancelled.
Subscriptions & auto-renewal
Subscription plans automatically renew at the end of each billing period at the then-current price unless you cancel before the renewal date. You can cancel anytime through the account/billing portal; cancellation takes effect at the end of the current paid period. You are responsible for all taxes associated with your purchase except taxes on our net income.
6. Refunds
All sales are final and non-refundable, except where a refund is required by applicable law. Where mandatory consumer-protection or statutory withdrawal rights apply to you (for example, certain EU/UK consumers), those rights are honored to the extent legally required. Cancelling a subscription stops future charges but does not refund amounts already paid.
7. Third-party platforms & services
The Service interoperates with third-party products and services — including Whatnot, OBS Studio, Stripe, Anthropic, and PokémonPriceTracker — that we do not control. Your use of those services is governed by their own terms and policies. Some features require you to supply your own third-party API keys and accounts; you are solely responsible for those accounts, their costs, and compliance with their terms.
8. Independence & your responsibility for platform compliance
Overlay Deck is an independent tool and is not affiliated with, endorsed by, sponsored by, or partnered with Whatnot or any other platform. "Whatnot" and other marks are the property of their respective owners.
You are solely responsible for ensuring that your use of the Service complies with the terms of service, policies, and applicable laws of any platform you use it with, including Whatnot. We make no representation that the Service is authorized by, or compatible with, any third-party platform, and we do not encourage you to violate any third party's terms. You assume all risk arising from your use of the Service with any third-party platform, including any suspension, ban, or other action taken against your account by that platform.
9. Intellectual property
The Service, including all software, widgets, designs, text, and branding, is owned by us or our licensors and is protected by intellectual property laws. Except for the license expressly granted, we reserve all rights. You retain ownership of content you create; you grant us a limited license to process it only as needed to provide the Service.
10. Acceptable use & suspension
You agree not to misuse the Service, interfere with its operation, attempt unauthorized access, or use it for unlawful purposes. We may, at our discretion and without liability, suspend, limit, or terminate your access for any violation of these Terms, suspected fraud or abuse, non-payment, or to comply with law.
11. Disclaimer of warranties
The Service is provided "as is" and "as available," with all faults and without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.
We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or that it will continue to function if Whatnot or another platform changes, that data (including viewer counts, sales, leaderboards, or card prices) will be accurate or complete, or that defects will be corrected. You use the Service at your own risk.
12. Limitation of liability
To the fullest extent permitted by law, in no event will Overlay Deck or its owner, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business, or for any platform suspension or ban, arising out of or relating to the Service, whether based in contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.
Our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the total amount you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) fifty U.S. dollars ($50).
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you; in that case our liability is limited to the maximum extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Overlay Deck and its owner, contractors, and licensors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms or any law; (c) your violation of any third-party rights or any third-party platform's terms (including Whatnot's); or (d) content or data you process through the Service.
14. Governing law & dispute resolution
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules, and, where applicable, by the U.S. Federal Arbitration Act.
Binding arbitration
Except for claims that qualify for small-claims court or seek injunctive relief for intellectual-property misuse, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, administered under the rules of a recognized arbitration provider, seated in Delaware (or conducted remotely). Judgment on the award may be entered in any court of competent jurisdiction.
Class-action & jury waiver
You and Overlay Deck agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You and Overlay Deck waive any right to a jury trial.
If the arbitration agreement is found unenforceable, the exclusive venue for disputes will be the state and federal courts located in Delaware, and you consent to personal jurisdiction there.
15. Changes to the Service & these Terms
We may modify, suspend, or discontinue all or part of the Service at any time. We may also update these Terms; we will update the "Last updated" date and, for material changes, provide reasonable notice. Your continued use after changes take effect constitutes acceptance of the revised Terms.
16. Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service and supersede prior agreements. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely. Nothing in these Terms creates a partnership, agency, or employment relationship. Provisions that by their nature should survive termination (including Sections 9, 11–14) survive.
17. Contact
Questions about these Terms? Email support@overlaydeck.com.