This agreement is a binding agreement between Telestream ("Telestream") and you and, if applicable, the company or other legal entity you represent. By using any of Telestream Cloud’s (“we” or “us”, and includes Telestream, LLC) services, or accessing any of our websites, you are agreeing to be bound by the following terms of service. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to this agreement, in which case "You" shall mean such entity.
We may modify this agreement at any time by posting a revised version of the agreement on the pages accessible at cloud.telestream.net The revised terms shall be effective immediately.
"Downtime" means the percentage of time in a calendar month that the Telestream Cloud Administration Interface and Telestream encoding services are unavailable for access, as measured by Telestream.
"Service Extension" means an extension of your paid-for Telestream Cloud account, at your service level as at the time of the outage.
100% uptime is our goal. Should uptime for any calendar month fall below 99.9%, we will issue you a Service Extension as follows:
No Service Extension will be awarded in the following circumstances:
To receive a Service Extension you must contact us within 10 days of becoming eligible to receive it. You must provide details of the extension requested and supporting documentation, such as log files showing the non-availability of the service.
This SLA is your sole and exclusive remedy for any failure by Us to provide the Service.
You agree not to use the services for any illegal, harmful, fraudulent or offensive use.
By submitting videos through the Telestream Cloud API, you hereby grant Telestream and its affiliates, successors and assigns a worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license (with a right to create derivative works to the extent necessary to perform Telestream Cloud's transcoding operations) to use, copy, transmit or otherwise distribute in or through any medium, whether now known or hereafter created, for the purpose of providing the Services. You grant Telestream the right to retain your videos for the purpose of quality assurance and technical improvement.
You may terminate this Agreement at any time by closing your Telestream Cloud account. For free accounts, we may terminate this Agreement for convenience at any time. For paid accounts, we may terminate this Agreement on 60 days' notice given by email to the address of your Telestream Cloud account. We may terminate this Agreement immediately upon our notice to you for any breach of this Agreement. The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.
The services are provided on an "as is" and "as available" basis, and you use them at your sole risk. Telestream expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. in no event will Telestream be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the services (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the services to operate with any other services), even if Telestream has been advised of the possibility of such damages. No advice or information obtained by you from Telestream shall create any representation or warranty not expressly provided for in these terms of service.
You expressly understand and agree that Telestream shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Telestream has been advised of the possibility of such damages), resulting from:
In no event shall Telestream's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for the services.
You are responsible for maintaining the confidentiality of your Telestream Cloud account, and you are responsible for all activity which occurs as part of your Telestream Cloud account. You agree to indemnify, defend and hold harmless Telestream its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the services, your violation of this agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify Telestream of any unauthorized use of your account or any other breach of security known to you.
This Agreement is governed by and interpreted in accordance with the laws of United States. Any disputes arising under or in connection with this Agreement shall be subject to the jurisdiction of the US Courts.