V1.0 - Effective Date : 01/04/2015
These general Terms of Service shall apply to all licencing of the Streamdata .io cloud service as defined hereafter (hereinafter reffered to as the « Services »), granted by the Mobile Service Company with its professional customers (hereinafter reffered to as the « Customer » or « You »). All our licence of the Services are governed exclusively by these Terms of Service which exclude all other conditions or any other document not having been expressly approved by Mobile Service. The fact for the Customer of placing an order of the Services implies the Customer’s full and unreserved adherence to these Terms of Service. By registering on the website www.streamdata.io (hereafter the « Website ») and selecting the “I accept” button to which these Terms of services are attached, You are acknowledging that your use of streamdata.io services is governed by these Terms of service . You understand and agree that Streamdata.io will treat your use of the service as acceptance of the terms of service. If you do not agree to these Terms of Service, do not click “I accept” or use any of Streamdata.io services.
You recognize and accept that You may not use streamdata.io services if you are a personn barred from receiving those services under the laws of your residence or from which you use the Services.
Streamdata means the Mobile Service company, located at 35 Chemin du Vieux Chêne, 38440 MEYLAN, France registered under the laws of France under the number 502 377 039 RCS Grenoble.
Services means the Streamdata.io cloud based service marketed by Streamdata, known commercialy as Streamdata.io, which provide a scalable reverse proxy from a polling API into a stream/push API.
You means you as a Customer of the Services, being understood that you use the Services in your capacity as an individual, or the legal entity you represent
Application means a software application developed and maintained by You, to be used with the Services pursuant to these Terms of Service.
Content means any information belonging to You and to which You are accessing through the Services
2.1. Subject to your compliance of these Terms of Service and your payment of applicable fees, Streamdata grants You a non-exclusive, non-transferrable, non-sublicenseable, revocable limited licence to use the Services for the duration of your subscription of the Services in order to permit You to use the services offered by Streamdata via the Website..
2.2. Streamdata reserves the right to collect, analyse and monitor the Content and all data derived from the use of the Service solely to use and develop the Services. Streamdata will keep these data private and will not share its with any third parties (other than subcontractors of Streamdata or consultants who are under contractual obligation to maintain the confidentiality of such information), except as a global information to multiples clients.
3. Your account and obligations
3.1. You must complete the provided form on the Website, providing accurate and complete registration information any time you register the use the Service. In order to use the Services, and after full payment, Streamdata will transmit You your own password to use the Services. You are sole responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Streamdata immediatly. Streamdata will not be liable for any loss or damage arising from unauthorized use of any accounts, usernames or passwords. In case of loss of your passwords, You undertake to inform immediatly Streamdata which shall transmi You new passwords.
3.2. If You represent a legal entity, You declare to be the authorized signatory of this entity and duly authorized to use the credit or charge card provided to Streamdata to pay the fees.
3.3. Your use of the Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software, including notably regulations from the Committee on information Technology and Freedom (known as CNIL in France).
3.4. You agree not to develop or engage in activity that interferes with or disrupts the Service.
3.5. You undertake not to create multiple accounts in order to simulate or act as a Single Application or otherwise access the Service in a manner intended to have incurring fees
4.1. By concluding the present contract, You don’t acquire any property right regarding the Services. This licence does not transfer any intellectual property rights to You; the Services including softwares, shall remain Streamdata exclusive and full property.
4.2. You formally undertake not to reproduce the Services either permanently or temporarily, partially or totally, by any means and in any form whatsoever, including when downloading, displaying, using, transmitting or storing the Services. You undertake not to develop neither market any service competing with the Services.
4.3. Streamdata expressly reserves the exclusive right to manipulate the Services in order to permit the use of the Services in compliance with its purpose, in particular to correct any errors.
4.4. The Application, its Content, Brand features and marks remain the exclusive property of the Customer. You retain all right, title and interest, including all related intellectual property rights, in and to the Application. You acknowledge and agree that Streamdata own all legal right, title, interest in and to the Service, including any intellectual property rights which subsist in the Services.
4.5. Streamdata retains all rights not expressly granted to you under this agreement. You do not have any implied rights.
4.6. You recognize and accept that Streamdata may automatically collect information about your use of the Service through cookies, web beacons, and other technologies : your domain name, your browser type and OS, web pages you view, links you click, IP address, usage information, referring URL. Streamdata will use this information only to improve the Service.
4.7. Streamdata could share all collected information with its affiliates, services providers, and any company in case of acquisition, merge or bankruptcy. Streamdata could share all collected information, in order to answer to this process.
5.1. Streamdata reserves the right to remove, disable and stop the right for the Customer to use the Service if the use of the Services by the Customer is found to be illegal, harmful, offensive, and/or creating liability for Streamdata or otherwise in violation of this agreement.
5.2. By using the Service for the Content, You give Streamdata a worldwide royalty-free and non exclusive license to reproduce, adapt, modify, publish and distribute such Content for the sole purpose of enabling Streamdata to provide the Service.
5.3. Streamdata cannot be held responsible of any Content, whatever it is, accessible by using the Services. You understand and agree that all information ( the Content) to which You may have access through the use of the Services are the sole responsibility of the personn from which such content originated.
5.4. You agree that You are solely responsible (and that Streamdata has no responsibility to you or to any third party for) of any consequences whatever they are, regarding the Application or any content You create, transmit or display while using the Services.
5.5. Streamdata cannot be held responsible for the deletion or failure to store any Content and other data maintained or transmitted through the use of the Services.
5.6. You authorize Streamdata to include Your name and logo on a list of customers of the Services.
5.7. You acknowledge and agree that Streamdata is not responsible for the availability of any Content.
6. Fees and payment
6.1. For the rights and license granted herein, You undertake to pay the amount due for each use of the Services as mentionned on the Streamdata website at the following address: www.streamdata.io/pricing. The price will be due as soon as You register to the Services and press the « accept button ». The price will be invoiced by Streamdata, at the end of each month, calculated according to the number of connections of the Customer to the Services, using its passwords delivered by Streamdatacriteria as defined in the pricing page on the Website.
All fees are stated, in Euros. Prices mentioned on the Website are excluded fees and charges. The fees and taxes will be billed to your credit card. You hereby authorize Streamdata to charge your credit card.
6.2. If fees payment is not performed on the specified date, all amounts owed become immediately payable without prior injunction. In addition, amounts owed shall be increased by late payment penalties at three times the currently prevailing legal interest rate. Further to French Decree, the Customer in a late payment situation shall also ipso jure owe Streamdata a fixed indemnity for collection costs; this currently amounts to EUR 40 (forty Euros). If the Customer’s solvency significantly deteriorates or if the latter’s company or business is sold, rented or all or part thereof is pledged, Streamdata shall be entitled either to demand payment in advance or additional guarantees, as it deems fit. If a mature invoice is not paid in full, and subsequently to serving notice to perform to no avail within 48 hours, Streamdata reserves the possibility of suspending all access to the Services.
6.3. The amount of fees and payment policies for the Services shall be modified with a ninety (90) days prior notice. Notice will be sent at the address e-mail You would have mentioned on the appropriate form when placing Your order of the licence of Services via Streamdata’s website.
6.4. You are responsible for, and will indemnify and hold Streamdata harmless from all payment of any taxes (other than taxes based on Streamdata’s net Income), fees, duties and other governmental charges, and any related penalties and interest, arising from the payment of fees to Streamdata under this agreeement. You agree to provide Streamdata with official receipts issued by the appropriate taxing authority, or such other evidence as Streamdata may reasonably request, to establish that such taxes have been paid.
6.5. Streamdata reserves the right to desactivate your access to the Service for failure to pay applicable fees. You agree to promptly pay any amount to Streamdata in the event of any refusal of your credit card issuer to pay any amount to Streamdata for any reason. You agree to pay all cost of collection, including attorney’s fees and costs, on any outstanding balance.
7. Acceptable use
7.1. You may not use the Services to engage in, to foster, or to promote the following behavior : – Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; – Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network; – Interference with service to any user of the Services, including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; – Use of an Internet account or computer without the owner’s authorization; – Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting); – Collecting or using information without the consent of the owner of the information; – Use of the Services to distribute software that covertly gathers information about a user or covertly transmits information about the user; – Use of the Services for distribution of advertisement delivery solution unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; or – Any conduct that is likely to result in retaliation against Streamdata, or the Streamdata’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
7.2. You undertake not attempt to probe, scan, penetrate or test the vulnerability of the Services or to breach Streamdata’s security and authentification measures, whether by passive or intrusive techniques, without Streamdata’s express written content.
7.3. The Content displayed and/or processed through your Application or other web site utilizing the Services shall be legally compliant and, notably shall not contain any of the following types of content: – Content that infringes a third party’s rights (e.g., copyright) according to applicable law; – Pornographic, obscene or excessively profane content; – Hate-related or violent content; – Content advocating racial or ethnic intolerance; – Content intended to advocate or advance computer hacking or cracking; – Gambling; – Other illegal activity, including without limitation illegal export of controlled substances or illegal software; – Drug paraphernalia; – Phishing; – Malicious content; – Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
7.4. If You are found to be in violation of our acceptable use at any time as determined by Streamdata in its sole discretion, we may warn you or suspend or terminate your account.
8. Term & termination
8.1. This agreement begins upon your registration for an indeterminate period. This agreement will automatically terminate if you fail to comply with its Terms of Service. Without limiting the foregoing, you acknowledge that Streamdata may discontinue all or part of the Services at any time.
8.2. You may terminate this agreeement at anytime for any reason.
8.3. In the event of termination, the licence granted to you hereunder will terminate.
9. NO WARRANTY
9.1. SERVICES ARE PROVIDED TO YOU AS IS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND STREAMDATA HEREBY DISCLAIMS AND EXCLUDES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OR THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND SATISFACTORY QUALITY.
9.2. Streamdata does not warrant that the Services will meet Your needs or requirements or be error-free or always available or available at any particular time or that any errors or defects will be corrected. Streamdata does not warrant or guarantee any amount of money that You will receive or earn in connection with an Application.
9.3. NONE OF THE SERVICES IS FAULT TOLERANT. THEY ARE NOT DESIGNED, MANUFACTURED, LICENSED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES, WEAPONS SYSTEMS OR ANY OTHER APPLICATION IN WHICH ITS FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR PHYSICAL OR ENVIRONMENTAL DAMAGE.
10. LIMITATION OF LIABILITY AND INDEMNITY
10.1 IN NO EVENT WILL STREAMDATA BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE.
10.2 STREAMDATA’S LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE FEES PAID BY YOU TO STREAMDATA UNDER THIS AGREEMENT.
10.3 You shall indemnify and hold harmless Streamdata and its officers, directors, employees and agents from and against liabilities, costs, losses, damages, judgments, expenses (including attorneys’ fees and costs of experts and costs of appeals) arising out of or in connection with any and all of the following, with this list being exhaustive : (a) any allegation that any of the Applications, Brand Features and Marks or Content infringe, misappropriate or violate any intellectual property right, (b) any violation of this Agreement, including, without limitation, any breach of any representations or warranties contained herein, (c) your provision or distribution of the Application or any Content, (d) your use of any of the Service, (e) any activity relating to your account, (f) any violation of a third party app store’s contracts, policies or procedures; or (e) any failure of You to have all necessary rights and licenses.
11. Confidentiality and feedback
11.1 You agree to keep confidential and not use other than in the performance of this agreement or disclose to a third party any information of Streamdata that You know or reasonably should know is confidential to Company.
11.2 To the extent You provide Streamdata with any suggestions, informations, ideas, or feedback concerning any of the Services, including but not limited to, a report of any errors which you discover while using an Application or the Service or any related documentation (“Feedback”). Any improvement, upgrade of the Services, developed by Streamdata following a complaint or notice of the Customer will be the sole property of Streamdata. You agree to assign, and hereby assign, all right, title and interest worldwide in the Feedback, and the related intellectual property rights, to Streamdata and agree to assist Streamdata in perfecting and enforcing these rights.
You may not transfer or assign Your rights under this agreement, in whole or in part, without the prior written consent of Streamdata. Any attempted assignment in violation of the foregoing is void. Streamdata may freely transfer or assign its rights under this agreement. Subject to the foregoing, this agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
13. Changes to the Terms
13.1. Streamdata may make changes to the Terms of Services from time to time. The Customer will be informed of any modification of the Terms of Services by the Streamdata newsletter sent to all customers.
13.2. You understand and agree that if you use the Service after the date on which the Terms have changed, Streamdata will treat your use as acceptance of the updated Terms of Services.
14. Law and Disputes – Power of Jurisdiction
14.1 The interpretation and validity of this Agreement shall be governed by French law. The Parties expressly agree that application of the United Nations Convention (the “Vienna Convention”) of April 11, 1980 relating to the international sale of goods is excluded from this Agreement.
14.2. If a dispute arises between the Parties relating to the present agreement interpretation or performance and prior to any referral to the competent Courts, the Parties will endeavour to reach an amicable solution in order to settle such dispute within thirty (30) calendar days as of notification of such dispute by a Party to the other Party; conciliation would be formalised in a written document signed by the Parties.
14.3. All disputes, claims or proceedings relating to the present agreement’s existence, validity or performance, or any one of the provisions hereof for which the Parties fail to reach an amicable settlement, shall be exclusively referred to the Commercial Court of GRENOBLE, France.