1. Scope and Applicability

These Terms of Use (“Terms”) govern access to and use of the VancastVideo platform and related services (the “Platform”) provided by Vancast Comunicación on-line S.L. (“Vancast”, “VancastVideo”, “we”, “us” or “our”).

 

These Terms apply to organizations and individuals who access or use the Platform under a pay-as-you-go (PAYG) plan or a standard subscription plan, and to all users acting under such accounts.

 

These Terms do not apply to customers who have entered into a separate written agreement with VancastVideo, including but not limited to enterprise agreements, custom contracts, or agreements that include eCDN services or bespoke commercial or technical conditions. In such cases, the applicable written agreement shall prevail.

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By creating an account, purchasing a plan, or otherwise using the Platform as an Account Owner, you confirm that:

• You are acting on behalf of an organization, and

• You have the authority to bind that organization to these Terms.

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All other users (including administrators, collaborators, and end users) access the Platform under the responsibility of the organization represented by the Account Owner and are subject only to the provisions of these Terms applicable to their role and use of the Platform.

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2. Definitions

For the purposes of these Terms, the following definitions apply:

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Account

The organizational account created on the Platform that enables access to the Services, including one or more Workspaces and associated Users.

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Account Owner

The natural person who creates the Account on behalf of an organization and accepts these Terms in the name and on behalf of that organization.

The Account Owner is the primary contractual representative of the organization and is responsible for:

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• Managing the Account,

• Assigning roles and permissions,

• Ensuring compliance with these Terms by all Users associated with the Account.

 

Administrator / Admin

A User granted administrative or management permissions by the Account Owner or another authorized Administrator.

Administrators may manage content, events, users, and configurations within a Workspace, subject to the permissions assigned to them and under the responsibility of the Account Owner.

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Workspace

A segregated environment within an Account used to organize events, content, Users, and configurations.

An Account may contain one or more Workspaces, each with its own settings, Users, and access controls.​

 

End User

Any individual who accesses or interacts with content or events delivered through the Platform (such as viewing a live or on-demand stream, participating in Q&A, or accessing event pages), but who does not administer the Platform or manage Accounts or Workspaces.

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End Users do not enter into a contractual relationship with VancastVideo and are subject only to the provisions of these Terms applicable to their use of the Platform.

 

Organization

The legal entity (company, association, or other organization) on whose behalf an Account is created and which is contractually bound by these Terms through the Account Owner.

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Services

The video communication, event management, streaming, hosting, and related services made available through the Platform, as described on the VancastVideo website and documentation, and as may evolve over time.

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PAYG Plan

A pay-as-you-go commercial model under which fees are calculated based on actual usage of the Services, as described on the VancastVideo pricing pages or agreed during the purchase process.

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Subscription Plan

A recurring commercial plan providing access to the Services in exchange for periodic fees, as described on the VancastVideo pricing pages or agreed during the purchase process.

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Content

Any data, video, audio, text, graphics, files, or other materials uploaded, transmitted, or made available through the Platform by Users.

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Platform

The VancastVideo software, infrastructure, APIs, interfaces, and associated systems used to provide the Services.

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3. Acceptance of the Terms

 

By creating an Account, purchasing a plan, prepaying usage credits, or otherwise accessing or using the Platform as an Account Owner, you expressly accept these Terms on behalf of the Organization you represent.

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You represent and warrant that you have the authority to bind such Organization to these Terms and that all use of the Platform under the Account is authorized by the Organization.

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Acceptance of these Terms is a condition for access to and use of the Services. If you do not agree to these Terms, you must not create an Account or use the Platform.

 

Administrators and other authorized users access the Platform under the authority and responsibility of the Account Owner and the Organization and are bound by the provisions of these Terms applicable to their role and activities.

 

End Users accept these Terms solely with respect to the provisions governing permitted use, conduct, and interaction with the Platform. End Users do not enter into a commercial or contractual relationship with VancastVideo.

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VancastVideo may update these Terms from time to time. Updated versions will be published on the VancastVideo website and will apply from the date indicated. Continued use of the Platform after such updates constitutes acceptance of the revised Terms.

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4. Account Roles & Responsibilities

4.1 Account Owner Responsibilities

The Account Owner acts as the contractual representative of the Organization and is fully responsible for the use of the Platform under the Account.

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Without limitation, the Account Owner is responsible for:​

• Ensuring that all Users access the Platform in compliance with these Terms;

• Managing User access, roles, and permissions;

• All activity conducted through the Account and associated Workspaces;

• The accuracy of account, billing, and contact information;

• Compliance with applicable laws and regulations related to the use of the Services and the Content made available through the Platform.​

 

Where the Account Owner is an agency acting on behalf of its clients, the agency remains fully responsible to VancastVideo for all obligations under these Terms, regardless of any separate agreements between the agency and its clients.

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4.2 Administrators and Collaborators

Administrators are Users authorized by the Account Owner to manage certain aspects of the Platform, including content, events, Workspaces, and Users.

 

Administrators:

• Act under the authority of the Account Owner;

• Must comply with these Terms and any instructions provided by the Account Owner;

• May invite additional Users or End Users where permitted by the assigned permissions.

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The Account Owner remains responsible for all actions performed by Administrators and other authorized collaborators.

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4.3 End Users

End Users may access live or on-demand content, participate in interactive features (such as Q&A or polls), or otherwise interact with events hosted on the Platform.

 

End Users:

• Do not acquire ownership rights in the Platform or Services;

• Are responsible for complying with applicable use and conduct rules;

• Must not misuse the Platform or interfere with its operation.

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The Organization represented by the Account Owner is solely responsible for the Content made available to End Users through the Platform.​

 

4.4 Security of Access Credentials

The Account Owner and Administrators are responsible for maintaining the confidentiality of login credentials and for all activities that occur under their credentials.​
 

The Account Owner must promptly notify VancastVideo of any unauthorized access or suspected security breach affecting the Account.

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4.5 Use on Behalf of Third Parties

Where an Account is used by an agency or service provider to deliver events or communications on behalf of third parties, the Account Owner:

• Warrants that it has the necessary rights and authorizations to act on behalf of such third parties;

• Remains solely responsible for compliance with these Terms;

• Ensures that any third-party Content or instructions comply with applicable laws and these Terms.

 

VancastVideo has no contractual relationship with such third parties unless expressly agreed in writing.

 

5. Services, Plans & Billing

5.1 Services

VancastVideo provides a cloud-based video communication and event management platform that enables Organizations to create, manage, and deliver live and on-demand video content and related interactive features.

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The Services made available to a Customer depend on the plan selected, the configuration of the Account and Workspaces, and the actual usage of the Platform.
 

VancastVideo may modify, enhance, or update the Services from time to time as part of the normal evolution of the Platform.

No service level agreement (SLA) applies to PAYG plans or standard subscription plans, unless expressly agreed in writing.

 

VancastVideo will use commercially reasonable efforts to make the Platform available, subject to maintenance periods, technical limitations, third-party dependencies, and circumstances beyond its reasonable control.

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For clarity, enterprise agreements, custom contracts, and services including eCDN are outside the scope of these Terms

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5.2 Plans and Scope

These Terms apply exclusively to:

• Pay-as-you-go (PAYG) plans, and

• Standard subscription plans.

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Services provided under enterprise agreements, custom contracts, or agreements including eCDN services are expressly excluded from the scope of these Terms and are governed by separate written agreements.

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5.3 Pay-As-You-Go (PAYG) Billing Models

VancastVideo offers one or more PAYG billing modalities. The applicable modality is agreed with the Customer during the onboarding or purchasing process.

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a) Prepaid Usage Credits

Under the prepaid model:

• The Customer purchases usage credits in advance.

• Credits are consumed based on actual usage of the Services.

• The Platform may restrict the execution of live events if the remaining credit balance falls below a minimum threshold communicated to the Customer.

• Usage credits are non-refundable, unless otherwise required by applicable law or expressly agreed in writing.

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b) Postpaid Monthly Invoicing

Under the postpaid model:

• Usage is tracked during a calendar month.

• An invoice is issued at the beginning of the following month for usage incurred during the previous month.

• Payment terms are specified on the invoice or during the purchasing process.

 

Failure to pay issued invoices may result in suspension or limitation of access to the Services.

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5.4 Subscription Plans

Under subscription plans:

• The Customer pays recurring fees for access to the Services during the subscription term.

• Fees, billing frequency, and included usage (if any) are specified during the purchase process or on the applicable pricing pages.

• Additional usage beyond included limits may be billed separately.

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Subscription fees are non-refundable, except where required by applicable law.

 

5.5 Usage Measurement

Usage is measured based on metrics defined by VancastVideo and communicated through the Platform, documentation, or pricing pages.

VancastVideo reserves the right to modify usage measurement methods to reflect changes in technology, infrastructure, or service delivery, provided such changes do not materially alter the commercial intent of the applicable plan.

 

5.6 Payment Processing

Payments and invoicing may be processed through third-party payment service providers.

Customers may be required to agree to the terms and conditions of such providers as a condition for payment processing.

VancastVideo is not responsible for the performance or availability of third-party payment services.

 

5.7 Suspension for Non-Payment

VancastVideo reserves the right to suspend or limit access to the Services in the event of:

• Insufficient prepaid usage credits;

• Overdue or unpaid invoices;

• Repeated payment failures.
   

Where reasonably possible, VancastVideo will provide prior notice before suspension.

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6. Permitted Use & End-User Conduct

6.1 Permitted Use

The Platform may be used solely for lawful purposes and in accordance with these Terms.

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The Account Owner is responsible for ensuring that all use of the Platform under the Account, including use by Administrators, collaborators, and End Users, complies with these Terms and with all applicable laws and regulations.

 

The Services are intended to support private, professional, and organizational video communications and events. Use of the Platform for consumer-grade, public, or mass-distribution purposes unrelated to the Organization’s legitimate activities is not permitted unless expressly authorized by VancastVideo.

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6.2 Prohibited Conduct

Users must not, and must not permit others to:

• Use the Platform in violation of any applicable law or regulation;

• Upload, transmit, or make available any Content that is unlawful, infringing, defamatory, obscene, harmful, or otherwise objectionable;

• Infringe intellectual property rights, privacy rights, or other rights of third parties;

• Disrupt, interfere with, or attempt to gain unauthorized access to the Platform, systems, or networks;

• Circumvent or attempt to circumvent security, access controls, usage limits, or technical restrictions;

• Introduce malware, viruses, or any other harmful code;

• Use the Platform to impersonate any person or entity or to misrepresent affiliation;

• Use automated means to access the Platform except where expressly permitted via documented APIs.

 

6.3 End-User Conduct

End Users may access and interact with events and content made available through the Platform only for their intended purpose.

 

End Users must:

• Use the Platform in a respectful and lawful manner;

• Refrain from abusive, disruptive, or harmful behavior, including in interactive features such as chat or Q&A;

• Comply with any event-specific rules or instructions communicated by the Account Owner or Administrators.

 

End Users do not acquire any ownership or usage rights in the Platform beyond what is necessary to access the relevant content or event.

 

6.4 Responsibility for Content

All Content made available through the Platform is the sole responsibility of the Organization represented by the Account Owner.

VancastVideo does not review, control, or endorse Content uploaded or transmitted by Users and has no obligation to monitor Content.

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The Account Owner warrants that it has all necessary rights, licenses, and authorizations to use, display, and distribute the Content through the Platform, including where the Account Owner is an agency acting on behalf of its clients.

 

6.5 Enforcement

VancastVideo reserves the right to take reasonable measures, including suspension or restriction of access to the Platform, where it determines that:

• These Terms have been violated;

• The Platform is being used in a manner that poses a risk to security, stability, or lawful operation;

• Required by applicable law or a competent authority.

 

Where reasonably practicable, VancastVideo will provide notice to the Account Owner before taking such measures.

 

 

7. Content, Intellectual Property & Data

7.1 Ownership of Content

All Content uploaded, transmitted, or made available through the Platform remains the property of the Organization represented by the Account Owner or its licensors.

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Nothing in these Terms transfers ownership of Content to VancastVideo.

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Where the Account Owner is an agency acting on behalf of its clients, the Account Owner represents and warrants that it has the necessary rights and authorizations to use such Content and to make it available through the Platform.

 

7.2 License to Operate the Platform

The Account Owner grants VancastVideo a limited, non-exclusive, worldwide license to host, process, transmit, and display Content solely for the purpose of providing and operating the Services.

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This license is limited to the duration of the applicable Account or as otherwise required to comply with legal obligations.

VancastVideo does not use Content for marketing, promotional, or commercial purposes unrelated to the provision of the Services without the prior written consent of the Account Owner.

 

7.3 Platform Intellectual Property

The Platform, including its software, architecture, interfaces, workflows, trademarks, logos, documentation, and underlying technology, is the exclusive property of VancastVideo or its licensors.

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Except for the limited right to access and use the Platform in accordance with these Terms, no rights are granted to Users to copy, modify, distribute, reverse engineer, or otherwise exploit any part of the Platform.

 

7.4 Data Protection and Personal Data

VancastVideo processes personal data in accordance with applicable data protection laws and its Privacy Policy, which forms an integral part of these Terms.

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The Account Owner remains responsible for ensuring that:

• It has a lawful basis to process and share personal data through the Platform;

• Any required notices have been provided to End Users;

• Any required consents have been obtained.

 

Where applicable, VancastVideo acts as a data processor on behalf of the Account Owner, who acts as data controller, as further described in the Privacy Policy or a separate data processing agreement.

 

7.5 Usage Data and Analytics

VancastVideo may collect and process technical, usage, and performance data relating to the operation of the Platform, including aggregated and anonymized analytics.

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Such data may be used to:

• Operate, maintain, and improve the Services;

• Monitor performance, security, and stability;

• Generate usage reports made available to the Account Owner.

 

VancastVideo does not use such data to identify individual End Users, except where necessary to provide the Services or comply with legal obligations.

 

7.6 Data Retention and Deletion

Upon termination or expiration of an Account, VancastVideo will handle Content and personal data in accordance with its Privacy Policy and applicable law.

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VancastVideo may retain certain data where required for legal, regulatory, accounting, or legitimate business purposes, even after Account termination.

 

 

8. Platform Availability, Maintenance & Third-Party Services

8.1 Platform Availability

VancastVideo designs and operates the Platform to support high availability and continuity of service. Updates and improvements are typically deployed without service interruption.

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However, the Platform is provided on an “as available” basis, and uninterrupted or error-free operation is not guaranteed. No service level agreement (SLA) applies to PAYG or standard subscription plans unless expressly agreed in writing.

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VancastVideo will use commercially reasonable efforts to make the Platform available, subject to the limitations set out in these Terms.

 

8.2 Maintenance and Updates

VancastVideo may perform maintenance, updates, or upgrades to the Platform from time to time, including for security, performance, or functional improvements.

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Where reasonably practicable, maintenance activities that may affect availability will be scheduled to minimize disruption and may be communicated in advance through the Platform or other reasonable means.

 

VancastVideo reserves the right to perform emergency maintenance without prior notice where required to protect the security, integrity, or stability of the Platform.

 

8.3 Third-Party Services and Dependencies

The Platform relies on third-party infrastructure and services, including cloud hosting, content delivery, and payment processing services.

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VancastVideo is not responsible for interruptions, delays, or failures caused by third-party services or factors outside its reasonable control, including network outages, internet connectivity issues, or force majeure events.

 

8.4 Changes to the Platform

VancastVideo may modify, enhance, or discontinue features of the Platform as part of its normal product evolution, provided that such changes do not materially reduce the core functionality of the Services purchased by the Customer.

 

 

9. Term, Suspension & Termination

9.1 Term

These Terms enter into force upon acceptance in accordance with Section 3 and remain in effect for as long as the Account remains active or until terminated in accordance with these Terms.

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For PAYG plans, the term continues until the Account is terminated by either party.

For subscription plans, the term continues for the duration of the applicable subscription period and any renewals, unless terminated earlier in accordance with these Terms.

 

9.2 Suspension of Services

VancastVideo may suspend or limit access to the Platform, in whole or in part, in any of the following circumstances:

• Insufficient prepaid usage credits or failure to maintain required minimum credit balances, including where usage records indicate insufficient credit balance;

• Overdue or unpaid invoices under postpaid PAYG or subscription plans;

• Repeated payment failures;

• Suspected or actual violation of these Terms;

• Use of the Platform in a manner that poses a risk to security, stability, or lawful operation;

• Where required by law or by a competent authority.

 

Where reasonably practicable, VancastVideo will provide prior notice to the Account Owner before suspending access. In urgent or high-risk situations, suspension may occur without prior notice.

 

Suspension of access does not relieve the Account Owner of its payment obligations.

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9.3 Termination by the Account Owner

The Account Owner may terminate the Account at any time by providing notice through the Platform or by contacting VancastVideo support.

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Termination does not entitle the Account Owner to any refund of prepaid credits, subscription fees, or other amounts paid, except where required by applicable law or expressly agreed in writing.

 

9.4 Termination by VancastVideo

VancastVideo may terminate an Account, with reasonable notice, if:

• The Account Owner materially breaches these Terms and fails to remedy such breach within a reasonable period after notice;

• The Account remains suspended for an extended period due to non-payment;

• The Platform is used for unlawful purposes or in a manner that exposes VancastVideo to legal or regulatory risk.

 

VancastVideo may terminate an Account immediately, without prior notice, where continued access would pose an immediate risk to the Platform, other users, or third parties, or where required by law.

 

9.5 Effect of Termination

Upon termination of an Account:

• Access to the Platform and Services will be discontinued;

• All outstanding fees and charges become immediately due and payable;

• Content and data will be handled in accordance with Section 7 and the Privacy Policy.

 

Termination of the Account does not affect rights or obligations that by their nature are intended to survive termination, including payment obligations, intellectual property provisions, limitations of liability, and governing law.

 

9.6 Reactivation

At VancastVideo’s discretion, Accounts suspended or terminated for non-payment may be reactivated upon settlement of outstanding amounts and, where applicable, replenishment of usage credits.

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10. Warranties, Disclaimers & Limitation of Liability

10.1 Warranties

Each party represents and warrants that it has the legal authority to enter into and perform its obligations under these Terms.

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The Account Owner represents and warrants that:

• It has the authority to bind the Organization to these Terms;

• All Content made available through the Platform complies with applicable laws and does not infringe the rights of third parties;

• Where acting as an agency on behalf of clients, it has all necessary rights and authorizations to do so.

 

10.2 Disclaimer of Warranties

Except as expressly stated in these Terms, the Platform and Services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by applicable law, VancastVideo disclaims all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

VancastVideo does not warrant that:

• The Platform will be uninterrupted, error-free, or free of defects;

• The Services will meet the specific requirements or expectations of the Account Owner or End Users;

• Content transmitted through the Platform will be secure from unauthorized access caused by factors outside VancastVideo’s reasonable control.

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10.3 Limitation of Liability

To the maximum extent permitted by applicable law, and except where liability cannot be excluded or limited by law:

• VancastVideo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, or data, even if advised of the possibility of such damages.

• VancastVideo shall not be liable for:

  • Content made available by Users or End Users;

  • Acts or omissions of Administrators, collaborators, or End Users;

  • Failures caused by third-party services or infrastructure;

  • Events or circumstances beyond its reasonable control.

 

10.4 Liability Cap

To the extent permitted by applicable law, VancastVideo’s total aggregate liability arising out of or in connection with these Terms shall not exceed the total amount actually paid by the Account Owner to VancastVideo under the applicable Account during the twelve (12) months immediately preceding the event giving rise to the claim.

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For PAYG plans with prepaid usage credits, the liability cap shall be limited to the value of unused prepaid credits at the time the claim arises.

 

10.5 Exceptions

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence;

• Fraud or fraudulent misrepresentation;

• Any liability that cannot be excluded or limited under applicable law.

 

11. Governing Law & Jurisdiction

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These Terms shall be governed by and construed in accordance with the laws of Spain.

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Any dispute, controversy, or claim arising out of or in connection with these Terms, the Platform, or the Services shall be submitted to the exclusive jurisdiction of the courts of Barcelona, Spain, unless mandatory applicable law provides otherwise.

 

Prior to initiating any formal legal proceedings, the parties agree to make a good-faith effort to resolve the dispute amicably.

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12. Miscellaneous

12.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court or authority, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

 

12.2 Entire Agreement

These Terms constitute the entire agreement between the Account Owner and VancastVideo with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to such subject matter.

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No representations, statements, or agreements not expressly set out in these Terms shall be binding on VancastVideo.

 

12.3 Assignment

The Account Owner may not assign or transfer these Terms, in whole or in part, without the prior written consent of VancastVideo.

VancastVideo may assign or transfer these Terms, in whole or in part, including as part of a merger, acquisition, corporate reorganization, or sale of assets, upon notice to the Account Owner.

 

12.4 Notices

Any notices under these Terms shall be made in writing and may be delivered by email or through the Platform interface, unless otherwise required by applicable law.

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Notices shall be deemed received:

• When sent by email, on the date of transmission, unless the sender receives an error notice;

• When delivered through the Platform, on the date such notice is made available.