Terms of use

1. PURPOSE

The purpose of these terms of use (the “Terms”) is to define the terms and conditions of use applicable to the user (the “User”, “you”, “your” or "Admin user") when using our web-based platform (the "Platform", "VancastVideo Platform" or "VancastVideo") usually but not limited to any subdomain of the https://vancastvideo.com principal domain (for example https://yourcompany.vancastvideo.com)

These terms are applicable to any User who has been given permission to use the VancastVideo Platform within the scope of an organization license

2. YOUR ACCEPTANCE

Welcome to the Vancast-Video Platform, a Streaming Video Platform created by Vancast Comunicación online, S.L, hereafter Vancast, which includes the Vancastvideo Console, the Vancastvideo Control Room, the Vancastvideo Fine-Tunning-Tool the Vancastvideo Dashboard, the VancastVideo Knowledge Base and the Vancastvideo Product Site including all its related Web sites, Blogs and applications collectively named the Vancast-Video Platform.

Your use of the Vancast-Video Platform is subject to the following terms and conditions (the ‘terms of service’ or ‘terms’) and to the terms and conditions of Vancast’s privacy notice, which are published at https://vancastvideo.com/privacy, which are incorporated herein by reference.

By using and/or visiting the Vancast-Video Platform, either through the vancastvideo.com site or through all partner sites via an Application Programming Interface, ‘API’, you signify your assent to these terms and conditions. if you do not agree to any of these terms, then please do not use nor subscribe to the Vancast-Video Platform.

These Terms of Use may change over time. You are responsible for being aware of the conditions at all times. Vancast will send you an email notification each time these Terms of Use are changed.

These Terms of Service apply to all users of the Vancast Video Platform, including users who are also contributors of any type of content, information, and other materials, skills or services, and users who access the Vancast-Video Services or via an API. The Vancast-Video Platform may contain links to third-party Web sites that are not owned or controlled by Vancast. Vancast has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Vancast will not, and cannot, censor or edit the content of any third-party site. By using the Vancast Video Platform, you expressly relieve Vancast from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Vancast-Video Platform and to read the terms and conditions and privacy policy of each other Website that you visit.

3. VANCASTVIDEO PLATFORM SERVICES AND LICENSES

3.1 Provider:

The Vancast-Video Platform is licensed, operated and offered by Vancast Comunicación online, SL, a Spanish limited liability company (Sociedad Limitada) registered in c/Reina Victoria 31, 08021 Barcelona, Spain, with the Barcelona trade and companies registry (Registro Mercantil de Barcelona) as tomo 37230, folio 126, hoja B303618, Inscripción 1, CIF: B-63720304, we operate in the European territory under EU VAT code ESB63720304

3.2 Free Services:

These include access to all the contents available on the Vancast Video product website (https://vancastvideo.com) and the public contents of the Vancast Video knowledge base (https://support://vancastvideo.com)

3.3 Paid Services:

Include all web services and any related support services that we make available to you for a yearly or monthly or pay-per-use fee. Our Paid Services include, but are not limited to:

- vancastvideo pay-as-you-go plan

- vancastvideo subscription plans

- vancastvideo subscription plans for Enterprises. (these plans are governed by a different set of Terms of Use which include specific SLAs)

3.4 Vancast-Video platform metrics

The Vancast-Video platform takes measures of your use of the Vancast-Video Platform through the following metrics:

- Streaming Engines time (Streaming servers time) The Vancast-Video platform uses dedicated virtual servers for each live broadcast. The user is in control to start and stop the servers at will. Inactive servers will automatically stop 30 minutes after the last activity. Streaming Servers' time is measured in minutes.

- Content distribution via CDN. The VancastVideo platform measures the volume of content distributed to end users through the CDN services that the platform incorporates (Cloud Front, Fastly and Akamai) The distribution of content via CDN is measured in GB transferred

- Data hosting on the platform. The Vancast-Video platform hosts your information so that it can be distributed in a manner controlled by you, at all times to large audiences. Storage is calculated once a day and is measured in GB

- Transcoding time. This metric only affects on-demand content for which video content is provided that was not generated from a live event. In that case, the content must be transcoded. Transcoding time is measured in video minutes per quality transcoded.

Vancast reserves the right to create new services that can be computed with new metrics that will be incorporated into these conditions at the time.

4. VANCAST-VIDEO PLATFORM ACCESS

A. Vancast hereby grants you permission to use the Vancast-Video Platform, as set forth in this Terms of Service, provided that:

(i) your use of the Vancast-Video Platform as permitted is solely for your personal or company needs. You can also use the Vancast-Video Platform for provisioning services to your customers. In these cases we strongly recommend you use a different Vancast-Video Platform Workspace per client in order to ensure privacy amongst your clients;

(ii) you will not copy or distribute any part of the https://vancastvideo.com website in any medium without Vancast’s prior written authorization;

(iii) you have paid the corresponding applicable fees to use the required services and resources for the current period of time and

(v) you will otherwise comply with all the terms and conditions of these Terms of Use.

B. In order to access any of the features of the Vancast-Video Services, you will have to create an account. You can give your coworkers or collaborators permission to use your account as full administrator or at the Workspace or Event level. All new users you grant permissions to within the scope of your account must agree and comply with these Terms of use as well.

When creating your account, you become the first and only Account Administrator. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

You must notify Vancast immediately of any breach of security or unauthorized use of your account. (Please contact security@vancast.net to report any problems). Vancast will not be liable for your losses caused by any unauthorized use of your account.

C. You agree not to use or launch any automated system, including without limitation, ‘robots,’ ‘spiders,’ ‘offline readers,’ etc., that accesses the Vancast-Video Services in a manner that sends more request messages to the Vancast servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Vancast grants the operators of public search engines permission to use spiders to copy materials from the Vancast Corporate site (vancastvideo.com) for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vancast reserves the right to revoke these exceptions either generally or in specific cases.

D. The Vancast-Video Platform is provided AS IS at all times. For its development, we use continuous development technologies and methodologies and include strict quality controls at all levels. However, Vancast does not guarantee the absence of errors in the code, which once notified, will endeavour to resolve with the utmost diligence. Nor does Vancast guarantee that the features offered by the VancastVideo platform are those that the customer expects or that other competing or similar products may offer.

5. VANCAST-VIDEO PLATFORM FEATURES

The Vancast-Video Platform include, but is not limited to, the following set of features:

- Create and manage new Account Administrators.

- Create and manage new Workspaces.

- Create and manage Workspace Administrator users with different Permission for their roles within the projects managed within the platform

- Create and manage event pages, using the tools provided by the Vancast-Video Platform

- Create and manage video streaming live events using the set of tools provided by the platform which includes, but is not limited to, the Control-Room app, the Registration gate page builder and other tools

- Create and manage video streaming on-demand events using the set of tools provided by the platform which includes, but is not limited to the Video Assets management tool, the Fine-Tuning tool and other tools

- View Analytics pages to measure the end user event' engagement and other analytic data related to the platform metrics

- View Account control pages to provide transactional usage consumptions that are associated with Pay As You Go plans and other account consumptions data

- Integrated CDN (Content Delivery Network) services, provided by Fastly or Akamai, are seamlessly integrated with the Vancast-Video Platform

- Integrations with third-party platforms, allow the Vancast-Video Platform to provide exclusive combined functionality. Third-party software licenses may not be included in the Vancast-Video Platform plans.

Vancast reserves the right to add new Features or cancel existing ones at its sole discretion.

6. DISCLAIMER OF WARRANTIES – LIABILITY

6.1 Risks

You expressly acknowledge and agree that your use of the Vancast-Video Platform is at your sole risk. The Features, summarised above, and the access to the Vancast-Video platform is provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, any warranty of fitness for your purposes, needs, changes in your business or its particularities. You acknowledge and expressly agree that we have no control over, and no duty to take any action regarding which users gain access to or use the Features; what effects the contents you manage within the Vancast-Video Platform may have on your business.

We do not warrant that access to the Vancast-Video Platform and the Features will be continuous or uninterrupted. You acknowledge and expressly accept that the Platform (a) may contain bugs, errors and defects, (b) may function improperly or be subject to periods of downtime and unavailability, (c) may be modified at any time, including through the release of subsequent versions, all with or without notice to the User.

Vancast will strive to provide a consistent level of service availability and performance, but will not be liable for failure or delay in performing obligations due to circumstances beyond its control. Those include but are not limited to acts of war, sabotage, fire, flood, strike, unavailability or delay of third-party services, including but not limited to CDN and Cloud-Based Services the Vancast-Video Services relies on. The Company will not be held liable for any errors, damage, or other unexpected events resulting from the use of the Vancast-Video Platform.

6.2 Limited Liability

You acknowledge and expressly agree that you assume full responsibility for your use of the Vancast-Video Platform.

The Vancast-Video Platform includes multiple features to secure your content against unauthorized access, nevertheless, you acknowledge and expressly agree that using those features is optional for you. Ultimately, you acknowledge that screen recording technologies may be used by authorized users to create copies of your content. You agree that in any case Vancast will not be held liable for information intercepted, or acquired by unauthorized parties.

You acknowledge that some of the Vancast-Video Platform features rely on third-party software and infrastructure as a service. You expressly agree that Vancast can not be responsible for any of these third-party services and therefore shall not be liable for any misfunctioning of the Vancast Video Platform due to failures, downtime or any other situation affecting these third-party services.

You agree not to:

(a) use the Features for any purpose other than for your own business or your client's business

(b) use or attempt to use the Vancast-Video Platform to distribute content that contains offensive, abusive or unlawful manner or purpose.

(d) copy, modify, merge, sell, redistribute, assign, transfer the software or the source code of the Vancast-Video Platform or any part thereof, as well as reverse engineer, decompile, disassemble, translate, decrypt or otherwise attempt to discover the source code used for the Vancast-Video Platform Software

(e) infringe or attempt to infringe any patent, trademark, trade secret, or copyright held by Vancast

(f) introduce or attempt to introduce viruses, Trojan horses or other malicious or technologically harmful hardware or software.

You expressly agree that Vancast will be never held liable for your breaching the aforementioned points.

Finally, you understand and agree that neither Vancast nor its suppliers or licensors shall be liable to you for any direct, indirect damages of any kind, including but not limited to, damages for loss of property, profits, goodwill, use, data or other tangible or any other damages based on contract, tort, or otherwise (even if Vancast has been advised of the possibility of such damages), resulting from: the Vancast-Video Platform; the use or the inability to use the Vancast-Video Platform; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Vancast-Video Platform; any actions we take or fail to take as a result of communications you send to us; human errors; technical malfunctions; failures; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the Features); any injury or damage to computer equipment; inability to fully access the Vancast-Video platform, the Features or any other website; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Vancast-Video Platform.

6.3 Indemnification

You expressly agree to indemnify and hold Vancast and third-party service providers, and each of their officers, directors, agents, joint venture entities, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (a) your breach of any of these Terms; (b) your use of the Vancast-Video Platform; and (c) your violation of any law or regulation of any jurisdiction, or the rights of any third party.

7. INTELLECTUAL PROPERTY RIGHTS

A. The content on the Vancast-Video Services, except all User Submitted Media (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (‘Content’) and the trademarks, service marks and logos contained therein (‘Marks’), are owned by or licensed to Vancast, and is subject to copyright and other intellectual property rights under Spanish, United States and foreign laws and international conventions.

B. Content on the Website (https://vancastvideo.com) is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Vancast reserves all rights not expressly granted in and to the Website and the Content.

C. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submitted Media of third parties obtained through the Website for any commercial purposes.

D. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Vancast-Video Platform or features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Vancast-Video Platform or the Content therein.

8. TERMS AND TERMINATION

8.1 Term

The Vancast-Video Platform plans may have a minimum time commitment of one month. After this initial period expires the term will be automatically renewed either on a month-to-month basis or on a year-by-year basis, depending on your original purchase, thereafter until it is terminated.

Pay As You Go plans grant you access to the Vancast-Video platform permanently and for free, as long as you keep your credit balance positive. If your account has a negative balance of more than 50€ (Vancast will never shut down a live event even though your account is out of credits) for more than 6 months, you will be warned by Vancast to settle the negative balance of the account. In case the customer does not settle within a month of the warning, the account will be suspended and any content hosted on the platform will be permanently deleted.

8.2 Termination by you:

Any time after the initial committed period you can cancel your account. Nevertheless, Vancast will not make refunds for portions of the committed period. Likewise, the service will be available to you until the end of the committed period. You acknowledge that after cancelling your account, Vancast will definitely destroy any information related to the account hosted on the platform's servers.

8.3. Termination by Vancast:

You agree that Vancast, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any VancastVideo account you may have and remove and discard all or any part of your account, User profiles, and any Produced Content, at any time. Vancast may also in its sole discretion and at any time discontinue providing access to the Vancast-Video Platform, or any part thereof (including without limitation all User Submitted Contents), with or without notice. You agree that any termination or suspension of your access to the Vancast-Video Platform or any account you may have may be effected without prior notice, and you agree that Vancast will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Vancast may have at law or in equity. As discussed herein, Vancast does not permit copyright infringing activities on the Vancast-Video Platform, and shall be permitted to terminate access to the Vancast-Video Platform, and remove any User Submitted Contents by users who are found to be repeat infringers. Should Vancast terminate this Agreement for convenience prior to the completion of any particular subscription period, your sole remedy is a pro-rata refund of the purchase price paid for the unavailable service.

9. GENERAL PROVISIONS

9.1 Third-Party Links

The Vancast-Video Platform and the Vancast-Video Web Site may provide links to other websites, applications or resources. You acknowledge and expressly agree that Vancast is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

9.2 Entire Agreement

Except otherwise provided herein, these Terms (as amended from time to time) and any document expressly referred to hereof constitute the entire agreement between the parties and supersedes any prior agreement, promise, assurance, warranty, representation, understanding, undertaking or arrangement between the parties relating to the subject matter of these Terms, whether written or oral.

You confirm that, in agreeing to accept these Terms, you have not relied on any representation or information that is not expressly included herein.

9.3 Severability

These Terms shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of the rest of the Terms or of any other term or provision hereof. Furthermore, such invalid or unenforceable terms or provisions shall be changed and interpreted to accomplish the objectives of the initial provision to the greatest extent possible under any applicable laws.

9.4 Waiver

The delay of enforcement or the non-enforcement of any of the provisions of these Terms by any party shall not be construed as a waiver of any of the other rights of that party under these Terms.

9.5 Notices and Communications

By using the Vancast-Video Platform, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of the Vancast-Video Platform: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.

Notices to us should be sent electronically to: vancast@vancast.net

9.6 Section Titles

The section titles and articles in the Terms of Use are for convenience only and have no legal or contractual effect.

9.7. Governing Law and Submission to Jurisdiction

These Terms and the rights and obligations of the parties hereunder or however connected with their execution shall be governed by and construed and interpreted in accordance with the Laws of Spain.

For any disputes that may arise between the User and Vancast relating to the formation, interpretation and execution of these Terms, the parties shall endeavour to reach an amicable settlement.

In the absence of an amicable settlement, any disputes arising out of or in relation to the Terms shall be submitted to the jurisdiction of the Court of Barcelona (Spain).

By using the Vancast Video Platform and Vancast Video Web Site, you commit to using the service in accordance with these principles. On its side, Vancast comunicación online, SL undertakes to provide a reliable service and comprehensive communication.

These Terms of Use were last updated on November 10, 2022