Cloud Terms and Conditions

GENERAL INFORMATION

The purpose of the Quickstream Service , referred to here below as the Service, is to manage, monitor, orchestrate, receive, send, transcode, transmux, and process audio/video streams with all additional data.


VOCABULARY

1. Account – Account is the set of resources within the Services, operated by User
   
   
2. Agreement – an arrangement concluded between Quickstream and User as a result of T&Cs and terms of the License acceptance, based on provided Purchase Order the object of which is to provide the Service;
   
   
3. Business Days – days from Monday to Friday [9-17 Central European Time],
   
   
4. Confidential Information – all information that are marked as confidential;
   
   
5. Help desk channel – the channel dedicated for the purpose of contact with Quickstream in the events indicated herein available at https://docs.cloud.quickstream.tech;
   
   
6. License – the license agreement conducted between the User and Quickstream in order to use the Service;
   
   
7. Login – User's e-mail or other unique way of identifying the user;
   
   
8. Password – unique string of characters selected by the User, that authorizes access and prevent an unauthorized access to the Account;
   
   
9. Payment – a payment for the use of the Service;
   
   
10. Purchase Order – the order provided by the user to the Quickstream setting out the ordered Service;Service/Services – all the services that Quickstream provides to you in particular Quickstream Service;
    
    
11. Quickstream – tvhive sp. z o.o. with its registered seat in Krakow, ul. Kalwaryjska 69, 30-504 Kraków, NIP: 6793185462, registered in the National Court Register by the District Court in Krakow under number 0000789337, email: hello@quickstream.tech;
    
    
12. Quickstream Service – service available on the Website or through the dedicated application used for the purpose of managing, monitoring, orchestrating, receiving, sending, transcoding, transmuxing, and processing audio/video streams with all additional data
    
    
13. Terms and Conditions or T&Cs – these Terms and Conditions that regulate the use of the Service by User. You can download the T&Cs here https://quickstream.tech/cloud-terms;
    
    
14. User – an entrepreneur that has an access to the Account for the purpose of usingService;
    
    
15. Website – web page located at: https://quickstream.tech
    
    
16. Web browser – an application that allows User to connect and browse through the Internet (e.g.: Mozilla Firefox, Chrome, etc.);
    
    
    

ORDERING THE SERVICES

1. In order to start using the Service the User needs to send us a Purchase Order to Quickstream with all necessary details such as the name of the company, the service plan chosen and the requested start date. The Purchase Order form needs to be executed by a properly authorized person.
   
   
2. Upon receiving a properly executed Purchase Order Quickstream will confirm its acceptance to the User. From this moment these T&Cs, along with any other legal documentation related to your Services, in particular the License, constitute a binding Agreement between User and Quickstream.
   
   
3. Quickstream will start to provide Services from the date indicated in the Purchase Order for the period agreed herein subject to full payment of the fees as agreed in the Purchase Order.
   
   

TECHNICAL REQUIREMENTS

1. In order to get access to the Service User needs to have a device connected to the internet and a supported Web Browser that enables cookies. Quickstream reserves its right to select the supported Web Browser. It is recommended that the User has the latest and updated version of its operating system and the latest versions of Web Browsers. In order to secure the proper functioning of the Service, Quickstream recommends regularly updating the Web Browsers and operating systems.
   
   
2. The Services are provided "as is" and are covered by Quickstream regular support and helpdesk services. Any feedback may be reported by the Helpdesk channel.
   
   
3. Quickstream does not provide support for the use of any external services.
   
   

REGISTRATION AND LOGGING IN

1. The Service is available under https://cloud.quickstream.tech
   
   
2. In order to start using the Service the User is obliged to accept the T&Cs, along with other supporting documentation in particular License.
   
   
3. The Services are available for User after the Registration and/or logging to the Account.
   
   
4. To Register to the Account, the User has to access https://cloud.quickstream.tech/register
   
   
5. To Login to the Account the User has to enter the Login, business email address and Password.
   
   
6. The password used for the purpose of registration and logging to the Account may be changed at any time by the User. For that purpose the User needs to contact Helpdesk channel.
   
   

RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The User may:
   
   

administer the Account;

use the Services in accordance with T&Cs;

submit complaints;

terminate the Agreement

1. The User is obliged to:
   
   
   1. use only materials, personal data and/or digital content that will not infringe or violate the rights of third parties,
      
      
   2. use the Service in accordance with binding provisions of laws and these T&Cs, preventing other Users from accessing his own Account;
      
      
   3. use the Website in a manner that will not interfere and/or violate the functioning of the Services;
      
      
   4. keep his/hers Password confidential, which also includes not making personal User's Account available to other Users.
      
      
      
2. Quickstream undertakes to perform all the actions in accordance with provisions of applicable laws and T&Cs. Quickstream shall take all necessary actions in order to ensure the continuous and uninterrupted operation of the Service.
   
   
   
3. The Quickstream has the right to:
   
   

1. inform Users about the new functionalities of the Services;
   
   
2. send important notifications related to the Services to the Users;
   
   
3. obtain Users opinion and level of satisfaction regarding the use of the Services;
   
   
4. research on how Users use the Services, in particular by collecting anonymous information that allows functional and technical improvements,
   
   
5. change the properties and functionalities of the Services,
   
   
6. discontinue the Service at its sole discretion as long as the Service is provided free of charge. In case of planned discontinuation of the Service, the Quickstream will inform all Users with 60 Business Days prior notice.
   
   

1. For technical reasons, in particular related to maintenance or modifications Quickstream may temporarily suspend all or part of the Service. All Users will be notified about this situation with a minimum of 24-hour's notice.
   
   
2. Users acknowledge that it is forbidden to use the Service in order to conduct terrorist activities, sabotage, or other criminal activity or to violate the law, in contract, or in tort.
   
   

The performance by the User of any activities set out in section 4 may affect an immediate termination of the Agreement by Quickstream



PAYMENT

1. The fees for Services rendered by Quickstream will be agreed by choosing the plan on subscription by the User, or in the Purchase Order.
   
   
2. Users shall be responsible for the timely payment of all fees specified on the invoices sent by Quickstream.
   
   
3. By using our Services, you acknowledge and agree that our fees are based on Services purchased rather than actual usage; that our fees cannot be cancelled once charged and all fees paid are non-refundable; and that all payments for subscription Services must be paid in full, in advance, and in accordance with the terms of subscription or in the terms indicated in the Purchase Order. You further acknowledge and agree that during the term of any subscription, the subscription fee cannot be reduced, by, for example, reducing the amount of Service usage.
   
   

LIABILITY

1. The Users are fully liable for their activities related to the use of the Account.
   
   
2. The Users at their own risk and on their own responsibility use the Service.
   
   
3. Quickstream will make every effort to secure the Service against any adverse occurrences. Quickstream recommends the Users to use software that protects devices connected to the Internet and that protects the identity of persons using the Internet, to avoid using the Services through public Internet networks (e.g. public WiFi) or untrusted devices.
   
   
4. In the event of receiving an official notice or becoming reasonably aware of the unlawful nature of the data, including personal data made available by the User, Quickstream will contact the User to clarify the matter and will act according to the terms set out in these T&Cs (it will order a deletion of data or block the Account or, as a last resort, delete the Account) and the law, i.e. the notice and takedown procedure.
   
   
5. Quickstream holds no liability for non-performance or improper performance of the Service, whether resulting in User's loss of profits and/or any direct and indirect consequential losses. Quickstream liability covers only willful misconduct and is limited to direct losses.
   
   
6. Quickstream shall not be liable for any failure of the Services caused by a force majeure event.
   
   
7. Quickstream is not liable for any losses connected with the business decisions made based on the data provided to the User as a result of usage of the Service.
   
   
8. Quickstream does not guarantee the repair time from a failure of the Services nor the response time to take corrective action to remove the fault and/or re-enable the Services.
   
   

TERM AND TERMINATION

1. Quickstream and User shall be entitled to terminate the Agreement with immediate effect if the other party is declared bankrupt, files for bankruptcy, goes into or is placed in liquidation, enters into an arrangement with its creditors, or becomes insolvent.
   
   
2. Unless provided otherwise, either party shall be entitled to terminate the Agreement affected by the breach with immediate effect if the other party is in substantial breach of any of the obligations under the Agreement and fails to remedy that breach within thirty (30) days after the receipt of notice thereof by the injured Party.
   
   
3. If the User fails to pay any bill(s) of Quickstream when due and Quickstream provides the User with a notice (which can be sent to the client via electronic means such as e-mail or text message), Quickstream shall have the right to suspend the provision of the Service after 14 days' notice period until User has paid the bill. If the bill is not paid then Quickstream shall also be entitled to terminate the Agreement with immediate effect.
   
   
4. With the exception to point 1 above in the event of termination, Quickstream will not refund to the User any fees, fixed fees, or other payments and stop rendering the Services immediately.
   
   
5. Quickstream reserves the right to terminate the contract with a 3-month notice period.
   
   

COMPLAINTS

1. The complaint should be filed by the User within 30 days from the date when the problem occurred. The complaint should be filed by traditional mail, email, or by using a contact form available on the Website.
   
   
2. The date of filing the complaint is the date when the message with the complaint is delivered to the Quickstream.
   
   
3. Any complaints that may arise from this T&Cs, use or performance of the Services, Quickstream shall be handled within a reasonable timeframe, not exceeding 30 Business Days.
   
   

PROTECTION OF PERSONAL DATA

1. The administrator of personal data processed in connection with the provision of Services is tvhive sp.z o.o. with its registered seat in Poland, Krakow (30-504), ul. Kalwaryjska 69, NIP: 6793185462, registered in the National Court Register by the District Court in Krakow under number 0000789337 (for the purpose of this section: Personal Data Administrator or Administrator).
   
   
2. In the matters related to the processing of personal data, you can contact the Personal Data Administrator by:
   
   

a. e-mail: gdpr@quickstream.tech

b. traditional mail: tvhive sp. z o.o. ul. Kalwaryjska 69, 30-504 Krakow Poland

1. The Personal Data Administrator processes your personal data for the following purposes:
   
   

1. in the extent of the data indicated in the registration form - in order to take action before concluding the contract at the request of the data subject (i.e. to create an account) - the legal basis for the processing of this personal data is art. 6 sec. 1 lit. b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on the protection of data) (hereinafter: GDPR);
   
   
2. in the extent of personal data provided as part of the forms, as well as data on activity in the Services, i.e. data on the Services viewed, as well as session data, device and operating system, browser, location, and a unique identifier - in order to perform the contract - the legal basis for the processing of this personal data is Art. 6 sec. 1 letter b of the GDPR;
   
   
3. in the extent of personal data regarding activity in the Services, location, IP address, device ID, data on the web browser and operating system - in order to keep statistics on the use of individual Website and Services functionalities, to facilitate the use of the website and Service and to ensure security IT website and Service - the legal basis for the processing of this personal data is art. 6 sec. 1 GDPR;
   
   
4. in the extent of personal data provided during registration and other data that may be necessary to prove the existence of a claim or which result from a legal requirement, a court order, or other legal procedure - for the purpose of establishing, pursuing and pursuing claims and defending against claims in court proceedings and before other enforcement authorities - the legal basis for the processing of this personal data is Art. 6 sec. 1 letter f of GDPR;
   
   
5. in the extent of personal data provided while filing the complaints related to the Services provided (which are the reason for the complaint or request), and the data indicated in the documents attached to such complaint, complaints itself and/or requests - for the purpose of considering the complaints and answering to the Users' requests - the legal basis for the processing of these personal data is Art. 6 sec. 1 lit. b and f GDPR;
   
   
6. to the extent of an e-mail address and data about your activity in the application, including activities recorded and stored using cookies - for the purpose of marketing the Personal Data Administrator's own products. For remarketing, the Personal Data Administrator uses activity data to reach out to marketing messages outside the application and for this purpose uses the services of external suppliers, where the communications are displayed on the websites other than the Website. The legal basis for the processing of this personal data is Art. 6 sec. 1 letter a GDPR.
   
   

The recipients of your personal data may be entities cooperating with the Administrator in the field of Services provided to the Administrator, supporting the Administrator's activities, such as entities providing HR, accounting, legal, administrative, marketing, and IT services. These entities process data on the basis of an agreement concluded with the Administrator and only in accordance with his instructions.

Administrator will not transfer your personal data to third countries.

Personal data will be processed for the period necessary to provide Services, conduct marketing activities, provide other services to the User, and for the period of limitation of claims, and in the case of legal proceedings - for their duration. In the case of processing personal data on the basis of consent, the data will be processed until the consent is withdrawn.

You are entitled to:

1. requests from the Administrator to access their personal data, rectify, delete or limit processing;
   
   
2. transfer data, including the right to receive data and send them to another; administrator or request, if technically possible, to send them directly to another administrator;
   
   
3. object to the processing of personal data (in the case of data processing pursuant to Article 6 (1) (f) of the GDPR);
   
   
4. submit a complaint to the supervisory authority, in particular in its European Union of Member State country of residence, country where the work is being provided, or place of alleged violation. In Poland, the supervisory body in the meaning of GDPR regulations is the President of the Office for Personal Data Protection.
   
   

Providing your personal data is voluntary, but necessary for the purpose of providing the Services.


INTELLECTUAL PROPERTY

1. All rights to the Service as well as to the Website, software, code, and all content and other materials contained therein, including, without limitation, the logo, trademarks, trade names, service marks, slogans, and all designs, text, graphics, pictures, information, data, software are the exclusive property of the Quickstream (or of Quickstream's licensors). It is forbidden to use the Service in a manner that infringes Quickstream or any third party's intellectual property rights. In the event of Quickstream's intellectual property rights infringement, the appropriate legal actions will be taken.
   
   
2. Uploading of any content which is a subject of User's or third party's intellectual property right by the User to the Service does not constitute a transfer of intellectual property rights connected with such content to the Quickstream. Quickstream is allowed to use the content uploaded by the User to the Service which may be a subject of User's or third party's intellectual property rights for the purpose and in a manner indicated herein.
   
   

FINAL PROVISIONS

1. The T&Cs are available on https://quickstream.tech/cloud-terms.
   
   
2. Quickstream reserves the right to amend the T&Cs at any time. The User will be notified via email sent by the Quickstream of any change in these T&Cs no later than 5 Business Days prior to the date on which the amended Terms become effective. The amended T&Cs will become effective upon posting a revised version of the T&Cs under the link presented in point 1 hereinabove. The amended T&Cs shall be binding on the User.
   
   
3. In case of any discrepancies between the provisions of the T&Cs and the applicable laws, such laws shall apply instead of the T&Cs and the remaining part of the T&Cs shall remain in force. If any term or condition of the Agreement along with the T&Cs is found to be invalid, illegal, or unenforceable, all other terms and conditions of the Agreement along with the T&Cs shall remain unaffected and in full legal force and in effect. The Parties agree to replace, to the extent permitted by the applicable legislation, such an individual term or condition by a provision of the same or similar effect or meaning or having as close as possible the same economic purpose initially pursued by the Parties through such individual term or condition.
   
   
4. The General T&Cs are available solely in English, as is all binding communication held between the Quickstream and the User. It concerns every print, video, audio, or other materials.
   
   
5. The rights and obligations indicated in T&Cs may not be transferred to any other party without the prior written consent of the Quickstream.
   
   
6. The T&Cs are governed by the laws of the Republic of Poland.
   
   
7. The Parties agree and acknowledge that they will, subject to mandatory provisions of law, keep confidential all the Confidential Information and not disclose it to any third party or use it for any purposes other than those arising directly from the Agreement, without the prior written consent of the other Party.