These are the terms and conditions governing the use of this Platform and the Contract that operates between You and Stream Sage Inc.

The owner and operator of the Platform available at https://console.streamsage.io/ is Stream Sage Inc. with the registered office in Dover - 8 The Green, Ste R, Dover, DE 19901, incorporated in the state of Delaware

These Terms and Conditions are addressed to all Vendors and define the rules for registering and using the Individual Account, using Services via the Platform, as well as the terms and conditions for the provision of certain services by electronic means carried out free of charge.

The Vendor may contact Stream Sage at the following e-mail address: support@streamsage.io.

The controller of personal data is Stream Sage Inc. with its registered office in Dover - 8 The Green, Ste R, Dover, DE 19901.

§ 1

Interpretation

The following definitions and rules of interpretation apply in these Conditions.

Definitions:

1. “Application Form” - the form available on the Platform in the "Get Beta Access Now" tab, by which the Vendor communicates his interest in the conclusion of the Contract.
   
   

2. “Charges” – the charges payable by the Vendor for the supply of the Services in accordance with these Terms & Conditions and the Individual offer.
   
   

3. “Contract” – the contract for providing electronic services between You and Stream Sage consisting of these Terms & Conditions, the Privacy Policy and the Individual offer.
   
   

4. “End User” - a person viewing a stream, purchasing products from a Vendor, as well as any person who is the intended recipient of the Vendor's Content shared in connection with the Services or their actual recipient.“Entrepreneur” - a natural person, a legal entity or an organizational unit that is not a legal entity, the legal capacity of which is granted by way of statute, performing an economic activity.
   
   

5. “External Supplier” – social media platforms and e-commerce platforms whose features may be used for providing our Services.
   
   

6. “GDPR” - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
   
   

7. “Individual Account” – the Vendor’s unique panel on the Platform, activated after completing the registration process, which is required to use the Services.
   
   

8. “Individual Offer” - the offer sent by Stream Sage to the Vendor after receiving and positively reviewing the Application Form, specifying the terms of cooperation between the Parties, the acceptance of which results in the conclusion of a Contract.
   
   

9. “Integration” - integration of the Vendor's Website with Stream Sage's Platform (and, in that regard, the term “integrate” shall be construed accordingly).
   
   

10. “Intellectual Property Rights” – patents, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off [or unfair competition], rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
    
    

11. “Newsletter” –  an information bulletin to which the Vendor has agreed to subscribe by entering its e-mail address in the "Newsletter" box on our Website.
    
    

12. “Party” - Stream Sage or a Vendor.
    
    

13. “Privacy Policy” - a document placed on the Platform under the name Privacy Policy, setting out the rules for the protection of personal data when using the Website or the Platform.
    
    

14. “Service” or “Services” – the services provided by Stream Sage to Vendors through the Platform, specified in Clause 4 of these Terms & Conditions.
    
    

15. “Stream Sage”, “Supplier” or “We” – Stream Sage Inc. with the registered office in Dover - 8 The Green, Ste R, Dover, DE 19901, incorporated in the state of Delaware.
    
    

16. “Stream Sage’s Software” - software owned by Stream Sage, enabling the Vendor to use the Services.
    
    

17. “Terms & Conditions” – these terms and conditions.
    
    

18. “User” - the Vendor, as well as any natural person acting for himself/herself or on the behalf of a legal person or an organizational unit without legal personality, but having legal capacity by way of statute, who has used the Website or submitted personal data in the Application Form on the Website.
    
    

19. “Vendor” or “You” – a person or entity who entered into a Contract with Stream Sage.
    
    

20. “Vendor’s Content” – all text, information, data, software, images, audio or video material in whatever medium, used in connection with the Platform, which are owned by the Vendor or to which the Vendor holds any title allowing him to use them for the purposes of the Services. 
    
    

21. “Vendor’s Website” - the Vendor's website integrated with the Platform. 
    
    

22. “Platform” – the Stream Sage platform available at: https://console.streamsage.io/, containing Stream Sage’s Software through which the Vendor can use the Services.“Website” - the Stream Sage website available at: https://www.streamsage.io/.

Interpretation:

1. Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression, be construed as illustrative and not limit the sense of the words, description, definition, phrase or term preceding those terms.
   
   

2. A reference to writing or written includes fax and e-mail.

§ 2

General Provisions

1. The Contract is concluded in electronic form when the Vendor electronically accepts the Individual Offer.
   
   

2. The Services provided by Stream Sage, referred to in these Terms & Conditions, are addressed only to Entrepreneurs.
   
   

3. Stream Sage warrants to You that the Services will be provided using reasonable care and skill.
   
   

4. Stream Sage takes necessary steps to ensure that the Website and Platform function properly, to the extent resulting from the current technical knowledge and undertakes to remove any irregularities reported by You within a reasonable time.
   
   

5. You are obliged to:

   • cooperate with Stream Sage in all matters relating to the Services;

   • provide Stream Sage with such information as Stream Sage may reasonably require in order to supply the Services and ensure that such information is complete and accurate;

   • use the Services provided by Stream Sage in accordance with these Terms & Conditions, provisions of generally applicable laws, as well as accepted norms and standards.
     
     

6. You may not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You may not attempt to gain unauthorised access to Services, the server on which our Platform is stored or any server, computer or database connected to Services.
   
   

7. It is your responsibility to make sure that the Woocommerce or Shopify plugins are regularly updated to their newest versions. If the plugins are not updated, then our Services may not function properly.
   
   

8. In connection with your use of our Platform you agree to adhere to appropriate External Supplier specific requirements, including  without limitation its community standards, External Supplier resources, External Supplier page terms and other policies.
   
   

9. You are not allowed to:

   • supply our Platform with unlawful content,

   • use the Platform and Services in a way that violates the interest or reputation of Stream Sage or which could expose Stream Sage to damage or loss of good name, as well as in a manner that is against the law, morality or violates third party’s rights, including intellectual property rights and personal rights,

   • copy, modify, download, adapt, reproduce, translate or decompile, create derivative works in relation to the Platform and all its elements, Services and all parts thereof, except for cases expressly permitted under these Terms and Conditions,

   • use the Platform, Services, External Supplier services or the Vendor’s Website in a manner that may be considered defamatory, offensive, discriminatory, harassing or threatening, encouraging to harmful or criminal activities, or which otherwise violates the rights of Stream Sage or third parties (including intellectual property rights, personal rights and rules for the protection of personal data),

   • post illegal or indecent content on the Platform, on External Supplier platforms or on the Vendor’s Website,

   • impersonate any natural person or representative of a legal person or organizational unit without legal personality, which is granted legal capacity by way of statute, provide false data on the Vendor’s Website, on the Platform or as part of Services, or perform any other activities aimed at concealing or misleading as to the identity of the person or source of messages sent,

   • break the technical security measures used to prevent or limit access to Services, the Vendor’s Individual Account or other systems related to the Platform by hacking, obtaining passwords or taking other illegal activities,

   • take any actions causing an unjustified or disproportionate burden on the infrastructure of the Platform, use the Platform in a way that disrupts or interferes with its functioning, or undertake IT activities or any other activities aimed at obtaining information not intended for the User, including data of other Users,

   • use "robots", "spiders", other automated solutions, equivalent manual processes or any other means to access the Platform, the Services or their components, materials, content, documents, etc.,

   • use the Platform or Services to create, distribute or transmit in any way viruses, trojans, time bombs, worms, spyware, malware or any other software that may damage computer hardware or software,

   • remove or interfere with copyright notices, watermarks, markings of Stream Sage’s rights or External Supplier rights, including copyright mark [©], Creative Commons mark [(cc)] or trademarks [® or ™] contained in particular on the Platform or External Supplier platforms or services,

   • post unsolicited commercial information on the Platform,

   • and use the Platform, content posted on the Platform or the Services in a manner inconsistent with their intended use, contrary to the provisions of these Terms and Conditions or the provisions of generally applicable law.

     
     

10. The Terms and Conditions can be accessed by the Vendor at any time via the "Terms and Conditions" link on the Platform.
    
    

11. The Platform may contain links to External Supplier platforms or services. These External Supplier platforms or services are not owned or controlled by Stream Sage, therefore by using our Platform you are agreeing to be bound by the terms of service and privacy rules of these External Suppliers.
    
    

12. You acknowledge and agree to adhere to policies of External Supplier platforms or services in connection with your use of the Platform, including without limitation, policies, terms of services, data policies, and such other policies, guidelines, and best practices implemented by External Suppliers, whether now known or hereinafter in effect. Brand specific requirements may apply, including without limitation, community standards, brand resources, and brand page terms. You are solely responsible for compliance with policies of External Supplier platforms or services in connection with your use of the Platform. Stream Sage is not responsible for your noncompliance with policies of External Supplier platforms or services in connection with your use of the Platform.

§ 3

Vendor's Obligations

1. The Vendor declares that:

   • he is an Entrepreneur or a person authorised to represent an Entrepreneur, and he shall use the Platform only in connection with and for the purposes of conducting his business,

   • he ensures an appropriate standard of customer service to his customers, in particular that the Vendor’s business is in accordance with applicable law,

   • the Vendor's Website contains necessary documentation adapted to the applicable provisions of law, i.e. the terms and conditions for the sale of goods / provision of services via the Vendor’s Website, a privacy policy, specifying the rules for the protection of personal data, as well as other necessary documents such as a cookie policy,

   • the provisions of the documents referred to above are free from prohibited clauses and ensure a high standard of implementation of consumer rights, such as the right to withdraw from agreements or an efficient complaint handling process, as well as ensure the correct performance of obligations under the personal data protection law, in particular information obligations,

   • has sole proprietary copyrights to all content shared through the Platform, found on the Vendor’s Website and shared by him via External Supplier platforms (Vendor’s Content), including all texts, images, animations, videos, audio files, fonts, logos, illustrations, names and other content provided by the Vendor for the purpose of conducting business, including graphics, interfaces, texts and any other materials, or that he is entitled to use such materials to the extent necessary on the basis of another legal titles, e.g. licence or consent,

   • the Vendor's Content does not infringe any third party rights, including intellectual property rights and personal rights, and in addition, the Vendor has the right to use the content in the necessary scope, including copying, publishing, displaying, making available in such a way that members of the public may access this content from a place and at at time individually chosen by them or to use it in any other way without territorial restrictions, i.e. throughout the entire world, in particular in the countries of End Users,

   • he has obtained all the consents required by the provisions of generally applicable law and meets all the conditions required by law for the storage, transfer or publication of personal data, images or likenesses of persons contained in Vendor’s Content or their parts, and that he will comply with all provisions of generally applicable law in this regard,

   • he processes personal data (including the data of End users) in accordance with the provisions of applicable data protection regulations, in particular the GDPR and is entitled to entrust the processing of personal data on its behalf to Stream Sage to the extent necessary to properly perform the Contract,

   • he accepts Stream Sage’s right to make changes, at its sole discretion, regarding the provision of Services or any of their features,

   • he accepts Stream Sage's right to change charges for Services, rules for the provision of Services, as well as the features of specific Services.

     
     

2. The Vendor is obliged to:

   • comply with all applicable laws in the country of the Vendor’s residence, the countries of the End Users and with the clauses of these Terms and Conditions;

   • properly perform and take care of processing orders and conducting e-commerce activities, processing transactions and delivering purchases,

   • remain liable for goods and services sold through the Vendor’s Website, the contents of the Vendor’s terms and conditions, privacy policies and other legal aspects of the Vendor’s conducted business.
     
     

3. The Vendor declares that he is aware of his sole responsibility for the lawful manner of using the Platform, the Services, External Supplier platforms and services, including the use of the Individual Account, as well as for any of the Vendor’s Content and for infringements of third party rights (including intellectual property rights, personal rights and personal data protection rules) by the Vendor.
   
   

4. Stream Sage takes reasonable care to ensure the proper functioning of the Platform, however the Vendor is responsible for making backups of all Vendor’s Content used with the Platform. Stream Sage is not responsible for loss of any Vendor’s Content that has not been backed up by the Vendor.
   
   

5. The Vendor is responsible for keeping all of the Vendor Website’s plugins up to date.

§ 4

Services

1. The Services Stream Sage supplies consists in particular of granting access to solutions that allow Vendors to supercharge their sales through Vendors’ Websites.
   
   

2. The Platform offers the following Services:

   • Shoppable video - a service that allows Vendors to add sales overlays to live or on-demand videos on Vendor’s Websites;

   • Shoppable images & articles - a service that allows Vendors to add sales overlays to images and articles on Vendor’s Websites;

   • Streaming - a service that allows Vendors to broadcast videos to End Users over the internet in real-time. The streaming service is provided through video embedding from External Suppliers or in the form of transmission directly on the Platform.
     
     

3. The Services rendered to a particular Vendor shall be indicated in the Individual Offer.

§ 5

Individual Account

1. In order to use the features of our Platform, you must register for an Individual Account.
   
   

2. After concluding the Contract, you will be supplied with login details allowing you to sign in to your Individual Account.
   
   

3. You are obliged to take your best efforts to maintain confidentiality and not to disclose the password and other Individual Account details to third parties.
   
   

4. You must notify Stream Sage immediately upon becoming aware of any breach of security or unauthorised use of the Individual Account. Additionally, you should immediately change the password, using the appropriate functionalities within the Individual Account.
   
   

5. In the event of breach of individual security or other unauthorised use of the Individual Account, the User is obliged to immediately report such circumstances to Stream Sage via e-mail sent to the following address: support.streamsage.io. In this case, Stream Sage, after verifying the report, will block access to the Vendor's Individual Account, or at the Vendor's request, will change the access data to Vendor’s Individual Account.
   
   

6. Stream Sage is not responsible for any damages, costs or losses incurred by the User or third parties as a result of the use of the Vendor's Individual Account by unauthorised persons, resulting from circumstances which Stream Sage is not at fault for.
   
   

7. The Vendor is fully and solely responsible for all actions taken within Vendor's Individual Account (including all representations, obligations made or taken within it, as well as for violations of the third parties rights, including intellectual property rights and personal rights), regardless of whether the Vendor has given the authorization to take these actions, as well as for any damages, costs or losses that may result from these actions.
   
   

8. In the event of a dispute regarding the ownership of the Vendor's Individual Account, Stream Sage reserves the right to determine the owner of the Individual Account based on the data provided by the Vendor in the Application form and further provided to conclude the Contract (in particular, such information as name, surname, e-mail address or payment details). However, if it is not possible to determine the owner of the Individual Account on the basis of the data provided by the Vendor, Stream Sage reserves the right to suspend the Individual Account until the dispute is resolved by entities claiming the right to a given Individual Account. Regardless of actions taken by Stream Sage in accordance with this clause, Stream Sage is not liable for damages to the rightful owner of the Individual Account or other third parties.

§ 6

Service Integration

1. Stream Sage shall assist the Vendor with the Integration (if necessary).
   
   

2. The Vendor is responsible for making Vendor’s e-commerce solution available to Stream Sage, so that Stream Sage may perform the Integration.

§ 7

Pricing and Payment

1. The Vendor undertakes to pay Stream Sage’s remuneration for the provision of the Services specified in the Contract.
   
   

2. The method and amount of remuneration for the provision of Services is specified each time in the Individual Offer sent to the Vendor and depends in particular on the type of Services that the Vendor wants to use.
   
   

3. The remuneration can constitute any or some of the following:

   • a flat rate in the amount indicated in the Individual Offer;

   • a commission in the percentage indicated in the Individual Offer, calculated on the basis of the sum of the Vendor's income from each product sold with the use of the Services;

   • a flat rate in the amount indicated in the Individual Offer, which shall be increased by a commission calculated in the percentage indicated in the Individual Offer which shall be due after exceeding the specified value of purchased products with the use of the Services.
     
     

4. The commission referred to above will be calculated in relation to:the net price of products and shall include neither any added fees or costs - such as tax and shipping, nor any subtracted fees - such as credit card, PayPal, or eCommerce platform fees or costs,any and all products purchased with the use of the Services - such purchases shall be marked with a relevant marking/tag (such as ‘Stream Sage’s Software’ tag). For the avoidance of doubt it is emphasised, that purchases made on the Vendor’s Website without the use of the Services shall not be taken into account when calculating Stream Sage’s remuneration.
   
   

5. At the conclusion of each calendar month Stream Sage shall issue and send to the Vendor an invoice summing up Stream Sage’s remuneration calculated in accordance with the above clauses. The Vendor shall pay each invoice referred to in the preceding sentence within 14 days from the date such invoice was issued.
   
   

6. In the case a Vendor is bound by a commission remuneration referred to above, the Vendor is obliged to share with Stream Sage information on its actual sales income from Woocommerce or Shopify sales channel reports and filters. The Vendor shall provide sales income information about each month of the provision of Services no later than on the 5th day of the following month.
   
   

7. If at any time the Vendor shall be in delay with payment of invoices or, in the case of commission remuneration, the Vendor does not provide Stream Sage with access to revenue reporting tools and other necessary information within the deadline indicated in above, Stream Sage may, at its discretion, suspend its Services or terminate the Contract with immediate effect. Stream Sage will not be liable for any damages suffered by the Vendor as a result of such suspension or termination for reasons mentioned in the previous sentence.
   
   

8. The Vendor agrees to receive invoices in electronic form to the e-mail address provided by the Vendor when creating the Individual Account.
   
   

9. Stream Sage reserves the right to change the method of calculating the monthly remuneration or the amount of remuneration. Stream Sage will inform the Vendor at least 30 days before such a change becomes effective. The Vendor will have an opportunity to terminate the Contract before the effective date of such a change.
   
   

10. The Vendor's continued use of the Services after the change becomes effective constitutes consent to the change.
    
    

11. In addition, Stream Sage reserves the right to launch and cancel special offers on the Platform or change them in accordance with applicable law.

§ 8

Termination

1. Without affecting any other right or remedy available to it, either Party may terminate the Contract by giving the other Party one months’ notice. Termination is effective at the end of a calendar month. Such termination does not release You from your legal and financial obligations under the Contract until the notice period has expired.
   
   

2. The Contract may be terminated at any time by submitting a clear notice to the other Party by email. Your access to Services will continue till the end of the notice period.
   
   

3. Without affecting any other right or remedy, Stream Sage may terminate the Contract with immediate effect by giving the Vendor written notice, if:

   • the Vendor violates the provisions of these Terms & Condition or the Individual Offer,

   • the Vendor violates provisions of the generally applicable law,

   • the Vendor behaves in a way, which is offensive to Stream Sage or damages Stream Sage’s brand reputation,

   • the Vendor is late with payment of an invoice or, in the case in which the vendor is bound by commission remuneration,

   • the Vendor does not provide Stream Sage with access to revenue reporting tools and other necessary information within the deadline,

   • the Vendor’s Content infringes third party rights, 

     
     We decide to close the Platform or stop providing given Services altogether for any reason whatsoever.
     
     

4. Before Stream Sage terminates the Contract, it will make reasonable efforts to notify the Vendor in advance of any suspected violation or other grounds of termination.

§ 9

Inquiries

1. You may send us inquiries in relation to the operation of our Platform or provided Services. The inquiry should be submitted in electronic form and sent to our email address: support@streamsage.io The inquiry should contain information and circumstances regarding the subject of the inquiry and your contact details.
   
   

2. We will review your inquiry immediately and respond to you no later than within 14 days from the date of the submission of the inquiry.

§ 10

Intellectual Property Rights

1. Stream Sage, with the conclusion of the Contract, grants the Vendor a non-exclusive, non-transferable, limited, fully revocable licence to access and use the Platform and Services specified in the Individual Offer for the duration of the Contract and to the extent expressly permitted under these Terms & Conditions. The Vendor is not allowed to sublicense or otherwise authorise any third party to use the rights granted under the licence referred to in the preceding sentence.
   
   

2. The licence referred to in above includes fields of exploitation necessary to:

   • use the Platform and the Services for their intended purpose according to these Terms & Conditions,

   • launch and display the Platform and Services.
     
     

3. The licence referred to above will expire upon termination or expiry of the Contract for any reason whatsoever.
   
   

4. The Vendor may use the Platform and Services only in the manner and for the purposes expressly permitted by these Terms & Conditions. All rights not expressly granted to the Vendor in these Terms & Conditions are reserved for Stream Sage. Nothing in these Terms & Conditions shall constitute a transfer or waiver of any Intellectual Property rights owned by Stream Sage under any law.
   
   

5. Except as expressly stated herein, the Contract does not grant the Vendor any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Platform or Services.
   
   

6. Stream Sage reserves all rights, including patents, copyrights, trade secrets, trademarks and other intellectual property rights related to the Platform and Services.
   
   

7. Stream Sage remains the owner of all rights to the Services and the Platform, including all materials that constitute or may be the subject of Intellectual Property rights in the light of generally applicable law - including in particular the artwork, graphics, images, literary works, codes source, applications, audio, music, video, multimedia files, projects, animations, interfaces, documentation, their subsequent versions, methods, products, algorithms, data, functionalities and interactive elements, advertising tools and methods, inventions, company secrets, logos, domains, personalised URLs, trademarks, trade names and other identifying marks, regardless of whether they are registered, related directly or indirectly to the Platform or Services.
   
   

8. The Vendor undertakes not to:

   • modify, alter, repair, create derivative works of any software contained in the Platform or Services,

   • reverse engineer, disassemble or decompile the Platform or Services, or use any other process to obtain the source code of any software contained in the Platform or Services,

   • access or use the Platform or Services in a way that avoids incurring charges,

   • transfer the rights to use the Platform or Services to third parties or sublicense the Platform or Services.
     
     

9. The Vendor is solely entitled to all Intellectual Property regarding the Vendor’s Content and any other materials created by the Vendor, including any images, animations, videos, audio files, fonts, logos, illustrations, compositions, graphics, code, interfaces, texts and literary works. Stream Sage does not claim any intellectual property rights in the Vendor’s Content. However, the Vendor accepts that in order to provide Platform and Services, Stream Sage will gain access to the Vendor’s Content and may post or copy them in order to correct their display or perform other technical operations or actions necessary to provide the Services. In connection with the above, the Vendor grants Stream Sage a non-exclusive, free licence without territorial restrictions, i.e. throughout the entire world, for the duration of Contract in all fields of use necessary to perform the Contract, in particular in the following fields of use:

   • in the field of recording and reproducing the Vendor’s Content - producing copies of the Vendor’s Content using a specific technique, including in particular digital technology,

   • in the scope of disseminating the Vendor’s Content - applying, running, displaying, transmitting, storing, playing, broadcasting and rebroadcasting, as well as making the Vendor’s Content publicly available in such a way that members of the public may access them from a place and at a time individually chosen by them, regardless of the format, system or standard, and accessing the Vendor’s Content or their parts,

   • in the scope of modifying the Vendor’s Content  - modifying the Vendor’s Content in a manner necessary to perform the Contract, or modifying to the extent necessary to integrate the Vendor’s Content with the Platform,

   • in the scope of fixation - permanent or temporary fixation.
     
     

10. The Vendor grants Stream Sage, an unlimited in time and territory, free of charge consent to use the Vendor's Content and the Vendor’s trademarks, logos, and marketing materials for promotional purposes, in particular, Stream Sage acquires the right to include the Vendor's trademarks and logos on its Website and Platform.
    
    

11. In addition, the Vendor agrees to the posting of links to the Vendor’s Content (e.g. images, articles or videos) with added Stream Sage overlays on Stream Sage’s profiles in social media portals (including Facebook, Instagram, Twitter), on its Website and on the Platform.
    
    

12. The Vendor waives any claims against Stream Sage in connection with the proper use of the Vendor’s Intellectual Property as described above.

§ 11

Restrictions on Vendor's Content

1. The Vendor represents that the Vendor’s Content and any other content published through the Platform or used in connection with the Platform, does not:

   • infringe, violate, or misappropriate any copyrights, mask work rights, trademarks, trade secrets, or other proprietary or intellectual property rights of any third party, 

   • defame, libel, or invade the privacy of any third party,

   • violate any applicable External Supplier policies,

   • violate provisions of the generally applicable law.
     
     

2. Stream Sage reserves the right at all times to remove or refuse to distribute any of the Vendor’s Content on the Platform or with the use of the Services or to suspend or terminate the Individual Account in case of breaching these Terms & Conditions or provisions of applicable law. In such a case, Stream Sage shall not be liable for any damages to the Vendor or any third party.

§ 12

Report Abuse Feature

1. We value the security of both our Vendors and End Users and we constantly monitor our Platform for any breaches of our Terms and Conditions or of the law. Whenever we discover an abuse of our Terms and Conditions or of the law we take immediate action to remove the abuse and take steps to avoid similar abuses in the future. These steps may include a refusal to offer (or to cease offering) our Services to entities responsible for the breach.
   
   

2. In order to help us detect and react to abuses more effectively we encourage Vendors to use the report abuse feature available on our Platform. The feature can be used to report abuses such as:

   • fraudulent activity,

   • breach of IP rights,

   • violation of personal rights,

   • violation of generally applicable law,users under the age of 13,

   • inappropriate username,

   • inappropriate use of chat.
     
     

3. The feature should only be used to report actual or reasonably suspected abuses and should not be used in an unfounded or excessive manner.
   
   

4. Stream Sage will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action where Stream Sage has reasonable grounds to believe that an infringement has taken place, including (where possible) removing or disabling the Vendor’s Content claimed to be infringing and/or terminating Individual Accounts and access to the Services. You expressly agree that in such a case Stream Sage can not be held liable to the Vendor for inability to use the Services, i.e. if the Vendor’s Content was subject to such procedure and Stream Sage reasonably determines that the third party claims are reasonably substantiated. In such a case you will be informed about the basis of third party claims so that you may discuss them directly with such third party.

§ 13

Newsletter

1. Stream Sage, in accordance with these Terms and Conditions, may provide You with Newsletter services free of charge.
   
   

2. In order to start the Newsletter service, You are required to give your consent for receiving the Newsletter by giving your email address in the appropriate box on our Platform. You should confirm your consent by pressing the activation link sent by Stream Sage to the given email address.
   
   

3. The Newsletter is provided for an indefinite period of time, free of charge. You may, at any time, without giving any reason, unsubscribe from the Newsletter by clicking the deactivation link included in every email message sent to You or by sending a relevant request to us.

§ 14

Data Protection

1. Stream Sage is the data controller of your personal data and the data processor of data of your customers that you may be required to share with Stream Sage throughout the Contract (for example, to properly calculate the amount of remuneration due to Stream Sage).
   
   

2. Detailed information about rules and purposes of processing your personal data are included in our Privacy Policy, available at our Website and on the Platform.

§ 15

Disclaimer

The Services are provided "as is". Stream Sage makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability or fitness for a particular purpose. Further, Stream Sage does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Services.

§ 16

Vendor's Liability

1. The Vendor is legally responsible for the Vendor’s Content. It is therefore essential that the content the Vendor shares on the Vendor’s Website, on the Platform or on External Supplier platforms is appropriate and completely legal.
   
   

2. The Vendor is solely responsible for any violation of third party rights made by the Vendor’s Content.
   
   

3. The Vendor shall indemnify Stream Sage from liability and indemnify Stream Sage against all claims, damages and other expenses resulting from any allegations, demands, lawsuits or any other actions taken by third parties that result from infringement of third party rights caused by the Vendor, Vendor's Content or the Vendor's use of the Platform or Services, including actions taken on behalf of the Vendor by third parties. For the avoidance of any doubt, this provision constitutes the Vendor’s  obligation to cover all legitimate and proven claims raised by these persons in connection with the infringement caused by the Vendor, Vendor's Content or the use by the Vendor of the Platform ro Services, including actions taken on behalf of the Vendor by third parties.
   
   

4. In no event will Stream Sage, its employees, agents and subcontractors be liable to the Vendor to the extent that the alleged infringement is based on:

   • the Vendor’s use of the Platform or Services in a manner contrary to the Terms and Conditions or applicable law;

     or

   • the Vendor’s use of the Platform or Services after notice of the alleged or actual infringement from Stream Sage or any appropriate authority.

§ 17

Stream Sage's Liability

1. Stream Sage takes the necessary steps to ensure the proper operation of the Platform and provided Services, to the extent that results from current technical knowledge and undertakes to remove any irregularities reported by Vendors within a reasonable time.
   
   

2. Stream Sage is not responsible for any defects in the functioning of the Platform resulting from the Vendor's fault or negligence. In particular, Stream Sage shall not be liable for incorrect operation of the Platform or Services resulting from the technical condition of the Vendor's or End Users' IT system, as well as errors in data transmission (internet connection).
   
   

3. Stream Sage reserves the right to periodically update and change the Platform and Services and in order to adapt the Platform and Services to the needs of Vendors and Stream Sage's business priorities. Stream Sage will notify the Vendor sufficiently in advance of any significant changes. The Vendor will be able to terminate the Contract before the changes referred to in the preceding sentence enter into force. The Vendor's continued use of the Platform or Service after the changes come into force constitutes their acceptance by the Vendor.
   
   

4. Stream Sage does not guarantee that the Platform and all its functionalities or content will always be available or uninterrupted. Stream Sage may suspend, close or limit access to the Platform in whole or in part for business or operational reasons. Stream Sage will notify the Vendor in reasonable advance of any temporary suspension or closure of the Platform.
   
   

5. Stream Sage shall not be liable for any damage caused by errors or omissions in any information provided to Stream Sage by the Vendor in connection with the Platform, or for any actions taken by Stream Sage at the Vendor's request.
   
   

6. Stream Sage is not responsible for the Vendor's Content, for its use by any person, or for any losses, damages, costs or expenses incurred by the Vendor or other persons as a result of the publication of the Vendor’s Content or access to the Vendor’s Content. In addition, Stream Sage is not responsible for the unlawfulness of the Vendor's Content and the resulting violations of the rights of third parties, including Intellectual Property rights, personal rights and the rules of personal data protection.
   
   

7. Stream Sage is not responsible for the Vendor’s Content and shall not be held liable for it, in particular if the content is: unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or is otherwise illegal or causes damage or injury to any person or property.
   
   

8. To the fullest extent permitted by law, Stream Sage shall not be liable for any damages, including damages as a result of loss of profits, data loss, business interruption or other damages and business losses arising from or in connection with the Vendor’s use or inability to use the Platform or Services.
   
   

9. If the performance of any of our obligations under the Contract is prevented or delayed by any act or omission by You or failure to perform any relevant obligation, Stream Sage shall not be liable for any costs or losses sustained or incurred by You arising directly or indirectly from our failure or delay to perform any of its obligations.
   
   

10. Except as expressly and specifically provided in these Terms & Conditions:

    • You assume sole responsibility for results obtained from your use of the Platform, and for conclusions drawn from such use. Stream Sage has no liability for any damages caused by errors or omissions in any information provided to Stream Sage by You in connection with the Platform or Services;

    • all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Contract;

    • and the Platform and Services are provided to You on an "as is" basis.
      
      

11. This paragraph survives termination of the Contract. 

§ 18

Force Majeure

Stream Sage shall not be liable to You if it is prevented from or delayed in performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

§ 19

Final Provisions

1. These Terms and Conditions are effective from July 5th, 2022.
   
   

2. In the event of any discrepancy between the provisions of the Individual Offer in the version accepted by both Parties and these Terms & Conditions, the provisions of the Individual Offer accepted by both Parties will prevail.
   
   

3. Stream Sage is liable for non-performance or improper performance of the Contract only in the event of deliberate damage and within the limits of actual losses incurred by the Vendor.
   
   

4. The Parties will strive to amicably resolve any disputes arising from the contract concluded on the basis of these Terms & Conditions. If the dispute cannot be resolved amicably, it will be finally resolved by the courts of Delaware.
   
   

5. Stream Sage may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
   
   

6. You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract except if Stream Sage grants You prior permission for any such action expressed in writing.
   
   

7. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
   
   

8. If any provision of these Terms & Conditions or its part  is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract.
   
   

9. To any matters not specified in the Contract relevant provisions of the laws of Delaware shall apply. The laws of Delaware are also the governing laws for liabilities resulting from the Contract.