Terms of service
IMPORTANT-These Terms of Service, and terms and policies referenced herein (these “Terms”) are a legally binding agreement as of the Effective Date (as defined below), governing your access to, and the use of the StreamWork website (the “Site”), and the use of, and registration with, the StreamWork collaboration and productivity services (collectively the Site and the services are the “Platform”). These Terms are between StreamWork LLC (“StreamWork”, “us”, “we” or “our”) and you, either individually, or on behalf of your employer or any other entity which you represent (“you” or “your”). In case you represent your employer or another entity, you hereby represent that (i) you have full legal authority to bind your employer or such entity (as applicable) to these Terms; and (ii) after reading and understanding these Terms, you agree to these Terms on behalf of your employer or the respective entity (as applicable), and these Terms shall bind your employer or such entity (as the case may be). PLEASE NOTE THAT YOU ARE DEEMED AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER OR AN ENTITY (AS APPLICABLE): (I) IF YOU ARE USING YOUR EMPLOYER OR AN ENTITY’S EMAIL ADDRESS IN REGISTERING INTO THE PLATFORM; AND (II) IF YOU ARE AN ADMINISTATOR OF THE PLATFORM ACCOUNT. YOU AGREE TO THESE TERMS BY EITHER: (I) CLICKING ON the “Sign up” BUTTON OR “JOIN BETA WAITLIST” FOR THE ACCEPTANCE OF THESE TERMS; OR (II) REGISTERING TO, USING OR ACCESSING THE PLATFORM; OR (III) ENTERING INTO A MUTUALLY AGREED UPON ORDER FORM THAT REFERENCES THESE TERMS (“ORDER FORM”), WHICHEVER IS EARLIER (THE “EFFECTIVE DATE”).
IF YOU DO NOT AGREE TO COMPLY WITH, AND BE BOUND BY, THESE TERMS OR DO NOT HAVE AUTHORITY TO BIND YOUR EMPLOYER OR ANY OTHER ENTITY (AS APPLICABLE), PLEASE DO NOT ACCEPT THESE TERMS OR ACCESS OR USE THE PLATFORM.
DISPUTES ABOUT THESE TERMS AND THE PLATFORM PROVIDED BY STREAMWORK ARE SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “CLASS ACTION WAIVER” SECTION BELOW.
If your company employer has entered into a separate signed enterprise agreement with StreamWork, the terms of the enterprise agreement will control and apply. If you are interested in obtaining an enterprise plan, please contact us at firstname.lastname@example.org.
StreamWork has different types of users that may use the Platform on behalf of the account holder. The account holder is liable and responsible for all users, whether a Free Seat or a Paid Seat (including Members, Contributors, or Reviewers) and their compliance with these Terms. Members and Contributors are considered a “User Seat” for the purposes of calculating fees.
We call users who use the free version of the StreamWork Platform “Free Seats.” While Free Seats can access and use the Platform, they have access to a more limited set of Platform features and functionality than Paid Seats. While users may be a Free Seat for the duration of their subscription, if a user registers for a free trial, the Free Seat may access the Platform free of charge for 14 days or 30 days for a beta trial. The Platform is provided ‘as is’ with no warranty during each trial.
We call users who use the Platform as part of a paid StreamWork subscription plan (regardless of the subscription tier) “Paid Seats.” The Platform features and functionalities available to Paid Seats are determined by the subscription tier under the Paid Seat account.
Paid Seats may be internal users that are employed by the account holder or work in the same company, organization, association as the account holder (“Members”) or
Paid Seats may be external users that are engaged by the account holder to provide services, such as a contractor or contractor or agency (“Contributors”).
To use the Platform you must be, and represent and warrant that you are, at least 16 years of age and competent to agree to these Terms. If StreamWork has previously prohibited you from accessing or using the Platform, you are not permitted to access or use the Platform.
Account Registration and Use
Account Registration and Confidentiality. To access the Platform, you must register for a StreamWork account by creating a username and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your username and password. We may assume that any communications we receive under your account have been made by you.
Unauthorized Account Use. You shall notify us if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. StreamWork will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by StreamWork or a third party due to someone else using your account. In the event that you lose access to an account or otherwise request information about an account, StreamWork reserves the right to request any verification that we deem necessary before restoring access to or providing information about such account, in its sole discretion.
Our Proprietary Rights
The Platform is owned and operated by StreamWork and contains materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by StreamWork and its partners, as well as other sources, and are protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Platform. You acknowledge that the Platform has been developed, compiled, prepared, revised, selected, and arranged by StreamWork and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of StreamWork and such others. You agree to protect the proprietary rights of StreamWork and all others having rights in the Platform during and after the term of these Terms and to comply with all written requests made by StreamWork or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Platform. You agree to notify StreamWork immediately upon becoming aware of any claim that the Platform infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Platform shall, as between you and StreamWork, at all times be and remain the sole and exclusive property of StreamWork. Any unauthorized use of any material contained on or through the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
User Content and Feedback
User Content and Submissions on the Platform. The Platform allows you to upload video content, documents, PDF’s, presentations, images, audio files, and more to the Platform; leave related comments in real-time on a timecode that other users can respond to in real time; and, tasks may be created on the Platform and delegated to others (collectively, “User Content”). You may share User Content with other Members within your company and with external Contributors.
Feedback. The Platform may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to StreamWork and share such Feedback with other users, or the public. By submitting Feedback through the Platform, you grant StreamWork a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other StreamWork marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.
User Content Representations. You acknowledge and agree that you have all required rights to submit User Content without violation of any third-party rights. You understand that StreamWork does not control, and is not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless StreamWork for all claims, losses, damages and liabilities resulting from all User Content you submit through the Platform, including without limitation, claims for or relating to Customer’s use of the Platform as authorized herein or your User Content infringing or misappropriating a third party’s copyright, trademark or tradename. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
User Content Restrictions. You may not post any User Content on the Platform that:
violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
is deceptive, fraudulent, illegal, obscene, pornographic, defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
contains any personal information of minors;
contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without StreamWork’s prior written consent;
contains viruses, bots, worms, or similar harmful materials; or
contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
Rights To Use The Platform
All Seat Users must comply with the following rules regarding acceptable use of the Platform. You shall not take any actions that disrupt the Platform. Without limiting the foregoing you shall not:
access, tamper with, or use non-public areas of the Platform, StreamWork’s computer systems, or the technical delivery systems of StreamWork’s providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
access or search the Platform by any means other than StreamWork’s publicly supported interfaces (for example, “scraping”);
attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Platform, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Platform.
Misuse of the Platform. You may not utilize the Platform to carry out, promote or support:
any unlawful or fraudulent activities;
the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
the publishing or posting of other people’s private or personal information without their express authorization and permission;
the sending of unsolicited communications, promotions advertisements, or spam;
the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
the promotion or advertisement of products or services other than your own without appropriate authorization.
StreamWork has no obligation to monitor User Content but may do so on its own accord. In addition to any other remedies that may be available to us, StreamWork reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Platform, with or without notice and without liability for StreamWork should you fail to abide by the rules in this Section or if, in StreamWork’s sole discretion, such action is necessary to prevent disruption of the Platform for other users. StreamWork may also notify the account administrator of any such issues.
Additional User Content Licenses and Publicity Rights
During the term of these Terms, (i) you grant StreamWork a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, tradenames and logos in StreamWork’s marketing materials and website(s) and to indicate that you are a StreamWork customer and (ii) subject to your approval, StreamWork may use and display and distribute User Content for StreamWork’s marketing purposes. StreamWork will abide by any written trademark usage guidelines provided by you. All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit. To decline StreamWork this license you need to email us at email@example.com stating that you do not wish to be used as a reference.
You will pay StreamWork the then applicable fees described on the payment page and/or order form for the Platform ("Subscription Fees"). The Subscription Fees shall be paid in advance on an annual or monthly basis as set forth in payment page, your account and/or the order form, as applicable.
Fees will be billed to the credit card or other payment account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. You acknowledge and agree that StreamWork will automatically charge your credit card or other payment account on record with StreamWork on purchase and up to thirty (30) days prior to each annual anniversary of your purchase.
Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of the Platform. The fees for the Platform invoiced by StreamWork will not include any taxes, duties and levies, and you shall be responsible for all taxes associated with the Platform other than U.S. taxes based on StreamWork's net income. If StreamWork has the legal obligation to pay or collect taxes for which you are responsible, the appropriate amount shall be invoiced to and paid by you.
You represent and warrant to StreamWork that all of your payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If payment is not received or cannot be charged to your credit card account for any reason, StreamWork may not register the domain or may allow the domain registration to expire. All fees are non-refundable, except as expressly stated otherwise in these Terms.
All payments shall be made in the currency of, and within the borders of the United States. You will pay all applicable taxes, duties, withholdings, backup withholding and the like; when StreamWork has the legal obligation to pay or collect such taxes, the appropriate amount shall be paid by you to StreamWork through StreamWork’s payment processors. If all or any part of any payment owed to StreamWork under these Terms is withheld, based upon a claim that such withholding is required pursuant to the tax laws of any country or its political subdivisions and/or any tax treaty between the U.S. and any such country, such payment shall be increased by the amount necessary to result in a net payment to StreamWork of the amounts otherwise payable under these Terms. You will reimburse StreamWork any pre-approved and agreed upon costs. StreamWork may change its fees and payment terms at its discretion; provided however, that such changes will not take effect for you until the start of the next subscription term. StreamWork will provide written notice to you for any changes to the fees that affect the Platform purchased by you. Your continued use of the Platform after the price change becomes effective constitutes your agreement to pay the changed amount.
You may contact us for help with using the Platform at our Help Center.
THE PLATFORM AND USER CONTENT, WHETHER PROVIDED BY STREAMWORK, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, STREAMWORK DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE PLATFORM IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED OR THAT OUR HELP CENTER WILL PROVIDE RESOLUTION OF ANY REPORTED ISSUES, OR (iv) THE SERVICE AND SITES OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL STREAMWORK OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE PLATFORM, OR ANY LINK PROVIDED ON THE PLATFORM, WHETHER OR NOT STREAMWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PLATFORM TO WHICH THE CLAIM RELATES OR, IF NO AMOUNTS HAVE BEEN PAID, $100.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above. Accordingly, some of the above limitations may not apply to you.
We may, from time to time, modify these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Platform. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Class Action Waiver section of these Terms. Your continued use of the Platform after any such update constitutes your acceptance of such changes. If you do not agree with the changed Terms, you must cease using the Platform and terminate your account.
Term and Termination
SUBJECT TO EARLIER TERMINATION AS PROVIDED BELOW, THE TERM OF THESE TERMS WILL COMMENCE O N THE EFFECTIVE DATE AND WILL CONTINUE FOR AS LONG AS THE PLATFORM IS BEING PROVIDED TO YOU UNDER THESE TERMS. UNLESS YOU HAVE A FREE TRIAL OR A BETA ACCOUNT, THE TERM YOUR SUBSCRIPTION AS SET FORTH IN YOUR ACCOUNT AND THE PAYMENT PAGE OR IN YOUR ORDER FORM, AS APPLICABLE, SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE TERMS EQUAL IN DURATION TO THE INITIAL SUBSCRIPTION TERM UNLESS EITHER PARTY NOTIFIES THE OTHER P ARTY IN WRITING VIA SUPPORT@STREAMWORK.COM OR VIA THE CANCELLATION LINK, NOT LESS THAN THIRTY ( 3 6 0) CALENDAR DAYS BEFORE THE EXPIRATION OF THE THEN - CURRENT SUBSCRIPTION TERM, THAT SUCH PARTY DOES NOT WISH TO RENEW SUBSCRIPTION TO THE PLATFORM FOR AN ADDITIONAL TERM.
You may terminate these Terms for StreamWork’s material breach of these Terms on thirty (30) days prior written notice if the breach remains uncured within such time period. In addition to any other remedies StreamWork may have, StreamWork may also terminate these Terms upon ten (10) days' notice (or two (2) days in the case of nonpayment), if you breach any of the terms or conditions of these Terms or if you exceed any StreamWork limits concerning use of the Platform. You acknowledge that StreamWork reserves the right to terminate these Terms as to accounts that are inactive for an extended period of time and the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof). All User Content on the Platform (if any) may be permanently deleted by StreamWork upon any termination of your account in its sole discretion.
All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, warranty disclaimers, limitations of liability and class action waiver.
Upon the termination of these Terms for any reason: (i) the licenses granted under these Terms in respect of the Platform shall immediately terminate and you and your User Seats shall cease use of the Platform; and (ii) you shall pay to StreamWork the full amount of any outstanding fees and committed amounts due hereunder.
Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Most disputes can be resolved without resort to litigation. If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with StreamWork, and good faith negotiations shall be a condition to either party initiating a lawsuit.
If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated, then either party may seek to resolve claims in a court of competent jurisdiction.
The parties further agree that any litigation shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND STREAMWORK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You have the right to opt out and not be bound by the class action waiver provisions set forth above by sending written notice of your decision to opt out to email@example.com with the subject line, “CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within the later of 30 days of the Effective Date. Otherwise you shall be bound to this class action waiver.
This Class Action Waiver section shall survive any termination of your use of the Platform.
Controlling Law and Severability
These Terms shall be construed in accordance with and governed by the laws of California notwithstanding its conflicts of law principles. Any dispute arising out of these terms and conditions or the use of the Platform shall be initiated and conducted in the state or federal courts of San Francisco, California, and you and StreamWork consent to the exclusive jurisdiction of such courts.
Force Majeure. Under no circumstances shall StreamWork or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
No Waiver. No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of StreamWork to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
General. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and StreamWork and govern your use of the Platform, and supersede any prior agreements between you and StreamWork on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by StreamWork without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of StreamWork. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Platform for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
Notices. By using the Platform, you consent to receiving electronic communications from StreamWork. These electronic communications may include notices about applicable Platform fees and charges related to the Platform and transactional or other information concerning or related to the Platform. These electronic communications are part of your relationship with StreamWork and you receive them as part of your use of the Platform. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We may deliver notice to you by e-mail, posting a notice on the Platform or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: (1) StreamWork, 2261 Market Street, Suite 19, San Francisco, CA 94114; or (2) firstname.lastname@example.org.
If you have any questions about these Terms, please contact us at email@example.com.