Welcome and thank you for your interest in Stream Ocean AG, (“Stream Ocean”) Stream Foundation, our websites at www.streamocean.io and www.streamfoundation.ch, along with our Dashboard, related websites,  applications, data services, embedded software, and other services provided by us (collectively and individually, the “Service”). These Terms of Service and End User License Agreement are a legally binding contract between you and Stream Ocean regarding your use of the Service.

Please read the following terms carefully.

By clicking “I accept,” or by downloading, installing, or otherwise accessing or using the Service, you agree that you have read and understood, and, as a condition to your use of the Service, agree to be bound by the following Terms and Conditions, including Stream Ocean’s Privacy Policy, (constituting “The Terms.”) If you are not eligible, or do not agree to the Terms, then you do not have permission to use the Service. Your use of the Service, and Stream Ocean’s provision of the service to you constitutes an agreement by Stream Ocean and by you to be bound by these Terms.

1.1 By using, visiting, accessing and/or registering with Stream Ocean’s Service, you have read, understood and agreed to be bound by these Terms. If you do not agree to be bound by these Terms (as amended from time to time), then please do not use the Service.

1.2 We reserve the right to change, modify, add or delete parts of these Terms at any time and without further notice. Such amendments shall be effective upon posting the revised Terms published on our website at www.streamocean.io. The amended Terms will be presented to the user when they log in the next time.

1.3 These Terms are binding on Members and on non-Members who access and use the Service (“Users”).

We hereby grant you permission to use the Service in accordance with these Terms, provided that (a) you use the Service solely for your personal, (b) you will not alter, modify, edit or otherwise change any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose and (c) that you will comply with these Terms.

3.1 Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, billing information or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. 
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3.2 Security. You are solely responsible and liable for any activity occurring on your account, and you must keep your account password strictly confidential. You must inform us immediately of any breach of security or unauthorised use of your account by emailing us at operations@streamocean.io. We will investigate any security breaches and we have the right to suspend or terminate the account immediately. We will not be liable for any losses caused by the unauthorised use of your account, but you may be liable for our or other users’ losses caused by such unauthorised use.

4.1 Price. Before you pay any fees related to the Service, you will have an opportunity to review and accept the fees that you will be charged. Stream Ocean reserves the right to determine pricing for the Service in consultation with the Customer. Stream Ocean may change the fees for any feature of the Service, including additional fees or charges, if Stream Ocean gives you advance notice of changes before they apply. Stream Ocean, at its sole discretion, may make promotional offers with different features and different pricing to any of Stream Ocean customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
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4.2 Authorisation. You authorise Stream Ocean or its third-party payment provider to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Stream Ocean, to the payment method specified in the contract. If you pay any fees with a credit card, Stream Ocean or its third-party payment provider may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
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4.3 Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”) based on the Services that you select in your account. If you activate a Subscription Service, you authorise Stream Ocean to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The subscription will continue unless and until you change or cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us following registration (or to a different payment method if you change your payment information). You may change or cancel the Subscription Service by informing us.
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4.4 Delinquent Accounts. Stream Ocean may suspend or terminate access to the paid portions of the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

5.1 Limited License. To the extent that the Service and your Product contain or consist of software in any form, and subject to your complete and ongoing compliance with these Terms, Stream Ocean grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the software.

5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service, in whole or in part; (b) make modifications to the software or the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

5.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Product or Service (“Feedback”), then you hereby grant Stream Ocean an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Product or Service and create other products and services.

5.4 Data & Analytics. You hereby grant Stream Ocean an unrestricted, perpetual, irrevocable, worldwide, non-exclusive, fully-paid, royalty-free right and license (with right to sublicense) to obtain Data, and to host, store, transfer, display, perform, reproduce, modify, adapt, and distribute Data, in whole or in part, in any format and through any channels now known or hereafter developed, and to exploit the Data in any manner and for any purpose, including to improve the Service and to create other products or services.  

5.5 Ownership; Proprietary Rights. The Service is owned and operated by Stream Ocean. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Stream Ocean are protected by intellectual property and other laws. All Materials included in the Service are the property of Stream Ocean or its third party licensors. Except as expressly authorised by Stream Ocean, you may not make use of the Materials. Stream Ocean reserves all rights to the Materials not granted expressly in these Terms.

6.1 You agree not to use the Service for any illegal purposes and agree to use it in accordance with all the relevant laws.

6.2 You agree not to upload, post on or transmit through the Service any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.

6.3 You will not post or otherwise disseminate on the Service any material which is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate (“Offensive Material”).

6.4 You will not use the Service in a manner that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Service is in any way impaired.

6.5 You agree that you will not collect, collate or gather any personally identifiable information from the Service.

6.6 You will not use the Service in any manner, which violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, confidentiality rights and privacy rights).

6.7 You agree that in the event that you have any right, claim or action against any User arising out of the User’s use of the Service, then you will pursue such right, claim or action independently of, and without recourse to us, except that if you notify us of any abuse of the Service which results in your right, claim or action (for example, you inform us of an offending article which is defamatory of or offensive about you, setting out the specific statement concerned, where it was posted and an explanation as to why it is defamatory or offensive about you), then we shall remove, delete, modify or alter (as appropriate) the posting in question and may terminate the offending User’s account if appropriate and at our sole discretion.

6.8 You agree that our content, trademarks, copyright, patents, logos, domain names and other related intellectual property rights belong to us and/or our affiliates or licensors and you will not do any act that infringes those rights.

We may provide links to third party websites or resources on our Website. You hereby agree that we are not responsible or liable for the availability of such external websites or resources and acknowledge that we do not endorse and are not responsible or liable for the practices and contents (including defamatory, libellous and infringing content) in any the third party websites or resources, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with the use of or reliance on any such content, goods or services available on such websites and resources.

8.1 You agree to defend, indemnify and hold us, our subsidiaries, affiliates, officers, directors, employees, contractors, partners and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal expenses) arising out of or in connection with your activities on the Service, your use of and access to the Service, any breach by you of the Terms and your violation of any third party right, including without limitation any copyright, property, or privacy right.

8.2 You agree that your obligation to indemnify us will continue even when this Agreement is terminated.

9.1 We aim to comply with the applicable Data Protection legislation from time to time in place.

9.2 We will disclose your personal data if we are requested to do so by law or by any regulatory or governmental authority, or upon receipt of a court order or a legitimate request by a third party (for example, the police) in investigating illegal activities to provide information concerning your activities on the Service.

9.3 We reserve the right to notify or provide information to the relevant authority if we believe that you have carried out or are in the process of carrying out any illegal activity.

9.4 We reserve the right to store and use your personal data solely for our own internal purposes and we reserve the right to access, monitor and retrieve password protected information in order to fulfil our obligations, both legal and as established under these Terms.

10.1 In the event that a user breaches these Terms, in particular if a user: provides incorrect data during or after registration and/or discloses or shares his or her login details, in particular his or her password, without authorisation; we reserve the right to disable the login details of the User temporarily or permanently and/or terminate their access with immediate effect or within a period to be determined at our discretion and/or to terminate the User Agreement by extraordinary termination without notice. If this is the case, the user concerned will not be allowed to re-register without our express prior consent.
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10.2 You may terminate your account with us at any time by informing us at operations@streamocean.io.

If the whole or part of any term or provision in these Terms is to any extent held to be void, invalid, illegal or unenforceable under any enactment or rule of law, that term or provision or part of it shall to that extent be deemed not to form part of this agreement, and the validity and enforceability of the remainder of these Terms shall not be affected.

These Terms (as amended from time to time) are exclusively governed by and are construed in accordance with the laws of Switzerland whose courts will have exclusive jurisdiction in any dispute or any proceedings arising out of or in connection with these Terms, save that we have the right to commence and pursue proceedings in alternative jurisdictions.