Draft — to be reviewed by a lawyer
1. Who these terms are between
These terms apply between Spark Technology (“we”, “us”) and the business that orders a licence (“you”). We offer the software to businesses only. By starting a trial or ordering a plan in the customer portal, you accept these terms on behalf of your business.
2. The licence
- A licence covers one installation: one control panel and the servers it manages. Each installation needs its own licence key.
- You install and run the software on servers you choose and control. We do not host your service, your content or your viewers' data.
- You may use the software to run your own video service and to offer it to your viewers and resellers. You may not resell, sublicense or share the software or your licence key with others.
- The software remains our property. Except where the law allows it, you may not copy, change or reverse engineer it, or work around its licence checks.
3. Plans, prices and payment
- Your plan sets the limits and features of the licence, as shown on the pricing page and in the customer portal when you order.
- Prices are net. VAT or other taxes are added at checkout where they apply.
- Plans are paid in advance for each billing period by card or SEPA Direct Debit (through Stripe), in cryptocurrency (through CoinGate) or by bank transfer.
- A subscription renews at the end of each period until you cancel it in the customer portal. A cancellation takes effect at the end of the period already paid.
- We may change prices for future periods. We tell you before the change applies to you, and you may cancel before it does.
4. Trials
A free trial lets you try the software on your own server for a limited time and with limited capacity. One trial is available per customer account. When a trial ends without a paid plan, the licence behaves as an unpaid licence (section 5).
5. When a licence is not paid
If a payment is not made, the licence first gets a grace period. After it, the licence freezes growth: you cannot add new subscribers, servers, channels or titles beyond what is there. Nothing that is running stops: channels, videos and your viewers' devices keep working. Paying lifts the freeze.
6. Updates and support
- Updates of the control panel are included while your licence includes them (see your plan). Servers already updated keep working.
- The control panel checks in with our licensing service regularly to confirm the licence. The check-in sends facts about the installation, such as its version and the counts the plan limits, and no personal data of your viewers.
- Support is given by email at [email protected], within the scope of your plan.
7. Branded apps
Where your plan includes them, we build apps with your name, logo and colours, ready to publish. You provide the materials and are responsible for them and for publishing the apps in the stores under your own accounts.
8. Your responsibilities
- You must hold all the rights needed for every channel, video and other content you distribute with the software, such as licences from the rights holders and broadcasting rights. By subscribing, you confirm that you hold, or will obtain before distribution, all rights needed for the content you stream.
- You are responsible for your service, your viewers and resellers, and for the personal data of your viewers, which stays on your servers.
- You use the software lawfully and in line with our acceptable use policy, which is part of these terms.
- You keep your licence key and your portal sign-in safe.
9. Suspension and ending the contract
If you seriously breach these terms or the acceptable use policy, we may suspend the licence after telling you and giving you a reasonable time to put it right, or at once where the law requires us to act. Either party may end the contract at the end of a billing period. Either party may end it at once for good cause.
10. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. For slight negligence we are liable only for breaches of essential contractual obligations, and only up to the damage that is typical and foreseeable for this contract. Any other liability is excluded.
The software is provided as described on this website and in its documentation. You are responsible for your servers, your network and your backups.
11. Governing law
These terms are governed by the law of the country where we have our registered office (Germany), excluding the UN Convention on Contracts for the International Sale of Goods. Where the law allows, the courts at our registered office have jurisdiction.
12. Changes to these terms
We may change these terms for good reason, for example new features or new legal requirements. We tell you about a change by email at least 30 days before it takes effect. If you do not agree, you may cancel before it does; otherwise the new terms apply from that date.
13. Contact
For questions about these terms, write to [email protected]. Our company details are in the Imprint.