Last updated: January 22, 2025

These Terms of Service (“Terms”) apply to your access to and use of our websites, applications, and other products and services, including but not limited to: email services, training courses, events, marketing services, review and messaging boards, and other communication tools (collectively, the “Services”) provided by Stream Media (“Stream Media,” “we,” or “us”). By clicking to accept these Terms, or by accessing or using any of our Services, you signify your agreement to these Terms, and you agree to use our Services in accordance with our Acceptable Use Policy, which is an integral part of these Terms. If you do not agree to these Terms, including the Mandatory Arbitration and Class Action Waiver provision in Section 19, you are not permitted to use our Services. We may also require you to agree to additional terms relating to specific features, products, or services. If any of these additional terms conflict with these Terms of Service, the additional terms will apply for the relevant feature, product, or service.

If you have any questions about these Terms or our Services, you may contact us by email at:

[email protected]

Eligibility and Competency

You must be 18 years or older to access or use our Services. If you are using our Services on behalf of another person or entity (such as a company or organization), you represent and warrant that you are legally authorized to accept these Terms on behalf of that person or entity, and that the latter shall be fully liable to us for your or their breach of these Terms.

Accounts, Account Security, Electronic Communications

To access some or all of our Services, you will be required to register and create an account. When you register, you must provide accurate and complete information about your account and promptly update it if there are any changes. You are responsible for protecting your account, and you must not share your login information with anyone else. If you suspect any unauthorized access to your account, you must notify us immediately so that we can take appropriate action. When you create an account on Stream Media, you consent to receive electronic communications from us (e.g., via email or in-platform notifications). These communications may include notices about your account, such as payment confirmations, password changes, and transaction-related information. You agree that all notices, agreements, disclosures, or other electronic communications we send to you will have the same legal effect as traditional written communications.

Privacy

Please refer to our Privacy Policy to learn how we collect, use and disclose your personal information in accordance with applicable laws.

Our Services; License

Our Services may allow you, along with other users, to create, post, store, and share marketing or communication content, which may include, but is not limited to:

EmailsText messages (SMS)Photos and videosSoftware and documentsReviews and message boards

(All of this is referred to as “Marketing Content”).

Your Rights and License to Stream Media
Except for the license you grant to us below, you retain all legal rights to your Marketing Content. However, you grant Stream Media a non-exclusive, royalty-free, worldwide, fully paid, sub-licensable license to use your Marketing Content in accordance with the settings you specify in the Services, which includes:

Use itCopy and modify itPublish and translate itDistribute and display it to users or audiences you specify.

As part of improving our Services, we may display, copy, and use your marketing content internally to help us:

Improve the system and increase its efficiencyAnalyze the performance of tools to meet user needsDetect and fix problems to ensure quality of service.

Content Restrictions
You may not create, post, store, or share any Marketing Content if it:

Violates these Terms or our Acceptable Use Policy.You do not have the full rights to grant us the above license.

Prohibited behavior

5.1) Prohibited Activities on the Services

You must not violate any laws, contracts, intellectual property rights, or other third-party rights while using our Services. You are fully responsible for any actions you take while accessing or using our Services. When using the Stream Media Services, you are prohibited from engaging in any of the following activities:

Engaging in any behavior that is harassing, threatening, intimidating, exploitative, or stalking of others in any way.Impersonate any person or entity, including any Stream Media officer or employee, or otherwise misrepresent your affiliation with any entity.Use or attempt to use another user's account without the express permission of that user and Stream Media.Accessing the Services through unauthorized means, such as unofficial software or unauthorized APIs.Use our Services in any way that may disrupt them, negatively impact the experience of other users, or harm our operating systems.Delete or modify any content, including marketing content, posted by another party.Remove or change any legal notices, trademarks, or intellectual property rights associated with the content you upload to the Platform.Register or attempt to register or unregister any other user of any Stream Media product or service without his express permission.Reverse engineering or attempting to decipher any part of our Services, or circumventing our security and protection systems.Circumvent any content filtering technologies we use, or attempt to access any protected feature or area within our Services without authorization.Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts that collect or extract data from our Platform.Export or attempt to export certain data, including but not limited to EGEO and ERJA data, that is not permitted to be exported from our Services.Use our Services for any illegal or unauthorized purpose, or engage in any activities that encourage or promote any violation of these Terms.

5.3) Web customization feature

If you subscribe to one of our plans (Monthly or Annual Plan), you have access to the Web Personalization feature that allows you to create customized versions of your web pages (“Experiences”) for your contacts. 🔹 These experiences are created by modifying page elements such as:

TextsPicturesLinksNavigation buttons

So that they are displayed in a way that matches the preferences and segmentations of your target audience.

Limits and restrictions
✔ You are allowed to create a set number of experiments based on different elements up to a maximum of 10 times the number of your contacts.
✔ If this limit is exceeded, it may result in suspension or termination of your services or disabling of the feature.

5.4) Reporting Violations
If you believe that any user is violating these Terms while using our Services, please notify us immediately so that we can take appropriate action. You can contact us directly via email: [add support email address].

6) Terms of Sale

6.1) Subscriptions

When you subscribe to Stream Media Services, you agree to an automatically renewing subscription contract according to the plan you choose when you sign up, whether monthly, quarterly, annual, or any other available period.When you sign up for the Subscription, you expressly acknowledge and agree to the following:1. Stream Media (or our payment service provider) is automatically authorized to charge your Payment Method for the Subscription Fee on a monthly, quarterly, annual, or other periodic basis, plus any applicable taxes or additional fees.2. Your subscription will remain active on an ongoing basis until you cancel it yourself, or until we suspend or discontinue your Services in accordance with these Terms.For more details about pricing plans and subscriptions, please visit
the pricing page.

6.2) Cancellation

You can cancel your subscription at any time by:1. Log in to your account and go to your control panel, then follow the cancellation instructions.2. Or contact us directly to request cancellation.Cancellation requests must be submitted by the account owner or a legally authorized person. Failure to use the account does not automatically cancel the subscription, so fees will continue to be charged until you officially cancel in accordance with these Terms. Cancellation becomes effective at the end of the current billing cycle, and you will remain responsible for all fees and taxes due through the subscription end date.If you unsubscribe, we may continue to send you promotional emails unless you unsubscribe from these emails through the unsubscribe link included in them.If you are considering unsubscribing, we may offer you the option to temporarily suspend your subscription for a specified period. During the pause, your account will remain active, and your data, including your contact data, will still be saved. Data collection and processing will continue to be subject to our Privacy Policy.

6.3) Individual purchases

We may offer some features of our Services, such as templates, as standalone, non-subscription products. Your payment method will be charged for these products only once when purchased.

6.4) Free Trial Periods

From time to time, and as permitted by law, we may offer free trials of certain Subscription Plans for a specified period of time without charge.Trial period terms:- The terms of the trial period will be specified in the marketing materials or during the registration process.- Stream Media reserves the right to modify or discontinue free trials at any time, without prior notice and at our sole discretion.

6.5) Payment and Billing Information

When you provide a credit card or other acceptable payment method, you represent and warrant that you are legally authorized to use it.You authorize us (or our payment provider) to charge you the full amount due, including applicable taxes and surcharges. If your payment is unsuccessful for any reason (such as insufficient funds or invalid card information), your account may be suspended until the issue is resolved. You must resolve any payment issues to ensure the continuity of the Services.The amount billed may vary due to promotions, subscription changes, or changes in government taxes and fees. By subscribing, you agree to have these adjusted amounts automatically debited from your payment method.

Limited License; Copyright and Trademarks

All of our Services, including text, graphics, images, videos, illustrations, trademarks, trade names, service marks, logos, banners, and other content (collectively, “Stream Media Content”), are owned by or licensed to Stream Media and are protected by United States and international laws.Except as expressly provided in these Terms, Stream Media and its licensors retain all rights in our Services and Stream Media Content.You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services solely for the following purposes:

Your personal use.2. Use by businesses or organizations to communicate with their contacts about their business.

However, this license is subject to these Terms and does not include any rights to:

Sell, resell or otherwise make commercial use of our Services or Stream Media Content.- Copy, reproduce, distribute, publicly display or perform Stream Media Content, unless expressly authorized by us or our licensors.- modify or remove intellectual property or trademark notices or create derivative works from Stream Media Content.- Use data mining tools, robots, or similar means to collect data from our Services.- Use our Services or Stream Media Content for any purpose other than those permitted in these Terms.Any unauthorized use of our Services or Stream Media Content other than as specified in these Terms, without our prior written permission, is strictly prohibited and will result in termination of the license granted to you under this Agreement.

Content and services provided by third parties

We may display content, advertisements or promotions from third parties through our Services (“Third Party Content”). We do not control, endorse or approve Third Party Content, and we make no warranties or representations regarding its accuracy, completeness or reliability.You acknowledge and agree that any interaction between you and third parties who provide such content is between you and that party only, and we are not responsible for any dealings or agreements between you and any third party.If Stream Media requires you to accept additional terms or obligations in connection with your use of third-party services or integrations (“Third-Party Terms”), we will notify you in advance and obtain your consent or confirmation thereof, including for continued use of those services or integrations.We may also provide you with access to certain services, features or functionality provided by a third party as part of our Services. Use of any such services or features is subject to separate terms of use between you and the third party, not these Terms. The third party provider is solely responsible for providing such services or features, not Stream Media.

Comments and notes

Any questions, comments, suggestions, ideas, original or creative materials or other information you provide regarding Stream Media or our products or services (collectively, “Feedback”) are non-confidential and will become the sole property of Stream Media.Stream Media will own all exclusive rights, including without limitation, all intellectual property rights in such Feedback, and will be entitled to freely use and disseminate it for any purpose, commercial or otherwise, without notice or compensation to you.

10) Advertising

You agree to be identified as a customer of Stream Media, and Stream Media may refer to you by name, trade name, trademark, logo or other proprietary marks, and describe your business in our marketing and advertising materials, on our website, and in press releases or other public announcements or statements. You hereby grant Stream Media a non-exclusive, royalty-free, worldwide, fully paid-up, sub-licensable license to use your name and any of your trade names, trademarks, logos or other proprietary marks in accordance with this Section.

11) Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that any content on our Services infringes any copyright you own or control, you may notify Stream Media's authorized agent as follows:

[email protected]

12) Compensation

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Stream Media, its affiliates, officers, directors, agents, partners and employees (collectively, the “Stream Media Parties”) from any losses, liabilities, claims, demands, damages, expenses or costs arising out of or relating to:

a) Your access to or use of our Services

b) Any marketing content or comments you provide;

c) Your violation of these Terms;

d) Your violation or infringement of any rights of any third party, including intellectual property or privacy rights;

e) Any actions you take in connection with your use of our Services;

You agree to notify the Stream Media Parties promptly of any third-party claims, cooperate with them in the defense of such claims, and bear all fees and costs associated with the defense of such claims, including attorneys' fees. You further agree that the Stream Media Parties will retain full control over the defense or settlement of any third-party claims. This indemnity is in addition to any other indemnities set forth in a written agreement between you and Stream Media or any other Stream Media party.

13) Disclaimer

We do not control, endorse, or assume any responsibility for any marketing content, third-party content, or third-party services that are made available through or accessed through our Services. Your use of our Services is entirely at your own risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Stream Media does not warrant that our Services will be accurate, complete, reliable, up-to-date, or error-free. Although we try to make your access to and use of our Services safe, we do not warrant that our Services or our servers are free of viruses or other harmful components. You are solely responsible for the quality and performance of the Services. As for the relationship between you and Stream Media, you are solely responsible for responding to all requests regarding your contacts’ rights and personal data, in accordance with applicable data protection laws.

14) Limitation of Liability

In no event will Stream Media or any of its affiliates be liable to you under any legal theory, whether based on contract, tort, negligence, warranty, strict liability or otherwise, for any indirect, consequential, exemplary, incidental, punitive, special or exemplary damages or lost profits, even if Stream Media or any of its affiliates have been advised of the possibility of such damages. The total liability of Stream Media and its affiliates for any claim arising out of or relating to these Terms or our Services, regardless of the form of action, is limited to the amount you paid, if any, to access or use our Services. These limitations of liability do not apply to cases of gross negligence, fraud, or willful misconduct by Stream Media or any of its affiliates, or in any other cases where liability cannot be excluded or limited under applicable law. In addition, some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so some or all of these limitations may not apply to you.

15) Disclaimer

To the fullest extent permitted by applicable law, you agree to release Stream Media and its affiliates from any liability, claims, demands or damages (whether actual or consequential) of every kind and nature, known or unknown, that may arise from or relate to disputes between users or due to the acts or omissions of third parties. YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542 OR ANY OTHER LAWS OR LEGISLATIVE THAT MAY LIMIT THE SCOPE OF THIS RELEASE TO EXTEND ONLY TO CLAIMS THAT YOU KNEW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

16) Data Transfer and Processing

By accessing or using our Services, you consent to the processing, transfer, and storage of your information within the United States and other countries, where you may not have the same rights and protections as your local laws.

17) Compliance with Export Laws, Sanctions and Anti-Corruption Compliance17.1) Compliance with Export and Sanctions Laws

Your receipt and use of our Services may be subject to export control and economic sanctions laws of the United States and other applicable government agencies (“Export and Sanctions Laws”). You agree to comply with all Export and Sanctions Laws as they apply to your access to and use of our Services. You may not, directly or indirectly, access or use our Services if you are located in any jurisdiction (including Cuba, Iran, North Korea, Syria, and the Crimea) where the following is prohibited by law: You may not provide access to or allow the use of our Services to any government, entity, or individual:

a) Located in any prohibited jurisdiction.

b) Listed on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Department of Commerce's Blocked Persons List, or any other export control or economic sanctions lists.

You represent and warrant that:

a) Your name is not listed in any government sanctions programs or lists of persons or entities prohibited from receiving U.S. exports or dealings with any U.S. person.

b) You are not located or operating a company registered in any prohibited jurisdiction.

c) You will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you are located.

17.2) Anti-Corruption Compliance

You agree to comply with all U.S. and international anti-corruption and anti-bribery laws and regulations, including the U.S. Foreign Corrupt Practices Act (FCPA), the U.K. Bribery Act, and other relevant laws as they apply to your access to and use of our Services. You also represent and warrant that you have not received or been offered any bribe, illegal gratuity, payment, gift, or anything of value in connection with your relationship with these Terms.

18) Commercial Items

If any U.S. government entity obtains our services, that entity acknowledges the following:

a) The Application and Services fall under the category of “commercial computer software” or “commercial computer software documentation” pursuant to the provisions of 48 CFR §12.212 and 48 CFR §227.7202, as applicable.

b) That the rights of this government entity are limited to the rights granted under these terms only.

19) Dispute Resolution and Mandatory Arbitration

Please read this section carefully because it requires you to resort to arbitration to resolve disputes and claims relating to Stream Media and limits the ways in which you can seek damages from us. Except for disputes involving small claims that you or Stream Media may bring in small claims court in the county of your billing address, or disputes in which Stream Media seeks court action to prevent the unlawful use of intellectual property rights, you and Stream Media waive your right to a jury trial and any legal process to resolve disputes in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved by confidential, binding arbitration held in Cook County, Illinois in accordance with the Streamlined Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Service (“JAMS”), which you can find on the JAMS website, and which rules are incorporated into these Terms by reference. You acknowledge and agree that you have read and understood the JAMS Rules or that you waive your right to read them and any claim that these Rules are unfair or should not apply for any reason. You and Stream Media agree that any dispute arising out of or relating to these Terms or our Services is a personal dispute between you and Stream Media, will be resolved only through individual arbitration, and will not be brought as a class arbitration, class action, or other type of representative proceeding. You and Stream Media agree that these Terms affect interstate commerce and therefore this Section will be construed and enforced in accordance with the Federal Arbitration Act (FAA) to the fullest extent permitted by applicable law. Subject to the Federal Arbitration Act and the JAMS Rules, the arbitrator shall have exclusive authority to make all procedural and substantive decisions relating to any Dispute and to award any relief that would be available in a court, provided that the arbitrator may not conduct a class arbitration or class action, which is prohibited by these Terms. The arbitrator may only hear individual Disputes, and may not consolidate more than one claim, or oversee any type of class or representative proceeding. You and Stream Media agree that in any arbitration initiated by you, you will bear the filing fee, and Stream Media will bear all remaining arbitration fees. If Stream Media initiates the arbitration, you will bear all JAMS fees in full. You and Stream Media agree that the federal or state courts of the State of Illinois, United States, located in Cook County, will have exclusive jurisdiction to hear any appeals or enforce any arbitration award. Any claim arising out of or relating to these Terms or our Services must be brought within one year of the date the claim arose, or it will be permanently barred, meaning that you and Stream Media will not have the right to bring such claim after that period has passed. You have the right to opt out of mandatory arbitration within thirty (30) days of the date you first accepted these Terms by sending us an email. To be effective, the notice must include your full name and clearly state your desire to opt out of mandatory arbitration. If you choose to opt out, you agree to resolve disputes in accordance with the provisions of Section 20.

20) Applicable Law and Venue

These Terms, as well as your access to and use of our Services, are governed by the laws of the State of Illinois, without regard to any conflict of laws or legal principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or is not capable of being decided by small claims court shall be resolved in the state courts of Illinois or the federal courts of the United States in Cook County, Illinois.

21) Amendments to these Terms

We may make changes to these Terms from time to time. If we do, we will post the revised Terms on our Platform and update the Last Updated Date at the beginning of this document. We may also attempt to notify you of changes by sending an email notice to the address associated with your account or via a notice within our Services. Unless otherwise stated in the notice, the revised Terms will be effective immediately upon posting, and your continued use of our Services constitutes your express acceptance of the new Terms. If you do not agree to the modifications, you must immediately stop using our Services.

22) Termination

We reserve the right to suspend or terminate your access to our Services at any time and without prior notice in our sole discretion. We are not liable for any loss or damage that may arise from your inability to access or use our Services.

23) Severability

If any provision of these Terms is deemed illegal, invalid, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of any other provisions of these Terms.

24) General Provisions

These Terms represent the entire agreement between you and Stream Media regarding your use of our Services. Any additional or different terms proposed by you in any purchase order or other official document are null and void. The failure of Stream Media to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in this document are for regulatory purposes only and have no legal or contractual effect. Unless otherwise stated herein, these Terms are for the benefit of the parties only and do not confer any rights on any third party. You may not transfer or assign your rights under these Terms without the prior written consent of Stream Media. These Terms may be executed and delivered electronically, or may be signed in stages in multiple copies, which when combined shall constitute one complete document.