Payments Terms of Service
The terms and conditions described herein ("Agreement" or "Streamify Payments Terms") constitute a legal agreement between you (if your business is a sole proprietorship) or your business (if you are signing up on behalf of a corporation or other legal entity) (the "Merchant", "you" or "your") and Streamify GmbH, a company organized under the laws of Germany ("Streamify", "we", "us", or "our").
Table of Contents
- The Streamify Payments Service
- Getting a Payments Services Account
- Processing Transactions and Receiving Your Funds
- Termination and Other General Legal Terms
1. The Streamify Payments Service
Our Role
The Streamify Payments service ("Streamify Payments" or the "Payments Services") is a platform that facilitates the integration with payment processors (the "Payment Processor") and other service providers, as described more fully in this Agreement. The Payments Services help you manage and process payments from your customers on your Streamify platform. You hereby appoint us as your agent to deliver information and instructions on your behalf to the Payment Processor or other service providers.
Under the separate Streamify Platform Terms of Service (the "Streamify Platform Terms"), Streamify GmbH provides you with its video streaming platform, content management system, and other services (collectively, the "Streamify Platform Services"). The Streamify Platform Terms are incorporated herein by reference, and by accepting this Agreement, you are also accepting them.
Neither Streamify GmbH nor its affiliates are licensed as a bank, payment institution, or money services business. We are a supplier of the Streamify Platform Services under the Streamify Platform Terms and of the Payments Services under this Agreement.
The Payment Processor
The Payment Processor is Stripe, Inc. or one of its affiliates ("Stripe") and/or PayPal (Europe) S.à r.l. et Cie, S.C.A. or one of its affiliates ("PayPal"). The processing and settlement of transactions (as defined below) ("Payment Processing") is carried out by Stripe and/or PayPal under their respective terms. By accepting this Agreement, you are also accepting and agreeing to be bound by the relevant Payment Processor Terms, which is the legal agreement between you and the Payment Processor.
Streamify is not a party to the Payment Processor Terms and is not liable to you in respect thereof. By accepting this Agreement and the Payment Processor Terms, you are agreeing to open one or more financial accounts with the Payment Processor for Payment Processing (the "Payment Processor Account"). We reserve the right to change the Payment Processor at any time.
The Payment Processor's role is to accept and process payment transactions ("Transactions") from various payment methods, including credit cards, debit cards, and other payment methods as provided under this Agreement (collectively, "Payment Methods"), with respect to sales of your products and services, such as video content subscriptions or one-time event access.
Your Role
To utilize the Services, you must be a business or sole proprietorship operating in a jurisdiction where Streamify and its Payment Processor are supported.
The Payments Services
Streamify hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable right to use the Payments Services (the "License"). The License shall be for the term of this Agreement only.
It is your responsibility to obtain your customers' consent to be billed for each Transaction or, as the case may be, on a recurring basis, in compliance with applicable legal requirements and the payment rules of any applicable Payment Networks (the "Payment Network Rules").
Payment Methods
You assume sole and exclusive responsibility for the use of the Payments Services and for all Transactions. You are solely responsible for verifying the identity of customers and the eligibility of a presented Payment Method. Streamify does not guarantee or assume any liability for Transactions that may later be refunded, reversed, charged back, or otherwise disputed. You are solely responsible for all refunded, reversed, or charged-back transactions, regardless of the reason or timing. Streamify or the Payment Processor may add or remove one or more types of Payment Networks or Payment Methods, in their sole discretion, at any time, without prior notice to you.
Customer Service
Streamify will use commercially reasonable efforts to provide you with customer support to help resolve issues related to the Payments Services. The Payment Processor retains sole and exclusive responsibility for Payment Processing of Transactions, including the settlement of funds. However, Streamify will provide reasonable assistance in liaising between you and the Payment Processor.
You assume sole and exclusive responsibility for providing customer service or support to your customers for any and all issues related to your products and services, including, but not limited to, issues arising from the processing of Payment Methods through the Payments Services.
Taxes
You have sole and exclusive responsibility to determine what, if any, taxes apply to the sale of your goods and services and/or the payments you receive in connection with your use of the Payments Services ("Taxes"). It is your sole responsibility to assess, collect, report, or remit the correct Taxes to the proper tax authority. We are not obligated to determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority, on your behalf.
Security and Data Security
We maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal data regarding you and your customers that we store from unauthorized access, accidental loss, or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures.
You assume full responsibility for the security of data on your website or otherwise in your possession or control. You agree to comply with all applicable laws and rules in connection with your collection, security, and dissemination of any personal, financial, or Transaction information (collectively, "Data"). You agree that at all times you shall be compliant with applicable Payment Card Industry Data Security Standards ("PCI-DSS") and any other relevant standards.
Privacy
Your privacy and the protection of your data are very important to us. You acknowledge that you have received, read in full, and agree with the terms of our Privacy Policy and the Payment Processor's Privacy Policy. You agree that these policies may be modified from time to time, and you will check them regularly.
You represent to us that you are in compliance with all applicable privacy laws and that you maintain a publicly accessible privacy policy that accurately discloses how you collect, use, and disclose personal data. You further represent that you have obtained all necessary rights and consents under applicable law to allow us and the Payment Processor to collect, use, retain, and disclose any customer data that you provide to, or authorize us to collect, to use that data to provide the Payments Services.
Restricted Use
You are required to obey all laws, rules, and regulations applicable to your use of the Payments Services. In addition to any other requirements, you shall not: (i) utilize the credit available on any Payment Method to provide cash advances to your customers; (ii) submit any Transaction that does not arise from your sale of goods or service to a customer; (iii) act as a payment intermediary or aggregator or otherwise resell the Payments Services on behalf of any third party.
You further agree not to permit any third party to use or benefit from the Payments Services via a rental, lease, timesharing, or other arrangement, or to work around any of the technical limitations of the Payments Services.
Disclosures and Notices
You agree that Streamify can provide disclosures and notices regarding the Payments Services to you by posting them in your Streamify Admin, emailing them to the address listed in your Streamify Account, or mailing them to the address listed in your Streamify Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy.
2. Getting a Payments Services Account
Registration
The Payments Services are only made available to persons that operate a business selling goods and services. You may not use the Payments Services for non-commercial, personal, family, or household purposes.
To use Streamify Payments for your business, you are required to register for a Streamify Payments Account. When you register, we will collect information such as your name (if you are a sole proprietor), your business or trade name, your address, email, phone number, business identification or registration number, and other information we require. We may also collect personal data about your beneficial owners or principals.
Company Descriptions and Site URL
As part of your registration, you must provide the name under which you do business and a billing descriptor. These fields and your site URL may appear on your customers' financial account statements. It is important that you enter a description that clearly identifies your business to avoid customer confusion and Transaction disputes.
Verification and Underwriting
To verify your identity, we may require additional information, including your company registration number, tax number, and, if applicable, your date of birth. We may also ask for additional information to help verify your identity and assess your business risk.
3. Processing Transactions and Receiving Your Funds
Fees
Streamify will provide the Payments Services to you at the rates and for the fees ("Fees") described in the pricing section of our website. The Fees include a processing fee and a transaction fee, which may vary depending on the Payment Method used. We reserve the right to change our Fees at any time, with notice to you as required by law.
Payouts
Funds from processed Transactions, minus applicable Fees and any refunds, chargebacks, or reserves, will be settled to your designated bank account (your "Payout Account"). We will provide a schedule for payouts in your Streamify Admin. We are not responsible for any delays in funds reaching your Payout Account once we have initiated the transfer.
Reserves
Streamify or the Payment Processor, at our sole discretion, may place a reserve on your account to cover potential future chargebacks, refunds, or other liabilities. The amount and duration of the reserve will be based on a risk assessment of your account and business activity.
Refunds and Chargebacks
You are solely responsible for all refunds, chargebacks, and disputes. You must maintain sufficient funds in your Payment Processor Account to cover these liabilities. If you do not have sufficient funds, you authorize us to deduct the amount from your Payout Account, or to invoice you for the outstanding balance. We may also terminate or suspend your account if you have a high rate of chargebacks.
Errors
You must notify us of any errors in your account or payouts within thirty (30) days of the date the error first appeared. Failure to notify us within this timeframe will be considered a waiver of your right to dispute the error.
4. Termination and Other General Legal Terms
Term
This Agreement is effective upon your acceptance and will continue until terminated by either you or Streamify.
Termination
You may terminate this Agreement at any time by closing your Streamify Payments Account. We may terminate this Agreement at any time for any reason, with notice to you. We may also suspend or terminate your access to the Payments Services immediately and without notice if you breach this Agreement, have an excessive number of chargebacks, or engage in activity that poses a risk to our platform, our partners, or our customers.
Effect of Termination
Upon termination, your right to use the Payments Services will cease. You will remain liable for all fees, chargebacks, refunds, or other liabilities incurred prior to termination. Any funds held in reserve at the time of termination will be subject to our policy for final settlements.
Limitation of Liability
In no event shall Streamify, our affiliates, directors, or employees be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, lost profits, lost data, or business interruption, arising from your use of the Payments Services. Our total liability to you under this Agreement shall not exceed the amount of fees we received from you in the three (3) months preceding the event giving rise to the claim.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Germany. Any legal action or proceeding arising under this Agreement will be brought exclusively in the courts located in Germany.
Indemnification
You agree to indemnify, defend, and hold harmless Streamify, our affiliates, directors, and employees from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from your use of the Payments Services, any breach of this Agreement, or any violation of any law or the rights of any third party.
General Provisions
This Agreement, along with the Streamify Platform Terms and our Privacy Policy, constitutes the entire agreement between you and Streamify regarding the Payments Services. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be severed, and the remainder of the Agreement will remain in full force and effect.