If your usual residence is in the European Economic Area, the United Kingdom, or Switzerland, scroll down to find the terms that apply to you.

Terms of Service (US and Rest of the World)

Last Updated: October 1, 2026

If your usual residence is outside of the European Economic Area, the United Kingdom or Switzerland, these Terms apply to you.

Introduction

1.1 Binding Agreement. Please read carefully. These Terms of Services (“Terms”) constitute a legally binding agreement between you and Bending Spoons Operations S.p.A. (referred to in these Terms as “we”, “us” or “our”). These Terms govern your access and use of StreamYard and all associated software, websites where these Terms are posted (“Website”), mobile applications, products and services that we make available to you in relation to StreamYard (collectively, together with the Website, the "Service”). By accessing, downloading, installing or using the Service in any manner, you agree to be bound by these Terms, and any applicable guidelines, policies and additional terms as made available to you on the Website or otherwise, including our Community Guidelines. In some cases, specific features of the Service may also be subject to additional terms or third-party licenses, terms, or policies, which apply when you use those features. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT USE THE SERVICE. THIS MEANS YOU SHOULD STOP ACCESSING IT IMMEDIATELY, CANCEL ANY ACCOUNT YOU MAY HAVE, AND UNINSTALL OR DELETE ANY SOFTWARE CONNECTED TO THE SERVICE FROM YOUR DEVICES.

1.2 Important Notice. Please read carefully. THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS ALSO CONTAIN PROVISIONS REGARDING THE AUTOMATIC RENEWING OF YOUR SUBSCRIPTION. THESE TERMS ALSO CONTAIN A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER, WHICH MEANS YOU AND WE AGREE TO RESOLVE MOST DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL (SEE SECTION 13 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION)). YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS; INSTRUCTIONS FOR OPTING OUT ARE IN SECTION 13 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION) BELOW.

1.3 Language. These Terms were originally drafted in English. If there is any conflict between the English-language version of these Terms and a version translated into another language, the English-language version will prevail.

1.4 Privacy. The Privacy Policy provides information about the processing of personal data in connection with the Service, including how data is collected, for which purposes it is processed, and for how long it is retained. Where a user acts as data controller for certain data processing activities, such user’s privacy policy applies. To the extent that we process personal data on your behalf as a data processor under applicable privacy laws, our Data Processing Addendum applies and is incorporated by reference into these Terms.

1.5 Contact Information. You can contact us via our Help Center. If we have to contact or notify you, we will do so by using the contact or account information you provided to us or via notification within the Service or other reasonable method.

1.6 Modifications to the Terms. We may update these Terms from time to time, in our sole discretion (for example, when we remove or release new features, products, technologies, or services; to comply with legal, regulatory, or contractual requirements; or in response to exceptional or unforeseen circumstances). In such cases, we will take reasonable measures to inform you, in accordance with the significance of the changes performed, for example, by revising the date at the top of the updated Terms, via email or as a pop-up or push notification within the Service. It is your responsibility to review the Terms regularly, and to check the Service for updates to these Terms regularly. Unless otherwise noted, the updated Terms will be effective as of the time at which we post the updated Terms in the Service. By continuing to access or use the Service after updates become effective, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must immediately stop using our Service, uninstall and delete any copies of any software included in the Service in your possession, and cancel your subscription and any account.

2. Eligibility

2.1 Age. THE SERVICE IS NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 16. If you are over the age of 16 but under the legal age of majority in your state of residence, your parent or guardian must review and agree to be bound by these Terms on your behalf and must supervise your use of the Service. YOU MAY NOT ACCESS OR USE THE SERVICE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND YOUR PARENT OR LEGAL GUARDIAN HAS NOT AGREED TO THESE TERMS AND YOUR USE OF OR ACCESS TO THE SERVICE, OR (C) ARE PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICE.

2.2 Legal Entities. If you are using the Service, opening an account, or accepting these Terms on behalf of a legal entity: (a) you agree to these Terms on behalf of yourself and such legal entity, (b) you represent and warrant that you are authorized to agree to these Terms on such entity’s behalf and to bind such entity to these Terms, and (c) all references to “you” throughout these Terms other than this sentence will mean such legal entity.

2.3 Economic Sanctions and Export Controls. You agree to comply with all applicable trade, economic sanctions, and export control laws, including those of the United States, the European Union, the United Kingdom, and any other relevant jurisdictions (“Export Laws”), in connection with your access to and use of the Service. You may not access, use, export, re-export, transfer, or otherwise make available the Service, directly or indirectly: (a) into any country or territory subject to comprehensive trade sanctions or embargoes under applicable Export Laws, or (b) to any individual, entity, or organization listed on any applicable restricted party list maintained by relevant authorities. You state that: (i) you are not located in, organized under the laws of, or ordinarily resident in any country or territory that is the subject of comprehensive sanctions or embargoes under applicable Export Laws; (ii) you are not an individual or entity that appears on any applicable sanctions or restricted parties lists maintained by competent government authorities; and (iii) you will not use the Service for any purposes prohibited by Export Laws and in any manner that would cause any party to be in violation of applicable Export Laws. We reserve the right to suspend or terminate your Subscription Plan or your access to the Service in accordance with section 7, if we determine that such an action is required to comply with applicable Export Laws.

3. Service

3.1. Categories of users. Individuals and entities that use or access the Service fall into one or more of the following four categories:

“Host” which is defined as any individual or legal entity who uses the Service to create, stream, broadcast or otherwise make available Content (as defined in section 5.1).
“Team Member” which is defined as any individual or legal entity that is affiliated with the Host and that uses or accesses the Service through the Host’s account. Team Members include, without limitation, a Host’s admins, stream managers, agencies, employees, consultants, or contractors.
“Guest” which is defined as an individual who has been invited to attend and contribute to a Content.
“Viewer” which is defined as an individual who views Content.

These Terms apply to you regardless of whether you use or access the Service as a Host, Team Member, Guest, or Viewer. Certain provisions of these Terms may apply to specific categories of users, as expressly indicated in the relevant provisions.

3.2 Service License. Subject to your compliance with these Terms and your payment of any applicable fee, we will provide the Service and grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Service during the applicable Subscription Period.

3.3 Restrictions. You may not, and may not allow others to: (a) use the Service in violation of these Terms, your Subscription Plan, applicable law, or the rights of others; (b) sell, sublicense, rent, or otherwise provide the Service to third parties, except as expressly permitted by us; (c) reverse engineer, decompile, or disassemble or otherwise attempt to access the source code or underlying components of the Service, except as legally permitted; (d) copy, frame, translate, merge, adapt, mirror, alter or otherwise modify and create derivative works of, or remove proprietary notices from the Service and incorporate it in any other programs or channels, except as necessary to use the Service as expressly permitted by us; (e) interfere with, disrupt, or degrade the Service, its networks, or security systems, including by introducing malicious code, overloading systems, or bypassing security features or content protections.; (f) use the Service to develop or offer a competing product or service; (g) use any data mining or similar automated or manual data extraction, gathering or scraping methods in connection with the Service; (h) engage in unlawful, abusive, harassing, or fraudulent activities through the Service; (i) send spam, unsolicited messages, chain letters, or similar communications via the Service; (l) import, submit, upload, publish, post, communicate, or transmit to others in any way whatsoever, any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist content; content containing explicit nudity, pornography, or sexually explicit material; graphic content depicting acts of cruelty, violence, assault, or harm towards humans or animals, including imagery of abuse, slaughter, or death; content promoting or facilitating illegal activities, such as drug use, terrorism, or human trafficking; content promoting or facilitating the sale or distribution of illegal or prohibited goods or services, including drugs, weapons, or similar items; content supporting terrorist organizations; content encouraging or promoting self-harm, suicide, or other harmful behaviors; misinformation; content that infringes or violates another person’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity); or content which otherwise violates our content guidelines or policies; (m) misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless or frivolous submissions.

3.4 Service Level. This section applies to you only if you purchase a Subscription Plan. We will make commercially reasonable efforts to provide the Service during the Subscription Period. In any event, we do not guarantee the availability of the Service. You agree that the Service may be disrupted, unavailable, or inoperable, including due to (a) unforeseeable circumstances, or foreseeable circumstances that despite our commercially reasonable measures to prevent are not within our ability to fully prevent (including, but not limited to, widespread internet disruptions, interruption of services by our service providers that was not caused by us, and malicious third-party acts), (b) emergency security measures, or (c) planned downtime of which we will use commercially reasonable efforts to give you notice. We are not responsible for any disruption or loss that you may suffer as a result of any unavailability of the Service in accordance with this section.

3.5 Trials and Betas. We may offer optional access to the Service or features on a free, trial, beta, or early access basis (“Trials and Betas”) and we may perform other product validations techniques. Use of Trials and Betas is permitted only for your internal evaluation during the period set out in the Trials and Betas offer, as applicable. You acknowledge that Trials and Betas may be inoperable, incomplete or include features that are not released outside of Trials and Betas. We offer no warranty, indemnity, service level agreement or support for Trials and Betas and any product validation techniques we may perform. We may, at our sole discretion, terminate your use of Trials and Betas or discontinue any Trial and Betas at any time for any reason.

3.6 Modification to the Service. We have no obligation to provide updates, upgrades, or future versions of the Service. We may update, upgrade, change, suspend, remove or discontinue the Service, or any part of it, its features, functionalities, technical requirements or Subscription Plans at any time. If such update, change, suspension or discontinuation of the Service (or any part, content or feature) would reasonably be expected to have a significant adverse impact on your access or use of the Service, we will notify you and you will be entitled to withdraw from these Terms free of charge during the notice period. Such changes may also result in adjustment to the applicable Subscription Fee, including price increases, which will be effective upon the renewal of your Subscription Plan, if applicable. Your continued use of the Service after any modifications or partial discontinuations take effect indicates your acceptance of those changes. Some services and features may not be available in all countries, in all languages, or in all operating systems.

3.7 Our Reserved Rights. We or our licensors retain and exclusively own all rights, title and interests in and to the Service, including all intellectual proprietary rights, whether registered or not, which include, but are not limited to, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to the Services. We reserve all rights not expressly granted to you under these Terms.

3.8 Feedback. If you provide feedback, comments or suggestions for improvements related to the Service (“Feedback”), you state that you (a) have the right to disclose the Feedback, (b) the Feedback does not violate third-party rights, and (c) the Feedback does not contain the confidential or proprietary information of any third party. You (i) acknowledge that we may have something similar to the Feedback already under consideration or in development, and (ii) assign to us your entire right, title, and interest (including any intellectual property rights) in and to Feedback. To the extent that any right, title, or interest cannot be assigned under applicable law, you hereby grant us an irrevocable, exclusive, royalty-free, perpetual, worldwide license to use, modify, exploit, prepare derivative works from, publish, distribute and sublicense the Feedback without any compensation, and waive any right, title or interest and consent to any action by us, our service providers, successors, and assigns that would violate such right, title, or interest in the absence of such consent. You agree to execute any documents necessary to effect the assignment, waivers, or consents described in this section.

3.9 Usage Data. We may develop, collect, analyze or derive data, insights and information about the provision, use, and performance of the Service and related offerings and we may use such information to maintain, improve, enhance or promote our products and services, and for the purposes of determining billing, measure your usage of the Service, track entitlement consumption, and monitor and enforce compliance with these Terms, including detecting and addressing unauthorized, abusive, or otherwise non-compliant use of the Service (“Usage Data”). We may only disclose Usage Data in accordance with the Privacy Policy.

3.10 AI Services. As part of the Service, we may offer AI-powered functionalities (“AI Services”). Due to the nature of AI Services, the output may not be unique and the AI Services may generate the same or similar output for you or a third party. The AI Services may in some situations produce output that is inaccurate, incorrect, offensive, or otherwise undesirable. You acknowledge and agree that the AI Services are intended to support, and not replace, human judgment and professional decision-making. The accuracy, quality, and compliance with applicable law of the output is also dependent upon the input provided and your compliance with these Terms. You will evaluate the content, nature, tone, and accuracy of any output as appropriate for the applicable use case, including by engaging in human review of the output, and output should not be relied upon as the sole basis for any decision or action. Your input and output are considered your Content under these Terms and, as between you and us, your input and output are yours.

3.11 Advertisement. The Service may contain advertisements. In consideration for your access and use of the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service.

3.12 Third-Party Products. The Service may display, include, provide access to or otherwise make available third-party content (including Content), products, applications, services, websites, database, directories or information (“Third-Party Products”) for our users convenience. These Third-Party Products are governed solely by their own terms and privacy policies. You agree to comply with all applicable third-party terms when using the Service. By using or enabling Third-Party Products, you agree that we may share Content and account data as necessary to support such integration. Integration with any Third-Party Product is provided as a courtesy and based on the then-current Third-Party Product’s service and integration method. We make no representations, promises, or guarantees that such integration will be available throughout the Subscription Period. We reserve the right to change, suspend, or disable access to any Third-Party Products at any time without notice and disclaim any liability for such actions. You acknowledge that the use of the Service may expose you to content, including Third-Party Products, that may be inaccurate, offensive, or otherwise objectionable. You further acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, merchantability, fitness for a particular purpose or any other aspect of such Third-Party Products. We do not warrant or endorse and do not assume and will not have any responsibility for any Third-Party Product. You agree to use the Service and any Third-Party Product at your sole risk.

3.13 YouTube Terms. By using the Service with YouTube, you agree that you are bound by YouTube’s Terms of Service, available at https://www.youtube.com/t/terms. Your access to and use of YouTube through the Service is conditioned on your compliance with YouTube's Terms of Service, in addition to these Terms.

4. Your Account

4.1 Account Information. The use of many core features of the Service requires you to have an account. You must provide only true, current and accurate information when you create your account or provide us with the required information, and you must meet the eligibility requirements under these Terms. You agree to update your registration information to keep it accurate and current. When you choose a username or otherwise create a nickname, you agree not to use any name that is unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist, or any name that infringes or violates another person’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You agree not to impersonate any person or misrepresent your identity or affiliation with any person. You further agree not to purchase, sell, rent, or give away your account, or share your registration information. To the maximum extent permitted under applicable law, you are responsible for anything that happens through your account and all uses of your registration information, including, but not limited to, purchases, whether or not authorized by you.

4.2 Account Security. You may not share or permit others to use your account credentials. If required, you must use a strong password for your account that is unique to the Service and not used by you in any other service. You must maintain the security of your account, and promptly notify us and modify your log-in information if you discover or suspect that someone has accessed your account without your permission.

4.3 Multi-Seat Account. If your Subscription Plan permits it, you may enable more than one individual user to access and use the Service (“Authorized Users”) under your account (“Multi-Seat Account”) during the Subscription Period, subject to the number of seats and other conditions as specified in your Subscription Plan. Each seat on a Multi-Seat Account may only be used by one Authorized User. Subject to the terms of the applicable Subscription Plan, a Multi-Seat Account may allow you to, or require that you, enable one or more administrators to manage, access, and use the account and any associated Content, and to enable or remove Authorized Users. If you purchase a Subscription Plan for a Multi-Seat Account as a legal entity in connection with your business, you may assign seats to your employees, who will be considered your Authorized Users. In this case, seats on your Multi-Seat Account may only be used for activities related to your business or that of your affiliates. You agree that we are not responsible for the use of your Multi-Seat Account or the Service by your Authorized Users, and you are responsible for ensuring that they comply with the Terms. You are also solely responsible for implementing any measures you deem reasonably necessary to safeguard your proprietary or confidential information. We may monitor and enforce Subscription Plan limitations and restrictions, including, but not limited to, the right to charge for overages.

4.4 Inactive Account. You are responsible for keeping your account active. We will consider your account as inactive if you have not accessed your account for 36 (thirty-six) months and you do not have an active Subscription Plan. We may delete your account and the Content associated with it, if it becomes inactive. We are not responsible for any loss of Content resulting from the deletion of an inactive account.

5. Content

5.1 Content. The Service provides features that allow Host and Team Members to upload, create, modify, post, store, share, stream, broadcast and make available to you and others audio-visual content and other materials (collectively, “Content”) and that allow Guests and Viewers to participate in or view such Content.

5.2 Ownership. We do not claim any ownership rights to the Content. You or your licensors own and retain all right, title and interest, including all intellectual property rights, in and to the Content.

5.3 License to StreamYard. In order to allow us to operate, provide you with, and improve the Service and our technologies, we must obtain from you certain rights related to Content that is covered by intellectual property rights. By using the Service you grant us a worldwide, royalty-free, non-exclusive, sub-licensable license to use your Content as necessary for operating, developing, and improving the Service or new technologies or services, all in accordance with the Privacy Policy.

5.4 License to Other Users. By using the Service you grant other users, including Viewers, a right to access, view and use your Content, as enabled by the features of the Service.

5.5. Back-ups and export of Content. You are responsible for regularly backing up any Content saved in your StreamYard library. Your Content will be available to you to export or download depending on your Subscription Plan and only during the specified period indicated, after which we have no obligation to maintain, and we may delete from your StreamYard library, your Content. If you downgrade from a paid to a free Subscription Plan, we will retain your Content for a period of 6 (six) months starting from your last payment of a Subscription Fee, after which we have no obligation to maintain, and we may delete from your StreamYard library, your Content that is more than 12 (twelve) months old.

5.6. Host Responsibilities. Content is organized and administered by Hosts, not StreamYard. If you are a Host, you have full control over the running of any Content. This includes the guest list, when Content is created, how it is configured, and what functionality and third-party integrations are available for use. In particular, you are solely responsible:

if any Content is canceled;
for how any Content is run;
for marketing activities related to the Content;
for promotions, contests, and sweepstakes offered in connection with the Content;
for informing Viewers of any relevant policies and practices and securing agreements and consents with its Guests and Viewers as applicable (such as marketing and personal data consents);
for any content produced or provided by the Host;
for any activities carried out during any Content; and
for monitoring and managing the conduct of Users in connection with any Content.

If you are a Viewer or a Guest, you should contact the Host directly for any of the above matters. If you are a Host, it is solely your responsibility to respond to and resolve any dispute between the you and any Viewer or Guest, as the case may be. As a Host, you may also block or revoke a Viewer or Guest’s access to your Content at any time and in your sole discretion.‍ As a Host, you are solely responsible for your Content, including, but not limited to, for how others interact with or use your Content, for determining how and with whom it is shared or published, and for regularly backing it up. You state that all your Content complies with these Terms and any applicable law, and that you have all the rights and authorizations necessary to grant the licenses in these Terms and to use it on or through the Service. Your Content will be available to you to export or download depending on your Subscription Plan and only during the period specified under the terms of your Subscription Plan, after which we have no obligation to maintain, and we may delete your Content from the Service. We may also delete your Content if your account is inactive in accordance with section 4.4.

5.7 Infringing Content. We may use human and automated means to screen, monitor, detect Content that may violate these Terms or otherwise cause harm to us, our users, or third parties. We also respond to notices of alleged infringement of third-party rights that comply with and satisfy the requirements set out by applicable law. The use of such means does not relieve you of your obligations under these Terms, and we disclaim any liability for their implementation, operation, or effectiveness. We may investigate any suspected violations and, during such investigation, temporarily block access to your Content and suspend your access to the Service in accordance with section 7. Following our investigation, without limiting any other rights or remedies available to us under these Terms or applicable law, we may take, at our discretion, one or more of the following actions: (a) permanently remove or disable access to some or all of your Content, (b) suspend or terminate your account (if any) and your access to any portion or all of the Service in accordance with section 7, and (c) disclose your Content, your registration information, or both, to governmental or public authorities, law enforcement agencies, or third parties, where legally required or reasonably deemed necessary to comply with our legal obligations, protect our interests, or safeguard third parties. For additional details, please refer to our Community Guidelines and Content Moderation Policy.

6. Subscriptions and Automatic Renewals; Fee and Payments

6.1. Subscription Plan. Certain features of the Service may require a paid subscription (“Subscription Plan”) that may automatically renew. Each Subscription Plan may include specific eligibility requirements and permitted uses, as described on the Website’s pricing page. By subscribing, you represent that you meet the applicable eligibility criteria and that your use complies with the stated purpose of the plan. Any material misuse or deviation from the intended purpose may constitute a violation of these Terms and may result in corrective action, including suspension or termination of your plan. Each Subscription Plan is offered for a defined license period (“Subscription Period”) which may vary (for example, with weekly, monthly, or annual terms), as specified at checkout. Upon expiration of the Subscription Period, your Subscription Plan will automatically renew for recurring Subscription Periods of the same duration, unless the Subscription Plan is canceled or not renewed in accordance with these Terms. By purchasing a Subscription Plan that automatically renews (a) you authorize us to charge the applicable Subscription Fee to your designated payment method for your initial Subscription Period and automatically upon each renewal with no further action required by you, and (b) you must keep your payment method up to date in your account settings or by contacting us via our Help Center.

6.2. Renewal. You may elect to not renew a Subscription Plan by logging into your account and canceling your Subscription Plan before the end of the then-current Subscription Period. We may elect to not renew a subscription plan by providing notice to you before the end of the then-current Subscription Period. Expiration of the Subscription Plan due to any non-renewal will be effective as of the end of the then-current Subscription Period. This means you will not receive a refund or credit for the Subscription Fee you already paid for such Subscription Period, and you will continue to be able to use the Service for which you subscribed until the end of such Subscription Period. Unused add-ons, features, allowances or any other items of your Subscription Plan will not be reimbursed and do not rollover to any subsequent Subscription Period or renewal term, if applicable. You can downgrade your Subscription Plan or reduce your add-ons in your account, but such downgrades will not become effective until the end of your current Subscription Period, and you will not receive a refund or credit for such downgrade or reduction of features for the then-current Subscription Periods. Downgrading your Subscription Plan may cause loss of Content, features, or functionality of the Service available to you, and we will not be responsible for any such loss.

6.3 Fees. You agree to pay all fees, including the then-current subscription fees applicable to your Subscription Plan (“Subscription Fee”), and any applicable taxes for the use of the Service in the manner, currency, and on the dates specified at checkout and upon the renewal of your Subscription Plan. We may monitor your use of the Service to ensure compliance with the limitations and restrictions of your Subscription Plan. If your usage exceeds the allowances or limits of your Subscription Plan, you agree that we may charge you additional fees for such overages at the then-current rates, in addition to any other remedies available to us under these Terms or at law.

6.4 Fees and Payment Terms Changes. We may update or change our fees (including, but not limited to, any Subscription Fee) and payment terms at any time at our sole discretion. Changes to fees will not apply retroactively and changes to Subscription Fee will become effective upon the renewal of your Subscription Plan. We may offer and discontinue free trials, promotional subscription fees, or other offers at any time at our sole discretion, including on the basis of automated decision-making. Upon expiration of such offers, you will be charged the applicable Subscription Fee.

6.5 Taxes. All fees are exclusive of taxes, unless otherwise specified by us. We will charge any applicable taxes in connection with the Service or any fees under these Terms as required by law. You may not withhold any taxes or charges or set off any amounts due to us. We reserve the right to withhold the payment of any amounts owed to you under these Terms and dispose of them as required by law, in each case as determined by us, or to seek later payment from you of any amounts on taxes uncollected and unremitted.

6.6 Late or Non-Payments. If we do not receive your timely payment of the applicable Subscription Fee or other due fees, we may, at our discretion, take one or more of the following actions: (a) revoke any credit terms or other payment accommodation which might have been previously afforded to you, (b) accelerate your entire account balance, (c) suspend or terminate your access to your account and to any portion or all of the Service in accordance with section 7, or (d) downgrade your Subscription Plan and charge you the Subscription Fee applicable to the downgraded Subscription Plan (if any), without any responsibility for any loss of features, Content, data, or functionality of the Service caused by such downgrading. If your payment of outstanding Subscription Fee or other fees fails as a result of insufficient funds in or other issues with your designated payment method, we may seek to recover the outstanding amount by, at our discretion, continuing to attempt to charge the outstanding amount to the same designated payment method, or dividing the outstanding amount in smaller amounts and charging such smaller amounts to the same designated payment method, in which case we will use reasonable efforts to notify you.

6.7 Credit Card Payment Fee. Payments with credit cards may be subject to an additional processing fee as specified at checkout.

6.8 Designated Affiliate. Any amounts payable to us under these Terms may be billed, invoiced, charged, and enforced by Bending Spoons US Payflow LLC or by any of our affiliates that may act on our behalf with respect to the Service. You acknowledge and agree that such affiliate is a third-party beneficiary of this section 6 and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

7. Term, Suspension and Termination

7.1 Term. These Terms apply to you and remain in force and effect until terminated in accordance with the provisions of the following sections.

7.2 Termination by You. These Terms are effective until you perform each of the following: (a) cancel all active Subscription Plans in accordance with these Terms, (b) cancel your account, if you have one, (c) stop using the Service, and (d) uninstall and delete any copies of any software included in the Service in your possession. Your termination of these Terms or cancellation of your account does not relieve you from the payment of any outstanding Subscription Fee or other due fees.

7.3 Termination by Us. We may terminate these Terms or your right to access or use the Service at any time (a) for any reason by providing you with prior notice, and (b) without notice where we reasonably consider that you have failed to comply with these Terms or applicable law, or we are unable to continue to provide the Service, including due to technical or business reasons.

7.4 Suspension. We may suspend your account and suspend or restrict access to the Service, without prior notice, if (a) we reasonably believe that you or your Content is in breach of these Terms or the law, (b) we reasonably believe that you or your Content may cause harm to us, our customers or users, or third parties, or (c) we suspect or detect any viruses, malicious code or similar harmful materials connected to your account or Content. We will not be liable to you or any third party for any such suspension. This section does not limit any other rights we may have under these Terms or applicable law, nor does it affect your payment obligations.

7.5 Effect of Termination and Survival. Upon expiration, termination, or cancellation of these Terms for any reason, (a) you must stop using the Service and uninstall and delete all copies of any software included with the Service in your possession, (b) all rights granted to you under these Terms, including all licenses, will immediately terminate, and (c) any outstanding payment will remain due and must be settled without delay. The provisions of these Terms that are by their nature intended to survive termination or expiration of these Terms will so survive.

8. Promotions

8.1 Your Promotion. If you choose to promote, administer, or conduct a promotion, contest, or sweepstakes on, through or using the Services (each such promotion, contest or sweepstakes, “Your Promotion”), you shall carry out Your Promotion in compliance with applicable law. You shall expressly state that Your Promotion is yours and that StreamYard does not sponsor, co-sponsor, endorse or support Your Promotion. Without our prior written consent, you will not associate or affiliate Your Promotion with StreamYard or the Service, or do anything that suggests that StreamYard is involved or has endorsed, sponsored or supported Your Promotion in any way. You will be solely responsible for all aspects of, and expenses related to Your Promotion, including, without limitation, the execution, administration, and operation of Your Promotion, drafting and posting any official rules, selecting winners, issuing prizes, and obtaining all necessary third-party permissions and approvals.

8.2 Promotion Rules. Any sweepstakes, contests, raffles, surveys, games, or similar promotions made available by us through the Service (each, a “Promotion”) may be governed by rules or conditions that are supplemental to these Terms, and which may provide eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you participate in any Promotion, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern and control the relevant Promotion.

9. Confidential Information

9.1 Confidential Information. “Confidential Information” means all information disclosed by one party to the other party in connection with the provision of the Service that either is specifically identified as “confidential” by the disclosing party at the time of disclosure, or under the circumstances surrounding its disclosure, should reasonably be considered to be confidential. Confidential Information includes but is not limited to, our product roadmap, pricing, security practices, company information and beta features. Confidential Information excludes (a) Content, (b) information that is publicly known or generally available to the public, or becomes publicly known or generally available to the public through no fault of the receiving party, (c) information that was in the possession of the receiving party without any confidentiality obligation prior to receipt from the disclosing party, (d) information that is rightfully received by the receiving party from a third party without any confidentiality obligations, or (d) information that is independently developed by the receiving party without use of the disclosing party’s Confidential Information.

9.2 Protection of Confidential Information. Each party shall protect the other party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as each party protects its own Confidential Information, but with no less than reasonable care. Each party may use the other party’s Confidential Information solely to exercise its respective rights and perform its respective obligations in connection with the provision of the Service and, except as expressly permitted in these Terms, may disclose such Confidential Information (a) solely to the employees, advisors, contractors, and representatives who need to know such Confidential Information and who are bound by terms of confidentiality intended to prevent the misuse of such Confidential Information at least as restrictive as those in these Terms; (b) as necessary to comply with an order or subpoena of an administrative agency or court of competent jurisdiction provided that the receiving party gives the disclosing party sufficient notice to enable it to seek an order to limit or prevent such disclosure; or (c) to the extent necessary to comply with applicable law.

10. Disclaimer of Warranties and Limitation of Liability

10.1 Disclaimer of Warranties. You acknowledge and agree that your use of the Service is at your sole risk. To the maximum extent permitted by law, the Service (including, without limitation, any integration with Third-Party Products) is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, and we disclaim all warranties, whether express or implied, including, but not limited to, warranties of merchantability, title, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement. You acknowledge and agree that you are solely responsible for verifying the compatibility of the Service with your own software, hardware, devices, system requirements and operational needs. You acknowledge that we do not warrant that the Service will be uninterrupted, timely, secure, error-free, free from viruses or other malicious software. We disclaim any warranties arising from a course of dealing, course of performance, or usage of trade. No oral or written advice or information given by us or our authorized representatives or obtained though the Service will create a warranty.

10.2 Limitation of Liability. To the maximum extent permitted under applicable law, neither you nor we (and our affiliates, parent companies, officers, agents, employees, partners, licensors, contractors, permitted successors and permitted assigns) will be liable for any consequential, indirect, special, moral, exemplary, or punitive loss or damages, including, without limitation, lost profits, lost sales or business, lost data, business interruption, loss of goodwill, costs of cover or replacement, under any legal theory (whether in contract, tort, negligence or otherwise), arising out of or related to your use or inability to use the Service, unless such damages are caused by our breach of these Terms. Either party’s total liability for all direct damages (other than as may be required by applicable law) will not exceed the greater of (a) the total amount you paid to us (or, as applied to your aggregate liability, payable by you) in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD 100). This limitation does not apply to your payment obligations under these Terms. This amount represents our total aggregate liability to you for all claims arising out of or in connection with your use of the Service, including under or in relation to the Data Processing Addendum. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and us. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SERVICE TO YOU.

11. Indemnification

11.1 Your indemnification. You will indemnify and hold us, our affiliates, our and our affiliates’ directors, officers, agents, employees, partners, licensors, contractors, permitted successors and permitted assignees (“Indemnitees”) harmless against all losses, liabilities, damages, deficiencies, penalties, fines, awards, judgments cost and expenses of whatever kind, including, but not limited to, professional fees and reasonable attorneys’ fee incurred by our Indemnitees, arising out of or connected to a third-party claim or action related to (a) your or your Authorized Users access to or use of the Service; (b) any breach of these Terms by you, your Authorized Users, or any person accessing the Service using your account or device; (c) your or your Authorized Users’ violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); (d) your or your Authorized Users’ violation of any applicable law or regulation; (f) your or your Authorized Users’ conduct in connection with the Service; (g) your Content. You will promptly notify us of any third-party claims subject to indemnification. You agree that we will have the right to control the defense, negotiation, and settlement of any claim subject to indemnification and that you will fully cooperate with us in the defense, negotiation, or settlement of any such claim, and that we will have the right to select counsel handling such defense, negotiation or settlement in our sole discretion.

11.2 Our Indemnification. StreamYard will indemnify you against all damages awarded by a final and non-appealable decision of a court of competent jurisdiction arising out of a third-party claim alleging that the Services infringe any third-party intellectual property right. If all or any part of the Services become or we reasonably believe that are likely to become, the subject of any such infringement claim, we may, at our discretion and expense, (a) procure the right for you to continue using all or part of the Service in accordance with these Terms, (b) replace or modify the allegedly infringing Service so that they are non-infringing, or (c) terminate our agreement and refund you a prorated portion of any Subscription Fees that you may have previously paid to us for the unused Service and Subscription Period. We will have no responsibility or obligation regarding any third-party intellectual property claim if it is caused in whole or in part by (i) use of the Service in a manner not authorized by these Terms or that violates the law, (ii) compliance with designs, data, instructions, or specifications provided by you, (iii) modification of the Service, unless performed or authorized by us, or (iv) the combination, operation or use of the Service with other hardware or software where a Service would not by itself be infringing. The remedies in this section are your sole and exclusive remedies for any third-party claim that the Service infringe intellectual property rights. The indemnification under this section does not apply if you are a non-paying customer or under a free Subscription Plan or for Trials and Betas.

12. Governing Law and Jurisdiction

12.1 Governing Law. These Terms, and any dispute, claim (including non-contractual disputes or claims), or matters arising out of or in connection with these Terms and the Service will be governed by, and construed in accordance with, the laws of the State of New York, U.S., excluding any conflict-of-laws rule or principle that might refer the governance or the construction of these Terms to the law of any other jurisdiction.

12.2 Jurisdiction. If a dispute, claim or matter arising out of or in connection with these Terms is not subject to arbitration pursuant to section 13, you agree that any claim or dispute arising out of these Terms or the Service must be resolved exclusively by a state or federal court located in New York, New York, U.S., and you agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York, U.S. (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes.

13. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND US FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND WE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW IN SECTION 13(K) IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.

a) Claims Subject to this Section. The dispute resolution and binding arbitration terms in this section 13 apply to all Claims between you and us. A “Claim” is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory for which either party wishes to seek legal recourse and that arises from or relates to these Terms or our Services, including any related to privacy or data-security or to the formation, validity, enforceability, revocability, performance, breach, or scope of these Terms or arbitration agreement or any portion of it or arising out of or relating to interpretation or application of these Terms or arbitration agreement.

b) Informal Dispute Resolution Prior to Arbitration. If you have a Claim against us or if we have a Claim against you, you and we must first attempt to resolve the Claim informally in order to try to resolve the Claim faster and reduce costs for both parties. You and we will make a good-faith effort to negotiate the resolution of any Claim for 45 (forty-five) days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

You will send any Claimant Notice to us by certified mail addressed to Bending Spoons Operations S.p.A., Via Nino Bonnet 10, 20154 Milan, Italy, or by email to legal@streamyard.com. We will send any Claimant Notice to you by certified mail or email using the contact information you have provided to us or via reasonably available means of notice if you have not provided certified mail or email contact information to us. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, telephone number, and any relevant purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

The Informal Resolution Period is intended to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or we cannot initiate arbitration before the end of the Informal Resolution Period. If you or we file a Claim in court or initiate arbitration without first providing a compliant Claimant Notice and waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court or arbitrator to enjoin the filing or arbitration and seek damages from the party that has not followed the informal dispute-resolution process to reimburse it for any costs and fees—including arbitration, attorney, and expert fees—incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing-fee deadlines for a Claim shall be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual-property rights of you or us, including any disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use or infringement of your or our intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property but are jointly filed with IP Claims, that are not resolved in accordance with section 13(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury.

d) Binding Individual Arbitration. Subject to the terms of this section, Claims may only be adjudicated by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Claim arose (the “Rules”), as modified by these Terms.

These Terms affect interstate commerce, and the enforceability of this section 13 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy or relief that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or us to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

e) Arbitration Procedure and Location. You or we may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with NAM.

Instructions for filing a demand for arbitration with NAM are available on the NAM website or by emailing NAM at commercial@namadr.com. You will send a copy of any demand for arbitration to us by certified mail addressed to Bending Spoons Operations S.p.A., Via Nino Bonnet 10, 20154 Milan, Italy, or by email to legal@streamyard.com. We will send any demand for arbitration to you by certified mail or email using the contact information you have provided to us or via reasonably available means of notice if you have not provided certified mail or email contact information to us.

The arbitration will be conducted by a single arbitrator in the English language. You and we both agree that the arbitrator will be bound by these Terms.

For Claims in which the claimant seeks USD $10,000 or less, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks more than USD $10,000, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York, unless you are a Consumer and/or the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and we agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award and any judgment confirming it apply only to that specific case; they cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

f) Arbitration Fees. Except for circumstances outlined in section 13(g), each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.

g) Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs and fees incurred by the defending party—including arbitration, attorney, and expert fees—related to a Claim if an arbitrator determines that (i) the Claim was frivolous or (ii) the Claim was filed for any improper purpose, such as to harass the responding party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

h) One Year to Assert Claims. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU OR US AGAINST THE OTHER MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM ARISES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU OR WE WILL NO LONGER HAVE THE RIGHT TO ASSERT THAT CLAIM.

i) Confidentiality. If you or we submit a Claim to arbitration, you and we agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and we agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

j) Coordinated Filings. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings, mass arbitrations or multiple case filings according to the Rules, if and to the extent Coordinated Claims are filed in arbitration as set forth in these Terms. You or we may advise the other of your or our belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter. The following procedures are intended to supplement the Rules, and to the extent the procedures conflict with those Rules, to supersede them.

COORDINATED CLAIMS MAY ONLY BE FILED IN ARBITRATION AS PERMITTED BY THE BELLWETHER PROCESS SET FORTH BELOW. APPLICABLE STATUTES OF LIMITATIONS WILL BE TOLLED FOR CLAIMS ASSERTED AS COORDINATED CLAIMS FROM THE TIME A COMPLIANT CLAIMANT NOTICE HAS BEEN RECEIVED BY A Party UNTIL THESE PLATFORM TERMS PERMIT SUCH COORDINATED CLAIMS TO BE FILED IN ARBITRATION OR COURT.

Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided.

After that point, counsel for the parties will select 20 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its claims and arguments. Each side will select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process. Any remaining Coordinated Claims shall not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this section 13(j).

A single arbitrator will preside over each Coordinated Claim chosen for a bellwether proceeding, and only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator’s fee paid for by us. Counsel for the claimants and the other Party must agree on a mediator within 30 (thirty) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 (thirty) days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

Remaining Claims: If the mediation does not yield a global resolution of all remaining Coordinated Claims, the arbitration requirement in this section 13 will no longer apply to Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Coordinated Claims released from the arbitration requirement must be resolved in accordance with section 12.2.

To the extent you are asserting the same Claim as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.

If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.

A court will have authority to enforce the bellwether and mediation processes defined in this section 13(j) and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

k) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 (thirty) days of the date you first accepted these Terms by providing us with notice of your decision to opt out via email at legal@streamyard.com or by certified mail addressed to Bending Spoons Operations S.p.A., Via Nino Bonnet 10, 20154 Milan, Italy. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. If you opt out of this updated arbitration clause and were previously subject to an arbitration clause in effect prior to this updated arbitration clause, then that prior arbitration clause will remain as part of the agreement between us. If you are a new user and did not previously consent to the prior arbitration clause and you choose to opt-out of this updated agreement, then we will also not be bound by this updated arbitration clause.

l) Rejection of Future Arbitration Changes. You may reject any change we make to section 13 (except address changes) by sending us notice of your rejection within 30(thirty) days of the change via email at legal@streamyard.com or by certified mail addressed to Bending Spoons Operations S.p.A., Via Nino Bonnet 10, 20154 Milan, Italy. Changes to section 13 may only be rejected as a whole, and you may not reject only certain changes to section 13. If you reject changes made to section 13, the most recent version of section 13 that you have not rejected will continue to apply.

m) Severability. If any portion of this section 13 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section 13; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section 13 is found to prohibit an individual claim seeking public injunctive relief (that is, injunctive relief whose primary purpose and effect is to prohibit and enjoin conduct harmful to the general public), that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section 13 will be enforceable. To the extent that you prevail on a Claim and seek public injunctive relief, the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief will be stayed pending the outcome of the merits of any individual Claims in arbitration.

14. General

14.1 Assignment. You will not assign, subcontract, delegate, or otherwise transfer these Terms, or your rights and obligations hereunder, whether voluntarily, involuntarily, or by operation of law (including in connection with a merger, acquisition, change of control, or bankruptcy), without obtaining the prior written consent of one of our authorized representatives, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be void. We may assign these Terms or delegate our obligations hereunder, in whole or in part, without restriction and without your consent, to any person or entity at any time, on condition that the assignment does not diminish the protection of your rights. These Terms will be binding upon the parties and their respective successors and permitted assigns.

14.2 Entire Agreement. These Terms constitute the entire agreement between the parties with respect to their subject matter and supersede all prior or contemporaneous agreements, understandings, and representations relating thereto, except to the extent otherwise set forth in a written agreement executed by duly authorized representatives of both parties that expressly references and modifies these Terms. Any terms contained in any purchase order or other order documentation provided by you will be null, void, and of no effect.

14.3 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions will remain valid and enforceable to the fullest extent permitted by law. Any such invalid, illegal, or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable, consistent, to the extent possible, with the original intent of the parties.

14.4 No Waiver. Any failure or delay by us to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights will only be effective if it is in writing and signed by one of our authorized representatives. The rights and remedies under these Terms are cumulative and are in addition to and not in substitution of any other rights and remedies available at law, in equity or otherwise.

14.5 Equitable Relief. You understand and agree that your breach of these Terms may cause us irreparable harm for which recovery of monetary damages will be inadequate, and that we will therefore be entitled to seek appropriate equitable relief, including, but not limited to, an injunction, to protect our rights under these Terms in addition to any and all remedies available under these Terms or at law, without the necessity of posting a bond or other security.

14.6 Force Majeure. We will not be responsible for a delay or failure to perform obligations under these Terms as a result of any reason or condition beyond our reasonable control (“Force Majeure Events”), including, but not limited to, natural disasters, war, pandemics, labor conditions, acts of terrorism, public utility or internet or telecommunication infrastructure failures, and denial of service attacks. In such cases, the failure or delay will be excused during such Force Majeure Events and the period of performance will be extended to the extent necessary to allow performance of obligations after the Force Majeure Events have been removed.

14.7 Publicity. You hereby grant us a non-exclusive, worldwide, royalty-free license to use your business name and logos solely to identify you as our customer on our Website and in marketing and communications materials. We will use reasonable efforts to cease use and remove your name and logos from our Website and our marketing and communication materials following the termination of your Subscription Plan, except where such removal is not reasonably possible.

14.8 No Third Party Beneficiaries. Except as expressly provided in sections 3.6, 3.7, 6, 11 and 15, there are no third-party beneficiaries to these Terms other than each of our affiliates.

15. Additional Terms for App Marketplaces

When you access, purchase, or download the mobile application from the Apple App Store, you acknowledge and agree that:

These Terms are concluded between you and us, and not with Apple Inc. or its subsidiaries (collectively, “Apple”), and as between us and Apple, we are solely responsible for the Service and the content thereof.
You may only use the application on an Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the terms and guidelines that govern your use of the Apple App Store (including the Apple Media Services Terms and Conditions), except that the application may be accessed and used by other accounts associated with your account from which you made your purchase via Family Sharing or volume purchasing.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.
In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you where applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the application or your possession or use of the app, including, but not limited to: (a) product liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, as between Apple and us, we will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You must comply with applicable third-party terms of agreement when using the app.
Apple is a third-party beneficiary of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

If your usual residence is outside of the European Economic Area, the United Kingdom, or Switzerland, scroll up to find the terms that apply to you.

Terms of Service Terms of Service (European Economic Area, the United Kingdom, and Switzerland)

Last Updated: October 1, 2026

If your usual residence is in the European Economic Area, the United Kingdom or Switzerland, these Terms apply to you.

Introduction

1.1 Binding Agreement. Please read carefully. These Terms of Services (“Terms”) constitute a legally binding agreement between you and Bending Spoons Operations S.p.A. (referred to in these Terms as “we”, “us” or “our”). These Terms govern your access and use of StreamYard and all associated software, websites where these Terms are posted (“Website”), mobile applications, products and services that we make available to you in relation to StreamYard (collectively, together with the Website, the "Service”). By accessing, downloading, installing or using the Service in any manner, you agree to be bound by these Terms, and any applicable guidelines, policies and additional terms as made available to you on the Website or otherwise, including our Community Guidelines. In some cases, specific features of the Service may also be subject to additional terms or third-party licenses, terms, or policies, which apply when you use those features. If you do not agree to all of these Terms, you must not use the Service. this means you should stop accessing it immediately, cancel any account you may have, and uninstall or delete any software connected to the Service from your devices.

1.2 Important Notice. Please read carefully. These Terms contain very important information regarding your rights and obligations, as well as conditions, limitations, disclaimers of warranties, and exclusions that might apply to you. These Terms also contain provisions regarding the automatic renewing of your subscription.

1.6 Modifications to the Terms. We may update these Terms from time to time as we remove or release new features, products, technologies, or services or as a consequence of a business or corporate restructuring or reorganization, or to comply with legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances, or for other justifiable business reasons. In such cases, we will inform you before the updated Terms become effective, by notifying you via email or, where email notification is not possible, via a pop-up or push notification within the Service. It is your responsibility to review the Terms regularly, and to check the Service for updates to these Terms regularly. Unless otherwise noted, the updated Terms will be effective as of the time at which we post the updated Terms in the Service. By continuing to access or use the Service after updates become effective, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must immediately stop using our Service, uninstall and delete any copies of any software included in the Service in your possession, and cancel your subscription and any account.

2. Eligibility

3. Service

3.1. Categories of users. Individual and entities that use or access the Service fall into one or more of the following four categories:

“Host” which is defined as any individual or legal entity who uses the Service to create, stream, broadcast or otherwise make available Content (as defined in section 5.1).
“Team Member” which is defined as any individual or legal entity that is affiliated with the Host and that uses or accesses the Service through the Host’s account. Team Members include, without limitation, a Host’s admins, stream managers, agencies, employees, consultants, or contractors.
“Guest” which is defined as an individual who has been invited to attend and contribute to a Content.
“Viewer” which is defined as an individual who views Content.

3.6 Modification to the Service. We have no obligation to provide updates, upgrades, or future versions of the Service. We may update, upgrade, change, suspend, remove or discontinue the Service, or any part of it, its features, functionalities, technical requirements or Subscription Plans to offer or test new or different features, technologies, or services or to repair or improve, or further develop the Service, or as a consequence of a business or corporate restructuring or reorganization, or to comply with legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances, or for other justifiable or business reasons. If such update, change, suspension or discontinuation of the Service (or any part, content or feature) would reasonably be expected to have a significant adverse impact on your access or use of the Service, we will notify you and you will be entitled to withdraw from these Terms free of charge during the notice period. Such changes may also result in adjustment to the applicable Subscription Fee, including price increases, which will be effective upon the renewal of your Subscription Plan, if applicable. Your continued use of the Service after any modifications or partial discontinuations take effect indicates your acceptance of those changes. Some services and features may not be available in all countries, in all languages, or in all operating systems.

3.10 AI Services. As part of the Service, we may offer AI-powered functionalities (“AI Services”). Due to the nature of AI Services, the output may not be unique and the AI Services may generate the same or similar output for you or a third party. The AI Services may in some situations produce output that is inaccurate, incorrect, offensive, or otherwise undesirable. You acknowledge and agree that the AI Services are intended to support, and not replace, human judgment and professional decision-making. The accuracy, quality, and compliance with applicable law of the output is also dependent upon the input provided and your compliance with these Terms. You will evaluate the content, nature, tone, and accuracy of any output as appropriate for the applicable use case, including by engaging in human review of the output, and output should not be relied upon as the sole basis for any decision or action. Subject to applicable law, we do not warrant that any output will be accurate, complete or fit for a particular purpose, and we disclaim liability for decisions made by you based on the output, except to the extent such liability cannot be excluded under applicable law. Your input and output are considered your Content under these Terms and, as between you and us, your input and output are yours.

3.12 Third-Party Products. The Service may display, include, provide access to or otherwise make available third-party content (including Content), products, applications, services, websites, database, directories or information (“Third-Party Products”) for our users convenience. These Third-Party Products are governed solely by their own terms and privacy policies. You agree to comply with all applicable third-party terms when using the Service. By using or enabling Third-Party Products, you agree that we may share Content and account data as necessary to support such integration. Integration with any Third-Party Product is provided as a courtesy and based on the then-current Third-Party Product’s service and integration method. We make no representations, promises, or guarantees that such integration will be available throughout the Subscription Period. We reserve the right to change, suspend, or disable access to any Third-Party Products at any time to offer new or different features, technologies, or services, to repair, improve or further develop the Service, or as a consequence of a business or corporate restructuring or reorganization, or to comply with legal, regulatory or contractual requirements, or in response to exceptional or unforeseen circumstances, or for other justifiable or business reasons. In such cases, if reasonably necessary or if required under applicable law, we will notify you via email or a pop-up or push notification within the Service. You acknowledge that the use of the Service may expose you to content, including Third-Party Products, that may be inaccurate, offensive, or otherwise objectionable. To the extent permitted by applicable law, we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or fitness for a particular purpose of Third-Party Products that are provided by third parties and are not under our control. We do not warrant or endorse and do not assume and will not have any responsibility for any Third-Party Product.

4. Your Account

4.4 Inactive Account. You are responsible for keeping your account active. We will consider your account as inactive if you have not accessed your account for 36 months (thirty-six) and you do not have an active Subscription Plan. We may delete your account and the Content associated with it, if it becomes inactive. We are not responsible for any loss of Content resulting from the deletion of an inactive account.

5. Content

5.4 License to Other Users. By using the Service you grant other users, including Viewers, a right to access, view and use your Content, as enabled by the features of the Service.

if any Content is canceled;
for how any Content is run;
for marketing activities related to the Content;
for promotions, contests, and sweepstakes offered in connection with the Content;
for informing Viewers of any relevant policies and practices and securing agreements and consents with its Guests and Viewers as applicable (such as marketing and personal data consents);
for any content produced or provided by the Host;
for any activities carried out during any Content; and
for monitoring and managing the conduct of Users in connection with any Content.

6. Subscriptions and Automatic Renewals; Fee and Payments

6.4 Fees and Payment Terms Changes. We may update or change our fees (including, but not limited to, any Subscription Fee) and payment terms to reflect circumstances such as changes to the Service (including the addition of new features), changes in our business, changes in legal, regulatory, or contractual requirements, changes to the economic environment we operate in (such as variations in costs of development, licenses, technical supply, distribution, customer service, or taxes), or other justifiable or business reasons. Changes to fees will not apply retroactively and changes to Subscription Fee will become effective upon the renewal of your Subscription Plan. We will give you 30 days’ prior notice via email or, where email notification is not possible, a pop-up or push notification within the Service of any change in Subscription Fees that apply to you to give you an opportunity to not renew your Subscription Plan before such change becomes effective and in accordance with section 6.2. We may offer and discontinue free trials, promotional subscription fees, or other offers at any time at our sole discretion, including on the basis of automated decision-making. Upon expiration of such offers, you will be charged the applicable Subscription Fee.

6.7 Credit Card Payment Fee. Payments with credit cards may be subject to an additional processing fee as specified at checkout.

7. Term, Suspension and Termination

7.1 Term. These Terms apply to you and remain in force and effect until terminated in accordance with the provisions of the following sections.

7.3 Withdrawal right. If you are a consumer, you may exercise your statutory right of withdrawal within 14 days of purchasing or upgrading a Subscription Plan. You can withdraw by sending us notice or by using the dedicated withdrawal function available in your account settings.

7.4 Termination by Us. We may terminate these Terms or your right to access or use the Service at any time (a) for any reason by providing you with prior notice, and (b) without notice where we reasonably consider that you have failed to comply with these Terms or applicable law, or we are unable to continue to provide the Service, including due to technical or business reasons.

7.5 Suspension. We may suspend your account and suspend or restrict access to the Service, without prior notice, if (a) we reasonably believe that you or your Content is in breach of these Terms or the law, (b) we reasonably believe that you or your Content may cause harm to us, our customers or users, or third parties, or (c) we suspect or detect any viruses, malicious code or similar harmful materials connected to your account or Content. We will not be liable to you or any third party for any such suspension. This section does not limit any other rights we may have under these Terms or applicable law, nor does it affect your payment obligations.

7.6 Effect of Termination and Survival. Upon expiration, termination, or cancellation of these Terms for any reason, (a) you must stop using the Service and uninstall and delete all copies of any software included with the Service in your possession, (b) all rights granted to you under these Terms, including all licenses, will immediately terminate, and (c) any outstanding payment will remain due and must be settled without delay. The provisions of these Terms that are by their nature intended to survive termination or expiration of these Terms will so survive.

8. Promotions

9. Confidential Information

10. Disclaimer of Warranties and Limitation of Liability

10.2 Limitation of Liability. To the maximum extent permitted under applicable law, neither you nor we (and our affiliates, parent companies, officers, agents, employees, partners, licensors, contractors, permitted successors and permitted assigns) will be liable for any consequential, indirect, special, moral, exemplary, or punitive loss or damages, including, without limitation, lost profits, lost sales or business, lost data, business interruption, loss of goodwill, costs of cover or replacement, under any legal theory (whether in contract, tort, negligence or otherwise), arising out of or related to your use or inability to use the Service, unless such damages are caused by our breach of these Terms. Either party’s total liability for all direct damages (other than as may be required by applicable law) will not exceed the greater of (a) the total amount you paid to us (or, as applied to your aggregate liability, payable by you) in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD 100). This limitation does not apply to your payment obligations under these Terms. This amount represents our total aggregate liability to you for all claims arising out of or in connection with your use of the Service, including under or in relation to the Data Processing Addendum. The above limitations or exclusions do not affect your statutory consumer rights in your applicable jurisdiction.

11. Indemnification

12. Governing Law and Jurisdiction

12.1 Governing Law. These Terms, and any dispute, claim (including non-contractual disputes or claims), or matters arising out of or in connection with these Terms will be governed by, and construed in accordance with, the laws of Italy, excluding any conflict of law provisions. If you are a consumer resident in the European Union, these Terms will not affect the mandatory laws and statutory consumer rights of your country of residence.

12.2 Jurisdiction. Any controversy or claim in relation to the application or interpretation of these Terms or arising out of your use of the Service will be submitted to the exclusive jurisdiction of the Court of Milan, Italy. If you are a consumer resident or domiciled in the European Union, you may submit your claim to the court of your place of residence or domicile.

13. General

13.1 Assignment. You will not assign, subcontract, delegate, or otherwise transfer these Terms, or your rights and obligations hereunder, whether voluntarily, involuntarily, or by operation of law (including in connection with a merger, acquisition, change of control, or bankruptcy), without obtaining the prior written consent of one of our authorized representatives, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be void. We may assign these Terms or delegate our obligations hereunder, in whole or in part, without restriction and without your consent, to any person or entity at any time, on condition that the assignment does not diminish the protection of your rights. These Terms will be binding upon the parties and their respective successors and permitted assigns.

13.2 Entire Agreement. These Terms constitute the entire agreement between the parties with respect to their subject matter and supersede all prior or contemporaneous agreements, understandings, and representations relating thereto, except to the extent otherwise set forth in a written agreement executed by duly authorized representatives of both parties that expressly references and modifies these Terms. Any terms contained in any purchase order or other order documentation provided by you shall be null, void, and of no effect.

13.3 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions will remain valid and enforceable to the fullest extent permitted by law. Any such invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable, consistent, to the extent possible, with the original intent of the parties.

13.4 No Waiver. Any failure or delay by us to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights will only be effective if it is in writing and signed by one of our authorized representatives. The rights and remedies under these Terms are cumulative and are in addition to and not in substitution of any other rights and remedies available at law, in equity or otherwise.

13.5 Equitable Relief. You understand and agree that your breach of these Terms may cause us irreparable harm for which recovery of monetary damages will be inadequate, and that we will therefore be entitled to seek appropriate equitable relief, including, but not limited to, an injunction, to protect our rights under these Terms in addition to any and all remedies available under these Terms or at law, without the necessity of posting a bond or other security.

13.6 Force Majeure. We will not be responsible for a delay or failure to perform obligations under these Terms as a result of any reason or condition beyond our reasonable control (“Force Majeure Events”), including, but not limited to, natural disasters, war, pandemics, labor conditions, acts of terrorism, public utility or internet or telecommunication infrastructure failures, and denial of service attacks. In such cases, the failure or delay will be excused during such Force Majeure Events and the period of performance shall be extended to the extent necessary to allow performance of obligations after the Force Majeure Events have been removed.

13.7 Publicity. You hereby grant us a non-exclusive, worldwide, royalty-free license to use your business name and logos solely to identify you as our customer on our Website and in marketing and communications materials. We will use reasonable efforts to cease use and remove your name and logos from our Website and our marketing and communication materials following the termination of your Subscription Plan, except where such removal is not reasonably possible.

13.8 No Third Party Beneficiaries. Except as expressly provided in sections 3.6, 3.7, 6, 11 and 14, there are no third-party beneficiaries to these Terms other than each of our affiliates.

14. Additional Terms for App Marketplaces

When you access, purchase, or download the mobile application from the Apple App Store, you acknowledge and agree that:

These Terms are concluded between you and us, and not with Apple Inc. or its subsidiaries (collectively, “Apple”), and as between us and Apple, we are solely responsible for the Service and the content thereof.
You may only use the application on an Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the terms and guidelines that govern your use of the Apple App Store (including the Apple Media Services Terms and Conditions), except that the application may be accessed and used by other accounts associated with your account from which you made your purchase via Family Sharing or volume purchasing.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.
In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you, where applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the application or your possession or use of the app, including, but not limited to: (a) product liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, as between Apple and us, we will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You must comply with applicable third-party terms of agreement when using the application.
Apple is a third-party beneficiary of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Terms of Service

If your usual residence is in the European Economic Area, the United Kingdom, or Switzerland, scroll down to find the terms that apply to you.

Terms of Service (US and Rest of the World)

Introduction

2. Eligibility

3. Service

4. Your Account

5. Content

6. Subscriptions and Automatic Renewals; Fee and Payments

7. Term, Suspension and Termination

8. Promotions

9. Confidential Information

10. Disclaimer of Warranties and Limitation of Liability

11. Indemnification

12. Governing Law and Jurisdiction

13. Dispute Resolution; Binding Arbitration

14. General

15. Additional Terms for App Marketplaces

Terms of Service Terms of Service (European Economic Area, the United Kingdom, and Switzerland)

Introduction

2. Eligibility

3. Service

4. Your Account

5. Content

6. Subscriptions and Automatic Renewals; Fee and Payments

7. Term, Suspension and Termination

8. Promotions

9. Confidential Information

10. Disclaimer of Warranties and Limitation of Liability

11. Indemnification

12. Governing Law and Jurisdiction

13. General

14. Additional Terms for App Marketplaces

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