Last updated: 27 March 2023
These Terms of Service govern any Contract entered into and Your use of all technology and the Services from Flowplayer AB ("Flowplayer"). By using the Services, You agree, without limitation, to be bound by and to comply with these Terms of Service.
Table of contents
- 1. DEFINITIONS
- 3. ACCEPTANCE AND ACCURACY
- 4. GRANT OF LICENSES
- 5. SCOPE OF USE
- 6. AUTOMATIC UPDATES/COMMUNICATION FEATURES
- 7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
- 8. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
- 9. FEES/TAXES
- Plan limits
- EXPLORER PLAN
- 10. WARRANTY DISCLAIMER
- 11. LIMITATION OF LIABILITY
- 12. INDEMNITY
- 13. ASSIGNMENT
- 14. PUBLICITY AND MARKETING
- 15. GOVERNING LAW; DISPUTE RESOLUTION
- 16. ENTIRE AGREEMENT
The Flowplayer service (referred to herein as the "Services") and the Flowplayer website (referred to herein as the "Website") are owned by Flowplayer AB.
"You" or "Your" means the individual, corporation or other entity that (a) has entered into a Contract, (b) has received a Demo Account through Flowplayer or one of its agents, and/or (c) otherwise rightfully use the Services or any portion thereof. The term "You" also implies users and other individuals authorized by you as consistent with these Terms of Service to use the Service. Nothing herein permits You to use the Services without first obtaining the necessary rights herein and in any Contract.
You confirm that you are at least 18 years of age or that You possess legal parental or guardian consent, and that You are fully able to be bound by and comply with these Terms of Service. In any case, you confirm that you are over the age of 18, as the Flowplayer Website and Services are not intended for children under the age of 18. If you are under 18 years of age, then please do not use the Flowplayer Website or Services --- there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
3. ACCEPTANCE AND ACCURACY
By using the Services and/or the Website, you agree, without limitation, to be bound by, and to comply with, these Terms of Service. Although we attempt to periodically update information on the Website, the information, materials, and services provided on or through the Website may occasionally be inaccurate, incomplete, or out of date. Flowplayer does not have a duty to update information on the Website, and Flowplayer will not be liable for any failure to update such information.
Flowplayer make no representation as to the completeness, accuracy, or correctness of any information on the Website. It is Your responsibility to verify any information available on the Website before relying upon it.
In addition, individual members of the Flowplayer team may from time-to-time post blogs under their own byline on the Website. The views expressed in such blog posts are the author's and do not necessarily reflect the views of Flowplayer.
4. GRANT OF LICENSES
(b) Content. You hereby grant Flowplayer a worldwide, royalty-free, non-exclusive, sublicensable license to use any content uploaded by You in the Services (the "Content") as reasonably necessary in connection with Flowplayer's provision of the Services including, without limitation, the right to: (i) secure, transcode, encode, reproduce, host, cache, route, reformat, and analyze the Content and create algorithms and reports based on access to and use of the Content by other users; (ii) use, exhibit, broadcast, deliver, publish, publicly display, publicly perform, distribute, promote, copy, store, and/or reproduce (in any form) the Content on or through the Services; and (iii) utilize Content to test Flowplayer's internal technologies and processes.
5. SCOPE OF USE
(a) Responsibility for Content. You are solely responsible for all matters arising out of or in connection with the Content including, without limitation, ensuring that the Content does not violate the AUP.
(b) Content. You are responsible for all Content (regardless of whether provided by You and/or by third parties on Your behalf) including without limitation for any damages that may result from errors or omissions, false or defamatory material, and/or material that is offensive, indecent, objectionable, infringing, and/or illegal. Under no circumstances will Flowplayer be liable in any way for Content or for any loss or damage of any kind incurred by You or any third party as a result of the use or publication of any Content posted, delivered, streamed, or otherwise transmitted via in or connection with the Services. Without limiting the foregoing, You acknowledge that Flowplayer will not be responsible for preventing or identifying infringement of intellectual property rights or other violations due to the Content, and that Flowplayer s assume no responsibility to edit, review, or oversee Content submitted, uploaded, distributed, retrieved, or viewed in connection with the Services. For any infringement or suspected infringement of intellectual property rights, You must immediately remove the infringing Content from the Services.
(c) Third Party Materials/Products/Services. Any third party products, content, services and/or links displayed on or through the Services are not referrals or endorsements of any product, service or provider; any and all such offerings are displayed solely for convenience only. The Services may in some cases be permitted for use with third party components or services ("Third Party Services") that may be subject to their own, separate license agreements or terms, and You assume all risks and liabilities associated with the use of any such Third Party Services.
(d) You acknowledge and agree that the technical processing and transmission of the Services and/or Content may involve transmissions over various networks and that changes by You may be required to conform and adapt to technical requirements of connecting networks or devices.
(f) Content Preservation and Disclosure. You expressly acknowledge and agree that Flowplayer may, but is not required to, preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable or necessary to: (i) comply with legal inquiries; (ii) enforce a Contract, including without limitation these Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; and/or (iv) protect the rights, property, or personal safety of Flowplayer or its suppliers, other users and/or the public.
(g) Demonstration Accounts. At Flowplayer's discretion, You may receive an account that may include limited access to test certain features and functionality of the Services ("Demo Account"). Flowplayer is permitted to suspend or terminate the Demo Account in its sole discretion at any time in the event Flowplayer reasonably believes in its sole discretion that You are violating these Terms of Services. At the end of any demonstration period as determined by Flowplayer, You are responsible for paying applicable fees for use of the Services pursuant to the payment terms and prices designated in a separate agreement between You and Flowplayer (or one of its agents) or, if no such agreement has been executed, then pursuant to Flowplayer's then-current standard pricing schedule.
6. AUTOMATIC UPDATES/COMMUNICATION FEATURES
The Services consist of the most current versions, including without limitation automatic general release updates to the Services such as bug fixes, patches, enhanced functions, and/or security related patches. You agree to accept and/or migrate (as applicable) to any and all new versions of the Services, or any portion thereof, that Flowplayer may implement and/or otherwise provide to You, and Flowplayer shall have no obligation to provide or support any prior versions of the Services or portions thereof.
7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
You own all right, title and interest in and to Content (excluding any content that might be provided by Flowplayer) including associated intellectual property rights under copyright, trademark and/or other applicable domestic and international laws. Flowplayer own all right, title and interest in and to the Services (including any content that might be provided by Flowplayer) including associated intellectual property rights under copyright, trade secret, patent, trademark and/or other applicable domestic and international laws. In no event shall the Services (or any portion thereof) or any content (including without limitation advertisements) that might be provided by Flowplayer be deemed transferred with ownership to You. Any and all rights not expressly granted by Flowplayer are reserved to Flowplayer.
Flowplayer is not required to accept unsolicited feedback. If You provide feedback about the Services to Flowplayer, You acknowledge and agree that Flowplayer is entitled to use such feedback without limitation, in Flowplayer's sole discretion, without any obligation to reimburse You.
8. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Flowplayer respects the intellectual property of others. Flowplayer does not, however, independently confirm that all Content made available through the Services is provided by a valid rights holder. In the event that Flowplayer becomes aware that Content published on or through the Services has been provided by a person who is not a valid rights holder, Flowplayer may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Flowplayer the following information:
an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property rights;
a description of the copyrighted material or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located or found on the Website or in the Services;
your address, telephone number and, if available, an email address;
a statement by you that you have a good faith belief that the disputed use is not authorized; and
a statement by you that the above information provided by you in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Claims of copyright or other intellectual property infringement should be sent to Flowplayer by mail or email as follows:
Regeringsgatan 29, 5th Floor
111 53 Stockholm, SWEDEN
By Email: firstname.lastname@example.org
(a) Fees; Payment Terms. You shall timely pay Flowplayer the fees designated in the Contract. You agree to purchase the Services indicated in each applicable Contract during the contract term stated therein and any renewal terms. All recurring fees, including without limitation, as applicable to the Contract: platform fees, support fees, and bundled use allotment fees (e.g. for transcoding, streaming, delivery, processed content, storage, etc.) are due and payable in advance, all usage-based fees (e.g., for transcoding, streaming, delivery, processed content, storage, etc. in lieu of or in excess of the prepaid allotments, as applicable) are due and payable monthly in arrears, and all non-recurring fees (e.g. pursuant to statement(s) of work) are due and payable on the effective date of the order unless otherwise stated in a particular statement of work. Any unused portions of included and/or bundled use allotments that may be stated in the Contract (including without limitation use allotments relating to streams, transcoding, processed content, and/or delivery) will expire at the end of each time increment stated in the Contract and will not rollover to subsequent timeframes or time increments.
If a payment fails multiple times, the Services will be deactivated and all Content unpublished. You will be notified about this by email and have another 7 days to contact us and solve the issue. After that period, all Content will be deleted. Flowplayer will not be held responsible for any damage this might cause to your business, or any costs for reuploading Content afterwards.
(b) Taxes. You are solely responsible for all applicable sales, use, import or export taxes, duties, fees, value-added taxes (VAT), surcharges, tariffs, or other amounts attributable to the Services and exploitation of the Content under the Contract and any withholdings of the same required by Flowplayer will be invoiced back to You.
(c) Fees not paid when due shall be subject to a late fee equal to the lesser of two (2%) percent of the unpaid balance per month or the highest monthly rate permitted by applicable law. Flowplayer may, with or without notice, suspend access to the Services and/or terminate the Contract if You fail paying all or any portion of the fees when due. In the event that a Contract is terminated prior to the end of the contract term for any reason other than an material breach by Flowplayer which Flowplayer has not cured, all committed fees for the contract term shall become immediately due and owing in full. In addition, You will be liable for reasonable collection costs incurred by Flowplayer to collect sums due and owing under the Contract. After the expiration of the contract term of a Contract or renewal thereof (as applicable), the fees shall be subject to Flowplayer's standard pricing changes.
Overage prices from 21-05-2021. Until further notice accumulated overage costs will be automatically charged when exceeding \$50, or at next plan renewal.
- Per month
- Content plays
- Plays overage
- 5 USD/1k
- 5 USD/1k
- Encoding input minutes
- 60 min
- 160 min
- Encoding input overage
- 0.99 USD/min
- 0.99 USD/min
- 5 GB
- 200 GB
- Storage overage
- 0.5 USD/GB
- 0.035 USD/GB
- Streaming limit
- 10 GB
- 500 GB
- Streaming overage
- 0.5 USD/GB
- 0.30 USD/GB
- Ad Plays
- Not included
- included in plays
- Not included
- Not included
- DRM encoding
- AI auto transcriptions
When the trial usage limits are reached, you can upgrade to a paid plan to continue using the service.
* If not otherwise explicitly specified in the Contract, the monthly included quota for encoding input minutes is 240.
** If not otherwise explicitly specified in the Contract, the monthly limit for livestreaming is one (1) concurrent stream and one hundred (100) live streaming hours.
Trial accounts are limited to 3 video uploads.
In order to deliver high performance, requests to the Flowplayer Platform API (accessed via api.flowplayer.com) may not exceed one hundred twenty (120) requests per minute. This number reflects a normal use by a customer, the excess of which would be abusive. Flowplayer reserves the right to immediately suspend accounts that exceed the maximum API requests set forth herein and to terminate, block and/or blacklist such accounts if Flowplayer believes in its reasonable discretion that such excess is due to the customers' abusive behavior.
The explorer plan is made to ensure customers access to test the Services' capabilities in a non production state. The explorer plan is free with limitations as per the table in Section 9. Flowplayer retains the right at any time to modify or discontinue the explorer plan without notice and leaves no guarantees of support or functionality since it is provided as a test plan. Customers using the explorer plan may not modify or customize any logo or limits that appears in the Services (or other equivalent action) on Content.
Flowplayer explicitly retains the right to terminate and delete any account deemed inactive or used in an abusive way. Including but not limited to accounts created by bots or automated scripts.
The monthly boundaries for the explorer plan are:
Up to 10 000 video plays (stream starts)
Up to 250 GB of video streaming
Up to 25 GB of storage
Up to 1 minute of video encoding per uploaded asset
Up to 60 asset uploads per month
10. WARRANTY DISCLAIMER
You agree that your use of the Flowplayer Website and/or Services shall be at your sole risk. To the fullest extent permitted by law, Flowplayer disclaim all warranties, express or implied, in connection with the Website and/or Service and Your use thereof. Flowplayer makes no warranties or representations about the accuracy or completeness of the Website or Services and assumes no liability or responsibility for any (i)property damage (ii) unauthorized access to or use of Flowplayer's servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from Flowplayer's Website or Services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Flowplayer's Website or Services by any third party, and/or (v) any errors, mistakes or inaccuracies in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Website or the Services. Flowplayer does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party.
11. LIMITATION OF LIABILITY
Flowplayer's liability to You is limited to direct damage due to negligence and may never exceed fifty (50) percent of the fees paid by You for the Services twelve (12) months immediately preceding the damaging event. Flowplayer is under no circumstances liable for any indirect damage, including but not limited to, loss of profits. This limitation of liability shall not apply in the event of Flowplayer's gross negligence or intent.
You shall defend, indemnify and hold harmless Flowplayer and its Agents and Suppliers and their respective officers, employees, licensors, agents, and affiliates, and all successors in interest to the foregoing, from and against any and all third party claims, damages, costs and expenses (including but not limited to attorney's' fees) arising from: (i) your use of the Website and/or the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.
You may not transfer or assign your rights and obligations under these Terms of Service without Flowplayer's prior consent. Flowplayer is however free to transfer or assign its rights and obligations under these Terms of Service without restriction.
14. PUBLICITY AND MARKETING
Flowplayer shall be permitted to refer to You as a customer and use Your logo and trademarks for Flowplayer's promotional and marketing.
15. GOVERNING LAW; DISPUTE RESOLUTION
16. ENTIRE AGREEMENT
In the event of any conflict between or among any Contract executed by You and Flowplayer and these Terms of Service, the Contract shall prevail to the extent of such conflict and all other terms and conditions shall continue to remain in full force and effect.
If any provision of a Contract, including without limitation these Terms of Service is held unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or the remaining provisions.
Notwithstanding anything to the contrary in these Terms of Service, if You procure the Services through one of Flowplayer's agents instead of directly from Flowplayer, then Flowplayer has no direct or indirect liability to You in connection with the Services or otherwise regardless of whether Flowplayer hosts the Services.
You and Flowplayer are independent contractors and no joint venture, partnership, employment, agency or exclusive relationship exists between You and Flowplayer as a result of the Contract and/or Your use of the Services.
Any written notice required hereunder may be transmitted via email to the primary email contacts provided or other official email contacts available to a party if such email contacts are no longer relevant due to employee departure or otherwise.
A Contract may only be modified by written amendment signed by authorized representatives of both You and Flowplayer. All waivers must be made in writing and the failure of You or Flowplayer to enforce any right or provision in a Contract or in these Terms of Service shall not constitute a waiver of such right or provision.
Flowplayer shall not be responsible for any failure to perform, or delay in performing any of its obligations under a Contract or these Terms of Service to the extent that such a failure or delay results from force majeure events beyond its reasonable control, including but not limited to, natural disasters, acts of the government, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like. The Contract, including without limitation these Terms of Service, shall inure to the benefit of and be binding upon Flowplayer's or Your respective permitted successors and assigns.