Terms of Service Agreement
Streamforge Inc. (“Streamforge”, “we”, “us”,or “our”) is a technology company specializing in influencer marketingfor the gaming industry. Using Artificial Intelligence (“AI”) technologyand data analysis, Streamforge helps brands, mobile, and video game publishersand developers (“Companies”) to market and promote their products throughgaming content creators (“Content Creators”) on streaming platforms suchas Twitch, YouTube, TikTok, Instagram, X and Steam. In this context,Streamforge’s online platform (the “Platform”) serves as a marketplace andhub to connect Companies and Content Creators for the purpose of showcasing theCompanies’ video games titles. The services provided by Streamforge on thePlatform to the Content Creators are collectively referred to in this document as(the “Services”).
Access and use of the Platform by the Content Creators aregoverned by these Terms and Conditions.
By accessing our Platform on your computer or other device(s)as a Content Creator, you agree to be bound by these Terms and Conditions.
These Terms and Conditions contain provisions that havelegal implications and constitute a legal contract between you, as a ContentCreator, and Streamforge. You understand that by checking the “agree” boxfor these Terms and Conditions and/or any other forms presented to you on the Platform,you are agreeing to these Terms and Conditions and that such action is theequivalent of a signature.
IF YOU DO NOT WISH TO BE BOUND BY ANY OF THESE TERMS ANDCONDITIONS, YOU MAY NOT USE THE PLATFORM OR THE SERVICES.
1. LEGALRELATIONSHIP
As a Content Creator, you have direct access to the Platformand the Services for your personal use. As such, your access and use of thePlatform and Services are governed by these Terms and Conditions.
The Content Creators rights and obligations vis a vis Streamforge,and Streamforge’s rights and obligations vis a vis the Content Creators areexclusively set out in these Terms and Conditions and in applicable laws whoseeffect cannot be legally waived.
In addition, the terms of each individual engagement ofthe Content Creators, (hereinafter referred to as “Sponsorship”), shallbe detailed on the Platform. Content Creators will access it through theirpersonal dashboard to review the specific terms and conditions associated witha given Sponsorship and formally agree to those terms.
Streamforge acts solely as a platform facilitating theconnection between Content Creators and Companies. Under no circumstances shallStreamforge be considered a party to the Sponsorships rendered by ContentCreators to Companies. We do not assume any responsibility or liability for anyactions, product, and content concerning the relationship between you as aContent Creator and the Companies.
2. USAGE RIGHTS
Streamforge grants you a limited, non-exclusive, non-transferableright to access and use the Platform and the Services solely for your personaluse and only as permitted under these Terms and Conditions.
We reserve the right, in our sole discretion, to deny orsuspend your access and use of the Platform or the Services to anyone. Youagree that you will not, and will not attempt to: (a) impersonate any person orentity, or otherwise misrepresent your affiliation with a person, organizationor entity; (b) use the Platform or the Services in violation of any applicablelaw; (c) reverse engineer, disassemble, decompile, or translate any software orother components of the Platform or the Services; (d) access the Platform orthe Services for the purpose of building competing platform or service; (e)distribute viruses or other malware through the Platform; or (f) otherwise usethe Services or the Platform in any manner that exceeds the usage right grantedabove.
Furthermore, you shall as a Content Creator: (a) only post or publishcontent that are your original work and creation, or content on which you havethe sole and exclusive right to post or publish; (b) not post or publish any content thatpromotes bigotry, hate speech, racism or discrimination based on race, gender,religion, nationality, disability, sexual orientation or age or other protectedgrounds under applicable human rights legislation;(c) not post or publish any third-party intellectual property, including butnot limited to, content, photographs, trademarks, logos, music or celebrity names,photos, images, voices or other likenesses of an individual (whether famous ornot) without the prior written authorization of the individual or owner, asapplicable, which authorization you may be required to provide evidence of to Streamforge,in a form satisfactory to Streamforge; (d) notmake any statements that are disparaging, negative, defamatory or potentiallydamaging in any way about Streamforge or its Services, about the Companies orany third party; (e) refrain from violating the terms and conditions of anythird-party platforms in connection with your Sponsorships.
3. CONTENT
The usage rights of any content created by ContentCreators in the course of a Sponsorship will be determined and specified inaccordance with the terms and conditions of each Sponsorship.
4. USER ACCOUNT
To initiate your use of the Services, you are required to createan account ("Account") directly through the Platform. Thisprocess entails providing essential contact information, including your name,email address, and telephone number, and selecting a password (collectivelyreferred to as "Account Information"). To register for and usethe Services, you must have reached the age of majority in your jurisdiction (orbe represented by your legal tutor) or else, you may not register to use the Services.You agree that the Account Information that you provide to us, including duringregistration as well any information you communicate through the Platform, willbe true, accurate, current, and complete. You may not transfer or share yourAccount password with anyone. You are responsible for maintaining theconfidentiality of your Account password and for all activities that occurunder your Account. Streamforge reserves the right to take any action as itdeems necessary or reasonable regarding the security of the Platform and yourAccount Information. In no event and under no circumstances will Streamforge beheld liable to you for any liabilities or damages resulting from or arising outof your use of the Services, or your use or release of your Account Informationto a third party.
5. PAYMENT FORSERVICES
Your access to and use of the Services are extendedwithout charge. Any payment from Companies, in consideration of the servicesrendered as a Content Creator within the scope of a Sponsorship, will beprocessed through the Platform via a third party payment provider. Suchpayments are subject to the terms and conditions of such third-party paymentprovider. You agree to comply with those third-party payment provider terms andconditions made available to you as part of our Services. Additionally, youagree and understand that we are not responsible for such third party paymentprovider, and you use such third-party at your sole risk.
6. PRIVACY
We acknowledge the paramount importance of safeguardingyour privacy and the confidentiality of your personal information (“PersonalInformation”). To inform you about our privacy and protection practiceswith respect to your Personal Information, including how we collect, use anddisclose your Personal Information, please refer to our Privacy Policy.
7. SERVICE ANDPLATFORM AVAILABILITY
Streamforge uses reasonable efforts to make the Servicesavailable 24 hours a day, 7 days a week. However, there may be occasions whenthe Services will not be accessible for maintenance work or due to reasons thatare beyond Streamforge’s control, such as failures in telecommunicationnetworks outside of Streamforge’s organization.
Streamforge may, from time to time, modify and update theServices and the Platform and you agree that Streamforge will not be liable toyou or anyone else if Streamforge does so, except as may be set forth in aseparate agreement.
You are responsible for obtaining and maintaining anyequipment or ancillary services needed to access mobile and tablet Platform andyou are responsible for all applicable fees incurred while accessing such applications,such as fees from your mobile carrier, overage charges, etc.
8. PROPERTY
The Platform and its entire content, features andfunctionality (including but not limited to all information, software, text,displays, images, and the design and user interface), are owned by Streamforge,its licensors or other providers of such material and are protected bycopyright, trademark, patent, trade secret and other intellectual property orproprietary rights laws. You must not reproduce, distribute, modify, createderivative works of, publicly display, publicly perform, republish, download,store or transmit any of the material on the Platform except as generally andordinarily permitted through the Platform according to these Terms andConditions.
The trademarks and logos displayed in the Platform (the “Marks”)are the property of Streamforge or third-party rights holders. You are notpermitted to use the Marks without the prior consent of Streamforge or therights holders. The Streamforge logos are trademarks of Streamforge.
9. OPTIMIZATION
We use user information, including behavioral metrics, andother non-personally identifiable information to operate, improve, and maintainour Platform and the Services, to develop new products and services.
10. TERMINATION
You may deactivate your Account and terminate yourregistration on the Services at any time, for any reason as follows:
Content Creators may have their Account terminated bycontacting Streamforge; Streamforge may also suspend or terminate your use ofthe Services and/or your Account should you breach any provision of these Termsand Conditions. Subject to applicable law, Streamforge reserves the right tomaintain, delete or destroy all communications, materials and data exchanged orstored through the Services pursuant to its internal record retention policies.After such termination, Streamforge will have no further obligation to providethe Services.
11. DISCLAIMER OFWARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM OR THE SERVICESIS AT YOUR SOLE RISK. BOTH THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU,AS CONTENT CREATOR ON AN "AS IS" AND "AS AVAILABLE" BASIS. STREAMFORGEEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION,QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
12. LIMITATION OFLIABILITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLELAW, IN NO EVENT WILL STREAMFORGE OR ITS OFFICERS, EMPLOYEES, DIRECTORS,PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANYINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDINGBUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATAOR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORMOR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT(INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
STREAMFORGE’S AND ITS AFFILIATE’S AGGREGATE LIABILITYUNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE LIMITED TO ONEHUNDRED CANADIAN DOLLARS ($100) OR THE AMOUNT PROVIDED IN A SEPARATE AGREEMENT(IF ANY), WHICHEVER IS HIGHER. THIS LIMITATION WILL APPLY EVEN IF STREAMFORGE HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILUREOF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OFLIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TOYOU, SO SOME OR ALL OF THE FOREGOING MAY NOT APPLY TO YOU.
13. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Streamforge,its officers, directors, employees, agents, subsidiaries, affiliates,licensors, and suppliers, harmless from and against any claim, actions,demands, liabilities and settlements, including without limitation reasonablelegal and accounting fees, resulting from, or alleged to result from, yourviolation of these Terms and Conditions.
14. MODIFICATIONOF THESE TERMS AND CONDITIONS
Streamforge may change, add, or delete portions of theseTerms and Conditions in the future. When making important changes to theseTerms and Conditions, we will inform you in advance of such changes becomingeffective and you will be presented with the updated version of the Terms andConditions for acceptance upon your next connection to the Platform or theServices. In any event, continued use of the Platform and/or the Services followingnotice of any such changes will indicate your acknowledgement of such changesand agreement to be bound by the revised Terms and Conditions, inclusive ofsuch changes.
15. APPLICABLE LAWAND DISPUTE RESOLUTION
These Terms and Conditions and your use of the Platformand the Services shall be governed by the laws of the Province of Québec,Canada, without giving effect to the principles of conflict of laws. Anydispute arising under or relating in any way to these Terms and Conditions willbe resolved exclusively by the competent courts located in the judicialdistrict of Montreal, Canada, except that either party may bring a claimrelated to intellectual property rights, or seek temporary and preliminaryspecific performance and injunctive relief, in any court of competentjurisdiction, without the posting of bond or other security.
16. MISCELLANEOUS
The Services are controlled, operated and administered by Streamforgefrom its offices in Montreal, Quebec, Canada. If you access and use the Servicesfrom a location outside Canada, then you are responsible for compliance withall local laws.
Nothing contained in these Terms and Conditions should beregarded or construed as creating any relationship (whether by way ofemployer/employee, agency, mandatary, attorney, joint venture, association, orpartnership) between Streamforge and Content Creators other than as independentcontractors as set out herein. Neitherparty has authority or power to bind the other party or to contract in the nameof, or create a liability against, the other party in any way or for anypurpose.
The Terms and Conditions constitute the entire agreementbetween Streamforge and you with respect to your access to or use of the Platformand the Services. These Terms and Conditions supersede any prior agreementsbetween you and Streamforge on such subject matter.
You may not assign or otherwise transfer your rights andobligations pursuant to these Terms and Conditions without Streamforge’swritten consent. Streamforge’s rights and obligations under these Terms andConditions assignable by Streamforge.
If a court of competent jurisdiction finds any provisionof these Terms and Conditions, or any portion thereof, to be invalid orunenforceable, that provision shall be enforced to the maximum extentpermissible so as to reflect the intent of the parties, and the remainder ofthese Terms and Conditions will continue in full force and effect.
Any failure by Streamforge to enforce orexercise any provision of these Terms and Conditions, or any related right, willnot constitute a waiver of that provision or right.