Terms of Service

Terms of Service form a binding Agreement between you (“Customer”) and SuperMashApp Bros Oy (“SMAPP”) that governs the use of SMAPP’s software and services. If Customer does not agree to be bound by the Agreement, Customer must not use the software and services provided by SMAPP. Customer agrees to be bound by the Agreement by using software and services provided by SMAPP.

Apps

SMAPP owns and provides proprietary apps to Streamlabs OBS App Store that allow the customer to incorporate interactive and visual content to real-time social media broadcast feeds (“Service”).

The Agreement governs Customer’s access to the Service. SMAPP will provide Service to Customer after Customer places an order (“Order”) subject to the Agreement. The Service shall begin on date set forth in the Order and continue during the Order Term.

Fees

Customer shall pay a fee on Streamlabs OBS App Store to use the SMAPP app. The fee is paid according to Streamlabs OBS App Store contract.

Intellectual Property

The Agreement does not grant Customer any ownership to the intellectual properties relating to SMAPP app. All rights and interests regarding Platform or Service shall be in sole ownership of SMAPP including, copyrights, trademarks, trade names, trade secrets, patents, data, know-how, and other proprietary rights under the laws of Finland and other jurisdictions. All rights are reserved by SMAPP and its licensors unless otherwise expressly granted to Customer.

SMAPP may utilize skills or knowledge of general nature gained during the course of providing the Services. SMAPP may publish, share or otherwise distribute analytics, statistics or other data to third parties relating to the Customer’s use of Service provided that such distribution cannot be identified as relating to the Customer directly or indirectly.

Customer may not reverse engineer or otherwise attempt to derive source code or trade secrets in or underlying any portion of the Platform. Customer shall not use Platform or Service for any illegal or unauthorized purpose or use Service in a manner that exceeds reasonable request volume or constitutes abusive usage. Customer shall not modify or make derivate works of the Platform or access the Platform in order to build a similar product or service.

Representations and Warranties

Both of the parties represent and warrants that it has full authority to enter this Agreement and to be bound by the obligations as defined in it. Parties also represent that entering into Agreement does not violate any other agreement bounding either of the parties.

SMAPP makes all reasonable efforts to ensure that Customer may use Service during any other time than a scheduled maintenance break. The Service may occasionally be interrupted for upgrades, maintenance breaks or failures in telecommunication services beyond SMAPP’s control. SMAPP is not responsible for outages of third party providers, and SMAPP disclaims all liabilities resulting from such events.

SMAPP makes no warranty regarding using products or services of a third party. SMAPP   does not control content or availability of content provided by third parties, and SMAPP is not responsible for appearance of such content through Customer’s broadcast feed. Customer is liable to become familiar with the terms of or privacy policies of used third party content providers. Customer represents that it shall agree on and comply with all third party agreements relating to used third party content. SMAPP is entitled to suspend Services in order to prevent harm to SMAPP due to Customer’s breach in such third party agreements.

Expect for the express warranties as defined in the Section 6, the Service is provided “as is”. Customer’s use of the Service is at its sole risk.

Limitation of Liability

In no event will either of the parties be liable to the other party for punitive, indirect or consequential damages including but not limiting to lost profits, lost revenue, loss of data, or loss of use of Service. Notwithstanding anything in this Agreement, SMAPP’s total liability to Customer for any reason shall not exceed the sum paid or owed by Customer to SMAPP for twelve (12) month period prior to the event causing liability.

Indemnification

Customer will defend at its own expense any claim or action against SMAPP to the extent such claim or action provided that the claim or action arises from Customer’s use of the Service that 1) violates any third party agreement bounding Customer; 2) violates any applicable law or regulation; 3) infringes intellectual property rights of a third party; or 4) misuses content or information accessed through the Service. Customer shall hold SMAPP harmless from any of such claims or those costs or damages agreed to in monetary settlements of such claims. SMAPP shall promptly notify Customer of such claims and give Customer sole control of the defence thereof and give requested cooperation at Customer’s expense.

Miscellaneous

Neither party will be held liable for any failure or delay regarding the Agreement caused by circumstances beyond its reasonable control (“Force Majeure”). If SMAPP is unable to provide Service to Customer for sixty (60) consecutive days, Customer may terminate the Agreement without further obligations.

This Agreement is governed by the Finnish law, excluding its rules on choice of law.

If any provision of the Agreement is held invalid by a court, the remaining provisions of the Agreement will remain in full effect. Failure or neglect of a party to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights.

Customer may not assign or transfer the Agreement nor any of its rights to third party without SMAPP’s prior written consent.

This Agreement, including conditions of the Order, constitutes an entire agreement between the parties and supersedes any written or oral contemporaneous understandings.

SMAPP reserves the right to modify or replace any provisions of the Agreement or change, suspend or discontinue the Service or any of its feature at any time by giving a notice on this webpage or by sending Customer a notice through e-mail. Customer’s continued use of Service constitutes an acceptance of those changes.

Revised 6th November 2018.