V3: 4 Jan 2021
V3: 4 Jan 2021
t XLbroadcaster brand is the property of Altair Services SAS a French company referred to in this policy as “XLbroadcaster", “we”, “us” or “our”.
By accepting these Terms, either by registering via our website, registering for a free trial or purchase one of our subscriptions, clicking a box indicating your acceptance or any other way that references this agreement, you agree to the terms of this agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
*We do not receive and cannot collect neither store any data from usage of our product.
*We do not share or sell any data with third parties for them to advertise theirproducts/services to you.
*We use data to analyse our customers and visitor’s behaviour as a whole and in an anonymised way (never on an individual level). We do this so that we can improve our users’ experience on our website and improve our services.
*We conduct digital advertising campaigns ourselves on Google, social mediasites or any other sites to increase awareness of XLbraodcaster. You can opt out of interest-based advertising on those sites if you wish.
*We will only send our newsletter to you with your consent and you can opt out at any time.
XLbroadcaster provides Services, which allow you to broadcast, share, process, interface, publish or visualize data from/to Excel (a registered trademark owned by Microsoft Corp) to/from APIs (API : Application Programming Interface) or other systems and programming languages.
We may remove, temporarily halt, modify, and add any services without prior notice to you.
Your use of the Service, including any content, information, or functionality contained within it, is provided “as is”, “as available” and under our “best efforts” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
XLbroadcaster is not able to see, understand, store neither collect any of the data you will broadcast thanks to our product/service.
XLbroadcaster is not responsible for any loss of data nor should it be considered a backup for any data, considered as critical or not.
XLbroadcaster is not responsible for the data Customer will broadcast thanks to our product.
-Free, Trial Subscriptions and Paid Subscriptions
XLbroadcaster may offer paid subscriptions and subscriptions that allow limited use of the service in duration. Users of these latter subscriptions may be subject to advertisement, limited functionality, and reduction of services and/or limits its capacity.These subscriptions can be cancelled at any time and without warning if these Terms are violated. See our section Termination for additional informations.
CONTENT & PERSONAL INFORMATION
In the course of using the Services, you may submit “Personal Information” to us and “Content” to third parties.
The “Content” means the data you might share, send, receive or publish via the use of our Services to external third parties with whom we have no relationship of any kind. Our Services let you share your Content with others. We provide you with the tool to broadcast the data but we do not control the Content itself neither the recipients of your Content.
We do not receive and cannot collect neither store any Content from usage of our product.
You retain ownership of all of your intellectual property rights in your Content. XLbroadcaster does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content.
You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, XLbroadcaster will not be liable for any failure to store, or for loss or corruption of your Content.
XLbroadcaster will process your Personal Information or any collected data in a manner consistent with industry security standards. XLbroadcaster has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Personal Information or any collected data and to mitigate the risk of unauthorized access to or use of your Personal Information or any collected data.
If XLbroadcaster becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), XLbroadcaster will take reasonable steps to notify you without undue delay, but in any event within 30 days of becoming aware of the Security Incident. XLbroadcaster will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by XLbroadcaster.
The following outlines actions that constitute a non-acceptable use of our Service and will result in immediate cancellation and removal of your account from our Service without warning, notification, reimbursement, or credit for any amounts already paid.
- Using the Services to encourage any illegal, abusive or other activities that interfere with the business or activities of XLbroadcaster and/or other customers.
- Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to XLbroadcaster or any of its users.
- Reverse engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
- Using the Services in any manner that may subject XLbroadcaster or any third party to liability, damages, danger or any problem to ensure the stability of our services.
- Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
- Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
- Using the Services to engage in or in connection with fraudulent activity.
- Violating or facilitating the violation of any local, regional, provincial, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software.
- Taking any action to participate in, encourage or promote any activity prohibited under this Terms.
- Using the service to mass email or spam third parties without their consent.
- Using the Services to broadcast or transmit any material that infringes the intellectual property rights or other rights of third parties.
- Using the Services to broadcast or transmit any material that is libellous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
- Using the Services, or any component of the Services, in any manner not authorized by XLbroadcaster.
- Impersonate other users without permission, or access any area of the platform not allowed to access.
You and Your Company are responsible for your conduct and Content and you must comply with all terms of acceptable use above.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you are over 13.
We may outsource the account management of our service to the following provider:APIfew.com (trademark of Altair Services SAS)Keep Your Password Secure.
If you have been issued an account, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not XLbroadcaster, are responsible for any activity occurring in your account, whether you authorized that activity or not. If you become aware of any unauthorized access to your account, you should notify XLbroadcaster immediately. Accounts may not be shared and may only be used by one individual per account.
Keep Your Details Accurate.
XLbroadcaster occasionally sends notices to the email address registered with us or via your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.
OUTSOURCING PROVIDER & THIRD PARTY
You understand that XLbroadcaster uses third parties to provide necessary hardware, software, information, networking, storage, account management, payments, billing and related tasks to run the service. We may outsource the account management and payment of our service to the following provider:
APIfew.com (trademark of Altair Services SAS)
12 rue Vivienne
XLbroadcaster strives to provide support to all Customers within an acceptable amount of time but does not warrant to do so unless otherwise documented via a specific Service Level Agreement contract overriding these all or portions of the Terms.Please use our email address for any questions you may have.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services.
Except for paid subscriptions, we reserve the right to terminate your access to the Services if you have not accessed our Services after a certain duration of time. XLbroadcaster will provide you with notice via the email registered with us or via your account before we do so. We are not responsible for proper reception of the email due to spam, rules, firewall or disabling notifications. We reserve the rights to accept or refuse a Customer.
We have the sole discretion on whether to allow you to register, renew, change plan, or use our services. To cancel your use of the Services, you must contact XLbroadcaster staff directly via email. Your Paid subscription will remain in effect until (i) you cancel it, or (ii) it is terminated under these Terms or (iii) payment is not made at the end of each renewal payment cycle. Cancellation of the account is immediate and will result in permanent loss of data.
XLbroadcaster is not able to restore the account past a certain duration of time, nor recover any of its data. No credit or refunds will be made in case of a Customer initiated Cancellation prior to the end of the Billing Period/Subscription duration.
PRICING AND PAYMENT
As already mentioned, we may outsource the account management and payment services to APIfew.com.
Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change without notice from us. Having said the above, we will attempt to notify all Customers at least 15 days before via email.
Acceptable payment methods are credit cards or any other method made available via the account opening by APIfew.com or by Altair Services SAS directly. All other payment methods will be declined and constitute non-payment.
You are responsible for all applicable taxes, bank fees, transfer fees, credit card fees, currency exchange fees, federal, regional, state, local taxes or any surcharges and similar exactions imposed on or with respect to our Services.
If your use of our Services exceeds the amounts prepaid by you or of if you fail to pay any amounts due by you, we may suspend our Services associated with your account without prior notice to you.
We will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with connection with any suspension of our services pursuant to this section.
If service fees are not paid in a timely manner, we reserve the right to revoke access to your use of the Services which may result in loss of data and/or features.
COPYRIGHT AND OWNERSHIP
XLbroadcaster owns the intellectual property rights to all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation.
We welcome your feedback on our Services however by submitting suggestions or other feedback about our Services (“Contributions”) you agree that:
- we are not under any obligation of confidentiality with respect to your Contributions;
- we may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way;
- you irrevocably, non-exclusively license to us rights to exploit your Contributions; and
- you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Contributions.
You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service.
XLbroadcaster claims no intellectual property rights over your Content.
TRADEMARKS AND LOGOS
Subject to these Terms, we both grant each other the right to use and display each other’s name and logo (the Licensor Marks) on our respective websites and in other promotional materials solely in connection with each of our respective activities under these Terms.
All of this use of the Licensor Marks will be in accordance with each other’s applicable usage guidelines and will insure to the benefit of Licensor.
The one of us using the other’s Licensor Marks under this subsection will not use, register or take other action with respect to any of the Licensor Marks, except to the extent allowed in advance in writing by the one of us whose Licensor Marks are being used. In using the Licensor Marks under this subsection, the one of us using the other’s Licensor Marks will always use the then current Licensor Marks and will not add to, delete from or modify any of Licensor Marks.
The one of us using the other’s Licensor Marks will not, at any time, misrepresent the relationship between us.
The one using the other’s Licensor Marks will not present itself as an affiliate or other legal agent of the one of us whose Licensor Marks are being used.
The rights to use and display each other’s Licensor Marks under this subjection will end automatically in the event these Terms terminate or if one of the parties requests to remove name and logos from websites or promotional materials.
Confidential Information means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure.
“Confidential Information” does not include any information which:
- is publicly available through no fault of receiving party;
- was properly known to receiving party, without restriction, prior to disclosure by the disclosing party;
- was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party’s rights; or
- is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party’s prior written consent, except as otherwise permitted hereunder.
Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure.
Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section.
Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.
LIMITED WARRANTY/LIMITATION OF LIABILITY
The services are provided “as is” and as available. XLbroadcaster makes no express or implied warranties of any kind, including without limitation implied warranties of merchantability or fitness for a particular purpose.
No communication between customer and XLbroadcaster, written or oral, will create a warranty or in any way alter or restrict any disclaimer of warranty or limitation of liability set forth in this section or elsewhere in this agreement. Under no circumstances will XLbroadcaster be liable for lost profits or other indirect, special, cover, exemplary, incidental, or consequential damages arising out of or related to this agreement or to the use or inability to use the service.
In no event will XLbroadcaster’s liability for damages, losses, or causes of action, whether in contract or tort, either jointly or severally, exceed the aggregate amount paid by customer to XLbroadcaster during the twelve (12) months prior to the claimed injury or damage.
The limitations of liability here described apply equally to liability for negligence.
- Without limiting the generality of the above, XLbroadcaster will have no liability for any claims or losses resulting from security breaches, exposure of sensitive or private data (except to the extent that applicable law forbids limitation of such liability), or loss of data or access to data.
- XLbroadcaster is not liable for the accuracy, truthfulness, delay or validity of any data entered by Customer or provided through the Service. XLbroadcaster will not be liable for interruption of or delays in transmission of the Service caused by acts of God, terrorism, fire, water, riots, acts of Government, acts or omissions of Internet backbone providers, or any other causes beyond XLbroadcaster’s control.
- Customer’s sole and exclusive remedy, if it is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of XLbroadcaster is to discontinue using the Service.
- Customer acknowledges and agrees that XLbroadcaster has set its prices and entered into this Agreement in reliance upon the limitations and exclusions of liability and disclaimers of warranty set forth in this section and elsewhere in this Agreement, (collectively, the “Limitations”), and that the Limitations form an essential basis of the bargain between XLbroadcaster and Customer. The Limitations survive and apply even if Customer’s remedies provided in this Agreement are found to have failed of their essential purpose.
Customer will indemnify and hold harmless XLbroadcaster and its affiliates, employees, officers, directors, agents, licensors, successors, and assigns from all damages and liability, including without limitation attorneys’ fees, incurred as a result of:
- Customer’s violation of its obligations under this Agreement,
- The negligent or wilful acts of Customer,
- The violation by Customer of any third party’s rights in connection with the use or operation of the Service, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, other intellectual property rights, and claims for libel, slander, or unfair trade practices.
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
This agreement is made with Altair Services SAS, XLbroadcaster brand owner (Registered in France).References to “Altair Services”, “ XLbroadcaster”, “we”, “us”, and “our” are references to Altair Services, located at 12 rue Vivienne, 75002 Paris, France.
These Terms shall be governed by the laws of France.
You hereby expressly agree to submit to the exclusive laws of France for the purpose of resolving any dispute relating to your access or use of the Service. Any questions regarding the Terms should be addressed to HYPERLINK "mailto:contact@DataBroadcaster.io" our email address you can find in our website.
AGREEMENT TO ARBITRATE
Before bringing a formal legal case, please first try contacting our Customer Support as most disputes can be resolved that way.
If we can’t resolve our dispute through our customer support, you or any of your affiliates on one hand and XLbroadcaster and any of XLbroadcaster’s affiliates on the other hand, all agree to resolve any dispute arising under these Terms, or Privacy Notices, or in relation to our Services by binding arbitration in France, or in another location that we have both agreed to.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitration, class actions, private attorney general actions, and consolidation with other arbitration's aren’t allowed.