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Terms of Service

These Terms of Service shall apply only to the Early Access version of Fishjam. For more information on how to obtain access to the Early Access Fishjam, get in touch with us at contact@fishjam.io.

Software Mansion provides innovative, cloud-based multimedia streaming services (“Fishjam”, “Services”).
When you begin using Fishjam by completing the sign-up process on our website (“Website”), or by entering into an agreement for the use of Fishjam, you agree to these Terms of Service. You also confirm that you are at least 18 years of age. If you use our services for business purposes, that business will be bound by these Terms of Service. If you are signing up for the services on behalf of a company, you represent that you are duly authorized to represent such company and accept the Terms on behalf of such company. To the extent that your use of the services is subject to a separate Terms, such Terms, including any addendum thereto, will prevail over any conflicting provision in these Terms.

  1. General

    1. By using the Website, you agree to these Terms of Service. If you don’t agree to any of the Terms, you can’t use any of our products or services. We may change these Terms from time to time. By using the Website or Services on or after a change in the Terms of Service, you agree to the new Terms.
    2. In this Terms, “we,” “us”, “our,” and “Software Mansion,” refer to Software Mansion S.A. with its registered office in Kraków, ul. Zabłocie 43B, 30-701 Kraków.

  2. Description of Services

    1. Software Mansion’s “Services” includes (i) our Website, (ii) our video applications and related technologies, including but not limited to the service known as Fishjam Cloud (“Platform”), and the Software Mansion developer APIs, (iii) all Software (as defined below); and (iv) any data, reports, text, images, sounds, video, and content made available by us through any of the foregoing. Any new features added to or augmenting the Services are also subject to this Terms.

  3. General Conditions

    1. Subject to the terms and conditions of these Terms, you may access and use the Services only for lawful purposes. All rights, title and interest in and to the Services and their components will remain with and belong exclusively to Software Mansion. You shall not (i) use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws), (ii) in any manner that interferes with or disrupts the integrity or performance of the Services or their components, or (iii) modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to, the Services or their related systems or networks. You shall comply with any codes of conduct, policies or other notices Software Mansion provides you or publishes in connection with the Services, and you shall promptly notify Software Mansion if you learn of a security breach related to the Services.
    2. We are entitled to have third parties perform a part of our Services or proceedings. We do not guarantee that our Services are always available or without disturbance. We will not have any obligation to compensate you for unavailability or non-performance of our Services. Software Mansion shall not be liable for any short-term or long-term interruption of data transmission sent through our platform.
    3. We may decide at our sole discretion if we are able to provide you with our Services. We may change the eligibility criteria for the use of our Services at any time, in our sole discretion. If we decide we do not want to provide you with our Services, we will refund any unused prepaid credits or balance.
    4. Any software that may be made available by Software Mansion in connection with the Services, including without limitation software contained on devices (collectively, “Software”), contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this Terms, Software Mansion hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the device and object code of any Software solely in connection with the Services, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software; or remove any proprietary notices or labels. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Software Mansion or any third party is granted to you in connection with the Services. At any time, we may cancel or revoke your access to any part of Software Mansion, including but not limited your access to and use of a domain you have chosen.
    5. These Terms do not entitle you to any support for the Website, Platform or the Services, unless you make separate arrangements with Software Mansion and pay all fees associated with such support (if any). Any such support provided by Software Mansion shall be subject to the Terms as modified by the associated support Terms.

  4. Your Data and Equipment

    1. Legality of Data Processing. Responsibility for the data processed using the Services provided by Software Mansion shall rest solely with you. You guarantee that the recording and processing of personal data by the systems or registers subject to work performed under the Agreement is done according to the law. You shall indemnify Software Mansion against any claims by individuals whose personal data is recorded or processed within those systems or registers, unless you are able to demonstrate that the acts that form the basis of the claim are exclusively attributable to Software Mansion. You shall guarantee Software Mansion that the content, the use and/or the processing of the data is not unlawful and does not infringe the rights of third parties. You shall indemnify Software Mansion against legal claims by third parties, of whatever nature, in relation to such data or the execution of the Agreement.
    2. Data Security. Software Mansion shall take care, but does not guarantee the absolute security of the systems covered by the work under this Agreement. If the Agreement stipulates that Software Mansion is obliged to provide some form of security, this security shall meet the specifications in respect of security agreed between the parties in writing. Software Mansion shall not guarantee that the information security will be effective under all circumstances.
    3. Data Transfers for Users Located in the European Economic Area. If you or your users are located in the European Economic Area, you agree that all international data transfers will be made pursuant to the Standard Contractual Clauses, as updated, amended, replaced or superseded from time to time by the European Commission, the approved version of which in force at present is that set out in the European Commission’s Decision 2004/915/EC of 27 December 2004, available at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004D0915.

  5. Representations, Warranties, and Disclaimer

    1. You represent and warrant to Software Mansion that (i) you have full power and authority to enter into this Terms; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your transmitting and other activities (and allow Software Mansion to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Services, and Software Mansion’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; (iv) you are eighteen (18) years of age or older; and (v) you will use the Services only in compliance with all applicable laws and regulations.
    2. Software Mansion warrants that it shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Software Mansion or by third-party providers, or because of other causes beyond Software Mansion’s reasonable control, but Software Mansion shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, SOFTWARE MANSION DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE DEVICES OR THE SERVICES.
    3. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES, INCLUDING THE SITE AND CONTENT, AND ANY SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND SOFTWARE MANSION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT SOFTWARE MANSION DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM SOFTWARE MANSION OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS Terms.

  6. Intellectual Property Rights and integration.

    1. The Services are owned and operated by Software Mansion. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements (“Materials”) provided by Software Mansion are protected by intellectual property and other laws. All Materials are the property of Software Mansion or its third party licensors. You acknowledge that the Services are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Poland, the U.S. and other countries and that all ownership and intellectual property rights in the the Services, including without limitation the trademarks Software Mansion and all related trade names, service marks, logos, domain names and the like (“Software Mansion Marks”) do and shall, as between you and Software Mansion, belong exclusively to Software Mansion. Except as expressly provided herein, these Terms grant you no right, title, license, or interest in any intellectual property owned or licensed by Software Mansion, including (but not limited to) the Website, Fishjam, the Services, Materials, or the Software Mansion Marks.
    2. Integration with Product. The Services and Fishjam may include branding for Software Mansion. You agree not to remove, obscure, or alter any branding contained in the Services or any notice of any Software Mansion Marks. You may not display Software Mansion Marks on Your Product (or otherwise) other than solely for the purpose of disclosing that Your Product has implemented the Service or Fishjam in a manner that does not suggest any further relationship or endorsement of Your Product by Software Mansion. Software Mansion may update files on the servers that will automatically change the functionality of Fishjam or Services, and you consent to those updates.
    3. Bandwidth. Software Mansion reserves the right to place volume limitations on access to the Services or Fishjam. Software Mansion reserves the right to cap data usage at its discretion.
    4. Guarantee of rights. You guarantee that the usage of all software, databases, documents, materials and other products covered by intellectual property rights provided by you for the purpose of providing the Services is done according to the law, i.e. that you have intellectual property rights, necessary licence(s) and/or patents for those products. You shall indemnify Software Mansion against any legal claims by third parties in this regard.
    5. Archiving. You acknowledge and understand that there are laws governing the electronic recording of communications and that Software Mansion will not be liable for any illegal use by you of the Services or Fishjam. You agree to comply, and requires that your users comply with all applicable laws relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded video chat that the video chat is being recorded. In addition, you acknowledge that the storage and maintenance of recorded communications is not guaranteed by Software Mansion and agree that Software Mansion will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with respect to the loss or deletion of recorded communications.

  7. Security

    1. You understand that the operation of the Services, including your (or your users’) content, may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to Software Mansion’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your content. Software Mansion will have no liability for any unauthorized access or use of your content, or any corruption, deletion, destruction or loss of any content. Except otherwise agreed to, you further acknowledge and agree that Software Mansion may 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 reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Software Mansion, its users and the public.
    2. You acknowledge that: (i) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) Software Mansion shall also be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time, on a Services-wide basis: (a) for scheduled downtime to permit Software Mansion to conduct maintenance or make modifications to any Services; (b) in the event of a denial of service attack or other attack on the Services or other event that Software Mansion determines, in Software Mansion’s sole discretion, may create a risk to the applicable Services, to you or to any other customers if the Services were not suspended; or (c) in the event that Software Mansion determines that any Services are prohibited by applicable law or otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”).

  8. Indemnification and Limitation of Liability

    1. You will defend Software Mansion, its officers, directors, employees, and the successors and assigns of the foregoing from and against any and all claims by an unaffiliated third party directly or indirectly arising from or related to (i) facts that, if true would constitute a breach of this Terms by you, (ii) your or your End Users’ access to, use, misuse or illegal use of the Software Mansion Services, Your Data or End User Data, or (iii) the violation or infringement by you of Services or the Customer Products of such third party’s Intellectual Property Rights. Software Mansion reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests to assist Software Mansion’s defense of such matter.
    2. IN NO EVENT WILL SOFTWARE MANSION BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS OR BUSINESS, COSTS OF DELAY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE; COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES. THE TOTAL LIABILITY OF SOFTWARE MANSION DUE TO AN ATTRIBUTABLE FAILURE TO PERFORM THIS AGREEMENT OR DUE TO ANY OTHER REASON SHALL BE LIMITED TO $100 (USD).

  9. Term, Termination, and Effects

    1. We reserve the right to suspend or terminate your right and license to access or use any or all of the Website, Platform and Services or terminate these Terms in their entirety (and, accordingly, your right to use the Services) at any time, for any or no reason, by providing you 30 days’ advance notice. If Software Mansion determines that providing advance notice would negatively impact Software Mansion’s ability to provide the Services, Software Mansion may suspend your right and license to access or use any or all if the Platform and Services or terminate these Terms in their entirety (and, accordingly, cease providing all Services to you), with no notice.
    2. In addition, we may suspend your right and license to access and use the Platform and the Services or terminate these Terms in their entirety (and, accordingly, your right to use the Services), for cause effective as set forth below:
      1. Immediately upon notice if:
        1. Software Mansion determines that your use of Services is harmful to or inconsistent with Software Mansion’s reputation and goodwill;
        2. there is an unusual spike or increase in your use of the Services for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the Services;
        3. we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or
        4. subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding;
      2. Immediately and without notice if you are in default of any payment obligation with respect to any of the Services or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism; or
      3. Five (5) days following our notice to you of a breach of any other provision of these Terms and failure, as determined by us, in our sole discretion, to cure such breach within such 5-day period.
    3. Upon our suspension of your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that is still in use by you, notwithstanding the suspension; (ii) you remain liable for all fees, charges and any other obligations you have incurred through the date of suspension with respect to the Services; and (iii) all of your rights with respect to the Services shall be terminated during the period of the suspension.
    4. Upon any termination of these Terms or your access to the Services, for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services; (ii) all rights and licenses granted by Software Mansion to you herein shall terminate, (iii) you shall immediately remove the Services from your product and remove all copies of the Platform from all computers, hard drives, networks, and other storage media, (iv) all of your content on the Services (if any) may be permanently deleted by Software Mansion, unless applicable laws require otherwise.

  10. Governing Law

These Terms shall be governed by the laws of the Republic of Poland without regard to the principles of conflicts of law. Unless otherwise elected by Software Mansion in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of Kraków, Poland for the purpose of resolving any dispute relating to your access to or use of the Service.

  1. Publicity
    Software Mansion may use your name and/or company name as a reference for marketing or promotional purposes on Software Mansion’s website and in other communication with existing or potential Software Mansion customers, subject to any reasonable trademark guidelines you may provide. You hereby grant Software Mansion a limited, non-exclusive, non-transferable, non-sublicensable license to display your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising your use of the Service.
  2. Notices
    By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, terms, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.