Terms of Service
This is an agreement between you as an individual or the entity you represent (collectively ‘you’ or ‘your’) and OnTheFly, a live video streaming platform. This terms of service governs how you may access and use OnTheFly and its associated services (collectively (“OnTheFly” “we” “us” or “our”).
1. Acceptance of the Agreement
To utilize OnTheFly’s services, you must be of legal age to be eligible for this binding agreement. If you disagree with the General Terms, please refrain from using any of our Services.
Similarly, if you accept the General Terms but disagree with any specific Service Specific Terms, avoid using the corresponding Service. You can signify your acceptance of the Agreement by checking a checkbox, clicking on a button indicating acceptance, or using the Services.
Whether you are a registered user of our platform or not, you consent to abide by these terms when you click on “I AGREE”, “SUBMIT” or any similar indication of acceptance, or by accessing or using our platform, electronically.
2. License For Usage & Restrictions
By accepting and complying with this Agreement and meeting the payment requirements stated on the applicable Service detail page on OnTheFly website, you are granted a limited, non-exclusive, non-transferable, non-sublicense-able rights and license to access the Services in compliance with the terms and conditions herein.
Moreover, you have the right to use "Your Content" by your end users, which encompasses any Application, data, or content you provide to us, make available to end users, or use in connection with the Services.
You can enable access to Your Content to your end users in compliance with the terms of this Agreement.
Restricted Uses are not allowed and include interfering with the functionality of the Services, using information obtained through the Services for direct marketing or spamming, altering intellectual property designations, and issuing press releases without written consent.
Publishing offensive content is strictly prohibited.
You must not engage in actions that negatively impact OnTheFly, its servers, or other applications using the platform.
Accessing audiovisual content for any purpose other than Streaming is expressly forbidden.
3. Terms: Effects & Termination
These Terms shall remain in effect until it is terminated as set forth in this section. Either party may terminate these Terms by written notice at any time, for any reason, or for no reason.The Terms will continue in effect for the duration of any Subscription Period.
Termination of these Terms will in turn terminate the license granted hereunder. Upon termination, you must destroy and remove all copies of the Tools and Service from your websites, applications, computers, hard drives, etc. You must stop using all aspects of the Service and certify to the Company that you have done so.
The Company has the right to inspect and audit your websites, applications, and facilities to confirm compliance with termination requirements.
3.1 Term, Termination, and Suspension:
The Term of this Agreement commences upon agreement to the terms during the registration process or by clicking "Accept."
You may terminate this Agreement for any reason at your convenience by providing written notice, closing your account, or letting your Free Trial Account expire.
If a Paid Service requires a minimum term, the account will be closed immediately unless specified otherwise.
OnTheFly provides a free trial period, and no refunds will be done for the unused portion already paid or committed to, except for general network outages lasting at least 72 hours.
Termination of Monthly Plans can be requested by logging into your account or contacting support.
Termination of an Event Plan account can be done at any time with no recurring charges.
The Company may suspend or terminate Free Services or Paid Services with notice.
Termination for cause can be effective immediately for certain actions, including denial of service attacks, security risks, fraud, illegal use, and non-payment.
Upon suspension, fees will continue to accrue for Services still in use, and all rights to the applicable Services shall be terminated.
Upon termination, you remain liable for all fees and obligations incurred until the termination date, and all rights under the Agreement will immediately terminate.
3.2 Data Preservation in the Event of Suspension or Termination:
In the event of suspension (other than for cause), we will not intentionally erase your data during the suspension period.
Data storage charges will continue to accrue during a suspension.
In the event of termination (other than for cause), we will not intentionally erase your data for 30 days after the effective date of termination.
Post-termination data retrieval will be subject to payment of data storage charges, other amounts due, and compliance with retrieval terms.
Except as provided, we have no obligation to store or permit retrieval of your data during suspension or termination.
3.3 Post-Termination Assistance:
After suspension or termination, you may be entitled to post-termination assistance generally available for the Services.
The Company may provide unique post-suspension or post-termination assistance at its discretion, but there is no obligation to do so.
Your right to take advantage of such assistance will depend on acceptance and compliance with specified fees and terms.
The term "Confidential Information" covers the Tools, User Content, Analytics Data, Service, and any other disclosed information marked as confidential or reasonably considered as such.
- You are obligated to maintain the confidentiality of Information during the agreement's term and for at least three years after its termination.
- Source code received must be kept confidential indefinitely, except for instances allowed by the Company, such as complying with open-source licenses.
- Only employees and agents who have agreed in writing to keep the information confidential may access and use the Confidential Information for the purposes defined in the Terms.
- Disclosure of Confidential Information to any third party, firm, or corporation without the Company's prior written consent is strictly prohibited.
- In case of any unauthorized use or disclosure of Confidential Information or breach of the Terms, you must inform the Company immediately and cooperate to rectify the situation.
- If you are legally compelled to disclose Confidential Information, you must notify the Company in advance, assert its privileged and confidential nature, and cooperate fully to protect against any unauthorized disclosure.
4.1 Access And Use Of OnTheFly’s Confidential Information:
During the Term with our platform, you shall not disclose any of OnTheFly’s Confidential Information.
OnTheFly’s Confidential Information includes non-public information about technology, customers, business plans, finances, and discussions between you and OnTheFly.
The confidentiality obligation does not apply to information that becomes publicly available without a breach, information you already knew, information received from a third party not disclosing it wrongfully, or information independently developed by you.
4.2 Exemptions from Confidentiality
You are not bound by a confidentiality obligation for information provided or made available by OnTheFly under this Agreement.
Likewise, OnTheFly has no confidentiality obligation for information, software, data, or content provided by you if it becomes publicly available, was already known, received from a third party without wrongful disclosure, or independently developed.
4.3 Conflict Resolution with Separate NDA
If you and OnTheFly are parties to a separate non-disclosure agreement (Stand-Alone NDA), and the terms of the Stand-Alone NDA conflicts with this section, the Stand-Alone NDA's terms will take precedence.
5. Intellectual Property
Apart from the access restrictions, usage and license limitations set forth in this Agreement, OnTheFly reserves all rights to the title, proprietary rights and intellectual properties including:
- OnTheFly's services
- Our properties
- And other technology and software that we use or offer to users
However, by this agreement or otherwise, you don't have any kind of ownership and rights in the services, OnTheFly's properties and the technologies or softwares, except for the limited rights described in this Agreement.
5.1 Your Data & Content
Besides the right of use set forth in this Agreement, you reserve all rights to your content, and the title, proprietary rights and intellectual property in your content. In fact, we will not disclose or reuse your content, except when:
- (a) you give us the authorization to disclose/ use them with connection to the terms and conditions defined in your official website.
- (b) compliance with agreements or requests of governmental, regulatory, or legal bodies.
In scenarios involving suggestions for improvements of our services, the OnTheFly Properties shall own all rights, title and interest to the feedback without restrictions, even if you've designated them as confidential.
During your active tenure with the Agreement to use our services, you will neither assert, authorize or assist against OnTheFly or any of our customers, partners, licensors, transferees, nor encourage third-parties to do involve in the assertion, patent infringement or claim on intellectual property infringement, with respect to the services.
6. Changes To This Agreement
You agree that we can make changes to this Agreement, terms or policies, at any point of time by updating revisions to this Agreement or on Additional policies on any part of the OnTheFly website.
The changes shall take effect when the following terms are updated in this Agreement:
- changes in the paid services
- Use Policy
- any service terms
- any terms and conditions related to our services, websites or other properties.
- any inclusion/ changes in the free service
If the revised terms includes changes in the Paid services as mentioned earlier,
- it would take 15 days after posting for the changes to take effect
- when we provide a standard operating procedure to affirm your acceptance with a click-through confirmation or confirmation button.
By visiting OntheFly.stream website on a regular basis to review the changes in the Terms of service. However, we will make reasonable efforts to notify of any material changes in the website.
Your continued use of our platforms, tools or features after the effective date of any changes mentioned in this Agreement will constitute your acceptance and agreement to the modifications.
If you don't agree to these terms, you must cease to use OnTheFly platform, for termination of the terms.
7. Authorization and License to Use the Services:
Access to and use of the Services are granted upon agreement with the terms, compliance with the Agreement, and adherence to payment requirements.
A limited, non-exclusive, non-transferable, non-sublicensable license is given to access and use the Services under the provider's intellectual property rights. Usage must align with the terms and conditions of the Agreement.
7.1 Restricted Usage
- You're prohibited from interfering with the Services' functionality.
- The OnTheFly Properties and information obtained from Services can't be used for direct marketing, spam, or impermissible activities.
- Intellectual property designations on Services and OnTheFly Properties cannot be altered or removed.
- Publicizing your use of Services is allowed, but press releases require prior consent.
- Offensive content, like explicit sexual content or extreme violence, is not allowed on the "Viewer" section of the OnTheFly website.
- On a Free Trial Account, requesting payouts from OnTheFly Merchant Accounts for Subscription and Paid Services is not permitted.
7.2 Accounts and Keys
- A single account can be created per email address, unless specified otherwise
- OnTheFly accounts link to public-private key pairs for accessing the service.
- You're accountable for all activities under your Account Identifiers, whether by you or a third party.
- If private keys are lost, stolen, or misused, immediate contact with the provider is required.
- Up-to-date and accurate account information, including contact details, is your responsibility.
- The provider isn't liable for unauthorized access, alteration, or loss of Your Content or data submitted through your account.
7.3 Grant of License; Company Accounts
- If you comply with the Terms, a limited license is granted to access and use the Site, Tools, and Service.
- Integrating APIs and portions of Tools into your websites and applications is allowed for internal business purposes.
- Some portions of the Tools or Service might be subject to open-source license agreements.
- You need Company's consent for any use of the Tools or Service beyond what's expressly stated in the Terms.
- Use of APIs is limited to their described functions in the provided Documentation.
- Your Company account provides access to the Service, which you can't share without permission.
- You're fully responsible for all activities on your account, including those by users associated with it.
- Accurate and complete information should be provided when creating your account; maintain password security.
- Immediate notification of security breaches or unauthorized account use is required.
- By providing your email address, you confirm your consent to receive Service-related notices and other messages.
- Software to access the Service via mobile devices is provided, subject to compatibility and usage terms.
- Modifications, redistribution, or unauthorized use of Mobile Software is restricted.
- You consent to automatic Mobile Software upgrades and agree to their Terms
- The Mobile Software remains the property of the provider or its partners.
- Comply with United States and foreign laws related to Mobile Software and Service usage.
8.1 Platform Fees
- To use Paid Services, you agree to pay fees as stated on OnTheFly Website's Service detail pages.
- You're responsible for fees charged by OnTheFly Payments for transactions using OnTheFly, including third-party processing fees.
- New Service or feature fees are effective upon posting on the OnTheFly Website.
- Check OnTheFly Website monthly for new fees and effective dates.
- Payment method and terms are as specified.
- Pay without setoff or counterclaim, deduction, or withholding.
- Notify and pay additional amounts for required withholding.
- Provide documentation for paid withheld amounts.
8.3 Additional Pricing Programs
- We offer free/discounted pricing for Services periodically.
- Follow additional terms/limits specified on OnTheFly Website.
- Multiple accounts for Free benefits not allowed; violators will be terminated.
- your unauthorized use of the Services and/or OnTheFly Properties, or your use in violation of the applicable restrictions, policies, and/or laws,
- Any claim involving the infringement or misappropriation of third-party rights, as well as the use, creation, design, production, advertisement, promotion, or marketing of Your Content, or the synthesis of either with content from other applications, procedures
- any breach of any representations and warranties you have made, as well as any term or condition of this Agreement or any supplementary policies that may be applicable,
- personnel’s negligence you or your employees’ or or willful misconduct.
9. Downtime, Service Suspensions & Security
Besides our rights to terminate or suspend your services, you acknowledge that:
For any reason, including power outages, system failures or other interruptions, your access to our services may be suspended for an unscheduled duration.
On the basis of our services, we shall also be entitled to suspend your access to our services:
- Downtime for scheduled maintenance or changes to our service.
- Events of service denials or attacks or that which may create risk to you, or to any other customers, where service suspension is highly necessary.
- In events where any service is prohibited by law or we find that service suspension is necessary for legal or regulatory reasons.
We highly recommend that you take the following steps, when applicable and suitable:
- Utilize encryption technology to safeguard Your Content against unauthorized access.
- Regularly store copies of Your Content in archives.
- Ensure that your Applications and any associated software used with our Services are kept up to date with the latest security patches or updates.
Please note that we will not be entitled for any unauthorized access or use, data corruption, deletion, destruction, or loss of Your Content or Applications.
If you have any inquiries, contact us at email@example.com