General Terms And Conditions
Version valid from 12.05.2023r.
Unless stipulated otherwise within the T&C, capitalised terms shall have the following meanings:
- inStreamly: means a company under the business name of inStreamly P.S.A (simple joint-stock company), with its registered office in Warsaw, Poland, ul. Williama Heerleina Lindleya 16, 02-013 Warszawa (Warsaw), entered into the Register of Entrepreneurs of the National Court Register (KRS) by the District Court for the Capital City of Warsaw in Warsaw, 12th Economic Division of the National Court Register under the number KRS: 0000953481, NIP (Tax Identification Number): (PL) 7010954779;
- T&C: means these Terms and Conditions of Contracts (T&C) used by inStreamly to enter into Contracts and regulate other interactions with inStreamly;
- Parties (Partie): means the Streamer and/or inStreamly;
- Contract: means the legal relationship between inStreamly and the Streamer, established based on the T&C, based on what the Streamer agrees to provide inStreamly for a fee with the option to display advertising contents on the website or subpage managed by the Streamer. Alongside the Contract’s conclusion inStreamly provides the account, as provided in Appendix 1.
The T&C have been divided into internal editorial units (chapters, points). Regardless of the division used, the T&C is a comprehensive whole, and none of its parts can be interpreted out of context and separately from the others.
By concluding the Contract, the Streamer agrees that a confirmation of its conclusion will be sent via email, alongside with a direct-download link to the T&C in the form of a PDF file. This fulfils the obligation to provide the Contract and the Terms and Conditions in fixed form. In addition, inStreamly will provide a direct-download link to a withdrawal form.
2. CONTACT WITH INSTREAMLY
inStreamly can be contacted by:
- email: email@example.com;
- phone: 792 072 965;
- post: ul. Williama Heerleina Lindleya 16, 02-013 Warszawa (Warsaw), Polska (Poland).
3. GENERAL REMARKS
T&C is a document created by inStreamly. This document applies to all Streamers providing inStreamly with the option to display advertising content on a website or subpage they own or manage.
Appendix 1 applies to other users (non-registered; who have yet to conclude the Contract) using the functionalities available on or provided by intereamly.com or inStreamly.
The provisions of the T&C may not be changed or limited by the content included in orders, working arrangements, conversations or any other communication. The T&C may be changed only in the form provided in section 14 (“Change of T&C” ).
Cooperation with inStreamly does not mean establishing a new company, partnership, or joint venture. The Parties are independent partners, and each undertakes to respect the economic independence of the other Party (neither Party is an employee, agent or partner of the other).
4. SUBJECT OF THE CONTRACT
The subject of the Contract is the paid provision by the Streamer to inStreamly with the option to display advertising content on a website or subpage managed by the Streamer (in an active stream window). This means that the Streamer provides Internet media, for a specified time, for posting and maintaining contents provided by inStreamly at a specified Internet address (lease/rental of advertising space on a website or subpage managed by the Streamer).
Access to advertising space is provided for the period specified by the Streamer in their account and accepted by inStreamly. At the same time, the Streamer acknowledges that usage of the advertising space depends on other contracts that inStreamly enters into. Consequently, inStreamly may not use the advertising space, and such action shall not violate inStreamly’s obligations, which the Streamer acknowledges and accepts.
Fulfilment of the obligations provided in the Contract is possible only after installing and correctly configuring software provided by inStreamly.
5. REGISTRATION AND CONCLUSION OF THE CONTRACT
These T&Cs are effective as of the date the Streamer registers and accepts the conditions stated herein.
The Contract is entered into electronically by creating an account and submitting a declaration by the Streamer (via the form provided by inStreamly) regarding the acceptance of the T&C. Creating an account requires confirmation of data (authentication) via an external service (e.g. Twitch or Youtube). The Contract is entered into the moment inStreamly sends an email confirming the creation of the account (data transfer from the sender’s server). A traditional signature is not required to conclude the Contract.
inStreamly aims to simplify the formalities in relations with Streamers as much as possible. In some cases, inStreamly may require additional authentication from Streamers before or after entering the Contract. In particular, inStreamly may request that the Streamer submit the following:
- an excerpt from the National Court Register or another register proper for the Streamer’s country (in the case of a Streamer being a legal person or an organisational unit without legal personality) or a certificate of entry in the Central Register and Information on Economic Activity or another register proper for the Streamer’s country (in the case of a registered sole proprietorship run by the Streamer);
- data indicated and determined individually (like data from ID that allows verifying the Streamer’s age) by inStreamly in the case of the Streamer being a natural person or in the case of natural persons acting for the Streamer;
- tax residence certificate.
inStreamly may be obliged to tax the Streamer’s revenues in Poland; therefore, inStreamly requires Streamers outside Poland to present tax residence certificates. One can work with inStreamly without the certificate, but inStreamly may withhold 20% of funds earned by the Streamer until the certificate is provided. The payment is withheld for tax settlements with the Polish tax office. The Streamer is not entitled to charge interest on the withheld payment.
One Streamer can enter into one Contract.
The Streamer must provide authentic data, including contact details and communication language.
6. TERMS OF COOPERATION REGARDING THE STREAMER
The Streamer must be:
- a natural person who is at least 13 years old and has the legal guardian’s consent. Please note that by entering into the Contract, the Streamer represents that they are at least 13 years of age and the Streamer’s parent or legal guardian agrees on the conclusion of the Contract and accepts these T&C;
- a natural person who is at least 18 years of age and has full legal capacity;
- a legal person or organisational unit onto which the law confers legal capacity.
It is not required to perform the Contract for the purposes directly related to the commercial, business or craft activity or liberal profession (as a natural person who is not a consumer).
Cooperation with inStreamly is only possible if the Streamer has, and throughout the contract term shall have, full rights to manage the page or subpage, a part of which is available to inStreamly to enable the display of advertising content.
inStreamly may suspend the use of advertising space made available and refuse to continue using this space in the event of detecting a failure to comply with the provisions above. inStreamly shall inform the Streamer about this fact by email.
7. TERMS OF COOPERATION REGARDING STREAMER’S WEBSITES OR SUBPAGES
Cooperation with inStreamly is only possible if the Streamer’s website or subpage, as well as all contents published on such website or subpage throughout the entire term of the Contract, meets the requirements of T&C.
The Streamer represents and guarantees that the website or subpage, during the time of the Contract, contents no:
- illegal and/or socially unacceptable content such as pornography (including soft pornography), hate, racism, discrimination, sexism and objectifying of women or men (including nudity and partial nudity) or content related to violence, harassment, illegal drugs or gambling, (including, slots and non-money gambling);
- materials that violate copyright rights;
- live or non-live materials that the Streamer does not own;
- goods or services or content that: (i) do not meet the requirements of the law; (ii) are commonly considered as offensive, vulgar, racist, discriminatory (etc.); (iii) violate good manners; (iv) otherwise may expose the advertised entities or inStreamly to any harm, including loss of reputation. This includes promoting competitors of the advertised entities.
Additionally, the Streamer represents and guarantees that the website or subpage, during the time of the Contract, meets the following requirements:
- is not a non-content-based website or is a website imitating content (these include, but is not limited to, a website dedicated to showing ads or dedicated to reusing content);
- is not a website created to imitate other websites or content (these include, but is not limited to, imitating third-party websites);
- is not a website created to provide sham or illusory content to provide unlawful content and/or socially unacceptable content (mentioned above) and/or other content that is prohibited according to section 7 of T&C (these include, but is not limited to, pool-chatting, AMSR).
The Streamer represents and guarantees that through the website or subpage, during the time of the Contract, no actions shall be taken that could potentially affect the number of views of the Streamer’s website or subpage or the number of clicks on the advertising link. In particular, this applies to:
- using bots, buying viewers, using fake accounts or influencing the natural rate of user interaction with advertising link (these include, but is not limited to, repeated manual clicks or impressions, automated click and impression-generating tools and the use of robots or deceptive software, encouraging users interactions, placing misleading images or placing misleading labels next to the space);
- unnatural traffic source (these include, but is not limited to, third-party services that generate views, and paid viewers);
- incorrect settings or change of settings of Streamer’s website or inStreamly’s software leading to incorrect display of ads, including the limitation or extension of the availability and displaying of the Streamer’s website or subpage or the availability of the displayed ads (these include, but is not limited to, changing the display options that resulted in not displacing ads, changing the size of ads, placing ads outside the screen or below other content, displaying multiple ads at the same time, incorrect language settings that changes website’s or subpage’s availability).
inStreamly may suspend the use of the provided advertising space and refuse to continue using this space in the event of detecting a failure to comply with the points above. inStreamly shall inform the Streamer about this fact by email.
The configuration guide describes technical requirements for installing and configuring inStreamly software, enabling the Streamer to provide inStreamly with the option to display advertising content on a website or subpage managed by the Streamer is available here:
- 1. Open your streaming software. Click “Add new source” & choose “Browser” source
- 2. Copy-paste your streaming code into OBS (link is available in your streamer dashboard – https://streamer.instreamly.com/streaming-code/text/)
- 3. Set dimensions to width: 1920, height: 1080, FPS: 30
- 4. Enable setting “Shutdown when not visible”
- 5. Lock the layer. Do not move or scale the source after the configuration
- 6. Put the source on top of your scene and add it to your every scen
As the subject of this Contract is the paid provision by the Streamer to inStreamly with the option to display advertising contents on a website or subpage managed by the Streamer, local binding law may require to label the stream during the transmission in which inStreamly uses that advertising space (e.g. by indicating ‘sponsored’ or similar). The Streamer is obligated to label the stream and is solely responsible to third parties and to inStreamly for correctly labelling the transmission.
8. MONITORING ADVERTISING SPACE AND STREAMER’S WEBSITES AND SUBPAGES
The Streamer’s websites or subpages may be monitored by inStreamly to check if the Contract is being performed correctly. If it is suspected that the Streamer is violating the Contract’s provisions, inStreamly, until receiving credible explanations, may suspend the use of the provided advertising space or refuse further use. inStreamly shall inform the Streamer about this fact by email.
inStreamly may specify, at the same time, the actions that the Streamer must take to resume the use of such space by inStreamly, setting the deadline for their implementation (for instance, making a proper configuration of inStreamly’s software).
9. IMAGE. COPYRIGHT
By entering into the Contract, the Streamer grants free-of-charge consent to inStreamly for the use and dissemination of (non-exclusive, transferable, without geographical limitations license in the fields of exploitation specified in Article 50 of the Polish Law on Copyright Act):
- its materials made available on websites or subpages managed by the Streamer during the term of the Contract;
- its materials uploaded to inStreamly through any available means (including upload tools and social media messages);
- related to the promotion of inStreamly’s activities (e.g. dissemination on websites, in social media and advertisements);
- related to the preparation of case studies, reports and statistics and using those (including publication) in or by inStreamly;
- of reporting on the performance of inStreamly’s obligations towards third parties (brands);
- related to the preparation of guides and tutorials of how to use inStreamly’s tools and making those publicly available (e.g. publication of inStreamly’s website); and
- related to settlements.
Additionally, the Streamer grants free-of-charge, corresponding to the scope of the license described above, consent to inStreamly for the use and dissemination of its image, nickname, name and surname made available on websites or subpages managed by the Streamer or uploaded to inStreamly through any available means (including, upload tools and social media messages). That consent is given for the same purposes as the license described above.
The license and these consents are granted for the term of the Contract and two years following its termination.
The remuneration shall depend on using the advertising space on a website or subpage managed by the Streamer (number of views), not the usage time. In case of a T&C violation, the Streamer is not entitled to the remuneration accrued during or after that violation (for instance, after implementing bots).
The Streamer shall be entitled to the remuneration for implementing the Contract specified for a given advertising content. Due to the costs related to the bank transfers and their handling, their optimisation and adjustment of fees to the cost of inStreamly’s operations inStreamly may introduce limits on the amounts of remuneration that can be withdrawn. Current limits for withdrawal are available here:
- for EUR: 25 EUR
- for PLN: 80 PLN
The remuneration shall be paid on condition that inStreamly receives (only one of the following):
- correctly issued VAT invoice. In such case, the payment shall be increased by VAT; or
- correctly issued receipt.
Both of these documents must specify a payment term of 30 (thirty) days from the date of submission of the document to inStreamly. By submission, the Parties mean sending the document and data transfer to inStreamly’s server.
The Streamer shall be solely responsible for fulfilling all fiscal and tax obligations and obligations related to the social security system and all other public law obligations applicable to the Streamer following the legal provisions in force in their jurisdiction (country of residence or domicile) and inStreamly’s jurisdiction.
The Streamer shall not be entitled to payment for the time in which the use of the provided advertising space was suspended and in the event of refusing to use such space, regardless of the cause of such suspension or refusal, as long as it does not constitute a breach of the T&Cs.
inStreamly shall not be liable if the Streamer provides false or outdated information when entering into the Contract, including false or outdated Streamer’s data, as well as for the lack of updating such data by the Streamer despite their change. The preceding shall also apply to false statements made by the Streamer when entering into the Contract.
The Streamer shall be fully liable for all actions and omissions undertaken by themselves or using managed websites or subpages, any contents made available or introduced, and any breach of the Contract.
Separate points of the T&C define scope of liability for sole proprietors, firms, and consumers.
11.1. LIABILITY: sole proprietors and firms
inStreamly’s liability shall be excluded to the fullest extent permitted by law. In particular, inStreamly shall not be liable for the consequences, including any damage to the Streamer or third parties, resulting from:
- acts or omissions of entities for which inStreamly is not responsible, including, in particular, for failures, unavailability or malfunctioning of IT systems of telecommunications operators, activities of hackers or other third parties undertaking measures aimed at obtaining funds by deceit or interference in data processing;
- force majeure circumstances;
- extensions, changes, restrictions or ceasing to offer some or all of the functions, tools or campaigns, including those available at the time of concluding the Contract;
- actions taken by inStreamly following the Contract;
as well as all other actions and circumstances that have not arisen through the fault of inStreamly (intentional fault). To the extent permitted by law, inStreamly’s total liability to the Streamer shall be limited to PLN 1,000 (one thousand zlotys) for cases where liability cannot be excluded.
The Streamer shall be fully liable for all actions and omissions undertaken by themselves or with the use of managed websites or subpages, any contents made available or introduced, any breach of the Contract, and shall also be liable to the extent that inStreamly is not liable for it. The Streamer’s liability shall include actual losses and lost benefits, including all costs incurred by inStreamly to protect it against claims filed against inStreamly. The Streamer shall be solely liable for meeting the legal requirements in their jurisdiction related to the appropriate marking of space provided to inStreamly to display advertising content. This may concern, in particular and with consideration given to the legal qualification of the Streamer’s services in a given jurisdiction, the provision of information about the possibility of displaying advertising content for a product or service on a website or subpage, or that the stream is sponsored or contains product placement. inStreamly and other entities shall not and may not be liable for failure to comply with the abovementioned obligation by the Streamer.
The Streamer undertakes to replace or join inStreamly in all proceedings pending in connection with the Contract, to indemnify inStreamly, and to satisfy claims against third parties or to cover recourse claims, refund adjudicated costs, fines, punitive damages, etc.
11.1. LIABILITY: consumers and sole proprietors are treated as consumers
inStreamly is liable to the Streamer following general principles. However, inStreamly shall not be liable for the consequences, including any damage to the Streamer or third parties, resulting from the justified, not constituting a breach of the T&Cs, suspension of the use of advertising space.
The Streamer is liable to inStreamly following general principles. In particular, the Streamer acknowledges that Streamer’s actions (for instance, violating the T&C and displaying pornography beside leased advertising space) can affect inStreamly’s clients and, in case of T&C violation, can be held liable for such actions.
The Streamer shall be solely liable for meeting the legal requirements in their jurisdiction related to the appropriate marking of space provided to inStreamly to display advertising content. This may concern, in particular and with consideration given to the legal qualification of the Streamer’s services in a given jurisdiction, the provision of information about the possibility of displaying advertising content for a product or service on a website or subpage, or that the stream is sponsored or contains product placement.
In the event of non-performance or improper performance of the Contract by inStreamly, the Streamer may file a complaint. Complaints should be submitted:
- with the use of the contact form on the www.instreamly.com page;
- by email to the following address: firstname.lastname@example.org;
in writing, to the inStreamly address: (ul. Williama Heerleinaa Lindleya 16, 02-013 Warszawa (Warsaw), Polska (Poland).
The complaint must contain at least:
- data enabling the Streamer identification;
- the most detailed description of the problem, indicating the time it occurred and the extent of the irregularity;
- expectations of how inStreamly is to solve the problem.
inStreamly may leave complaints that do not contain the above elements unexamined.
inStreamly processes complaints as soon as possible, within a maximum of 14 (fourteen) days from the date of their receipt. In case of no reply, the complaint shall be deemed settled in the Streamer’s favour.
After considering the complaint, inStreamly provides information about the method of examining it through the same means of communication used to file the complaint unless the Streamer specifies another preferred means of communication in the complaint.
13. DURATION. TERMINATION OF THE CONTRACT. WITHDRAWAL
The contract is entered into for an indefinite period.
The Streamer may terminate the Contract at any time using the account deletion functionality provided by inStreamly.
inStreamly may terminate the Contract:
- at any time, by deleting the Streamer’s account in case of incorrect configuration of inStreamly’s software, intentional or unintentional. In case of intentionally incorrect configuration, as of violation of section 4 of T&C; in case of unintentional incorrect configuration, as of violation of section 7 of T&C;
- at any time, by deleting the Streamer’s account in case of a breach of section 6 or 7 of T&C;
- at any time, by deleting the Streamer’s account, in case of multiple contracts concluded by the same Streamer, as of violation of section 5 of T&C;
- at any time, by deleting the Streamer’s account, in case of the provision of false information by the Streamr, as of violation of section 5 of T&C;
- at any time, by deleting the Streamer’s account, in case of absence of communication with the Streamer, as a violation of section 16;
- without any reason after a 30-day notice period.
Contract Termination by inStreamly requires a statement sent in the electronic form to the email address provided as the address for communication.
The parties do not provide for the possibility of amending the Contract, except for changes resulting from the change to T&C.
The Streamer may only withdraw from the Contract within 14 days from the conclusion of the Contract if a reason is given. Legal notes on withdrawal and model withdrawal statements are set out in Appendix no 2. However, by giving consent to display advertising content during those 14 days, the Streamer loses that right because inStreamly performed the service in full.
13. CHANGE OF T&C
T&C may be subject to periodic updates in the case of:
- changes in relevant laws or regulatory requirements;
- the need to adapt the functionalities made available by inStreamly to the obligations, judgments, decisions, indications or guidelines of regulatory authorities resulting from the decision of a public administration authority or court ruling regarding inStreamly;
- changes in the functionalities made available by inStreamly due to technical, cost-related or technological reasons;
- removal, changing or addition of functionality by inStreamly.
inStreamly provides the dates of the last T&C update. T&C, valid when the Streamer provides inStreamly the option to display advertising content on their website or subpage, shall be applicable until the end of the started campaigns.
inStreamly shall announce changes in T&C in advance by sending an electronic statement to the Streamer’s email address provided during the account creation process. The advance period cannot be less than 30 (thirty) days.
The lack of termination of the Contract by the Streamer after changing T&C shall mean accepting the changes made by inStreamly and an appropriate change to the Contract.
14. ADDITIONAL CLAUSES
If any of the provisions of T&C, under the law or a final decision of any administrative authority or court, is considered invalid or ineffective, the remaining provisions shall remain in full force and effectiveness. Invalid or ineffective provisions will be replaced, under the Contract, with provisions that are legally valid and fully effective, with legal effects that provide economic benefits for each Party that are as close as possible to the original ones.
The Contract contains all the provisions and arrangements of the Parties covered by their content and supersedes all prior contracts, arrangements and understandings concluded between the Parties, both oral and written.
All communication between the Parties regarding the Contract’s performance should be in electronic form via email addresses:
- for inStreamly – email@example.com
- for the Streamer – given during the account creation process.
The Streamer undertakes to respond to every message from inStreamly within a maximum of 7 (seven) calendar days from its receipt and, in the case of marking the request as “Urgent,” within 24 hours from the time of receipt. The Parties understand the moment of receipt of the message from inStreamly as data transfer from the inStreamly server. The Parties understand the moment of reply for the message from inStreamly as data transfer to the inStreamly server.
16. GOVERNING LAW AND COMPETENT COURT
The provisions of the Contract and the resulting obligations shall be subject to Polish law.
Should any disputes arise from the Contract, the Parties undertake to resolve them amicably, and, if not possible, the Parties shall submit them to the decision of the local competent court having jurisdiction over the registered office of inStreamly.
For matters not covered by the provisions of the Contract, the applicable provisions of the law, in particular the Polish Civil Code, shall apply.
In the case of Streamers who are consumers, the abovementioned does not exclude the protection afforded to Streamers under the mandatory provisions of the law. That includes mandatory provisions regarding the court’s jurisdiction.
The Streamer, a consumer or sole proprietor treated as a consumer, can use the out-of-court procedure to handle complaints and pursue claims. Information on how to access the aforementioned dispute resolution mode and procedures can be found at the following address: http://www.uokik.gov.pl, under the tab “Settlement of consumer disputes”. The Streamer, who is a consumer or a sole proprietor treated as consumer, can use the EU online ODR platform, available at the following internet address: https://ec.europa.eu/consumers/odr/.
APPENDIX 1: services provided by electronic means
inStreamly provides services by electronic means. Services are as follows:
- Contact form: This service allows for sending an electronic text message to inStreamly, without the need to use your mailbox. To use this service, it is enough to enter the following data into the right boxes: (a) name (optional for Streamers that do not want to contact as inStreamly’s client), (b) email address, and (c) contents of the message. Other data is not mandatory. All boxes in the form are described and contain a prompt on what data should be entered. The contract is concluded upon using the form that is sending the message. The contract is concluded for the time of service performance, that is, sending the message to inStreamly;
- Newsletter: This service consists of the information about inStreamly being repeatedly sent to the email address given in the subscription form. To use this service, it is enough to enter the following data into the right boxes: (a) name and (b) email address. Other data is not mandatory. This service can be provided only to the user’s address that takes out the subscription, which excludes the possibility of entering another (somebody else’s) address. The contract is concluded at the subscription time, sending the form to inStreamly. The contract is concluded for the time of service performance, that is, until the user unsubscribes from the newsletter or inStreamly stops sending it;
- Account: This service consists in creating and maintaining the account with the Streamer’s data. The use of this service starts with the conclusion of the Contract. As part of this contract, the Streamer can manage their data and services as part of this contract. The contract is concluded upon concluding another contract, i.e. the Contract, as referred to in the T&Cs. The contract is concluded for the time of service performance until the contract is terminated. One Streamer can have only one account.
The services described above are provided free of charge.
When using the services, it is prohibited to provide unlawful or misleading content and to undertake actions that might cause interferences or damage to the IT systems of inStreamly. The services are provided without interruptions, subject to technical breaks necessitated by maintenance, modernisation or repair operations.
To properly use the services, it is required to have:
- a computer with Internet access and a browser;
- an active electronic mail account;
- Twitch or YouTube account (mandatory only for the account holders, i.e. Streamers concluding the Contract).
Users have the right to file complaints concerning the performance of services, regardless of the possibility to file complaints concerning the services arising from the Contract. The complaints should be filed and processed by inStreamly in the same way as in the T&C (section 12).
APPENDIX 2: Legal note on withdrawal and model withdrawal statement
Within 14 days of concluding the Contract, the Streamer may withdraw from the Contract without any reason. This does not apply if the Streamer’s advertising space has been used to provide advertisement services.
Withdrawal can be made by contacting inStreamly in any form. Alternatively, a model form can be used:
(this form is to be completed and returned only if you wish to withdraw from the contract)
Here insert Streamer’s data
I …………………. hereby withdraw from the Contract for the lease of advertising space concluded with inStreamly. The date of the agreement is ……………………………………….. and was concluded with the following data:
- Account: …………………. ;
- Email: ………………….
Here insert Streamer’s name and surname