Product Terms of Use

(the “Product Terms”)

1 Introduction

1.1 These Product Terms govern your use of a Goodcam product (the “Product”) and together with the terms and conditions of the online store located on the Goodcam website at https://www.goodcam.io/ (the “Goodcam Online Store”) form part of the contract of purchase and sale of the Products concluded between the seller and the buyer via the Goodcam Online Store.

1.2 By purchasing, installing, activating, deploying, accessing or otherwise using the Product, you accept and agree to be bound by these Product Terms.

2 Definitions

"Goodcam", “seller” or "we": the company streamhosting.cz, s.r.o., with the registered office at Kališnická 379/10, Žižkov, 130 00 Praha 3, Czech Republic, ID No.: 28535367, VAT ID No.: CZ28535367, registered in the Commercial Register kept by the Municipal Court in Prague, File No. C 148634;

“Goodcam Website”: the official Goodcam website https://www.goodcam.io/ and any subdomains thereof;

“Lifetime”: the lifetime of the Product defined by us as the period from the initial deployment and activation of the Product until its designated end of life, as notified on the Goodcam Website;

“Software” shall mean any operating system, firmware or application software installed on the Product;

“user” or "you": anyone using the Product;

3 Software licence

3.1 Subject to the terms, conditions and restrictions set out in these Product Terms, we grant to you a non-exclusive, worldwide, transferable, non‑revocable licence to use the Software with the Product for the duration of the Product’s Lifetime.

3.2 The Software may contain open-source software licenced under open-source licences which are identified in the software licence specification for the relevant Product available on the Goodcam Website. You accept such open-source licenses. Use of any open-source software in conjunction with the Software in a manner consistent with the terms of these Product Terms is permitted; however, you may have broader rights under the applicable open-source license terms and nothing in these Product Terms is intended to impose further restrictions on the use of any open‑source software. Copyrights to open‑source software are held by the copyright holders indicated in the copyright notices in the corresponding source files.

3.3 Except as otherwise expressly set forth in these Product Terms, you shall not, or permit any third party to, directly or indirectly:

  1. reverse engineer, disassemble, or decompile the Software or any portion thereof; or
  2. attempt to circumvent or render inoperative any usage restriction features contained in the Software.

4 Security fixes

4.1 We will provide security fixes and updates for the Product during its Lifetime.

4.2 You are encouraged to report any identified security vulnerabilities or issues in the Software to us. If we receive a report of a security vulnerability from you, we will investigate the issue and, when necessary and within the Lifetime of the Product, develop the necessary security fixes or updates to address the reported vulnerabilities.

5 Cloud infrastructure availability

5.1 To the extent that you use the Goodcam cloud infrastructure as part of the functionality or services of a particular Product, we will:

  1. maintain and keep the cloud infrastructure running free of charge for the entire lifetime of the Product;
  2. ensure that the cloud infrastructure maintains a sufficient level of availability, reliability, and performance standards to support the Product’s functionality;
  3. use commercially reasonable efforts to minimise downtime and promptly address any service disruptions; and
  4. give you advance notice of any scheduled maintenance of the cloud infrastructure that may impact the availability of the cloud services via the Goodcam Website.

6 Technical support

6.1 We will provide you with free technical support on an 8/5 basis (8 hours a day, 5 days a week).

6.2 The technical support is available during standard business hours, specifically from 9:00 to 17:00 CET, Monday to Friday, excluding public holidays and weekends.

6.3 The channels for technical support are as follows:

  1. Email Support: the Customer can send support requests to support@goodcam.io;
  2. Support Portal: Customer can submit and track support requests via the Supplier's support portal at https://github.com/GoodCam.

6.4 We will use commercially reasonable efforts to resolve technical issues in a timely and efficient manner.

7 Limitation of liability

7.1 Notwithstanding anything else in these Product Terms, to the maximum extent permitted by applicable law, we disclaim any liability for any direct, indirect, special, incidental, consequential, punitive or other damages and costs, including but not limited to loss of profits, revenue, savings, anticipated savings, business opportunity, data or goodwill, whether such losses are foreseeable or not, incurred by you in connection with the use of the Product.

7.2 Without prejudice to the previous paragraph, the maximum liability arising from the use of the Product shall be limited to the amount paid by you as the purchase price of the Product.

7.3 Some jurisdictions do not allow the exclusion or limitation of damages, so the above limitation or exclusion may not apply to you.

8 Applicable law and jurisdiction

8.1 You agree that the laws of the Czech Republic, without regard to conflicts of laws principles, will govern these Product Terms and any dispute of any nature whatsoever that may arise between you and us. This choice of law clause does not deprive you of your rights under the mandatory provisions of the law of his country of habitual residence, if that law would otherwise be applicable pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

8.2 Any disputes arising in any way out of these Product Terms shall be finally settled by the courts of the Czech Republic, in particular by the District Court for Prague 3 or by the Municipal Court in Prague (in the event that a regional-level Court decides as a court of first instance pursuant to relevant procedural laws). If you have violated or threatened to violate our intellectual property rights in any way, we may seek injunctive or other appropriate relief in any court of our choice. You agree to submit to the exclusive jurisdiction and venue of such courts.

Last updated: 3.6.2024