This is a courtesy translation. In case of any discrepancy, the Spanish version (Términos y Condiciones) prevails.
These Terms and Conditions (the “Terms”) govern the access to and use of the Service provided by BLACKLINE SPA, Tax ID (RUT) 76.163.084-9, a Chilean company with registered address in Santiago, Chile, owner of the STREAMINGHD and XtreamCast brands (hereinafter “XtreamCast”, “we” or the “Provider”). By contracting or using the Service, the client declares having read, understood and accepted these Terms.
I. User Conduct
Our services may be used for lawful purposes only; any use of the services that violates any law applicable to XTREAMCAST, its local jurisdiction, or any jurisdiction to which you are subject, is strictly prohibited. This means that while using the service, you may NOT:
- Provide or disseminate information that violates the law in force under Chilean legislation.
- Incorporate/publish illegal content such as pirated content, audio and video without copyright clearance, or adult or pornographic content.
- Use malicious scripts or software without approval by a specialist, keeping it in inadequate states and affecting the performance of the service provided.
Abusive language, insults and/or threats toward XTREAMCAST staff. Should this occur, the service agreement will be terminated immediately, with no right to any claim by the client in question.
II. Prohibited Activities
The activities that will under no circumstances be allowed on the servers and/or services provided by XTREAMCAST are the following:
- Spamming: Sending unsolicited electronic advertising communications to those with whom the Client has no prior commercial relationship.
- Spoofing: Using a reply email address that is not the sender's valid reply address, or sending an email message that does not contain enough information to allow the recipient to identify the person actually sending the message.
- Passive spamming: Promoting a website hosted at XTREAMCAST by spamming from some other sending source.
- Trolling: Sending controversial messages to newsgroups with the sole purpose of generating responses and disrupting the operation of the group in question.
- Mailbombing: Flooding a user with email without the intention of establishing correspondence.
- Phishing: A type of offense framed within the scope of cyber fraud, committed through a type of social engineering characterized by attempting to fraudulently acquire confidential information.
III. Term of the Agreement
This agreement between XTREAMCAST and the client has an indefinite duration and sets no end date for the service unless the client requests it; the client has no obligation to remain with the services and is free to terminate the service whenever they deem convenient. Likewise, XTREAMCAST may terminate the service in the event of non-compliance with what is stipulated in this electronic document, and there will be no refund of the money paid.
IV. Services
XTREAMCAST will provide the client, who accepts for themselves, a service of development, hosting, domains, streaming, VPS and related services, according to the conditions detailed in the contracted plan, which by this act are deemed known and accepted by the contracting parties. XTREAMCAST declares that it hosts its services in different data centers located in Chile and/or around the world, according to availability and technical feasibility.
V. Fortuitous Events
XTREAMCAST will under no circumstances be held responsible for the following reasons:
- Earthquakes and natural disasters that prevent delivery of the service.
- Outages of national and/or international links provided by external companies.
- Prolonged power outages that exceed the regeneration capacity provided through external companies.
- Loss of data and/or information deleted by the client.
- Misconfiguration and service failures caused by misuse.
VI. High-Capacity Services
Any high-capacity service contracted at XTREAMCAST will not be supervised by our company; this means it may obtain the maximum allowed according to the resources and connectivity available to the server. If other clients within the server are affected, these services will be restricted to ensure the continuity and improvement of the service delivered.
VII. Money-Back Guarantee
XTREAMCAST will offer a full money-back guarantee to the client if a technical issue attributable to our services arises within the first 10 days from the purchase date. This benefit does not apply to web development or mobile application development services.
XTREAMCAST will not issue any refund for having used 100% of the monthly bandwidth, change of mind or any other reason on the client's part.
VIII. Rates, Charges and Payments
The rates published on the website https://XTREAMCAST.co must be honored for the client; however, XTREAMCAST has every right to modify its price list as it deems convenient.
Charges for additional services are accepted by the client; in no case may XTREAMCAST increase the price through "additional charges" without evaluating them in proportion to the current service, that is, unless the client requests them.
Service payments are made on a recurring or one-time basis depending on the agreement and the type of service contracted. If recurring, every month the client receives an invoice notice 7 days before its due date with the total amount payable for the service; once the invoice notice is overdue, XTREAMCAST has every right to suspend the contracted service.
If the client has arrears or outstanding debts with XTREAMCAST, this will be grounds for suspension and/or termination of the service.
The client may request a payment extension for necessary reasons (only once); this does not include specific services that involve commercial license payments to external merchants. In such cases XTREAMCAST has the right to charge for the pending days of non-payment, applying a timely surcharge in accordance with the Chilean consumer law.
Every invoice issued by XTREAMCAST must be accepted by the client. If an invoice is rejected, the client is responsible for reporting the reason for the rejection through XTREAMCAST's official communication channels: email (contacto@xtreamcast.co) or a ticket to the commercial area in the client portal.
IX. Changes to the Plan Lineup
XTREAMCAST has every right to modify the features of the plans as it deems convenient. For clients with active plans, the features of the contracted plan must be honored according to their billing cycle. That is, for a client on a monthly cycle, their plan may be modified at each month's renewal period.
X. Bandwidth
Bandwidth consumption is monthly and is counted from the first day of the month to the last day of the month. Every month the consumption is reset automatically; this happens on the first day of each month at 0:00. Bandwidth measures the consumption of streaming Kbps + concurrent viewers + streaming time. If the client consumes all the bandwidth of their plan, their account will be suspended until the next monthly renewal.
XI. Resource Usage Policy and Overage Charges
Our services and plans are designed so that clients can efficiently handle their usual resource needs, with the flexibility to support occasional usage peaks without problems. The maximum limit of allocated resources is intended to cover those sporadic peaks, allowing the client's operations to run smoothly at times of higher demand. However, if resource usage sustainedly exceeds the expected average by 20% of the maximum limit during the monthly contract period, this is considered permanent usage outside the normal parameters of the service. This type of sustained consumption can impact the overall capacity of the system and is classified as excessive use. In these cases, to guarantee the sustainability and quality of the service, an additional charge of 50% of the contracted plan's cost will apply. We recommend regularly reviewing resource usage and adjusting the plan as needed to avoid additional charges and optimize performance.
XII. Available Communication Channels
XTREAMCAST will keep the following communication channels available should the client wish to contact our company: landline phone, WhatsApp number, corporate emails, contact form and support ticket. Should any of them fail, the client must use a different communication channel.
XIII. Acceptable Use Policy
Without prejudice to the prohibitions in Section II, the client undertakes not to use the Service to:
- Distribute content that infringes intellectual property rights, copyright, trademarks or patents of third parties.
- Broadcast content that constitutes child pornography, advocacy of terrorism, hate speech, incitement to violence or any other unlawful content under Chilean legislation or that of the client's country.
- Carry out activities that compromise the security of the platform (intrusion attempts, denial of service, reverse engineering, unauthorized scanning).
- Resell, assign or sublicense the Service without express written authorization from XtreamCast.
- Use the Service to operate cryptocurrency mining networks, abusive proxies, botnets or fraudulent traffic.
XtreamCast may suspend or terminate the Service immediately, without refund, upon a breach of this policy. In serious cases, we reserve the right to report the facts to the competent authorities and preserve evidence.
XIV. Refund Policy
The following refund rules apply, consistent with Section VII and Chile's Consumer Protection Law (Law 19.496) and equivalent regulations in other jurisdictions:
- 10-day guarantee: full refund of the plan if a technical fault attributable to XtreamCast occurs within 10 calendar days of the initial purchase. It does not apply to custom development services.
- Consumed services: already-consumed plan periods and third-party licenses (DRM, codecs, addons) are not refunded.
- Renewals: the client may cancel renewal at any time. Cancellation takes effect at the end of the current billed period; it does not generate a retroactive refund.
- Platform: the refund is made through the same payment method used. Timeframes: 3–30 business days depending on the processor (GetNet, Khipu or PayPal).
XV. Service Availability and SLA
XtreamCast commits to a monthly availability target of 99.95% measured over the ingest and delivery layer of the Service. The measurement excludes scheduled maintenance windows (notified at least 48 hours in advance), fortuitous events (Section V) and problems attributable to third parties (the client's telecom operators, multistreaming destination platforms, etc.). SLA breach credits are available for clients with plans that expressly include them and are applied as credit on future invoices, not as a money refund.
XVI. Limitation of Liability
To the maximum extent permitted by applicable law:
- XtreamCast will not be liable for indirect or consequential damages, lost profits, loss of business opportunity or reputational damage arising from the use or inability to use the Service.
- The Provider's cumulative liability toward the client, for any cause, will not exceed the amount actually paid by the client to the Provider during the twelve (12) months prior to the event giving rise to the claim.
- The client acknowledges that live streaming depends on multiple external factors (the client's network, capture devices, viewers' connections) and releases XtreamCast from liability for failures attributable to those factors.
XVII. Intellectual Property
The client retains the intellectual property of the content they upload, broadcast or store on the Service (the “Client Content”). The client grants XtreamCast a limited, non-exclusive, worldwide license, exclusively to operate the Service (transcoding, CDN distribution, thumbnail generation, backups). This license ends upon account closure or deletion of the content. XtreamCast does not use Client Content to train artificial intelligence models without express consent (see Privacy Policy).
XVIII. Confidentiality and Personal Data
The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. XtreamCast applies reasonable technical and organizational measures to protect client information (encryption in transit and at rest, MFA, least-privilege access control, audits).
XIX. Jurisdiction, Governing Law and Dispute Resolution
These Terms are governed by Chilean law. The parties submit to the jurisdiction of the ordinary courts of justice seated in the commune of Santiago de Chile, without prejudice to the non-waivable rights that the consumer protection rules of each country grant the client, which will be fully respected.
Before initiating legal action, the parties agree to attempt an amicable resolution by email to contacto@xtreamcast.co within a period of 30 calendar days. For enterprise contracts, arbitration may be agreed under the rules of the Arbitration and Mediation Center of the Santiago Chamber of Commerce (CAM Santiago).
XX. Changes to these Terms
XtreamCast may modify these Terms to reflect legal, regulatory or operational changes. Substantial changes will be notified to the client at least 15 days in advance by email or a prominent notice in the panel. Continued use of the Service after the changes take effect implies acceptance of the new version.
XXI. Client Acceptance
The Client declares having carefully read this document and being fully aware of the terms and conditions of the stipulated and contracted service, as well as the Privacy Policy that complements it.