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 service or channel hosted at XTREAMCAST by spamming from another 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. Subscription, Automatic Renewal and Term of the Agreement
By contracting a plan or a recurring add-on service, the client subscribes to the Service. The subscription has an indefinite duration, with no minimum term, and renews automatically at the end of each billing cycle, for a new period equal to the one contracted, until the client cancels it.
- Billing cycle: the one the client chooses when contracting, monthly or annual. The cycle, the price and the next renewal date are always visible in the control panel, under “My Profile & Billing”, “Subscriptions” tab.
- Automatic charge: by accepting these Terms, the client expressly authorizes XtreamCast to automatically charge the card registered as the payment method for the amount of each renewal on the due date of the cycle (every month or every year, as applicable), with no need for further confirmation. This authorization remains in force while the subscription is active.
- Payment methods without automatic charge: if the client has no registered card, or pays with a method that does not support automatic charges, each renewal is paid through the invoice notice issued before the due date (Section VIII).
- How to cancel: the client may cancel the subscription whenever they wish from the control panel, under “My Profile & Billing”, “Subscriptions” tab, “Cancel subscription” button.
- Deadline to avoid renewal: to avoid the renewal and its automatic charge, the subscription must be cancelled no later than the day before its due date. A cancellation made on the due date itself or later does not prevent the charge for the period already renewed.
- Effect of cancellation: cancellation stops future renewals and charges. The Service remains available until the last day of the period already paid, and unused time is not refunded (see Section XIV).
It is the client's responsibility to cancel the subscription on time if they do not wish to continue: forgetting to cancel does not entitle the client to a refund of the renewal charge (see Section XIV).
Likewise, XtreamCast may terminate the Service in the event of non-compliance with what is stipulated in this document, in which case there will be no refund of the money paid.
IV. Services
XTREAMCAST will provide the client, who accepts for themselves, professional video and audio streaming services: live streaming servers, transcoding, content delivery, players, mobile applications, complementary tools 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. 10-Day Technical 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, forgetting to cancel the subscription before its renewal 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.
When the client has a registered card, the amount of the invoice notice is charged automatically to that card on the due date, in accordance with the automatic charge authorization in Section III. If the card issuer declines the charge, the invoice notice remains pending and the client must pay it by another method to avoid suspension of the 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. Video Bandwidth (Monthly Traffic)
Each video plan in the current lineup includes a defined monthly transfer-traffic allowance, counted over the service's billing cycle and reset automatically on each renewal. The client pays exclusively for the contracted traffic allowance: XTREAMCAST does not apply automatic overage charges. The platform notifies the client upon reaching 80% and 100% of their allowance. If the client consumes all of their traffic before renewal, they may upgrade their plan on a prorated basis to reactivate immediately, or keep the service paused until the next monthly renewal, at which point it reactivates automatically.
XI. Resource Usage Policy for Legacy Video Plans (no longer sold)
This clause applies exclusively to legacy video plans contracted under previous lineups, which offered unlimited bandwidth with a concurrent-viewer cap, and which are no longer sold. In those plans, the concurrent-viewer cap is designed to cover sporadic audience peaks. If a channel's audience sustainedly exceeds the contracted concurrent-viewer cap over the monthly period (for example, a channel with a 500-viewer cap that keeps more than 500 viewers connected throughout the month), that consumption is classified as excessive use and an additional charge of 50% of the contracted plan's cost may apply. We recommend that clients on legacy plans migrate to the current lineup. Video plans in the current lineup are NOT subject to this policy: they are billed exclusively for the contracted traffic allowance, with no additional usage charges (see clause X).
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 Sections III and VII and Chile's Consumer Protection Law (Law 19.496) and equivalent regulations in other jurisdictions:
- When a refund applies: XtreamCast only refunds money in two cases: (a) a failure of the Service attributable to XtreamCast, or (b) a breach of these Terms by XtreamCast. The refund is not automatic: it is requested through the official channels (Section XII) and resolved once the case has been verified.
- 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.
- No refund for change of mind or forgetting to cancel: no money is refunded for a change of mind, for no longer using the Service or for forgetting to cancel the subscription before its renewal. Contracting the Service does not carry a right of withdrawal, and a renewal charge made in accordance with Section III is not refunded for these reasons.
- Consumed services: already-consumed plan periods and add-ons already used are not refunded. Third-party licenses the customer needs for its content (for example, broadcast rights or codecs) are the customer's responsibility and are not part of any refund.
- Renewals: the client may cancel the subscription at any time from the control panel; to avoid the renewal and its automatic charge, this must be done no later than the day before the due date (Section III). 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 guarantees a minimum monthly availability of 99.995% on all paid plans, measured over the ingest and delivery layer of the Service (the Free Plan is governed by Section XXII). 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.). This availability commitment does not generate service credits, compensation or automatic refunds; any remedy for unavailability is governed by Section XIV (Refund Policy) and Section XVI (Limitation of Liability).
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.
XXII. Free Video Plan
XtreamCast offers a free video plan (the “Free Plan”), at no cost and with no end date. The Free Plan is governed by these Terms wherever they apply and, in addition, by the rules of this section, which prevail over any other with respect to that plan.
- Scope and limits: the Free Plan includes only the features and limits published on the pricing page at the time of use (among them, concurrent viewers, bitrate and restream destinations). The stream plays exclusively in the XtreamCast player, which shows the XtreamCast brand over the picture. When a limit is reached, the Service may turn away new viewers or stop the broadcast without prior notice.
- One free channel per person: each person or organization may have a single Free Plan channel. Creating several accounts, using false details or temporary email addresses, or any other means, to obtain more than one free channel or to get around the limits of the plan is prohibited.
- Uses not allowed: in addition to Sections I, II and XIII, the Free Plan does not allow reselling or transferring the channel, hiding, altering or removing the XtreamCast brand from the player, or playing the stream outside the official player by any technical means.
- Immediate suspension and termination: XtreamCast may suspend or delete a Free Plan channel or account immediately and without prior notice on suspicion of misuse, abuse, fraud, a breach of these Terms or a risk to the platform or to other clients. That measure gives no right to damages or compensation of any kind.
- Unused channels: a Free Plan channel that does not broadcast within 24 hours of being created, or that goes 30 days in a row without broadcasting, is deleted together with its configuration. XtreamCast sends an email notice before deleting it. The person may create a new channel later.
- No SLA, guarantee or refunds: the Free Plan is provided “as is” and as available. The availability commitment of Section XV, the Technical Guarantee of Section VII and the Refund Policy of Section XIV do not apply to it, and it does not include committed support response times.
- Changes to and end of the plan: XtreamCast may change the limits and features of the Free Plan, start charging for it or stop offering it at any time, without this creating any obligation or compensation.
- Moving to a paid plan: the person may move the channel to a paid plan at any time from the control panel. From that moment the channel is governed by the conditions of the contracted plan, including Section III.
- Liability: to the maximum extent permitted by applicable law, XtreamCast is not liable for damages arising from the use of, or the inability to use, the Free Plan, from the suspension or deletion of a channel or from the loss of its configuration.