Terms of Service

1. Subject of the Contract, Reservation of Change, YouTube API

1.1 The Provider

We, Streamfinity UG (haftungsbeschränkt) based in Fulda, Germany, are a company in the entertainment industry and offer a platform that enables its users (hereinafter also referred to as "members") to stream YouTube and Twitch videos, as well as to track previously undiscovered views for YouTube videos (hereinafter referred to as the "Streamfinity Service").

1.2 Subject matter and scope of the Terms of Use

These Terms of Service govern the terms and conditions of your use of our Streamfinity Service. The Streamfinity Service referred to in these Terms of Service refers solely to the personalized services we offer for discovering and viewing the Streaming Views, including all related features and functions, recommendations and reviews, the user interface, and all content and software offerings related to our Streamfinity Service.

These Terms of Service do not apply to any third-party services that we refer to or promote as part of our Streamfinity Service.

1.3 Reservation of change

We reserve the right to amend these Terms of Use, in particular due to changes in the law or to enable better functionality of our Streamfinity Service, subject to Sec. 6.4 the scope of the Streamfinity Service in its entirety will not be limited to your detriment. Changes to these Terms of Use will be sent to the email address you have on file, attaching the new version. The changes are deemed to have been accepted by you, provided that you do not object to the change within a period of four weeks after receipt of the change notification. All you need to do is send us an e-mail.

1.4 Scope of your license to use

By entering into this Agreement (hereinafter also referred to as "Membership" or "Subscription"), we grant you a highly personal, non-exclusive and non-transferable right to access our Streamfinity Service and watch Streaming Content and Streaming Views. No other rights or entitlements are transferred to you. In return for this, you shall be entitled to the following paragraphs, subject to the following para. 3. to pay a fee (hereinafter referred to as the "usage fee")

1.5 YouTube & Twitch

We embed YouTube and Twitch videos on our website. We are neither the author nor the host or the like of these videos. We only offer streaming of the videos through our platform. We are not responsible for the content provided via YouTube or Twitch.

1.6 Using YouTube's API Client

We use YouTube API clients to operate our Streamfinity service. By using these API clients, we are bound by YouTube's Terms of Service. YouTube's terms of service can be found here: https://www.youtube.com/t/terms. These are also part of our Terms of Use.

2. Membership

2.1 Acquisition and personal requirements for membership

Access to our Streamfinity service takes place after registration. Registration is free of charge. There is also the option of taking out a subscription. After taking out a subscription, access is granted in accordance with No. 3 and provided more information.

To do this, you will need to select one Twitch/YouTube account at a time (both must be selected for Streamfinity Pro). You will then be redirected to the payment provider Stripe.com for check-out  . On Stripe.com,  you will have to provide a series of personal details and a means of payment in the form provided for this purpose. You can access the account generated in this way (hereinafter referred to as the "User Account") at any time during the term of the contract. You can also make changes to your personal profile at any time.

After creating your User Account, you will have access to the User Account itself, to the devices compatible with our Streamfinity Service that you use to use the Streamfinity Service and to all other information at any time.

The user account is protected by a password that you assign when you set it up for the first time and can change it at any time. We recommend that you provide the password with the usual security precautions and do not pass it on to third parties.

We are entitled to suspend your user account if you suspect misuse of your user account (in particular in the case of suspected hacking) until the facts of the case have been clarified or your access data has been changed. If the misuse is caused intentionally by you, we are also entitled to terminate your membership extraordinarily and without notice.

If you suspect misuse, we ask you to contact us immediately via hotline or e-mail. Please refer to our website for contact information.

To use your Streamfinity service, you would need to be of legal age according to the regulations of the country in which you reside. In addition, the Streamfinity service must be receivable in your country.

2.2 Term of your membership

Your membership is closed for an indefinite period of time and will remain in effect until the effective date of termination by either party. In order to access the Streamfinity service, you need internet access and a device compatible with our Streamfinity service.

You can view the details of your membership by visiting our website and selecting "Personal > Subscriptions" from the navigation items on the left side of the dashboard. Features are available on the "Get Streamfinity+" page in the dashboard. There is a table there that compares membership and subscriptions free of charge.

2.3 Scope of your membership

Your membership has the following scope:

  • You can suggest videos;
  • You have your own suggestions page and can manage your suggestions;
  • You have access to a video chronicle of the videos watched in your own stream (limited to 4);
  • You have access to a video history of the videos watched in other streams (limited to 4);
  • You can write and rate and view Community Notes (a certain account age of connected Twitch/YouTube acc is required);
  • You can view events;
  • You can moderate accounts;
  • You have access to widgets (stream overlay widget & chatbot function (display of the video that is currently being watched));
  • You have access to analytics of your own streams (limited to the last 3);
  • You have access to analytics of your own videos (limited to the last 2);
  • They have access to analytics from their live feed (limited to the last 5 reactions);
  • You have access to stealth mode (limited to 3 channels);
  • You have access to Reaction Policy;
  • You can mark video reactions on YouTube as a reaction;
  • You can view entries of your own reaction videos;
  • Videos in which you are mentioned can be viewed.

2.4 Third-Party Offerings

We are entitled to offer other products and services through our platform that are published by third parties in connection with the respective offer of their own products and services.

In this case, we do not act as a provider, but only advertise these offers. If you wish to purchase a membership for these offers, you must do so directly on the website of the relevant provider. We are not liable for the content of such third parties.

3. Subscriptions

3.1 Purchase and personal requirements for a subscription

You have the option to upgrade your membership to a paid subscription to get more features of the Streamfinity service.

There are different subscriptions for different users:

  • Community+: For this it is necessary to link a YouTube or Twitch account;
  • Streamer+: For this it is necessary to link a Twitch account;
  • Creator+: For this it is necessary to link a YouTube account. For a discounted surcharge, additional YouTube accounts can be added to this subscription.
  • Streamfinity Pro: includes the Streamer+ and Creator+ subscriptions. Streamfinity Pro can only be taken out if a Twitch and a YouTube account are stored and selected

3.2 Subscription Term

You can choose between a fixed term, monthly or annual, of your subscription. The subscription is automatically renewed if neither party cancels the subscription by 12 p.m. on the day on which the subscription expires.

3.3 Cost of Subscriptions

Payments will be debited monthly in advance from the payment method you specify. For details on payment methods, see No. 6.

  • Community+ (monthly: €3.99 | yearly: €36.00)
  • Streamer+ (monthly: €9.99 | €96.00 per year)
  • Creator+ (monthly: €17.99 | €168.00 per year || additional YouTube accounts: €7.99 per month)
  • Streamfinity Pro (monthly: €24.99 | yearly: €240.00)

3.4 Scope of Subscriptions

Your subscriptions are as follows:

Notifications via email, Discord, Pushover and/or Streamfinity Dashboard will be sent. Restrictions of the free model (video limits, streams, account age CN, etc.) are eliminated.

Details of the respective subscription models:

  • Community+: Can receive notifications for reactions to self-suggested videos;
  • Streamer+: Can receive notifications for video suggestions received; The suggestions page is customizable (shapes & color can be changed; own social media channels can be added);
  • Creator+: Can receive notifications for reactions to your own videos by streamers; Can receive notifications for an overview of all reactions from the last week; Can receive notifications for submitted response for review; The suggestions page is customizable (shapes & color can be changed; own social media channels can be added);
  • Streamfinity Pro: includes all of the above additions.

4. Free Trial Subscription

4.1

Instead of a paid subscription according to the number 3., unless you have already had a subscription with us before, you can arrange a free trial subscription for a limited period of time, which can be cancelled at any time with immediate effect, at certain times that we announce on our website. This is to give you the opportunity to test the Streamfinity content we provide free of charge. The duration of the free trial subscription is 14 days.

We may use information you have provided to us as part of a previous subscription, such as device ID, payment method or email address, to identify a previous subscription.

At the end of the Free Trial Subscription, it will automatically become a Paid Subscription with monthly payment (hereinafter referred to as the "Billing Period") unless you cancel it before the end of the Free Trial.

To view the end date of the free trial period and the usage fee due thereafter, you must select Personal > Subscriptions in the dashboard.

4.2

We are entitled to exclude individual Streamfinity content from availability or only make excerpts available at our discretion for the duration of the free trial subscription.

4.3

If your trial has become a paid subscription, we will charge your account the subscription fee for the next billing period at the end of the free trial using the payment method you have provided. Please note that these and future payments are due at the beginning of the billing period and will be collected by us using the payment method you have specified.

5. Cancellation Policy/Consequences of Objection

5.1 Right of withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving reasons. The withdrawal period is fourteen (14) days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us – Streamfinity UG (haftungsbeschränkt) – of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or an e-mail to [email protected]). You can use the sample withdrawal form provided here as well as under the menu item "Contact us", but this is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

5.2 Consequences of revocation

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen (14) days from the day on which we receive the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you provided when you originally registered and used when you first paid the usage fee, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.

5.3 Expiration of the right of withdrawal

The right of withdrawal shall expire in the case of a contract for the supply of digital content not on a tangible medium if we have commenced the execution of the contract after you have (i) expressly agreed that we will commence the execution of the contract before the expiry of the withdrawal period, and (ii) you have confirmed your knowledge that you will lose your right of withdrawal by consenting to the commencement of the performance of the contract.

Sample withdrawal form

6. Invoicing, Subscription Termination

6.1 Billing Period

For the duration of the Subscription, you will be required to pay a monthly upfront usage fee in exchange for access to the Streamfinity Content.

You can choose the billing period to be a monthly or annual usage fee due in advance when you sign the contract.

The amount of the usage fees is set out in No. 3.3.

The usage fee for the Streamfinity Service will be debited from the payment method you have provided. The payment date always corresponds to the invoice date, which you can find out about in the dashboard under "Personal > subscriptions".

Connection costs, especially for services of an Internet provider, are not included in the usage fee. You are solely responsible for creating an appropriate connection and the costs incurred for this.

6.2 Method of payment

To use the Streamfinity service, you will need to provide one or more payment methods when setting up your subscription. We use stripe.com for payment processing. We accept major credit cards, but also payment systems such as PayPal, Klarna, Apple Pay, etc. Details can be found during the registration process.

If a usage fee cannot be collected despite being due, your access to our Streamfinity service may be suspended until a payment has been made. Therefore, please remember to change changes to the payment method (e.g. if the credit card is about to expire) in your user account in good time.

6.3 Termination, Refund of User Fees

You may cancel your subscription until the end of the day your subscription ends, and you will continue to have the option to use the Streamfinity Service until the end of your subscription. To cancel their subscription, go to "Personal > Subscriptions" in the dashboard. Here you can select the sub-item "cancel" by clicking on the three dots on the right.

If you cancel your subscription, your account will automatically be converted to a member account at the end of the contract. To see when your account will be converted, click under "Personal > Subscriptions" in the dashboard.  If your subscription is terminated before the end of the billing period, we will immediately refund any usage fees already paid to you upon termination of the Agreement.

6.4 Price changes

We reserve the right to change the price of subscriptions in the event of a material change in procurement and deployment costs. However, changes will only take effect with 45 days' notice.

7. Other Regulations for Membership/Subscriptions

7.1 Personal requirements

In order to legally agree on a membership/subscription, you must have full legal capacity under the law of your home country, i.e. usually be at least 18 years old.

7.2 Availability of the Streamfinity Service

The Streamfinity service is basically available at any time of the day or night. We reserve the right to interrupt the Streamfinity service for maintenance work and updates for a short time. These are preferably carried out between 9:00 and 11:00 CET/CEST.

7.3 Restriction of Use

You will be able to view the Streamfinity Content primarily in the country in which you created your user account, and generally only in those countries where we offer our Streamfinity service.

7.4 Reservation of change for streaming content

We reserve the right to update the Streamfinity service regularly.

We also reserve the right to change individual components of our Streamfinity Service, in particular the website, user interfaces and advertising features.

7.5 Misuse of the Offer

You are not allowed to:

7.5.1

Streamfinity.tv is financed by the insertion of advertising, among other things. We reserve the right to block individual functions, certain or all content or access to the entire platform if this agreement on the fair use of the platform is unilaterally violated by the user through the use of so-called ad blockers. Regardless of this, we do not guarantee or warrant the proper functioning of the platform when using ad blockers, as such programs may interfere deeply with the functioning of the platform and may impair it;

7.5.2

Manipulating the data received from Streamfinity, such as view numbers, information, cross-references, usage rights and others;

7.5.3

Distribute prohibited content, hate speech, fake news, disinformation campaigns, pornography, or similar content through our platform;

7.5.4

Misuse of the Community Notes (https://streamfinity.tv/de/dashboard/notes) feature, e.g. by submitting spam.

7.5.5

Failure to comply with the Reaction Policies provided by rights holders. This can only be viewed via the browser extension on the YouTube video accessed.

7.5.6

Deliberately providing false evidence of the use of video content via the Streamfinity browser extension, as part of the "Reaction Marking" feature. (Incorrect specification of the source video, incorrect specification of the time frame in which the specified video is used.)

In the event of misuse of the Streamfinity offer, we are entitled to terminate the membership existing with you extraordinarily and without notice. In this case, we expressly reserve the right to further statutory claims, in particular for damages.

7.6 Usage analysis

By completing your membership, you give us your consent to collect information about the frequency of accessed content anonymously in order to measure views.

7.7 Ordinary termination of the provider

We are entitled to terminate this contract with notice of six weeks to the end of a calendar quarter. The right to extraordinary termination remains unaffected. If there is an advance payment balance in your favour at the time of termination due to the selected billing period, this will be refunded to you immediately after the termination of the contract.

8. Limitation of Liability

8.1

Subject to clause 7.2 below, our liability and the liability of third party owners to you arising out of or in connection with the provision of the Streamfinity Service in the event of a slightly negligent breach of a material contractual obligation under these Terms shall be limited to such damages as are typically foreseeable. A "material contractual obligation" under these Terms is an obligation the performance of which is essential to the proper performance of these Terms, the breach of which jeopardizes the purposes of these Terms and the performance of which you as a user regularly rely. Damage is "foreseeable" if it was typically foreseeable at the time you accepted these Terms. We exclude our liability as well as the liability of third-party rights holders for the slightly negligent breach of a non-material contractual obligation.

8.2

Our liability as well as the liability of third party rights holders for gross negligence or intent or for injury to life, limb or health or due to fraud is neither excluded nor limited by these conditions.

8.3

To the extent that our Streamfinity Service contains links to third-party sites, resources, or services, we have no control over the content of those sites, sources, or services. Use of any such sites, resources, or services is subject to the terms of use and privacy policies of the applicable third party. We assume no liability for them or for any damage that may arise from their use.

8.4

Statements or other materials posted through the Streamfinity Service are not intended to provide you with a reliable assessment. Therefore, we are not liable for any damages resulting from any reliance on such content by a user of our Streamfinity Service or third parties

9. Force majeure

We exclude liability for the delay or non-performance of the Streamfinity Service to the extent that such delay or failure to provide is beyond our control or the control of the third party rightholder. This includes, but is not limited to, failure of electronic or mechanical equipment or communication channels, access by third parties, telephone or other connection problems, computer viruses, unauthorized access, theft, operator error, fire, extreme weather conditions, including floods, acts of nature or orders of regulatory, governmental or supranational authorities, war or riot.

10. Other regulations

10.1 Applicable law

The streaming contract concluded by these Terms of Use is subject to the law of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods and the provisions of German private international law.

10.2 No arbitration

We do not participate in alternative dispute resolution procedures before a consumer arbitration board and are not legally obliged to do so.

10.3 Data protection

We collect and store the data of our customers necessary for the processing of our business. When processing personal data, we observe the legal provisions. Details can be found in the privacy policy available online from us. You will receive information about the data stored about you at any time.