These Terms and Conditions are legally binding

  1. M Stream Inc. is the operator of the Streamline Software service ( the Service ).

  2. Your use of the Service is expressly conditioned on your acceptance of the Terms and Conditions set forth herein.

  3. By using the Service, you accept that you unconditionally agree and accept to be legally bound by these Terms and Conditions.

  4. No other terms or conditions of any sort in any document, writing or other communication whatsoever made by you to M Stream Inc. or its employees, representatives or agents in relation to the Service shall be applicable to or binding on M Stream Inc.

Changes to This Agreement or The Services.

  1. M Stream Inc. reserves the right to alter these Terms and Conditions at any time, provided advance notice is posted to our site. Such changes will be effective and legally binding on you when posted on our website for the Service or when we notify you by other means.

  2. Please review these Terms and Conditions periodically for changes.

  3. Your continued use of this Service after amended Terms and Conditions is posted on this website or is otherwise brought to your attention signify that you agree and accept to be legally bound by the changes.

Grants of Licenses to Use

    M Stream Inc. hereby grants to you a limited, non-exclusive, non-transferable right to use the Service provided that you agree to the following:

  1. M Stream Inc. may, at its sole and absolute discretion, without prior notice to you and without liability, reject, prevent, discontinue or suspend your account(s) and/or your use of the Service if, at its sole discretion, M Stream Inc. is of the opinion that your use does not meet M Stream Inc.'s specifications or guidelines, or which M Stream Inc. may consider to be inappropriate, illegal or harmful to its interests. If M Stream Inc. exercises its absolute discretion under this paragraph, it shall have no liability to refund any portion of your pre-paid subscriptions made before said breach of use, if applicable. Without limiting or waiving any right against you that M Stream Inc. may have under the law or these Terms and Conditions in relation to any inappropriate, illegal or harmful use, M Stream Inc. reserves the right to deduct any costs, damages or expenses that it may have incurred in relation to such inappropriate, illegal or harmful use from your unused pre-paid subscriptions, if any, or to claim the same from you by any other means.

  2. You agree to comply with any policies or guidelines that M Stream Inc. may introduce or amend from time to time. M Stream Inc's policies or guidelines may relate to technical specifications, privacy, acceptable content, and any other matter, as the same may be amended by M Stream Inc., at its absolute discretion, from time to time.

  3. You agree that you will not provide access to or furnish any part of the Service to any third party; modify, disrupt or interfere with the Service, supporting servers, or networks either manually or through the use of scripts, viruses, or worms; reproduce, duplicate, copy, deconstruct, sell, trade or resell the Service; or excessively overload the systems that M Stream Inc. uses to provide the Service.

  4. M Stream Inc. may, at its sole and absolute discretion and without prior notice to you, amend, suspend, vary or withdraw the Service, these Terms and Conditions and/or its website at any time and from time to time.

  5. You shall be solely responsible for your use of the Service and shall indemnify M Stream Inc. for, and hold M Stream Inc. harmless from, all loss, costs, and damages incurred by M Stream Inc. in connection with any claims by third parties against M Stream Inc. in relation to your use of the Service and in connection with your breach of these Terms and Conditions or any policies or guidelines that M Stream Inc. may introduce from time to time.

  6. You hereby represent, warrant and covenant to M Stream Inc. that at all times, (a) you have all rights, consents, licences and permits that may be necessary or desirable for you to have in order to use the materials, graphics, logos, videos, data or information you input into the Service (where applicable) (“Your Content”) in the manner and the purpose for which you use Your Content; (b) all of Your Content comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party.

  7. You represent and warrant to M Stream Inc. that you have the full corporate rights, power and authority to agree to these Terms and Conditions and perform the obligations agreed by you, and that doing so does not and will not violate any agreement or obligation to which you are bound, or any applicable law, rule or regulation.

  8. You hereby agree that M Stream Inc. may, but is not obliged to, use your name and refer to you as a user of the Service in any publicity, press release, advertising or marketing material, throughout the world and using any form of media, provided M Stream Inc. gives notice of said use within a reasonable period of time prior to acting. If you wish to use or display M Stream Inc’s trademarks or mention M Stream Inc. in any publication, website, press release or in any other manner, you must obtain the prior written consent of M Stream Inc.

  9. You agree that you are solely responsible to obtain or provide any hardware or software that you may need to gain access to and use the Service, and for any damage or loss that you suffer as a result of the operation of such hardware or software, including incompatibility with any platforms used by M Stream Inc. in providing the Service.

  10. You agree that M Stream Inc. is the sole owner of and has the right to use any feedback you provide on the Service in any way whatsoever including to improve existing or create new products and services.

  11. M Stream Inc. reserves all rights in the Service not granted to you expressly in these Terms and Conditions.

  12. You hereby agree to grant M Stream Inc. a worldwide, royalty-free, non-exclusive license to publish, alter, adapt, compile, host and use (a) Your Content (including, without limitation, to reproduce in a material form, publish, perform, communicate to the public, and to make an adaptation of Your Content) for the purpose of providing you with the Service, and, (b) if M Stream Inc. provides any community forum for users of the Service to exchange user tips and publish their comments and opinions, any comments, opinions and other material you upload or publish on such a forum.

Payment Terms

  1. By creating an account and subscribing for the Service or renewing your subscription for the Service, you indicate you agree to the charges imposed by M Stream Inc. for the particular services or products you have requested.

  2. You agree to comply with any payment terms that M Stream Inc. may impose from time to time, as laid forth in this Agreement.

  3. You may be required to pay M Stream Inc. in advance and/or an annual, half yearly, quarterly or monthly basis to use the Service. Your subscription may be renewed automatically on or close to its expiry at the subscription rates applicable at the time of renewal. However, even if a facility to renew your subscription automatically exists, it is solely your responsibility, and not that of M Stream Inc., to ensure that your subscription is renewed prior to its expiry, failing which your ability to use the Service shall expire automatically. M Stream Inc. may not give you prior notice of an automatic renewal. If M Stream Inc. is unable to effect this automatic renewal for any reason whatsoever, your subscription will expire automatically. For subscribers choosing to pay by credit card, subscription fees for renewal may be charged to the credit card on record unless M Stream Inc. is notified of a change or cancellation in writing using the tools or means made available by M Stream Inc.

  4. All sums payable by you to M Stream Inc. may be quoted exclusive of any goods and services tax, or any other taxes that may be levied on the subscription or charges levied by M Stream Inc. As such, you agree that M Stream Inc. may charge you and/or the credit card on record for any taxes or charges that M Stream Inc. is required by any applicable law or regulation to levy on the subscription or charges.

Term and Termination.

  1. M Stream Inc. shall have the right to terminate its relationship with you, without prior notice, if you breach or fail to comply with any provision of these Terms and Conditions.

  2. This Agreement and your ability to use the Service shall also automatically terminate upon the expiry of your subscription.

  3. After termination, M Stream Inc. may, at its sole discretion, maintain any data you have uploaded into its systems.

  4. You agree that M Stream Inc. has no responsibility to maintain your User account or any of Your Data after termination and you shall hold M Stream Inc. harmless and free from any fees, damages, or claims you may suffer in relation to the same or any claims or actions you may have or face in relation to the same.

  5. If termination is due to your failure to renew your subscription on a timely basis, you may reactivate your account and access Your Data if renewal under such circumstances are enabled by M Stream Inc. To do so you may have to pay any subscription fees or charges that may be imposed by M Stream Inc., including reactivation fees (if any), within any period that may be stated by M Stream Inc., failing which M Stream Inc. may permanently remove and delete your user account(s) and any data you have uploaded into its systems.

Your Data, M Stream Inc's Data, the Storage and Transmission of Your Data and the M Stream Inc. Privacy Policy

  1. You, and or your customers, partners or associates, whichever may be applicable, are the owner of any data you upload into the Service ( Your Data).

  2. You hereby agree that M Stream Inc. is the owner of all data other than Your Data, including any system generated data generated by the Service or any data compiled from data inputted into the Service by all users of the Service on an aggregate basis ( M Stream Inc's Data).

  3. M Stream Inc. may use all of M Stream Inc's Data in any way it chooses including to improve or adapt its services, or to create or design new products and services.

  4. You acknowledge and agree that the nature of the Internet is international and that M Stream Inc. has your express consent to store and provide access to your personal or confidential information, and that of your users(s) and customers, in and from any location around the world, and to transmit and deliver such information via the Internet which may involve its transmission across multiple jurisdictions.

  5. The M Stream Inc. Privacy Policy, as may be amended or updated from time to time, is incorporated into and form part of these Terms and Conditions.

Your account(s) and Password(s)

  1. 1. The responsibility to keep secure and confidential any password(s) and user ID(s) M Stream Inc. may issue to you to access the Service, rests solely with you and the employees, representatives and agents of yours that are entrusted with the same.

  2. 2. Should you become aware of any unauthorized access to your account(s), or any misuse of your password(s) and user ID(s) you must activate the process put in place to disable your account(s) and/or re-issue new password(s) or user ID(s) as soon as possible.

  3. 3. You agree that you are solely responsible for the actions and omissions of the person(s) you nominate as user(s) or administrator(s) of your account(s) for the Service. You also agree that M Stream Inc. may accept instructions and requests from and communicate with such person(s) until and unless M Stream Inc. receives notification that such person(s) are no longer your user(s) or administrator(s), and such instructions, requests and communications are valid and legally binding on you. In addition, you are responsible for any and all use of your account(s) by any persons who are in possession of your user ID(s) or password(s).

Your indemnity in Favour Of M Stream Inc.

  1. If M Stream Inc. and/or any of their affiliates (collectively the “Indemnified Parties”) take any action to enforce any of the Terms and Conditions, you agree to indemnify and hold harmless the Indemnified, their affiliates, and their respective officers, directors, employees and agents from and against any and all claims, losses, costs, expenses, causes of action or demands, including reasonable legal and accounting fees, arising out of and relating to your use of the Service, and any and all breaches by you of these Terms and Conditions.

Service Level Agreement

The Service Level Agreement is incorporated into and forms part of these Terms and Conditions.

No Warranties

UNLESS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, M STREAM INC MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING ITS WEBSITE, THE SERVICE, THE PRODUCTS OR SERVICES AVAILABLE ON THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS WHERE IS” BASIS. M STREAM INC DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SERVICE, OR THIS WEBSITE. M STREAM INC EXPRESSLY DISCLAIMS ALL WARRANTIES IN RELATION TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF TEXAS. M STREAM INC DOES NOT WARRANT THAT THE SERVICE, THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM M STREAM INCIS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FOR THE AVOIDANCE OF DOUBT, M STREAM INC DOES NOT GUARANTEE THE EFFECTIVENESS OF THE SERVICE. M STREAM INC TAKES NO RESPONSIBILITY FOR THE SECURITY, CONFIDENTIALITY OR PRIVACY OF THE COMMUNICATIONS AND/OR DATA TRANSMITTED OVER THE INTERNET AND DOES NOT WARRANT (AND EXPRESSLY EXCLUDES ANY AND ALL EXPRESS OR IMPLIED WARRANTIES) THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR OR LOSS OF CONTENT, DATA OR INFORMATION. IN ADDITION, M STREAM INC SHALL NOT BE LIABLE FOR ANY COMPATIBILITY ISSUES PERTAINING TO CUSTOMERSÂ’ COMPUTERS, APPLICATIONS OR OTHER SOFTWARE ON ANY COMPUTERS USING THE SERVICE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL M STREAM INC BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICE OR THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY M STREAM INC EVEN IF M STREAM INC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, notwithstanding the foregoing, M Stream Inc. should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site, the Service or its content, to the full extent permitted by law the combined aggregate liability of M Stream Inc. shall in no event exceed the value of the monthly subscription for the Service paid by you or US$1000.00, whichever is lower. Further, M Stream Inc’s liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage.

Force Majeure

  1. M Stream Inc. has no responsibility for and is released from all contractual obligations and liability (e.g. for damages) if its performance of these Terms and Conditions is affected by an event of force majeure. For the purpose of this clause, the term “force majeure” means and includes any event which was not under the control of M Stream Inc., or was not reasonably foreseeable, including, but not limited to any natural disaster such as thunderstorm, flood or storm, fire, national emergency, strike or equivalent labour action, or the unavailability of the Internet for reasons beyond the control of M Stream Inc.

General Provisions.

  1. These Terms and Conditions are governed by the laws of the State of Texas. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. The parties agree to submit to the exclusive jurisdiction of the courts of the State of Texas.

  2. You may not assign your rights hereunder to any third party without the prior written consent of M Stream Inc.

  3. No joint venture, partnership, employment, or agency relationship exists between you and M Stream Inc. A person who is not a party to this Agreement shall have no rights under the laws of Texas to enforce any term of this Agreement.

  4. If any provision of these Terms and Conditions is found invalid or unenforceable by any Texas Court, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable.

  5. These Terms and Conditions constitute the entire understanding and agreement between M Stream Inc. and you and supersedes any and all prior understandings and/or agreements between the parties in relation to the Service.

  6. No purported waiver by M Stream Inc. of any of its rights hereunder or under any applicable law or regulation shall be valid unless made in writing by an authorised representative of M Stream Inc.

  7. No change, amendment or modification of any provision of these Terms and Conditions will be valid unless set forth in writing and mutually agreed to by the parties.

Service Level Agreement

    Monthly Uptime Guarantee

  1. M Stream Inc. will make best efforts to ensure that its Service will be available 99.5% of the time in a calendar month (“Monthly Uptime Guarantee”), excluding Maintenance and Exclusions (both terms of which are defined below). You are eligible to claim service credit(s) for Service Downtime if M Stream Inc. fails to meet the Monthly Uptime Guarantee, provided the total Service Downtime of 0.5% in a calendar month is verified by M Stream Inc.

  2. Service Downtime is defined as an inability to access the Service caused by failure of network equipment managed, owned, leased or used by M Stream Inc. to provide the Service, including the failure of managed switches, routers, and cabling but excluding Maintenance and Exclusions.

Irrecoverable Data Guarantee

  1. If you attempt to access any of Your Data but the data is irrecoverable, you must report the same to M Stream Inc. as soon as possible. M Stream Inc. will investigate the cause of the same and will require your assistance during such investigation. If the result of M Stream Inc. investigation indicates that the cause of such irrecoverable data is due to the fault of M Stream Inc., then M Stream Inc. will grant a service credit to you up to a maximum of the fee charged to you for the calendar month during which the irrecoverable data event took place.

Maintenance

    Maintenance means and includes:

  1. Any scheduled maintenance of the cloud data centers used by M Stream Inc. to provide the Service of which you are notified at least [3] days in advance. For the purpose of notifying you, M Stream Inc. will use the contact email on record. Please ensure that this email is up to date and accessed frequently; and

  2. Any maintenance of the data centres used by M Stream Inc.: (a) is necessary to avoid an immediate threat to the data center or the Service and (b) of which Customer is notified.

Exclusions

    You shall not be entitled to any service credits if Service downtime is due to the following Exclusions:

  1. The actions or omissions of yourself or your employees, agents, representatives or contractors using the password(s) and user ID(s) issued by M Stream Inc. to you to access the Service;

  2. The result of Maintenance;

  3. A denial of Service attack, hacker activity, or other malicious event or code targeted against M Stream Inc. or an M Stream Inc. customer;

  4. Failure of any hardware, software, network or Internet infrastructure not owned or managed by M Stream Inc. or its sub-contractors;

  5. Factors outside M Stream Inc.’s reasonable control;

  6. The Monthly Uptime Guarantee does not include time required to perform data restores and backups if applicable.