Terms of Use & Privacy Policy

Terms of Use – Customers

Effective Date: December 15, 2020

Agreement to Terms. These terms of use (“Terms”) constitute a legally binding contract between Streem, LLC (on behalf of itself and certain of its affiliates) (“Streem,” “we,” “us”) and you, with respect to your use of Streem’s mobile applications, web applications, and online services (“Services”), including in certain circumstances where the Services are incorporated into a third party’s application, platform or system. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our privacy policy (“Privacy Policy”) (located below) including any updates posted here or otherwise communicated to you. If you do not agree to these Terms and the Privacy Policy, please do not use the Services. If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.

IMPORTANT NOTICES:

(A) These Terms are applicable to individuals (“Customers”) seeking to engage a professional through the Services. Generally, if you are a professional (“Provider”) delivering Services to a consumer, you should use the Streem application for professionals and abide by the Terms of Service for Providers (located below). In addition, if you are: (i) a Provider using the Customer application to service your customer(s) or to communicate with other Providers, or (ii) if you are an employee of a company that has an enterprise agreement with Streem to deploy the Services within the company, the Provider Terms apply to your use of such Customer application.

(B) You or the entity on whose behalf you access the Services may have a separate commercial agreement with Streem. To the extent such separate commercial agreement conflicts with these Terms, then the separate agreement will govern.

(C) SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC): (i) THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR ANY RELATIONSHIP BETWEEN YOU AND STREEM; AND (ii) ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.

1. SERVICES

(a) Services We Provide. Our Services connect Customers to Providers in a variety of fields. We help Customers find, coordinate with, and collaborate with Providers for advice, support, or procuring their services. The Services may also enable Providers to connect to each other for advice, support, documentation or collaboration on a project.

Providers may also provide a guided do-it-yourself service that allows Customers to speak to, or to have a video conference with, a Provider, who can provide on-demand assistance for your selected issue (e.g., home improvement, repairs, IT services, etc.) (“Remote Advice”).

(b) Disclaimer. While the Services allow Customers to access Remote Advice and the services of Providers, Streem does not in any way create, sell, resell, provide, control, manage, offer, oversee, direct, deliver, supply or endorse any Remote Advice or other services provided to Customers by a Provider, nor any third party linking to or connecting you with Providers. Providers provide Remote Advice directly and assume responsibility for all aspects of the Remote Advice except as expressly stated herein. Streem makes no representations and provides no warranties regarding the quality, legality, suitability, reliability, timeliness, or accuracy of any Remote Advice or information provided through the Remote Advice. Streem may screen Providers, but it is under no obligation to do so, and you should exercise caution and common sense to protect personal safety and property when interacting with Providers. You are responsible for your compliance with applicable laws.

(c) Third Party Materials. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (“Third Party Materials”). These Third Party Materials are not owned or controlled by Streem. These Third Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Streem.

2. CONSENT

(a) Consent. You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is lower, and are fully able and competent to enter into, and comply with, these Terms.

(b) WHERE PERMITTED BY LAW, BY PROVIDING YOUR INFORMATION THROUGH THE SERVICES, YOU ARE REQUESTING TO BE (AND YOU EXPRESSLY CONSENT TO BE) CONTACTED BY STREEM, PROVIDERS, AND COMPANIES THAT RECEIVE YOUR SERVICE REQUEST. YOU CONSENT TO BE CONTACTED BY VIDEO CALL, VIDEO STREAMING, TELEPHONE, EMAIL, MAIL, TEXT (SMS) MESSAGING, OR OTHER REASONABLE MEANS AT ANY OF THE RESIDENTIAL, CELL OR FAX PHONE NUMBERS OR ADDRESSES YOU PROVIDE, EVEN IF THEY ARE LISTED ON A NATIONAL “DO NOT CALL” OR “DO NOT CONTACT” LIST. YOU AGREE THAT THESE COMMUNICATIONS MAY INCLUDE PRERECORDED, ARTIFICIALLY VOICED, OR AUTODIALED MESSAGES, AND THAT THEY MAY BE MONITORED AND RECORDED FOR QUALITY ASSURANCE AND OTHER REASONS. YOU AGREE THAT THESE PARTIES MAY CONTACT YOU FOR PURPOSES OF PROVIDING SERVICES, PROVIDER PRODUCTS OR SERVICES YOU HAVE REQUESTED, MARKETING, SERVICING YOUR ACCOUNT, ADDRESSING COMPLAINTS, BILLING OR OTHER ACCOUNT-RELATED MATTERS, OR OTHER PURPOSES REASONABLY RELATED TO THE SERVICES.

3. LICENSE GRANT AND OWNERSHIP OF CONTENT

(a) Grant of Limited License to Customers. Subject to your compliance with these Terms, we hereby grant you, as a Customer, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only.

(b) Ownership of Content. Subject to applicable law and the terms of our Privacy Policy, all text, images, artwork, technology and other content, data, meta-data, information, materials and other items recorded, streamed, provided or made available by you to Streem through your access and use of the Services, and all information and materials derived from or based on the foregoing, shall be and remain the sole and exclusive property of Streem.

4. INTELLECTUAL PROPERTY RIGHTS

(a) Streem Services are Protected. The Services, including all material and information, and the selection, arrangement and composition of such information (“Materials”) are the property of Streem, its suppliers, and licensors and are protected by United States, Canadian and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.

(b) Third-Party Intellectual Property. All non-Streem trademarks, product names and logos appearing on our Services are property of their respective owners.

(c) Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to Streem at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.

Notification pursuant to the DMCA should be submitted to:

Streem, LLC

Attn: Streem Legal Department

150 Peabody Place

Memphis, TN 38103

5. ACCEPTABLE USE POLICIES

(a) No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).

(b) No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any information or content contained on or in the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that Streem does not intentionally make available through (or in connection with) the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Customers or Providers for any purpose.

(c) No Improper Uses. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Services or any other systems connected to the Services). You may not use or access the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Streem, its service providers, suppliers, other Customers or any other person.

(d) Security of Account. You will not disclose your password to anyone and you will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.

(e) You Are Responsible for Video Streams. The Services may permit you to submit videos, photos and other data. You are solely responsible for your submission, participation in a video stream, and the consequences of submitting it. For example, if you provide a video or photos to a Provider in the process of obtaining advice from that Provider, you (and not Streem) are solely responsible for those photos or video streaming interaction. You acknowledge and agree that Streem has no obligation or ability to pre-screen your (or any other person’s) submissions.

(f) False Information. Knowingly submitting false names or contact information not only wastes everybody’s time, it could result in harm to others (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Streem and its service providers and partners. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO ANY NAME OR CONTACT INFORMATION THAT IS NOT YOURS, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO STREEM AND EACH PROVIDER OR OTHER PARTY WHO ACCEPTS THAT SERVICE REQUEST FOR ANY LOSSES, LIABILITIES, DAMAGES (DIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER), FINES OR PENALTIES, AND COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED BY THE AFFECTED PARTIES IN CONNECTION WITH THE IMPROPER SUBMISSION OR ADVICE DURING THE VIDEO STREAM.

(g) Do Not Post, Record, or Live Video Stream Illegal, Infringing, or Harmful Content. You agree that, except as set forth in Section 3(b) of these Terms, you are the exclusive owner of all rights to your submissions and recorded streams and such rights have not been assigned or encumbered. You represent and warrant that you will not post, submit or link to any user submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state, provincial/territorial or local law, rule or regulation. You further represent and warrant not to post, submit or link to any submissions or recorded or live video material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Streem.

(h) Do Not Live Video Stream, Record, or Post Improper Content. You agree not to live video stream, record video, post, submit or link to any user submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates illegal gambling, gaming, or lotteries.

(i) Reviews of Providers. Customers may be able to rate a Provider’s performance of services or quality of advice within the Streem product. Streem is not obligated to monitor, change or control such ratings. Customers agree to avoid inappropriate, obscene or discriminatory language in rating Providers.

(j) Review of Your Video & Photo Submissions. We do not approve, control or endorse your (or any other person’s) submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to review, refuse, remove or modify submissions for any reason, at our sole discretion.

(k) Customer Suggestions. If you elect to provide or make available to Streem any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), Streem will be free to use, disclose, reproduce, make, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.

6. PRIVACY. Our Privacy Policy, which describes how we collect and use information from our users, is available below, as well as through the link titled “Privacy Policy” on our homepage. The Privacy Policy is incorporated into and is deemed a part of these Terms.

7. FEES AND PAYMENT. While Streem does not currently charge Customers for using the Services, your use of the on-demand Services may result in charges from Providers for the services they provide (“Provider Charges”). We encourage you to clarify all Provider Charges prior to receiving any services from a Provider. While the Services may relay Providers’ quotes or stated pricing, Streem in no way guarantees their accuracy and disclaims any liability therefrom. The Services do not, and are not intended to, provide a mechanism for Customers to pay Providers; you may not share payment or billing information via the Services. You acknowledge and agree that your purchase of services and products from a Provider is a transaction between you and that Provider and not with Streem.

8. RELEASE

EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT STREEM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICES.

IN ADDITION, YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE STREEM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE “STREEM PARTIES”) FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, PROVIDERS OR OTHER THIRD PARTIES. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER.

YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

NEITHER STREEM NOR ITS AGENTS, AFFILIATES OR EMPLOYEES ARE RESPONSIBLE FOR THE REPRESENTATIONS OR ACTIONS OR OMISSIONS OF ANY PROVIDER, WHETHER ONLINE OR OFFLINE AND WHETHER WITHIN OR OUTSIDE OF THE SERVICES. BECAUSE STREEM IS NOT THE PROVIDER OF THIRD PARTY SERVICES, IF A DISPUTE ARISES BETWEEN YOU AND A PROVIDER, EXCEPT AS SET FORTH IN SECTION 12(A), SUCH DISPUTE IS SOLELY BETWEEN SUCH PARTIES, AND NOT STREEM. YOU HEREBY RELEASE STREEM (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM, AND SHALL INDEMNIFY STREEM AGAINST, ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

9. WARRANTY DISCLAIMER

Streem makes no representation or warranty about the accuracy or suitability of the content or comments during a video stream or other information displayed on the Services or provided through the Services. We use good faith efforts to promptly update any incorrect information displayed on the Services when we are notified or otherwise become aware of such inaccuracy.

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE STREEM PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH STREEM, PROVIDERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.

10. LIMITATION OF LIABILITY

IN NO EVENT WILL THE STREEM PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, PROVIDERS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT STREEM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE STREEM PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, PROVIDERS OR OTHER THIRD PARTIES EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID TO STREEM FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR (B) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STREEM, TEN DOLLARS ($10.00). NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NOTHING SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE STREEM PARTIES FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER TYPE OF LOSS OR DAMAGE THE EXCLUSION OR LIMITATION OF WHICH IS PROHIBITED BY APPLICABLE LAW.

Subject to applicable law (which may include the Province of Quebec), any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be void.

11. INDEMNIFICATION

IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FALSE INFORMATION (DESCRIBED ABOVE), YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE STREEM PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO LEGAL FEES) DUE TO OR ARISING OUT OF (A) YOUR ACCESS TO OR USE OF THE SERVICES, (B) YOUR USE OF, OR TRANSACTIONS WITH, STREEM, PROVIDERS OR OTHER THIRD PARTIES, OR (C) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. STREEM RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH STREEM IN ASSERTING ANY AVAILABLE DEFENSES.

12. DISPUTES

(a) Resolving Disputes. We do not expect that Customers will have disputes with Providers. However, if a dispute with any Provider should arise, Streem reserves the right in its sole discretion to attempt to resolve any such dispute. Subject to applicable law (which may include the Province of Quebec), Customers agree that prior to taking any legal action against a Provider, such Customer will provide Streem thirty (30) days’ written notice and, at Streem’s election, Streem may attempt in good faith to resolve such dispute. You agree that Streem shall not be liable for any actions or omissions in connection with its attempts to resolve any disputes.

(b) Binding Arbitration. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATIONSHIP BETWEEN YOU AND THE STREEM PARTIES RELATING TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS (ANY OF THESE, A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Shelby County, Tennessee. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

(c) Class Action Waiver. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

(d) Injunctive Relief. Notwithstanding anything herein to the contrary, you and Streem may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.

13. GENERAL

(a) Dormant Accounts. If an account remains inactive for one (1) year or more, Streem reserves the right to terminate the account.

(b) Assignment. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Streem’s prior written consent, but may be assigned by Streem without restriction and without notice to you.

(c) Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

(d) Entire Agreement and Severability. These Terms (including the Privacy Policy) constitute the entire agreement between you and Streem concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Streem with respect to the Services. We and you each agree that, in entering into these Terms, neither we nor you have relied upon any representation, undertaking or promise except as expressly set forth in these Terms. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.

(e) Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Streem’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

(f) Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.

(g) Changes to Terms. We may modify these Terms at any time by posting a revised version; any changes to these Terms will be effective immediately on posting. Please review these Terms regularly as your continued use of the Services constitutes acceptance of any changes. You waive any right you have to receive specific notice of changes to these Terms. Unless we provide you with specific notice, no changes to our Terms will apply retroactively.

(h) Termination; No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to suspend or terminate your access to and use of the Services, in whole or in part, and to block or prevent your future access to and use of the Services, at any time and for any reason (including but not limited to those specifically described in these Terms).

(i) Third Party Beneficiaries. Neither these Terms nor the Privacy Policy create any right of action on the part of any third party, except for the Streem Parties and suppliers or others who are party to written agreements with Streem Parties explicitly giving them third party beneficiary rights.

(j) Governing Law; Waiver of Jury Trial; Venue. Subject to applicable law (which may include the Province of Quebec), you agree that these Terms, the Privacy Policy and any Dispute (including if for any reason a Dispute proceeds in court rather than arbitration) will be governed solely by Tennessee state law, without regard to conflict of law provisions. Subject to applicable law (which may include the Province of Quebec), in the event a Dispute proceeds in court rather than in arbitration, we each waive any right to a trial by jury in connection therewith and submit and further irrevocably agree to submit to the personal jurisdiction of the state and federal courts located within Shelby County, Tennessee (and any judgments on arbitral awards will be entered by such courts). Your rights under any services agreement you have with a Provider will be governed by the terms of that agreement and by applicable federal, state, provincial/territorial and local laws.

(k) Legal Fees. If any of the Streem Parties take legal action against you as a result of your violation of these Terms and the Streem Parties are the prevailing party, the Streem Parties will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to the Streem Parties.

(l) Contact Us. If you have questions about these Terms, please contact us by email at support@Streem.com or in writing at Streem Legal Department 150 Peabody Place Memphis, TN 38103.

(m) Language. The parties hereto confirm that it is their wish that this Agreement as well as other documents relating hereto, including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous let documents, y compris tous avis, s’y rattachant, soient rédigés en langue anglaise seulement.

ADDITIONAL TERMS FOR iOS APPS

The following additional terms apply if you access or use the Services through an Apple iOS product:

(a) Acknowledgement. Streem and you acknowledge that these Terms are entered into between Streem and you only, and not with Apple, and Streem, not Apple, is solely responsible for the Services and the content thereof.

(b) Scope of License. The license granted to you for the Services is limited to a non-transferable license to use the Services on any iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

(c) Maintenance and Support. As between Apple and Streem, Streem is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in these Terms, or as required under applicable law. Streem and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

(d) Warranty. As between Apple and Streem, Streem is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Streem’s sole responsibility.

(e) Product Claims. Streem and you acknowledge that Streem, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of those Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(f) Intellectual Property Rights. Streem and you acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Streem, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(g) Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) Developer Name and Address. Streem may be contacted at support@Streem.com in connection with any questions, complaints or claims with respect to the Services.

(i) Third-Party Beneficiary. Streem and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to access or use of the Services through an iOS product, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.


Terms of Use – Providers

Effective Date: December 15, 2020

Agreement to Terms. These terms of use (“Terms”) constitute a legally binding contract between Streem, LLC (on behalf of itself and certain of its affiliates) (“Streem,” “we,” “us”) and you, with respect to your use of Streem’s mobile applications, web applications, and online services (“Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our privacy policy (“Privacy Policy”) (located below) including any updates posted here or otherwise communicated to you. If you do not agree to these Terms and the Privacy Policy, please do not use the Services. If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.

IMPORTANT NOTICES:

(A) These Terms are applicable to professionals (“Providers”) using Streem’s Services to provide professional services to individuals (“Customers”) seeking to engage a professional. In addition, if you are: (i) a Provider using the Customer application to service your customer(s) or to communicate with other Providers, or (ii) if you are an employee of a company that has an enterprise agreement with Streem to deploy the Services within the company these Terms apply to your use of such Customer application.

(B) You or the entity on whose behalf you access the Services may have a separate commercial agreement with Streem. To the extent such separate commercial agreement conflicts with these Terms, then the separate agreement will govern.

(C) SUBJECT TO APPLICABLE LAW, (i) THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR ANY RELATIONSHIP BETWEEN YOU AND STREEM; AND (ii) ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.

1. SERVICES

(a) Services We Provide. Our Services connect Customers to Providers in a variety of fields. We help Customers find, coordinate with, and collaborate with Providers for advice, support, or procuring their services. The Services may also enable Providers to connect to each other for advice, support, documentation or collaboration on a project.

Providers may also provide a guided do-it-yourself service that allows Customers to speak to, or to have a video conference with, a Provider, who can provide on-demand assistance for your selected issue (e.g., home improvement, repairs, IT services, etc.) (“Remote Advice”).

(b) Disclaimer. While the Services allow Providers to provide Remote Advice, Streem does not in any way create, sell, resell, provide, control, manage, offer, oversee, direct, deliver, supply or endorse any Remote Advice or other services provided to Customers by a Provider. Providers provide Remote Advice directly and assume responsibility for all aspects of the Remote Advice except as expressly stated herein. Streem makes no representations and provides no warranties regarding the quality, legality, suitability, reliability, timeliness, or accuracy of any Remote Advice or information provided through the Remote Advice. Streem may screen Providers, but it is under no obligation to do so. You are responsible for your compliance with applicable laws.

(c) Third Party Materials. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (“Third Party Materials”). These Third Party Materials are not owned or controlled by Streem. These Third Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Streem.

2. CONSENT

(a) Consent. You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is lower, and are fully able and competent to enter into, and comply with, these Terms.

(b) WHERE PERMITTED BY LAW, BY PROVIDING YOUR INFORMATION THROUGH THE SERVICES, YOU ARE REQUESTING TO BE (AND YOU EXPRESSLY CONSENT TO BE) CONTACTED BY STREEM AND CUSTOMERS. YOU CONSENT TO BE CONTACTED BY VIDEO CALL, VIDEO STREAMING, TELEPHONE, EMAIL, MAIL, TEXT (SMS) MESSAGING, OR OTHER REASONABLE MEANS AT ANY OF THE BUSINESS, RESIDENTIAL, CELL OR FAX PHONE NUMBERS OR ADDRESSES YOU PROVIDE, EVEN IF THEY ARE LISTED ON A NATIONAL “DO NOT CALL” OR “DO NOT CONTACT” LIST. YOU AGREE THAT THESE COMMUNICATIONS MAY INCLUDE PRERECORDED, ARTIFICIALLY VOICED, OR AUTODIALED MESSAGES, AND THAT THEY MAY BE MONITORED AND RECORDED FOR QUALITY ASSURANCE AND OTHER REASONS. YOU AGREE THAT THESE PARTIES MAY CONTACT YOU FOR PURPOSES OF PROVIDING OR RECEIVING SERVICES, SERVICING YOUR ACCOUNT, ADDRESSING COMPLAINTS, BILLING OR OTHER ACCOUNT-RELATED MATTERS, OR OTHER PURPOSES REASONABLY RELATED TO THE SERVICES.

3. PROVIDER OBLIGATIONS

(a) Provider Profile. As a Provider, you must open an account and complete a profile in connection with the Services. You agree to provide us with additional information as we reasonably request, to provide accurate, complete and up-to-date information in connection with the Services and to keep that information updated, complete and correct. By creating your account, you consent to be contacted via telephone, email, text (SMS) message, video streaming, or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operations contemplated by these Terms.

(b) Licenses and Obligations. You agree that you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required to meet applicable industry standards. You also agree that you have (and will continue to maintain) valid licenses, authorizations, insurance and bonding to the extent required by applicable authorities for any work you solicit, accept or perform in connection with these Terms.

(c) Informational Requests. You agree to comply with Streem’s informational requests from time to time in connection with the Services, including providing information to verify your identity and to confirm status if we have connected you with a Customer.

(d) Independent Contractor. You acknowledge that you are not an employee of Streem and that no agency, partnership, joint venture or employee-employer relationship with Streem is intended or created by these Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of Streem, and that Streem has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of you and all your personnel.

(e) No Guarantee. As a Provider, you agree and acknowledge that Streem cannot and does not guarantee the results of any Services, including the exposure you will receive as part of the Services, the number or quality of potential customers with whom you will have contact, or whether a Customer will actually contract with you or pay you to do the work if you answer their video streams.

4. LICENSE GRANT AND OWNERSHIP OF CONTENT

(a) Grant of Limited License to Providers. Subject to your compliance with these Terms, we hereby grant you, as a Provider, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing estimates, information, products and services in connection with your use of the Services.

(b) Ownership of Content. Subject to applicable law and the terms of our Privacy Policy, all text, images, artwork, technology and other content, data, meta-data, information, materials and other items recorded, streamed, provided or made available by you to Streem through your access and use of the Services, and all information and materials derived from or based on the foregoing, shall be and remain the sole and exclusive property of Streem. ,

5. INTELLECTUAL PROPERTY RIGHTS

(a) Streem Services are Protected. The Services, including all material and information, and the selection, arrangement and composition of such information (“Materials”) are the property of Streem, its suppliers, and licensors and are protected by United States, Canadian and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.

(b) Third-Party Intellectual Property. All non-Streem trademarks, product names and logos appearing on our Services are property of their respective owners.

(c) Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to Streem at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.

Notification pursuant to the DMCA should be submitted to:

Streem, LLC

Attn: Streem Legal Department

150 Peabody Place

Memphis, TN 38103

6. ACCEPTABLE USE POLICIES

(a) No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).

(b) No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any information or content contained on or in the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that Streem does not intentionally make available through (or in connection with) the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Customers or other Providers for any purpose.

(c) No Improper Uses. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Services or any other systems connected to the Services). You may not use or access the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Streem, its service providers, suppliers, other Customers or any other person.

(d) Security of Account. You will not disclose your password to anyone and you will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.

(e) You Are Responsible for Video Streams. The Services may permit you to submit videos, photos and other data. You are solely responsible for your submission, participation in a video stream, and the consequences of submitting it. For example, if you provide Remote Advice or other information to a Customer, you (and not Streem) are solely responsible for that Remote Advice, information and interaction. You acknowledge and agree that Streem has no obligation or ability to pre-screen your (or any other person’s) submissions.

(f) False Information. Knowingly submitting false names or contact information not only wastes everybody’s time, it could result in harm to others (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Streem and its service providers and partners. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION INTO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY NAME OR CONTACT INFORMATION THAT IS NOT YOURS, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO STREEM AND EACH CUSTOMER OR OTHER PARTY WHO INTERACTS WITH YOU VIA THE SERVICES FOR ANY LOSSES, LIABILITIES, DAMAGES (DIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER), FINES OR PENALTIES, AND COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED BY THE AFFECTED PARTIES IN CONNECTION WITH THE IMPROPER SUBMISSION OR ADVICE DURING THE VIDEO STREAM.

(g) Do Not Post, Record, or Live Video Stream Illegal, Infringing, or Harmful Content. You agree that you are the exclusive owner of all rights to your advice, submissions and recorded streams and such rights have not been assigned or encumbered. You represent and warrant that you will not to post, submit or link to any user submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state, provincial/territorial or local law, rule or regulation. You further represent and warrant not to post, submit or link to any submissions or recorded or live video material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Streem.

(h) Do Not Live Video Stream, Record, or Post Improper Content. You agree not to live video stream, record video, post, submit or link to any user submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates illegal gambling, gaming, or lotteries.

(i) Reviews of Providers. Customers may be able to rate a Provider’s performance of services or quality of advice within the Streem product. Streem is not obligated to monitor, change or control such ratings.

(j) Review of Your Video & Photo Submissions. We do not approve, control or endorse your (or any other person’s) submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to review, refuse, remove or modify submissions for any reason, at our sole discretion.

(k) Provider Suggestions. If you elect to provide or make available to Streem any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), Streem will be free to use, disclose, reproduce, make, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.

7. PRIVACY. Our Privacy Policy, which describes how we collect and use information from our users, is available below, as well as through the link titled “Privacy Policy” on our homepage. The Privacy Policy is incorporated into and is deemed a part of these Terms.

8. CONFIDENTIALITY

(a) Confidentiality. If you receive confidential information from Streem, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning Streem’s fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information that is not generally known to the public.

(b) Information Regarding Customers. Streem may provide you with personal information relating to individuals that are seeking products or services. You may not collect, use, retain, rent, sell or otherwise disclose this information to others without such individual’s consent or except as required to provide your products or services to such individual. You may not make any recorded video stream public without the consent of the Customer and Streem. You may not use, or attempt to use, this information in a manner that would violate these Terms or for any purpose not intended by Streem.

9. RELEASE

EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT STREEM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICES.

IN ADDITION, YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE STREEM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE “STREEM PARTIES”) FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, CUSTOMERS OR OTHER THIRD PARTIES. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER.

YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

NEITHER STREEM NOR ITS AGENTS, AFFILIATES OR EMPLOYEES ARE RESPONSIBLE FOR THE REPRESENTATIONS OR ACTIONS OR OMISSIONS OF ANY PROVIDER, WHETHER ONLINE OR OFFLINE AND WHETHER WITHIN OR OUTSIDE OF THE SERVICES. BECAUSE STREEM IS NOT THE PROVIDER OF THIRD PARTY SERVICES, IF A DISPUTE ARISES BETWEEN YOU AND A CUSTOMER, EXCEPT AS SET FORTH IN SECTION 13(A), SUCH DISPUTE IS SOLELY BETWEEN SUCH PARTIES, AND NOT STREEM. YOU HEREBY RELEASE STREEM (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM, AND SHALL INDEMNIFY STREEM AGAINST, ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

10. WARRANTY DISCLAIMER

Streem makes no representation or warranty about the accuracy or suitability of the content or comments during a video stream or other information displayed on the Services or provided through the Services. We use good faith efforts to promptly update any incorrect information displayed on the Services when we are notified or otherwise become aware of such inaccuracy.

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE STREEM PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH STREEM, CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.

11. LIMITATION OF LIABILITY

IN NO EVENT WILL THE STREEM PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, CUSTOMERS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT STREEM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE STREEM PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, CUSTOMERS OR OTHER THIRD PARTIES EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID TO STREEM FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR (B) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STREEM, TEN DOLLARS ($10.00). NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NOTHING SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE STREEM PARTIES FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER TYPE OF LOSS OR DAMAGE THE EXCLUSION OR LIMITATION OF WHICH IS PROHIBITED BY APPLICABLE LAW.

Subject to applicable law, any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be void.

12. INDEMNIFICATION

IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FALSE INFORMATION (DESCRIBED ABOVE), YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE STREEM PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO LEGAL FEES) DUE TO OR ARISING OUT OF (A) YOUR ACCESS TO OR USE OF THE SERVICES, (B) YOUR USE OF, OR TRANSACTIONS WITH, STREEM, CUSTOMERS OR OTHER THIRD PARTIES, OR (C) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. STREEM RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH STREEM IN ASSERTING ANY AVAILABLE DEFENSES.

13. DISPUTES

(a) Resolving Disputes. We do not expect that Providers will have disputes with Customers. However, if a dispute with any Customer should arise, Streem reserves the right in its sole discretion to attempt to resolve any such dispute. Subject to applicable law, Providers agree that prior to taking any legal action against a Customer, such Provider will provide Streem thirty (30) days’ written notice and, at Streem’s election, Streem may attempt in good faith to resolve such dispute. You agree that Streem shall not be liable for any actions or omissions in connection with its attempts to resolve any disputes.

(b) Binding Arbitration. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATIONSHIP BETWEEN YOU AND THE STREEM PARTIES RELATING TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS (ANY OF THESE, A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Shelby County, Tennessee. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

(c) Class Action Waiver. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

(d) Injunctive Relief. Notwithstanding anything herein to the contrary, you and Streem may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.

14. GENERAL

(a) Dormant Accounts. If an account remains inactive for one (1) year or more, Streem reserves the right to terminate the account.

(b) Assignment. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Streem’s prior written consent, but may be assigned by Streem without restriction and without notice to you.

(c) Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

(d) Entire Agreement and Severability. These Terms (including the Privacy Policy and any applicable commercial agreement between you and Streem) constitute the entire agreement between you and Streem concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Streem with respect to the Services. We and you each agree that, in entering into these Terms, neither we nor you have relied upon any representation, undertaking or promise except as expressly set forth in these Terms. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.

(e) Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Streem’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

(f) Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.

(g) Changes to Terms. We may modify these Terms at any time by posting a revised version; any changes to these Terms will be effective immediately on posting. Please review these Terms regularly as your continued use of the Services constitutes acceptance of any changes. You waive any right you have to receive specific notice of changes to these Terms. Unless we provide you with specific notice, no changes to our Terms will apply retroactively.

(h) Termination; No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to suspend or terminate your access to and use of the Services, in whole or in part, and to block or prevent your future access to and use of the Services, at any time and for any reason (including but not limited to those specifically described in these Terms).

(i) Third Party Beneficiaries. Neither these Terms nor the Privacy Policy create any right of action on the part of any third party, except for the Streem Parties and suppliers or others who are party to written agreements with Streem Parties explicitly giving them third party beneficiary rights.

(j) Governing Law. (j) Governing Law; Waiver of Jury Trial; Venue. Subject to applicable law (which may include the Province of Quebec), you agree that these Terms, the Privacy Policy and any Dispute (including if for any reason a Dispute proceeds in court rather than arbitration) will be governed solely by Tennessee state law, without regard to conflict of law provisions. Subject to applicable law (which may include the Province of Quebec), in the event a Dispute proceeds in court rather than in arbitration, we each waive any right to a trial by jury in connection therewith and submit and further irrevocably agree to submit to the personal jurisdiction of the state and federal courts located within Shelby County, Tennessee (and any judgments on arbitral awards will be entered by such courts).

(k) Legal Fees. If any of the Streem Parties take legal action against you as a result of your violation of these Terms and the Streem Parties are the prevailing party, the Streem Parties will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to the Streem Parties.

(l) Contact Us. If you have questions about these Terms, please contact us by email at support@Streem.com or in writing at Streem Legal Department 150 Peabody Place Memphis, TN 38103.

(m) Language. The parties hereto confirm that it is their wish that this Agreement as well as other documents relating hereto, including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous let documents, y compris tous avis, s’y rattachant, soient rédigés en langue anglaise seulement.

ADDITIONAL TERMS FOR iOS APPS

The following additional terms apply if you access or use the Services through an Apple iOS product:

(a) Acknowledgement. Streem and you acknowledge that these Terms are entered into between Streem and you only, and not with Apple, and Streem, not Apple, is solely responsible for the Services and the content thereof.

(b) Scope of License. The license granted to you for the Services is limited to a non-transferable license to use the Services on any iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

(c) Maintenance and Support. As between Apple and Streem, Streem is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in these Terms, or as required under applicable law. Streem and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

(d) Warranty. As between Apple and Streem, Streem is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Streem’s sole responsibility.

(e) Product Claims. Streem and you acknowledge that Streem, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of those Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(f) Intellectual Property Rights. Streem and you acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Streem, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(g) Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) Developer Name and Address. Streem may be contacted at support@Streem.com in connection with any questions, complaints or claims with respect to the Services.

(i) Third-Party Beneficiary. Streem and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to access or use of the Services through an iOS product, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.


Streem – Privacy Policy

Effective Date: December 15, 2020

Streem, LLC (“Streem”), as a controller and responsible party for the personal information you provide to us, understands that you care about how we collect, use, and share your information when you interact with us, and we value the trust you place in us. Streem provides this Privacy Policy on behalf of itself and certain of its affiliates. This Privacy Policy explains:

1. The types of information we collect through our Services (as defined below);

2. How we use that information;

3. The types of information we share and under what circumstances;

4. The choices you have regarding our collection, use, and sharing practices;

5. The steps we take to protect and secure your information; and

6. Your rights under applicable data protection laws.

Generally, we use your information to deliver our Services, gather data for our internal analytics, develop new products and services, and for marketing and other legitimate business purposes. It is important that the personal information we hold about you is accurate and current. Please inform us if your personal information changes during your relationship with us.

This Privacy Policy applies to Streem and our website (the “Website”), web-based applications, our mobile application (the “App”), online services and other interactions with users both online and offline (collectively, the “Services”), including in certain circumstances where the Services are incorporated into a business partner’s offering, as further described herein.

Please note that your access and use of the Services may be governed by further written agreement between you and Streem, or a written agreement between you and one of Streem’s business partners.

WHAT DO WE COLLECT?

We may collect different types of information about you, depending upon how you interact with us. This information may include personal information, business information, financial information, demographic information, log-in information, device information, and location information. Sometimes we collect combinations of all these types of information or aggregate some or all of these types of information to improve the Services and facilitate other legitimate business purposes.

Information You Give Us

Some of the Services may include features or services that permit you to enter contact information and other information about you. The information may vary depending on whether you are an individual (“Customer”) seeking to engage a professional or a professional (“Provider”) delivering services to a consumer.

We collect and store information you provide or that is provided by Providers on your behalf in connection with our Services. This may include:

1. Information you provide to Streem or to Providers. This consists of any contact information that you provide through the App or other communications with Streem, Providers or their organizations. We may collect information such as your name, location data, email, address and phone number.

2. Information you provide when you interact with us directly through a Provider. For our technology to work, our Services require that you provide us with access to the camera and microphone for the device on which you are using Streem. If you are a Customer and you choose to connect with a Provider via our Services, that Provider has the option to initiate recording the video of that conversation. By using the Services, you consent to the recording of any conversations you have via the Services; if you are a Customer and do not wish to be recorded, please discuss this with the Provider prior to participating in a call. Recorded videos are stored and accessible through the Provider’s account. Recorded videos may also be shared by a Provider within their organization (where applicable) to deliver their services or with other entities, according to the data-use practices established by the Provider or such other entities. The content of any recorded video is determined solely by how you use your device’s camera during a video communication with a Provider (for example, by turning your device’s camera towards yourself), and you hereby give your explicit consent to Streem to receive and process such content.

3. Information you provide to us via social media. This includes any posts, pictures, videos and messages which you submit to us via our social media accounts on other sites (including by use of hashtags associated with us).

4. If you contact us, we keep a record of that communication and any contact information provided. This information may be collected through any communication with Streem, such as through video, email or the App.

5. Professional and Employment Related Information. If you apply for a job with us, you may provide us with certain personal information about yourself, such as information contained in a resume, cover letter, or similar employment-related materials. We may also collect personal information in conducting reference checks as part of the job application process. If you are a Provider, we may collect information about you, your employer, or your employment status in order to authenticate and manage your use of the Service.

6. Information you provide when you enter a contest or participate in a promotion. We may collect your name, address, phone number, email address, and other information you provide.

Streem does not facilitate payments between Customers and Providers, and Providers do not share Customer payment information with us. Please do not provide a credit card number, social security number, or other sensitive information during a Streem video session.

When Customers connect with Providers, Streem facilitates the exchange of information (e.g., videos, photos, sound, location data and data about products or the environment) between them and collects that information. Streem is not responsible for any recording or access of personal information exchanged by either party that occurs outside of the Services. When using the Services, you agree to abide by Streem, LLC’s Terms of Use as applicable to you.

Information We Collect Automatically

When you interact with the Services, certain information about your use of the Services is automatically collected through cookies, web beacons, and other tracking technologies, as well as through your web browser or device. This includes:

1. Technical and usage information. We collect details of your visits to our Website or App and information generated in the course of the use of our Website or Services including, but not limited to, the timing, frequency and pattern of use, the type of device, browser, and operating system you are using, information about your internet connection data, location data, weblogs and other communication data, the resources that you access, and how you reached our Website or App. See our Cookies and Other Automatic Information Gathering Technologies section for more information on how we may use these technologies to collect this information.

2. Email information. We collect information about how you interact with emails we send you, including whether you open or click links in our email communications.

3. Social media account information. We may collect information that you make available to us on a social media platform, including your account ID or username and other information included in your posts. We do not have access to or collect any information contained in the direct messages of your social media account.

WHY DO WE COLLECT THIS INFORMATION AND HOW DO WE USE IT?

We use the information we collect from you, subject to, and where allowable under, applicable laws, for the following purposes:

  1. To further our purpose of offering technology to connect Customers and Providers.

  2. To communicate with you, including to respond to inquiries, provide the best service, and to send you communications regarding service features.

  3. To analyze Website or App usage and enhance their operation.

  4. To detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal.

  5. To allow Providers to register and create an account and profile in connection with the Services (and elsewhere).

  6. To share your information with our parent company, affiliates and subsidiaries for those purposes set forth herein.

  7. So we or our parent company, affiliates or subsidiaries may provide the Services, conduct marketing activities, develop new products or services (for example, products or services that link appliances to a specific home or other specific location) or conduct activities related to or in furtherance of those purposes set forth herein for which we use your information, in each case, solely where we consider appropriate and have an appropriate legal basis. If we use or share your location information for the development of new products or services, none of the other types of personal information we collect from you will be used in such products or services (or the development thereof).

  8. To complete transactions you have requested or upon which you assist.

  9. To enable you to provide us with feedback.

  10. To administer promotions you enter into such as a contest or sweepstakes.

  11. To alert you to changes and updates in our Services or policies.

  12. To send you communications that may be of interest to you, such as emails or text messages about Streem and its parent company, affiliates and subsidiaries and their products or services.

  13. To develop, customize, measure, test and improve products, services, content and advertising.

  14. To personalize your overall experience with Streem.

  15. To respond to law enforcement and regulatory requests, or as required by applicable law, regulation or court order.

  16. In connection with a merger, acquisition, divestiture, restructuring, reorganization, dissolution or other transaction involving some or all of our assets that include your information.

  17. To manage aspects of your relationship with us, including but not limited to establishing, maintaining and terminating a business relationship, general operations, and administrative, financial and human resources related purposes.

  18. For certain other purposes disclosed at the time you provide your information.

19. As otherwise set forth in this Privacy Policy.

We process your information on the following legal bases: (a) with your consent; (b) as necessary to perform under an applicable agreement to provide Services and (c) as necessary for our legitimate interests in providing the Services, where those interests are not overridden by your fundamental rights and freedoms related to data privacy.

If our processing of your personal information is based on your consent, you are free to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before such withdrawal.

We will only use your personal information for the purposes for which we collected it, unless (a) we reasonably believe that we need to use such personal information for another reason and (b) that reason is compatible with the original purpose for which such personal information was collected.

If we plan to use your personal information for an unrelated purpose (as compared to a purpose compatible with the original purpose for which such personal information was collected), we will notify you reasonably promptly and explain the legal basis for that use. We may process your personal information without your knowledge or consent, in compliance with the above, where required or permitted by applicable law.

Data Retention

We will only retain your personal information for as long as reasonably necessary to fulfill the purposes for which we collected such personal information, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

If you would like to obtain detailed information on retention periods regarding specific information categories, please contact us at support@streem.com.

WHO DO WE SHARE INFORMATION WITH?

We share your personal information with third parties only if (a) you have consented to such sharing (including as such sharing is described in this Privacy Policy), (b) such sharing is necessary for the performance of our Services, (c) we have other legitimate interests in such sharing or (d) such sharing is required or permitted by applicable law.

External Processors. We may share your information with processors to perform functions on our behalf such as data storage, certain technical capabilities of the Services, website and software development, and analytics. Our processors are given the information they need to perform their designated functions and are not authorized to use or disclose personal information for their own marketing or other purposes.

Business Partners. Our business partners may use the Services to provide services to you, including by enabling you to identify and engage Providers (whether through the App or a business partner’s offering that incorporates the Services). When you utilize the Services through another entity or otherwise interact with another entity in connection with your use of the Services, this Privacy Policy will govern Streem’s use of your information but that entity will also have access to (and may own or control) your information, including because that information may be used to deliver the services you request, and that entity’s privacy practices will govern its use of such information.

Your Employer. If you are a professional employed by a Provider or if you are an employee of a company that has an enterprise relationship with Streem to offer you our Services (for example, as a means to provide you with IT support in your office), we may share certain information with your employer. Specifically, your company may have designated one or more administrators who can see the names and contact information of employees who have created accounts with Streem. We may allow employers to access the content of video calls, as well as provide information to your company regarding how many employees are active or not active users of Streem.

Parent Company, Affiliates and Subsidiaries. We may share your information with our parent company, affiliates and subsidiaries for legitimate business purposes, including to allow for our parent company, affiliates and subsidiaries to develop and modify products and services that may be of interest to you or other consumers.

Social Media Platforms. Where you choose to interact with us through social media, your interaction with social media providers typically allows that platform to collect some information about you through cookies they place on your device and other tracking mechanisms. In some cases, that social media platform may recognize you through its tracking even when you do not interact with their application(s). Please visit the social media platforms’ respective privacy policies to better understand their data collection practices and controls they make available to you.

ADDITIONAL INFORMATION ABOUT OUR DATA COLLECTION AND SHARING PRACTICES

Sharing of Data. We may analyze data and share these analyses at our discretion in order to provide or enhance the Services (or develop, provide and enhance other products or services), including with Providers and external processors.

Change of Ownership or Corporate Organization. We may transfer to another entity or its affiliates some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, or financing transaction (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Streem or as part of a corporate reorganization or other change in corporate control. We cannot guarantee that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Privacy Policy.

Cross-Border Transfer of Data. You understand that we may collect, process, and store your personal information in the United States and other countries. The laws in the United States regarding personal information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. To the extent allowable under applicable law, by using the Services, you consent to the collection, international transfer, storage, and processing of your data.

Where required or permitted by applicable law, we may share information for other reasons we disclose to you.

HOW WE SECURE THE INFORMATION WE COLLECT FROM OR ABOUT YOU

We use a combination of physical, technical, and administrative safeguards to protect the information we collect through the Services, including encryption of data. While we use these precautions to safeguard your personal information, like any company, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf, and, to the extent allowable under applicable law, you use our Services at your own risk.

Cookies and Other Automatic Information Gathering Technologies

Cookies: Our Website uses a technology called “cookies”. A cookie is a tiny element of data that our Website sends to a user’s browser, which may then be stored on the user’s device so that we can recognize the user’s browser when they return. Most web browsers automatically accept cookies but, if you prefer, you can modify your browser or device setting to disable or reject cookies. Some cookies are strictly necessary for us to provide our Services. These cookies will be placed automatically. To the extent required under applicable law, before we use any other cookies or tracking services, we will ask for your consent. If you delete your cookies or if you decline to enable our use of cookies, some features of the Services may not be available, work, or work as designed. For questions about our cookie practices, contact us at support@streem.com.

You may be able to opt-out of or block tracking by interacting directly with the third parties whose tracking technologies are integrated directly through our Website and App. Please see below for more information.

Additional Information About Our Use of Tracking Technologies

Streem relies on partners to provide many features of our Website and Services using data about your use of Streem and other sites. We may use cookies for the following purposes:

1. Website and App operations: Enabling features that are necessary for providing you the Services on our Website and App.

2. Analytics: Allowing us to understand how our Services are being used, track Website performance and make improvements.

3. Personalized marketing: Delivering tailored communications or advertising to prospective customers or interests across services and devices and measuring the effectiveness of these communications.

4. Social media: Enabling the sharing of content from our Services through social networking and other sites.

We use Google Analytics, a web analytics service provided by Google Inc., on our Website. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use the Website, compile reports on the Website’s activity, and provide other services related to Website activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here https://policies.google.com/.

Below is a list of third parties we use for information gathering purposes with links to more information on their use of your data and how to exercise your options regarding tracking:

Analytics:

Segment - Privacy Policy

Looker – Privacy Policy

Datadog – Privacy Policy

Personalized Advertising, Social Media:

Twitter - Privacy Policy

Facebook - Data Policy

LinkedIn Privacy Policy

Site Operations:

HubSpot Privacy Policy

Interest Based Advertising - We may work with third-parties such as ad networks and other advertising companies that use their own tracking technologies (including cookies and pixel tags) on our Website in order to provide you with tailored advertisements across the Internet. These companies may collect information about your activity on our Website and third-party websites (such as web pages you visit and your interaction with our advertising and other communications) and use this information to make predictions about your preferences, develop personalized content and deliver ads that are more relevant to you on third party websites. This information may also be used to evaluate our online advertising campaigns.

Opting-out of Interest-Based Advertising: For more information about interest-based advertising and to understand your options, including how you can opt-out of receiving behavioral ads from third-party advertising companies participating in the Digital Advertising Alliance’s Webchoices tool: https://optout.aboutads.info/.

Please note that even if you opt-out of interest-based advertising by a third party, these tracking technologies may still collect data for other purposes including analytics and you will still see ads from us, but the ads will not be targeted based on behavioral information about you and may therefore be less relevant to you and your interests.

To successfully opt out, you must have cookies enabled in your web browser (see your browser’s instructions for information on cookies and how to enable them). Your opt-out only applies to the web browser you use so you must opt-out of each web browser on each computer you use. Once you opt out, if you delete your browser’s saved cookies, you will need to opt-out again.

YOUR OPTIONS AND RIGHTS

Information Stored on Account Profiles of Providers

If you are a Provider, please visit the Settings section in the App to update your profile information. Providers may request deletion of their profile or any information contained in their account by emailing us at support@streem.com.

Marketing Communications

If at any time you would like to unsubscribe from receiving future marketing emails, you can click the unsubscribe link at the bottom of any email bulletin, or email us at support@streem.com and we will promptly remove you from applicable communications.

Interest-Based Advertising

To opt out of interest-based advertising, see the “Interest-Based Advertising” section above.

USERS UNDER 16

Our Website and Services are intended for users ages 16 and older. Accordingly, we will not knowingly collect or use any information from children that we know to be under the age of 16. If we become aware of information collected from a child under 16, we will delete such information.

YOUR CALIFORNIA PRIVACY RIGHTS

Residents of the state of California also have the right to request information regarding third parties to whom Streem has disclosed certain categories of personal information during the preceding year for such third parties’ direct marketing purposes. To make such a request, please send your request by email to support@streem.com.

NOTICE OF CALIFORNIA CONSUMER DATA COLLECTION AND SHARING PRACTICES

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as rights to access and control Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Certain information we collect may be exempt from the CCPA because it is considered public information (i.e., it is made available by a government entity) or covered by a federal privacy law, such as the Gramm-Leach-Bliley Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act.

To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.

Right to Access Information

You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. To protect your Personal Information, we are required to verify your identity before we act on your request.

Right to Request Deletion of Information

You have the right to request in certain circumstances that we delete Personal Information that we have collected directly from you. To protect your Personal Information, we are required to verify your identity before we act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

Sale of Personal Information

In the preceding twelve (12) months, we have not sold Personal Information. In addition, we will not sell Personal Information during any time period in which this Privacy Policy does not set forth instructions with respect to a consumer’s “right to opt-out” of the sale of Personal Information.

How to Submit a Request

You may submit a request by sending us an email at support@streem.com or calling us at (833) 729-2890.

Information Regarding the Categories of Personal Information Collected and Disclosed

The following is a description of our data collection practices, including the Personal Information we collected, the sources of that information, the purposes for which we collect information, and whether we disclose that information to external parties. We may use any and all of the information for any of the purposes described in this Privacy Policy, unless limitations are listed. The categories we use to describe the information are those enumerated in the CCPA.

1. Personal identifiers: We collect your name, phone number, email address, and/or location when you provide it to Streem as a part of creating an account or using the Services (and we may collect the same when you are using a third party offering incorporating the Services).

o We do not collect your Social Security number, driver’s license number, or passport number.

o We do not collect any medical information or health information about you.

o We do not collect your payment information or financial account information.

o We collect your IP address automatically when you use our Services.

o We collect your device ID automatically when you use our Services.

2. Commercial information: When you engage in transactions with us, we create records of goods or services purchased or considered, as well as purchasing or consuming histories or tendencies.

3. Internet or other electronic network activity information: We collect information about your use of our Services, including details of your visits to our Website or App and information generated in the course of the use of our Website or Services including, but not limited to, the timing, frequency and pattern of use, traffic data, location data, weblogs and other communication data, the resources that you access, and how you reached our Website.

4. Geolocation data: We may collect location data from you, including in cases where a Provider asks for your location to provide services. Whether or not you are a California resident, we collect your precise location (e.g., your GPS coordinates) only when you provide your consent.

5. Audio, electronic, visual, thermal, olfactory, or similar information: If you contact us via phone or videoconference, we may record the call. We will notify you if a call is being recorded at the beginning of the call. We do not collect your image or any thermal, olfactory, or similar information.

6. Professional or employment-related information: If you are a professional using the Streem service on behalf of your employer, we may collect information about you, your employer, or your employment status in order to authenticate and manage your use of the Service.

7. Education information: We do not collect any information about the institutions you have attended or the level of education you have attained.

8. Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics: We do not collect information about your preferences or characteristics or for the purpose of creating a profile.

We may share any of the above-listed information with service providers, which are external parties that we engage for business purposes and are restricted from using personal information for any purpose that is not related to our engagement. The categories of service providers with whom we share information and the services they provide are described herein. We may also disclose information to other external parties who are not listed here when required by law or to protect our company or other persons.

Information for Individuals Located in the UK, EEA and Switzerland

Right to lodge a complaint

Users that reside in the UK, EEA or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here and here.

Transfers

Personal information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities, as described above. We will transfer this data using the standard contractual clauses as adopted by the European Commission from time to time or such other safeguards as may be required by applicable data protection laws.

Individual Rights

If you are a resident of the UK, EEA or Switzerland, you are entitled to certain rights. Please note: In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you. These rights include the ability:

1. to request from us access to personal information held about you;

2. to ask for the information we hold about you to be rectified if it is inaccurate or incomplete;

3. to ask for personal information to be erased if (a) the information is no longer necessary for the purpose for which it was collected, (b) you withdraw consent and no other legal basis for processing exists, (c) if our processing of such information is not based on legitimate grounds, or (d) we are under a legal obligation to erase your information;

4. to request that we restrict our processing if (a) you contest the accuracy of your personal information, for a period enabling us to verify the accuracy of the personal information, (b) the processing is unlawful and you request restriction on processing rather than erasure, (c) we no longer need the personal information for the purposes of our processing but such information is required by you to establish, exercise or defend a legal claim, or (d) you have objected to our processing, for the period pending resolution as to whether our legitimate grounds in processing override your rights and interests;

5. to receive the personal information you have provided to us in a structured, commonly used and machine-readable format in order to transmit that information to another controller where (a) our processing is based on your consent or necessary for the performance of a contract to which you are party, and (b) such processing is carried out by us using automated means; and

6. to object to, on grounds relating to your particular situation, our processing of your personal information to the extent such processing is based upon our legitimate interests. Once you exercise your right to object, we will no longer process the relevant information unless we have compelling and legitimate grounds for such processing which override your interests, rights and freedoms, or to the extent such processing is conducted in connection with the establishment, exercise or defense of legal claims.

To submit a request to exercise your rights, please contact us at support@streem.com. We may have a reason under the law why we do not have to respond to your request, or respond to it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

Information for Individuals Located in Canada

Transfer of Personal Information

We and our service providers may disclose your personal information if we are required or permitted by applicable law or legal process, which may include lawful access by foreign courts, law enforcement or other government authorities in the jurisdictions in which we or our service providers operate. For information about the manner in which we or our service providers treat personal information, please contact us as set out in the “Contact Us” section of this Privacy Policy.

Access

Subject to limited exceptions under applicable law, you have the right to access, update and correct inaccuracies in your personal information in our custody and control. You may request access, updating and corrections of inaccuracies in your personal information in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records.

Changes to This Policy

We may make changes to this Policy from time to time. Such changes will become effective when they are posted. We will notify you of any material changes to this Privacy Policy by posting a Privacy Policy with an updated date on the Website and will obtain your consent, where required by law, either through your registered email address or by prominent posting on the Website. Where permitted by law, your continued use of our Services following the posting of any changes will mean you accept those changes. Please consult this page periodically to ensure familiarity with the most current version of this Privacy Policy.

Contact Us

For questions about our privacy practices, you may contact our Privacy Officer at support@streem.com.