Terms of Service

By signing up or otherwise using Softvelum, resources and services, you confirm that you agree to the following terms and conditions. If you do not agree with these terms, you must stop using Softvelum resources and services immediately.

Please read the terms of service for products of Furtree Systems, Inc. dba Softvelum. In the text below, "Softvelum", "we" and its forms mean Furtree Systems, Inc., its staff and contractors. These terms are subject to change without notice.
Your age must be at least 18 years of age in order to use our resources and services.

1. Trial usage

Any new account at WMSPanel (via both wmspanel.com and white label) has 2 weeks to try the service. It's a free trial, so no payments, no credit card or PayPal information required.
WMSPanel is fully functional except for a few limitations: you can add only up to 19 servers, pull API is not available and Deep stats may keep only up to 75000 records. There are no limitations on a number of streams, applications, data slices or users' logins.
During the trial period, you will receive automatic emails regarding the services and the trial. You may reply to them in order to contact our representatives.

After 14 days of trial your account will be blocked and then removed unless you make a subscription.
If you'd like to sign up again after a while - no problem, you're always welcomed.

If you register for several trial periods without subscription, we may reduce the number of allowed servers or deny you from further trial periods. We also have the right to remove your trial account without explanations if we think it poses a threat or fraud.

Most of functionality related to Nimble Streamer is available without additional charges and regardless of WMSPanel subscription.
Read this page for more details about freeware and premium usage of Nimble Streamer.

We currently do not provide trial period for Live Transcoder. You need to get a license in order to test it. You may cancel your license any time if you decide to stop using it. Visit Transcoder pricing page for more details.

We also do not provide trial period for Advertizer and Nimble DRM from Addenda package, and you need to get a license to test it. Visit Addenda page for more details.

2. Subscription

2.1 WMSPanel subscription

When you subscribe for WMSPanel account, you will continue using the service with all data available from the trial period.You can make subscription any time. Once you do, you will be able to use full variety of features available for our customers.
You will be charged on a monthly basis and will get invoice (receipt) for every monthly payment from our payment gateway.

We use FastSpring and PayPro Global as our secure gateways to process subscriptions' payments.

If you wish to change your service options, like add new account options or paid features, you are very welcomed to do that. New slices, servers and options will be reviewed and your subscription will be changed before the beginning of the next billing period.
If you try adding too many servers, you may face a requirement from the service to make a proportional up-front payment. Please refer to pricing page to find out more

You may cancel your subscription any time. You will find subscription control link in any payment confirmation email. You may also log into your WMSPanel account, click on Settings menu, open Subscription tab and find "FastSpring gateway subscription details page" or "PayPro Global gateway subscriptions page" link.
You can use the same link to change your payment method as well.

We may take up-front payments. It will be a payment equal to the price of 12 months of service with current amount of servers and options. Once we receive a payment, we put it on the account's credit. Every month a cost of monthly services is withdrawn from that credit and a customer gets a notification about it. If the monthly cost changes, then the cost of withdrawal is updated accordingly, and a customer gets a proper notification.
If you decide to leave the service before you spend your credit, we will not make refunds for any credit left on your account.

2.2 Live Transcoder licenses subscription

Please read Live Transcoder pricing page for more details about starting licenses' subscription.

If you remove Nimble Streamer instances which had Live Transcoder license registered on them, your corresponding Transcoder license will NOT be canceled, you must do it manually via license control web interface in Settings / Profile menu.

All Live Transcoder payments are non-refundable.

If you cancel WMSPanel subscription, you must cancel Transcoder license subscription manually, otherwise you will be charged as usual.

Please refer to sections 2.5 and 2.6 of current Terms regarding failures and termination.

2.3 Addenda package licenses subscription

Please visit Addenda package page for more details about starting licenses' subscription.

If you remove Nimble Streamer instances which had Addenda license registered on them, your corresponding Addenda license will NOT be canceled, you must do it manually via license control web interface in Settings / Profile menu.

All Addenda payments are non-refundable.

If you cancel WMSPanel subscription, you must cancel Addenda license subscription manually, otherwise you will be charged as usual.

Please refer to sections 2.4 and 2.5 of current Terms regarding failures and termination.

2.4 SDKs subscriptions

If you'd like to purchase Softvelum SDKs, you'll need to create an account in WMSPanel. The email which you enter during registration will be kept in the system to notify you about SDK updates and other SDK-related announcements.

Once you register, you'll be able to subscribe for any SDK using PayPro Global or FastSpring payment gateways. Softvelum team has the right to define the specific choice of gateway at each individual case.

After you subscribe to a mobile SDK, you'll be able to download a respective SDK package.
After you subscribe to HTML5 Player SDK, you'll need to contact Softvelum team to specify the list of domains where you plan using the player. The Softvelum team will then respond with a link for SDK package download.

2.5 Taxes: VAT, W9 etc.

If your company is from European Union then VAT field will appear on the page following the billing details. If a customer enters a valid VAT ID, it will not be charged.

If you failed to add VAT ID during FastSpring subscription, please contact FastSpring and specify your order ID and VAT ID so FastSpring could adjust your subscription and refund latest paid VAT.
If you need W9 form to set us as a supplier in your accounting system, please use this FastSpring W9 form. Since FastSpring is our payment gateway, their W9 is the one you need.

If you use PayPro Global and have any VAT-related questions, contact PayPro support to clarify that.

Some countries may require additional VAT which cannot be covered by tax IDs. We are not responsible for charging those taxes.

2.6 Billing failures

If your monthly payment does not succeed, you will get an email failure notice from a payment gateway at the email which you used for subscribing. You will need to follow a link from that message to enter payment new or existing payment credentials in order to re-initiate the payment.

If you use FastSpring, you may contact FastSpring support for any details regarding reasons for failures.

If you use PayPro Global, you may contact PayPro support for any related details.

2.7 WMSPanel account termination

In case of payments issues, if no payment is received within 2 weeks after the initial failure, then your account will be blocked. It will be removed completely after a week of further missing payments.

If there is an active Live Transcoder subscription existing at the moment of WMSPanel account removal, then Live Transcoder subscription will be canceled and all active licenses will be terminated and your transcoder scenarios will stop working. Nimble Streamer instances will keep working without interruption.

If there is an active Addenda package subscription existing at the moment of WMSPanel account removal, then Addenda subscription will be canceled and all active licenses will be terminated and your Advertizer and DRM will stop working. Nimble Streamer instances will keep working without interruption.

All data is lost upon account termination, including statistics and Transcoder scenarios. You may sign up again later for a new trial period and start a new subscription for it.

Softvelum reserves the right to remove any existing WMSPanel account in case if a client poses potential threat to WMSPanel service or other clients. Such client will be notified via account administrator email upon the removal.

2.8 Refunds

We do not refund any payments to customers. If a customer doesn't want to make any further payments, the subscription needs to be properly cancelled. Subscription control link can be found in any payment confirmation email.

3. Technical support

3.1 Must use search

You must search for answers through our websites and blog before asking questions.
We do not guarantee responses for general requests which can be answered by simple search, e.g. "What is slice?" or "What is the price of Nimble Streamer?"

3.2 Must use helpdesk

All requests for support must be submitted to our helpdesk via contact page or direct helpdesk email mentioned there.
We do not guarantee response to any request sent via any other channels such as personal emails, instant messengers, social networks etc.
We reserve the right to deny or ignore the support request if the requesting user has multiple requests over short period of time.
We also reserve the right to decline or even ignore your request without response if you don't follow the required steps to analyse issue before ticket submission.

Live Transcoder support requires active license subscription without overdue payments.
The support procedure is equal to the procedure described in section 3.2

3.3 WMSPanel and Paywall feature set support

Paywall capabilities of our products make a stable feature set which has been working properly for several years so far. If you see any issues, most probably you are facing one of the problems described in our FAQ. Please follow its Q&As and make sure you've done all analysis.
We do not provide support for this feature set unless you have the advanced security support subscription and have a strong evidence of feature's incorrect behavior.

WMSPanel reporting features are also stable and proven by hundreds of our clients for both Nimble Streamer and Wowza Streaming Engine. So if you see some reporting-related issue, most probably you see normal statistics. Please check all types of daily stats carefully and enable Deep stats to find the streams which generate strange metrics. After that you'll be able to locate the source of problematic behavior among your viewers. With that being said, we do not guarantee a response to requests related to WMSPanel stats.

4. Limited warranty and liability

Softvelum provides the software without any warranties of any kind, express, implied, statutory, or in any other provision of these terms or communication with you, and Softvelum specifically disclaims any implied warranties of merchantability. To the maximum extent permitted by applicable law, in no event will Softvelum be liable for any lost profits or business opportunities, loss of use, business interruption, loss of data, or any other indirect, special, incidental, or consequential damages under any theory of liability, whether based in contract, tort, negligence, product liability, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the preceding limitation may not apply to you. Softvelum liability under these terms will not, in any event, exceed the subscription fees, if any, paid by you for the software provided to you by Softvelum team. The foregoing limitations shall apply to the maximum extent permitted by applicable law, regardless of whether Softvelum has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.

5. Handling geo-location data

WMSPanel uses third party components to determine viewers' geo location and draw a map in Geo stats report based solely on these components' data without any changes.
If the data provided by these components are not correct, please disable geo report as it's not mandatory.
GeoIP2 Databases are used for detecting viewers' location based on their IP addresses.
JVectorMap v1.1.1 is used for displaying World as Miller projection map in Geo stats.
After viewer location detection, the IP address is then dropped and only the processed stats are stored in WMSPanel without any personal information.

6. Privacy policy

Please refer to this page for privacy policy for our products.

If you haven't found some specific use case explanation in the Terms of Service above, please refer to section 3.2 to ask for it.

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