Legal Terms & Conditions

Effective Date: 1st January 2009  |  Last Updated: 1st April 2024

These Terms & Conditions are legally binding. By availing any service from Streamonweb, you confirm that you have read, understood, and unconditionally agreed to all the terms stated herein.

1. Definitions

"Streamonweb" or "Company" refers to Streamonweb (STREAMONWEB.COM), its owners, partners, directors, employees, agents, sub-contractors, and assigns, operating at www.streamonweb.com and all associated domains and sub-domains.

"Client" or "Subscriber" refers to any individual, proprietorship, partnership firm, limited liability partnership, private or public limited company, trust, society, government body, government department, election authority, public sector undertaking, broadcast entity, educational institution, NGO, or any other legal entity that has subscribed to, paid for, signed up for, or is availing any service offered by Streamonweb — whether on a paid, trial, complimentary, or barter basis.

"Services" means any and all services provided by Streamonweb including but not limited to: live video streaming, webcasting, CDN (Content Delivery Network) services, OTT (Over-The-Top) platform, election monitoring streaming solutions, video-on-demand (VOD), e-learning video platforms, live encoders, transcoding services, custom web applications, mobile applications (Android/iOS), monitoring dashboards, administrative portals, APIs, software-as-a-service products, helpdesk and support, or any other digital, technical, or technology service rendered to the Client.

"Platform" means the entire Streamonweb technology stack including servers, hardware, networking infrastructure, CDN nodes, software, source code, databases, intellectual property, streaming engines, encoding pipelines, and all associated systems used to deliver Services.

"Agreement" means these Legal Terms & Conditions together with any service proposal, order form, quotation, invoice, purchase order acceptance, email confirmation, or separately executed service agreement exchanged between Streamonweb and the Client, all of which are incorporated by reference.

"Content" means any audio, video, live stream, archived recording, data, text, images, or other material uploaded, streamed, transmitted, or made accessible by the Client through Streamonweb's Platform.

"Authorised User" means any individual employee, contractor, agent, or representative of the Client who is authorised by the Client to access and use the Services under the Client's account.

"Confidential Information" means any non-public information of either party — including technical, financial, business, pricing, operational, and strategic data — disclosed in connection with the Agreement.

"Personal Data" shall have the meaning assigned to it under the Digital Personal Data Protection Act, 2023 and includes any data about an individual who is identifiable by or in relation to such data.

2. Acceptance of Terms

By accessing, subscribing to, or using any Service offered by Streamonweb — including but not limited to initiating a streaming session, making a payment, signing or accepting an order form or proposal, responding affirmatively to a service proposal via email, WhatsApp, or any other communication channel, or simply continuing to avail an active service — the Client unconditionally and irrevocably accepts and agrees to be bound by these Legal Terms & Conditions in their entirety.

Acceptance is not limited to express written consent. Continued use of any Streamonweb service shall constitute ongoing, binding acceptance of these Terms as they exist at any given time.

2.1 Applicability Without Any Formal Agreement

These Legal Terms & Conditions constitute a standalone, self-executing, and independently binding legal agreement between Streamonweb and the Client. Their applicability is not conditional upon — and is entirely independent of — the existence, execution, or signing of any Memorandum of Understanding (MOU), Service Level Agreement (SLA), Master Service Agreement (MSA), contract, agreement, purchase order, letter of intent, work order, or any other formal or informal document.

Accordingly, even in the complete and total absence of any signed or unsigned MOU, agreement, contract, letter, or any other document of any nature whatsoever between Streamonweb and the Client:

• These Terms shall be deemed to have been fully accepted and shall be legally binding on the Client from the moment the Client first receives, accesses, uses, or benefits from any Service provided by Streamonweb;
• The Client shall be bound by all obligations, restrictions, and liabilities set out in these Terms as though a formal written agreement incorporating these Terms had been duly signed;
• No absence of a formal agreement, contract, or MOU shall be raised by the Client as a defence, justification, or ground for non-compliance with any provision of these Terms, or as a basis for denying Streamonweb any right, remedy, or protection available under these Terms;
• Any verbal instruction, telephonic communication, email, WhatsApp message, SMS, or any other form of communication through which the Client requests, authorises, or acknowledges any service from Streamonweb shall be treated as a valid and legally sufficient act of acceptance of these Terms and of the service charges applicable to such services.

The above position is grounded in the doctrine of implied contract and conduct-based acceptance under Section 8 of the Indian Contract Act, 1872, which provides that performance of the conditions of a proposal, or acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal. The Client's receipt and use of Streamonweb's services constitutes such performance and acceptance.

2.2 Electronic and Conduct-Based Acceptance

Where the Client is a legal entity (company, firm, government department, etc.), the individual using, accessing, or otherwise interacting with Streamonweb's services on behalf of the Client represents and warrants that they have full authority to bind the Client organisation to these Terms, and the Client organisation shall be bound accordingly.

Electronic acceptance — including email confirmation, digital signature, payment, any WhatsApp or SMS acknowledgement, or any act of using the service — shall constitute valid and legally enforceable acceptance under Section 10A of the Information Technology Act, 2000.

If the Client does not agree to any part of these Terms, the Client must immediately stop using all Streamonweb services and notify Streamonweb in writing. Failure to do so while continuing to use or benefit from the services shall constitute unconditional acceptance of these Terms in their entirety.

2.3 Deemed Notice and Constructive Knowledge

These Legal Terms & Conditions are permanently, publicly, and continuously published on Streamonweb's website at www.streamonweb.com/legal and are incorporated by reference into every quotation, proposal, invoice, service activation communication, and email sent by Streamonweb to the Client.

The Client shall be deemed to have full notice and constructive knowledge of these Terms from the moment the Client first receives any quotation, proposal, invoice, or any other communication from Streamonweb referencing its services or pricing — irrespective of whether the Client actually visited this page, read these Terms, was verbally informed of these Terms by any Streamonweb representative, or took any other affirmative step to access this document.

This position is supported by the following established legal principles under Indian law:

• Constructive Notice: A person is deemed to have notice of all facts which they would have discovered upon making reasonable enquiries. Any Client receiving a service or payment request from a commercial service provider is reasonably expected to enquire about the governing terms before availing the service.
• Standard Form Contracts: Indian courts, including the Supreme Court of India, have upheld standard form contracts — where one party sets the terms and the other party accepts them by conduct — as valid and binding, even where the accepting party did not read the specific terms. The binding nature of such contracts is well established under Indian contract law.
• Obligation to Read: Under the principle of caveat emptor and general commercial prudence, a party entering into a commercial arrangement bears the responsibility to read and understand the terms governing that arrangement. The Client cannot later claim ignorance of publicly available terms as a basis for avoiding obligations.
• Section 8 of the Indian Contract Act, 1872: Acceptance by conduct — including receiving and using services — constitutes valid acceptance of the terms on which the offer was made, including terms publicly notified on the offeror's official website and incorporated by reference into commercial communications.

The Client expressly waives any right to raise a defence of lack of notice, lack of knowledge, or non-communication of these Terms as a ground for avoiding any obligation, liability, or restriction imposed by these Terms. The Client's receipt of any service, benefit, application, platform access, stream credential, login credential, or any other deliverable from Streamonweb shall be conclusive and irrebuttable evidence that the Client had adequate notice of and has accepted these Terms.

3. Nature of Services — Software & Technology as a Service (SaaS / TaaS)

All services, software, applications, platforms, dashboards, portals, mobile applications, APIs, monitoring tools, election solutions, OTT products, and any other technology product developed, built, customised, or delivered by Streamonweb to or for the Client are provided exclusively on a Service basis ("as-a-Service"). No product, application, code, or deliverable constitutes a "sale of goods" or "sale of software."

This means:

• The Client is granted a limited, non-exclusive, non-transferable, revocable, personal licence to access and use the applicable Service solely for the Client's authorised internal purposes during the active subscription or contract period and for no other purpose.
• Any application, portal, dashboard, election monitoring tool, webcast system, mobile app, OTT platform, streaming player, administrative panel, e-learning platform, encoder system, or any other software product built, configured, or customised by Streamonweb for the Client — whether built on a bespoke basis, white-labelled, co-branded, or branded entirely for the Client — is and shall always remain the sole and exclusive property of Streamonweb. The Client does not acquire any ownership, title, equity, or proprietary interest in such products at any time, regardless of the quantum of payment made.
• The Client acknowledges and agrees that any product or service delivered by Streamonweb constitutes a service delivery and not a sale or transfer of software, product, or intellectual property. No ownership transfer occurs regardless of any amounts paid by the Client.
• Upon termination or suspension of the Client's subscription for any reason — including non-payment — the Client's licence to use the Service is automatically, immediately, and unconditionally revoked without any need for further notice or action.
• Streamonweb retains the right to deploy, reuse, resell, or commercialise any platform, codebase, framework, or technology built for or used by the Client, for any other client or purpose, at any time.

4. Intellectual Property Rights

4.1 Absolute Ownership by Streamonweb

Streamonweb is and shall at all times remain the sole, absolute, and exclusive owner of all intellectual property rights — present and future — in and to the Platform and all Services, including without limitation:

• All source code, object code, bytecode, software, scripts, algorithms, application logic, programme architectures, and system designs;
• All web applications, mobile applications (Android and iOS), progressive web apps, APIs, SDKs, browser-based interfaces, and command-line tools;
• All live streaming infrastructure, CDN architecture, encoding and transcoding pipelines, adaptive bitrate systems, origin servers, edge nodes, and delivery networks;
• All election monitoring systems, result display dashboards, booth-level streaming tools, control panels, and data visualisation components;
• All OTT platform components, VOD management systems, DRM implementations, and subscription management modules;
• All custom applications, portals, dashboards, and tools built specifically for or on behalf of any Client — including white-label or co-branded products;
• All user interface (UI) layouts, user experience (UX) flows, wireframes, design systems, graphics, icons, animations, and visual components;
• All documentation, technical specifications, architecture diagrams, workflow documentation, API references, and training materials;
• All trade names, trademarks, service marks, logos, domain names, slogans, and brand identities associated with Streamonweb;
• All databases, data models, data schemas, data structures, and data pipelines forming any part of any Streamonweb product;
• All enhancements, modifications, updates, patches, bug fixes, and derivatives of any of the above, regardless of who suggested, contributed to, or paid for them.

These rights are protected under the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999, the Designs Act, 2000, the Information Technology Act, 2000, and all other applicable Indian intellectual property laws and international conventions to which India is a signatory, including the Berne Convention and TRIPS Agreement.

4.2 Client Content

The Client retains ownership of all original audio-visual content, data, and materials that the Client itself independently creates and uploads or streams through the Streamonweb Platform. However, the Client grants Streamonweb a worldwide, royalty-free, non-exclusive, sublicensable licence to store, process, cache, transmit, encode, transcode, reproduce, and deliver such content solely to the extent required to provide the Services during the term of the Agreement.

4.3 No Transfer of IP — Absolute Rule

Nothing in these Terms, in any invoice, in any proposal, in any email, in any purchase order, or in any verbal or written communication — regardless of the language used — shall be construed as a transfer, assignment, or creation of any intellectual property rights from Streamonweb to the Client, beyond the limited usage licence expressly stated in Section 3.

Any suggestion, feedback, feature request, business requirement, enhancement idea, or specification provided by the Client to Streamonweb shall vest in and become the exclusive property of Streamonweb upon creation, and Streamonweb shall have the sole and perpetual right to use, incorporate, commercialise, patent, protect, or assign such feedback without any obligation, attribution, or compensation to the Client.

4.4 Prohibition on Reverse Engineering and Copying

The Client shall not, directly or indirectly, and shall ensure its employees, agents, contractors, and Authorised Users do not:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any Streamonweb software;
• Copy, reproduce, redistribute, or create derivative works based on any part of the Platform or Services;
• Sub-licence, rent, lease, lend, sell, resell, or transfer access to the Services to any third party;
• Attempt to replicate, rebuild, or independently develop a competing product based on knowledge or observation of the Platform;
• Circumvent any technical protection measures, DRM, access controls, or encryption used by Streamonweb.

Any such act shall constitute a material breach of this Agreement and an infringement of Streamonweb's intellectual property rights, entitling Streamonweb to seek immediate injunctive relief, damages, account for profits, and all other remedies — including criminal prosecution under the Copyright Act, 1957 and the IT Act, 2000.

5. Client Representations and Warranties

The Client represents, warrants, and undertakes to Streamonweb that, at the time of entering into this Agreement and throughout the term of service:

• The Client has full legal capacity, power, and authority to enter into, execute, and perform its obligations under this Agreement;
• Where the Client is a legal entity, this Agreement has been duly authorised by all necessary internal approvals and does not conflict with the Client's constitutional documents, any applicable law, or any other agreement to which the Client is a party;
• All information and documentation provided by the Client to Streamonweb — including KYC details, GST registration, contact information, billing details, and content licences — is accurate, complete, and current;
• The Client owns or has obtained all necessary licences, permissions, clearances, consents, and rights (including content rights, performance rights, music licences, and broadcast rights) required to stream, publish, or transmit the Content through the Platform;
• The Content does not and will not infringe any third-party intellectual property right, privacy right, or any other legal right;
• The Client is not subject to any sanction, embargo, blacklisting, or regulatory prohibition under Indian law that would prevent it from entering into this Agreement or using the Services;
• The Client's use of the Services complies and will continue to comply with all applicable laws, regulations, and governmental orders.

These representations and warranties are deemed repeated on each day of the term of this Agreement. Any breach shall constitute a material breach entitling Streamonweb to immediately terminate the Agreement without liability.

6. Payment Terms

6.1 Advance Payment

All Services are provided on a strictly prepaid basis. The Client shall pay all applicable service charges in full and in advance before the commencement of each billing cycle (monthly, quarterly, annual, or as otherwise agreed in writing). Streamonweb is under no obligation to activate or continue providing Services if payment is not received in advance.

6.2 Monthly Billing

Where the Client's service plan is billed monthly, payment shall be due on or before the monthly renewal date — being the same date of the month on which the Client's service was first activated, or as otherwise specified in the service agreement. Time is of the essence with respect to all payment obligations under this Agreement.

6.3 Mode of Payment

Payments shall be made by NEFT, RTGS, IMPS, bank transfer, UPI, cheque, demand draft, or any other mode mutually agreed upon in writing. Payments by cheque or demand draft are subject to realisation and the service activation or continuation date shall be calculated from the date of credit to Streamonweb's account. Streamonweb shall not be responsible for delays caused by banking systems or payment infrastructure.

6.4 Non-Refundable Payments

All payments made to Streamonweb are strictly non-refundable under all circumstances. Once a payment has been received, it will not be refunded for any reason whatsoever, including but not limited to: cancellation of service by the Client, non-use of services, dissatisfaction with service quality, change in the Client's business requirements, technical disruptions, or termination of the Agreement for any reason. Streamonweb may, at its sole and absolute discretion, offer service credits in truly exceptional circumstances as documented in a separately executed SLA, but this shall not be construed as a general refund entitlement.

6.5 Taxes and GST

All charges quoted by Streamonweb are exclusive of applicable taxes unless expressly stated otherwise in writing. The Client is solely responsible for all taxes, levies, duties, cesses, and surcharges — including Goods and Services Tax (GST) at the applicable rate — imposed on the Services under Indian law. Where the Client is GST-registered, it shall provide its valid GSTIN for proper invoicing. Streamonweb shall not be liable for any tax liability of the Client.

6.6 Late Payment Interest

In the event payment is not received by the due date, Streamonweb reserves the right to charge interest at the rate of 2% per month compounded monthly (or the maximum permitted by applicable law, whichever is lower) on the outstanding amount from the due date until the date of actual payment in full. Such interest is payable in addition to the principal and shall not affect Streamonweb's right to suspend or terminate services.

6.7 Pricing Revision

Streamonweb reserves the right to revise its service pricing, tariffs, and fee structures at any time, with thirty (30) days' written notice to the Client. Revised pricing applies from the next billing cycle following the notice period. The Client's continued use of Services after revised pricing takes effect constitutes acceptance of the new pricing. If the Client does not accept the revised pricing, it must terminate the service as per Section 7.3 before the revised pricing takes effect; failure to do so shall be deemed acceptance.

6.8 Recovery of Dues

Streamonweb reserves the right to recover all outstanding dues — including principal amounts, interest, and reasonable recovery costs (including legal and arbitration fees) — through any legal means available under Indian law, including filing a suit for recovery or initiating arbitration under Section 34.

7. Account Suspension and Termination

7.1 Suspension for Non-Payment — No Notice Required

If any payment due to Streamonweb remains unpaid beyond the scheduled due date, Streamonweb reserves the right — without any prior notice, without any warning, and without any liability to the Client — to immediately:

• Suspend, disable, or throttle all or any part of the Client's Services, including live streams, webcast access, CDN delivery, portals, dashboards, APIs, mobile applications, encoding, and all associated features;
• Restrict or deny access to any Client data, content, recordings, or configurations stored on Streamonweb servers until all outstanding dues are cleared in full;
• Permanently terminate the Client's account if payment remains outstanding for more than fifteen (15) calendar days beyond the due date, without further notice;
• Recover all outstanding dues along with applicable interest and all recovery costs through legal proceedings.

Suspension or termination due to non-payment shall not relieve the Client of its obligation to pay all amounts due to Streamonweb. Restoration of suspended services is entirely at Streamonweb's sole discretion and shall only be considered upon receipt of full outstanding payment plus any applicable reinstatement fee. Streamonweb shall not be liable for any business loss, reputational damage, or other consequences suffered by the Client as a result of such suspension or termination.

7.2 Termination for Breach

Streamonweb may immediately suspend or terminate the Client's access to Services, with or without notice, in the event of:

• Breach of any provision of these Terms;
• Use of Services for any illegal, unlawful, fraudulent, or unauthorised purpose;
• Violation of any applicable law, regulation, or court/tribunal order;
• Streaming, hosting, or distributing prohibited, obscene, defamatory, seditious, or otherwise illegal content;
• Any act that adversely affects Streamonweb's systems, infrastructure, reputation, or other clients;
• False, fraudulent, or misleading information provided by the Client;
• Insolvency, winding up, or appointment of a liquidator or administrator for the Client;
• Any conduct that Streamonweb, at its sole and absolute discretion, considers harmful, objectionable, or contrary to the spirit of this Agreement.

7.3 Termination by Client

The Client may request termination of Services by providing at least thirty (30) days' written notice to Streamonweb prior to the next billing cycle. No refund shall be issued for any period already paid. All outstanding amounts — including any amounts accrued but not yet invoiced — must be cleared in full before termination is processed. Client data stored on Streamonweb servers may be permanently deleted within thirty (30) days of the termination effective date. The Client is solely responsible for extracting and retaining any data it requires before that date.

7.4 Effect of Termination

Upon termination or suspension, regardless of the reason:

• All licences granted to the Client are immediately, automatically, and irrevocably revoked;
• The Client shall immediately cease all use of the Platform and Services;
• Streamonweb has no obligation to retain Client data beyond thirty (30) days post-termination and may permanently delete it without any liability;
• The Client shall immediately cease using any Streamonweb-branded URLs, embed codes, player integrations, or streaming configurations;
• All amounts outstanding shall become immediately due and payable;
• Sections 4, 9, 20, 21, 22, 23, 24, 26, 33, 34, and all provisions intended by their nature to survive, shall continue in full force and effect after termination.

8. Client Obligations and Responsibilities

The Client agrees and undertakes at all times to:

• Provide accurate, complete, and current information including valid KYC documents, GST number, PAN/TAN, billing details, and authorised contact information, and promptly update Streamonweb of any changes;
• Use the Services only for lawful purposes and in strict compliance with all applicable Indian laws, regulations, rules, and governmental orders;
• Maintain strict confidentiality of all login credentials, access tokens, API keys, and account passwords. The Client shall be solely and fully responsible for all activity — authorised or unauthorised — that occurs under its account;
• Comply with all applicable broadcasting regulations and guidelines issued by the Ministry of Information & Broadcasting (MIB), Government of India, the Telecom Regulatory Authority of India (TRAI), the Ministry of Electronics and Information Technology (MeitY), and any other competent regulatory authority;
• Obtain and maintain in force all necessary licences, clearances, NOCs, and permissions required for the content streamed, including music licences (IPRS, PPL), synchronisation rights, performance rights, broadcast rights, and any election-related permissions from the Election Commission of India (ECI);
• Not stream or transmit content that is defamatory, obscene, seditious, in violation of national security, or prohibited under the Indian Penal Code, 1860, the Bharatiya Nyaya Sanhita, 2023, the Information Technology Act, 2000, the Indecent Representation of Women (Prohibition) Act, 1986, or any other applicable statute;
• Immediately notify Streamonweb in writing of any unauthorised use of its account, any breach of security, any loss of credentials, or any suspicious activity;
• Not sub-licence, resell, share, or transfer access to the Services to any third party without Streamonweb's prior written consent;
• Not attempt to circumvent, bypass, probe, scan, or test any technical restriction, security measure, access control, or usage limitation on the Platform;
• Ensure that all Authorised Users are aware of and comply with these Terms;
• Not use the Services to transmit, distribute, or publish any misleading, fraudulent, or spam communications;
• Maintain adequate internet connectivity, hardware, and technical resources required for proper use of the Services — Streamonweb is not responsible for the Client's connectivity or equipment failures;
• Promptly cooperate with Streamonweb's technical team for onboarding, configuration, testing, and support as required.

9. Prohibited Use and Content

The Client agrees that the Streamonweb Platform and Services shall under no circumstances be used for:

• Streaming, hosting, storing, or distributing content that is obscene, pornographic, sexually explicit, or in violation of the Protection of Children from Sexual Offences Act, 2012 (POCSO);
• Content that incites violence, hatred, communal disharmony, or discrimination on grounds of religion, race, caste, sex, language, place of birth, or any ground under Article 15 of the Constitution of India;
• Any content that threatens, undermines, or is prejudicial to the sovereignty and integrity of India, the security of the State, or public order;
• Fraudulent, misleading, deceptive, or impersonation-based broadcasts or communications;
• Unauthorised rebroadcast, relay, or retransmission of copyrighted television channels, sporting events, film premieres, news broadcasts, or any licensed media;
• Dissemination of spam, phishing, or unsolicited bulk communications;
• Hosting or transmitting malware, ransomware, spyware, or any malicious code;
• Any use that violates the IT Act 2000, IPC 1860 / Bharatiya Nyaya Sanhita 2023, Representation of the People Act, 1951, or any other Indian statute;
• Election-related misinformation, paid news, fake exit polls outside permitted windows, or any broadcast that violates the Model Code of Conduct (MCC) issued by the Election Commission of India;
• Any content involving foreign funding or foreign interference not compliant with the Foreign Contribution (Regulation) Act, 2010 (FCRA);
• Any commercial activity that would attract obligations under the Prevention of Money Laundering Act, 2002 (PMLA) for Streamonweb without prior written consent.

Streamonweb is under no obligation to actively monitor Client content but may — at its sole discretion — review, moderate, or remove any content that it believes violates these Terms, applicable law, or any government order. The Client shall be solely and exclusively liable for all consequences arising from its content.

10. Content Takedown and Intermediary Obligations

10.1 Intermediary Status

Streamonweb operates as an "intermediary" as defined under Section 2(1)(w) of the Information Technology Act, 2000 with respect to certain services. Streamonweb's intermediary protections under Section 79 of the IT Act are conditional upon compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules 2021"), as amended from time to time.

10.2 Takedown on Government Order

Streamonweb is legally obligated to comply with any order, direction, or notice from the Government of India, any State Government, competent courts, tribunals, or any statutory authority requiring the takedown, blocking, or removal of any content or service. Streamonweb shall comply with such orders without prior notice to the Client and without any liability to the Client for any loss resulting from such compliance.

10.3 Takedown on Third-Party Complaint

Upon receipt of a valid complaint from a third party, Streamonweb may — at its sole discretion — disable, remove, or restrict access to such content within the timeframe required by applicable law. Streamonweb will endeavour to notify the Client but is not obligated to do so before taking down content in urgent or legally mandated situations.

10.4 Client's Primary Liability

The Client acknowledges that it is the "publisher" of its Content and Streamonweb is merely the technology conduit. Any legal, regulatory, or third-party liability arising from the Client's Content is solely and exclusively the responsibility of the Client. The Client shall fully indemnify Streamonweb against any claim, fine, or proceeding arising from its Content.

11. Fair Usage and Bandwidth Policy

11.1 Bitrate Limits

The Client's streaming bitrate must remain within the limits specified in the Client's service plan or account configuration. Live streams must be encoded between 24 kbps and the maximum bitrate specified in the Client's plan. Sustained overstreaming at a materially higher bitrate than the plan limit is a breach and may result in immediate stream termination or account suspension without notice.

11.2 Concurrent Stream and Viewer Limits

The number of simultaneous streams, concurrent viewers, or parallel encoding sessions permitted is governed by the Client's service plan. Exceeding plan limits without prior written approval may result in service degradation, additional charges, or suspension.

11.3 Bandwidth Overage

Where the Client exceeds the bandwidth, data transfer, or viewer-minutes included in its plan, Streamonweb may at its discretion: (a) charge additional fees at applicable tariff rates, (b) throttle the service, or (c) suspend the service until the Client upgrades its plan. Streamonweb shall not be liable for any service limitation applied due to genuine plan overage.

11.4 Resource Abuse

The Client shall not run any programme, script, bot, or automated tool designed to artificially inflate viewer counts, abuse server resources, probe infrastructure, or cause disproportionate load on Streamonweb's systems. Any such activity shall result in immediate termination.

12. Service Level, Uptime and Support

12.1 Commercially Reasonable Efforts

Streamonweb shall use commercially reasonable efforts to maintain service availability and platform stability. However, Streamonweb does not guarantee and expressly disclaims any guarantee of uninterrupted, error-free, or continuously available services. Scheduled maintenance, force majeure events, internet backbone disruptions, third-party CDN issues, upstream provider failures, cyberattacks, and hardware failures may result in service interruptions.

12.2 Scheduled Maintenance

Streamonweb may carry out scheduled maintenance that temporarily interrupts services. Where feasible, Streamonweb will provide advance notice, but is not obligated to do so for emergency maintenance required to protect the security or integrity of the Platform.

12.3 SLA

Any specific uptime guarantees, response time commitments, or service credit provisions, if applicable, shall be exclusively governed by a separately executed and signed Service Level Agreement (SLA). In the absence of a separately executed SLA, no uptime guarantee is implied and no service credits shall be owed.

12.4 Support

Technical support is provided as described in the Client's service plan or as separately agreed in writing. Support is delivered via email, phone, or remote assistance during Streamonweb's published support hours. Streamonweb does not guarantee resolution timelines unless specified in a separately executed SLA. Support obligations do not extend to resolving issues caused by the Client's hardware, internet connectivity, third-party software, or configurations made outside Streamonweb's recommendation.

13. Security Obligations and CERT-In Compliance

13.1 CERT-In Directions 2022

Streamonweb, as an ICT service provider, is subject to the CERT-In Directions dated 28 April 2022 issued by the Indian Computer Emergency Response Team under Section 70B of the IT Act, 2000. In compliance with these Directions:

• Streamonweb maintains system logs for a minimum period of 180 days within Indian jurisdiction;
• Streamonweb shall report cyber security incidents to CERT-In within six (6) hours of detection;
• Streamonweb maintains accurate time synchronisation using Network Time Protocol (NTP) servers as mandated;
• Streamonweb may be required to share logs, configuration data, or information with CERT-In or government authorities upon lawful direction.

The Client acknowledges that compliance with CERT-In directions may require disclosure of the Client's data to government authorities, and the Client consents to such disclosure to the extent required by law.

13.2 Client's Security Obligations

The Client is responsible for maintaining the security of its access credentials, encoder configurations, broadcast equipment, and internal networks. The Client shall immediately report any security incident, data breach, unauthorised access, or account compromise to Streamonweb. Streamonweb shall not be liable for any security breach arising from the Client's side.

13.3 Streamonweb's Security Measures

Streamonweb implements reasonable technical and organisational security measures appropriate to the nature of the Services, including access controls, encryption in transit, server hardening, firewall protection, and intrusion detection systems. However, no system is completely immune to cyberattacks, and Streamonweb does not warrant the absolute security of the Platform.

13.4 Cyber Incident Response

In the event of a cyber security incident affecting the Client's services, Streamonweb will take prompt remedial action and notify the Client as soon as reasonably practicable. Streamonweb's liability in connection with any cyber incident shall be governed by Section 21.

14. Data Protection and Privacy

14.1 Applicable Law

Both parties agree to comply with the Digital Personal Data Protection Act, 2023 (DPDPA) and the DPDP Rules, 2025 (and any amendments), as well as the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and all other applicable Indian data protection laws.

14.2 Processing of Client Data

Streamonweb will process Client data and Personal Data solely for the purposes of providing the Services. Streamonweb will not sell, rent, or share Client's Personal Data with any third party for commercial purposes. Streamonweb implements reasonable technical and organisational measures to protect Client data from unauthorised access, disclosure, loss, or destruction.

14.3 Client as Data Fiduciary

With respect to Personal Data of the Client's own end-users, viewers, employees, or event participants that flows through or is collected via Streamonweb-hosted portals or applications deployed for the Client, the Client is the Data Fiduciary and Streamonweb acts as a Data Processor under DPDPA 2023. The Client is solely responsible for: obtaining valid consent from end-users; publishing a compliant Privacy Notice; honouring data principal rights under DPDPA 2023; and ensuring all data processing is lawful.

14.4 Data Breach Notification

In the event of a Personal Data breach affecting Client data within Streamonweb's control, Streamonweb will notify the Client and — where required — the Data Protection Board of India within the timeframe prescribed by DPDPA 2023 and applicable rules.

14.5 Records Retention

Streamonweb shall retain records of data processing activities, service logs, and transaction records for a minimum period of eight (8) years from the date of the transaction or data creation, in compliance with the IT Act 2000, CERT-In Directions 2022, and the Companies Act, 2013. Notwithstanding this, Streamonweb may delete Client Content and account data thirty (30) days after account termination.

14.6 Sub-Processors

Streamonweb may engage third-party sub-processors (CDN providers, cloud hosting, email services, payment gateways) to assist in delivering Services. Streamonweb will ensure sub-processors are bound by appropriate data protection obligations. The Client consents to Streamonweb engaging sub-processors as necessary for service delivery.

14.7 Cross-Border Data Transfer

Where Personal Data is transferred outside India in the course of service delivery (for example via CDN nodes located outside India), such transfers shall be subject to the cross-border transfer restrictions under DPDPA 2023 and any notifications issued thereunder. Streamonweb will endeavour to process data within India wherever practicable. The Client authorises necessary cross-border transfers required for effective service delivery.

15. Third-Party Services and Infrastructure

The Services rely on or may integrate with third-party infrastructure including CDN providers, cloud hosting, domain registrars, internet exchange points, encoding hardware manufacturers, payment gateways, email delivery platforms, and analytics APIs. Streamonweb does not warrant, guarantee, or assume any liability for:

• The availability, performance, accuracy, security, or reliability of any third-party service or infrastructure;
• Service interruptions or degradation caused by third-party CDN outages, cloud infrastructure failures, upstream ISP failures, or peering issues;
• Privacy practices, data handling policies, or security standards of any third-party provider;
• Changes in third-party terms of service, pricing, or availability that affect Streamonweb's ability to deliver Services.

Any third-party websites, tools, or services linked from the Streamonweb Platform are provided for informational purposes only. Streamonweb does not endorse and is not responsible for any third-party website or service. The Client accesses third-party services entirely at its own risk.

16. Election Services — Special Terms

Where Streamonweb provides services specifically for election monitoring, polling booth streaming, result display, election observation, or any related activity commissioned by any government authority, election commission, political party, election observer, or government department (collectively "Election Services"), the following additional terms apply:

16.1 ECI and Statutory Compliance

The Client using Election Services shall ensure full compliance with all guidelines, directions, orders, and advisories issued by the Election Commission of India (ECI), the Chief Electoral Officer of the relevant state, the District Election Officer, and all other competent authorities. Any use of Election Services that violates ECI guidelines, the Representation of the People Act, 1951, or any other election law is strictly prohibited.

16.2 Election Data Confidentiality

All data, streams, footage, dashboards, and information related to Election Services are strictly confidential. The Client shall not share, publish, disclose, or allow any unauthorised person access to any election monitoring feeds, raw data, stream credentials, or dashboard information. Any unauthorised disclosure shall constitute a criminal offence and a material breach of this Agreement.

16.3 No Guarantee of Accuracy

Streamonweb's Election Services provide a technology platform for streaming and monitoring. Streamonweb does not guarantee the accuracy, completeness, or integrity of any data, vote counts, results, or information displayed through its election monitoring tools. Any reliance on such information for official election purposes is entirely at the Client's own risk.

16.4 Data Destruction Post-Election

Upon completion of an election project, all election-related data — including stream recordings, booth-level data, login records, and dashboard configurations — shall be destroyed or returned as instructed by the competent authority or as mutually agreed, subject to any statutory retention obligations.

16.5 Administrative Tools

Any feature enabling operators to mark a booth or stream as "online," "active," or in any other status is an administrative tool only. The Client is solely responsible for its correct and lawful use. Streamonweb shall not be liable for any misuse of such features or consequences arising from inaccurate status reporting.

17. Mobile Application Specific Terms

Where Streamonweb builds or delivers a mobile application (Android or iOS) for the Client:

• All IP rights in the mobile application vest exclusively in Streamonweb (Section 4);
• App store listings and publication on Google Play Store or Apple App Store shall be managed as agreed in writing. Developer account fees and compliance with app store policies are the Client's responsibility unless expressly included in the service agreement;
• Streamonweb does not guarantee app store approval, as approval decisions are solely at the discretion of the respective platforms;
• OS updates (Android/iOS) or app store policy changes may require application updates; such development work is subject to Streamonweb's prevailing fees at the time;
• The Client shall not upload, republish, or redistribute the mobile application through any channel not authorised by Streamonweb in writing;
• Streamonweb is not responsible for user ratings, reviews, download counts, or any app store regulatory action arising from the Client's content or misuse.

18. Beta and Trial Services

Streamonweb may at its sole discretion offer certain Services or features on a trial, beta, pilot, or proof-of-concept basis ("Trial Services"):

• Trial Services are provided "as is" without any warranty or SLA of any kind and may be modified, suspended, or discontinued at any time without notice;
• Features available during a trial are not guaranteed to be available in the production or paid version;
• Data created or stored during a trial period may be deleted upon expiry without notice;
• The Client shall not rely on Trial Services for mission-critical, production, or live events without prior written confirmation from Streamonweb;
• All provisions of these Terms — including IP, liability, and confidentiality — apply in full to Trial Services.

19. Age Restriction

Streamonweb's Services and website are not intended for persons under the age of 18 years in India. By using the Services or accepting these Terms, the Client represents and warrants that it is at least 18 years of age (or the legal age of majority in the applicable jurisdiction) and has full legal capacity to enter into a binding contract.

Where the Client's end-user platform serves audiences that may include minors, the Client is solely responsible for implementing appropriate age verification mechanisms and for complying with all applicable child protection laws, including the POCSO Act, 2012 and the DPDPA 2023 provisions relating to children's data. Streamonweb shall have no liability for the Client's failure to implement such measures.

20. Disclaimer of Warranties

THE SERVICES AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable Indian law, Streamonweb expressly disclaims all warranties, including but not limited to:

• Any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement;
• Any warranty that the Services will meet the Client's specific requirements or expectations;
• Any warranty that the Services will be uninterrupted, timely, secure, error-free, or free from viruses or harmful components;
• Any warranty regarding the accuracy, reliability, completeness, or suitability of any content, data, or output produced through the Services;
• Any warranty that defects or errors in the Services will be corrected within any specific timeframe;
• Any warranty regarding the performance of third-party CDN or infrastructure providers used in delivering the Services.

No advice, statement, or information — whether oral or written — provided by Streamonweb or its employees, agents, or representatives shall create any warranty not expressly stated in these Terms. The Client assumes all risk and responsibility for selecting the Services to achieve its intended results.

21. Limitation of Liability

To the maximum extent permitted by applicable Indian law:

• Streamonweb's total aggregate liability to the Client — whether arising in contract, tort, negligence, breach of statutory duty, or otherwise — shall not exceed the total fees paid by the Client to Streamonweb in the three (3) calendar months immediately preceding the event giving rise to the claim;
• Streamonweb shall not be liable under any circumstances for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, revenue, data, business opportunity, reputational harm, loss of viewership, advertisement revenue, or business interruption — even if advised of the possibility of such damages;
• Streamonweb shall not be liable for any loss resulting from force majeure events, internet failures, third-party CDN outages, DDoS attacks, acts of government, court orders, or any circumstance beyond its reasonable control;
• Streamonweb shall not be liable for any loss arising from the Client's failure to maintain secure credentials, the Client's technical errors, or content broadcast by the Client;
• Streamonweb shall not be liable for any election results, political consequences, or administrative decisions associated with Election Services.

These limitations reflect a fair allocation of risk between the parties and shall apply notwithstanding any failure of essential purpose of any limited remedy.

22. Indemnification

The Client agrees to fully, unconditionally, and irrevocably indemnify, defend, and hold harmless Streamonweb, its directors, shareholders, employees, officers, agents, sub-contractors, and assigns from and against any and all claims, demands, investigations, proceedings, losses, damages, costs, penalties, fines, and expenses (including reasonable legal fees) arising out of or relating to:

• The Client's use or misuse of the Services or Platform;
• Any Content streamed, transmitted, stored, or hosted by the Client;
• The Client's breach of any representation, warranty, or obligation under this Agreement;
• Infringement of any third-party intellectual property, privacy, or any other legal right by the Client;
• Any claim by the Client's end-users, viewers, or participants relating to services or content provided through the Client's use of the Platform;
• Any regulatory action, notice, fine, penalty, or proceeding initiated by any authority — CERT-In, TRAI, MIB, ECI, or any other — against Streamonweb as a consequence of the Client's actions or content;
• The Client's violation of any applicable law, regulation, or court/tribunal order;
• Any false or misleading representation made by the Client about Streamonweb to any third party.

This indemnification obligation shall survive termination or expiry of this Agreement.

23. Anti-Corruption and Anti-Bribery

Both parties agree to conduct all activities in connection with this Agreement in full compliance with all applicable anti-corruption and anti-bribery laws, including the Prevention of Corruption Act, 1988 (as amended in 2018), the Bharatiya Nyaya Sanhita, 2023, and any applicable regulations issued by the Central Vigilance Commission (CVC).

Neither party shall, directly or indirectly: offer, promise, give, or authorise any bribe, kickback, undue advantage, or improper benefit — in money or kind — to any public servant, government official, election official, or any other person to obtain or retain business or secure any improper advantage in connection with this Agreement; engage in any conduct constituting an offence under the Prevention of Corruption Act, 1988; or make any facilitation payments in connection with election-related services.

Any breach of this Section is a material breach entitling the non-breaching party to immediately terminate the Agreement and seek all remedies available under Indian law.

24. Non-Solicitation

During the term of this Agreement and for two (2) years following its termination or expiry, the Client shall not, directly or indirectly: solicit, recruit, induce, or attempt to induce any employee, contractor, or technical resource of Streamonweb to leave their engagement with Streamonweb; or engage or hire any current or former Streamonweb employee or contractor who was involved in providing Services to the Client, without Streamonweb's prior written consent.

A breach of this clause shall entitle Streamonweb to claim liquidated damages equal to six (6) months' gross compensation of the solicited individual, which the parties agree is a reasonable pre-estimate of the loss, as well as any other remedies under Indian law.

25. Publicity and Reference

The Client grants Streamonweb the non-exclusive right to identify the Client by name and logo in Streamonweb's client lists, portfolio, website, marketing materials, case studies, presentations, and tender documents; to describe in general terms the nature of Services provided (without disclosing confidential pricing or proprietary details); and to use the Client's name as a reference in sales discussions with prospective clients.

If the Client objects to any specific use of its name or logo, it must notify Streamonweb in writing, and Streamonweb will remove the reference within a reasonable timeframe. This Section does not permit disclosure of the Client's Confidential Information or any representation constituting an endorsement by the Client.

26. Confidentiality

Each party agrees to keep strictly confidential all Confidential Information of the other party. Each party shall: use the other party's Confidential Information solely for purposes of this Agreement; not disclose it to any third party without prior written consent, except to employees or contractors who need to know and are bound by equivalent confidentiality obligations; and protect it with at least the same care used for its own confidential information, and no less than reasonable care.

The Client shall not disclose Streamonweb's pricing structure, technical architecture, platform capabilities, streaming configurations, API details, or any other non-public information to any third party — including competitors of Streamonweb.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was rightfully known before disclosure; (c) is independently developed without use of Confidential Information; or (d) must be disclosed under applicable law or court order — with maximum permissible prior notice given to the disclosing party.

Confidentiality obligations shall survive termination of this Agreement for five (5) years.

27. Force Majeure

Streamonweb shall not be liable for any failure or delay caused by circumstances beyond its reasonable control ("Force Majeure Event"), including: acts of God, floods, fire, earthquakes, cyclones, lightning, pandemic, epidemic, war, armed conflict, terrorist attacks, civil unrest, riots, sabotage, actions of government or regulatory authorities, court orders, internet backbone failures, power grid failures, undersea cable cuts, or natural disasters.

Upon a Force Majeure Event: Streamonweb shall notify the Client at the earliest practicable opportunity; Streamonweb's obligations are suspended for the duration; Streamonweb shall resume services as soon as reasonably practicable after the event ceases. If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate the affected Services upon written notice, without liability, subject to payment for Services already delivered.

28. Amendments to Terms

Streamonweb reserves the absolute and unconditional right to modify, revise, update, replace, supplement, or amend any part of these Legal Terms & Conditions at any time, at its sole discretion, without prior notice to the Client.

Amended terms take effect immediately upon publication at www.streamonweb.com/legal or upon communication to the Client by any means — whichever is earlier.

It is the sole responsibility of the Client to periodically review these Terms. The Client's continued use of Services after any amendment constitutes unqualified, unconditional, binding acceptance of the revised Terms. No individual notification of any amendment shall be required to make the revised Terms binding on the Client. The Client waives any right to require individual notification as a condition of enforceability.

If the Client does not accept any amendment, it must immediately discontinue all Services and notify Streamonweb as per Section 7.3. Failure to do so constitutes acceptance.

29. Assignment

The Client may not assign, novate, transfer, sub-contract, charge, or otherwise deal with any rights or obligations under this Agreement to any third party without Streamonweb's prior written consent. Any purported assignment without consent shall be void.

Streamonweb reserves the right, at any time and without the Client's consent, to assign, novate, or transfer its rights and obligations — in whole or in part — to any affiliated company, subsidiary, holding company, successor entity, acquirer, or any entity resulting from a merger or restructuring. Streamonweb shall notify the Client of any such assignment.

30. Severability

If any provision of these Terms is found by any court or arbitral tribunal of competent jurisdiction to be invalid, unlawful, void, or unenforceable, that provision shall be deemed severed and modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions shall continue in full force and effect and shall not be affected by the severance.

31. Waiver

Streamonweb's failure to enforce, or delay in enforcing, any right or provision on any occasion shall not constitute a waiver. No waiver by Streamonweb shall be effective unless expressly stated in writing and signed by a duly authorised representative of Streamonweb. A waiver of any breach shall not constitute a waiver of any subsequent breach.

32. Entire Agreement

These Terms constitute the entire and complete agreement between the parties with respect to the subject matter hereof and are binding on their own, independently and without the need for any other document. These Terms are not conditional upon, and do not require, the existence of any Memorandum of Understanding (MOU), Service Level Agreement (SLA), Master Service Agreement (MSA), contract, work order, purchase order, letter of intent, or any other signed or unsigned document of any kind. These Terms supersede all prior understandings, negotiations, representations, warranties, proposals, or agreements — whether oral or written — relating to the same subject matter.

Where any service proposal, order form, invoice, quotation acceptance, or separately executed written agreement also exists between the parties, such document shall be read together with and as supplementary to these Terms. In the event of any conflict between these Terms and a separately executed written service agreement signed by authorised representatives of both parties, the separately executed agreement shall prevail solely to the extent of the specific conflict, and these Terms shall continue to govern in all other respects.

No representation, statement, or promise made by any Streamonweb employee, agent, or representative outside of what is expressly stated in this Agreement shall be binding on Streamonweb.

33. Governing Law

These Terms and all disputes arising in connection with this Agreement shall be governed exclusively by, and construed in accordance with, the laws of the Republic of India, including but not limited to:

• The Indian Contract Act, 1872  |  The Specific Relief Act, 1963
• The Information Technology Act, 2000 (as amended)  |  IT Rules 2021
• The Copyright Act, 1957  |  The Trade Marks Act, 1999  |  The Patents Act, 1970  |  The Designs Act, 2000
• The Digital Personal Data Protection Act, 2023  |  DPDP Rules, 2025
• The Consumer Protection Act, 2019
• The Prevention of Corruption Act, 1988 (as amended)
• The Arbitration and Conciliation Act, 1996 (as amended)
• The Representation of the People Act, 1951 (for Election Services)
• The Bharatiya Nyaya Sanhita, 2023
• Any other applicable statute, rule, or regulation of the Government of India or the State of Haryana

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. All dispute proceedings and communications shall be conducted in English.

34. Jurisdiction and Dispute Resolution

34.1 Exclusive Jurisdiction

Subject to the arbitration clause below, the parties irrevocably agree and unconditionally submit to the exclusive jurisdiction of the Courts at Gurugram, Haryana, India. No other court in India or outside India shall have jurisdiction to entertain any dispute arising under or relating to this Agreement.

34.2 Mandatory Pre-Dispute Negotiation

Before initiating arbitration or legal proceedings, the aggrieved party shall deliver written notice describing the dispute in reasonable detail. The parties shall undertake good faith negotiations for thirty (30) days from that notice to resolve the dispute amicably. This negotiation period is a condition precedent to arbitration.

34.3 Binding Arbitration

If the dispute is not resolved through negotiation within thirty (30) days, it shall be finally and exclusively resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended by the 2021 Amendment Act):

• Arbitrator: A sole arbitrator mutually appointed by the parties. If no agreement within fifteen (15) days, appointed by the High Court of Punjab & Haryana under the Act;
• Seat and Venue: Gurugram, Haryana, India;
• Language: English;
• Award: Final and binding on both parties, enforceable in any court of competent jurisdiction;
• Costs: Each party bears its own costs unless the arbitral tribunal otherwise directs.

34.4 Emergency and Injunctive Relief

Nothing in this Section prevents Streamonweb from seeking urgent interim measures, injunctive relief, or other equitable remedies from the District Courts or High Court of Punjab & Haryana to protect its intellectual property, trade secrets, confidential information, or to prevent irreparable harm, pending constitution of the arbitral tribunal.

35. Grievance Redressal

In compliance with the Information Technology Act, 2000, the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Consumer Protection Act, 2019, a Grievance Officer has been designated:

If the Client is not satisfied with the resolution, it may escalate through the dispute resolution mechanism under Section 34, or approach the appropriate forum under the Consumer Protection Act, 2019 or the Data Protection Board of India (once established under DPDPA 2023).

36. Notices

All legal notices required or permitted under these Terms shall be in writing in English and delivered by: registered post or speed post with acknowledgement due; email to the last known email address with delivery/read receipt requested; or reputed courier with proof of delivery.

Notices shall be deemed received: (a) on the date of delivery if by courier or registered post; or (b) on the date of transmission if by email with no delivery failure within 24 hours.

Notices to Streamonweb shall be addressed to:
Streamonweb (STREAMONWEB.COM)
Email: legal@streamonweb.com
Website: www.streamonweb.com/contact-us

It is the Client's responsibility to ensure Streamonweb has the Client's current, accurate email and postal address at all times. Streamonweb shall not be liable for any notice that fails to reach the Client due to outdated contact information provided by the Client.