Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and FalconAxis Technologies, Inc. ("FalconAxis," "we," "us," or "our") governing your use of our enterprise IPTV technology platform, services, and website.

By accessing, using, or registering for our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use our services.

These Terms apply to all users of our services, including:

• Enterprise clients and their authorized users
• Trial and evaluation users
• Website visitors and prospective customers
• Third-party integrators and partners

2. Description of Services

FalconAxis provides enterprise-grade IPTV technology solutions, including but not limited to:

2.1 Core Platform Services

• Video streaming infrastructure and content delivery networks
• Live broadcasting and on-demand video services
• Video management and encoding systems
• Analytics and reporting tools
• User management and access control systems

2.2 Professional Services

• System integration and custom development
• Technical consulting and architecture design
• Implementation and deployment services
• Training and documentation
• Ongoing technical support and maintenance

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with appropriate notice to customers. We will make reasonable efforts to provide 30 days' advance notice for material changes that affect existing service functionality.

3. User Eligibility

To use our services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the authority to enter into binding agreements on behalf of your organization
• Provide accurate and complete information during registration
• Comply with all applicable laws and regulations
• Not be prohibited from using our services under applicable law

3.1 Corporate Authorization

If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms and that your organization agrees to be bound by these Terms.

4. User Accounts and Security

4.1 Account Creation

To access certain features of our services, you must create an account by providing accurate, current, and complete information. You agree to update your account information to maintain its accuracy.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Implementing appropriate security measures (e.g., strong passwords, multi-factor authentication)
• Immediately notifying us of any unauthorized use or security breaches

4.3 Account Restrictions

You may not:

• Share account credentials with unauthorized parties
• Create accounts through automated means or false information
• Use another person's account without permission
• Circumvent account-based restrictions or security measures

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our services for legitimate business purposes in accordance with these Terms and applicable law. This includes corporate communications, training, education, and other lawful streaming activities.

5.2 Prohibited Activities

You agree not to use our services to:

• Violate any applicable laws, regulations, or third-party rights
• Stream copyrighted content without proper authorization
• Distribute harmful, illegal, or inappropriate content
• Engage in unauthorized access or security breaches
• Interfere with the operation of our services or networks
• Use our services for any illegal or fraudulent purpose
• Reverse engineer or attempt to extract source code
• Resell or redistribute our services without authorization

5.3 Content Responsibility

You are solely responsible for all content you upload, stream, or distribute through our services. You warrant that you have all necessary rights and permissions for such content and that it does not violate any laws or third-party rights.

5.4 Enforcement

We reserve the right to investigate violations of this Acceptable Use Policy and take appropriate action, including account suspension, content removal, or service termination.

6. Intellectual Property Rights

6.1 FalconAxis IP

All intellectual property rights in our services, including software, technology, trademarks, and documentation, are owned by FalconAxis or our licensors. These Terms grant you only a limited, non-exclusive, non-transferable license to use our services as permitted.

6.2 Customer Content

You retain ownership of your content. By using our services, you grant us a limited license to process, store, and transmit your content as necessary to provide our services. This license terminates when you remove content or terminate your account.

6.3 Feedback and Suggestions

Any feedback, suggestions, or improvements you provide regarding our services may be used by FalconAxis without restriction or compensation to you.

6.4 Copyright Protection

We respect intellectual property rights and expect our users to do the same. We will respond to valid copyright infringement notices in accordance with the Digital Millennium Copyright Act (DMCA) and applicable law.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.1 Data Processing

By using our services, you consent to our processing of your data as described in our Privacy Policy. For enterprise customers, separate Data Processing Agreements may apply.

7.2 Data Security

We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security assessments. However, no system is completely secure, and you acknowledge the inherent risks of data transmission.

7.3 International Transfers

Our services may involve international data transfers. We ensure appropriate safeguards are in place for such transfers in compliance with applicable data protection laws.

8. Payment Terms and Billing

8.1 Subscription Fees

Payment terms are specified in your service agreement or order form. Unless otherwise agreed, fees are due in advance and are non-refundable except as required by law or explicitly stated in your agreement.

8.2 Payment Methods

We accept payment by credit card, wire transfer, and other methods as specified in your agreement. You authorize us to charge the specified payment method for all applicable fees.

8.3 Late Payment

Late payments may result in service suspension or termination. We may charge interest on overdue amounts at the rate of 1.5% per month or the maximum permitted by law, whichever is lower.

8.4 Tax Responsibilities

You are responsible for all applicable taxes related to your use of our services, except for taxes based on our income.

9. Termination

9.1 Termination by Customer

You may terminate your account at any time by providing written notice as specified in your service agreement. Termination does not excuse payment of outstanding fees.

9.2 Termination by FalconAxis

We may terminate or suspend your access to our services immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your account becomes delinquent
• We reasonably believe termination is necessary to protect our systems or other users
• Required by law or court order

9.3 Effect of Termination

Upon termination:

• Your access to our services will cease
• You remain liable for all fees incurred prior to termination
• We will delete your data in accordance with our data retention policies
• Surviving provisions of these Terms will remain in effect

10. Disclaimers and Warranties

10.1 Service Availability

While we strive for high availability, our services are provided "as is" and "as available." We do not guarantee uninterrupted or error-free service operation.

10.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FALCONAXIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3 Third-Party Services

Our services may integrate with third-party platforms or services. We are not responsible for the availability, functionality, or security of such third-party services.

10.4 Service Level Agreements

Specific service level commitments, if any, are set forth in separate service level agreements and do not modify the disclaimers in this section.

11. Limitation of Liability

11.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FALCONAXIS'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO FALCONAXIS IN THE 12 MONTHS PRECEDING THE CLAIM.

11.2 Exclusion of Consequential Damages

IN NO EVENT SHALL FALCONAXIS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

11.3 Exceptions

The limitations in this section do not apply to:

• Gross negligence or willful misconduct by FalconAxis
• Violations of intellectual property rights
• Death or personal injury caused by our negligence
• Liabilities that cannot be limited under applicable law

12. Indemnification

You agree to indemnify, defend, and hold harmless FalconAxis and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from:

• Your use of our services in violation of these Terms
• Your content or data processed through our services
• Your violation of any law or third-party rights
• Your negligence or willful misconduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with our defense of such claim.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms will be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may seek injunctive relief in court for intellectual property violations.

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

13.4 Jurisdiction

For any matters not subject to arbitration, the federal and state courts located in Santa Clara County, California shall have exclusive jurisdiction.

14. Changes to Terms

We may modify these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will:

• Post updated Terms on our website
• Update the "Last updated" date
• Provide 30 days' advance notice for material changes
• Notify enterprise customers via email or account notifications

Your continued use of our services after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using our services.

15. Contact Information

For questions about these Terms or legal matters, please contact us: