Welcome to System73!
Thank you for using the System73 Edge Analytics Service (collectively, the “Service”).
The Service allows you to get insights on the performance and quality of experience of your video streaming across the world, allowing you to see your audience consumption patterns and identify strengths and opportunities across multiple dimensions. Detailed information about the service is available via the documentation pages in the System73 main webpage as well as the management portal.
To protect your System73 account, keep your password confidential. You should not reuse your System73 account password on third-party applications.
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.
You may access and use the Service as made available to you so long as you comply with this Agreement and the law.
The following restrictions apply to your use of the Service. You are not allowed to:
1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service except: (a) as specifically permitted by the Service; or (b) as permitted by applicable law;
2. circumvent, disable, fraudulently engage or otherwise interfere with the Service (or attempt to do any of these things); or
3. collect or use any information that might identify a person (for example, harvesting usernames or faces), unless permitted by that person.
Any right not expressly granted to you in this Agreement remains the right of System73 or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights (including any branding used on or displayed in the Service).
System73 is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Since the Service requires downloadable software, that software may update automatically once a new version or feature is available. If we make material changes that negatively impact your use of the Service or if we stop offering any part of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
Terminations by You
You may stop using the Service at any time. You can also delete the Service at any time.
Terminations and Suspensions by System73
System73 reserves the right to suspend or terminate the Service.
Notice for Termination or Suspension
System73 will provide you with one year advance notice of termination or suspension unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, System73 or our Affiliates.## About Software in our Service
Downloadable Software
System73 gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by System73 as part of the Service. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by System73 in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions, or you have System73’s written permission.
Open Source
Some software used in our Service may be offered under an open source licence. There may be provisions in an open source licence that expressly override some of these terms. If so, we will make that open source licence available to you.
Other Legal Terms
Warranty
We provide the Service with reasonable care and skill.
Disclaimer
By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, System73 does not make any specific promises about the Service. For example, we don’t make any promises about the specific features of the Service, or its accuracy, reliability, availability or ability to meet your needs.
Limitation of Liability
All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for death or personal injury; fraud; fraudulent misrepresentation or any liability that cannot be excluded or limited by law.
To the extent permitted by applicable law, System73 and its Affiliates will not be responsible for:
1. losses that were not caused by System73’s or its Affiliates’ breach of this Agreement;
2. any loss or damage that was not, at the time that this Agreement was formed between you and System73, a reasonably foreseeable consequence of System73 or its Affiliates breaching this Agreement;
3. System73 and its Affiliates will not be responsible for lost profits, revenues or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and
4. System73 and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to €10,000.
About this Agreement
Changing this Agreement
We may change this Agreement, for example, to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory or security reasons or (3) to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes except (1) when we launch a new product or feature or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should stop using the Service.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
Assignment
System73 may transfer all or part of this Agreement to an Affiliate or, if System73 is sold, to a third party.
No Waiver
If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).
Governing Law
Services shall be governed and construed in accordance with the laws of Malta.
Effective September 1, 2022