Terms of Service
Provider
Dennis Senske
StreamRelay
c/o COCENTER
Koppoldstr. 1
86551 Aichach
Deutschland
E-Mail: support@stream-relay.de
Kleinunternehmer im Sinne von § 19 UStG
1. Scope
These Terms of Service apply to all contracts concerning the use of StreamRelay’s streaming and ingest services, in particular SRT and RTMP endpoints, the related dashboard, as well as additional purchasable endpoints and other add-on services.
The provider is Dennis Senske, operating under StreamRelay, a German sole proprietorship. Any individual agreement made in a specific case takes precedence over these Terms.
These Terms apply to both business customers and consumers. Mandatory consumer protection rules remain unaffected and prevail where required by law.
Where consumer contracts for digital products or digital services are concerned, §§ 327 et seq. BGB additionally apply, in particular regarding provision, conformity, and updates.
2. Subject Matter
StreamRelay provides digital ingest services. The core service includes an active Core plan with one or more SRT/RTMP endpoints as well as optionally purchasable additional endpoints.
The service is intended to receive incoming audio and video streams and manage them through the dashboard. The scope, technical features, and available functionality are determined by the service description on the website and the respective order.
StreamRelay may extend the service with further ingest, streaming, and processing features, in particular additional stream servers, recording functions, the forwarding of streams to third-party platforms chosen by the customer (e.g. Twitch or YouTube), and supplementary add-on services. Such services may be offered both on a subscription basis and on a usage-based (pay-as-you-go) basis. Which of these services are available, and on what terms, follows from the service description and the respective order process; they only become part of the contract once the customer expressly selects them.
No right to future features, product names, or integrations exists unless expressly agreed as part of the contract.
StreamRelay may provide individual features temporarily as a free test or beta phase. Such features are marked as test or beta. They may be changed, restricted, or discontinued at any time and without prior notice and do not give rise to any claim to permanent, unchanged, or permanently free provision. The conversion of a previously free feature into a paid service takes effect for the future only and only if the customer expressly books it as a paid service during the order process; without such express booking, no payment obligation arises, and the feature may cease to be available to the customer.
3. Contract Formation and Account
The presentation of services on the website does not constitute a legally binding offer, but rather an invitation for the customer to submit an offer.
The contract is formed once the customer completes the order and StreamRelay accepts it or technically activates the service. An account is required for use; sign-in is also possible via single sign-on with Google or Twitch.
An account and a paid subscription are independent of each other. Taking out a subscription requires an account; however, an account may also exist without an active subscription. The customer may take out a subscription at any time and book again after it ends, without the account having to be deleted or recreated for this purpose.
The customer must be of legal age (at least 18 years old) and have unlimited legal capacity, as the subscription establishes a paid continuing obligation. The customer must provide complete and accurate registration details, keep login credentials – including connected Google or Twitch logins – confidential, and not pass them on to third parties. StreamRelay reserves the right to refuse registrations without giving reasons.
4. Prices and Billing
Billing is monthly in advance based on the then-current price. Additional endpoints are billed monthly as long as an active Core plan exists. Prices are gross prices; no VAT is shown (small-business rule pursuant to § 19 UStG).
Additional endpoints cannot exist independently on a permanent basis. They require an active Core plan and end automatically when the underlying Core plan ends.
Payment processing is handled through Stripe. Available payment methods are shown during checkout. Invoices are generated by Stripe and made available in the Stripe customer portal; StreamRelay does not issue separate invoices.
If a renewal payment fails, the customer is notified by email. StreamRelay reserves the right, in the event of payment default, to deactivate or remove the booked services, in particular the ingest endpoints, with immediate effect, and to terminate the contract for cause subject to the statutory requirements (in particular § 314 BGB). No prior grace period is required for this. The customer’s account and stored data remain unaffected by the deactivation of the services; once the outstanding payment has been settled, the services may be reactivated. The account continues to exist even after the subscription ends, until the customer deletes it; the customer may book a paid subscription again at any time.
The price agreed for the current billing period is fixed; a price change never affects a period that has already been paid for. StreamRelay may change the price for future billing periods and will announce any such change by email at least 30 days before the start of the affected billing period. The changed price applies only if the customer does not terminate the contract, with effect at the end of the current billing period, before the change takes effect; the option to terminate is stated separately in the announcement.
Where a service is offered not on a subscription basis but on a usage-based (pay-as-you-go) basis and selected by the customer, it is billed according to actual usage. The units and prices stated in the respective order process or service description are decisive for billing (e.g. per transmitted data volume, streaming duration, or recording). StreamRelay records usage with customary technical care; the recorded usage is the basis for billing. Billing takes place in arrears for the respective elapsed billing period or upon reaching a threshold amount and is due upon invoicing via Stripe. The applicable prices are shown transparently before booking; where offered, the customer may cap costs via usage or cost limits. Usage-based services require an active Core plan and end together with it.
5. Term, Renewal and Termination
The contract runs for the selected billing period and renews automatically for another month unless terminated. StreamRelay informs consumers in accordance with § 312k BGB, in good time before each automatic renewal, in text form about the upcoming renewal and the amount due.
The customer may terminate the contract at any time with effect at the end of the current billing period. Termination shortly before expiry is sufficient as long as it is received before the next renewal point. Termination may be submitted via the dashboard’s cancellation tool or the statutory cancellation button, or in text form.
When the Core plan ends, all associated additional endpoints and related services end as well. They do not continue separately.
Usage-based (pay-as-you-go) services have no fixed term and do not renew automatically. They run until the customer ends them via the dashboard or terminates the underlying Core plan; usage already incurred but not yet billed becomes due with the next invoice. With purely usage-based billing, no fee accrues for unused periods, so the question of a pro-rata refund does not arise in that respect.
StreamRelay may further develop the scope of services during the ongoing contract and may change, replace, restrict, or discontinue individual features, for example to develop the service technically, to bundle or adjust features, or to ensure economically viable operation. The agreed core service (receiving incoming streams via an active Core plan and managing them through the dashboard) remains unaffected by this. Features marked as test or beta, as well as optional add-on features, may be changed or discontinued at any time and without prior notice.
If such a change results in more than an insignificant impairment of the paid service booked by the customer, StreamRelay will notify the customer in text form in good time before it takes effect. In this case, the customer may terminate the contract for cause with effect as of the time the change takes effect (special right of termination); this right and the deadline are pointed out separately in the notice. If the customer exercises the special right of termination, fees already paid for periods after the termination takes effect are refunded pro rata. If the customer does not terminate, the change is deemed accepted once it takes effect; this is pointed out separately in the notice.
Outside a withdrawal, there is no claim to a pro-rata refund of fees already paid for the current billing period in the event of mid-period termination. Statutory warranty and withdrawal rights remain unaffected.
6. Right of Withdrawal and Immediate Performance
Consumers have a statutory right of withdrawal. Details are set out in the separate withdrawal notice.
As the ingest service grants immediate access to a digital service, the customer expressly consents during checkout that StreamRelay begins performance of the contract before the withdrawal period expires, and acknowledges that the right of withdrawal lapses as soon as StreamRelay has begun performance – i.e. the activation and provision of the ingest endpoint (§ 356(5) BGB). This consent is obtained via a separate checkbox during checkout.
If the customer withdraws before performance is complete, StreamRelay may charge a reasonable amount for the part already provided. For subscription-based services, this amount is calculated pro rata over time; for usage-based (pay-as-you-go) services, it is calculated based on the usage actually drawn until withdrawal at the agreed prices.
7. Service Delivery and Availability
StreamRelay provides the services with reasonable technical and operational care. Any guaranteed minimum availability exists only if expressly agreed as a service level.
StreamRelay operates its infrastructure at professional data center locations within the EU with the aim of high availability. Specific availability figures of individual infrastructure providers are external statements and not an independent guarantee by StreamRelay unless explicitly agreed otherwise.
Maintenance is performed with minimal interruption where possible. If needed, scheduled maintenance windows, draining, and migrations are permitted when required for technical operation and reasonably managed. StreamRelay may relocate the server location within the EU/EEA, provided the agreed core service is maintained.
StreamRelay is not liable for disruptions outside its own sphere of control, in particular force majeure or disruptions at third parties (e.g. payment providers, bot-protection providers, or upstream platforms such as Twitch or YouTube).
Where consumer contracts for digital products or digital services are concerned, StreamRelay provides, during the relevant period, the updates necessary to maintain conformity, to the extent legally required.
8. Customer Duties and Acceptable Use
The customer is responsible for using endpoints, streams, credentials, and content lawfully and for complying with applicable law. The customer is solely responsible for all content transmitted or streamed via the ingest service.
Prohibited in particular is the transmission of content that violates applicable law, infringes third-party rights (especially copyright), or is offensive, discriminatory, pornographic, extremist, or glorifies violence, as well as sending spam or malicious code. StreamRelay is not obliged to review customer content.
Also prohibited are abuse, the circumvention of plan, rate, or technical limits by technical means, the automated overloading or disruption of the infrastructure, and the resale, white-labeling, sublicensing, or transfer of endpoints, stream keys, or credentials to third parties. Any transfer of the contract by the customer requires StreamRelay’s consent.
In the event of violations of these usage rules, exceptional load, suspected abuse, or security risks, StreamRelay may, at its own discretion and to an extent proportionate to the severity of the violation, take one or more of the following measures: remove or block content, deactivate or reset individual endpoints or stream keys, suspend access temporarily or permanently, review the case individually, terminate the contract for cause, and assert claims for damages.
For remediable, non-serious violations, StreamRelay will generally first request the customer to remedy the violation within a reasonable period. However, no prior request, warning, or advance notice is required where awaiting it is unreasonable for StreamRelay, in particular in the case of serious or manifestly unlawful content, danger to the security, availability, or integrity of the infrastructure, imminent legal disadvantages for StreamRelay or third parties, or repeated violations. In such cases, StreamRelay is entitled to suspend or remove the affected services with immediate effect and without prior notice.
A justified suspension, removal, or termination due to a violation for which the customer is responsible does not give rise to any claim for a refund of fees already paid for the current billing period, nor to any claim for damages against StreamRelay. The customer is responsible for backing up their own content and data; in the event of a suspension or removal, StreamRelay owes no retention, surrender, or restoration of suspended or removed content.
9. Indemnification
The customer indemnifies StreamRelay against third-party claims asserted on account of a culpable breach of the customer’s obligations attributable to the customer, in particular on account of unlawful content transmitted by the customer via the ingest service or an unlawful use of the service. The indemnification also covers the reasonable costs of necessary legal defense. It does not apply to the extent the customer is not responsible for the breach of duty.
StreamRelay will inform the customer of any asserted claims without undue delay, give the customer the opportunity to defend against the claims, and will not settle without the customer’s consent. The customer will in turn inform StreamRelay without undue delay if third parties assert such claims against the customer.
10. Support and Technical Limits
Support is provided within the normal scope by email or via the dashboard. No guaranteed response time applies unless expressly agreed.
Issues caused by third-party systems, internet connections, client devices, encoders, apps, or external providers are not solely the responsibility of StreamRelay.
Technical changes to the platform, including migrations or infrastructure adjustments, are permitted as long as the agreed core service remains available.
11. Intellectual Property
All rights in the platform, the software, and the content provided by StreamRelay remain with StreamRelay or the respective rights holders.
For the duration of the contract, the customer receives a simple, non-transferable right to use the service as agreed. Rights in the content transmitted by the customer remain with the customer; the customer grants StreamRelay the technically required use of such content necessary to perform the contract.
12. Liability
StreamRelay is fully liable for intent, gross negligence, and injury to life, body, or health.
For ordinary negligence, StreamRelay is liable only for breach of essential contractual obligations (cardinal obligations) and only for the foreseeable damage typical for this type of contract.
Otherwise, liability is excluded to the extent permitted by law. Liability under the Product Liability Act remains unaffected.
Where technical requirements are relevant to the conformity of digital services (e.g. supported encoders and protocols such as SRT and RTMP, sufficient upload bandwidth, and a current browser for the dashboard), the customer is informed of these. The statutory presumption under § 327k BGB does not apply where a lack of conformity is due to an unsuitable digital environment of the customer.
13. Data, Third Parties and Privacy
For payment processing, servers, dashboard, and email delivery, service providers are used, in particular Stripe (payments), Hetzner, IP-Projects and Netcup (hosting), and Scaleway (email delivery). The processing of personal data is governed by the Privacy Policy. Where service providers act as processors, agreements under Article 28 GDPR are in place; individual providers such as Stripe act partly as independent controllers.
The customer remains responsible for the content of their streams and for the legality of the data they process.
14. Discontinuation of the Service
StreamRelay may discontinue the service in whole or in part. A discontinuation will be announced to existing customers with reasonable notice, as a rule at least 90 days in advance.
For prepaid services no longer provided after discontinuation, a pro-rata refund will be made. The customer will be granted a reasonable period to back up their configurations or data.
15. Transfer of the Contractual Relationship
StreamRelay is entitled to transfer the contractual relationship to a successor as part of a transfer of the business operation. In this case, the customer has a special right of termination.
16. Changes to these Terms
StreamRelay reserves the right to amend these Terms where necessary and where this does not unreasonably disadvantage the customer. Changes will be communicated to the customer in text form at least 30 days before they take effect.
If the customer does not object within 30 days of receiving the notice, the amended Terms are deemed accepted. The notice of change will separately point out the right to object and the consequences of remaining silent. In the event of an objection, either party may terminate the contractual relationship as of the planned effective date of the change.
Excluded from this deemed-acceptance mechanism are changes to the main contractual obligations, the price, and the subject matter of the contract; such changes require the customer’s express consent. Price changes are governed exclusively by Section 4; changes to and discontinuation of individual features, as well as impairments of the booked service, are governed exclusively by Section 5, and by Section 2 for test and beta features.
17. Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this applies only to the extent mandatory consumer protection rules do not provide otherwise.
If the customer is a merchant, legal entity under public law, or special fund under public law, the place of jurisdiction is the provider’s registered office, insofar as legally permitted.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
If any provision is invalid, the validity of the remaining provisions remains unaffected.