Terms of service
Terms of service updates
XLbroadcaster reserves the right to update and change the Terms of Service at any time without notice. All new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to said changes. The Terms of Service set forth the entire understanding between you and XLbroadcaster as to the Service, and supersedes any prior agreements between you and XLbroadcaster (including, but not limited to, prior versions of the Terms of Service).
Our services allow Customer to broadcast data from/to an Excel spreadsheet, an API or any other system and programming languages to/from another Excel spreadsheet, an API or other system and programming languages. We may remove, temporarily halt, modify, and add any and all services without prior notice to you. Your use of the Service, including any content, information, or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service. XLbroadcaster is not responsible for any loss of data nor should it be considered a backup for critical data. Our services include features that allow connection to third party data, web sites, applications and services. XLbroadcaster is not responsible for the data and the use of the products or data provided by third parties nor is it affiliated to any of the third parties. -Personal, Free, Trial Subscriptions XLbroadcaster may offer subscriptions that allow limited use of the service in functionality or duration. Users of these subscriptions may be subject to advertisement, limited functionality, and reduction of services and/or limits in data capacity. These subscriptions can be cancelled at any time and without warning if these Terms are violated. -Paid Subscriptions XLbroadcaster offers paid services that allow use of the Services.
In the course of using the Services, you may submit content to XLbroadcaster (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). These Terms do not give us the right to access, use or distribute your Content unless needed to provide the Service. XLbroadcaster will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the XLbroadcaster privacy policies). XLbroadcaster may disclose your Content when required by law or legal process, but only after XLbroadcaster, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose. Our Services let you share your Content with others via channels, dashboards, data Live Links and other features. We provide you with the tool to broadcast the data but we do not control the Content itself neither the recipients of your Content.
You retain ownership of all of your intellectual property rights in your Content. XLbroadcaster does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms. If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, XLbroadcaster will not be liable for any failure to store, or for loss or corruption of your Content.
XLbroadcaster will process your Content in a manner consistent with industry security standards. XLbroadcaster has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content. If XLbroadcaster becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), XLbroadcaster will take reasonable steps to notify you without undue delay, but in any event within 30 days of becoming aware of the Security Incident. XLbroadcaster will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by XLbroadcaster.
Keep Your Password Secure. If you have been issued an account by us or any of our partners in connection with your use of XLbroadcaster’s Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not XLbroadcaster, are responsible for any activity occurring in your account, whether you authorized that activity or not. If you become aware of any unauthorized access to your account, you should notify XLbroadcaster immediately. Accounts may not be shared and may only be used by one individual per account. Keep Your Details Accurate. XLbroadcaster occasionally sends notices to the email address registered with us or our partners via your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.
You understand that XLbroadcaster uses third party vendors and hosting partners to provide necessary hardware, software, information, networking, storage, and related technology to run the service.
Our services are hosted or rely on the following providers:
OVH 2 Rue Kellermann 59100 Roubaix France
APIfew.com (trademark of Altair Services SAS) 12 rue Vivienne 75002 Paris France.
XLbroadcaster will strive to make the Service available 99.5% of the year but does not warrant to do so. XLbroadcaster will not be responsible for any loss of data, business, revenue or property due to Services lack of availability. Unexpected failures caused by third parties used by our infrastructure as well as any software or service that we connect to do not count towards our service availability metrics.
XLbroadcaster strives to provide support to all Customers within an acceptable amount of time but does not warrant to do so unless otherwise documented via a specific Service Level Agreement contract overriding these all or portions of the Terms. Please use our email address contact @xlbroadcaster.io for any questions you may have.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. Except for paid subscriptions, we reserve the right to terminate your access to the Services if you have not accessed our Services after a certain duration of time. XLbroadcaster will provide you with notice via the email registered with us or via your account before we do so. We are not responsible for proper reception of the email due to spam, rules, firewall or disabling notifications. We reserve the rights to accept or refuse a Customer. We have the sole discretion on whether to allow you to register, renew, change plan, or use our services. To cancel your use of the Services, you must contact XLbroadcaster staff directly via email. Please use email address contact @xlbroadcaster.io. Your Paid subscription will remain in effect until (i) you cancel it, or (ii) it is terminated under these Terms or (iii) payment is not made at the end of each renewal payment cycle. Cancellation of the account is immediate and will result in permanent loss of data. XLbroadcaster is not able to restore the account past a certain duration of time, nor recover any of its data. No credit or refunds will be made in case of a Customer initiated Cancellation prior to the end of the Billing Period/Subscription duration.
Pricing and payment
Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change without notice from us. Having said the above, we will attempt to notify all Customers at least 15 days before via email. Acceptable payment methods are credit cards or any other method made available via the account opening. All other payment methods will be declined and constitute non-payment. You are responsible for all applicable taxes, bank fees, transfer fees, credit card fees, currency exchange fees, federal, regional, state, local taxes or any surcharges and similar exactions imposed on or with respect to our Services. If your use of our Services exceeds the amounts prepaid by you or of if you fail to pay any amounts due by you, we may suspend our Services associated with your account without prior notice to you. We will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with connection with any suspension of our services pursuant to this section. If service fees are not paid in a timely manner, we reserve the right to revoke access to your use of the Services which may result in loss of data and/or features.
Copyright and ownership
XLbroadcaster owns the intellectual property rights to all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. We welcome your feedback on our Services however by submitting suggestions or other feedback about our Services (“Contributions”) you agree that:
- we are not under any obligation of confidentiality with respect to your Contributions;
- we may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way;
- you irrevocably, non-exclusively license to us rights to exploit your Contributions; and
- you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Contributions.
- you may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service.
XLbroadcaster claims no intellectual property rights over your Content.
Trademarks and logos
Subject to these Terms, we both grant each other the right to use and display each other’s name and logo (the Licensor Marks) on our respective websites and in other promotional materials solely in connection with each of our respective activities under these Terms. All of this use of the Licensor Marks will be in accordance with each other’s applicable usage guidelines and will insure to the benefit of Licensor.
The one of us using the other’s Licensor Marks under this subsection will not use, register or take other action with respect to any of the Licensor Marks, except to the extent allowed in advance in writing by the one of us whose Licensor Marks are being used. In using the Licensor Marks under this subsection, the one of us using the other’s Licensor Marks will always use the then current Licensor Marks and will not add to, delete from or modify any of Licensor Marks.
The one of us using the other’s Licensor Marks will not, at any time, misrepresent the relationship between us.
The one using the other’s Licensor Marks will not present itself as an affiliate or other legal agent of the one of us whose Licensor Marks are being used. The rights to use and display each other’s Licensor Marks under this subjection will end automatically in the event these Terms terminate or if one of the parties requests to remove name and logos from websites or promotional materials.
Confidential Information means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. “Confidential Information” does not include any information which:
- is publicly available through no fault of receiving party;
- was properly known to receiving party, without restriction, prior to disclosure by the disclosing party;
- was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party’s rights; or
- is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure.
Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.
Limited warranty / limitation of liability
The services are provided “as is” and as available. XLbroadcaster makes no express or implied warranties of any kind, including without limitation implied warranties of merchantability or fitness for a particular purpose. No communication between customer and XLbroadcaster, written or oral, will create a warranty or in any way alter or restrict any disclaimer of warranty or limitation of liability set forth in this section or elsewhere in this agreement. Under no circumstances will XLbroadcaster be liable for lost profits or other indirect, special, cover, exemplary, incidental, or consequential damages arising out of or related to this agreement or to the use or inability to use the service. In no event will XLbroadcaster’s liability for damages, losses, or causes of action, whether in contract or tort, either jointly or severally, exceed the aggregate euro or dollar amount paid by customer to XLbroadcaster during the twelve (12) months prior to the claimed injury or damage. The limitations of liability here described and in subsection (b) below apply equally to liability for negligence.
Without limiting the generality of the above, XLbroadcaster will have no liability for any claims or losses resulting from security breaches, exposure of sensitive or private data (except to the extent that applicable law forbids limitation of such liability), or loss of data or access to data.
XLbroadcaster is not liable for the accuracy, truthfulness, delay or validity of any data entered by Customer or provided through the Service. XLbroadcaster will not be liable for interruption of or delays in transmission of the Service caused by acts of God, terrorism, fire, water, riots, acts of Government, acts or omissions of Internet backbone providers, or any other causes beyond XLbroadcaster’s control.
Customer’s sole and exclusive remedy, if it is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of XLbroadcaster is to discontinue using the Service.
Customer acknowledges and agrees that XLbroadcaster has set its prices and entered into this Agreement in reliance upon the limitations and exclusions of liability and disclaimers of warranty set forth in this section and elsewhere in this Agreement, (collectively, the “Limitations”), and that the Limitations form an essential basis of the bargain between XLbroadcaster and Customer. The Limitations survive and apply even if Customer’s remedies provided in this Agreement are found to have failed of their essential purpose.
Customer will indemnify and hold harmless XLbroadcaster and its affiliates, employees, officers, directors, agents, licensors, successors, and assigns from all damages and liability, including without limitation attorneys’ fees, incurred as a result of:
- Customer’s violation of its obligations under this Agreement,
- the negligent or wilful acts of Customer,
- the violation by Customer of any third party’s rights in connection with the use or operation of the Service, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, other intellectual property rights, and claims for libel, slander, or unfair trade practices.
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
This agreement is made with Altair Services SAS, XLbroadcaster brand owner (Registered in France). References to “Altair Services”, “ XLbroadcaster”, “we”, “us”, and “our” are references to Altair Services, located at 12 rue Vivienne, 75002 Paris, France. These Terms shall be governed by the laws of France. You hereby expressly agree to submit to the exclusive laws of France for the purpose of resolving any dispute relating to your access or use of the Service. Any questions regarding the Terms of Service should be addressed to contact @xlbroadcaster.io
Agreement to arbitrate
Before bringing a formal legal case, please first try contacting our Customer Support as most disputes can be resolved that way. If we can’t resolve our dispute through our customer support, you or any of your affiliates on one hand and XLbroadcaster and any of XLbroadcaster’s affiliates on the other hand, all agree to resolve any dispute arising under these Terms, or Privacy Notices, or in relation to our Services by binding arbitration in France, or in another location that we have both agreed to. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitration, class actions, private attorney general actions, and consolidation with other arbitration's aren’t allowed.
Your privacy is of paramount importance to XLbroadcaster. XLbroadcaster brand is the property of Altair Services SAS a French company referred to in this policy as “XLbroadcaster, “we”, “us” or “our.”
- Website Information means information collected while viewing pages on our websites, information you have entered in our contact, download documents, employment forms or other forms, referral URLs and IP address and similar data tracked internally as well as by third parties.
- Account Related Information means contact information, payment information, and biographical information about our customers’ representatives and contacts used for marketing, opening new user accounts to use our Services, and to maintain existing accounts.
Web Site Cookies
A cookie is a small file placed onto your browser that enables us to enhance your experience on XLbroadcaster websites and application by remembering your preferences and settings. XLbroadcaster Cookies are used to store the preferred/selected web site language, the web site that referred the visitor, a unique identifier that can be traced back to the session in the application for activity reporting or to predefined defaults such as region and language preferences. Additionally, our web site uses Google Analytics which tracks visitors, their page to page activity and duration of each page. We use these cookies to improve our web site in content and organization and to index it preferentially in Google search.
Web Site Forms
Web Site Forms are used to allow visitors to contact sales staff for commercial questions, employment inquires, and to forward requests for additional information or documents on related topics. Account Primary Owner Data Users subscribing for the trial and/or paying subscriptions via our website or via any partner are required to enter a set of data, including a valid email address, name or business name and address. Users not wishing to enter the requested information correctly are not allowed to use our Service. This information is collected to provide notifications of changes of service, and to identify the owner of the account in case of data breach, data misuse, or other topics as it relates to the use of the Service.
Account payment data
The Account Primary Owner, upon using our paid services, must add a payment method. The payment method is not stored in our neither partners databases and it is processed by Stripe with registered office in San Francisco, 510 Townsend St, California, United States. All other data such as; company name, billing address, VAT/TVA or tax identification numbers, company identifiers may be required for accounting practices and used as such.
Use of collected data
Data collected from the web site is used in optimizing the web site by changing structure and content. Data from the web site and/or the account users can be used to send product newsletters, system notifications, alerts, publications as scheduled by the users or by the system as needed such as but not exclusive to, reset password, system thresholds, payment and invoices, new product releases, updates or down times, security alerts, and similar alerts. XLbroadcaster does not share or sell any personal data with third parties; and we always ask prior consent for non-service usage (such as newsletter emailing). GDPR XLbroadcaster operates under General Data Privacy Regulation (GDPR-EU law). When the full business relationship between a Customer and XLbroadcaster is developed via the Customer accessing our Services independently via our website or any other channel, in practice that means that we collect the minimum data necessary to provide XLbroadcaster’s Services and comply to regulation, meaning exclusively the Customer’s email as a login/identification key. If a Customer is entering into a business relationship with XLbroadcaster via a direct sales approach from us, XLbroadcaster might be in a position to hold additional Personal information about the Customer.
We or our partners may request access to the following data in order to process the payments required for a Customer to use XLbroadcaster’s Services.
address for VAT/TVA calculation and invoicing
Tax identification number
credit/debit card numbers
- the right of access to Personal Information relating to you;
- the right to correct any mistakes in your Personal Information;
- the right to object and ask us to stop contacting you with direct marketing;
- rights in relation to automated data processing;
- the right to restrict or prevent your Personal Information being processed;
- the right to have your Personal Information ported to another data controller;
- the right to erasure; and
- the right to complain to the Data Protection Commission (DPC) if you believe we have not handled your Personal Information in accordance with applicable data protection law.
If you are a user working on behalf of an existing XLbroadcaster customer, and we have your Account-Related Information under an agreement with that customer, we have a legitimate interest to send you electronic communications/direct marketing in connection with the Service and related matters (which may include but shall not be limited to newsletters, announcement of new features etc.). We may also ask you different questions for different services, including competitions. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please email us directly at contact@XLbroadcaster.io. It may take up to 15 days for this to take place; and let us know what method of contact you are not happy with if you are unhappy with certain ways of contacting you only.
Account-Related Information and other Personal Information will be kept and stored for such period of time as we deem necessary taking into account the business purpose for which it was collected in the first instance (i.e. the administration of Your Account for as long as Your Account is active and a reasonable period thereafter in case you decide to re-activate Your Account), and our obligations under applicable data protection law. This may include retaining Account Related Information or other Personal Information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain Personal Information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Service, not to specifically analyse personal characteristics about you.
If you need to contact us with regard to any of your rights as set out in this Policy, all such requests should be made in writing by email to contact @xlbroadcaster.io
Once we receive a privacy complaint, our privacy team will investigate your complaint and give you a response. We will need sufficient information from you for us to evaluate your complaint and, as a result, we may request that you give us additional information that we believe is necessary to assess your complaint. Dispute resolution proceedings will be in English.