Terms of Use

Welcome to Makestream. These Terms and Conditions are an agreement between you and Makestream, and they cover your use of the Makestream Mac app and the make.stream website. Please read them carefully before you use the service.

When you download, install, or use the app, create an account, or use the make.stream website, you agree to these terms. If you do not agree to them, do not use Makestream.

If you use Makestream for an organisation, you confirm that you have the authority to accept these terms for that organisation, and “you” then means both you and that organisation.

A few words have a set meaning in these terms:

• “Makestream”, “we”, “us” and “our” mean the Makestream service and the people who operate it.
• “App” means the Makestream application for macOS.
• “Site” means the make.stream website.
• “Service” means the App, the Site, and everything we provide through them.
• “Account” means the account you create to sign in to Makestream.
• “Your Content” means anything you create, upload, record, or broadcast using the Service, including video, audio, images, logos, and show settings.
• “Guest” means a person you invite to join your broadcast through a browser link.

You need to be at least 18 years old and able to enter into a binding contract to use Makestream. If you are using Makestream for an organisation, that organisation also needs to be legally able to enter into this agreement.

You may not use Makestream if we have previously suspended or removed your access, or if the law where you live prevents you from using it.

To use Makestream you create an Account. You sign in with your email address and a one-time code that we send to that address, so there is no password to remember.

You are responsible for everything that happens under your Account, and for keeping access to your email secure. If you think someone else has got into your Account, tell us straight away.

Each Account is meant for one person. Please keep the information on your Account accurate and up to date.

As long as you keep to these terms and your subscription is active, we give you a personal, limited, non-exclusive licence to download and use the App on Mac computers that you own or control, to produce your own broadcasts.

This is a licence to use the App, not a sale. You do not own the App, and these terms do not give you any rights to it beyond what is written here.

You may not copy, sell, rent, sublicense, or share the App, reverse-engineer it or try to extract its source code, remove any branding, or get around the limits of your plan or any access controls. You may not use the Service to build a competing product.

Makestream needs a paid subscription. There are two plans, Hobby and Pro. The Hobby plan lets you run one show. The Pro plan lets you run up to three shows.

You pay in advance, either monthly or yearly, and billing is handled by our payment processor, Stripe. We charge your card as soon as you subscribe. There is no free trial.

Your subscription renews automatically at the end of each billing period, at the price for your plan at that time, until you cancel it. By subscribing, you authorise us and Stripe to charge your payment method for each renewal.

You can change your plan or cancel at any time through Stripe. When you change plans, we prorate the difference. When you cancel, your subscription stays active until the end of the period you have already paid for, and then it ends.

Payments are not refundable, except where the law gives you a right to a refund. If a payment fails, we may retry it and may pause your access to paid features until the payment goes through.

We may change our prices. If we do, we will give you notice before the change affects a renewal, and the new price applies from your next billing period.

You agree to use Makestream only for lawful purposes and in line with these terms. You must not use the Service to create, broadcast, record, or share content, or to behave in ways, that:

• break any law, or infringe anyone's intellectual property, privacy, or other rights;
• are harassing, abusive, defamatory, hateful, or threatening;
• are obscene or harmful, or that exploit or endanger minors;
• are deceptive or fraudulent, or that impersonate someone else;
• contain malware, or are designed to disrupt or damage software or networks;
• break the rules or terms of any platform you stream to.

You also must not interfere with the Service, try to gain access you are not allowed, place an unreasonable load on our systems, or use the Service in any way that could harm Makestream or other users.

You are responsible for your own conduct and for the conduct of anyone you invite into your broadcasts.

You keep ownership of Your Content. We do not claim to own your broadcasts, recordings, logos, or anything else you create with Makestream.

Recordings you make on your own Mac are stored on your Mac. To run the Service, some content is stored in our cloud, including your brand assets, your show settings, and recordings made by Guests.

You give us a limited licence to host, store, copy, and process Your Content, only so far as we need to in order to provide the Service to you and keep it secure. This licence ends when you delete the content or close your Account, apart from copies we need to keep for a short time for backups or to meet legal duties.

You are responsible for Your Content. You confirm that you have all the rights and permissions needed for everything you stream and record, including music, images, and other material that belongs to other people, and including the contributions of your Guests.

Makestream lets you invite Guests to join your broadcast through a browser link that you share with them.

Guest sessions can be recorded, including a Guest's camera, microphone, and screen share. You are the person responsible for these recordings.

Before you record, you must tell your Guests that they may be recorded, and you must get whatever consent the law requires from them. Laws about recording people differ from place to place, and it is your job to follow the ones that apply to you and to your Guests.

We are not responsible for how you use recordings of your Guests.

Makestream sends your broadcast to outside streaming platforms, such as YouTube, Twitch, Facebook, and LinkedIn, through Restream. We also rely on other outside services, such as Stripe for payments, to run parts of the Service.

These platforms and services are run by other companies and have their own terms and privacy policies. When you use them, you are agreeing to their terms, and you need to hold the accounts and rights required to broadcast to them.

We do not control these platforms and services. We are not responsible if they change, stop working, or are unavailable, or for anything you lose because of them.

The Service, including the App, the Site, the Makestream name and logo, and all the software, design, text, and graphics we provide, belongs to Makestream and the people we license from. It is protected by intellectual property laws.

Apart from the licence to use the App in section 5, these terms do not give you any right to our intellectual property. You may not use the Makestream name or logo without our written permission.

If you send us ideas, suggestions, or feedback about Makestream, you give us the right to use them freely, without owing you anything and without any obligation to you. We can build your feedback into the Service without restriction.

Our Privacy Policy explains what personal information we collect, how we use it, and the choices you have. By using Makestream, you agree to the way we handle information as set out in the Privacy Policy.

We respect intellectual property rights, and we expect our users to do the same. If you believe that content broadcast or shared through Makestream infringes your copyright, contact us with enough detail to identify the content and your rights in it.

We may remove content, and may suspend or close the Accounts of users who repeatedly infringe the rights of others.

You can stop using Makestream at any time, and you can cancel your subscription as described in section 6.

We may suspend or end your access to the Service if you break these terms, if your payment fails, if we are required to by law, or if we reasonably believe your use puts Makestream, other users, or anyone else at risk.

If your Account is closed, your right to use the App ends. We may delete Your Content after your Account closes, so keep your own copies of anything you want to keep. The parts of these terms that by their nature should continue, such as those on Your Content, intellectual property, disclaimers, liability, and governing law, stay in force after termination.

Makestream is provided as is and as available, without warranties of any kind, whether express or implied, as far as the law allows.

We do not promise that the Service will always be available, uninterrupted, secure, or free of errors, or that it will meet your needs. Live streaming depends on outside platforms, your hardware, your software, and your internet connection, and we cannot promise that your broadcasts or recordings will always succeed.

You use Makestream at your own risk, and you are responsible for keeping your own backups of important recordings and content.

As far as the law allows, Makestream is not liable for any indirect, incidental, special, or consequential loss, or for any loss of profit, revenue, data, goodwill, broadcasts, or recordings, arising from or connected to your use of the Service, even if we were told such loss was possible.

As far as the law allows, our total liability to you for any claim connected to the Service is limited to the amount you paid us for the Service in the twelve months before the event that gave rise to the claim.

Nothing in these terms limits any liability that cannot be limited by law.

You agree to defend, indemnify, and hold Makestream harmless from any claims, damages, losses, and costs, including reasonable legal fees, that arise from your use of the Service, Your Content, your broadcasts and recordings, your breach of these terms, or your breach of anyone else's rights.

We are always working on Makestream, and we may add, change, or remove features over time.

We may also update these terms. If we make a significant change, we will take reasonable steps to let you know, for example by posting the updated terms here with a new date, or by contacting you. If you keep using Makestream after a change takes effect, that means you accept the updated terms. If you do not agree with a change, please stop using the Service.

These terms, and any dispute arising from them or from your use of the Service, are governed by the laws of the United Arab Emirates.

You agree that the courts of the United Arab Emirates have jurisdiction over any such dispute. Before starting any formal proceedings, please contact us so we can try to resolve the matter with you directly.

• Entire agreement. These terms, together with the Privacy Policy, are the whole agreement between you and Makestream about the Service, and they replace any earlier agreements about it.
• Severability. If any part of these terms is found to be invalid or unenforceable, the rest stays in force.
• No waiver. If we do not enforce a part of these terms straight away, that does not mean we give up the right to enforce it later.
• Assignment. You may not transfer your rights or duties under these terms without our consent. We may transfer ours, for example as part of a sale or reorganisation of our business.
• Force majeure. We are not responsible for delays or failures caused by events outside our reasonable control.
• Notices. We may send you notices by email or by posting them in the App or on the Site.