Terms of Service

Your Agreement

This is a binding agreement between ReplayCast ("ReplayCast", "replaycast.io") ("we", "our", "us") and you as an individual and, if applicable, the company or other legal entity you represent (collectively, "you" ).

The following Terms of Service ("Terms", "Terms of Service") govern your access and use of our site and/or services located at replaycast.io including any functionality, content, services or other offered on or through replaycast.io (collectively, "Site").

By accessing or using the Site or the Services in any manner, you agree that you have read and agree to be bound by and a party to the Terms and Conditions and our Privacy Policy(collectively "Agreements"). You acknowledge that you have read and understood the Agreements, and agree to be bound of them.

By accessing or using the Site or the Services in any manner, you are complying with all applicable laws and regulations in the country in which you are located.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

If you are entering into the Agreements on behalf of a company or other legal entity, you confirm that you have the legal authority to bind the legal entity to these Agreements. If you do not have such authority, you may not use the Site or any content, functionality, or Services offered on or through the Site.

Any actions undertaken by you or any third-party that represents you will be deemed to have been taken by you.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Site or any content, functionality, or Services offered on or through the Site. These Terms apply to all visitors, users and others who wish to view, access or use Site.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by emailing us at.

3. Services

Services we make available to you as part of the Site include both services for no fee ("Free Service(s)") and services for a fee ("Paid Service(s)") (collectively "Services",individually "Service"). We can suspend, stop or cancel either of these Services at any time for any reason or no reason.

To be able to use parts of our Services, additional software or third-party accounts may be required, including but not limited to Streaming Software, or accounts on third-party services or sites. You represent and warrant that you shall not use software or third-party services that require us to: (i) disclose or distribute in source code form our Services or Site, (ii) make our Services available free of charge to recipients, or (iii) modify our Services or Site without restriction by recipients, or (iv) require monetary compensation from us

Parts of Services work as queue system that it is not first-come first-serve. Because of this, there might be delays between parts of Services. Paid Services have priority in the queue. We will not be responsible if your Service or part of the Service was not completed on time, or your Content (as defined in Section 11) was deleted while you were waiting in the queue.

For the purposes of this Agreement, "Service Description(s)" will mean the descriptions published on the Site at https://replaycast.io/pricing . In addition to features and limits in the Service Description, the following also applies for:

Free Services:

Free Services last until you have spend all of your units or your units expired. Whichever the case is, you will no longer receive free units.

i) Paid Services:

a) The maximum streaming and/or stream forwarding is 24h.;

b) The maximum streaming and/or stream forwarding bitrate is 10,000 KBPS;

c) The maximum stream recording size is 30GB (GigaBytes) regardless of allowed stream recording time in your Service description.

ii) All Services (Paid and Free):

a) Any videos that are created via recording or processing including but not limited to replay videos, gameplay videos, highlights videos, processed videos, or videos that are derived, processed or selected from the stream will be deleted 5 days from the video creation date.

b) Videos that are recorded from stream will be deleted according to the Service Description.

c) In any case and for any service, any video will be deleted 15 days after the video creation date.

d) No refunds, credits, or units will be given to you, and there will no liability on our side, if your video is deleted but you did not download it from the Site, or the Service(s) could not process or upload it within the timeframe from video creation date to video deletion date.

e) Some Videos may not be processed, due to the current nature of the system, or for other reason.

f) Some Replays and/or Videos may not be recorded, due to the current nature of the system, or there is no game replay file available, or for other reason.

g) The maximum number of uploaded images at anytime is 100. The size limit of a single image is 2MB. Images for matches (overlays, thumbnails, etc.) could be deleted any time after they are used.

h) Adding summoner is only possible if the summoner is not already added by other user (this specific limitation does not apply to Paid Services).

i) Accessing and/or using parts of Services could be restricted for accounts with non-verified email.

j) The maximum size of any type of video is 50 GB(GigaBytes)

k) Accounts can not be traded or sold by you. Any such activity will lead to account termination and Service suspension for the affected accounts.

l) Thumbnails for uploads may not be generated for all videos. The upload will continue regardless whether a thumbnail was created or not. In addition any third-parties may refuse to set the thumbnail for the uploaded video.

m) Runes image for inserting in the video may not be generated for all videos. The video processing will continue regardless whether a runes image was created or not.

n) Summoners that you have added without connecting League of Legends account (summoners that you do not own) can be removed at any time from your account, without notice and without liability. The removing of the summoner will remove all videos associated with it.

o) Summoners that you have added without connecting League of Legends account (summoners that you do not own) will have their information hidden from the video (summoner name,etc) and will not appear (including any videos from them) on your ReplayCast profile.

p) Summoners that you have added without connecting League of Legends account (summoners that you do not own) feature may be cancelled at any time, without notice and without liability.

There are limits on the number of options you can add for user options, per summoner, or match. These limits vary between Free and Paid Services.

Paid services have higher priority than Free Services.

Other limits not listed here may apply to both Free and Paid Services. Please read the entire Terms.

4. Downtime and Service Suspension

You agree that your access to our Site and use of the Services may be suspended any time for any reason, including but not limited to scheduled maintenance, power outages, system failures, loss or suspension of third-party services/software or other interruptions. We take no responsibility and assume no liability for any Service suspension. No refunds will be given for any Service suspension or downtime.

5. Accounts

When you create an account with us, you guarantee that the information you provide to us is accurate, complete, and current at all times. You may only create one account per email address. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site. You agree that you are fully responsible for all activities that occur under the account, regardless of whether such activities are undertaken by you or a third party that represents you.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We are not responsible for any unauthorized access to, unauthorized use, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your Content (as defined in Section 11) or other data which you post or use in connection with your Account or the Site.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse services, terminate accounts, remove or edit Content (as defined in Section 11), or cancel orders in our sole discretion at any time.

All of your account data and/or Content(as defined in Section 11) could be deleted any time after 30 days of your account termination date.

Your account may get deactivated if there are no videos created or processed on your account within 3 months.

4.1 Eligibility

You may use the Services and/or the Site if you are at least 14 years old; however, children of all ages may use the Services and/or the Site if enabled by a parent or legal guardian who is at least 18 years old (or the applicable age of majority in your jurisdiction). Individuals under the applicable age must at all times use our Services and/or the Site only in conjunction with and under the supervision of a parent or legal guardian. If you are under 18 (or the applicable age of majority in your jurisdiction), you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you. In all cases, such parent or legal guardian is the user and is responsible for any and all activities under the Account.

6. Purchases

Payment processing for Services is handled by third-party payment processor("Payment Processor").

Once a successfull payment is you will immediately be granted access to the Services you purchased, and if you purchased Units (explained in section 7), the Units (explained in section 7) will be immediately delivered to your account after successfull payment.

If you wish to purchase any product, service or units made available on or through Site or Services("Purchase"), you may be asked to supply certain information relevant to your Purchase to the Payment Processor including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, first and last name and email. The Payment Processor sends notification to us along with information that helps us identify the Purchase and the account under which the Purchase was initiated and completed. We save this information that is sent by the Payment Processor to help us identify and reference any Purchase. We do not collect credit or debit cards.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to the Payment Processor is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, other reasons or no reason.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

7. Units

Parts of the Services we offer, in order to be accessed and/or used, in addition to the fee paid for such Services, require amount of units ("Units") to be spent.

Currently there are units that:

a) enable recording of videos ("Recording Units"), including but not limited to replay, gameplay or highlights recording or required recording to render Services to you;

b) enable processing of videos ("Processing Units") including but not limited to image or logo overlays over/in videos, image generation and insertion into videos, any cutting or combining of videos, or required processing of videos to render Services to you

c) enable video storage ("Storage Units") including but not limited to storage for recording and/or processing of videos, or required storage to render Services to you.

You can see in your Account management page how the units are spent. The amount of Units we charge can change at any time without prior notice and without liability. Any charge is final and non-negotiable.

Units can be purchased from Account Management page. Units are non-refundable and non-exchangeable.

Paid units expire 120 days (30 days for free units) from the the date of delivery of said units regardless of how the units were delivered, including but not limited to: standalone, as gift, in a bundle, or as a part of subscription, or other. Expired units can not be spent, exchanged or used in any way and are non-refundable.

Free Units have lower priority than Paid Units for Services that are rendered to you.

Free units are only given once, when you register for first time on ReplayCast. Free units are not given monthly.

The Units offered in Free Services are delivered one-time only. If you are found to create multiple accounts in order to receive free units, all your accounts will be terminated and you will be banned from our Site and Services.

8. Subscriptions

Some Services or parts of Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle") through Payment Processor. Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or we cancel it. You may cancel your Subscription renewal any time either through your online user management page or by contacting .

You shall provide the Payment Processor with accurate billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize the Payment Processor to charge you for Service. You also agree to the Payment Processor's terms of service, privacy policy and other documents.

Should automatic billing fail to occur for any reason, we reserve the right to terminate your access to the Service with immediate effect.

9. Fee Changes

We, in its sole discretion and at any time, may modify fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Your continued use of any Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

We will not refund any differences for overpaying fees.

10. Refunds

We issue refunds within 7 days and only for the first ever Purchase by You. All other purchases are not eligible for refund.

When terminating a more expensive Monthly Plan to downgrade to a less expensive Monthly Plan, or when changing plan types, you agree that no refunds, credits or units shall be provided.

Expired or unused units will not be refunded.

Our billing team has the absolute right to decline to issue a refund.

11. Content

Services allow you to post, stream, create, record, process, link, store, upload, share and otherwise make available (collectively, "Post") certain information, text, graphics, images, videos, audio, replays, or other (collectively,"Content"). You are legally responsible for Content whether you or third-party that represents you create, or Post on or through our Site or Services. This includes but is not limited to automatically generated Content.

Our Services allow you to automaticaly generate Content out of the information, summoners, matches, replay data and other. This includes summoners that you are yours and summoners that are not yours, that are in your ReplayCast account. You bear all responsibility for such Content.

We will not oversee over and we will not review the audio, video or textual or other Content, that is created/uploaded automatically through our Site, or posted by you on or to our Site. This may include automatic generation of video, audio and textual Content, including but not limited to title and/or description for uploads, video and/or audio that is created, etc. The Content (as per your instructions) may be automatically uploaded to certain third-party sites or made public on our Site. It is your sole responsibility to review the Content before it is uploaded/published to third-party sites or is made public on our Site. We take no responsibility and assume no liability for Content that is automatically generated by ReplayCast or uploaded by you.

When you Post Content on or through Site or Services, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through our Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity and (iii) the Content you or third-party post or create on or through Site is not in any way illegal (or promotes illegal activity), defamatory, offensive ,harmful or inappropriate. We reserve the right to terminate the account of anyone found to be posting such Content.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party that represents you Post or Create on or through our Service.

Any replay files (created by the game client - ROFL files) for other than Ranked games that You upload to our Site will be available only to you and other participants of that replay (game match) for replay recording (this does not mean they will have access to your videos or other Content). Ranked replay files (ROFL files created by the game client) from grandmaster and above are available to all users. Other ranked replay files are only available to players that are participants in that replay (game).

We have the right but not the obligation to monitor and edit all Content provided by users.

12. License to Us

By creating, uploading, providing or posting Content to the Service or through the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating our Site and Services.

13. Replaycast Content

In addition, ReplayCast content found on or through this Service are our property or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

14. Prohibited Uses

You may use our Site and/or Services only for lawful purposes and in accordance with Terms. You agree not to use our Services or Site:

0.1. In any way that violates any applicable state, national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, defamatory, harmful, or inappropriate or in connection with any unlawful, illegal, fraudulent, harmful or inappropriate purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend us or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use the Services in any manner that could disable, overburden, damage, or impair the Site or Services or interfere with any other party’s use of Services, including but not limited to their ability to engage in real time activities through the Site or Services.

0.2. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including but not limited to monitoring or copying any of the material on the Site.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of the Site or Services.

0.5. Introduce any viruses, trojan horses, worms, malware, ransomware, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or Services, the server on which the Site or Services are stored, or any server, computer, or database connected to them.

0.7. Attack our Site, Services or servers via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify our rating.

0.9. Otherwise attempt to interfere with the proper working of our Services.

15. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Site or Services.

16. Intellectual Property

Site and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of us and its licensors. Site is protected by copyright, trademark, and other laws. Our trademarks may not be used in connection with any product or service without our prior written consent.

17. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to , with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

18. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at .

19. Error Reporting and Feedback

You may provide us either directly at , via our Site or by using Services (e.g Beta access in part or whole to Services) or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, testing, help, ideas, problems, complaints, and other matters related to our Services or to users of our Services ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) We may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) We are not under any obligation of confidentiality with respect to the Feedback; (v) and Monetary compensaion, credits or units will not be given for the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant us an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

20. Other Web Sites, Third Parties or Third-party software

Our Site/Services may use and rely on third-party services, sites and/or software that may or may not require your consent to be used. These third-party services and/or software are used for operating our Site and Services. If these third-parties decide to stop offering their services (in part or whole) to us, we may be unable to provide Services to You. You agree that there will be no refunds and no liability on our side in such cases.

You may need Third-party software in order to use our Services or create Content.

Our site may contain links to third party web sites that are not owned or controlled by replaycast.io.

We do not have control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites, services or software. We do not warrant the offerings of any of these entities/individuals or their websites and/or services or software.

If you use third-party services and/or software to use, create Content, or to connect to our Site or Services or register/login into our Site or Services you are also bound to their Terms of Service and Privacy Policy.

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES, LOSS OF SERVICE, SERVICES OR CONTENT (WHETHER YOURS OR OURS) IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR RELIANCE ON ANY THIRD-PARTY SERVICES, THIRD-PARTY SOFTWARE OR SITES (REGARDLESS WHETHER THOSE THIRD-PARTY SERVICES, THIRD-PARTY SOFTWARE OR SITES WERE USED BY YOU OR US).

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF, INABILITY TO USE OR RELIANCE ON ANY ITEMS, CONTENT OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES, SERVICES OR SOFTWARE.

20.1 - Third-party terms of service and policies

21. Disclaimer Of Warranty

THE SERVICES AND SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES AND SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED, POSTED OR CREATED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES, CONTENT OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY INCLUDING BUT NOT LIMITED TO DISTRIBUTED DENIAL-OF-SERVICE ATTACK, HACKING, RANSOMWARE, MALWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OUR SITE, SERVICES OR SERVERS, OR INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES, ITEMS OR CONTENT OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL OR CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF OUR PROPERTIES, THE SITE, AND ANY SERVICES, ITEMS OR CONTENT CREATED OR OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK.

NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR CONTENT CREATED OR OBTAINED THROUGH THE SERVICES OR SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR CONTENT OBTAINED OR CREATED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBCONTRACTORS AND AGENTS HARMLESS FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF US, IT WILL BE LIMITED TO 1 USD, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE FOR:

1) CONTENT POSTED OR CREATED BY ANY USER, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.

2) 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)

23. Fair Usage Policy

All plans (including unlimited plans) are subject to fair usage policy. The fair usage policy ensures that optimum Service experience is available to maximum number of users. As a result, our system only applies throttling and limiting of the Content created, number of videos recorded/stored on the servers, streamed, processed or uploaded to the users with heaviest usage. This results in reduced recording, storing, streaming, processing and uploading of those users's videos or matches, and in some cases dropping the recording, processing, storing, streaming or uploading requests.
In some cases, in our sole discretion, the user's account maybe suspended or cancelled due to unfair usage, in which case partial refund may or may not be given.

For unlimited plans, the recording option "Record as streaming video with Game HUD" is not included in the plan. In addition, "Ignore duplicates" recording option will be ignored, and the same video will not be recorded twice.

Any abuse of our Fair Usage Policy or Services will result in your account being terminated (at our own discretion and without any liability) with no refunds being given.

Example of abuses (including but not limited to):

• Recording or processing the same match many times.
• Creating high number of options that will overload the servers with requests for recording, processing, streaming, storing or uploading of videos or matches or other Content.
• Any other actions that result in consistent overload on ReplayCast servers or third-parties.

24. Termination

We may terminate or suspend your account and/or bar access (in whole or in part) to Services and/or Site, without prior notice or liability, under our sole discretion at any time, for any reason whatsoever or no reason, and without limitation, including but not limited to a breach of Terms. No refunds will be given if your account is terminated or suspended.

If you wish to terminate your account, you simply discontinue using the Site, cancel your subscriptions if any and contact us at .

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

25. Governing Law

These Terms shall be governed and construed in accordance with the laws of London, United Kingdom, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

26. Changes To Services

We reserve the right to withdraw or amend our Services, and any services, parts of Services or material we provide via Site, in our sole discretion without notice, and without liability. We will not be liable if for any reason if all or any part of Services or Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Site, or the entire Site, to users, including registered, free or paid users.

27. Amendments or Changes To Terms

We may amend Terms at any time by posting the amended or changed terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Site or Services following the posting of revised/changed Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you can not use the Site or any Services.

28. Waiver And Severability

No waiver by us of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership or any employer/employee or fiduciary or franchise relationship between you and us.

29. Acknowledgement

BY USING THE SITE OR SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.