These terms and conditions govern the licensing of the GoLive software and the administration of the GoLive Service platform.
Software use licence
1. 1 Radicalbit grants the Customer a license to use the GoLive software and access to the GoLive platform from the date of the conclusion of the purchase contract until the date indicated in the commercial offer or purchase order. This license will be temporary, limited, revocable, non-exclusive and non-transferable.
1.2 Radicalbit grants a license to use the software to the Customer who will be indicated in the commercial offer or purchase order, limited to the specific Brand so indicated. This right does not give the customer any priority or privilege of GoLive license concerning other brands owned by the customer. This right does not give the Customer any priority or privilege for other brands owned by the Customer.
2. Services Description
2.1 Platform setup. Radicalbit will set up the platform and, if required, will accompany it with the distinctive signs that will be provided by the customer. The Customer warrants ownership of such signs. If the customer transmits distinctive signs that belong to the Brand, the customer warrants to have prior permission from the Brand to use them in this way.
2.2 Onboarding. Radicalbit will provide the customer’s staff with the training hours indicated in the offer. The training will take place exclusively online, through video calling and screen sharing tools, and will cover the following topics: GoLive App to record and transmit videos, access to the control panel (BackOffice), access management, scheduling the Live Show, inserting the product list, managing the Live Show, moderating the Chat, publishing products, consulting the dashboards of data analysis and visualization. analysis and data visualisation dashboards.
2.3 Live Streaming Service. The customer will have access to the GoLive platform to independently publish and manage the Live Show. For this purpose, Radicalbit will provide the necessary administrative access credentials to one or more Authorized Users of the Customer organization. These Authorized Users must have undergone the training mentioned above.
2.4 Real-Time Show Analytics. The Customer will have access to a control panel that allows the visualization of real-time data related to the current Live Show and historical data related to the Recorded Show available on-demand, as described in the Radicalbit technical documentation.
2.5. GoLive App or RTMP software. The Customer may create and transmit the Live Show through (a) the App “GoLive”, downloadable from Apple and Google Stores. The GoLive App is available exclusively for Android and Apple iOS operating systems; or: (b) through a broadcasting software/video production software that can offer an upstream to the GoLive platform using the Real-Time Messaging Protocol (RTMP). Radicalbit does not provide such software and any related costs and risks will be borne by the customer.
2.6. Excluded Services. The obligations of Radicalbit and the services covered by the GoLive Service are only those indicated above. By way of example and without limitation, these services do not include the recording, production or post-production of Live Show videos, nor the moderation of the Chat, nor advertising or promotional activities or graphic processing.
3. Customer Obligations
3.1. The customer must promptly inform Radicalbit of any technical difficulty that it encounters in using the service, so that Radicalbit, to the extent of its responsibility, can promptly respond.
3.2. The customer must promptly inform Radicalbit in case of abuse or even suspected violation of the platform access credentials as provided under Article 2.3.
3.3. The customer shall not remove, modify or obscure the distinctive signs of Radicalbit that may be present on the platform or otherwise in the vehicles for the delivery of the Service.
3.4. Liability and Warranty for Content.
3.5. The Customer shall be responsible for the accuracy, quality and legitimacy of all content transmitted through the GoLive Service. The Customer shall not transmit content that infringes the commercial or private rights of third parties or is otherwise contrary to law, public order or morality.
3.6. Use of third-party content in the Live Show. The Client shall obtain, at its own expense, an appropriate licence to use, where necessary, any third-party audio, graphic or video material that is used to enrich the Live Show. In particular, the Client undertakes to scrupulously respect the copyright of third parties on music tracks.
3.7. The Customer warrants and indemnifies Radicalbit from any action by third party claimants and any detrimental consequences that may result from failure to comply with these obligations.
4. Live Show Host
4.1. For the present purposes, “Host” shall mean the person who physically films and broadcasts the Live Show. Such person, chosen by the Customer, shall: (a) download and install the GoLive App; (b) access the GoLive App with the credentials provided by Radicalbit; (c) start, pause and end the Live Show. All activities of the Host are the responsibility of the Customer.
4.2. Alternatively, the Customer may use a multi-camera control room and hardware or software encoders to send an upstream to the Live Show. or software encoders to send an upstream to the GoLive platform.
5. Technical requirements for the Service efficiency
5.1. For the above purposes, the above-mentioned Host shall use a mobile device (smartphone or tablet) with the following minimum characteristics: iOS operating system (upgradeable to the latest version available to ensure full support) or Android operating system (upgradeable to the latest version available to ensure full support) with an HD 720p resolution or higher camera. In addition, the device must access the internet via 4G/5G or dedicated WiFi, with a connection with the following minimum characteristics: upload speed of 6 Mbs.
5.2. If using a video director and encoder, Radicalbit will provide an RTMP link associated with the event. The customer could transmit an upstream to GoLive using the Real-Time Messaging Protocol (RTMP) with H.264 format, resolution 720×1280, frequency 30fps, bitrate 3,000 Kbps.
6. Chat Moderation
6.1. The Customer is responsible for moderating the Chat during the Live Show. For this purpose, the Customer shall appoint a “Moderator” with the task of (a) verifying the relevance to the Service of the products shown in the Live Show; (b) moderate the Chat in real-time during the Live Show; (c) delete any improper comments of the viewers; (d) block and exclude from the Chat the viewers with offensive behaviour; (e) stop the Live Show in case of manifest violation of these Terms of Service. The customer must select the moderator between social media managers or other experts in the industry with proven professional experience, however, remains directly responsible to Radicalbit for the correct moderation of the Chat following applicable law, custom and the rule of art.
7. Limited license to use the Content in favour of Radicalbit
7.1. The Customer consents to Radicalbit’s possible use of the Content transmitted via the Golive Service for the sole purpose of promoting and advertising the GoLive Service and improving the efficiency of the GoLive Service.
8. Limitation of liability and the amount recoverable
8.1. Radicalbit will not be liable in any way, to the extent permitted by applicable law, for any damage that is the result of (a) intentional or negligent acts or omissions of the Customer; (b) events dependent on the fact of third parties such as, for example, interruption or malfunction of network services or power sources; (c) fortuitous event or force majeure; (d) measures of the Government or the Judicial Authority.
8.2. In any other case, except in the case of intentional misconduct or gross negligence, the liability of Radicalbit will be limited in its total amount to the total of the amounts paid to Radicalbit by the customer as consideration for the services specified above.
8.3. This limitation of liability is an essential element of the contract. The Customer acknowledges that Radicalbit would not grant any license to use the Radicalbit software or GoLive Service without this limitation.
9.1. Any agreement that differs from or is contrary to these Licence and Service Conditions and any subsequent amendments must be prepared in writing under pain of nullity.
9.2. No conduct, omission or delay in demanding compliance with these Conditions or with the offer agreements or purchase order shall invalidate them or any claims arising therefrom. No order, invoice or similar document shall modify the terms of these Conditions, even if accepted or executed by the other party.
10. Applicable law and jurisdiction
10.1. The purchase contract and these conditions shall be regulated and interpreted according to Italian law, excluding any different law that may be referred to by Italian law or the law of the residence of the Parties and excluding the application of the United Nations Convention on the International Sale of Goods.
10.2. All disputes in any way connected with this purchase contract, these conditions and their interpretation, including those relating to this clause, shall be the exclusive competence of the Court of Milan.
The customer hereby consents that Radicalbit may publicly mention the activity covered by this proposal among its references and include the name and logo of the customer in presentations or other promotional material and use this agreement and any subsequent agreements arising from it as a reference to its customers or suppliers.
12. Right of withdrawal
The Customer has the right to withdraw from the service by giving written notice by pec (firstname.lastname@example.org). The cancellation shall take full effect at the end of 2 (two) calendar months from the date of receipt of the communication.