Terms of Service

Last updated: July 2026

These Terms of Service ("Agreement") govern all use of the Viostream platform and related services provided by Viocorp International Pty Ltd (ABN 43 100 186 838), trading as Viostream. By accessing or using the Viostream platform, you agree to be bound by these terms.

This Agreement includes all schedules, exhibits and order forms executed between the parties, and contains warranty disclaimers, liability limitations and use limitations.

1. Definitions​

In this Agreement, unless the contrary intention appears:

• "Additional Term" means a renewal period following the Term, available under Clause 6.2.
• "Agreement" means these Terms of Service, any schedules attached, including the Order Form, and any variations executed according to the process described herein.
• "AI Features" means any feature of the Products that uses machine learning or generative artificial intelligence, including AI-generated captions, transcripts and summaries.
• "Authorised Users" means employees or representatives of the Customer authorised by the Customer to use the Products.
• "Business Day" means each day excluding Saturdays, Sundays and public holidays in New South Wales, Australia.
• "Content" means third-party or Customer-owned video and/or audio content and related material distributed via the Products, including any video, audio, image and text files.
• "Contract Start Date" means the first day of the service commencement term as specified in the Order Form.
• "Customer" means the party named as Customer in the Order Form.
• "Intellectual Property" means trademarks, copyright, patents and designs, whether registered or unregistered, and "Intellectual Property Rights" means rights in respect of Intellectual Property.
• "Licence" means the software modules that make up the Products identified in the Order Form.
• "Order Form" means the schedule of details of the Agreement signed by Customer and Viostream.
• "Personal Information" has the meaning given in the Privacy Act 1988 (Cth).
• "Products" means the goods and services to be provided by Viostream under the Agreement as specified in the Order Form.
• "Professional Services" or "Services" means any work undertaken by Viostream in delivery of the Products, including configuration, design, production services and/or integration of third-party products or services.
• "Scheduled Maintenance" has the meaning given by clause 12.2.
• "System" means any and all software modules that Viostream employs in performing Services to the Customer under the Agreement.
• "Term" means the term of the Agreement as stated on the Order Form.
• "Unscheduled Maintenance" has the meaning given by clause 12.3.
• "User Documentation" means user manuals or online help provided by Viostream relating to the proper operation and use of the Products.
• "Viostream" means Viocorp International Pty Ltd (ABN 43 100 186 838).

2. Service description​

Viostream is an enterprise video platform that provides:

1. video hosting, encoding, management and delivery;
2. analytics and engagement reporting;
3. player embedding and live streaming;
4. third party integrations and API access;
5. content protection and digital rights management; and
6. certain AI Features.

The specific Products and Services provided to you are detailed in your Order Form.

3. Ownership, licences and related rights​

1. Subject to this Agreement, Viostream grants to the Customer for the period of the Term a non-transferable licence to use the Products provided by Viostream.
2. All Content, including multimedia content provided to Viostream or captured during delivery of the System, shall be and remain the sole property of the Customer.
3. The System and all other materials, processes, know-how, tools, user interfaces and technology owned or created by Viostream ("Viostream Property"), and all Intellectual Property Rights therein, shall be and remain the sole property of Viostream. Viostream grants to the Customer, during the Term, a limited non-exclusive licence to use Viostream Property solely for the purposes contemplated under this Agreement. The Customer may not modify any of Viostream's products, trademarks or documentation.
4. The Customer acknowledges that a Viostream licence is for the sole use of the Customer. Usernames and passwords are for the sole use of the Customer. If the Customer wishes to extend access to a related affiliate or third party, written permission from Viostream is required. Additional fees may apply.

4. Account registration and security​

1. To use the Products, the Customer must register for an account and provide accurate and complete information. The Customer must keep account credentials secure and notify Viostream immediately of any unauthorised access.
2. The Customer is responsible for all activity that occurs under its account and for maintaining the confidentiality of its login credentials.

5. Acceptable use​

The Customer must ensure that Content distributed via the Products does not:

a) infringe any other person's Intellectual Property Rights; b) contain obscene or pornographic material; c) contain threatening or abusive material; d) advocate illegal activity; or e) violate any applicable law or regulation.

The Customer acknowledges that it is solely responsible for the contents of any Content distributed via the Products during the Term.

Viostream reserves the right to suspend access to the Products if the Customer's use materially breaches this clause, after providing reasonable notice to the Customer.

6. Term, renewal and termination​

6.1 Term​

This Agreement commences on the Contract Start Date and continues for the Term specified in the Order Form.

6.2 Automatic renewal​

The Agreement will automatically renew for one Additional Term equivalent to the original Term, unless a termination notice is provided to Viostream in writing at least ninety (90) days prior to the end date specified on the Order Form.

6.3 Termination by Viostream​

Viostream may terminate this Agreement upon:

a) failure by the Customer to perform any obligation under this Agreement where such failure is not rectified within ninety (90) days of notice from Viostream; b) failure by the Customer to perform any obligation under this Agreement where such failure is not capable of rectification; c) the Customer becoming insolvent within the meaning of the Corporations Act 2001 (Cth), or, if the Customer is an individual, becoming bankrupt; or d) the Customer purporting to assign its rights under this Agreement without Viostream's consent.

6.4 Termination by Customer​

The Customer may terminate this Agreement upon:

a) failure by Viostream to perform any obligation under this Agreement where such failure is not rectified within ninety (90) days of notice from the Customer; b) Viostream becoming insolvent within the meaning of the Corporations Act 2001 (Cth); or c) Viostream purporting to assign its rights under this Agreement without the Customer's consent.

6.5 Early termination during Additional Term​

The Customer may terminate this Agreement at any time during the Additional Term by providing ninety (90) days' written notice. Where the Customer has paid annually in advance, any fees paid that related to the period after the effective early termination date will be refunded.

7. Effect of termination​

1. Unless otherwise specified or agreed in writing, Viostream will retain copies of all Customer materials on its servers for 30 days after termination. After expiry of this 30-day period, Viostream will securely delete all copies of the Customer's Content from its servers in accordance with our data destruction procedures.
2. If the Customer requires copies of its materials stored on Viostream servers, Viostream will provide data export in a portable, documented format. An administrative fee may apply for the extraction and delivery of content.
3. Viostream will provide at least one (1) month's notice prior to any cessation of services, in accordance with ISM requirements.
4. Clauses 3, 5, 7, 10, 11, 14, 15, 16, 17 and 20 survive termination of this Agreement.

8. Fees and payment​

1. The Customer must pay to Viostream the fees specified in the Order Form. Fees are payable in advance.
2. All payments must be made in Australian dollars by electronic funds transfer, direct debit from the Customer's bank account, or automatic debit to the Customer's credit card, as agreed.
3. Payment of Viostream's invoice must be made within thirty (30) days from the date of the invoice. Viostream's procurement process is to issue annual renewal quotations sixty (60) days before the Contract Start Date and issue the corresponding invoice thirty (30) days before the Contract Start Date.
4. If the Customer defaults in making payment when due, Viostream may, in its absolute discretion: a) charge interest on outstanding amounts at a rate of 2% above the National Australia Bank Business Base Rate, calculated from the date payment is due until the date of payment; and/or b) suspend the provision of Services until the default is rectified and Viostream's standard reactivation charge is paid. Service fees will continue to accrue during any suspension.
5. Unless otherwise stated, all Fees are exclusive of GST.
6. The Customer must pay all Fees in full without set-off, counterclaim, withholding or deduction except as required by law.
7. Viostream reviews its pricing periodically and will provide at least thirty (30) days' notice before implementing any price change on annual or longer-term plans.

9. Additional services​

1. If additional services are requested, the Customer should submit a written request to Viostream via email. Viostream will respond with a Work Order document. If accepted, the Work Order becomes an additional schedule to this Agreement.
2. Agreed Professional Services will be charged at Viostream's published rates and in accordance with related quotations.

10. Data processing, privacy and security​

10.1 Privacy obligations​

1. Both parties must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) at all times.
2. Viostream will deal with any Personal Information received from the Customer in accordance with its Privacy Policy and applicable Australian privacy laws.
3. Where Viostream acts as a data processor on behalf of the Customer, Viostream will process Personal Information only in accordance with the Customer's reasonable instructions and the terms of this Agreement.

10.2 Security commitments​

Viostream implements security controls aligned with the Australian Government Information Security Manual (ISM), including:

• Encryption of data at rest (AES-256) and in transit (TLS 1.2+)
• Role-based access controls and multi-factor authentication for administrative access
• Regular vulnerability assessments and penetration testing
• Security monitoring, logging and audit trails
• Incident response procedures
• Secure software development practices

10.3 Notifiable data breaches​

1. Both parties acknowledge their obligations under the Notifiable Data Breaches (NDB) scheme (Part IIIC, Privacy Act 1988).
2. If Viostream becomes aware of a data breach under the NDB scheme involving the Customer's Personal Information that is likely to result in serious harm, Viostream will notify the Customer as soon as practicable (and in any event within 72 hours of becoming aware of the breach) to enable the Customer to meet its own NDB obligations.
3. Viostream will cooperate with the Customer in assessing and responding to any data breach under the NDB scheme.

10.4 Incident notification​

Viostream will report security incidents affecting the Customer's data to the Customer's designated contact as soon as practicable after becoming aware of the incident. Viostream will immediately notify the Customer if systems are accessed in an unauthorised manner.

10.5 Compliance verification​

Upon reasonable request and subject to appropriate confidentiality obligations, Viostream will provide the Customer (or the Customer's nominated assessor) with reasonable access to verify Viostream's compliance with the security commitments in this Agreement.

11. Data location and sovereignty​

1. Viostream's primary infrastructure is hosted on Amazon Web Services (AWS) in Sydney, Australia (ap-southeast-2). All Customer data at rest is stored within Australia.
2. Content from Viostream's origin servers may be delivered via a global content delivery network (CDN). CDN caching is temporary and transient.
3. Viostream will provide at least one (1) month's notice before making any material change to the regions or availability zones used for data processing, storage or communication.
4. Viostream will use all reasonable endeavours to prevent unauthorised access to its servers. However, Viostream does not warrant that it will be able to prevent all unauthorised access to the Customer's Content.

12. Service levels and availability​

12.1 System availability​

1. Viostream will provide System Availability of at least 99.5%.
2. System Availability is measured by calendar month and refers to total uptime of the Products, excluding Scheduled Maintenance periods.
3. System Availability is calculated as: Minutes Available / Total Minutes in period (excluding Scheduled Maintenance), measured by Viostream's monitoring systems at intervals of approximately one minute.

12.2 Scheduled maintenance​

Scheduled Maintenance means regular maintenance during the standard outage window (9:30 pm – 2:30 am AEST) for a period of not substantially more than one hour, up to twice per month. Viostream will notify the Customer at least ten (10) days in advance if Scheduled Maintenance could affect System Availability.

12.3 Unscheduled maintenance​

Unscheduled Maintenance means maintenance outside the criteria for Scheduled System Maintenance. Viostream will give the Customer at least 48 hours' prior written notice of Unscheduled Maintenance where practicable.

12.4 Support services​

1. Customer support is available via live chat inside the Product.
2. Support hours are 8:00 am – 6:00 pm AEST, Monday through Friday, excluding public holidays in New South Wales.
3. One training session is provided at the commencement of the licence period or at the earliest mutually convenient time.

12.5 Log access​

Upon reasonable request, Viostream will provide the Customer with access to logs relating to the Customer's data and services.

13. Copying, transferring or modifying software​

1. The System consists of copyrighted material, trade secrets and proprietary Intellectual Property of Viostream. The Customer may not permit other individuals to use the System except under the terms of this Agreement. The Customer may not decompile, disassemble, reverse-engineer or otherwise display the source code in human-readable form. The Customer may not modify, translate, create derivative works based on the System, or rent, lease, distribute, lend or sublicence the System.
2. In the event of any breach of licence terms, Viostream will send written notice explaining the nature of the breach. If the breach is not cured within seven (7) days, Viostream may terminate the Agreement upon written notice, and the remaining unbilled balance of the total Agreement cost shall be immediately due and payable.

14. Intellectual property rights​

1. The Customer warrants that it has or will acquire the rights to use all Content distributed via the Products. To the best of the Customer's knowledge, the Content is not in breach of any third-party Intellectual Property Rights or moral rights.
2. The Customer acknowledges that all Intellectual Property Rights in the Products are owned by Viostream or its third-party licensors.
3. Viostream warrants that it owns or has good title to use all Intellectual Property Rights associated with the Products and that its licensing to the Customer does not breach any third-party Intellectual Property Rights.
4. Each party consents to the other party reproducing its registered or unregistered trademarks and copyright materials to the extent reasonably necessary for the purposes of this Agreement. Viostream will make every endeavour to consult the Customer before including the Customer's trademarks in press releases or marketing materials.

15. Confidentiality​

1. Unless otherwise required by law or in accordance with this Agreement, each party must keep confidential all information disclosed by the other party that is noted to be confidential or that by its nature may be considered confidential. This includes information relating to the Products, User Documentation, Content and business operations.
2. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.
3. Confidentiality obligations survive termination of this Agreement.

16. Warranties​

1. Viostream warrants that it will provide the Products and Services with due skill and care and in accordance with the service levels specified in this Agreement.
2. Viostream warrants that the Products will perform substantially in accordance with the User Documentation.
3. The Customer warrants that it has the authority to enter into this Agreement and that its use of the Products will comply with all applicable laws.

17. Limitation of liability​

17.1 Australian Consumer Law​

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law in Schedule 2) or any other applicable law that cannot be excluded, restricted or modified by agreement.

17.2 Limitation for implied conditions​

To the extent permitted by law, Viostream limits its liability for breach of any implied condition, warranty or right:

a) in the case of goods: to replacement, repair, supply of equivalent goods, or payment of the cost of the same (at Viostream's election); and b) in the case of services: to supplying the service again or payment of the cost of having the service supplied again (at Viostream's election).

17.3 Exclusion of indirect loss​

Subject to Clauses 17.1 and 17.2, Viostream is not liable for indirect or consequential loss or damage, including loss of profit, revenue, goodwill, data or anticipated savings, whether arising in contract, tort (including negligence) or otherwise.

17.4 Cap on liability​

Subject to Clauses 17.1 and 17.2, and except in the case of death or personal injury caused by wilful or negligent acts, Viostream's total aggregate liability under or in connection with this Agreement shall not exceed the fees paid by the Customer to Viostream in the twelve (12) months immediately preceding the event giving rise to the claim.

18. Indemnification​

1. The Customer indemnifies Viostream against any claim, loss, damage or expense arising from the Customer's Content, breach of this Agreement, or violation of any applicable law.
2. Viostream indemnifies the Customer against any claim that the Products infringe a third party's Intellectual Property Rights in Australia, provided the Customer promptly notifies Viostream of any such claim and provides reasonable assistance.

19. Subcontractors and sub-processors​

1. With the prior written consent of the Customer (such consent not to be unreasonably withheld), Viostream may subcontract any or all of its obligations to a nominated subcontractor.
2. Viostream will ensure that any subcontractor or sub-processor is bound by obligations at least as protective as those in this Agreement with respect to Personal Information and confidentiality.
3. Viostream will provide at least one (1) month's notice before making significant changes to sub-processors that handle the Customer's Personal Information.
4. The Customer must not solicit or entice away any of Viostream's employees during the Term or within twelve (12) months after termination.

20. Force majeure​

1. Neither party will be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure results from causes beyond its reasonable control, including acts of God, natural disasters, fire, flood, pandemic, war, terrorism, civil unrest, government action, strikes, lock-outs, transportation shortages or failure of telecommunications infrastructure.
2. Any delay resulting from force majeure will extend the date for performance by the affected party for the duration of the delay.
3. Either party is entitled to terminate this Agreement if any delay resulting from force majeure continues for a period of sixty (60) days.

21. Governing law and jurisdiction​

This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals therefrom.

22. General provisions​

1. Assignment. Neither party may assign any or all of its rights under this Agreement without the prior written consent of the other party (such consent not to be unreasonably withheld).
2. Severability. If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions remain in full effect.
3. Waiver. No waiver by either party of any right will be implied from anything done or omitted. Any express waiver of a right will not extend to any continuing or subsequent default.
4. Variation. Other than as set out in this Agreement, this Agreement may only be varied in writing signed by authorised representatives of each party.
5. Entire agreement. This Agreement, together with the Order Form and any schedules, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, representations and understandings.
6. Notices. Notices under this Agreement must be in writing and delivered by email to the addresses specified in the Order Form, or to such other address as either party may notify in writing.
7. Modifications to terms. Viostream may update these Terms of Service from time to time. Where changes materially affect the Customer's rights, Viostream will provide at least thirty (30) days' notice. Continued use of the Products after the effective date of changes constitutes acceptance.

23. Contact​

For questions about these Terms of Service, please contact us: