Terms & Conditions

Tangram Free offers you (the “Customer” or “You”) its video encoding services through its decentralized platform, using peer-to-peer technology provided by the Tangram network members (the “Free Services”). The Free Services are offered by Tangram Technologies S.r.l., a limited liability company, with registered address at Via Canonica 29, Milan, Italy, registered with the Italian trade register under the number [__________] (“Tangram” or “Us”).

Tangram Free is free of charge and no registration is required. In order to use your Free Services, you only have to indicate your email address and consent to our Terms & Conditions Tangram Free and our Tangram Privacy and Cookie Policy.

The Customer who chooses to use our Free Services is bound by our Terms & Conditions Tangram Free and the Tangram Privacy & Cookie Policy, available at the following link (jointly, the “Terms & Conditions”). By consenting to the use of our Free Services through clicking the Tangram consent boxes for the Terms & Conditions Tangram Free and the Tangram Privacy & Cookie Policy, the Customer has accepted to adhere to our Terms & Conditions. We may from time to time change and adapt our Terms & Conditions and publish them on our website, without giving the Customer specific notice thereof. The Customer accepts any version of, and is bound by, our Terms & Conditions that are applicable at any given time.

We will encode the Customer’s video content (the “Content”), by simultaneously using peer-to- peer technology applied by Tangram’s own processing network members (the “Agents”). The Customer’s Content, sent through our website to Tangram’s servers (the “Tangram Hub”) will be split into various fractions and each Agent only receives one fraction per Content to encode. The simultaneous encoding activity by multiple Agents will guarantee a faster, more efficient and safer encoding service as each Content will only be encoded partially by any one Agent.

The Agents will encode the fragments and send them back to the Tangram Hub. After having received all the fragments from the Agents and after having performed quality checks on the Content, Tangram will send out the fully encoded Content back to the Customer, by sending it/him/her an email to the email address provided by the Customer. The email contains an activation link that allows the Customer to download the Content. The Customer is aware and accepts that any person in possession of the email address provided by the Customer to Tangram may access the encrypted Content through the activation link. For our encoding Free Services, we use our servers and have also rented additional server capacities from third-party providers (see hereto in our Privacy & Cookie Policy). All of your Contents are transferred exclusively in encrypted form.

The activation link sent to the Customer by email is only valid for a time frame of 3 to 24 hours, based on the available capacity of the Tangram Hub at any given time. After that, the Content will be automatically cancelled from the Tangram Hub. Given that Tangram will provide its free Services contemporarily to various Customers, Tangram may limit the size of Content acceptable for encoding at any given time.

Tangram is under no obligation to provide maintenance and support services for its Customers. We will endeavor to answer all requests addressed to Us by email but will be under no obligation to do so. Should a Customer face any problem in downloading its/his/her Content, it/he/she would be well advised to contact Us within the timeframe for downloading indicated in the email sent to the Customer, in order to avoid cancellation of the Content.

We constantly update and improve our systems in order to improve the quality of our Free Services. Necessary maintenance services which might temporarily impair our Free Services will be published from time to time on our website.

The Customer acknowledges and confirms that Tangram and any potential licensors own and retain all rights, title and interest in and to any and all worldwide intellectual property and proprietary rights in relation to the Free Services, the Tangram Hub, the App and any software and algorithm Tangram or any of its affiliated companies or persons (the “Affiliates”) may have created, developed, discovered or invented from time to time, including, but not limited to, all licenses, copyrights, patent rights, trademarks, know-how, data, inventions, algorithms, calculations, software programs and trade secret rights. The Customer further acknowledges that it/he/she shall have no rights with respect to any of the foregoing other than the rights of use expressly set forth in our Terms & Conditions.

Tangram acknowledges and confirms that the Customer, its/his/her potential licensors or any third party for or on behalf of which it/he/she makes use of our Free Services, owns and retains all rights, title and interest in and to any and all worldwide intellectual property and proprietary rights in relation to the Content sent to the Tangram Hub. The Customer hereby confirms to have all permissions and authorizations by any third party in relation to the use of the Content and the use of our Free Services for the encoding of such Content. Tangram expressly declines any and all responsibility to the Customer or any third party regarding the ownership of, or authorization to use of, the Content.

Tangram may use the Customer’s data and Content in anonymous form (not revealing the Customer’s identity and not revealing the Content itself) to improve and market its Free Services in newsletters or other media to new Customers and the Customer expressly consents to Tangram’s right to use of data and Content for this purpose.

If the Customer is an individual, he/she may use the Tangram Free Services if he/she is at least 16 years old. Tangram reserves the right to make inquiries and ask the Customer for proof of age, should it have any doubt as to the age of the Customer. Should the Customer not answer any such requests by Tangram, Tangram may refuse to provide Free Services to the Customer.

The Customer is aware that Tangram will provide Free Services contemporarily to various Customers and may allocate usage limits to its Customers as it deems fit in its own discretion.

The Customer shall use the Free Services in a proper way and exclusively for the purpose described under Section 1 . The Customer shall refrain from interrupting, disturbing or otherwise interfering with the provision of Free Services by Tangram, in line with our Terms & Conditions.

By consenting to our Terms & Conditions, the Customer acknowledges and confirms that it/he/she will not send to the Tangram Hub Content to the use of which the Customer is not authorized for any reason, or which feature or contain (in Tangram’s sole discretion) any of the following:

• defamatory, libelous or slanderous content in relation to in real life existing persons or entities;

• child pornography;

• content of hate speeches or any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence whether or not prohibited by any law or regulation (being solely permitted if featured in motion picture movies, documentaries or other videos of artistic or informative value);

• grossly obscene or unlawful content (being solely permitted if featured in motion picture movies, documentaries or other videos of artistic or informative value);

• any (a) malicious software, such as viruses, adware, bots bugs, rootkits, spyware, Trojan horses or any other malware or cookies that may be used to compromise, copy or spy on the security, functionality or confidentiality of the Tangram Hub or are used to jeopardize or cause harm in any way to any of the receiving hardware and software of Tangram and (b) any form of auto-responders or spam; and

• in general content, which infringes, violates or misappropriates any third-party rights or any applicable laws or regulations.

The Customer is solely responsible and liable for the Content and Tangram expressly declines any and all responsibility to the Customer or any third party regarding the Content.

Tangram reserves the right to alter, modify, temporarily suspend or discontinue the Free Services at any time and for any reason, and the Customer shall have no right to indemnification of any kind for Free Services not completed.

The Customer is aware and consents to Tangram’s right to delete at any time and for any reason any data and Content provided by the Customer that is stored on Tangram’s system or servers, and Tangram expressly declines all responsibility in this respect. It is in the sole responsibility of the Customer to keep copies of the Content provided to Tangram, and only provide Tangram with copies of the Content.

The Customer is aware that Tangram Free is a beta service version offered to Customers for trial purposes and is provided “as is” without any warranty of any kind in relation to the Free Services, whether express or implied, oral or written.

By consenting to our Free Services, the Customer accepts any risk involved in using the Free Services and waives any rights it/he/she might have in this respect. Although applying best efforts to protect the Customer’s Content and to provide excellent and correct Free Services to the Customers, Tangram also declines any and all responsibility or failures in the Free Services, for Free Services not timely, fully or correctly completed and for unauthorized access, breach of firewalls or hacking by any third party of the Content.

Tangram shall in general in no event be held liable or responsible for any direct, indirect or consequential damage, loss, harm, injury, fraud or other disadvantage or negative consequences of any kind, suffered by the Customer or any party represented by it/him/her or any third party, in relation to the Free Services provided by Tangram and/or the Content provided by the Customer.

Without prejudice to the foregoing, Tangram and the Customer shall keep confidential, shall not publish or otherwise disclose and shall not use directly or indirectly for any purpose (except as stated otherwise in our Terms & Conditions) any information received by the other party or its/his/her respective Affiliates in relation to the Free Services and Content, provided that the foregoing shall not apply to any such information that is required to be disclosed by law, order or regulations of any governmental authority or to establish or enforce any rights under our Terms & Conditions.

These Terms & Conditions Tangram Free shall be valid and applicable to the Customer as of the moment of its/his/her clicking the “I consent” boxes to our Terms & Conditions on our website, until the termination of the Customer’s use of our Free Services.

Tangram and the Customer may terminate the Free Services at any time for any reason and with immediate effect, by notifying the other party by email.

In the event of the Customer violating or threatening to violate any of the provisions of our Terms & Conditions, Tangram reserves the right to (a) immediately suspend the Free Services by blocking, removing and/or deleting the Customer’s Content from its servers, (b) investigate and research any suspected wrongdoing by the Customer, and (c) claim damages from the Customer for any claims, liabilities, losses, damages and/or expenses it might have or be threatened with.

Tangram shall immediately inform the Customer of any notice & take down request brought to its attention by any third party regarding contested or alleged intellectual copyrights of the Customer’s Content. Tangram reserves the right to suspend its Free Services and block the Content from Tangram’s servers at its own discretion; it shall not be obliged to verify the claims of potential third-party rights regarding the intellectual property rights of the Content.

The Customer shall hold Tangram harmless from, and indemnify it against, any and all claims, liabilities, losses, damages and/or expenses brought against Tangram or any of its Affiliates by any third party and arising out of or in connection with the Content provided or the use of the Free Services by the Customer or the violation of these Terms & Conditions, regardless of any wrongdoing on the part of the Customer or the substantiation of any such claim brought forward against Tangram.

a. Privacy & Cookie Policy

Please refer to our Privacy & Cookie Policy published on our homepage [include link here].

b. Jurisdiction

All disputes arising out of or in connection with these Terms & Conditions Tangram Free shall be submitted to the exclusive jurisdiction of the courts of Milan, Italy.

c. Governing Law

These Terms & Conditions Tangram Free shall be governed in all respects, including validity, interpretation and effect thereof, by Italian law, without regard to principles of conflicts of law.