Effective October 12, 2026
Business customer agreement for VIBECAST and ordered VIBEFAST services
1. Parties and acceptance
This VIBECAST Platform Customer Agreement (“Agreement”) is between QuickStream AI, an S corporation (“QuickStream”), and the business or person identified on the applicable order form (“Customer”). It governs Customer’s access to VIBECAST and any VIBEFAST fast-channel services expressly listed in an order form (together, the “Services”).
This Agreement becomes effective when Customer signs an order form, accepts this Agreement electronically, or first uses paid Services. If an executed order form conflicts with this Agreement, the order form controls for that specific conflict. Customer represents that the person accepting has authority to bind Customer.
2. Services and scope
VIBECAST provides white-label video streaming and related web, mobile, and supported connected-TV capabilities, according to the plan and deliverables in the order form. VIBEFAST, if included, provides fast-channel programming or distribution capabilities according to the order form. Services may include onboarding, configuration, hosting, content management, analytics, or app distribution only when specified.
Written estimates are planning targets, not guaranteed launch dates. Website delivery may be targeted in less than 24 hours and OTT app delivery may take 2 to 30 days depending on scope, readiness, third-party review, and app-store approval. No estimate overrides an express written service level or date in an order form.
The Services may rely on third-party hosting, content-delivery networks, payment providers, app stores, device manufacturers, and other providers. Their availability, approval decisions, rules, and changes are outside QuickStream’s control. QuickStream may make reasonable changes to the Services, provided it does not materially remove a paid core feature during a prepaid term without a reasonable substitute or other remedy required by law or the order form.
3. Account and security
Customer must provide accurate account, billing, and administrator information; keep credentials secure; promptly remove access for former personnel; and notify QuickStream of suspected unauthorized access. Customer is responsible for actions taken through its accounts and for its users, contractors, and agents.
Customer must use the Services only for its own authorized business operations and may not resell or sublicense platform access except as expressly allowed in an order form. QuickStream may suspend access when reasonably necessary to address security threats, nonpayment, unlawful activity, material breach, or material harm to the Services. Where practicable, QuickStream will give notice and a reasonable opportunity to cure.
4. Fees, billing, and taxes
Fees, setup charges, included features, usage limits, and any revenue share are set out in the order form. Unless the order form states otherwise, subscriptions are billed annually in advance and one-time setup fees are due as stated in the order form. Any automatic renewal, renewal period, advance notice, and cancellation deadline must be clearly stated in the order form and accepted by Customer.
Customer authorizes the payment method identified in the order form to be charged for amounts properly due. Customer must keep billing details current. Fees are exclusive of applicable taxes, duties, and governmental charges, which Customer is responsible for except taxes based on QuickStream’s net income. Disputed invoices must be identified in writing promptly; undisputed amounts remain payable. Late amounts may accrue interest at the rate stated in the order form, subject to the maximum rate permitted by law.
Except where required by law or expressly stated in an order form, fees paid are non-refundable. QuickStream will provide clear price, renewal, and cancellation disclosures and obtain required consent before processing recurring charges.
AI credits and AI workflows
AI features are sold separately from the platform subscription through one-time prepaid credit packs. There is no monthly AI subscription, per-feature license, or minimum AI commitment. Credits form one balance that can be used for any enabled AI workflow. Credits are account-bound, have no cash value, may not be transferred or resold, and never expire.
Each AI workflow is independent. Customer is charged only for features Customer enables. Credit usage is based on the selected workflow and may be calculated by content duration, language, clip, or question. Hourly workflows are calculated per minute, with a minimum billable duration of five minutes and a minimum charge of one credit per asset. The applicable credit requirement is displayed before submission.
Before a job begins, the platform checks the asset duration and Customer’s remaining credit balance. If the balance is insufficient, the job will not run. Customer cannot be charged for more credits than are available in its balance. Credits are deducted only when a job completes successfully; cancelled or failed jobs are not charged. Customer can view its balance, feature usage, and job history in the content management system. The same balance applies across supported web, mobile, and TV applications, and features may be enabled by title, collection, or automatic ingestion settings.
Credit-pack purchase prices are fixed when purchased. Credit rates for individual workflows may change with at least thirty days’ notice; credits already in Customer’s balance will not be repriced. AI dubbing is not included in credit packs and is quoted separately by project before work begins.
5. Customer content and permissions
Customer retains ownership of videos, audio, images, trademarks, text, subscriber materials, and other content Customer or its users provide (“Customer Content”). Customer grants QuickStream and its service providers a limited, non-exclusive, worldwide license during the term to host, reproduce, encode, transmit, display, and otherwise process Customer Content only as needed to provide, secure, support, and improve the Services for Customer, consistent with this Agreement and the Privacy Policy.
QuickStream does not create, select, endorse, or independently verify Customer Content and has no duty to monitor it. Except for QuickStream’s express obligations under this Agreement and to the extent permitted by law, QuickStream is not responsible for Customer Content or any claim, loss, or damage arising from its accuracy, legality, rights clearance, or publication or distribution. This provision is subject to the indemnification and limitation-of-liability provisions of this Agreement and does not exclude liability that cannot lawfully be excluded.
Customer represents and warrants that it has all rights, licenses, releases, and permissions needed for Customer Content and its distribution, including music, performance, talent, location, publicity, and other third-party rights. Customer is responsible for its programming, editorial choices, advertising, captions, ratings, accessibility, and claims made to viewers.
Customer must not submit content that is unlawful, infringing, deceptive, exploitative, threatening, or harmful; that violates privacy or publicity rights; that exploits or sexually depicts minors; or that contains malware. QuickStream may remove or disable content or suspend an account when reasonably necessary to address a credible legal, rights, safety, security, or policy concern.
6. Customer’s viewers, privacy, and legal compliance
Customer operates its branded streaming service and has the direct relationship with its viewers and subscribers. Customer must publish and maintain its own viewer-facing terms of service and privacy notice, and cookie notice where applicable, that accurately describe its service, content, subscription prices, billing and cancellation, refunds, data practices, and viewer support contact.
Customer is responsible for complying with laws applicable to its content and viewer relationships, including consumer protection, subscription billing, privacy, children’s privacy, accessibility, advertising, tax, and intellectual-property laws. Customer must obtain legally required consents, provide legally required notices, implement age restrictions where appropriate, and handle viewer requests and complaints assigned to Customer.
Where QuickStream processes personal information on Customer’s behalf, the parties will follow the applicable privacy terms and any data processing addendum (“DPA”) signed by the parties. The DPA must describe roles, processing instructions, security, subprocessors, and data-subject request support. The parties should execute a DPA before production use when personal information is processed on Customer’s behalf.
7. Copyright notices and takedowns
Customer must promptly respond to rights complaints and provide evidence of its authorization to distribute disputed content. QuickStream may disable access to material reasonably believed to infringe or to create legal exposure and may suspend repeat infringers. Send copyright notices to Andrew Rivers at Andrew@quickstream.ai.
8. Intellectual property and feedback
QuickStream and its licensors retain all rights in the Services, software, templates, designs, documentation, and underlying technology. QuickStream grants Customer a limited, non-exclusive, non-transferable right during the subscription term to access and use the Services for the purpose stated in the order form. Customer may display QuickStream technology only as needed to operate its branded service.
Customer grants no ownership in its brand or Customer Content. If Customer provides suggestions, QuickStream may use them without restriction or payment, provided it does not disclose Customer’s confidential information. Neither party receives rights to the other party’s trademarks except as expressly authorized in writing.
9. Confidentiality
A receiving party will use the disclosing party’s nonpublic business, technical, or financial information only to perform or receive the Services, protect it with reasonable care, and disclose it only to personnel and providers who need it and are bound to protect it. Confidentiality obligations do not apply to information that is public without breach, independently developed, rightfully received from another source, or required to be disclosed by law after reasonable notice where permitted.
10. Term, termination, and content export
The initial term and any renewal term are stated in the order form. Either party may terminate for a material breach not cured within 30 days after written notice, or immediately where the breach is incapable of cure, poses an urgent security or legal risk, or applicable law requires. QuickStream may suspend Services for overdue undisputed amounts after reasonable notice and an opportunity to cure.
On expiration or termination, Customer’s right to use the Services ends. Customer should export its Customer Content before termination. For 30 days after termination, QuickStream will make Customer Content available for export if technically feasible and Customer has paid amounts due, unless law, a security risk, or a third-party restriction prevents it. After that period, QuickStream may delete Customer Content subject to backups, legal retention duties, and the DPA. Any longer export window or migration assistance must be stated in the order form.
11. Warranties and disclaimers
Each party warrants that it has authority to enter into this Agreement. QuickStream will provide the Services in a professional manner consistent with the applicable order form. Customer’s exclusive remedy for a material failure of this warranty is for QuickStream to use commercially reasonable efforts to correct the failure; if it cannot do so within a reasonable time, Customer may terminate the affected Services and receive a prorated refund of prepaid, unused recurring fees for those terminated Services, except where the order form provides another remedy.
Except for the express commitments in this Agreement and to the extent permitted by law, the Services are provided “as is” and “as available.” QuickStream disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. QuickStream does not warrant uninterrupted streaming, a particular audience size or revenue, approval by an app store, compatibility with every device, or performance of third-party services.
12. Indemnification
Customer will defend QuickStream against third-party claims alleging that Customer Content or Customer’s use of the Services violates a third party’s intellectual-property, privacy, publicity, or other rights, or that Customer’s service or conduct violates law; and Customer will pay damages and reasonable legal fees finally awarded or agreed in settlement, subject to notice and control of the defense.
QuickStream will defend Customer against a third-party claim that the unmodified Services, as provided by QuickStream and used as authorized, infringe a U.S. copyright, trademark, or patent, and will pay damages and reasonable legal fees finally awarded or agreed in settlement. QuickStream may modify the Services, procure continued use, or terminate the affected Services and refund prepaid unused recurring fees if those options are commercially unreasonable. This protection does not apply to claims caused by Customer Content, Customer modifications, combinations not supplied by QuickStream, or use outside this Agreement.
The party seeking indemnity must give prompt written notice, allow the indemnifying party to control the defense and settlement, and provide reasonable cooperation. No settlement may impose liability or an admission on the protected party without its written consent.
13. Limitation of liability
To the extent permitted by law, neither party is liable to the other for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, or data, arising from this Agreement, even if advised of the possibility.
Except for excluded claims below, each party’s total aggregate liability arising out of this Agreement will not exceed the fees paid or payable by Customer to QuickStream under the applicable order form during the 12 months before the event giving rise to the claim. This cap does not limit Customer’s payment obligations, either party’s indemnity obligations, breach of confidentiality, misuse of the other party’s intellectual property, or liability that cannot lawfully be limited.
14. Governing law and general terms
This Agreement is governed by Florida law, without regard to conflict-of-law principles. The state and federal courts located in Brevard County, Florida have exclusive jurisdiction, subject to nonwaivable rights and any mandatory forum required by law.
Neither party is liable for delay caused by events beyond its reasonable control, excluding payment obligations. Customer may not assign this Agreement without QuickStream’s written consent, except as part of a merger or sale of substantially all its assets to a successor that assumes this Agreement. QuickStream may use qualified subcontractors and subprocessors while remaining responsible for its obligations. This Agreement, its order forms, the Privacy Policy, and any DPA are the complete agreement on the Services. Amendments must be in writing, except for updates allowed by law and the Privacy Policy. If a provision is unenforceable, the rest remains in effect. Notices must be sent to the email and addresses in the order form.
15. QuickStream contact
QuickStream AI (S corporation)
Attention: Andrew Rivers
Legal notices and support: Andrew@quickstream.ai | (305) 467-8887