Termos de Uso do SmartTV Club

“Agreement” means this Terms of Service Agreement.

“Application” shall mean computer-based software or an Internet-accessible system that interacts with a user.

“Content” means any information, text, graphics, videos, photos or other materials uploaded, downloaded or appearing on the SmartTv Club Service any content used with the SmartTV Club Service.

“Error” means a reproducible failure of the SmartTV Club Service to substantially conform to the Documentation.

“SmartTV Club” means SIA Anigan, Nr: 40203354621 Dzirnavu street 73 – 2, Rīga, LV-1011.

“SmartTV Club Service” means the products and services, as described in an applicable Order Form, that are ordered by the License holder under an Order Form and delivered by SmartTV Club to the License holder using the SmartTV Club System.

“SmartTV Club System” means the technology, including hardware and software, used by SmartTV Club to deliver the SmartTV Club Service to License holders.

“Order Form” means the online order form where you place an order for SmartTV Club services.

“User” means either an Authorized User or License holder.

IMPORTANT
SmartTV Club provides a player that allows users to watch content that they already have access to via the internet streaming process, whether it is owned by them or a third-party provider. SmartTV.Club does not offer any content such as channels, movies, or playlists on its own. It is the responsibility of the user to upload any content inside the app, whether it is a playlist from their IPTV provider using an EPG URL, M3U URL, or a playlist file saved in their local storage. Purchasing a monthly or annual license indicates users' acknowledgment that they have been utilizing the app without significant issues for over 30 days, thereby making them eligible as license holders, without the potential for refund requests based on prior issues.

These Terms of Use govern your use of our service. As used in these Terms of Use, “SmartTV Club service”, “our service” or “the service” means features and functionalities, recommendations and reviews, our websites, and user interfaces.
  1. Membership 1.1. Any individual utilizing the SmartTV Club software is considered a member. The phase during which a user utilizes the app without a license is defined as a "TRIAL period." Nevertheless, the terms and conditions specified in the "3.6 Free Services" section still apply. SmartTV Club retains the prerogative to conclude the trial period at its discretion and present the user with a licensing plan tailored to their requirements. No payment information is required during the trial period

    1.2. We have the flexibility to provide a variety of licensing options, including licenses offered in collaboration with third-party providers who offer their products and services. Specific terms and restrictions for various licensing plans will be made transparent during your registration process or through other accessible communications.

    1.3. Your SmartTV Club license remains in effect until it is terminated. To access the SmartTV Club service, you are required to have an internet connection and a compatible SmartTV Club device. Additionally, you must furnish us with a valid Payment Method, which may be updated periodically, including the option to pay through a third-party account. Unless you cancel your license before the next billing date, you grant us authorization to charge the corresponding license fee for the upcoming billing cycle. This includes instances of cancellation as outlined in the "Cancellation" section below or when SmartTV Club decides to terminate the license due to violations of our policies and/or terms and conditions.
  2. Promotional Offers

    We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by SmartTV Club at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent SmartTV Club active license may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment, country or an account email address used with an existing or recent SmartTV Club license to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
  3. Billing and Cancellation

    3.1. License Duration. The duration of your license period depends on the type of license you select after the trial period when you purchase the license to use our software and services. There may be instances where your payment date changes, such as when your Payment Method fails to process, when you switch to a different license plan, or if your paid license started on a date that isn't found within a typical calendar month. To view your upcoming payment date or to cancel your license, please visit the "My Licenses" section on the "Account" page of the SmartTV.Club website. If you initially registered for SmartTV Club using a third-party account as your Payment Method, you can access billing information for your active license by visiting your account on the respective third-party platform.

    3.2. Payment Methods. To utilize the SmartTV Club service as a license holder, you are required to furnish a VALID email address and one or more Payment Methods. By doing so, you grant us permission to charge any Payment Method linked to your account in the event that your primary Payment Method is declined or becomes unavailable for covering your upcoming license fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

    3.3. Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

    3.4. Cancellation. You have the option to terminate your SmartTV Club license at any point, and you will retain access to the SmartTV Club service until the conclusion of your billing period. It's important to note that all payments beyond the initial 30 days are non-refundable, and we do not offer reimbursements or credits for any partial periods of your license or unused services. To initiate the cancellation of your license, please navigate to the "Account" page and adhere to the provided cancellation instructions. Should you opt to cancel your license, your account may be automatically deactivated at the conclusion of your current billing period.

    3.5. Modifications to Pricing and License Plans: It is possible that we might make adjustments to our license plans and the pricing of our service on occasion. Nonetheless, any alterations to pricing or license plans will come into effect no sooner than 30 days following prior notification to you.

    3.6. Free Services. If you receive a free or non-subscribed access license ("Free Access License") to the SmartTV Club, then you may use the SmartTV Club in accordance with the terms and conditions of this Agreement. SmartTV Club may terminate or immediately suspend your Free Access License at any time for any reason without liability to you. You acknowledge that your Free Access License may not be complete or fully functional and may contain bugs, errors, omissions, and other problems. NOTWITHSTANDING ANYTHING IN THIS Agreement TO THE CONTRARY, SmartTV Club WILL HAVE NO WARRANTY, INDEMNITY, OR SUPPORT OBLIGATIONS WITH RESPECT TO FREE ACCESS LICENSE OR BETA RELEASES.

    3.7. Paid services. Subject to the terms of this Agreement, an Order Form, and payment of applicable fees stated therein, SmartTV Club hereby grants to you, during the term of this Agreement, a non-exclusive, non-transferable, non-sublicensable right to use the SmartTV Club Service, for your internal business purposes solely as necessary to develop, maintain and support the Authorized Products; and access and use the SmartTV Club Service solely as necessary to distribute and support the applicable Content you provide to SmartTV Club to make available to the appropriate End Users of the Content. SmartTV Club reserves all rights not expressly granted herein in the SmartTV Club Service

    3.8. Usage Limits. The SmartTV Club Service is subject to usage limits, for example, each license to the SmartTV Club Service may be used in association with a single Device ID and has entitlement to the usage limits set forth in an applicable Order Form
  4. SmartTV Club Service

    4.1. You must be at least 18 years of age to become a member of the SmartTV Club service. Minors may only use the service under the supervision of an adult.

    4.2. The SmartTV Club service is for your personal and non-commercial use only and may not be shared with individuals beyond your household. Throughout the duration of your active SmartTV Club license, we provide you with a restricted, non-exclusive, and non-transferable privilege to utilize the SmartTV Club service. You commit not to utilize the service for public presentations.

    4.3. You may access the SmartTV Club service primarily within the country in which you have established your account and only in geographic locations where we offer our service. The services that may be available will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen license plan and is specified on the “Account” page.

    4.4. The SmartTV Club service is regularly updated. In addition, we continually test various aspects of our service, including our websites, user interfaces, promotional features and availability of SmartTV Club content.

    4.5. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the SmartTV Club service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the SmartTV Club service; use any robot, spider, scraper or other automated means to access the SmartTV Club service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the SmartTV Club service; insert any code or product or manipulate the content of the SmartTV Club service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the SmartTV Club service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

    4.6. The quality of the display of the content that SmartTV Club provides may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection as well as the quality of the content that you own. The minimum connection speed for SD quality is 3.0 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 15.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 4K or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching the content that you have access to via the SmartTV Club will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your SmartTV Club ready device

    4.7. SmartTV Club software is developed by, or for, SmartTV Club and may solely be used for authorized streaming through SmartTV Club ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party licenses or software. You agree that you may automatically receive updated versions of the SmartTV Club software and related third-party software.
  5. Passwords and Account Access.

    5. 1. Account Management: You are solely responsible for the security and management of your account credentials. This includes your username, password, and any other authentication information associated with your account. You must take appropriate measures to safeguard this information and prevent unauthorized access. The member who created the SmartTV Club account and whose Payment Method is charged (the “Account Owner”) is responsible for any activity that occurs through the SmartTV Club account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the SmartTV Club ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account including a valid EMAIL address. We can terminate your account or place your account on hold in order to protect you, SmartTV Club or our partners from identity theft or other fraudulent activity.

    5.3. Email Accuracy: When acquiring a license, it's imperative to furnish a valid and precise email address. Any email address provided must be under your ownership or have explicit authorization to use. We are not responsible for any consequences resulting from the use of an incorrect, invalid, or unauthorized email address.

    5.4. Login Issues and Loss of Email Access: In the event that you experience login issues due to a lost email account or any other reasons related to email access, you understand and accept that you are solely responsible for resolving these matters. We do not bear responsibility for any disruptions, losses, or consequences arising from your inability to access your email.
  6. Miscellaneous

    6.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of Latvia. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

    6.2. Unsolicited Materials. SmartTV Club does not accept unsolicited materials or ideas for SmartTV Club services or content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SmartTV Club.

    6.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the SmartTV Club FAQ. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not request the support.

    6.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

    6.5. Changes to Terms of Use. SmartTV Club may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you.

    6.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You are accountable for having a functional and valid email address

    Last Updated: October 1st, 2023

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