• Germany
  • Switzerland
  • Austria

General Terms and Conditions of Business

PREAMBLE

Zattoo defines the services provided to Zattoo Europa AG. Additional information is available in the imprint. Zattoo is an online platform operated by

Zattoo Europa AG
Baslerstrasse 60
CH-8048 Zurich

Tel.: +41 43 500 21 00
E-Mail: info@zattoo.com

Commercial Trade Register -Nr. CHE-109.852.725
Commercial Trade Registry of the Canton Zurich

offering diverse services, in particular, with regard to streaming TV channels. The services are available on several end devices, e.g. web browser (e.g. www.zattoo.com) and (mobile) Apps, in particular Apps for mobile end devices, Smart-TVs and Set-Top-Boxes or Streaming-Boxes, or other applications (software, such as the Zattoo-Player). The services may be financed by advertisement and are free of charge, or are subject to full or partial charges, depending on criteria, such as region, resolution and end device. Services subject to charges are explicitly defined. The scope of the services available may differ by region; more specifically, certain TV channels available in one country may not be available in other countries. By registering as a Zattoo user, you accept the following General Terms and Conditions (T&C) for the use of Zattoo. These General Terms and Conditions (T&C) shall apply for Zattoo users residing in Germany.

  1. REGISTRATION AND SCOPE OF USE

    1. The Zattoo offer addresses persons from the minimum age of 16 years; only these persons are entitled to register for services. The use of Zattoo may be subject to fees for certain services or in its entirety.
    2. Upon completion of the registration process and the receipt of the registration, the user will immediately receive an electronically generated confirmation, where upon registration is accepted. The contractual agreement between the user and Zattoo shall be valid upon acceptance of the registration. More specifically, acceptance may also be indicated conclusively, by activating the Zattoo services.
    3. The user confirms that all data provided within the scope of registration are true and complete.
    4. The user may utilize Zattoo and its available services for personal use only and must refrain from commercial use. Transferring a user account to third parties is prohibited.
    5. The scope of available services may differ by region; more specifically, certain TV channels available in one country may not be available in other countries. In addition, the availability of services may also depend on the end device and/or the available internet access, for instance, certain TV channels, potentially differentiating by region, may not be accessible through mobile communication. Details are available within the scope of the respective offer.
    6. A service may generally be used on all end devices supported by Zattoo. Restrictions, particularly technical restrictions, are outlined in the respective offer.
  2. SERVICES SUBJECT TO CHARGE

    1. The fee payable for utilizing a chargeable service is defined in the respective offer. The scope of services and potential restrictions are outlined there as well.
    2. By paying the service fee the user is only entitled to utilize services available on designated end devices in the countries defined in the offer. Zattoo shall provide an overview of available chargeable services, the scope of service, service term and fees including VAT.
    3. Placing an order, especially by clicking on the button “order subject to fee“, does not constitute a contract: the user only places an order. Prior to sending the order, the user may change and/or review his data at any time. When the order is submitted, the user shall receive an electronic order confirmation immediately, where upon the order has been accepted. The contractual agreement between the user and Zattoo shall be valid only if the order has been accepted. More specifically, acceptance may also be indicated conclusively, by activating the Zattoo services.
    4. The fee is due for the entire term. The payment methods outlined within the scope of the offer, such as credit cards and PayPal, shall be accepted. The payment is generally processed by the service provider contracted for processing the payment. If the contractual service provider integrates his own General Terms and Conditions, these shall apply explicitly to the payment process. The user must have a user account with the service provider. If fees cannot be debited, the user shall be responsible for the costs incurred, if he has caused the incident resulting in additional expenses. Zattoo may send an invoice to the user via e-mail.
    5. Zattoo is only a platform provider for the service which allows you to access the foreign language packages from our cooperation partner Polytel. Provider of the foreign language package is Polytel International GmbH, Esplanade 41, 22041 Hamburg, Germany.
    6. Simultaneous use of chargeable services on multiple end devices is prohibited, unless explicitly authorized within the framework of the offer.
    7. If the user does not remit the fee or the remittance is denied, Zattoo is entitled to block access to certain, or all, Zattoo services.
    8. The contractual agreement is executed in German. Zattoo will save the contract and send a copy of the order data and the General Terms and Conditions to the user via e-mail.
  3. LIMITED TIME TRIAL OFFERS

    Zattoo may offer chargeable services free of charge for a limited period of time (“trial offer“). The selection of users entitled to participate in a trial offer is at the discretion of Zattoo. Zattoo may revoke the provision of a trial offer for justifiable reasons or change the scope of service at any time. Zattoo can request the user’s payment information at the beginning of the trial offer. Zattoo may then charge the user for the future use of the chargeable services after the trial offer expires. The user shall be advised within the context of the offer and must agree. The user is entitled to cancel the trial offer subscription 48 hours prior to expiration of the trial period. Otherwise the trial offer shall be converted to a chargeable service.

  4. REVOCATION INSTRUCTIONS

    a. If you are a consumer pursuant to § 13 BGB (German Civil Code) the following revocation instructions shall apply.

    Cancellation Rights

    You are entitled to cancel this contract within 14 days without stating a reason. The cancellation period is 14 day from the day of contract execution. To exercise your revocation right, you must notify us at (Zattoo Europe AG, Baslerstrasse 60, CH-8048 Zurich, Switzerland, E-Mail: legal@zattoo.com) of your decision to cancel the contract with an unobscured statement (e.g. letter sent via postal service, fax or e-mail). You may use the enclosed sample cancellation form, but using this form is not mandatory. To comply with the cancellation term, it is sufficient to send us your message indicating your intent to exercise the cancellation right prior to expiration of the cancellation term.

    Consequences of Cancellation

    If you are cancelling this contract, we are obligated to reimburse all payment rendered by you, including shipping costs (with the exception of additional costs resulting from your choice of a different shipping mode than the cost-effective standard shipping offered by us), immediately and no later than within 14 days from the date your cancellation was received by us. We will use the same payment method for reimbursement that you have used for your initial transaction, unless we have explicitly reached a different agreement with you; at no time are you subject to fee deductions due to this reimbursement. The right to cancel a contract for providing services shall be invalid if the company has rendered the services in full and has provided the services after the consumer has stated his explicit consent and has acknowledged and consented to forfeiture of his cancellation right after services have been fully rendered by the company.

    End of Cancellation Instructions

    b. Sample Cancellation Form (If you would like to cancel your contract, please fill out this form and return it).

    Zattoo Europa AG (Europe)
    Baslerstrasse 60
    CH-8048 Zürich
    Switzerland
    E-Mail: legal@zattoo.com

    – I/we herewith cancel () the contract entered by me/us regarding the purchase of the following goods ()/ the following – Services () – Ordered on ()/received on (*) – Name of customer(s) – Address of customer(s) – Signature of customer (s) (only for hard copy correspondence) – Date

  5. USER’S OBLIGATIONS

    1. The user is not entitled to disclose the access data provided or used for authentication and identification to third parties. The user is also not entitled to make this data accessible to, or pass this data on to, third parties.
    2. Zattoo uses technical measures for regional restriction (geo-filtering). The user agrees not to circumvent the technical measures used. The user also agrees to refrain from circumventing access control systems for chargeable contents and/or using other measures for unauthorized use of Zattoo, or contents posted on Zattoo.
    3. The user agrees to refrain from posting or distributing contents on Zattoo that violate the law, official orders or morals. Posting or distributing contents violating third party rights are prohibited. This also applies to pornographic contents, contents harmful to minors and propaganda materials of anti-constitutional organizations or parties.
    4. The user may utilize Zattoo for his own personal purpose only. The user may not grant user access or of the services to third parties, e.g. an undefined group of people by utilizing the services in the public sector, such as cinemas, theaters, exhibitions show-rooms, hotels, bars restaurants or other public establishments. Receiving or forwarding contents as well as services in the aforementioned environments are illegal and in violation of third party rights, in particular, copyrights.
    5. The user is not entitled to delete/remove or obscure copyright notices or references to brand names/trademarks or other protective rights of Zattoo, affiliated or third party companies associated with Zattoo.
    6. The use of Zattoo may be reserved for persons meeting certain requirements (e.g. legal age). The user is responsible for ensuring that the services provided are only available to persons meeting the above requirements. The user specifically agrees to compliance with the regulations for the protection of minors from harmful media contents.
  6. SPECIALIZED SERVICES

    1. Applications (“Apps“)
      1. If the user accesses the services via an app, especially from cellular telephones, tablets, smart TVs, set-top-boxes and/or streaming boxes and has downloaded the app from the app-store of a third party, more specifically a regular producer of the end devices’ operating system (iTunes for iPhone and iPad, Google Play Store for Android or any other app store), the General Terms and Conditions of the app store shall also apply. In the event of contradictions these user conditions shall supersede the General Terms and Conditions of the app store.
      2. The individual purchase steps for chargeable services are available in the description of the app and/or the third party app store.
      3. The provider of apps from the respective app store may influence the available chargeable services, and/or its terms or extension. Depending on the respective app store, the chargeable services may expire at the end of the agreed upon term without requiring a cancellation, or the contract term may extend for a certain period of time or indefinitely. Details are available in the app’s respective offer, and/or the app store’s General Terms and Conditions. To some extent app-stores may offer options to cancel chargeable services through an app-store menu option.
      4. The payment methods operated by certain service providers outlined within the framework of the proposal are accepted. This may also include payment methods offered by the respective app-store operators. If the service provider includes his own General Terms and Conditions on individual basis, these provisions shall apply explicitly for payment processing. The user may have to open a user account with the service provider.
      5. An app is a copyright-protected software program. The user shall be granted a simple, non-exclusive, non-transferrable and revocable right to personal use. The user is not entitled to decompile, modify or edit the app beyond the statutory limitations. The user is further prohibited from assigning, renting or transferring the app or its contents in any manner.
      6. The user must take into consideration contractual third party agreements, particularly with the app store and/or its internet provider when using the app.
      7. When downloading or using the app, especially on third party networks or a foreign country, the user may be subject to transfer costs charged by his internet provider.
  7. ADVERTISING

    Zattoo is entitled to use advertising materials, e.g. when activating the services or a TV channel. The user can skip this type of advertisement to the extent legally permissible based on the information provided by the user or his use of services.

  8. PRIVACY ACT

    Details regarding the protection and use of data provided to Zattoo by the user are available in the Privacy Act Declaration. The Privacy Act Declaration is a component of these general terms and conditions.

  9. LIABILITY LIMITATIONS AND EXEMPTIONS

    1. Zattoo is only liable based on the following conditions: Zattoo is liable without limitation for damages for which Zattoo, its legal representative, management or sub-contractors are responsible due to intentional or grossly negligent actions. Zattoo shall not be liable in cases of minor insignificant contractual violations. With regard to violation of contractual obligations (compliance with obligations the contractual partner had the right to expect, and compliance is imperative for proper contract implementation), Zattoo’s liability for minor negligent damages is limited to those damage occurrences to be anticipated within the scope of the respective contractual agreement. This also applies to minor negligent violation of obligations by Zattoo’s legal representative, management or sub-contractors. The above liability limitation does not apply to malicious acts, injury to life, body and health, warranty violations and entitlement from product liability.
    2. The user agrees to indemnify Zattoo, its primary company, subsidiaries, affiliated companies, management staff, directors, employees, agents, vendors or sub-contractors from all third party claims, filed against one or all above-mentioned individuals resulting from the user violating his obligations from these General Terms and Conditions and/or the applicable laws. The user shall be responsible for all appropriate costs incurred by Zattoo. The user is entitled to proof that Zattoo has actually incurred lesser costs. The aforementioned indemnity obligation does not apply, if the user is not responsible for the violations.
  10. CONTRACT TERM, TERMINATION, REIMBURSEMENTS

    1. Zattoo is providing diverse services with variable terms. Unless otherwise indicated in the offer, the contract for the respective chargeable services is valid for the subscribed minimum term. Thereafter the contract shall be extended by the subscribed minimum term if it has not been terminated more than 48 hours prior to expiration of the minimum term/extension term with effect to the end of the respective term by the user or Zattoo. The user is entitled to use the service after termination up to the end of the term. The chargeable services can be cancelled in the user-account or, if purchased from an app store, as outlined [here](https://support.zattoo.com/hc/en-us/articles/204312263, or via e-mail to legal@zattoo.com. If Zattoo is terminating the service agreement; via the email address provided by the user during registration. The right to termination for an important reason shall remain unaffected.
    2. If the contract only applies to free services, the contract may be cancelled by the user or Zattoo with a fourteen day notice via e-mail to legal@zattoo.com or via the email address provided by the user during registration.
    3. An important reason for extraordinary termination of the contract is present if continuation of the contractual agreement up to the expiration date of a proper termination is not feasible under consideration of all case-related circumstances and interests of the user. Important reasons for Zattoo specifically include the following events: The user’s violation of the law; The user’s violation of essential contractual obligations. A prior warning is not required.
    4. In the event Zattoo terminates a contract according to 10.3, as well as termination by the user, reimbursement of pre-payment of fees is excluded, unless the user terminates for an important reason based on the Zattoo scope.
  11. GENERAL CONDITIONS

    1. Transferability The user may not transfer or assign rights or obligations derived from these General Terms and conditions to third parties. Zattoo is entitled to transfer or assign rights or obligations derived from these General Terms and conditions to a third party. Zattoo shall notify the user of the transfer in writing; the user is entitled to exercise his extraordinary termination right. The termination notice must be received by Zattoo in writing within 14 days after receipt of the transfer notice.
    2. Amendments and Addendums Zattoo reserves the right to amend these General Terms and Conditions, provided the amendment is deemed feasible for the user. Insignificant amendments as such are the adaption of the General Terms and Conditions to new technical developments, new statutory regulations, new case laws or if the amendment is required to reflect organizational changes, especially changes in the order or payment process. Other insignificant amendments for equal or similar reasons shall be reserved as well. The recommendation for amendment will be forwarded to the user in writing or via e-mail. The amendments are considered as accepted, if the user does not object in writing. Zattoo shall advise of this consequence in the notification letter. The user’s objection must be received within 6 weeks upon receipt of the notification. If the user exercises his right to object, the contract shall convene without the suggested amendments. Zattoo’s right to terminate the contract shall remain unaffected. Essential changes to these General Terms and Conditions require the user’s consent.
  12. EFFECTIVE

    This version of the general terms and conditions is effective from 11 June 2018. This version replaces any previous versions of Zattoo’s general terms and conditions.

Version June 2018
© 2018, Zattoo

General Terms and Conditions of Business

PREAMBLE

Zattoo is defined as the services provided or Zattoo Europa AG. Additional information is available in the imprint. Zattoo is an online platform operated by

Zattoo Europa AG
Mürtschenstrasse 39
CH-8048 Zürich

Tel.: +41 43 500 21 00
E-Mail: info@zattoo.com

Commercial Trade Register -Nr. CHE-109.852.725
Commercial Trade Registry of the Canton Zurich

offering diverse services, in particular, with regard to streaming TV channels. The services are available on several end devices, e.g. web browser (e.g. www.zattoo.com) and (mobile) apps, in particular, apps for mobile end devices, Smart-TVs and set-top-boxes or streaming-boxes, or other applications (software, such as the Zattoo-Player). The services may be financed by advertisements and are free of charge, or are subject to partial or full charges, depending on criteria, such as region, resolution and end device. Services subject to charges are explicitly defined. The scope of the services available may differ by region; more specifically, certain TV channels available in one country may not be available in other countries. By registering as a Zattoo user, and/or receiving Zattoo services after the General Terms and Conditions (T&C) became effective, you accept the following General Terms and Conditions (T&C) for the use of Zattoo. These T&C shall apply for Zattoo users residing in Switzerland. Download

  1. REGISTRATION AND SCOPE OF USE

    1. The Zattoo offers address persons from 16 years old; only these persons are entitled to register for services. The use of Zattoo may be subject to fees for certain services or in entirely.
    2. Upon completion of the registration process and receipt of the registration, the user will immediately receive an electronically generated confirmation, whereas registration is accepted. The contractual agreement between the user and Zattoo shall be valid upon acceptance of the registration. Acceptance may also be indicated conclusively; more specifically, by activating the Zattoo services.
    3. The user confirms that all data provided within the scope of registration are true and complete.
    4. The user may utilize Zattoo and its available services for personal use only and refrain from commercial use. Transferring a user account to third parties is prohibited.
    5. The scope of available services may differ by region; more specifically, certain TV channels available in one country may not be available in other countries. In addition, the availability of services may also depend on the end device and/or the available internet access, for instance, certain TV channels, potentially differentiating by region, may not be accessible through mobile communication. Details are available within the scope of the respective offers.
    6. A service may generally be used on all end devices supported by Zattoo. Restrictions, particularly technical restrictions, are outlined in the respective offers.
  2. SERVICES SUBJECT TO FEES

    1. Zattoo reserves the right to change its business model at any time and for example, provide certain or all services in exchange for a fee only. If applicable, Zattoo will publish the respective fees. The user may then decide at his discretion whether to accept the chargeable service or cancel.
    2. The fee payable for utilizing a chargeable service is defined in the respective offer. The scope of services and potential restrictions are outlined in the offer as well.
    3. By paying the service fee the user is only entitled to utilize services available on designated end devices in the countries defined in the offer. Zattoo shall provide an overview of available chargeable services, the scope of service, service terms and fees including VAT.
    4. Placing an order, especially by clicking on the button “orders subject to fees” does not constitute a contract; the user only places an order. Prior to sending the order, the user may change and/or review his data at any time. Once the order is placed, the user shall receive an electronic order confirmation immediately, indicating that the order has been accepted. The contractual agreement between the user and Zattoo shall be valid only if the order has been accepted. Acceptance may also be indicated conclusively; more specifically, by activating the Zattoo services. Zattoo saves the contract and e-mails, the order data as well as the General Terms and Conditions to the user’s account.
    5. The fee is due for the entire term of service. The payment methods outlined within the scope of the offer, such as credit cards and PayPal, shall be accepted. The payment is generally processed by the service provider contracted for processing the payment. If the contractual service provider integrates his own General Terms and Conditions, these shall apply explicitly to the payment process. The user must have a user account with the service provider. If fees cannot be debited, the user shall be responsible for the costs incurred, if he has caused the incident resulting in additional expenses. Zattoo may send an invoice to the user via e-mail.
    6. Simultaneous use of chargeable services on multiple end devices is prohibited, unless explicitly authorized within the framework of the offer.
    7. If the user does not remit the fee or the remittance is denied, Zattoo is entitled to block access to certain, or all Zattoo services.
  3. LIMITED TIME TRIAL OFFERS

    Zattoo may offer chargeable services free of charge for a limited period of time (“trial offer“). The selection of users entitled to participate in a trial offer is at the discretion of Zattoo. Zattoo may revoke the provision of a trial offer for justifiable reasons or change the scope of service at any time. Zattoo is entitled to request the user’s payment information at the beginning of the trial offer. Zattoo may then charge the user for the future use of the chargeable services after the trial offer period has expired. The user shall be advised with regard to the offer and must agree. The user is entitled to cancel the trial offer subscription prior to expiration of the trial period. Otherwise the trial offer shall be converted into a chargeable service.

  4. USER’S OBLIGATIONS

    1. The user is not entitled to disclose, make accessible or forward the access data provided or used for authentication and identification purposes to third parties.
    2. Zattoo uses technical measures for regional restrictions (geo-filtering). The user agrees not to circumvent the technical measures. The user also agrees to refrain from circumventing access control systems for chargeable contents and/or using other measures for unauthorized use of Zattoo, or contents posted on Zattoo.
    3. The user agrees to refrain from posting or distributing contents on Zattoo that are in violation of the law, official orders or morals. Posting or distributing contents violating third party rights are prohibited. This also applies to pornographic contents and contents harmful to minors, as well as propaganda materials of anti-constitutional organizations or parties.
    4. The user may utilize Zattoo for his own personal purpose only. The user may not grant user access or use of the services to third parties, e.g. an undefined group of people, by utilizing the services in the public sector, such as cinemas, theaters, exhibitions show-rooms, hotels, bars restaurants or other public establishments. Receiving or forwarding contents, as well as services in the aforementioned environments are illegal and in violation of third party rights, in particular, copyrights.
    5. The user is not entitled to delete/remove or obscure copyright notices or references to brand names/trademarks or other protective rights owned by Zattoo, affiliated or third party companies associated with Zattoo.
    6. The use of Zattoo may be reserved for persons meeting certain requirements (e.g. legal age). The user is shall ensure that the services provided are only available to persons meeting the above requirements. The user specifically agrees to comply with the regulations for the protection of minors from harmful media contents.
  5. SPECIALIZED SERVICES

    1. Applications (“Apps“)
      1. If the user accesses the Services via an app, especially for cellular telephones, tablets, smart TV, set-top-boxes and/or streaming boxes and has downloaded the app from the third party app-store, more specifically, a regular producer of the end devices’ operating system (iTunes for iPhone and iPad, the Google Play Store for Android or any other app store), the General Terms and Conditions of the app store shall also apply. In the event of contradictions the present General Terms and Conditions shall supersede the General Terms and Conditions of the app store.
      2. The individual purchase steps for chargeable services are available in the description of the app and/or the third party app store.
      3. The provider of apps from the respective app store may influence the available chargeable services, and/or its terms or extension. Depending on the respective app store, the chargeable services may expire at the end of the agreed upon period without requiring cancellation, or the contract term may extend for a certain period of time, or indefinitely. Details are available in the app’s respective offer, and/or the app store’s General Terms and Conditions. To some extent app-stores may offer options to cancel chargeable services through an app-store menu option.
      4. The payment methods used by certain service providers outlined within the framework of the proposal are accepted. This may also include payment methods offered by the respective app-store operators. If the service provider includes his own General Terms and Conditions on individual basis, these provisions shall apply explicitly for payment processing. The user may have to open a user account with the service provider.
      5. An app is a copyright protected software program. The user shall be granted simple, non-exclusive, non-transferrable and revocable rights to personal use. The user is not entitled to decompile, modify or edit the app beyond the statutory limitations. The user is further prohibited from assigning, renting or transferring the app or its contents in any manner.
      6. The user must take into consideration contractual third party agreements, particularly with the app store and/or their internet provider, when using the app.
      7. When downloading or using the app, especially on third party networks or a foreign country, the user may be subject to transfer costs charged by their internet provider.
    2. Recording contents Within the scope of these General Terms and Conditions, the user is entitled to record a certain number of TV-programs on the Zattoo Server for his personal use (hereafter “personal copy”) The use of the personal copy allows the user to play and view his personal copy for his personal use, during the contractual term. If a free service is used, the user is entitled to use each saved personal copy for a certain period of time after the original broadcast date. After availability has expired, Zattoo automatically deletes the copy. If the user has subscribed to premium services, his personal copy is available for as long as the premium subscription is maintained without interruption. After the maximum number of authorized personal copies has been exhausted, Zattoo will block additional copies and/or delete older copies automatically; the user may also delete personal copies. Using the premium services also enables the user to access recorded programs of the entire, or a part of, the available program (recall function). These programs are available to the user for a certain timeframe (e.g. 7 days) from the broadcasting date during the premium contractual term. Unless this feature is offered by Zattoo, the user is prohibited to save the personal copy (or parts thereof) on his device or any other device. The user may not forward or make available his personal copy (or parts thereof) to other persons for use on their devices. Zattoo reserves the right to adapt, modify or delete the user’s personal copy and/or adapt the available contents or services for legal reasons.
  6. ADVERTISING

    Zattoo is entitled to use advertising materials, e.g. when activating the services or a TV channel. The user can skip this type of advertisement to the extent legally permissible based on the information provided by the user or his use of services.

  7. PRIVACY ACT

    Details regarding Zattoo’s protection and use of data provided by the user are available in the Privacy Act Declaration. The Privacy Act Declaration is a valid component of these General Terms and Conditions.

  8. LIABILITY LIMITATIONS AND EXEMPTIONS

    1. Zattoo is only liable based on the following criteria: Zattoo is liable without limitation for damages for which Zattoo, its legal representative, management staff or sub-contractors are responsible due to intentional or grossly negligent actions. The above liability limitation does not apply to malicious acts, injury to life, body and health, warranty violations and entitlement from product liability.
    2. The user agrees to indemnify Zattoo, its primary company, subsidiaries, affiliated companies, management staff, directors, employees, agents, vendors or sub-contractors from all third party claims, filed against one or all of the above mentioned individuals, resulting from the user violating his obligations from these General Terms and Conditions and/or the applicable laws. The user shall be responsible for all appropriate costs incurred by Zattoo. The user is entitled to proof that Zattoo has actually incurred lesser costs. The above mentioned indemnity obligation does not apply if the user is not responsible for the violations.
  9. CONTRACT TERM, TERMINATION, REIMBURSEMENTS

    1. Zattoo is providing diverse services with variable terms. Unless otherwise indicated in the offer, the contract for the respective chargeable services is valid for the subscribed minimum term. Thereafter the contract shall be extended by the subscribed minimum term if the user or Zattoo has not terminated it more than48 hours prior to expiration of the minimum term/extension term with effect to the end of the respective term. The user is entitled to use the service after termination up to the end of the contract term. The chargeable services can be cancelled in the user-account or, if purchased from an app-store, as outlined here, or via e-mail to legal@zattoo.com. If Zattoo is terminating the service agreement via the email address provided by the user during registration. The right to termination for an important reason shall remain unaffected.
    2. If the contract only applies to free services, it may be cancelled by the user or Zattoo with a fourteen-day notice via e-mail to legal@zattoo.com or via the email address provided by the user during registration.
    3. An important reason for extraordinary termination of the contract is present if continuation of the contractual agreement up to the expiration date of the proper termination is not feasible under consideration of all case-related circumstances and interests of the user. Important reasons for Zattoo specifically include the following events: The user’s violation of the law; The user’s violation of essential contractual obligations. A reminder is not required
    4. In the event Zattoo terminates a contract according to 9.3, as well as a termination by the user, reimbursement of pre-paid fees is excluded, unless the user terminates for an important reason based on the Zattoo scope.
  10. SERVICE MODIFICATIONS

    Zattoo reserves its right to modify the contents and structure of Zattoo, as well as its services at any time. This also includes the introduction of mandatory fees for all, or certain services, as well a partial or entire discontinuation.

  11. GENERAL CONDITIONS

    1. Transferability The user may not transfer or assign rights or obligations derived from these General Terms and Conditions to third parties. Zattoo is entitled to transfer or assign rights and/ or obligations derived from these General Terms and conditions to third parties
    2. Amendments Zattoo reserves the right to amend these General Terms and Conditions without stating a reason at any time. The recommendation for amendment shall be forwarded to the user in writing or via e-mail. The amendments are considered as accepted, if the user does not object in writing immediately. If the user does object, the user and Zattoo are entitled to exercise their right to extraordinary termination. A respective termination shall become effective at the time the amendments are implemented. If the contract is not cancelled and the user receives Zattoo services after the amendments are in effect, the user accepts the amended Zattoo services and the amended applicable General Terms and Conditions. Essential changes to these General Terms and Conditions require the user’s consent.
  12. APPLICABLE LAW

    These General Terms and Conditions and the contractual agreement between Zattoo and the user are subject to Swiss Law explicitly.

  13. APPLICABILITY

    This version of the General Terms and Conditions shall become effective on August 15, 2015. This version shall replace all former versions of Zattoo’s General Terms and conditions.

Version July 2015
© 2015, Zattoo

General Terms and Conditions

PREAMBL

Zattoo refers to the specific services or Zattoo Europa AG. Further information can be found in the legal notice. Zattoo is an online platform operated by

Zattoo Europa AG
Baslerstrasse 60
CH-8048 Zürich

Tel.: +41 43 500 21 00
E-Mail: info@zattoo.com

Commercial Register No. CHE-109.852.725
Commercial Register Office of the Canton of Zürich

on which various services are offered, particularly for streaming TV channels. The services are accessible via various devices, e.g. web browser (e.g. via www.zattoo.com) and (mobile) applications (apps), in particular apps for mobile devices, smart TVs and set-top boxes or streaming boxes, or other applications (software such as the Zattoo player). The services can be ad-financed and free of charge or partially or completely fee-based, depending on criteria such as region, resolution and end device. Whether or not a service is fee based is explicitly stated if necessary. Until further notice, all services in Austria are only available for a fee. The scope of available services may vary from region to region; in particular, certain TV channels available in one country may not be available in other countries. By registering as a user with Zattoo, you accept the following General Terms and Conditions for the use of Zattoo. The General Terms and Conditions apply to Zattoo users who are resident in Austria.

  1. REGISTRATION AND SCOPE OF USE

    1. Zattoo's offer is aimed at persons aged 16 years and older; only these persons are allowed to register. The use of Zattoo as a whole and its individual services are subject to a fee.
    2. After registration, the receipt of registration will be confirmed to the user electronically without undue delay, whereby the registration is accepted. The contractual agreement between the user and Zattoo only comes into being when the registration is accepted. Acceptance can also be implied, in particular by activating Zattoo's services.
    3. The user affirms that all data transmitted as part of the registration process is true and complete.
    4. Zattoo and the services available through it are provided to the user for personal and non-commercial use only. Transferring the user account to third parties is not permitted.
    5. The scope of available services may vary from region to region; in particular, certain TV channels available in one country may not be available in other countries. In addition, the availability of services can depend on the end device or the respective internet access; for example, certain TV channels, possibly with regional differences, cannot be accessed via mobile communications. Details can be found in the description of the respective offer.
    6. A service can definitely be used on all devices supported by Zattoo.
    7. Further restrictions, especially technical restrictions, can be found in the description of the respective offer.
  2. CONTRACT CONCLUSION AND COST OF SERVICES

    1. The fee to be paid for the use of one of the services can be found in the description of the respective offer. The scope of services and any restrictions can also be found there.
    2. The payment of the fee only entitles the user to access the services that are available in the country shown in the description of the offer, using the end devices provided for this purpose. Zattoo provides an overview of the available fee-based services, their scope, duration and fees, including value added tax.
    3. When a user places an order, in particular via the button "Fee-based Order", no contract is concluded, instead, the user submits an offer. Before sending the order, the user can view and change the data at any time. After the order has been sent, its receipt is confirmed electronically to the user without delay, which means that the order is accepted. The contractual relationship between the user and Zattoo only comes into being when Zattoo accepts the order. Zattoo's acceptance can also be implied, in particular by activating the fee-based services.
    4. Fees are due for the entire duration. The payment systems listed in the description of the offer are accepted, especially credit cards and PayPal. Payment collection is usually carried out by the service provider contracted for the payment process. If the contracted service provider includes its own general terms and conditions in individual cases, these apply exclusively to payment processing and between the user and service provider. If necessary, the user must have a user account with the service provider. If fees cannot be collected, the user bears all costs incurred if the user is responsible for the event that caused the costs. Zattoo may send invoices to the user by email.
    5. If the user does not pay fees or if payments made are charged back, Zattoo is entitled to block access to individual or all Zattoo services.
    6. The contract is concluded in the German language. Zattoo saves the contract text and sends the user the order data and General Terms and Conditions by email.
  3. TIME-LIMITED TRIAL OFFERS

    Zattoo can offer users fee-based services for a certain period of time free of charge (“trial offer”). It is at Zattoo's sole discretion to determine which user can participate in a trial offer. Zattoo can terminate the provision of a trial offer or change the scope of a trial offer at any time. Users from households with an existing or recently canceled membership are not eligible to take up a trial offer. To verify this, Zattoo may access information such as device ID, payment method or the email address that has been or will be used for Zattoo Membership. Zattoo may require the user to provide their payment details at the beginning of the trial offer. After the end of the trial offer, Zattoo can charge the user for the fees due for continued use of the respective service, for which a fee is payable. The user is informed of this within the description of the offer and must agree to it. The user is free to cancel the trial offer up to 48 hours before the end of the trial period. Otherwise, the trial offer will be converted into a fee-based service.

  4. CANCELLATION POLICY

    1. If you are a consumer within the meaning of Section 1 para. 1 of the German Termination Protection Act (KSchG), you have the following right of cancellation.

      Cancellation right

      You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of cancellation, you must inform us (Zattoo Europa AG, Baslerstrasse 60, CH-8048 Zurich, Switzerland, e-mail: legal@zattoo.com) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form for this, but it is not mandatory. In order to comply with the cancellation period, it is sufficient for you send your notification of exercising your right of cancellation before the end of the cancellation period.

      Consequences of cancellation
      If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. We will use the same means of payment for this refund that you used for the original transaction, unless expressly agreed to the contrary with you; under no circumstances will you be charged for this refund.

    2. However, your right of cancellation will expire if you start using Zattoo before the end of the 14-day cancellation period, if Zattoo has provided you with a confirmation of contract and has started to provide the service only after you have given your express consent for this and, at the same time, have confirmed your knowledge that you will lose your right of cancellation if the company has fully fulfilled the contract.

      End of the cancellation policy

    3. Sample cancellation form (If you wish to cancel the contract, please fill out and return this form)

      Zattoo Europa AG
      Baslerstrasse 60
      CH-8048 Zürich
      Switzerland

      E-Mail: legal@zattoo.com

      -I/we hereby cancel the contract concluded by me/us for the purchase of the following goods ()/the provision of the - following service ()-ordered on ()/received on (*) -Name of the consumer(s)-Address of the consumer(s)-Signature of the consumer(s) (only in case of paper notification) -Date

  5. OBLIGATIONS OF THE USER

    1. The user is not permitted to make the access data sent or used for authentication and identification accessible to third parties or to pass them on to third parties.
    2. Zattoo uses technical measures to restrict services by region (geo-filtering). The user agrees not to circumvent the technical measures used by Zattoo for this purpose. At the same time, the user agrees not to circumvent access control systems to fee-based content and/or to take other measures to use Zattoo or content on Zattoo without authorization.
    3. The user agrees not to post or distribute on Zattoo any content that violates statutory provisions, official orders or public morals. No content is permitted to be posted or distributed that violates the rights of third parties. The same applies to pornographic or youth-endangering content, propaganda material of anti-constitutional organizations and parties.
    4. The user is only permitted to use Zattoo for his or her own private purposes. In particular, the user must not allow third parties who do not live in the same household to access or use the services, e.g. an undefined group of people using the services in public areas such as cinemas, theaters, exhibitions, showrooms, hotels, bars, restaurants or other public spaces. The receipt or redistribution of the content and the use of the services in such spaces is illegal and violates the rights of third parties, especially copyrights.
    5. The user is not entitled to remove or obscure copyright notices and/or notices on trademarks or other proprietary rights belonging to Zattoo, companies affiliated with Zattoo or third parties.
    6. The use of Zattoo can be restricted to persons who meet certain requirements (e.g. age of majority). The user is responsible for ensuring that the services are only available to persons who meet the requirements. In particular, the user agrees to comply with the applicable provisions on the protection of minors from media content that is harmful to minors
  6. SPECIAL SERVICES

    1. Applications ("Apps")
      1. If the user accesses the services via an app, in particular for mobile phone, tablet PC, smart TV, set-top box or streaming box, and has downloaded the app from the app store of a third party, i.e. usually from the manufacturer of the operating system of the end device (iTunes Store for iPhone and iPad, the Google Play Store for Android, or another app store), the terms and conditions of the app store also apply. In the event of contradictions, these Terms of Use take precedence over the terms and conditions of the app store.
      2. The individual steps for acquiring paid services can be found in the descriptions within the app and/or in the third-party app store.
      3. In the case of apps, the provider of the respective app store can influence the available chargeable services, or their duration or extension. Depending on the respective app store, chargeable services may expire at the end of the agreed term without notice or the respective contract term can be extended for a corresponding period or indefinitely. Details can be found in the description of the respective offer or in the terms and conditions of the app store. In some cases, the app stores also offer the option of canceling paid services, for example via a menu item in the app store.
      4. We accept the payment systems shown in the offer, which are usually operated by appropriate service providers. In particular, these may also be payment systems offered by the operators of the respective app store. If the respective service provider incorporates its own general terms and conditions in individual cases, these will apply exclusively to payment processing. If necessary, the user must have a user account with the service provider.
      5. The app is a copyright protected software program. The user receives a simple, non-exclusive, non-transferable and revocable right for personal use. The user is not entitled to decompile, change or edit the app beyond the extent provided by law. The user is also prohibited from leasing, renting or otherwise transferring the app and/or its contents.
      6. When using the app and its contents, the user must take into account contractual agreements with third parties, in particular with the app store operator or his or her internet access provider.
      7. When downloading and using the app, especially in third-party networks or abroad, the user may incur transmission costs from his or her internet access provider.
  7. ADVERTISING

    1. The user also agrees to the use of advertising material by Zattoo when using paid services, e.g. during streamed content or when switching to a television channel. Such advertising can be targeted on the basis of the information provided by the user and his or her use of the services, to the extent permitted by law.
    2. If Zattoo sends you emails regarding similar products or services you have ordered from us, you can opt-out of receiving such emails at any time and each time you receive an email. Zattoo will not send any further communications to you after notification of a rejection.
  8. DATA PROTECTION

    Details on the protection and use by Zattoo of data provided by the user can be found in the Privacy Policy. The Privacy Policy forms an integral part of these General Terms and Conditions.

  9. LIMITATION OF LIABILITY AND INDEMNIFICATION

    1. Zattoo is only liable in accordance with the following provisions: Zattoo has unlimited liability for damages caused intentionally or by gross negligence by Zattoo or its legal representatives, executives or simple vicarious agents. Zattoo is not liable in cases of slightly negligent breach of insignificant contractual obligations. With regard to the breach of material contractual obligations (obligations which the contractual partner could rely on being complied with and the fulfillment of which is essential for the proper performance of the contract), Zattoo's liability for damages caused by slight negligence is limited to those damages which are typically to be expected under the respective contractual relationship. This also applies to slightly negligent breaches of duty by Zattoo's legal representatives, executives or simple vicarious agents. The above limitation of liability does not apply in the case of fraudulent intent, injury to life, body and health, for breach of guarantees and for claims arising from product liability.
    2. The user agrees to indemnify and hold Zattoo, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, suppliers or vicarious agents free from any and all claims of third parties asserted against any or all of the aforementioned persons in connection with breaches by the user of his or her obligations under these General Terms and Conditions and/or the applicable laws. The user bears all reasonable costs incurred by Zattoo, including reasonable costs for legal defense. The aforementioned indemnification obligation of the user does not apply if the user is not responsible for the breaches.
  10. CONTRACT PERIOD, CANCELLATION, REPAYMENTS

    1. Zattoo provides fee-based services with different durations. Unless otherwise stated in the description of the respective offer, the usage contract for the respective fee-based service initially runs for the booked minimum usage period. Thereafter, the user contract is extended by the duration of the booked minimum usage period, if it is canceled by the user or by Zattoo within 48 hours prior to the end of the minimum usage period/extension period with effect from the end of the respective current period. Zattoo will notify the user at the beginning of the minimum usage period/extension period of the need to cancel the contract to avoid another extension. The user can use the services even after cancellation up to the end of the current period. The cancellation of the fee-based service can be made in the user account or, if the purchase was made through an app store, as described here, or by email to legal@zattoo.com, in case of cancellation by Zattoo to the email address provided by the user during registration. The right to cancel for good cause remains unaffected.
    2. Good cause for the extraordinary cancellation of the user contract is deemed to exist in particular if the continuation of the contractual relationship up to the expiry of the ordinary period of notice is unreasonable, taking into account all circumstances of the individual case and the interests of the user. Good cause for Zattoo is, particularly, the following events: breach by the user of applicable law; breach by the user of material contractual obligations. A prior warning is not necessary.
    3. In the event of an extraordinary cancellation of the user contract by Zattoo in accordance with clause 10.2. as well as in the event of an ordinary cancellation by the user, the repayment of any fees paid in advance is excluded, unless the user terminates the user contract for good cause within the sphere of Zattoo.
  11. GENERAL PROVISIONS

    1. Transferability: The user is not entitled to transfer or assign rights or obligations from these General Terms and Conditions to third parties. Zattoo is entitled to transfer the rights and obligations under this contract to a third party. Zattoo will inform the user in writing about the transfer; the user has an extraordinary right of cancellation. The cancellation must be received by Zattoo in writing within 14 days after the user's receipt of the notice of transfer.
    2. Amendments and supplements: Zattoo reserves the right to amend these General Terms and Conditions, provided that the amendments are reasonable for the user. Non-substantial amendments are deemed reasonable, in particular those which serve to adapt these General Terms and Conditions to new technical developments, new legal regulations, new legal decisions, or if the amendment is needed to reflect organizational changes, in particular to the ordering or payment process. We also reserve the right to make further minor amendments for the same reasons. Zattoo will notify the user of the proposed amendment in writing or by email. The amendments are deemed to be approved if the user does not object to them in writing. Zattoo will specifically point out this consequence in the notification letter. The user's objection must be received within 6 weeks after receipt of the notification. If the user exercises his right of objection, the contract will be continued without the proposed amendments to the General Terms and Conditions. This will not affect Zattoo's right to terminate the contract. Significant changes to these General Terms and Conditions require the user's consent.
  12. VALIDITY

    This version of the General Terms and Conditions applies from October 1, 2020. This version replaces all previous versions of Zattoo's General Terms and Conditions.

Version October 2020
© 2020, Zattoo