General Terms and Conditions of Business

PREAMBLE

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

Zattoo 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

1.1 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.

1.2 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.

1.3 The user confirms that all data provided within the scope of registration are true and complete.

1.4 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.

1.5 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.

1.6 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

2.1 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.

2.2 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.

2.3 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.

2.4 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.

2.5 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.

2.6 Simultaneous use of chargeable services on multiple end devices is prohibited, unless explicitly authorized within the framework of the offer.

2.7 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.

2.8 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 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 AG
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

5.1 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.

5.2 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.

5.3 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.

5.4 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.

5.5 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.

5.6 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

6.1 Applications (“Apps“)

6.1.1 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.

6.1.2 The individual purchase steps for chargeable services are available in the description of the app and/or the third party app store.

6.1.3 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.

6.1.4 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.

6.1.5 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.

6.1.6 The user must take into consideration contractual third party agreements, particularly with the app store and/or its internet provider when using the app.

6.1.7 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

9.1 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.

9.2 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

10.1 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 canceled 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.

10.2 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.

10.3 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.

10.4 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

11.1 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.

11.2 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.