TERMS & CONDITIONS

Digivive provides you with a personal subscription service that allows the members of the platform to access movies, TV shows, and other available content on the DigiVive Platform streamed over the internet connected devices.

These Terms of Use govern your use of our services. As used in these Terms of Use, our service means to include the personalized services offered to you by Digivive for watching all the content, including all the streaming features, recommendations and reviews, the Platform, and any other related software as associated with our service. These Terms of Use must also be read along with our Privacy Policy for clarity on the principles of privacy as applicable to you.

Use of Our Services

Your membership with Digivive Platform will be valid for the period you have paid for, until terminated. To use our services you will be required to be connected to the internet, and have a device which allows Digivive Platform to run on it, and while you may purchase of our services with our payment methods. Our payment methods are updated from time to time and may include payment services provided by third party.

Along with our own subscription plans, we also might include special promotional plans or subscriptions provided by third parties in conjunction with the products and services of such other third parties. We are not responsible or anyway liable for the products and services provided by such third parties. Some of those offerings might have several conditions and limitations, which will be communicated to you at the time of your interaction with them. You will find specific details of your membership with us, on our Platform in your Account details.

Payment and Termination

The membership fee for our service and any other charges you may incur in connection with your use of the service, such as taxes and other processing charges, will be charged on a monthly basis your payment method on the calendar day corresponding with the commencement of your payment history. You can visit our website and click on the Account details link for further information on payment history.

We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than with the provision of a notice to you.

To use our services you must provide one or more 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). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription 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 with additional transactionalcosts, such has to be checked with your Payment Method service provider for details.

Cancellation

Unless you have cancelled your membership, you authorize us to charge your subsequent month’s membership fee to your Payment method, where you have opted in for auto renewal.

You can cancel your membership at any point of time, and you will continue to have access to our services through to the end of your monthly billing period. You can go to your “Account” page and follow further instructions to cancel subscription to our services. If you cancel your subscription, it will come to an end automatically at the end of the billing period. In the event, where you have used third party services to create an account with us, or use our services, you will have to check your settings on such third party services to ensure that your subscription is cancelled.

Refund

Payments are non-refundable and we do not provide refunds or credit for any partial month subscription periods or unwatched content. While you can cancel the subscription at any time, you will continue to have access to the service through the end of your billing validity period.

Our Services

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of our service. Minors may only use the service under the supervision of an adult.

Our service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During our membership we grant you a limited, non-exclusive, non- transferable right to access the our service and view the streaming content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

You may view our content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.

You agree to use our service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. 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 our service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in our service; use any robot, spider, scraper or other automated means to access our service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the our service; insert any code or product or manipulate the content of our 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 our 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.

The quality of the display of the streaming content 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. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching the streaming content 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 device.

Platform is developed by, or for, DigiVive and is designed to enable viewing of the streaming content through various internet connected 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 software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Platform and related third-party software.

The member who created the Account with us, and to whom the Payment method is related to, shall at all times be considered the owner of the account with us. Such person is responsible for activity that occurs through their account with us. 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 their Platform connected 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. We can terminate your account or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activity.

Warranty

Our service is provided “as is” and is without warranty or condition. In particular, our service may not at all times be uninterrupted or error free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.

Law

These Terms of Use shall be governed by and interpreted in accordance with the laws of India. To find more information about our service and its features or if you need assistance with your account, please visit the Help Center on our website. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

Changes to Terms of Use

We may from time to time change our Terms of Use. We will notify you of such changes with considerable notice period before such changes become applicable to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us at such times of assignment or transfer.