General Terms and Conditions

The following General Terms and Conditions apply to contracts that have been concluded after and including 19 September 2024. The General Terms and Conditions for contracts concluded before 19 September 2024 can be found here. The exact changes can be viewed here.

PREAMBLE

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

Zattoo AG
Baslerstrasse 60
CH-8048 Zurich

Tel.: +41 43 500 21 00
Email: info@zattoo.com

Commercial register no CHE-109.852.725
Commercial Register Office of the Canton of Zurich

on which various services, in particular for streaming TV channels, are offered. The services are available via various devices, e.g., web browsers (e.g. via www.zattoo.com) and (mobile) applications (apps), and in particular apps for mobile devices, smart TVs and set-top boxes/ streaming boxes or other applications (software such as the Zattoo player). The services are available as ad-financed and free of charge services or for full or partial payment, depending on factors such as your region, resolution and end device. The charges incurred from a service are explicitly stated, where applicable. Until further notice, all services in Austria are generally only available subject to a fee. The scope of available services may vary regionally; that is, some 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 (GTC) for the use of Zattoo. The GTC apply to Zattoo users residing in Austria.

1. REGISTRATION AND SCOPE OF USE

1.1 Zattoo's offer is aimed at people aged 16 and above; people below the age of 16 are not permitted to register. The use of Zattoo as a whole and individual services is subject to a fee, which can be found in the respective offer description.

1.2 To register with Zattoo, the user must provide their email address, gender and date of birth, and set a password. By clicking the "Register" button, the user is conclusively submitting a binding offer to conclude a contract to register with Zattoo; no contract has been concluded yet. Alternatively, the user can also register by logging into their Facebook, Google or Amazon account and entering their gender and their date of birth. Logging in with a Facebook, Google or Amazon account does not mean that the user has entered into a contract with Zattoo, rather, it means the user has made an offer to conclude a contract to register with Zattoo. The user guarantees that all data that they submit during the registration process is true and complete.

1.3 Zattoo will immediately confirm receipt of the registration request to the user electronically. With this confirmation of receipt, Zattoo accepts user's offer. The contractual relationship between Zattoo and the user is only established upon this acceptance of registration.

1.4 Zattoo will only be made available to the user for personal and non-commercial use. The user is not permitted to transfer their user account to third parties.

1.5 The scope of available services may vary regionally; certain TV channels that are available in one country may not be available in other countries. In addition, the availability of services may depend on the end device or the respective internet access, for example, certain TV channels, which may vary regionally, cannot be accessed via mobile communications. Details can be found in the relevant offer description.

1.6 A service can generally be used on all end devices supported by Zattoo.

1.7 Further restrictions, in particular technical restrictions, can be found in the respective offer descriptions.

2. CONCLUSION OF CONTRACT FOR PAID SERVICES

2.1 The fee payable for using one of the services can be found in the respective offer description. The scope of services and any restrictions can also be found there.

2.2 Payment of a fee only entitles the user to access the services that are available in the country indicated in the offer description by means of the devices provided for this purpose. Zattoo provides an overview of the available paid services, their scope of services, terms and fees including VAT.

2.3 The user submitting an order for paid services does not give rise to a contract, rather, the user is submitting an offer. The user can change and view the data at any time before submitting the order. Zattoo will immediately confirm receipt of the order electronically. With this confirmation of receipt, Zattoo accepts the user's offer. Zattoo only concludes a contractual relationship with the user upon Zattoo's acceptance of the order. Zattoo's acceptance may be given implicitly, in particular by activating the paid services.

2.4 Fees must be paid for the entire term. The payment methods listed in the offer description are all acceptable, in particular credit card and PayPal. Payment is usually collected by the service provider commissioned for the payment process. Insofar as the commissioned service provider includes its own general terms and conditions in individual cases, these will apply exclusively to payment processing. If applicable, the user must have a user account with the service provider. If the fees cannot be withdrawn, the user will bear all costs incurred as a result, insofar as they are responsible for the event which gave rise to the costs. Zattoo may send invoices to the user by email to the email address most recently provided by the user. The selection and maintenance of supported end devices is continued at Zattoo's sole discretion. The user is not entitled to support of specific end devices during their contractual period.

2.5 Should the user fail to pay any fees or should any payments made be charged back, Zattoo is entitled to block access to any or all of Zattoo's services.

2.6 The contract is concluded in German. Zattoo will save the text of the contract and send the user the order data by email to the email address which they have most recently provided.

2.7 Zattoo will provide the user with the latest software version of the respective subscribed products during the term of the contract provided that the operating system of the user's device has the required compatibility.

3. TIME-LIMITED TRIAL OFFERS

Zattoo may offer paid services to users free of charge for a period of time (“Trial Offer”). It is at Zattoo's sole discretion to determine which users may participate in a Trial Offer. Zattoo may terminate the provision of a Trial Offer at any time or change the scope of services of the Trial Offer. Users from households with an existing or recently terminated membership are not eligible to conclude a Trial Offer. To check this, Zattoo can access information such as the device ID, payment method or email address that has been or will be used for a Zattoo membership. Zattoo may require users to provide their payment information at the beginning of the Trial Offer. Zattoo may charge users after the end of a Trial Offer with the fees incurred for the subsequent chargeable continued use of the relevant service. Users are informed of this in the offer description 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 paid service.

4. CANCELLATION POLICY

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

Right of cancellation

You have the right to cancel this contract within fourteen days without specifying any reasons. The cancellation period is fourteen days from the date on which the contract is concluded. In order to exercise your right of cancellation, you must inform us (Zattoo AG, Baslerstrasse 60, CH-8048 Zurich, Switzerland, email: legal@zattoo.com) of your decision to cancel this contract by means of a clear statement (e.g., a letter sent by post or email). You can use the attached cancellation form template to do this, although this is not mandatory. Sending the notice stating you are exercising the right of cancellation before the cancellation period expires is sufficient to comply with the cancellation period.

Consequences of cancellation

If you choose to cancel this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from selecting a type of delivery method different from the most cost-efficient standard delivery offered by us), without undue delay and at the latest within fourteen days from the date on which we received the notification that you are cancelling this contract. If you were granted monetary benefits by us or one of our cooperation partners upon conclusion of the contract (for example, in the form of a discounted purchase of hardware) and you received these benefits, we will either reclaim the value of this benefit in the event of cancellation or deduct it from the amount to be repaid before repayment. The refund will be processed using the same payment method which you provided for the original transaction unless otherwise explicitly agreed with you; under no circumstances will you be charged fees to process this refund. End of cancellation policy

4.2 Sample cancellation form (if you would like to cancel the contract, please fill in this form and send it back to us).

Zattoo AG
Baslerstrasse 60
CH-8048 Zurich
Switzerland

Email: legal@zattoo.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/provision of the following service:
Ordered on (*)/received on (*)
Name of the customer(s)
Address of the customer(s)
Signature of the customer(s) (only required for mailed or faxed messages)
Date

5. USER OBLIGATIONS

5.1 The user is not permitted to make the access data used in the course of their registration accessible to third parties or to pass it on to third parties.

5.2 Zattoo uses technical measures to restrict the services regionally (geo-filtering). The user undertakes not to circumvent the technical measures used by Zattoo for this purpose. As the same time, the user undertakes not to circumvent access control systems to paid content and/or to take other measures to use Zattoo or content on Zattoo without authorisation.

5.3 The user undertakes not to post or distribute any content on Zattoo that violates legal regulations, official orders or which is immoral. No content may be posted or distributed that violates the rights of third parties. The same applies to content that is pornographic or harmful to minors, or propaganda material of anti-constitutional organisations or parties.

5.4 The user may only use Zattoo for their own private purposes. In particular, the user may not allow third parties who do not live in the same household to access or use the services, e.g., permitting access to an indefinite group of people by using the services in public areas, such as cinemas, theatres, exhibitions, showrooms, hotels, bars, restaurants or other public spaces. Receiving or redistributing the content as well as using the services in such spaces may violate the rights of third parties, in particular copyrights. Such violations can be prosecuted and result in extraordinary termination of the contract.

5.5 The user is not entitled to remove or obscure copyright notices and/or notices on trademarks or other intellectual property rights of Zattoo, companies affiliated with Zattoo or third parties.

5.6 The use of Zattoo may be reserved for persons who meet certain requirements (e.g., minimum age). The user is responsible for ensuring that the Services are only available to persons who meet the requirements. In particular, the user undertakes to comply with the applicable provisions on the protection of minors from media content which is harmful to them.

6. SPECIAL SERVICES

6.1 Applications ("Apps")

6.1.1 If the user accesses the Services via an App, in particular for a mobile phone, tablet PC, smart TV, set-top box or streaming box, and the App is downloaded from the app store of a third party, i.e., commonly the manufacturer of the device's operating system (App Store for iPhone and iPad, the Google Play Store for Android or another app store), the terms and conditions of the respective app store will also apply. In the event of any contradictions, these general terms and conditions will take precedence over the general terms and conditions of the respective app store.

6.1.2 The individual steps for purchasing paid services can be found in the descriptions within the App and/or in the third-party app store.

6.1.3 In the case of apps, the provider of the relevant app store can influence the available paid services or their term or extension. Depending on the relevant app store, paid services may expire at the end of the agreed term without requiring termination, or the relevant contractual term may be extended by a corresponding period or indefinitely. Details can be found in the respective offer description or the terms and conditions of the respective app store. In some cases, the app stores also offer options for terminating paid services, for example, via a menu item in the app store.

6.1.4 The payment systems shown when creating the offers which are usually operated by corresponding service providers are accepted. In particular, these can also include payment systems offered by the operators of the relevant app store. Insofar as the relevant service provider includes their own general terms and conditions in individual cases, these will apply exclusively to payment processing. If applicable, the user must have a user account with the service provider.

6.1.5 The App is a copyrighted software program. The user receives a simple, non- exclusive, non-transferable and revocable right to personal use of this App. The user is not authorised to decompile, change or edit the App beyond the extent required by law. Furthermore, the user is prohibited from leasing, renting or otherwise transferring the App and/or its content.

6.1.6 When using the App and its contents, the user must take into account contractual agreements with third parties, in particular with the operator of the app store or their Internet access provider.

6.1.7 When downloading and using the App, especially on third-party networks or abroad, the user may incur transmission costs from their internet access provider.

7. ADVERTISING

7.1 The user also agrees to the use of advertising media by Zattoo when using paid services, e.g., during streamed content or when switching TV channels. Such advertising can be targeted based on the information provided by the user and his use of the services.

7.2 If Zattoo sends you emails regarding similar products or services you have ordered from us, you may 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 being notified you have opted out.

8. DATA PROTECTION

Details on the processing and protection of the user's personal data by Zattoo can be found here in Zattoo's privacy policy.

9. LIMITATION OF LIABILITY AND INDEMNIFICATION

9.1 The services offered by Zattoo are digital Services within the scope of Section 2 Z 1 VGG (Collecting Societies Act). In this respect, the user is entitled to Zattoo's statutory warranty claims for defects in the services of Zattoo. For any claims for damages by the user due to defects, the limitation of liability in Section 9.2 applies.

9.2 Zattoo will only be liable in accordance with the following provisions: Zattoo will be liable to an unlimited extent for damages caused by Zattoo or by its legal representatives, executives or ordinary vicarious agents either intentionally or through gross negligence. Zattoo is not liable in the event of a slightly negligent breach of only minor contractual obligations. With regard to the breach of contractual obligations (obligations on whose compliance the contractual partner may rely and whose fulfilment renders the correct execution of the contract possible in the first place), the liability of Zattoo for damages caused by slight negligence is limited to those damages which should typically be expected to arise in the context of the contractual relationship. This also applies to slightly negligent breaches of duty by Zattoo's legal representatives, executives or ordinary 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 warranty or for claims arising from product liability.

9.3 The user undertakes to inform Zattoo, its parent company, subsidiaries, affiliates, executives, directors, employees, agents, suppliers or vicarious agents of all claims asserted by third parties against one or all of the aforementioned persons in connection with the user's breaches of obligation under these GTC and/or the laws applicable to them. The user will pay all reasonable costs incurred by Zattoo, including reasonable costs incurred for legal defence. The above indemnification obligation of the user does not apply if the user is not responsible for the violations.

10. CONTRACTUAL TERM, TERMINATION AND REIMBURSEMENTS

10.1 Zattoo provides paid services with different terms. Unless otherwise stated in the relevant offer description, the user agreement for the relevant paid service will initially run for the minimum usage period booked. Afterwards, the user agreement will be renewed for an indefinite period of time unless terminated by the user or Zattoo more than 48 hours prior to the end of the minimum usage period/extension period with effect as of the end of this period. Zattoo will inform the user at the beginning of the minimum usage period/extension period about the need for termination in the event of another extension. The user may also continue to use the services after termination of the contract until the end of the ongoing period. The user has the right to terminate the extended usage contract at any time at the end of the current contract month. The right to extraordinary termination for good cause remains unaffected.

10.2 There is good cause for the extraordinary termination of the user contract if the continuation of the contractual relationship until the expiry of the ordinary notice period is unreasonable, taking into account all circumstances of the individual case and the interests of the user. Good cause for Zattoo is, in particular, the following events: violation of applicable law by the user; violation of essential contractual obligations by the user. No prior warning is necessary.

10.3 Termination of the paid service can be carried out in the user's account or by emailing legal@zattoo.com; if Zattoo is terminating the paid service, the email will be sent to the address provided by the user during registration. For users who have booked Zattoo via a third-party provider, especially in app stores, the termination conditions of the respective third-party provider will apply. Further details on termination with a third-party provider can be found here.

10.4 In the event of an extraordinary termination of the user agreement by Zattoo in accordance with 10.2. as well as in the event of ordinary termination by the user, the reimbursement of any fees paid is excluded unless the user submits a notice of termination for good cause within Zattoo's sphere of responsibility.

11. GENERAL PROVISIONS

11.1 Portability. The user is not authorised to transfer or assign any rights or obligations arising from the contractual relationship to third parties. Zattoo is entitled to transfer the rights and obligations arising from the contractual relationship to a third party. Zattoo will inform the user in writing about the transfer; the user is entitled to an extraordinary right of termination at the time of the transfer of all rights and obligations to the third party. Zattoo must receive the notice of termination in writing within 14 days after the user receives the transfer notice.

11.2 Amendments and additions Zattoo reserves the right to change these GTC as far as the changes are reasonable for the user. Non-substantial amendments, in particular those that serve to adapt these GTC to new technical developments, new legal regulations or new jurisprudence, or insofar as the amendment is necessary to reflect organisational changes, especially the order or payment process, are reasonable. Further insignificant amendments for equivalent reasons are also reserved. Zattoo will communicate the proposed amendments to the user by email to the email address most recently communicated by them. The user is entitled to object to the amendments communicated in this way. Zattoo must receive the user's objection within 6 weeks after the notice is received. If the user does not exercise their right of objection within this period, this will be considered their implicit consent to the amendments communicated. Zattoo will will be Should the user exercise their right of objection, the contract will continue without the proposed amendments to the GTC. Zattoo's right to terminate the contract remains unaffected by this. Significant amendments to these GTC will require the express consent of the user. This includes, in particular, amendments to the fee owed by the user as well as non-insignificant amendments to the scope of services.

12. APPLICABLE LAW AND DISPUTE RESOLUTION

12.1 These GTC are subject to Austrian law to the exclusion of conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. Users who have their habitual residence in an EU Member State are also entitled to invoke the protection of the mandatory legal provisions of that Member State. inform the user in the notification letter about their right of objection, the objection period and, in particular, that failure to submit an objection within the six-week objection period considered implicit consent to the communicated amendments to the GTC.

12.2 Zattoo draws users' attention to the European platform for online dispute resolution, which can be accessed via the website https://ec.europa.eu/consumers/odr. Zattoo is not obliged to participate in such dispute resolution proceedings. If the user has a concern, they can contact Zattoo directly by email at info@zattoo.com.

12.3 If any provision of these Terms and Conditions is deemed invalid, void or unenforceable for any reason, this provision will be considered as severed from the remaining provisions of these GTC. The validity and enforceability of the remaining GTC will not be affected by this and will therefore remain in full force and effect.

13. EFFECTIVENESS

The GTC will apply in the version from 19 September 2024. This version will replaces all previous versions of Zattoo's GTC.

Version September 2024