User Agreement

15/07/2024

Administrator — means a business entity that provides Users with the opportunity to access the Service via the Internet. 

User — means an individual who uses the global Internet to receive the Administrator's Services provided under this Agreement.

TV Channel — means a set of programs united by a single creative concept, which has a permanent name (Logo) and is broadcast by the TV Broadcasters according to a certain broadcasting network.

Package of TV channels — means a list of Channels formed by the Administrator into certain packages, to which the Administrator provides access to the Users on the basis of this Agreement.

Content — audio (audiobooks, lectures, performances and other works), audiovisual, musical works, phonograms, videograms, graphic, text and other materials.

Service means providing access to the youtv Media Service with the possibility of viewing and/or listening to the TV channels in the selected Package of TV channels by the User on a free and/or paid basis depending on the selected Package of TV channels and/or the possibility of the User's access to the Content (access to a certain unit of Content).

“youtv” Media Service — is a software package based on operating systems, including, but not limited to, Windows, Android, iOS, which contains a set of words, numbers, codes, schemes, symbols, including appearance, which together constitute a single product that the User can download using the Internet and install on the End Equipment for viewing television, audio, audio-visual content in digital format. 

Promo code — is an access identifier that allows the User to get personal access to the “youtv” Media Service to watch and/or listen to the TV channels in the selected Package of TV channels and/or to access the Content (to a certain unit of Content) via the Internet, solely for personal use.

1. SUBJECT MATTER AND GENERAL PROVISIONS OF THE AGREEMENT

1.1. The subject matter of this User Agreement (hereinafter referred to as the Agreement) is the relationship between Limited Liability Company “PLATFORM TV”, a legal entity registered and operating under the laws of Ukraine, USREOU code - 40312242 (hereinafter referred to as the Administrator) and the User regarding the provision of access to the Service (access to the youtv Media Service, hereinafter referred to as the Media Service), with the possibility of viewing and/or listening to the TV channels in the selected Package of TV channels on a free and/or paid basis depending on the selected Package of TV channels and/or the possibility of accessing the Content (access to a certain unit of Content) via the Internet, solely for personal use.

1.2. This Agreement is a public offer. By performing actions aimed at obtaining the Services provided for in this Agreement, you confirm that you understand, accept and agree to the terms of this offer. 

1.3. If the User disagrees with any of the terms of this Agreement, the User shall refuse to use the Media Service further.

1.4. The Agreement is considered concluded from the moment the User starts using the Media Service, which means full and unconditional acceptance by the User of all the terms of the Agreement without any exceptions and/or restrictions.

2. USER REGISTRATION

2.1. To be able to access the Service, the User is obliged to register in the Media Service by creating an account (hereinafter also referred to as the “Personal Account”).

2.2. Registration or subsequent authorization to the User's account in the Media Service may be carried out in one of the following ways:

• by entering the User's e-mail address (login) and password in the Media Service (provided that the Media Service interface allows registration by e-mail);
• or by using the User's phone number or e-mail to receive a one-time code (password) that is valid for one or more authentication sessions and can be used by the User for a limited period of time.

2.3. Creating more than one account for one email address or one phone number (login) is not allowed.

2.4. The following login to the registered User account is carried out by authorizing it.

2.5. The User shall be responsible for the safety of his/her own login and password, including control over the e-mail address and/or telephone number (login) specified in the account, and shall be personally responsible for all actions taken using his/her own account, as well as for any consequences caused by such use. The User undertakes to immediately notify the Administrator's technical support by phone or email of any unauthorized access or use of the User's account by third parties.

2.6. In case of loss of information and/or inability to log in to your account, the User can restore access by entering your e-mail address or phone number (login), which was used to register in the Media Service, to which a text message will be automatically sent with a one-time code (password) valid for one authentication session and which can be used by the User for a limited period of time.

2.7. By completing the registration process, which ends with the creation of an account (Personal Account), the User declares that:

2.7.1. he/she familiarized with and accepted the content of this Agreement without exception;

2.7.2. he/she familiarized with the technical requirements for providing access to the Media Service;

2.7.3. he/she is at least 18 years of age or has registered with the consent of a legal representative.

3. TERMS AND PROCEDURE FOR USING THE SERVICES. USER’S ACCESS TO THE SERVICE

3.1. The User’s access to the Service is provided on the territory of Ukraine. 

3.2. The User is any individual who receives the Service, including free of charge. 

3.3. The User can access the Service by visiting the website at the following link: youtv.ua or by downloading the youtv application (for Android, iOS, Tizen, Web OS, VIDAA).

3.4. User’s access to the Package of TV channels is provided on following terms:

3.4.1. After registration and login to the Personal Account, a new User can watch TV channels of any Package free of charge for 7 (seven) days. After this period, the User can take advantage of the promotion - viewing any Package for 1 (one) hryvnia within 14 (fourteen) days. By signing up for the promotion, the User agrees to automatically write off the full cost of the selected Package for a period of 30 (thirty) days immediately after the end of the promotion period. The User may cancel the automatic debit at any time in the Personal Account and the Administrator's website, or by contacting the technical support service at the telephone numbers indicated on the Administrator's website youtv.ua. 

3.5. User’s access to the Content is provided on following terms:

3.5.1. Access to viewing a unit of Content - means providing the User with the possibility of access to viewing the unit of Content selected by such User during the selected access period, for a one-time fee, after reflecting the fact of payment in the electronic payment accounting system of the Administrator of such service.

3.5.2. The validity period of a one-time access to view the Content depends on the terms of access to the Content selected and paid for by the User under the conditional name "Rental" or "Forever".

3.5.3. The conditional validity period "Rental" means access to the Content an unlimited number of times, but for a limited period, which is calculated in calendar days at the discretion of the Administrator (this period is usually set by the Administrator by the copyright holder of such Content), and which is indicated in the service interface. The User is aware that pausing, stopping or re-enabling a paid unit of Content does not extend the period that the User has to view such unit of Content.

3.5.4. The conditional validity period "Forever" means the User's right to access the paid Content an unlimited number of times during the period, as a rule, set by the Administrator by the copyright holder of such Content, within which the Administrator has the right to provide such access to the Content unit or during the entire period of existence of the service.

3.6. Providing the User with access to the Package of TV channels and/or Content via the Media Service is also possible when the User activates the access code (promotional code) by entering such promotional code in the appropriate field of the Media Service. In this case, activation of the promotional code is possible only after the User has completed the registration procedure in the Media Service and created an account.

3.7. If the Services were provided to the User improperly due to the fault of the Administrator, the latter, upon written request of the User, shall recalculate the cost of the Services in proportion to the hours when the Services were provided improperly.

3.8. When choosing the functionality of the Service, the User is guided by his/her own will. Certain channels may contain erotic scenes, scenes of violence, profanity, and may seem inappropriate for viewing. Such channels are not recommended for people with weak mental health, pregnant women and persons under the age of 18. The Administrator is not responsible for the viewing of such scenes by the above-mentioned persons.

3.9. The Administrator informs the User that the list of TV channels in the Packages is changed on a daily basis, based on the conditions and requirements of the audiovisual content rights holders, and therefore the Administrator has the right to change the list and other characteristics of the Packages, other information, as well as functional parameters of the Service without special notice to the User. By agreeing to this clause, the User releases the Administrator from any type of reimbursement and compensation for the exercise of the Administrator's rights under this clause of the Agreement.

3.10. The Administrator shall not be responsible for the quality of the TV channel signal if the quality deterioration is beyond the control of the Administrator. The Administrator shall also not be responsible for the content of the TV channel.

3.11. The User understands and does not deny that the Administrator may unilaterally change the cost of the Package of TV channels at any time. Information about such changes shall be published on the website 30 (thirty) calendar days prior to the change. If, after the relevant changes, the User continues to receive the Services, it is considered that he has agreed to the new changes and there are no objections to the Administrator.

3.12. The User guarantees that he/she will not take any actions aimed at illegal copying and distribution of audiovisual Content.

3.13. The Administrator shall not be responsible for the technical serviceability of the devices used by the User to access the Service. Also, the Administrator is not responsible for any technical failures or other problems of any networks or services, computer systems, servers or Internet providers, computer or telephone equipment, software, Service failures, e-mail or scripts for technical reasons. By agreeing to this Agreement, the User understands that from one account he/she has the opportunity to watch the TV channels on a maximum of 5 (five) devices.

4. RIGHTS AND OBLIGATIONS OF THE ADMINISTRATOR 

4.1. The Administrator undertakes to ensure that the User has the technical ability to access the Service within the territory of Ukraine in the manner prescribed by this Agreement.

4.2. The Administrator reserves the right, at its sole discretion, to modify or delete any information published in the Service, as well as any elements and components of the Service, to restrict or terminate the User's access to all or any of the sections of the Service at any time for any reason. In this case, the Parties agree that the Administrator shall not be liable for any damage that may be caused to the User by such actions.

4.3. The Administrator shall have the right to impose any restrictions on the use of the Service, to unilaterally amend this Agreement at any time without obtaining the User's consent. If the User continues to use the Services after the Administrator unilaterally changes the terms of the Agreement, it means that the User accepts the relevant changes.

4.4. The Administrator has the right to inform the User of information messages. In particular, the Administrator has the right to send information to the User by means of notifications, pop-up messages, push-up messages or e-mails about services, novelties and terms of use of the Media Service, as well as other information, including advertising.

4.5. The Administrator undertakes not to disclose information about the User to third parties without the consent of the User, except for disclosure of information at the request of the court and/or law enforcement agencies in accordance with applicable law of Ukraine. It shall not be considered a violation of this condition if the Administrator discloses information about the User to the Administrator's employees to the extent necessary for the quality provision of services under this Agreement and to ensure the proper provision of services.

4.6. The Administrator has the right to suspend, restrict or completely terminate the Services at any time of the day at its sole discretion in case of illegal copying of the Content owned by the Administrator and/or third parties or in case of unauthorized access to its technical system.

4.7. The Administrator has the right to temporarily or completely suspend the provision of the Services, in case of preventive maintenance, for no more than 12 (twelve) hours per month. In case of preventive maintenance, the User is not reimbursed for the cost of the Services.

4.8. Administrator is obliged:

• not to post any files that contain or may contain viruses or other malicious programs;
• not to describe or promote criminal activities, not to post instructions and manuals for committing criminal acts; 
• not to post in the Media Service any information that violates the rights of third parties to the objects of intellectual property.

5. RIGHTS AND OBLIGATIONS OF THE USER

5.1. The User undertakes to use the Services provided to him/her only for legitimate purposes, to comply with the current legislation of Ukraine and the rights and legitimate interests of the Administrator and copyright holders.

5.2. By using the Service, the User gives the Administrator his/her consent to the use of his/her personal data in order to provide access to the Service, as well as to inform about new services, tariffs, preventive maintenance, etc.

5.3. Access to the Content, as part of the Service, is provided in accordance with the technical requirements necessary to use the Service. By starting to use the Service, the User unconditionally agrees that the devices from which he plans to view the Content fully comply with the necessary technical requirements, and that he agrees to take all actions necessary to access the Service specified by the Administrator in this Agreement.

5.4. All issues related to the acquisition and configuration of the relevant equipment and software products for the use of the services under this Agreement shall be resolved by the User independently. Such issues are not covered by this Agreement, and the Administrator shall not be liable for such actions of the User or third parties.

5.5. The User acknowledges and agrees that the Service is available to the User only using equipment connected to the Internet. The Services may not be available or have limited functionality when using devices that do not meet the technical requirements for using the Service, which are determined by the Administrator and specified in this Agreement.

5.6. The User shall refrain from taking actions aimed at destabilizing the operation of the Service, attempting unauthorized access to the Service, intellectual property posted therein, as well as from taking any other actions that violate the rights of the Administrator and/or third parties. The Administrator reserves the right to suspend, restrict or terminate the User's access to the Service or to certain functions of the Service at any time at its sole discretion, including, but not limited to, in case of violation of this Agreement and/or the current legislation of Ukraine by the User.

5.7. The Administrator provides the User with access to the Service for legal non-commercial individual use in the manner specified in this Agreement. The User has no right to reproduce, repeat, copy, sell, resell, provide access to a personal account to third parties, or use the Service in any way for any commercial purposes and/or any parts of the Service content without the consent of the Administrator or authorized copyright holders. In case of violation of this clause by the User, the Administrator has the right to demand reimbursement to the Administrator in full for losses incurred in connection with the User's violation of this obligation.

5.8. The User is obliged to provide accurate, up-to-date and complete information about himself/herself (hereinafter referred to as the "Personal Information") when concluding the Agreement. The User understands and agrees that the Personal Information will be used by the Administrator (their employees) in connection with the provision of the Service, its use by the User and ensuring the proper operation of the Service, information support of the User, as well as to inform about new promotions, functions and features of the Service, conducting surveys on any aspects of the Service. The period of use of Personal Information is limited to a period equal to the period of use of the Service and 3 (three) years after the end of the last fact of the User's access to the Service, unless another, longer period is established by law. 

5.9. The User is obliged to notify the Administrator of such changes in his/her Personal Information provided at the conclusion of the Agreement to ensure its accuracy, relevance and completeness.

5.10. The User is obliged to use the information received from the Service exclusively for legal and personal non-commercial purposes.

5.11. The User, as an adult, guarantees that access to the Service by minors and underage persons is carried out under his/her control and the use of the Service by such persons will be carried out under the control of the User in compliance with the restrictions established by the current legislation of Ukraine.

5.12. The User undertakes not to attempt to disable or otherwise interfere with any technical means of protection of the Service or the results of intellectual activity placed therein, which prevent or restrict the use or copying of any information or results of intellectual activity placed in the Service.

5.13. The User undertakes not to attempt to change or modify any part of the Service, as well as not to use the Service and the results of intellectual activity posted therein for commercial purposes.

5.14. When using the Service, the User is prohibited from downloading, storing, publishing, distributing and providing access to or otherwise using any information that: is the intellectual property of third parties who have not authorized the User to use it, as well as violates other rights and interests of individuals and legal entities or the requirements of the legislation of Ukraine.

5.15. The User agrees to receive informational messages (including advertising) from the Administrator. The User shall have the right to refuse the above forms of notifications by making the appropriate settings in their electronic cabinet or by contacting the Administrator's technical support.

5.16. The User is obliged to fulfill other obligations established by this Agreement.

5.17. The User confirms that he/she is fully aware of, understands and accepts the terms and conditions of this Agreement, and that the Administrator reserves the right to remove any functionality from the Service without notifying the User, including in connection with the expiration of the Administrator's agreements with the relevant Copyright Holders.

5.18. The Administrator has the right to block the User's access to the Service and/or account and/or functionality (including paid ones) in case of violation of the terms of this Agreement by the User or in case the Administrator considers the User's actions to be fraudulent, malicious, aimed at disrupting the operation or functionality of the Service, undermining the reputation of the Service or brand, DDOS/DOS attacks, etc. In this case, the funds paid by the User for using the Service are non-refundable, and the User's account is blocked.

6. TERMS AND PROCEDURE FOR PAYMENT FOR SERVICES

6.1. Before receiving the Services, the User shall independently familiarize himself/herself with the information on the cost of the Package and other related services on the website (youtv.ua).

6.2. The User can replenish the account through his/her own electronic cabinet, where he/she can familiarize himself/herself with the methods and payment details.

6.3. The Administrator reserves the right to terminate the provision of the Services without notice if at the beginning of the billing month and on the User's balance there are insufficient funds to receive the Services.

6.4. For the provision of the Services under this Agreement as part of one Package on an ongoing basis, the User shall make a payment, which is a fixed monthly payment (period of 30 (thirty) days from the date of payment), consists of the components specified in this paragraph and depends on the cost of the Package selected by the User and is subject to receipt to the current account in advance, or a subscription to the selected Package for a period of 3 (three) months, 6 (six) months or 12 (twelve) months at the User's choice, received in a single advance payment for the selected period, taking into account the acceptance of payments by some banking systems. 

6.5. Payment for services may be made without the User's participation (except for one-time access), but with his/her prior consent on an ongoing basis by means of automatic debiting of funds from the User's bank account or account in the User's electronic payment system, etc. in accordance with the terms and conditions of the bank and/or payment system, provided that there are funds in such account. This clause is the User's consent to the contractual debiting of his/her account by the servicing bank when selecting the "Pay" option when installing and paying for services via online banking on TV or mobile devices. Automatic debiting of funds for the Administrator's services occurs systematically, in accordance with the cost of the Package selected by the User and the subscription to the Package for a period of 3 (three) months, 6 (six) months or 12 (twelve) months at the User's option. In the event of an unsuccessful attempt to debit funds from the User's account at the time of automatic debit, automatic debit will be carried out until the funds are successfully debited. The User may at any time cancel further automatic debiting in the personal account on the Administrator's website or by contacting the Administrator's technical support service at the telephone numbers indicated on the Administrator's website: youtv.ua.

7. RESPONSIBILITY

7.1. Access to the Services is provided "as is" and the Administrator does not guarantee their compliance with the User's expectations.

7.2. The User understands and agrees that the Administrator shall not be liable to the User for any functionality posted on the Service, including, but not limited to, the following: texts and comments, images, as well as any other information.

7.3. The Administrator shall not be liable for any errors, omissions, interruption, deletion, defects, delays in processing or transmission of data, communication line failures, theft, destruction or unauthorized access by third parties to the intellectual property posted on the Service. The Administrator is not responsible for any technical failures or other problems of any networks or services, computer systems, servers or Internet providers, computer or telephone equipment, software, Service failures, e-mail or scripts for technical reasons. Also, the Administrator is not responsible for the error-free and uninterrupted operation of the Service, termination of the User's access to the Service and the results of intellectual activity posted on the Service, storage of the User's data providing access to certain services and functionality of the Service, as well as losses incurred by the User for reasons related to technical failures of hardware or software.

7.4. The Administrator shall not be liable for any damage caused to the equipment or software of the User or any other person caused by or related to the use of the services under this Agreement.

7.5. Under no circumstances shall the Administrator be liable to the User or any third parties for any direct, indirect, unintentional damage, including lost profits, damage to honor, dignity or business reputation arising from the use of the Media Service.

In any case, the Parties accept and agree that the amount of possible compensation by the Administrator for losses incurred by the User related to the use of the Media Service is limited to the amount of actual and documented losses, which shall be reimbursed on the basis of a court decision that has entered into force.

7.6. The Administrator shall not be liable to the User or any third parties:

• for User’s actions in Media Service;
• for the content and legality, accuracy of the information used by/received by the User in the Media Service

7.7. The Administrator shall not be liable for violation of this Agreement by the User.

7.8. The Administrator shall not be liable for the content, reliability and accuracy of the advertising information posted on the Media Service and for the quality of the advertised goods/works/services.

7.9. The Service may contain links to other Internet resources. The User acknowledges and agrees that the Administrator does not control and is not responsible for the availability of these resources and their content, as well as for any consequences associated with the use of these resources. The User shall make any clicks on the links at his/her own risk. 

8. INTELLECTUAL PROPERTY

8.1. All intellectual property rights to use the Media Service belong to the Administrator, and to the Content posted on the Media Service - to its legal owners. The Media Service and the Content, as intellectual property objects, are subject to legal protection in accordance with the current legislation of Ukraine and international legal norms. 

8.2. The User does not receive any intellectual property rights to the Content, in particular, does not have the right to reproduce Content units, sell, otherwise alienate, publicly display, publicly perform, make public, etc. The User shall be liable for violation of the intellectual property rights of the Administrator, the Content owners or third parties in accordance with the current legislation of Ukraine and international legal norms.

8.3. Any actions aimed at circumventing technical means of protecting the Content in order to gain access to such Content shall constitute copyright infringement, and the User shall bear legal and other liability for such actions under the current legislation of Ukraine.

8.4. Access to the results of intellectual activity posted in the Media Service is provided by the Administrator solely for personal non-commercial use without the right to reproduce (including copying / downloading / saving) such objects in the memory of the User's electronic devices, as well as without the right to any other use not provided for in this Agreement. In case the Content or other information provided in the Media Service is broadcast publicly, for example, in entertainment and leisure facilities, the organizers of such public broadcasting shall be responsible and independently resolve claims of the copyright holders and/or third parties related to such use.

8.5. The Administrator reserves the right to remove from the Media Service at any time any Content posted therein without notifying the User.

9. OTHER TERMS

9.1. The current legislation of Ukraine shall apply to this Agreement. Issues not regulated by the Agreement shall be resolved in accordance with the laws of Ukraine.

9.2. The User may terminate this Agreement at any time by deleting his/her account in the Media Service. In this case, the cost of the paid Services shall not be refunded.

9.3. All disputes, disagreements, demands and claims under this Agreement shall be resolved through negotiations. In case of failure to reach an agreement between the Parties through negotiations, the dispute shall be settled in court at the location of the Administrator in accordance with the current legislation applicable to the Agreement.

9.4. All capitalized terms used in the text of this Agreement shall have the meanings given to them in this Agreement and their meanings shall apply to all word forms, both singular and plural. Other terms used in this Agreement and not defined herein shall have the meanings as defined in the current laws applicable to this Agreement.

9.5. With respect to the Content (audiovisual, musical works, phonograms, videograms, graphic, text and other materials) that contains the marking "Content provided by MEGOGO", the services for the User's access to the said content are provided by Megogo Limited Liability Company (USREOU Code: 38347009, location: 18 V, Novokostiantynivska St., Kyiv, Ukraine, 04080).

9.6. The Services are provided on the territory of Ukraine.

9.7. If the User has made a payment for the Services, he/she confirms that he/she has read this Agreement and accepts its terms and conditions and undertakes to comply with them. If the User uses the Services free of charge, it also means that he/she agrees to the provisions of this Agreement.

9.8. In case of any questions, notifications, suggestions, complaints regarding the Media Service, the User may contact the Administrator by sending a corresponding letter to the address: 01103, Kyiv, Mykoly Mikhnovskoho Bulevard, 14-16, or to e-mail address: support@youtv.com.ua or by phone: 0 800 600 980.