USER AGREEMENT

(Ivi Terms of Service, international version)

Welcome to the international version of the Ivi Service. The Ivi Service shall enable you to legally access and view movies, cartoons, and TV series online via various Devices. Services available through the Ivi Service are provided for a fee.

This user agreement (the “Agreement”) shall govern: • the terms of use of the Ivi Service; • the contractual relationship between the User and the Administrator; • the terms governing the use of intellectual property made available on the Ivi Service; • the terms for the provision of Services by the Administrator to the User. This Agreement shall apply exclusively within the Territory.

AGREEMENT CONTENT

1. Terms and Definitions
2. Subject of the Agreement. Acceptance and Amendment of the Agreement Terms
3. Age Restrictions
4. Registration, Account, Profiles
5. Video Content Catalogue. Term and Territory of Use
6. Translation, Subtitles, Soundtrack
7. Temporary Download of Video Content / Embed Code
8. Service Content and Functionality
9. Reviews / Comments
10. Placement / Distribution of Advertising and Informational Materials
11. Description of Services Provided on the Platform
12. Cost of Paid Services on the Platform
13. Automatic Renewal. Cancellation of Subscription. Refunds
14. Trial Period and Promotional Offers
15. Provision of Receipts. Payments: Personal Balance
16. Technical Requirements
17. Lawful Use of the Service Information Security Requirements
18. Intellectual Property
19. Liability. Disclaimer
20. Jurisdiction. Governing Law
21. Customer Support. Claims and Legal Communications Procedure
22. Final Provisions

1. TERMS AND DEFINITIONS

"Administrator" shall mean the owner and intellectual property rights holder of the Service, Ivi.ru LLC.

"Video Content" shall mean audiovisual works in digital formats (including fiction, documentary, popular science, educational, animated, cinematic, television and video films, and TV series), excluding Trailers. The term Video Content may refer to a single audiovisual work or to multiple or all audiovisual works made available on the Service, depending on the context.

"Account Group Owner" or "Owner" shall mean a User who invites other Users to join his/her Account Group.

"Temporary Download of the Video Content" shall mean temporary storage of a digital copy of the Video Content on a User’s mobile Device for Viewing in accordance with this Agreement without requiring Internet access.

"Account Group" shall mean multiple accounts linked to the Owner’s Account Group.

"Personal Account" shall mean the User’s personal page on the Service, accessible after registration and authentication.

"Personal Balance" shall mean the User’s balance in the Personal Cabinet; points the User may use to order Services on the Service.

"Media Player" shall mean the software used by the User to view Video Content on the Service.

"Partner" shall mean telecom operators, device manufacturers/vendors, marketplaces, retail stores, and the like, who independently distribute the Administrator’s Services and collect payment for them.

"Title Agreements" shall mean agreements (license, agency, exclusive right transfer, and others) with licensors, rights holders, or authorized parties that grant the Administrator the legal right to place Video Content on the Service.

"View" or "watch" shall mean access to the streaming of Video Content via the Internet.

"Service" or "Ivi Service" shall mean the audiovisual platform operated by Ivi, which provides access to Video Content for a fee.

"Certificate" shall mean a unique combination of letters and/or numbers which, upon activation of the Service, entitles the holder to the Services, discounts, or other benefits specified in the Certificate. The Certificate may be distributed via printed/electronic materials and promotions.

"Territory" shall mean all countries where the Ivi Service is available and functioning, excluding the Russian Federation, Armenia, Azerbaijan, Belarus, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan, Georgia, and other countries listed on the Service.

"Trailer" shall mean a short video clip composed of brief and visually compelling segments of the Video Content, used to promote such Content.

"Services" shall mean paid services for technical access to Video Content viewing, as provided by this Agreement or expressly stated on the Service, which the Administrator shall render to the User.

"Device(s)" shall mean various user devices (computers, laptops, mobile phones, Smart TVs, set-top boxes) that allow access to the Service via the website or via dedicated software installed on such Device(s).

"Member of an Account Group" or "Member" shall mean a User whose account has been added to the Account Group by the Account Group Owner.

"Embed Code" shall mean a hyperlink to a specific instance of Video Content, enabling the display of the Service’s Media Player on third-party platforms.

2. SUBJECT OF THE AGREEMENT.

ACCEPTANCE AND AMENDMENT OF THE AGREEMENT TERMS

2.1. The Service shall mean an Internet-based platform (the domain name of the international version of the Service is https://www.Ivi.tv), along with software distributed under the IVI (Иви) trademark that shall be installed on various Devices.

2.2. The Service shall be intended for personal, non-commercial Viewing of Video Content.

2.3. The User shall have the right to purchase paid Services from the Administrator, as provided under this Agreement.

2.4. This Agreement shall constitute a public offer.

2.5. The User shall be deemed to have fully and unconditionally accepted the terms of this Agreement upon any use of the Service, the Services, the intellectual property made available through the Service, or upon registering an account.

2.6. Such acceptance shall mean that the User agrees to enter into a binding contract on the terms proposed by the Administrator, including all rights and obligations set out in this Agreement. Failure to review this Agreement shall not release the User from any obligations hereunder or invalidate the formation of this contract.

2.7. The current version of the Agreement shall be available at https://www.Ivi.tv/info/agreement/. The User shall undertake to review this Agreement regularly, at least once every fourteen (14) calendar days, to stay informed of any updates or amendments.

2.8. The User’s continued use of the Service after any updates or amendments to the Agreement shall constitute acceptance of such changes.

2.9. If the User does not agree to the terms of this Agreement, the User shall stop using the Service and delete his/her account.

3. AGE RESTRICTIONS

3.1. Age Category of the Service

3.1.1 The Service shall include content suitable for all age categories. The general age classification of the Service shall be 18+, as certain content may be restricted for children under applicable law.

3.1.2 If an age classification is specified for any Video Content on the Service, this shall mean that access to such content is prohibited for children under the specified age.

3.2. Age Category Labelling on the Service

3.2.1. The Administrator shall, at its discretion, assign an age category to Video Content: on the content page (card) displaying the title and description; within the Media Player, by means including but not limited to splash screens, video frames, player interface elements, or age banners.

3.2.2. The Administrator may also implement a mandatory age confirmation pop-up when a User attempts to access content labelled as 18+. If the User declares that they are under 18 years of age, the Service shall deny access to the relevant content page (card).

3.3. Determining Age Category

3.3.1. The Administrator shall determine the age category of Video Content based on the following: the classification provided by the producer, right holder, or licensor of the Video Content, Broadcasts, or TV Channels, either independently or through an expert, in accordance with applicable law, and as specified in the Title Agreement with the Administrator; the age category established by the competent state authority pursuant to applicable legal requirements.

3.3.2. The Administrator shall also have the right to independently classify informational content published on the Service in accordance with applicable law.

3.3.3. The Administrator may, without notice to the User, revise the age category assigned to Video Content or any other material published on the Service. The Administrator shall revise the age category upon lawful request of any authorized governmental authority.

3.4. Access to the Service by Minors

3.4.1. A minor shall refrain from accessing sections of the Service or Video Content not intended for their age category.

3.4.2. An adult User (i.e., a User who has reached the legal age under the laws of his/her country of residence, but in any case not younger than 18) shall warrant that: minors access and use the Service under the supervision of an adult User and in compliance with applicable law and this Agreement; the adult User does not and shall not provide minors with access to any Service sections or Video Content that fall outside the minor’s age category; the adult User monitors purchases made via the User's Account and shall not allow any minor to make a Purchase without the adult User’s consent.

3.4.3. All purchases made by a minor in the User's Account shall be deemed to have been made by the adult User. The Administrator shall have the right to withhold any refund related to such purchases.

3.4.4. The User may restrict a minor’s access to age-inappropriate content by creating a child profile within his/her Account. The child profile shall allow access only to Video Content classified as 0+, 6+, or 12+. The creation of a child profile shall be subject to the terms outlined in the section of the Agreement titled "Registration, Account, Profiles."

4. REGISTRATION, ACCOUNT, PROFILES

4.1. Paid Services and additional functionality of the Service shall be available to the User only upon registration and authorization on the Service. Each User is strongly encouraged to create an account to ensure proper use of the Service.

4.2. Creating and Maintaining an Account

4.2.1. By creating and using an account on the Service, the User shall:

  • provide accurate and up-to-date information in the registration forms;
  • provide a phone number and/or email address that belongs to the User;
  • confirm the phone number and/or email address, if required, by entering a code, clicking a confirmation link, or by any other means as determined by the Administrator;
  • periodically update the provided information to ensure its accuracy, currency, and completeness.

4.2.2. Through the account, the User may, inter alia:

  • review and monitor payment due dates, payment methods, and linked bank card details;
  • access information regarding automatic renewal dates and paid Services acquired;
  • view the history of content consumption (View History).

4.2.3. The User shall:

  • not grant access to his/her account to any third party;
  • not register more than one account per indIvidual.

4.2.4. If the User registers more than one account or otherwise breaches the terms of account use, the Administrator shall be entitled to:

  • delete any duplicate or non-compliant accounts created by the User;
  • deny the User further access to the Service.

4.3. "Share Subscription" Feature

4.3.1. The "Share Subscription" feature shall be available to Users holding an Ivi Subscription (including during the Trial Period), allowing them to invite other Users to an Account Group.

4.3.2. The Account Group Owner and all Account Group Members shall:

  • each maintain his/her own indIvidual account;
  • act as independent Users of the Service;
  • not have access to each other’s accounts.

4.3.3. Limitations of the "Share Subscription" Feature:

  • The Owner may extend the "Share Subscription" feature to no more than four (4) accounts held by adult Users (Account Group Members);
  • Access to Video Content purchased under the Rent, Purchase, Pre-order, HD Rent, or HD Purchase models shall be granted solely to the purchasing User and shall not be accessible to other Account Group Members.

4.3.4. Users Joining an Account Group

4.3.4.1. To share an Ivi Subscription, the Account Group Owner shall send an Invitation link (the "Invitation") to the phone number or email address of each intended Member.

4.3.4.2. To keep viewing history, content recommendations, and other usage history, adult profiles shall be converted into Account Group Member accounts. To effect this, the Account Group Owner shall access the deactivated adult profile, issue the Invitation, and the Member shall accept the Invitation in accordance with the Agreement.

4.3.4.3. Only the Account Group Owner may issue Invitations, and only where an active Ivi Subscription exists on his/her account.

4.3.4.4. To accept the Invitation and join the Account Group, the Member shall follow the Invitation link and complete the registration process (if a new User) or log in (if already registered).

4.3.4.5. The Invitation link shall remain valid for twenty-four (24) hours from the time of referral. Upon expiration, the Invitation shall be deemed revoked, and the Account Group Owner may issue a new Invitation.

4.3.5. Restrictions for Account Group Members

An Account Group Member may join an Account Group subject to satisfaction of all the following conditions:

  • the account of the Account Group Member does not have an active Ivi Subscription;
  • the most recent deactivation of an Ivi Subscription on the Account Group Member’s account occurred at least forty-five (45) days prior to accepting the Invitation;
  • the Account Group Member’s account contains valid payment details of a bank card legally owned by the Account Group Member. At the time of accepting the Invitation, a temporary hold may be placed on the Account Group Member’s bank card to verify its validity. The amount held and the duration of the hold shall be determined by the issuing bank and shall not be governed or influenced by the Administrator.

4.3.6. Account Group Owner’s Cancellation of the Ivi Subscription

4.3.6.1. Only the Account Group Owner shall be entitled to manage and pay for the Ivi Subscription within the Account Group.

4.3.6.2. Should the Account Group Owner fail to pay in full for the upcoming billing period of the Ivi Subscription, access to the Subscription shall be terminated for the Owner and all Account Group Members on the day following the end of the last paid period.

4.3.6.3. The Account Group Owner may opt out of automatic renewal of the Ivi Subscription under the terms of the Agreement. In such case, all Members of the Account Group shall retain access to the Ivi Subscription until the automatic renewal is disabled or until the end of the current paid period, as set forth in the Agreement.

4.3.6.4. Members shall regain access to the Ivi Subscription within the Account Group only if the Owner pays the subscription fee for a new billing period of the Ivi Subscription.

4.3.6.5. The Administrator may, in the manner provided in the Agreement, shorten the Trial Period of the Ivi Subscription for the Account Group Owner if the Owner disables automatic renewal during an active Trial Period. In such case, all Members of the Account Group shall lose access to the Ivi Subscription granted under the Trial Period.

4.3.7. Account Group Composition. Excluding Members from the Account Group

4.3.7.1. Only the Owner shall determine the composition of Members in the Account Group.

4.3.7.2. If the Owner disables the Ivi Subscription in the Account Group for any reason, the Account Group shall retain the same composition as it had prior to such disabling.

4.3.7.3. The Account Group Owner may, at any time, exclude any Member from the Account Group in the "My Accounts" section by clicking the "Exclude from Subscription" button. In such case, the Member shall lose access to the Ivi Subscription connected to that Account Group.

4.3.8. Rights of Account Group Members. Member’s Withdrawal from the Account Group

4.3.8.1. Members of the Account Group shall have the right to independently activate and pay for the Rent, Buy, Pre-order, HD Rent, and HD Buy services in his/her own account. These Services shall be available only in the account in which they are paid for and purchased.

4.3.8.2. A Member may withdraw from the Account Group at any time by clicking the "Unsubscribe" button via the path: "Subscriptions" – "[Subscription Type]" – "Manage". In such case, the Member shall lose access to the Ivi Subscription connected to the Account Group.

4.3.8.3. A Member of an Account Group shall have the right to activate the Ivi Subscription in his/her own account independently at any time. However, if the Member independently activates the Ivi Subscription in their own account (including via Certificate or for a Trial Period), his/her participation in the Account Group shall automatically terminate. The Member shall lose access to the Ivi Subscription connected to the Owner's Account Group and shall gain access to the Ivi Subscription activated independently.

4.4. Profile Viewing. Children’s Аccount

4.4.1. The User may create multiple profiles for minors under a single account. Such profiles shall enhance personalized recommendations and safeguard minors from inappropriate content.

4.4.2. The total number of profiles per account shall not exceed five, as follows:

  • The main profile shall be used exclusively by adults;
  • The number of profiles for minors shall not exceed four.

4.4.3. Profiles within an account may be unavailable on certain Devices, including Xbox.

4.5. Account on Different Devices

A single account shall entitle the User to access the Service across various Devices, subject to the following restrictions:

  • Video content purchased for viewing on one Device may not be available for viewing on another Device, due to limitations under the applicable Title Agreements;
  • Multiple accounts may be simultaneously authorized on a single Device. The User may switch between accounts in the "Who’s Watching" section;
  • When using the Ivi Subscription, no more than five Devices (screens) may be linked to a single account where the User is authorized.

4.6. Account Security Measures

4.6.1. The User shall take all reasonable and appropriate measures to protect the security of the account, including:

  • Not to disclose login credentials (username and password) to third parties and to ensure their secure storage;
  • To change the password regularly;
  • To log out of the account after using a public or shared Device by selecting the "Logout" option;
  • Not to permit any third party to perform actions using the User’s credentials;
  • To promptly notify the Administrator’s support service of any loss or unauthorized disclosure of login credentials, or any unauthorized access to the Service under the User’s account.

4.6.2. Any actions performed by an indIvidual authorized under the User’s account shall be deemed actions of the User. The User shall bear full responsibility and liability:

  • For any damages arising from the loss of login credentials or unauthorized use of the User’s account;
  • For all actions performed by an indIvidual authorized on behalf of the User.

4.6.3. The Administrator shall not be liable for, shall not refund any paid amounts, and shall not compensate for any damages resulting from the unauthorized use of the User’s account by third parties.

4.6.4 The User shall not transfer, assign, sell, or otherwise grant the right to use his/her account on the Service to any third party without the prior consent of the Administrator.

4.6.5 The Administrator shall not use the credentials obtained during registration for any unlawful purposes and shall guarantee the confidentiality of such data.

4.6.6. The Administrator may disclose information about the User and the User’s account upon a lawful request by law enforcement or other governmental authorities, as well as for the purpose of providing the Services.

4.7. Account Deletion

4.7.1. The User shall have the right to discontinue use of the Service and to cancel the Account.

4.7.2. For information security purposes, the User shall not be permitted to delete the Account independently. Account deletion shall be carried out by:

  • the Administrator, if the User created the Account directly on the Service;
  • the Partners, if the User created the Account through the services of the Partners.

4.7.3. Account Deletion Procedure:

  • To delete an Account, the User shall complete the designated request (application) form. To receive the link to the form, the User shall submit an account deletion request to Ivi Support.
  • To delete an Account on a Device operating on iOS, the User shall initiate Account deletion via the "Delete Registration" button on the Device.
  • To delete an account on the Device operating on Android, the User shall initiate Account deletion via the "Delete Account" button in the "Help" section of the Service’s mobile application.

The Administrator shall verify that the Account belongs to the User. If verification is successful, the Administrator shall delete the User’s Account within five (5) days of receIving a valid request.

If the request is submitted from an iOS or Android Device, the Administrator shall delete the Account without verification within five (5) days of receIving a valid request.

4.7.4. By initiating Account deletion, the User acknowledges and agrees that Services shall be terminated voluntarily at the User’s own initiative and that no costs or losses shall be reimbursed. Following deletion, the User’s viewing history and any previously purchased accesses shall not be restored.

4.7.5. To delete an Account created through the Partners, the User shall contact the Partners directly in accordance with the procedures established by them.

5. VIDEO CONTENT CATALOGUE. TERM AND TERRITORY OF USE

5.1. The Administrator shall place Video Content on the Service pursuant to the applicable Title Agreements. The Administrator also holds rights to certain portions of the Video Content on the Service.

5.2. Term of Use

5.2.1. The Title Agreements shall define the permitted duration for use of Video Content on the Service. The Administrator shall not make Video Content available beyond the term specified in the applicable Title Agreement. Video Content shall be removed from the Service upon expiration of the permitted period of use.

5.3. Territory

5.3.1. The Title Agreements shall define the permitted geographic territory in which Video Content may be made available through the Service. The Administrator shall not make Video Content available beyond the territorial boundaries set forth in the applicable Title Agreement. As a result, certain Video Content may be unavailable in specific countries (or localities) of the Territory.

5.3.2. The available Video Content catalogue shall vary across different countries (or localities) within the Territory.

5.3.3. The boundaries of countries comprising the Territory shall be defined by the relevant right holder/licensor in accordance with the applicable Title Agreement. Certain Video Content may be unavailable in specific cities or regions of a country due to contractual restrictions imposed by the Title Agreement.

5.3.4. The User’s geographic access point to the Service shall be determined using specialized software based on the IP address from which the User connects to the Internet. The User shall warrant that they do not and shall not use tools (such as VPNs or similar means) that artificially alter the geographic access point to the Service.

5.3.5. If the Administrator determines that the User has artificially modified his/her geographic location, the Administrator may either block the User’s access to the Service or provide a content catalogue based on the User’s actual location.

5.4. Catalogue

5.4.1. The Administrator shall endeavour to provide the User with the most valuable content offering and shall have the right to periodically update the Service Catalogue by adding new Video Content Simultaneously, the Administrator shall have the discretion to remove or relocate any intellectual property-protected materials made available on the Service (including Video Content).

5.4.2. In certain cases, the Administrator shall indicate on the Service the release date of new episodes of Video Content. Such release date shall be indicative only. The Administrator shall use its best efforts to release new episodes of Video Content on the indicated date, but release dates may change for reasons beyond the Administrator’s control. For example, the release date may be postponed by the copyright holder or altered due to extended time required for preparing dubbing of the Video Content.

6. TRANSLATION, SUBTITLES, SOUNDTRACK

6.1. The Administrator shall strive to provide the User with the option to view any Video Content in the original language, as well as with translations and subtitles. However, the Title Agreements may contain restrictions or prohibitions on such use. If prohibited by the Title Agreements, the Administrator shall not post Video Content in the original language, nor soundtracks or subtitles in separate languages. Additionally, the Administrator may lack soundtracks in the original or other languages, or subtitles for specific Video Content if they were not provided by the copyright holder or licensor. Therefore, some Video Content on the Service shall be available in the original language and/or translated versions (including subtitles), while other Video Content may only have an audio track in a single language without subtitles.

6.2. Voiceover Studio. Trailers

6.2.1. The Administrator shall determine the voiceover studio for Video Content (including translators, authors, and voiceover performers) at its sole discretion, considering the following:

  • Requirements of the Title Agreement regarding the soundtrack;
  • Soundtracks actually received from the copyright holder/licensor.

6.2.2. The soundtrack of the Trailer (voiceover studio, including translators, authors, performers, and language) may differ from the soundtrack of the Video Content. The Trailer soundtrack shall be provided for informational purposes only and shall not guarantee a similar soundtrack for the Video Content.

6.3. Adding/Modifying Audio Tracks and Subtitles

6.3.1. The Administrator shall have the right to add or modify the audio tracks of Trailers and Video Content at any time without notifying the User.

6.3.2. The Administrator shall not have the right or technical capability to change the language of the audio track, voiceover studio (authors, performers) of the Video Content or Trailer, or to add subtitles upon the User’s request or at the User’s discretion. However, the Administrator shall take the User’s preferences into account to improve the Service.

6.4. Quality and Errors

6.4.1. Soundtracks and subtitles shall be provided to the Administrator by third parties (copyright holders, licensors, contractors). The Administrator shall make best efforts to ensure the soundtracks and subtitles are of appropriate quality but cannot guarantee or exclude errors. If the User identifies errors in the soundtracks or subtitles, the User shall have the right to contact support, and the Administrator shall correct such errors within the shortest possible timeframe.

6.4.2. Subtitles shall generally be synchronized with the audio track in the original language of the Video Content. Discrepancies may occur when subtitles accompany the translated audio track.

7. TEMPORARY DOWNLOAD OF VIDEO CONTENT / EMBED CODE

7.1. Temporary Download of Video Content

7.1.1. If permitted by the Title Agreements and the type of Service, the Temporary Download of Video Content may be made available on the Ivi Service.

7.1.2. Temporary storage of the digital copy of the Video Content shall occur within the Service’s software application installed on the Device.

7.1.3. The Member shall not copy the downloaded Video Content

7.2. Limitations for Temporary Download of Video Content

Temporary download of Video Content shall only be available for: - certain mobile Devices operating on Android and iOS systems; - a limited catalogue of Video Content; - specific Video Content quality settings.

7.3. Retention Period of the Video Content on the Device

7.3.1. Administrator shall independently determine the retention period of the digital copy of Video Content on the Device. Upon expiry of this period, the digital copy shall automatically be deleted from the Device or become unavailable for Viewing.

7.3.2. The Temporary Storage Period shall, in any event, expire on the earlier of the following: - the last day of the licensing period of the Video Content under the applicable Title Agreement; - the end of the Member’s Service subscription period.

7.3.3 Administrator shall have the right to establish additional restrictions on Video Content download, as set forth in the applicable Title Agreements.

7.4. Embedding Media Player with Video Content on Third-Party Resources

7.4.1. The User may copy the Embed Code of a portion of the Video Content available on the Service and post it to third-party websites or the User’s personal social media pages, subject to the following conditions:

  • storage and public access to the Video Content shall be provided directly via server infrastructure owned or rented by Administrator;

  • hyperlink placement shall not constitute actual hosting of the Video Content copy on a third-party platform; the Embed Code shall be posted only on platforms (including social media and websites) whose use is not prohibited or restricted and does not violate applicable law;

  • the copy function for the Embed Code must be enabled for the relevant Video Content;

  • the Embed Code shall be used strictly for the User’s personal, non-commercial purposes.

7.4.2. Administrator shall independently determine the list of Video Content for which the Embed Code functionality is available. In doing so, Administrator shall act in accordance with the restrictions set out in the applicable Title Agreements and in its own commercial interests.

7.4.3. Administrator shall provide access to Viewing of Video Content via the Embed Code, subject to applicable territorial restrictions and the requirements of the right holder or licensor of the relevant Video Content.

7.4.4. Any use of the Video Content or Embed Code not expressly authorised under this Agreement is strictly prohibited. Unauthorised use shall constitute a breach of this Agreement and an infringement of the licensors’ or right holders’ exclusive rights, and may result in legal liability.

8. SERVICE CONTENT AND FUNCTIONALITY

8.1. Links to Third-Party Resources The Service may contain links to third-party resources on the global Internet. The Administrator does not control such third-party resources and shall assume no liability for their availability, content, or for any consequences arising from the User’s use of such resources. The User shall follow such links at his/her own risk.

8.2. Recommendation System

The Administrator shall strive to provide each User with personalized content offerings. To this end, the Service shall employ a recommendation system that uses technical tools to select Video Content matching the interests of a specific User.

The recommendation system shall operate based on mathematical methods and algorithms. The system shall analyse the User’s viewing history and content ratings. The outcomes generated by the recommendation system shall be predictive in nature and may not reflect the User’s actual preferences, aesthetic tastes, or moral values. The Administrator shall not be liable for any mismatch between recommended content and the User’s actual preferences.

8.3. Modifications to Service Content

The Administrator may, in connection with the functional development and modernization of the Service:

  • independently modify (add or remove) any information published on the Service, including any component of the Service;
  • suspend, restrict, or terminate the User’s access to outdated sections of the Service.

Due to such functional development and modernization of the Service, buttons, indicators, and sections of the Service referenced in this Agreement may be renamed at the sole discretion of the Administrator from time to time.

9. REVIEWS / COMMENTS

9.1. The Administrator may provide Users with the ability to post comments or reviews of Video Content on the Service.

9.2. Inadmissible Reviews/Comments

When using the Service, the User shall not upload, store, publish, distribute, grant access to, or otherwise use any information that:

  • is intended to commit criminal acts or administrative offences;
  • contains public incitement to terrorist actIvities or publicly justifies terrorism;
  • contains extremist material;
  • is vulgar or obscene, contains profanity or pornography;
  • promotes violence or cruelty;
  • contains threats, discredits, insults, or defames the honour, dignity, or business reputation of others, or invades the privacy of Users or third parties;
  • violates the rights of minors;
  • describes methods or means of suicide, or incites suicide in any manner;
  • promotes or incites racial, religious, or ethnic hatred or hostility, or promotes fascism or ideologies of racial superiority;
  • promotes criminal conduct or provides instructions or guidance on the commission of criminal acts;
  • discloses state secrets or other information specially protected by law;
  • contains restricted access information, including but not limited to trade secrets or private information of third parties;
  • contains advertisements of the User, third parties, or their goods, works, or services;
  • is fraudulent;
  • constitutes intellectual property belonging to third parties who have not authorized the User to use it;
  • contains links to third-party resources whose content violates applicable law;
  • otherwise infringes upon the rights and interests of indIviduals or legal entities or violates applicable law.

9.3. Right to Use a Review/Comment

By publishing a review or comment, the User shall guarantee authorship and shall grant the Administrator the right to use such review or comment:

  • under a non-exclusive license;
  • in the manner of public communication and distribution;
  • in all territories worldwide;
  • for the duration of the exclusive rights;
  • anonymously;
  • free of charge.

9.4. The Administrator shall not remove reviews or comments from the Service at the request of Users if such reviews or comments comply with the terms of this Agreement and applicable law.

9.5. Administrator’s Rights and Disclaimer of Liability

9.5.1. The Administrator shall not perform prior moderation or censorship of comments or reviews. The Administrator shall undertake to protect the rights and interests of third parties only upon receipt of a relevant request from an interested party, submitted in accordance with the procedure set forth in this Agreement.

9.5.2. The User shall bear full responsibility for creating and posting comments and reviews of Video Content on the Service in accordance with this section of the Agreement and applicable law.

9.5.3. The Administrator may, at its sole discretion, at any time and for any reason, without notice to the User:

  • remove any comment or review from the Service;
  • restrict or disable the comment and review functionality on the Service.

10. PLACEMENT/DISTRIBUTION OF ADVERTISING

AND INFORMATIONAL MATERIALS

10.1. Advertising and Informational Spots on the Service

The Administrator shall have the right to:

  • place advertisements in any section of the Service;
  • interrupt any (including paid) display of Video Content to show informational videos about the Video Content, the functionality, or features of the Service.

10.2. Advertising with an Active Ivi Subscription

The Administrator shall inform the User that claims regarding ad-free viewing under an Ivi Subscription apply solely to the ad-free display of Video Content within the Media Player, subject to the exceptions below. Even with an active Ivi Subscription, advertisements shall still be displayed:

  • in areas of the Service outside the Media Player (such as banners, special advertising projects, etc.);
  • if advertisements, announcements, or promotional videos are embedded in the Video Content not by the Administrator but by the content right holder and are not subject to removal under the terms of the Title Agreement, as required by the right holder.

10.3. Prohibition of Ad Blocking

The User shall:

  • not use any software or technology that blocks advertisements on the Service, including during the display of Video Content (e.g., AdBlock);
  • refrain from otherwise disabling or blocking any advertising content on the Service.

10.4. Newsletters to Users

10.4.1. The Administrator shall have the right to distribute to Users, via telecommunications networks, messages containing:

  • information about Video Content;
  • details on promotions, discounts, and Service features;
  • advertising and informational materials from the Administrator and third parties.

10.4.2. By using the Service, the User shall be deemed to have consented to receive advertising and informational messages from the Administrator and/or third parties:

  • published on the Service or shown during the display of Video Content;
  • distributed via telecommunications networks by the Administrator and/or by third parties acting in agreement with the Administrator.

10.5. User’s Right to Opt Out of Advertising

The User shall have the right to opt out of receIving advertising communications via telecommunications networks (e-mail, SMS, phone calls):

  • For e-mail advertising messages: the User shall click the "unsubscribe" link and follow the instructions provided;
  • To disable advertising messages received through other telecommunications means, the User shall contact the support team at support@Ivi.tv.

11. DESCRIPTION OF SERVICES PROVIDED ON THE PLATFORM

The Administrator shall provide the User with the following paid Services:

11.1. Rental

11.1.1. Rental shall be a one-time paid Service under which the Administrator grants the User time-limited access to view the selected Video Content available under the Rental model.

11.1.2. Rental Terms and Conditions:

  • The User shall begin Viewing each unit of Video Content within 30 days, after this period, access to such content shall no longer be granted;
  • Upon beginning to View, the User shall have 48 hours to complete Viewing, after 48 hours, access shall be revoked;
  • Stopping, pausing, or restarting playback shall not extend the viewing window;
  • The number of viewings within the allocated period shall not be limited;
  • Temporary download of Video Content shall not be available.

11.1.3. The Administrator may, for specific Video Content, define a different Viewing period under the Rental model. The Administrator shall notify the User of the applicable Viewing period at the time of selection, payment, and playback of the Video Content on the Service.

11.2. Purchase

11.2.1. Purchase shall be a one-time paid Service under which the Administrator provides the User with the opportunity to view selected Video Content available under the Purchase model.

11.2.2. Purchase Terms and Conditions:

  • The duration of access to Video Content shall correspond to the Administrator’s rights under the applicable Title Agreement;
  • There shall be no limit on the number of views;
  • Temporary download shall be available for part of the Video Content.

11.3. HD Rental and HD Purchase

11.3.1. HD Rental and HD Purchase shall mean Services that enable the User to view Video Content in higher quality. Except as otherwise specified, HD Rental and HD Purchase shall be identical to the Rent and Purchase Services.

11.3.2. Under HD Rental and HD Purchase, Video Content shall generally be provided in HD quality (HD 720 and/or HD 1080) in addition to High, Medium, and Low quality options.

11.3.3. Under HD Rental, the User may also gain access to certain Video Content in HDR/4K quality or be provided with enhanced audio quality. The Administrator shall have the sole discretion to determine the parameters and availability of these Video Content quality categories for the User on the Service, including based on the quality provided by the rights holder/licensor.

11.3.4. Enhanced Video Content and audio quality shall be available only on certain Devices.

11.4. Pre-order

11.4.1. Pre-order shall mean the ability to order and pay for Rent, Rent HD, Buy, and Buy HD Services in advance of the Video Content becoming available on the Service.

11.4.2. The timing of Video Content release on the Service under the Pre-Order Service shall be as follows:

  • The Administrator may specify the Video Content release date in the Pre-Order announcement.
  • The release date shall depend on the terms of the Title Agreements. The Administrator shall have the right to postpone the Video Content release date at any time by publishing an update on the Service or may choose not to specify a release date in certain cases.
  • The Administrator shall not be obligated to provide the User with access to the Video Content before the date stated in the Pre-Order announcement or before the Administrator has agreed upon the release date with the relevant licensor or rights holder.

11.4.3. The catalogue of Video Content available for Pre-Order shall be determined at the sole discretion of the Administrator and in accordance with the terms of the Title Agreements.

11.4.4. Prior to the Video Content release date on the Service for content purchased under the Pre-Order Service:

  • The Administrator shall have the right to cancel the Video Content release on the Service;
  • The User shall have the right to cancel the Pre-Order via his/her personal account by selecting the "Cancel Pre-Order" button or a similar option.

11.4.5. On the release date of the Video Content on the Service, the Pre-order Service shall be deemed fully rendered by the Administrator to the User.

11.5. Ivi Subscription

11.5.1. What is an Ivi Subscription?

Ivi Subscription (or Subscription) shall mean a perpetual Service under which the Administrator grants the User the right to View on the Service a number of units of Video Content specified by the Administrator, without displaying advertisements in the Media Player. There shall be no limit on the number of Views under the Ivi Subscription.

11.5.2. Subscriber Fees. Billing Period

The User shall authorize the Administrator to charge a recurring subscription fee for the Ivi Subscription, set by the Administrator as of the payment date, on an automatic renewal basis each billing period (equal to the initial Service order term). The standard billing period (Ivi Subscription month) shall be 30 days.

The Administrator shall have the right to offer the User the option to purchase an Ivi Subscription with an extended billing period (e.g., 90, 180, 365 days) at standard or promotional rates. The Administrator shall solely determine the possible length of the billing period.

The User may cancel the renewal of the Ivi Subscription at any time.

11.5.3. Temporary Download of Video Content with an Active Ivi Subscription

For certain Video Content included in the Ivi Subscription, the User shall have access to Temporary Video Content Download. The Administrator shall exclusively determine the list of Video Content available for Temporary Download, subject to the terms of the applicable Title Agreements.

Other Video Content shall be provided without the option for Temporary Download.

11.6. Partner Service

11.6.1. Partner Service shall mean a Service delivered by the Administrator through Partners. The description and terms of the Partner Service shall be available on the Partner Service pages.

11.6.2. When purchasing a Partner Service, the User shall enter into a contract directly with the Partner. The Partner, not the Administrator, shall collect payments for the Partner Service. The User shall address all questions regarding payments (including refunds) and service quality directly with the Partner.

11.6.3. The characteristics of a Partner Service may differ from similar Services on the Service, including but not limited to:

  • the name of the Partner Service;
  • cost and payment terms of the Partner Service;
  • list of Video Content units available under the Partner Service.

11.6.4. The Administrator shall not be liable to the User or any third parties for the quality of Partner Services, actions or omissions of the Partner, or the content, legality, or accuracy of information used or received by the User on Partner platforms.

11.6.5. The User shall comply with the terms of the Agreement when purchasing and using the Partner Service.

11.7. Other Terms of Service Provision

11.7.1. The effective date of paid Services shall be calculated from the moment the User makes the initial payment or subscription fee and when the payment is recorded in the Administrator’s electronic payment system.

11.7.2. The Administrator shall provide the User with the technical capability to access Video Content. Upon providing such technical access (granting viewing rights), the Services shall be deemed rendered by the Administrator.

11.7.3. The access model for Video Content shall be governed by the terms of the applicable Title Agreements. The same Video Content may be available on the Service under different Services (Purchase, Rent, Ivi Subscription, etc.) at different times.

11.7.4. Due to Service updates and development, the Administrator shall have the right to modify (add, reduce) the list, names, and content of Services available on the Service for new subscription periods. The current types of Services available for order shall be indicated on the Service.

11.7.5. By ordering and paying for the Services, the User acknowledges and agrees that:

  • The User shall review the list of Video Content included in the purchased Services beforehand;
  • By ordering and paying, the User confirms the list is fully satisfactory;
  • The Administrator shall have the right to add or remove any Video Content from the Service at any time without notifying the User;
  • Certain Video Content may be unavailable in specific countries, territories, or on certain devices;
  • Some Video Content shall be available only in a single language version and without subtitles;
  • The soundtrack (including dubbing studio, translators, authors, and voice actors) for Video Content and Trailers shall be determined solely by the Administrator;
  • The download option shall not be available for all Video Content or all Services;
  • Other restrictions set forth in the Agreement shall apply.

11.8. Exceptions to the Scope of Services

The Administrator shall not provide communication services to the User.

The User shall independently resolve all matters related to obtaining Internet access, purchasing, and setting up relevant hardware and software, which are not included in the scope or cost of the Services.

12. COST OF PAID SERVICES ON THE PLATFORM

12.1. The cost of paid Services shall be provided on the Service pages.

12.2. The cost of identical Services may vary depending on the Device through which the User purchases the Services. By paying for a Service on his/her Device, the User unconditionally accepts the price for such Service on that Device and waives any claims regarding price differences that may occur if the Service were purchased on another Device.

12.3. Partners who independently collect payments for Services (including by selling Certificates) may set prices different from those displayed on the Service.

12.4. The Administrator shall have the right to change the prices of any Services on the Service for new billing periods.

12.5. All payments for Services shall include value-added tax (VAT), if applicable.

13. AUTOMATIC RENEWAL. CANCELLATION OF SUBSCRIPTION. REFUNDS

13.1. Contract Nature (Subscription Granting)

Ivi Subscription shall be provided to the User under a subscription agreement. The User shall pay periodic subscription fees regardless of whether the User utilizes the Service (e.g., watches Video Content).

13.2. Subscription Fee Payment Procedure

13.2.1. The User shall pay for Subscriptions on a prepaid basis for each billing period. The Subscription renewal date for the upcoming period shall be indicated in the "Subscriptions" section of the User’s Personal Account on the Service. The Administrator shall automatically charge the payment for the new Subscription period 24 hours before the renewal date. The User shall monitor payment deadlines and ensure timely payment.

13.2.2. The User consents to automatic debit of funds from his/her bank account (bank card linked to the Personal Account) as part of the automatic renewal of the Ivi Subscription.

13.2.3. If funds are insufficient at the time of automatic debit, the Administrator shall retry the debit attempts for up to 30 days from the first attempt until successful.

13.2.4. If the User fails to fully pay for the new billing period of any Subscription, the Administrator shall disable access to the Subscription on the day following the expiration of the paid period.

13.3. Opt-Out of Automatic Renewal

The User may opt out of the automatic renewal of the Ivi Subscription. Upon such opt-out, the User shall retain access to the Subscription until the automatic renewal is disabled or until the end of the current paid Subscription period, whichever occurs later, in accordance with the Agreement terms. No charges shall be applied for the subsequent billing period. The User shall opt out of automatic renewal no later than 24 hours before the end of the current billing period.

13.4. Procedure for Opting Out of Automatic Renewal

13.4.1. The User shall disable automatic renewal of the Ivi Subscription via the website or mobile app in his/her Personal Account. To do so, the User shall log in and click the "Unsubscribe" button located in the "Subscriptions" section — "[Subscription Type]" — "Manage." If this option is unavailable in the Personal Account, the User may contact the Service Support team to disable automatic renewal.

13.4.2. The Service applications on Smart TV Devices do not provide the option to disable automatic renewal. In such cases, the User shall opt out via the website or mobile app by logging into his/her account or by contacting the Service Support team.

13.4.3. If the User subscribed through the App Store or Google Play app stores, cancellation of the Subscription shall only be possible through the respective app store.

Detailed instructions for opting out of automatic renewal via the App Store are available here.

Detailed instructions for opting out of automatic renewal via Google Play are available here.

13.5. Refund Upon Cancellation of Services

13.5.1. Refund upon Cancellation of Rent, HD Rent, Purchase, HD Purchase

13.5.1.1. The Administrator shall provide the User with the technical capability to access Video Content Viewing as part of the Service (Rent, HD Rent, Purchase, HD Purchase). At the moment the Administrator grants such technical access (opens access to Viewing), the Service shall be deemed rendered. As a general rule, the Administrator shall not refund payments if the User cancels the Service after it has been rendered.

13.5.1.2. The Administrator may voluntarily refund payments for Rentals, HD Rentals, Purchases, and HD Purchases only if all the following conditions are met:

  • No more than 3 days have elapsed since the purchase of these Services;
  • The total Video Content viewing time does not exceed 10 minutes (including rewind);
  • The User has not received any prIvileges or discounts related to the purchase of the Video Content.

13.5.1.3. The Administrator shall not refund payments based on the User’s dissatisfaction with or unmet expectations of the Video Content. The User shall review the Video Content description prior to purchase. The Administrator provides only technical access Services to the Video Content.

13.5.2. Refund Upon Pre-order Cancellation

If the Administrator cancels the release of Video Content ordered by Pre-order or the User cancels the Pre-order, the Administrator shall credit the paid Pre-order amount to the User’s Personal Balance.

On the release date of the Video Content on the Service, the Pre-order Service shall be deemed fully rendered by the Administrator to the User. The Administrator shall not refund the Pre-order payment after the Video Content becomes available on the Service.

13.5.3. Refund Upon Subscription Cancellation

13.5.3.1. If the User has not disabled automatic renewal of the Ivi Subscription within the previous 60 days, and opts out of automatic renewal for a 30-day renewal period, the Administrator shall provide the Service until the moment automatic renewal is disabled. Automatic renewal for subsequent billing periods shall be disabled.

If the User cancels automatic renewal under other circumstances, the Administrator shall provide the Service until the end of the paid Subscription period. Automatic renewal for subsequent billing periods shall be disabled.

13.5.3.2. The Administrator shall not refund payments for Subscription periods already elapsed, as Services for those periods have been properly rendered, regardless of whether the User has watched the Video Content, in accordance with the Subscription Agreement terms. The User remains liable for such payments.

13.5.3.3. The Administrator may voluntarily refund payments for the current Subscription billing period in the following cases:

  • The User’s funds were debited for the Ivi Subscription on two or more accounts created unintentionally; in this case, the Administrator shall refund payments - for all but one account for the current billing period;
  • The Subscription payment was debited due to fraudulent actions by third parties, provided the User is not at fault and has not violated the Agreement;
  • Other cases prescribed by applicable law.

13.5.4. Refund Upon Withdrawal from Partner Services and Certificates

13.5.4.1. The Administrator shall not be entitled nor able to refund payments for Partner Services or Certificates purchased from third parties. In such cases, the User shall request a refund directly from the party to whom the User made payment for the Partner Services or Certificates.

13.5.4.2. No refund payments shall be made for Certificates.

13.5.5. Other Refund Provisions

13.5.5.1. The Administrator shall determine information on Views’ timing and occurrence in the User’s Personal Account exclusively based on data from the Administrator’s internal technical system.

13.5.5.2. The Administrator may require a written refund request signed by the User’s handwritten signature in certain cases.

13.5.5.3. The refund processing time to the User’s bank card depends solely on the User’s bank internal policies and may range from 1 to 30 calendar days. The Administrator shall have no right or ability to expedite these timeframes.

13.5.5.4. If a refund cannot be processed due to technical reasons (e.g., the User’s bank account is closed), the Administrator shall credit the refund amount to the User’s Personal Account in the form of points, which the User may use exclusively to order Services.

14. TRIAL PERIOD AND PROMOTIONAL OFFERS

14.1. What is a Trial Period?

The Administrator shall have the right to conduct a marketing campaign under the conditional title "Trial Period." The Administrator shall carry out this promotion to advance the Ivi Subscription among consumers and to incentIvize Members to subscribe to the Ivi Subscription.

As part of the Trial Period, the Administrator may grant a new Member an Ivi Subscription free of charge for a limited duration (the "Trial Period"). During this period, the Member shall have the right to explore the features and functionality of the Ivi Subscription.

14.2. Ways of the Trial Period Provision

The Administrator may provide the Trial Period to Members by various means, including but not limited to:

  • By direct activation of the Trial Period by the Member within the Service;
  • By Certificate: by issuing a physical or electronic Certificate to the Member, which activates the Trial Period. The terms and conditions governing the use of Certificates for granting the Trial Period shall be set forth in the promotional rules/materials and/or on the Service.

14.3. Trial Period in Promotional Materials

In advertisements and promotions, the Trial Period may be referred to as "Subscription Free of Charge," "Subscription as a Gift," or similar expressions. Such terminology shall mean that the Member uses the Ivi Subscription subject to the terms of the Trial Period.

14.4. Requirements for Granting the Trial Period

The Administrator shall grant the Trial Period exclusively to the new User. The Administrator shall determine the criteria for identifying a new User for each specific offer at its sole discretion. Such criteria may be additionally specified in the promotional rules/materials and/or on the Service.

The duration of the Trial Period for each offer shall be established at the sole discretion of the Administrator. This duration shall be indicated in the promotional rules/materials and/or on the Service.

To activate the Trial Period, the User shall provide payment details of a valid bank card belonging to the User in the Personal Account, which shall undergo preliminary verification and comply with the terms of this Agreement (i.e., linking the card). The Administrator shall automatically charge the subscription fee for subsequent Subscription periods to the linked bank card.

14.5. Automatic Activation of the Ivi Subscription After the Trial Period Ends

Upon expiration of the Trial Period, the Administrator shall automatically activate a paid Ivi Subscription for the User under the terms hereof. The Administrator shall debit the subscription fee for the next billing period from the bank card that the Member linked in the Personal Account as a prepayment.

14.6. Termination or Reduction of the Trial Period

The Administrator shall have the right to unilaterally reduce the duration of the Trial Period if the User disables automatic renewal of the Subscription during an active Trial Period.

If the User accessed the Trial Period via a Certificate, the Subscription shall become unavailable immediately upon disabling automatic renewal.

In other cases, upon disabling automatic renewal during an active Trial Period, the Administrator shall choose one of the following options:

  • Terminate Trial Period access immediately upon disabling automatic renewal (making the free Subscription unavailable);
  • Apply a reduced Trial Period, with the duration of the reduced period determined at the Administrator’s discretion.

14.7. Marketing Campaigns

The Administrator shall have the right to conduct marketing campaigns offering Services at a reduced cost. The Administrator shall independently determine the terms and conditions of such campaigns.

15. PROVISION OF RECEIPTS. PAYMENTS: PERSONAL BALANCE

15.1. Provision of Receipts

15.1.1. User shall provide the Administrator with an e-mail address for sending the payment receipt and confirm the validity of such address before paying for the Service. User shall verify the accuracy of the e-mail address provided. Administrator shall not be liable for any errors made by the User when entering such information. Administrator shall send the payment receipt to the e-mail address provided and confirmed by the User.

15.1.2. If the User has not provided or confirmed the e-mail address prior to payment settlement, the User shall have the right to access the payment receipt within the "Receipts" section of the Personal Account on the Service.

15.2. Payments

15.2.1. Cashless payment. General Provisions

15.2.1.1. Only a User who has completed registration and authorization on the Service shall be entitled to pay for the Service. Such User may make a cashless payment by means of:

  • bank cards of national or international payment systems;
  • Apple’s payment system – In-App Purchase for iOS;
  • Google’s payment system – In-App Purchase for Android;
  • other methods expressly provided on the Service.

15.2.1.2. Administrator shall have the right to modify and supplement the payment methods set forth in this Agreement. A registered and authorized User shall be able to view all current payment methods on the Service’s purchase page.

15.2.1.3. Administrator expressly prohibits payment for Services in instalments or by combining multiple payment methods simultaneously. For example, a User shall not split payment by paying part of the Service cost by bank card and another part by a different method or from the Personal Balance.

15.2.1.4. If third parties involved in processing payments charge commissions, the User shall accept responsibility for payment of such commissions to the third parties.

15.2.1.5. If the User has paid via QR code and requests a justified refund of the Service fee, the refund shall be credited solely to the User’s Personal Balance.

15.2.1.6. When paying for subscription Services, the debit attempt shall be made from the bank card initially provided by the User at the time of subscription. If the debit attempt from this card fails, subsequent attempts shall be made using other bank cards listed in the User’s "payment methods" section.

15.2.1.7. Smter-group LLC, a resident of the Republic of Belarus (UNP 192813216), is authorized to accept payments for the Service.

Registered address: 178, Partizansky Ave, room 501 (section 7) Minsk, 220075

Contact e-mail: office@smtgp.ru

Contact phone: +375-33-693-01-61

Certificate of state registration No. 192813216 dated May 11, 2017.

15.2.2. Special Terms of Payment by Bank Cards

15.2.2.1. Administrator shall not warrant or be liable for the availability of the Services if the User pays using electronic bank cards of Electron and Maestro categories (Visa Electron, MasterCard Electronic; MasterCard Maestro, MasterCard Maestro Momentum, MasterCard Cirrus Maestro), or Diners Club International.

15.2.2.2. The User shall use only a bank card registered in his/her name for payment of the Services, under an agreement between the User and the issuing bank. If the User pays for the Services with a third party’s bank card, the User shall bear full liability for any damage caused to the card’s actual owner.

15.2.2.3. When paying with bank cards, the User shall not be charged a transaction fee, unless otherwise stated in the payment form presented during the payment process.

15.2.2.4. For preliminary verification of the bank card, an amount necessary for verification may be held in addition to the Service price. The refund amount and timing after this hold is released shall be determined by the bank issuing the User’s card and shall not be controlled by the Administrator. Preliminary verification also occurs when linking a bank card without purchasing Services.

15.2.2.5. When making a payment or linking a bank card on the Service, the User shall provide the following details:

  • bank card number;
  • card expiration date;
  • CVV code.

15.2.2.6. The bank card data entered by the User shall be stored by certified online payment operators in compliance with international payment system rules and PCI-DSS certification.

15.2.2.7. By linking a bank card under this Agreement, the User fully agrees to the use of payment technology whereby the linked card data is stored by payment intermediaries and used for future payments without 3-D Secure authorization and without entering CVV/CVC codes.

15.2.3. Payment Terms for iOS and Android Operating Systems

15.2.3.1. Users may pay for Services on iOS devices without Service Authorization only via Apple’s In-App Purchase system (Learn More).

15.2.3.2. Users may pay for Services on Android devices without Service Authorization only via Google’s In-App Purchase system (Learn More).

15.2.3.3. User authentication on iOS and Android operating systems shall be performed using the unique identifier of the User’s Device.

15.2.3.4. The User shall regularly update software on Devices (iOS and Android operating systems) to the latest version. The User shall bear the risk of being unable to pay for Services without Authorization due to outdated software on the User’s Device.

15.3. Terms of Personal Balance Use

15.3.1. Each User who has registered and logged into the Service shall have access to a Personal Balance within his/her Personal Account.

15.3.2. The Personal Balance shall be credited by means of:

  • activation of a nominal Certificate;
  • bonus programs conducted by the Administrator;
  • refund of Service fees to the Personal Balance in the form of points;
  • other methods determined by the Administrator.

15.3.3. Points credited to the Personal Balance shall be used exclusively for ordering Services and shall not be redeemable for cash.

15.3.4. When a User orders Services using points from their Personal Balance, the available points balance shall be reduced proportionally to the cost of the Service.

15.3.5. Points shall remain valid on the Personal Balance for a limited term of 12 calendar months from the date they are credited. Upon expiry of this period, the points balance shall be reduced proportionally.

15.3.6. Use of the Personal Balance shall be terminated, and any remaining funds shall be forfeited without compensation in the following cases:

  • the User deletes their account on the Service;
  • the User uses the Personal Balance for fraudulent purposes.

16. TECHNICAL REQUIREMENTS

16.1. The Administrator shall provide access to the Service and Services subject to the User’s compliance with the technical requirements set forth in this Agreement. By paying for the Services, the User unconditionally agrees that the Devices used to access the Service, software, and quality of the Internet connection shall fully comply with the technical requirements of this Agreement.

16.2. List of Devices on Which the Service is Available

16.2.1. An approximate general list of Devices on which the Service is available is published at: https://www.Ivi.tv/devices.

16.2.2 The Administrator shall have the right to unilaterally modify (expand or reduce) the list of Devices on which the Service is available at any time without prior notice to Users.

16.2.3. The Service may be unavailable or malfunction on outdated Devices that do not support the required software or system specifications necessary for the Service’s operation.

16.3. Device Requirements

For the proper functioning of the Service and delivery of Services, Devices shall meet the following minimum requirements:

  • The minimum Internet connection speed: 3 Mbps for SD quality, 5 Mbps for HD quality, and 25 Mbps for Ultra HD quality;
  • CPU frequency: at least 2 GHz;
  • CPU model: at least Pentium 4 or its equivalent;
  • RAM: at least 2 GB, with 4 GB or more recommended;
  • Devices shall have the current date, time, and time zone set according to the User’s location, with automatic synchronization recommended per the manufacturer’s instructions;
  • Operation of Services on Devices running Linux OS shall not be guaranteed;
  • The User shall periodically update the software (including all components) to the latest versions.

16.4. Unlicensed Technical Means

The Services shall not be provided on unlicensed Devices or Devices that use unlicensed, unofficial, hacked, or modified software applications, operating systems, or other technical means to access the Service, including Devices running beta versions of operating systems.

16.5. Browsers

The Services shall operate only with the latest official versions of supported browsers. The following requirements shall be met for proper provision of the Services:

  • The latest browser version supporting HTML5 player shall be installed from one of the following: Chrome, Opera, Firefox, Safari, Edge4;
  • JavaScript support shall be enabled;
  • Ad blockers, content downloaders, and other browser extensions that alter the Service’s technical functioning shall be disabled;
  • Access via proxy servers or compression services (e.g., Turbo mode) shall be disabled.

16.6. iOS Operating System

16.6.1. The official download source for the application on iOS devices is https://www.Ivi.tv/pages/b2c/devices/ios/.

The Administrator shall not guarantee the operation of applications obtained from other sources.

16.6.2. The software (firmware) version on Devices running iOS (except Apple TV set-top boxes) shall be at least version 15; for Apple TV, at least version 17.

16.7. Android Operating System

16.7.1. The official download source for the application on Android devices is https://www.Ivi.tv/pages/b2c/devices/android/.

The Administrator shall not guarantee the operation of applications obtained from other sources.

16.7.2. The software (firmware) version on the Devices running on the Android operating system shall be at least version 8.

The application installed on Devices running the Android operating system shall be guaranteed to operate on phones and tablets with a processor frequency of at least 1400 MHz (dual-core) and with Android OS version no lower than 8.

16.8. TVs with Smart TV Function

16.8.1. For TVs with Smart TV functionality, the latest software version (firmware) specified on the official website of the respective TV manufacturer shall be installed.

16.8.2. For the TV models with Smart TV functionality listed below, a new version of the Service application shall always be available. The Administrator reserves the right to unilaterally modify (reduce or supplement) this list:

  • LG SmartTV (NetCast) from 2012 through 2014;
  • LG SmartTV (webOS) from 2014 through 2022;
  • Samsung SmartTV (Orsay) from 2012 through 2015;
  • Samsung SmartTV (Tizen OS) from 2015 through 2022.

16.9. Internet Connection Speed

16.9.1. The quality of the Video Content and Service depends on the speed of the User’s Internet connection.

16.9.2. Users acknowledge and agree that the speed of access to the Service and/or viewing of Video Content on the Internet may vary due to traffic load on the User’s network or for other reasons beyond the Administrator’s control.

16.9.3. The Administrator shall not be liable if the User fails to access the Service and/or view Video Content due to low Internet connection speed.

16.9.4. The Administrator shall not be liable for malfunctions of equipment or communication networks owned by third parties that are used to provide communication services to Users.

16.10. Video and Audio Quality

16.10.1. The quality of video and audio playback depends on:

  • The User’s Device;
  • The speed of the User’s Internet connection;
  • The type of Service;
  • The quality of video/audio actually received by the Administrator from the right holder/licensor;
  • Restrictions imposed by the Title Agreements.

16.10.2. The Administrator shall publish Video Content on the Service in the quality received from the right holder/licensor. The Administrator shall make best efforts to ensure proper quality of the materials received but does not guarantee the absence of errors.

16.10.3. Audio and video quality may vary between different language versions of the Video Content.

16.10.4. If a certain audio and video quality is specified on the Video Content page, it may be available only for one audio track version and may not be supported on certain Devices.

16.10.5. Dolby Digital 5.1 audio and 4K video quality may be unavailable on certain Devices, including but not limited to Win10, Xbox One, PlayStation 4, Android, Android TV, Apple TV; Devices connected to external audio systems; and Devices that do not support the AAC codec.

16.11. Application of DRM Technologies (Technical Copyright Protection Measures)

16.11.1. To comply with the terms of the Title Agreements and to protect intellectual property, DRM (digital rights management) technologies may be applied. Copies of Video Content accessed through the Service shall be protected by technical means (encryption) controlling access and preventing unauthorized copying and distribution.

16.11.2. Users shall not modify, disable, or interfere with DRM technologies.

16.12. Preventive and Technical Maintenance

16.12.1. The Administrator and/or third parties shall have the right to perform the following technical works on the Service:

  • Scheduled preventive maintenance during periods of lowest load;
  • Scheduled works for uploading new functionality to the Service;
  • Emergency works in case of accidents, malfunctions, or termination of equipment/software/third-party payment systems.

16.12.2. During technical works, the Service or part of its functionality, payment processing, and Video Content viewing may be unavailable. The downtime shall equal the time necessary for the Administrator and/or third parties to perform the works or eliminate the faults.

16.12.3. Technical works are necessary for the normal operation, updating, and maintenance of the Service. The Administrator shall not compensate Users for downtime caused by technical works.

17. LAWFUL USE OF THE SERVICE

INFORMATION SECURITY REQUIREMENTS

17.1. User shall use the Service for lawful purposes, including but not limited to: - comply with the laws of the Territory and other applicable laws when using the Service; - respect the rights and legitimate interests of the Administrator, and rights holders/licensors of the Video Content and other intellectual property posted on the Service; - refrain from using the Service or Video Content in any manner other than as permitted by this Agreement; - use the information obtained through the Service solely for lawful, personal, and non-commercial purposes consistent with moral principles and generally recognized values; - refrain from any other actions that violate the rights of the Administrator, and/or third parties.

17.2. User shall not interfere with or disrupt the operation of the Service, including through the use of software, including but not limited to: - refrain from any actions aimed at destabilizing the operation of the Service; - not attempt to disable or otherwise interfere with any technical protection measures of the Service or intellectual property posted on the Service, including but not limited to digital rights management (DRM) technologies; - not attempt unauthorized access to the Service, personal data, or intellectual property posted on the Service; - not modify or alter the Service or any of its components, including the Media Player; - not engage in any illegal or fraudulent actIvities involving payments, registration, Certificates, or any other use of the Service.

18. INTELLECTUAL PROPERTY

18.1. Video Content, the Service, and all intellectual property used and posted on the Service shall constitute the intellectual property of the Administrator and rights holders and shall be protected by applicable law. IVI (Иви) is a registered trademark.

18.2. Any use of the Service, Video Content, and intellectual property posted on the Service (including trademarks, elements of the Service’s visual design, symbols, texts, graphic images, illustrations, photos, videos, software, music, other means of indIvidualization, and objects) in violation of this Agreement without the prior consent of the Administrator or rights holder shall be unlawful.

18.3. User shall not publicly display the Video Content or the Service in movie, hotels, SPAs, parks, or other public places, whether free of charge or for a fee. Such use shall not be authorized by the Title Agreements or the Administrator.

18.4. Except as expressly permitted by this Agreement, User shall not copy (reproduce), modify, distribute, embed (frame), publish, download, transmit, sell, alter, or otherwise use the Video Content, the Service, or any intellectual property posted on the Service, in whole or in part, without prior written authorization from the Administrator or the rights holder.

18.5. No person shall modify, decompile, decrypt, or otherwise manipulate the object code of the Service, or create derivative works using the Service.

18.6. Any violator shall bear cIvil, administrative, and/or criminal liability in accordance with applicable law.

19. LIABILITY. DISCLAIMER

19.1. Access to the Service shall be provided on an "as is" basis. The Administrator shall make no warranties or representations regarding the Service, nor shall guarantee that the Service meets the expectations of Users.

19.2. Limitation of the Administrator’s Liability for Technical Issues and Failures

19.2.1. The Administrator shall not be liable for:

  • technical failures or outages of communication networks, data centres, servers, providers, or equipment;
  • disruptions in software, scripts, or email services;
  • errors, interruptions, deletions, or defects;
  • delays in processing or transmitting data;
  • theft, destruction, or unauthorized access by third parties to intellectual property posted on the Service.

19.2.2. The Administrator shall not guarantee error-free or uninterrupted operation of the Service, and shall not be liable for losses incurred by Users resulting from technical failures caused by third parties or failures in hardware or software.

19.2.3. The Administrator shall not be liable for any damage to Users’ devices or software caused by or related to the use of the Service.

19.3. Limitation of Liability for the Advertising and Informational Materials

19.3.1. The Administrator shall not be liable for:

  • the accuracy of advertisements placed on the Service;
  • the quality of goods, works, or services purchased by Users after viewing advertisements on the Service;
  • any non-compliance of goods, works, or services with generally accepted standards or Users’ expectations;
  • any information posted by third parties on the Service, including reviews and comments.

19.3.2. All claims concerning advertisement content or the quality of goods, works, or services shall be directed by the User solely to the advertiser or manufacturer.

19.4. Limitation of Liability for the Content of the Video Content

19.4.1. The Administrator shall receive Video Content from third parties and shall not produce such content independently. The Administrator shall publish copies of the content in the form it receives from the licensor or rights holder.

19.4.2. The Administrator shall not violate the integrity of the works or make any modifications to the Video Content. The licensor/rights holder shall warrant to the Administrator under the Title Agreement that the Video Content does not infringe any third-party rights and complies with applicable law.

19.4.3. All claims related to the following shall be directed exclusively to the rights holders:

  • the content of the Video Content;
  • the legality of the use of intellectual property or any infringement of authors’ or performers’ rights contained in the Video Content.

19.5. The Administrator shall not be liable to the User or any third parties for any direct, indirect, or incidental damages, including lost profits, arising from the User’s use of the Service or the intellectual property posted on the Service.

19.6. In the event that third parties submit claims to the Administrator related to the use of the Service by the User, the User undertakes to settle these claims with third parties independently and to hold the Administrator harmless against possible losses and litigation.

19.7. Violation of the Terms and Conditions of the Agreement by the User. Fraud. Account Blocking.

The Administrator shall have the right to block the User’s access to the Service, Personal Account, and Services (including paid Services) in the event that:

  • the User violates the terms of the Agreement;
  • the Administrator considers the User’s actions to be fraudulent or aimed at damaging the Service, organizing a DDoS attack, or similar conduct.

Funds paid by the User for the Services shall be non-refundable, and the User’s account shall be blocked.

20. JURISDICTION. GOVERNING LAW

20.1. The Agreement, relations between the Administrator and the User, and any matters not regulated by the Agreement, shall be governed and construed in accordance with the laws of the country where the Administrator is registered.

20.2. The parties to the Agreement shall submit to the exclusive jurisdiction of the courts of the country where the Administrator is registered in case of any legal disputes arising out of or related to the Agreement or the Service.

21. CUSTOMER SUPPORT. CLAIMS AND LEGAL COMMUNICATIONS PROCEDURE

21.1. Support Service 21.1.1. The User shall have the right to submit any questions, suggestions, or issues to the Service Support:

  • via e-mail at support@Ivi.tv;
  • via chat on the Service.

21.1.2. The Administrator shall use best efforts to resolve the User’s issue. However, the Administrator shall not resolve the issue if the User fails to follow the instructions provided by the Administrator’s Support Service.

21.2. Service Address

Service Address:legalreport@Ivi.tv. This address is not intended for the Users to send messages to the Administrator.

22. FINAL PROVISIONS

22.1. The Administrator shall have the right to engage any third parties to perform obligations under this Agreement without obtaining the User’s consent.

22.2. If any provision of this Agreement is held invalid or unenforceable, all remaining provisions shall remain valid and enforceable.

22.3. This Agreement shall be effective indefinitely and shall apply to Users accessing and using the Service both before and after the date of its publication on the Service.