This is a translation for your convenience. Only the German version is legally binding. German version
1. Scope and purpose
These Terms of Use govern the use of the Netstream TV App (hereinafter “App”) on all platforms supported by Netstream, unless use takes place via a partner of Netstream.
The provider of the App is Netstream AG, Richtistrasse 2, 8304 Wallisellen (hereinafter “Netstream”).
Within the framework of these Terms of Use, the App is provided as an access, in particular for potential partners and selected users. It is not intended to be used vis-à-vis customers of a partner.
By creating an access or using the App, the user (hereinafter “User”) accepts these Terms of Use.
In addition, the General Terms and Conditions (GTC) of Netstream in force from time to time apply, insofar as they are applicable to this access. In the event of any conflict, these Terms of Use take precedence for this access.
2. Access and account
Access is granted exclusively by Netstream, in particular upon request via the request form, by email to support@netstream.tv or within the framework of individual agreements.
The account is personal and may not be passed on to third parties. Passing on the access credentials and use by other persons is prohibited unless expressly approved in writing by Netstream.
Netstream may impose requirements regarding the identification of the User and may reject an application for access without giving reasons.
The User shall keep its access credentials safe. In the event of loss of the access credentials or suspicion of unauthorised use of the account, the User shall inform Netstream without delay.
3. Scope of services
The scope of services is determined by the package provided for the respective access. It comprises in particular the available TV line-up and any additional functions such as replay and recording, insofar as this is permissible under licensing law for the respective channels and content.
Netstream determines the scope of services for each access and may adjust, restrict, deactivate or limit it in time at any time. There is no entitlement to any particular scope of services.
4. Geographical use
Use of the App within the framework of this access is restricted to Switzerland and the Principality of Liechtenstein.
Netstream uses technical measures, in particular determining location on the basis of the IP address, to ensure compliance with the geographical restrictions. The User may not circumvent or attempt to circumvent these measures, in particular not by means of VPN, proxy, Smart DNS or similar technologies.
If the User, despite the prohibition, uses technical means to circumvent the geographical restrictions, the User shall be liable for all resulting claims of rights holders or third parties against Netstream, insofar as the User is responsible for such use.
5. Recordings, downloads and sharing of content
The User may record and download content exclusively by means of the functions integrated in the App, provided these are available for the respective channel and content.
Recordings and downloads are intended exclusively for the User’s private personal use. It is prohibited to reproduce content by means other than those provided in the App or to make it accessible outside personal use.
The sharing of content, recordings or streams with third parties, public performance, for example in bars, hotels or event venues, and any form of commercial use are prohibited unless individually agreed in writing with Netstream.
Use of the App within the framework of this access serves exclusively for the internal evaluation of the Netstream TV platform by potential partners and selected users. Productive use vis-à-vis end customers on the basis of this access is not permitted.
6. Availability, quality and maintenance
Access is provided free of charge and without guaranteed availability. There is no entitlement to any particular availability, picture or sound quality or to operation that is free of disruption at all times.
The internet connection required to use the App and any costs for data volume are the responsibility of the User.
Netstream may interrupt or restrict the service at any time for maintenance, updates, adjustments or for technical reasons without informing the User in advance.
Netstream provides updates to the App and may require that a current version be used. Older versions may function to a limited extent or may no longer be supported.
To the extent permitted by law, Netstream excludes any liability for interruptions, delays, quality defects or other impairments of the service within the framework of this access, except in the case of intent or gross negligence.
7. Data protection
Netstream processes personal data within the framework of this access. Which data are processed for which purposes, who the recipients are and which rights the data subjects have is set out in the privacy policy for the Netstream TV App. It is available in the App.
8. Support and communication
Netstream does not offer guaranteed support for this access. Enquiries may be sent to support@netstream.tv; they are processed without guaranteed response or resolution times.
Netstream may inform Users by email about technical changes, maintenance work, security-related matters or important changes to the App.
9. Duration of access
Netstream determines the duration of access and may limit it in time. The duration applicable in the individual case is communicated to the User when access is granted.
The User may request the termination of its access and the deletion of its account at any time. A notification to support@netstream.tv is sufficient.
Upon expiry of the access, the account, including any recordings and settings, is deleted. The User is responsible for documenting any information relevant to it in good time before expiry.
10. Suspension and termination
Netstream is entitled to suspend or terminate access in whole or in part at any time and without giving reasons, in particular in the event of:
- suspicion of misuse or breach of these Terms of Use
- suspicion of circumvention of geographical restrictions or security measures
- infringement of third-party rights or licensing requirements
- security-related incidents
The suspension or termination of access does not give rise to any claims by the User against Netstream.
11. Third-party providers and third-party content
The content available in the App is provided by various rights holders, broadcasters and content providers. Their licence and usage terms may contain additional restrictions, in particular with regard to replay, recording, advertising or redistribution.
Netstream is obliged to comply with these requirements and to enforce them technically and contractually in the App. The User undertakes to respect the corresponding restrictions.
Netstream uses third parties to provide the service. Those who process personal data within the framework of this access are listed in the privacy policy for the Netstream TV App.
12. Rights to the App
For the duration of the access, Netstream grants the User a non-exclusive, non-transferable and non-sublicensable right to use the App for the purposes set out in these Terms of Use. All rights to the App, the platform and the associated content remain with Netstream or the respective rights holders.
It is prohibited to decompile, disassemble or otherwise reverse engineer the App in whole or in part, unless permitted by mandatory law.
13. Permitted use and misuse
Use of the App within the framework of this access is permitted exclusively for internal evaluation and testing purposes, in particular for assessing a possible cooperation with Netstream as a partner.
The following in particular are not permitted:
- use vis-à-vis end customers in productive operation on the basis of this access
- resale or transfer of the access for consideration
- manipulation of technical protection measures, in particular DRM, geoblocking and rate limiting
- automated access, for example scraping or systematic recording of large volumes of data
- any use that violates applicable law or requirements of rights holders
The User is liable for all damage caused by misuse, passing on of access credentials or impermissible use, insofar as the User is responsible for it.
14. Confidentiality and feedback
The User shall treat as confidential all information not publicly known that becomes accessible to it within the framework of this access. This includes in particular the scope of services, functions, quality and performance characteristics of the platform as well as terms and conditions. The disclosure of such information to third parties and its publication, including screenshots and recordings of the App, are prohibited without the prior written consent of Netstream. This obligation continues after the termination of the access.
If the User provides Netstream with feedback, suggestions or proposals for improvement regarding the App or the platform, Netstream may use them without restriction and without remuneration.
15. Liability
As this access is provided free of charge, Netstream excludes liability for slight negligence to the extent permitted by law. Liability for intent and gross negligence and for personal injury under mandatory law remains unaffected.
To the extent permitted by law, Netstream is not liable for indirect damage, consequential damage, loss of profit, loss of data or damage resulting from loss of use.
Insofar as Netstream’s liability cannot be excluded, it is limited in amount to the typically foreseeable damage.
The User is fully liable for damage caused by breaches of these Terms of Use, unlawful use of the content or circumvention of technical protection measures, insofar as the User is responsible for it, and shall indemnify Netstream against corresponding third-party claims.
16. Amendments to the Terms of Use
Netstream may amend these Terms of Use at any time, in particular in the event of changes to legal or technical requirements or to the licence terms of rights holders.
The User will be informed of material changes in an appropriate form. Continued use of the App after the changes come into force constitutes acceptance of the amended Terms of Use.
17. Availability of the Terms of Use
The current version of these Terms of Use is available in the App.
18. Applicable law and place of jurisdiction
These Terms of Use and any disputes arising out of or in connection with the use of the App are governed exclusively by Swiss law.
The exclusive place of jurisdiction is the registered office of Netstream.