Terms and condition
- Terms and Condition
Flixze provides a personalized subscription service that allows our members to access movies and TV shows ("Flixze content") streamed over the Internet to certain Internet-connected TVs, computers and other devices ("Flixze ready devices").
1.1. Your Flixze membership will continue month-to-month until terminated. To use the Flixze service you must have Internet access and a Flixze ready device, and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your monthly billing date, you authorize us to charge your next month's membership fee to your Payment Method (see "Cancellation" below).
- 1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Flixze membership by visiting our website and clicking on the "Account" link available at the top of the pages of the Flixze website under your profile name.
2.1. Your Flixze membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service.
- 2.2. Free trial eligibility is determined by Flixze at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Flixze membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Flixze membership to determine eligibility. For combinations with other offers, restrictions may apply.
- 2.3. We will charge your Payment Method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page.
Billing and Cancellation
3.1. Billing Cycle. The membership fee for the Flixze service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- 3.2. Payment Methods. To use the Flixze service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
- 3.3. Cancellation. You can cancel your Flixze membership at any time, and you will continue to have access to the Flixze service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unwatched Flixze content. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for Flixze using your account with a third party as a Payment Method and wish to cancel your Flixze membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Flixze service through that third party. You may also find billing information about your Flixze membership by visiting your account with the applicable third party.
- 3.4. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than 30 days following notice to you.
4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Flixze service. Minors may only use the service under the supervision of an adult.
- 4.2. The Flixze service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Flixze membership we grant you a limited, non-exclusive, non-transferable right to access the Flixze service and view Flixze content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
- 4.3. You may view the Flixze content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page.
- 4.4. The Flixze service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of Flixze content. You can at any time opt-out of tests by visiting the "Account" page and changing the "Test participation" settings.
- 4.5. Some Flixze content is available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
- 4.7. The quality of the display of the Flixze content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Flixze content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Flixze ready device.
- 4.8. Flixze software is developed by, or for, Flixze and is designed to enable viewing of Flixze content through Flixze ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Flixze and related third-party software.
- Passwords and Account Access. The member who created the Flixze account and whose Payment Method is charged (the "Account Owner") has access and control over the Flixze account and the Flixze ready devices that are used to access our service and is responsible for any activity that occurs through the Flixze account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Flixze ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Flixze or our partners from identity theft or other fraudulent activity.
- Warranties and Limitations on Liability. The Flixze service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.
- Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND Flixze AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Flixze agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
- 8.2. Unsolicited Materials. Flixze does not accept unsolicited materials or ideas for Flixze content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Flixze.
- 8.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
Last updated: 24 / 1 / 2019