Effective Date: April 15, 2020

The following Terms of Service ("ToS") establish a legally binding contract between WATCHED AG ("WATCHED," "we," "us" or "our") and any individual user ("you") determining your use of WATCHED’s services accessible via the website located at www.watched.com and other authorised platforms, including but not limited to WATCHED's mobile applications (collectively, the "Product"). These ToS establish the terms to which you agree, and by which you will be legally bound (to the extent permitted by law), when using the Product. Please read these ToS carefully before you start to use the Product. If you do not agree to these ToS or do not intend to be so bound, you should discontinue using any of our services.

1. Relevant terms and definitions

The services covered by these ToS require an understanding of the following terms and definitions in accordance with the Product of WATCHED:

1.1 General terms

Data base (DB) – Accumulation and plan of meta information identifying with the content information, which is aggregated by the provider and it is the sole proprietor of all protected innovation rights that subsist in the DB.

Device – Technical equipment with internet access such as mobile phone, tablet, PC, TV box, and so forth onto which the Product of WATCHED has been installed, downloaded or additionally introduced and by methods for which the services or some portion of them are accessed.

Library – Feature of WATCHED which allows users to store information related to content of the user. WATCHED doesn’t provide any content information and therefore the registered user can only manage his own selection of content information within their personal profile.

Streaming content information (SCI) – Meta information to audio-visual media content such as videos, broadcasts, and similar media that are accessible via our Product. SCI only contain information about the mentioned type of content. WATCHED doesn’t store any content itself.

Website – Any accessible information that can be accessed from www.watched.com.

1.2 User system

Registered user – Any user who has effectively completed the registration process for the utilisation of our Product, consequently having created a profile by submitting a username and password to access all available services.

User – Any individual who is in any event 14 years of age, who gets to the Product, as characterized by our sole discretion.

Premium-account-user – Registered user for whom the application to conclude a contract for the purchase of a premium license has been accepted. As the owner of a premium account, the WATCHED multimedia browser can be used without limitation of the period of use and without advertisements.

Free-account-user – If the term of a premium license has expired, the account will be downgraded to a free license. Owners of free accounts grant WATCHED the permission to display advertisements, which means that all types of advertising material can be displayed. WATCHED reserves the right to limit the duration of use for free users.

Guest-user - Guest users have not registered at WATCHED and are subject to the same terms of use as free users. The main difference is that a free account user has registered with us and had previously purchased a premium license.

User content – Content information which is chosen, altered, and composed in the Library by each registered user. The user content doesn’t include streaming content in any form, but rather SCI can be stored by the sole discretion of the registered user.

Username – The username is identical to the email address of the registered user.

User password – Mix of letters, numbers, and special characters that was defined by a registered user, which, in combination with the associated username provides access to the user area of our Product. WATCHED encrypts any passwords and therefore neither the user can look up his password, nor can we access the password. In case of forgetting the password, the user can reset the password by setting up a new password for their username.

1.3 Application enhancements

Addons – Small applications that enhance the functionality of our Product. Users can install addons by providing a URL in which the software is being located.

Community Addons – Addons that were created by third parties that are not part of WATCHED’s team or affiliates thereof. Creation of addons are possible via the use of an open-source SDK (software development kit), which can be accessed under the following external link: https://github.com/watchedcom/. The registered user needs to install Community Addons manually and therefore WATCHED does not provide any type of automated access to external addons. Therefore, we don't take any liability for storage, development, and maintenance of Community Addons. Moreover, we're not accountable for monitoring content that might be available via Community Addons.

Community Addon Developers ("CAD") – Third parties that are not affiliated with WATCHED, but rather develop own addons independently.

Official Addons – Applications developed by WATCHED for enriching the Product with content in form of streamable media from official content networks.

Bundle URL – Bundle URLs provide access to a collection of addons. By entering such URL into our system, the installation of addons will become effective, and with the exception for Official Addons, we don’t take any liability for alterations of any kind based on addons from third parties.

2. Service License

Subject to the terms of this ToS agreement, we provide you access to our services. This incorporates the following conditions:

2.1 Accessing our Product

A User needs to either use our website or install the WATCHED application, in order to register for our services. The registration requires a user to provide information such as email, password, username, and other user details. The requirements might change based on the location of the user and the registration can only be completed by providing all required information during the registration process. Moreover, a user needs to be at least 14 years old or has reached the applicable age that is required for accessing our Product as regulated in his jurisdiction. Users under the required age might use our Product only by involving a parent or legal guardian and having read this agreement together with their underage user before proceeding. Parents agree and understand that they are responsible for supervising their child’s use of our Product. In case of unauthorised access by a child without the permission of the supervising account holder, we ask you to contact us directly for disabling access to your account. Beyond that, WATCHED reserves the sole right to refuse or cancel a registration without providing any statement.

2.2 Contractual conditions for premium accounts

A user obtains a premium license if the registration takes place via the WATCHED website or the WATCHED app and WATCHED accepts the application to conclude a contract to purchase a premium account. When purchasing a premium account, the account is activated immediately after the payment has been made.

If the user is already in possession of a free account or guest user prior to purchasing the premium license, the free license or guest user license expires with the purchase of the premium license. It is not possible to use a single premium account on multiple devices at the same time. Premium accounts are acquired for an indefinite period, unless a fixed term has been expressly agreed on. A premium account can be properly terminated at any time at the end of a contract month, unless a fixed term has been expressly agreed. The right to extraordinary termination of a premium account remains unaffected.

A distinction must be made between the termination of a premium account and the end of the contract as a whole. The end of a premium account does not lead to an overall termination of the contract. Any termination must be in writing to be effective. If a premium account ends (e.g. due to termination or the expiry of the premium term), the account will be converted to a free account - without the need for further explanations on both sides - unless the contract has been terminated entirely.

2.3 Premium term and fees

The use of a premium license requires the payment of a fee. In return, WATCHED provides services in accordance with these terms and conditions. We state the amount of the fee when concluding the contract.
Unless otherwise specified, the following fees apply:

EUR 19,95 for a 12-month term

Users of a free and guest account can use all of WATCHED's services free of charge daily for a specific time.

2.4 Payment terms

All fees stated on the WATCHED website and in our declaration of acceptance are final prices and include the applicable statutory sales tax and other price components. Our right to payment of the fees is due at the beginning of each contract month. We will inform each premium user – if this is necessary for the respective payment method - of our bank details in the declaration of acceptance of the order. We only accept payments from accounts within the European Union; in no case will we bear the costs of a money transaction.We currently offer the following payment methods:

PayPal
Apple Pay
Google Pay
Instant bank transfer
Payment in advance
Prepaid
CashtoCODE
Call to pay
Mobile payment

With every order process, we reserve the right not to offer a customer all of these payment methods. We will use the same method of payment for any repayment or refund that was used for the initial order. This does not apply if we have expressly agreed otherwise and the contractual partner incurs no costs. In the case of payment by direct debit, we will transfer the amount to the account used for the order, unless we have been given any other account details. In the case of payment by credit card, we will issue a credit card credit. In addition, WATCHED offers every owner of a premium license a 14-day right of withdrawal and reserves the right to demand compensation for services already provided up to the point of withdrawal.

2.5 User obligations

A user guarantees that the information provided in the registration procedure is valid, faultless, exact, and not misdirecting. Furthermore, the user warrants that any content that was either imported or shared from a user device doesn’t violate against intellectual property rights. Beyond that the user needs to ensure that his username and password won’t be shared with third parties. We don’t take any responsibility arising from the abuse of an account by users that overtake the account of other registered users.

2.6 Marketing permission

Upon completion of the registration, you authorize us to send you commercial messages via different channels for the purpose of marketing our services. We neither share your information with third parties, nor do we send you any commercial message that is not part our Product. You can terminate this permission anytime by sending us an email or directly clicking on a link, which depends on the channel that was used.

2.7 Service coverage

Depending on the account type, the rendered services might vary. WATCHED reserves the right to offer different services for users based on their account type, location, and any requirements that need to be followed in the jurisdiction of the user. Registered users can access a broad range of features such as accessing own user content via our Product. This feature allows registered users to access streamable content from their device by using the library. Watching the own media content is one of our core features, as WATCHED is offering a software that can play video, audio, and other media seamlessly. We neither store any content files, nor do we provide access to content and therefore the service only consists of the technical software solution to play files that are already stored on the device of the user or via a file that is being stored externally, while the user needs to know the URL for accessing such a file. Furthermore, users can’t share their own content with other users or third parties to avoid any type of intellectual property infringements.

3. Acceptable Use Policy

Without limiting any other provision of these ToS, users may only use our Product in accordance with the terms below:

3.1 Liability of Users

Accessing streamable content is only allowed for private purposes. Commercial use is not allowed at all. Users are completely liable for any damages arising from copyright infringements, resulting from distributing content publicly by broadcasting techniques of any type. Moreover, any user is fully responsible for sharing their own content to other users. We don't monitor such activities and entirely distance ourselves from any infringing use of our Product. Furthermore, any user is obliged to restrain from accessing streamable content that was made public by other users via social networks or any other form of distribution. We reserve the right to delete content information without providing a notice, in case of violations against our policies.

3.2 Contract termination

A user may terminate his contract without providing any reason by written form in accordance with these ToS, or by terminating his account for any services for which we enable users to cancel a subscription, or by simply taking no further action than letting his account expire and don't accessing it anymore. In case of a user that has purchased a subscription, the cancellation might become effective by the end of the current subscription period. Exceptions are possible for cases in which both parties agree to a termination. We reserve the right to terminate a contract with any user at any given time without providing a reason. This action also includes the deletion of any content along with items in the Library. In case of a criminal action that was committed by a user, we also reserve the right to report such activity to the responsible authorities along with providing any evidence to identify the individual that is responsible for such infringing activity. Apart from that we might also terminate the contract with any party based on any provisions of these ToS. In case of a legal obligation to entirely terminate our Product, we reserve the right to terminate the contract with any parties without issuing a statement on the reason and granting a period before termination. In any of these cases WATCHED isn't accountable for any damages arising from the immediate termination.

3.3 Restrictions of use

Users may not attempt to reverse engineer, decompile, disassemble any properties of our Product. Moreover, modifying, altering, repairing, or creating other type of derivative works involving our Product is also not allowed. Even for the possibility of creating addons, we only provide you access to our SDK based on the provision that you comply with our ToS. Any damages resulting from such activities will result in a legal action in which users are liable to indemnify us.

3.4 Product availability

We may undertake any measures to ensure the accessibility of our Product. With this regard we're not liable for any downtimes, interruptions, and the general quality of goods and services of our Product. In this regard, we also don’t take any liability for the technical equipment of the user including the internet connection, which needs to be maintained by the user. Beyond that, we’re also not liable for failing to provide access to our Product arising from circumstances that are beyond our control such as act of nature. Furthermore, we can't guarantee the validity of content information and content of users. WATCHED doesn't take any liability for damages resulting from invalid data or content information or any similar circumstances. Beyond that we're not obliged to restore any data resulting from a deletion by the user or us, regardless of the reason for the deletion. Furthermore, we may terminate the access to our Product for any user without providing any prior notice, in case of violation against our ToS. Regardless of the circumstances that lead to limitations of the availability and even in case of full availability of our Product, WATCHED isn’t liable for any damages arising from the use of our Product or the unavailability, inaccuracy, and incompleteness thereof. In conclusion, any user of our Product agrees that they use our services at their own risk, while also agreeing that WATCHED isn’t liable for any damages arising from the use of our Product.

3.5 Accessing user content

We strictly follow the Swiss Federal Act on Data Protection law and therefore are neither obliged to monitor the user behaviour, nor are we allowed to enter their private data in form of accessing the content of the user including any activities. Furthermore, we're also not obliged to monitor the internet to proactively identify indications of use that might be infringing our ToS, to fully comply with several provisions of the Swiss Federal Act on Data Protection law. Exceptions are made for any governmental requests of supplying them user information arising from activities that involve international criminal law, backed by a valid adjudication solely for purposes of securing evidences.

3.6 Provisions for Addon development

CAD are solely allowed to publish addons that don't involve the infringement of intellectual property rights of any third party. Therefore, it is strictly forbidden for CAD to program applications that allow users to access licensed material without the permission of the rightholder. Rather our SDK is intended to provide access for content owners to use our platform for enabling users of our Product to access their content via our platform. Based on these provisions, CAD can publish streamable content via addons, if the content itself doesn't violate any general laws and intellectual property of rightholders. In case of a violation against any law, the CAD is solely responsible for publishing the infringing addon. WATCHED won't take any liability for damages arising from addons that were published by CAD and we reserve the right for indemnifications arising from publishing infringing addons via our Product. By using our SDK and publishing addons, CAD confirm that they either hold the entire copyright for streamable content or at least a comprehensive license for publishing such content via the WATCHED Product. Any CAD that publishes content which solely belongs to them doesn't automatically grant any rights to third parties by publishing their intellectual property via our Product. In case of removing previously published content, the CAD acknowledges that users who were able to access such content before the deletion became effective might still have access to content in form of a backup that was done prior to the deletion. We require from CAD to abide to international laws and don't publish any addons that may violate ethical principles along with any other form of infringement which could lead to a legal action.

4. Intellectual Property Regulations

Besides the limited use rights and licenses particularly set in these ToS, any users of our Product also need to strictly abide to the following intellectual property agreement:

4.1 Properties of WATCHED

WATCHED entirely reserves all rights, titles summarised as intellectual property and proprietary rights that arise from the whole sphere of the Product as defined in these ToS consisting of any services, trademarks, technology, and software. Without any exception, you do not acquire any type of ownership or rights related to our Product, other than which is clearly stated in these ToS.

4.2 Properties of Community Addon Developers

CAD grant all users the right to access their published content on a non-exclusive base for the sole purpose of private use without commercialisation. CAD might define an own license and regulation for their addon, which should be free of charge and available for any users regardless of their location or any other type of user preference. As for the period of such a license, it should be valid throughout the entire time of the addon being published for use via our Product, while even granting a period extension of 3 months after the deletion of an addon. Beyond that, CAD are required to immediately remove any content from their addon or completely disable their addon, if any of their license for intellectual property of third parties has expired or they receive a notice of copyright infringement. Although we don’t take any liability for breaches of this policy or as stated in 3.6, WATCHED won’t tolerate any type of infringement and particularly reserves the right for indemnifications arising from violations of intellectual properties of third parties.

4.3 Limited liability of WATCHED

Any user confirms to agree to these ToS and use our Product solely for purposes that are in accordance with international laws. We clearly distance ourselves from any content that was made accessible by any users of our Product. In this regard, we don’t take any responsibility for the affection of intellectual property rights of any type belonging to third parties. We’re also not obliged to monitor or review any content of our users regarding compliance to international law or these ToS. As a result, we’re clearly limiting our liability only for the media player software along with the technical infrastructure of our entire Product that we offer based on the provisions of these TOS, and beyond that we’re not responsible for any content published via our Product by third parties.

4.4 Indemnification

Any user of our Product fully agrees to abide to international laws. Furthermore, users acknowledge to indemnify, defend, and avoid any harm to WATCHED from and against any legal claims, actions, and demands without any limitation. These indemnifications particularly also include any damages resulting from violations against these ToS, any claim in relation with publishing content, and beyond that also any abuse of our own intellectual property leading to damages of any type. WATCHED reserves the right to claim indemnification regardless of your cooperation or willingness to defend WATCHED's interests. In such cases you agree to comply with any reasonable request regarding the defence of WATCHED in legal actions at your own expense. This regulation is valid for the maximum possible period of the applicable legislation even after termination of any previously agreed contract.

5. Data Privacy

As already stated in section 3.5 of these ToS, we strictly enforce the regulations of the Swiss Federal Act on Data Protection law, and therefore the following provisions are part of our terms which any users agree to:

5.1 Processing of data

WATCHED may collect personal and non-personal data of a user. As for personal information, this is necessary for identification, contact, or location of users and may contain name, mailing address, email address, telephone number, age, as well as any further information that users voluntarily provide for the administration of our Product. Besides that, we also process non-personal information, which could be of statistical character such as website visitations, application usage and any other form of data which doesn't identify you as a specific individual. While personal data is being handled with strict data privacy regulations, user content itself is not regarded as personal data as defined in section 1.2, and therefore might not be handled as personal privacy data which is under protection of these ToS and international data privacy laws. By using our Product, any user agrees to the processing of such data in compliance with the Swiss Federal Act on Data Protection. Moreover, any user grants us the right to process both personal and non-personal data for activities involving sending direct marketing material to users, and processing data with an analytical software to apply data analytics. WATCHED won’t transfer personal data to third parties and only reserves the right to use the data of users for the sole purpose of administration our own Product. Exemptions of this provision are transferring data to subcontractors and employees of WATCHED for the same purpose.

5.2 Privacy rights of users

Users may terminate the right for any activities that are not mandatory for the administration of our Product such as direct marketing activities. WATCHED reserves the right to entirely terminate the contract in such case without providing a reason. Furthermore, we’re not required to delete any personal data for up to five years after the termination, if there is a legal reason for processing them further even after the termination of a contract. In case of a contract termination of a registered user, a user might be able to proceed using our Product without a registration. Beyond that users are responsible for ensuring that no third party will gain unauthorised access to their user profile and the user agrees to be entirely liable for any damages arising from such a data privacy breach.

5.3 Changing personal data

WATCHED may allow users to update their personal data that was previously submitted, if such activity won't compromise our privacy, security, or any other interest resulting from these ToS. Moreover, WATCHED may delete personal data from our DB, while also pointing out that the deletion of the entire data set of a user might be not possible with immediate effect, due to regular provisions of backup and maintenance proceedings. Any request for amendment or deletion shall be submitted to: support@watched.com.

5.4 Editing and transfer of data

We don’t edit any user data or transfer user data to third parties, unless a user requests us to do so in a written statement. Exempted from this provision are cases in which we’re legally required to comply with governmental authorities and transfer data to them while ensuring to comply with data privacy regulations as stated in section 5.1. Beyond that also transferring data to employees or contractors of WATCHED for the sole purpose of the administration of our Product is exempted from this provision. Another exemption is valid for sharing non-personal data with providers of data analytics software for the sole purpose of improving the overall service of our product. Personal data won’t be transferred to any third parties, unless an exceptional legal obligation or provision as stated in these ToS require such a course of action.

6. Miscellaneous Provisions

These ToS contain all policies and guidelines related the entire Product of WATCHED. Any previous agreement of any type, whether written or oral, automatically becomes superseded by these ToS. Below listed are the final provisions with regards to the amendments of these ToS and other terms which don't fit into any of the previous sections:

6.1 Reservation of Rights and Severability

WATCHED reserves all rights that are not stated in these ToS while demanding cumulative rights and remedies. In case of delay or failure by WATCHED regarding the exercise of any right will automatically waive any additional exercise of that right. Should any term of these ToS found unenforceable or invalid based on a decision by a court of competent jurisdiction, only that term will be either limited or severed while ensuring that the rest of these ToS remain in full force and effect.

6.2 Governing Law

Any user of our Product agrees that the law of Switzerland will govern this agreement and therefore Swiss law and jurisdiction will be applied for any disputes arising from these ToS. Before a legal action could be brought to a court in Switzerland, any involved parties need to apply any reasonable provisions for resolving a dispute extrajudicial by finding an agreement. If both parties fail to reach an agreement within four weeks after the dispute notification has been delivered to the other party, a legal action in a court becomes viable.

6.3 Changes of these terms

WATCHED reserves the right to modify and update these ToS at any time with immediate effect, while not being obligated to inform users about upcoming changes to the ToS policy. In case of changes that become effective, users will be asked to agree to the updated ToS. In case of denial of the changes, WATCHED reserves the right to cancel the contract, if applicable.