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General Terms of Service

TERMS OF SERVICE — IPTV One

PREAMBLE

These Terms of Service ("ToS") for IPTV One are binding on Runway (hereinafter "Runway"), a simplified joint-stock company (SAS) registered under SIREN 989 869 276, with its registered office at 2 Place Grande Hermine, 35000 Saint-Malo, represented by its legal representative Mr Julien VERMET.

Runway and the User are hereinafter referred to individually as a "Party" and collectively as the "Parties".

Runway is a company offering a multimedia player application ("IPTV One" or the "Application") enabling the streaming of television content via the internet protocol.

This application allows Users to add audiovisual content to the Application via URLs or identifiers pointing to playlists.

ARTICLE 1 - DEFINITIONS

Capitalised terms used in these ToS, whether in the singular or plural, shall have the meanings set out below.

"Subscription" means a subscription plan taken out by the User to access the Application's services, under the conditions set out in the Agreement;

"Application" means the IPTV One application operated and developed by Runway;

"ToU" means the Terms of Use of the Application described in Annex 1;

"User" means the natural person who has subscribed to a Subscription to the Application under the conditions set out in the Agreement;

"Agreement" means these ToS and its Annexes;

"Personal Data" means any information relating to an identified or identifiable natural person; an "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

"Data Controller" means Runway, the legal entity that determines the purposes and means of processing the User's Personal Data, i.e. the objective and the manner in which it is carried out;

"Content" means the content imported and viewed by the User within the Application.

ARTICLE 2 - PURPOSE

The purpose of the Agreement is to define the terms and conditions under which Runway provides the Application to the User.

The Application is provided under the conditions set out in the Agreement.

The following contractual documents, listed in ascending order of precedence (the most important being these ToS), form the Agreement governing all relations between the Parties:

  • The ToS;
  • The Annexes:
  • Annex 1: Terms of Use (ToU)
  • Annex 2: Pricing conditions
  • Annex 3: Description of Application features

In the event of a conflict between one or more provisions in two documents of different levels of precedence, the document of higher hierarchical force shall prevail.

In the event of a conflict between one or more provisions in contractual documents of the same rank or between successive versions of contractual documents, the most recent document shall prevail.

Runway may amend the Agreement in order to adapt to its technological environment and to comply with applicable regulations.

Runway will notify the User of any amendment to the Agreement before it comes into force.

The Agreement sets out the entirety of the Parties' obligations to each other with respect to its subject matter.

It supersedes and replaces all prior commitments, offers or proposals, whether oral or written, relating to the same subject matter.

Access to the Application is conditional upon the User's express and unreserved acceptance of the Agreement.

ARTICLE 3 - DURATION - TACIT RENEWAL

The Agreement takes effect on the date the User registers with the Application or subscribes to a Subscription.

The User is deemed to have read and accepted the Agreement without reservation on the date of their registration with the Application or their subscription to a Subscription.

The provisions of the Agreement apply throughout the User's use of the Application.

The Subscription is, at the User's choice at the time of subscription and subject to current promotional offers:

  • For a period of one (1) week, one (1) month, two (2) months, three (3) months, six (6) months or twelve (12) months, tacitly renewable for the same successive periods, unless the Agreement is terminated by either Party under the conditions set out in Article 22.

Or

  • For an indefinite period, under a lifetime commitment from which the User may unsubscribe at any time under the conditions set out in Article 22.

Depending on current promotional offers, the User may also benefit from other Subscription durations, for example a three (3)-day trial period.

In that case, the Subscription is concluded for a period of three (3) calendar days. Where applicable, at the end of the three (3) days (hour by hour), the Subscription is renewable for the commitment period selected at the time of subscribing to the trial period, unless terminated by the User under the conditions set out in Article 22.

The duration of the Subscription, payment of the price, renewals and cancellations are managed by the operating systems of the User's device through their account with those systems (iOS, Android) or directly by Runway on the Application for Windows and Linux (Snapcraft) operating systems.

The pricing conditions for the various commitment periods are set out in Annex 2.

ARTICLE 4 - NO RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L. 121-28 of the French Consumer Code, the User acknowledges and expressly accepts that the provision of the Application and its services begins immediately after validation of their Subscription, i.e. before the end of the fourteen-day cooling-off period provided for by the Consumer Code.

Accordingly, the User acknowledges and accepts that they do not benefit from the right of withdrawal applicable to online or distance selling.

No request for withdrawal, cancellation or refund shall be accepted in respect of the subscribed period.

ARTICLE 5 - DESCRIPTION OF APPLICATION SERVICES

Runway makes the Application available to the User under the conditions set out in the Agreement.

The various Application services are described in Annex 3.

ARTICLE 6 - CONTENT IMPORTED BY THE USER

The User is informed that Runway provides a neutral application containing no content by default.

The User is responsible for the content they import and view on the Application.

To that end, the User undertakes to import only audiovisual content obtained lawfully, in compliance with the intellectual property rights of rights-holders in the audiovisual content imported into the Application.

The User is informed that the Application is not a solution for importing and/or viewing illegal content or content obtained fraudulently.

Runway exercises no control over imported content and is therefore not responsible for the use made of the Application by the User.

Accordingly, the User shall bear all risks in the event of legal proceedings (civil or criminal) arising from use of the Application for fraudulent or unlawful purposes.

ARTICLE 7 - PRICE - PAYMENT CONDITIONS

In consideration for making Application Subscriptions available, the price charged is:

  • A Subscription of one (1) week, one (1) month, two (2) months, three (3) months, six (6) months or twelve (12) months, tacitly renewable, in the form of a fee payable in full on the date of commitment or renewal, the pricing conditions for which are set out in Annex 2;
  • A lifetime Subscription, in the form of a fee payable in full on the date of commitment, non-refundable and cancellable at any time, the pricing conditions for which are set out in Annex 2.

ARTICLE 8 - LICENCE TO USE THE APPLICATION

Runway grants the User, who accepts, a non-exclusive and personal right of use of the Application, worldwide and for the duration of the Subscription or use, under the conditions set out in the Agreement.

The licence includes the right to use the Application under the following conditions:

The User is authorised to install and use the Application for strictly personal purposes within a private circle.

The User's Subscription is strictly personal; the User may permit third parties to use their Subscription at their sole responsibility and at their own risk.

The User is prohibited from broadcasting, transmitting or communicating the Application to the public on any medium and from making it available on the market, whether for a fee or free of charge.

The Agreement does not entail any transfer of ownership of the Application to the User.

The User acknowledges that the elements forming the Application (at the time of download, before any import of content by the User) are protected by copyright, trade mark law or any other rights and laws relating to intellectual property.

Runway reserves the right to terminate the Agreement by operation of law and/or to take any action in the event of an infringement of its intellectual property rights.

ARTICLE 9 - RUNWAY'S OBLIGATIONS

Runway undertakes to use all reasonable means to provide the Application and its services to the best of its ability.

To that end, the Parties expressly agree that Runway's obligations under the Agreement are obligations of means and that Runway's liability to a User may only be engaged in the event of proven fault on Runway's part in respect of damage directly attributable to Runway.

ARTICLE 10 - USER'S OBLIGATIONS

It is the User's responsibility to ensure that the Application meets their needs.

The User is responsible for the content they import and view on the Application.

To that end, the User undertakes to import only audiovisual content obtained lawfully, in compliance with the intellectual property rights of rights-holders in the audiovisual content imported into the Application.

The User also undertakes to pay the price owed to Runway and to comply with the agreed payment schedules.

The User will inform Runway in writing of any anomaly found on the Application that is not due to a modification of the Application by the User or to misuse thereof.

The User acknowledges that the elements forming the Application constitute trade secrets and are protected in particular as software and intellectual works.

The User accordingly undertakes to treat them as confidential information.

The User undertakes to comply with the ownership notices appearing on the Application, its media or in the ToU.

ARTICLE 11 - RESTRICTIONS

The User is not authorised to:

  • Use the Application for purposes other than those expressly provided for in the Agreement;
  • Use the Application in a manner that does not conform to the specifications of the functional documentation;
  • Modify, decompile, disassemble, translate or recreate the Application, even in part, or permit third parties to do so;
  • Attempt to modify, circumvent or provide the method or means of circumventing any deactivation mechanism that prevents use of the Application after the expiry of the Agreement;
  • More generally, use the Application in breach of the provisions of the Agreement or any legal or regulatory requirement.

ARTICLE 12 - ACCESS TO APPLICATION SERVICES

12.1. Access to the Application

Runway will use its best efforts to ensure the Application is accessible at all times, 24 hours a day, 7 days a week, except during scheduled maintenance periods or interruptions resulting from a security breach.

The User is informed that connection to, configuration of and updates to the Application are carried out via the internet.

The User is accordingly warned of the technical uncertainties that may affect the internet and cause slowdowns or unavailability that make connection impossible.

Runway cannot be held liable for any difficulty accessing the Application due to disruptions to the internet.

Runway provides the User, via the ToU, with technical information regarding the conditions for connecting to the Application.

It is noted that the User is responsible for obtaining and implementing the equipment (hardware and software) necessary to access the Application via the internet.

It is noted that Runway uses its best efforts to protect access to the Application in order to permanently protect, vis-à-vis third parties and other users not authorised to access it, all User data entered in connection with the use of the Application.

To that end, Runway implements identification measures for Users when connecting.

Each User is required to use their email address to register and log in to the Application.

A six (6)-digit confidential code will be sent by email to validate the User's registration and each new login.

The use and preservation of the confidentiality of credentials are the sole responsibility of the User.

Any loss or involuntary disclosure of information that could enable a third party to gain knowledge of the User's credentials must be immediately reported in writing to Runway.

Runway reserves the right in all circumstances to close or suspend the User's account without incurring any liability under the Agreement.

12.2. Support and maintenance

Under this Agreement, Runway undertakes to provide the User with a support and maintenance service comprising:

  • Email assistance;
  • Technical maintenance.

Runway's support and maintenance service is provided on a best-efforts basis.

As regards technical assistance and maintenance: in the event of a technical incident on the Application, Runway will use its best efforts to intervene as quickly as possible after being informed by the User via an email sent to: [email protected].

It is noted that requests for technical assistance and maintenance on the Application can only be processed between 9:00 and 16:30 on working days.

However, Runway does not guarantee any response time or Application restoration time.

Likewise, in the event of a security breach identified by Runway that is likely to seriously compromise the security of the Application and/or data, Runway may, without notice, temporarily interrupt Application services in order to remediate the security breach as quickly as possible.

Any maintenance operation must conclude with verification tests to confirm the proper functioning of the system once the operation is complete.

More generally, Runway undertakes to use its best efforts to ensure normal operation of the Application made available to the User, without this giving rise to an obligation of result on its part.

ARTICLE 13 - ACCESS TO UPDATES

The User may access updates to the Application made by Runway throughout the duration of the Agreement.

However, Runway is not able to update information and content configured or provided by the User that appears in the Application.

It will accordingly be the User's responsibility to either:

  • Update information and content configured in the Application directly, subject to prior authorisation from Runway in accordance with the provisions of this Agreement;
  • Provide Runway with the information and content to be updated in the Application.

The User is solely responsible for installing and running updates.

It is noted that Runway may carry out automatic updates to the Application for its proper functioning, which the User accepts.

Runway shall under no circumstances be held liable for the User's failure to install or run Runway's updates to the Application, which renders use of the Application impossible or limited.

Likewise, Runway gives no guarantee of compatibility of Application updates in the event of modification or specific configuration of the Application by the User.

ARTICLE 14 - DELIVERY AND INSTALLATION

The Application is available for free download from the iOS, Android, Windows and Linux (Snapcraft) app stores.

The Application is delivered in the latest version distributed on the date of commitment.

The User shall install the Application at their sole responsibility.

ARTICLE 15 - WARRANTIES

It is the User's responsibility to verify, by all available means, that the Application meets their needs and to ensure that its use will not cause damage.

The User expressly acknowledges having received all warnings, information and advice regarding the use of the Application.

The User also acknowledges that they are solely responsible for the use of information contained in the Application, which they use at their own risk.

In particular, Runway does not warrant that the Application is free from errors, that it will operate without interruption, that it will be compatible with the User's equipment, or that it will meet the User's needs.

ARTICLE 16 - LIABILITY

The User uses the Application at their sole responsibility.

As the Application is solely a neutral tool with no content pre-imported by Runway, Runway cannot be held liable in the event of illegal content, offensive content or content infringing intellectual property rights that is imported and viewed by the User.

Runway disclaims all liability in the event of fraudulent use of the Application.

Runway shall not be liable for unavailability or failure of the Application during its use.

In general, the User alone is responsible for the use, management and control of the Application.

It is the User's responsibility to use the Application in accordance with applicable legislation.

The User shall bear all risks in the event of legal proceedings (civil or criminal) arising from use of the Application for fraudulent or unlawful purposes.

Furthermore, the User remains solely liable to Runway in the event of breaches of the Agreement's provisions by the User or by third parties they have authorised to use the Application.

Runway is in no event liable to the User for:

  • Consequential damages arising from the User's failure to comply with any of their obligations or from misuse of the Application in breach of the ToU;
  • Any contamination of the User's files by a virus and any resulting damage;
  • Damage arising from the use of a version of the Application other than the most recent version made available to the User via updates;
  • Damage arising from the combination, implementation or use of the Application with programs or data not provided by Runway;
  • Destruction or deterioration of the User's content or data and any resulting damage;
  • Any damage resulting from unavailability of the Application and/or updates, whatever their duration;
  • Any damage resulting from the operation of the internet or telephone or cable networks used to access the internet;
  • Any damage resulting from any incident, error or delay occurring in connection with use of the Application;
  • Any damage resulting from the use of information integrated into the Application.

In the event that Runway's liability is invoked by the User, the User's right to compensation shall in any event be limited to the total amount received by Runway under the Agreement for its entire duration.

ARTICLE 17 - ALERT AND ABUSE REPORTING PROCEDURE

The User is invited to report to Runway, under the alert procedure described below, any fraudulent use of the Application of which they become aware, in particular any illegal or fraudulent content imported into the Application by a User, or more generally any content imported by a User that contravenes applicable laws and regulations.

Likewise, any person who believes that a right they hold is being infringed on the Application may notify Runway by recorded-delivery letter, providing all of the following information:

  • Identity of the notifier:
  • If a natural person: surname, first name, date of birth, nationality, address and occupation;
  • If a legal entity: its legal form, corporate name, registered office and the body legally representing it.
  • A description of the disputed facts and their precise location on the Application;
  • The grounds on which the content should be removed, including reference to the applicable legal provisions.

The User is informed that Runway has the right, as soon as it becomes aware, to terminate the Subscription of, or delete the account of, any User who has used the Application fraudulently — in particular by importing illegal or fraudulent content or by using the Application contrary to applicable laws and regulations — without compensation or payment.

ARTICLE 18 - PERSONAL DATA

The User and Runway undertake to comply with applicable regulations governing the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable from 25 May 2018.

In connection with the performance of the Agreement:

Runway is the Data Controller of the User's personal data (hereinafter "Data"), within the meaning of French Data Protection Act no. 78-17 of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, dated 27 April 2016 (the "GDPR"), collectively the "Personal Data Regulations".

Information relating to the processing of personal data carried out by Runway is set out in the Privacy Policy accessible at https://runway.bzh/video-one/privacy_policy.html.

ARTICLE 19 - INTELLECTUAL PROPERTY

All elements forming the Application, as well as the pathways integrated into the Application, the source code and all future and specific developments carried out by Runway remain the exclusive property of Runway.

This Agreement does not entail any transfer of ownership rights to the User.

To that end, Runway warrants that it holds:

  • Either the economic rights in the Application and its functional documentation;
  • Or an authorisation from the author of the Application enabling it to freely grant the User the right of use provided for in the Agreement.

ARTICLE 20 - PERSONAL NATURE

The Agreement is concluded on a strictly personal basis.

The User may not assign, transfer or transmit it to any person, in any capacity whatsoever, directly or indirectly, wholly or partially, whether for a fee or free of charge.

Breach of this prohibition may result in termination of the Agreement as provided for in Article 22 "Termination".

ARTICLE 21 - FORCE MAJEURE

Neither Party shall be liable and no compensation may be claimed against either Party in respect of any breach or delay in the performance of any of its obligations under the Agreement due to the occurrence of a force majeure event.

Force majeure events include, without limitation: any governmental decision, any withdrawal or suspension of authorisations of any kind, total or partial strikes by internal staff and/or third-party suppliers, fire, flood, storm, explosion, natural disaster, earthquake, state of war, act of terrorism, epidemic, any act of computer hacking, interruption or failure of the communication or hosting networks of the operator on which Runway depends and/or the networks that replace them, stoppage or suspension of energy supply, data transmission or satellite failure.

When either Party becomes aware of such an event, it shall inform the other Party by any means. The occurrence of a force majeure event shall suspend Runway's obligations.

If a force majeure event continues for more than one (1) month, the Agreement may be terminated immediately and by operation of law, without compensation, by either Party.

ARTICLE 22 - TERMINATION

22.1. Early termination as a sanction

Without prejudice to any damages that Runway may claim, Runway reserves the right to deactivate a User's access to the Application; in that event, their Subscription will be terminated without notice or compensation in the event of:

  • The User's failure to comply with the Agreement;
  • Infringement of the intellectual property rights of Runway or third parties;
  • Circumvention or attempted circumvention of technical protection measures put in place by Runway;
  • Provision of false information at the time of subscription;
  • Total or partial non-payment by the User of their subscription price;
  • Actions contrary to Runway's commercial interests;
  • Abusive behaviour by the User towards Runway;
  • Breach of applicable legislation.

22.2. Termination

The User may unsubscribe from the Application and their Subscription at any time by going to the Settings page of the Application.

Where the Subscription was taken out directly with Runway via the Application, the User must notify cancellation of their Subscription by clicking "Cancel my subscription" in the Application Settings.

Where the Subscription was taken out via an operating system (iOS, Android, Windows, Linux (Snapcraft), etc.), the User notifies cancellation in the settings of their account with the operating system on their device.

With regard to lifetime Subscriptions taken out with Runway, cancellation by the User does not give rise to any refund.

By way of exception, where the Subscription is taken out via an operating system, it is not possible to cancel the lifetime Subscription, which remains available. Deleting or uninstalling the Application results in the loss of any data it contains.

In any event, termination takes effect at the end of the current Subscription period.

ARTICLE 23 - CONSEQUENCES OF TERMINATION

From the effective date of termination of the Agreement, for whatever reason, Runway will immediately block the User's access to the Application.

Amounts already received by Runway shall be retained and shall not give rise to any refund.

ARTICLE 24 - LANGUAGE OF THE AGREEMENT

Should the Agreement be translated into a foreign language, only the French version shall be authoritative.

ARTICLE 25 - PARTIAL INVALIDITY

If one or more clauses of the Agreement are found to be null and void or without object, they shall be deemed unwritten and shall not invalidate the other provisions, unless they are of a fundamental nature.

The Parties shall replace the null provisions, by way of an amendment, with new valid legal provisions that are as close as possible to the intended legal and economic meaning and purpose.

ARTICLE 26 - NON-WAIVER

No waiver by either Party of any of its rights under the Agreement shall constitute a future waiver of those rights.

ARTICLE 27 - ENTIRE AGREEMENT

The Agreement represents the complete and entire understanding between the Parties.

No statement, representation, promise or condition not contained in the Agreement may be admitted to contradict, modify or affect in any way the terms hereof.

ARTICLE 28 - GOVERNING LAW

The Agreement is governed by French law.

ARTICLE 29 - AMICABLE SETTLEMENT AND MEDIATION

In the event of a dispute arising between the Parties regarding the validity, performance or interpretation of the Agreement, the Parties undertake to cooperate diligently and in good faith with a view to finding an amicable solution.

If the User is a "consumer" within the meaning of the introductory article of the French Consumer Code, they must first address their complaint to Runway directly, by post to: Runway, 2 Place Grande Hermine, 35000 Saint-Malo, or by email to: [email protected]h

ARTICLE 30 - COMPETENT COURT

In the event of failure to reach an amicable solution, all disputes regarding the interpretation and performance of the Agreement shall be subject to the jurisdiction of the competent courts within the jurisdiction of the Rennes Court of Appeal.

However, if pursuant to Article R. 631-3 of the French Consumer Code the User may be classified as a consumer, they may bring proceedings before either one of the courts with territorial jurisdiction pursuant to the French Code of Civil Procedure, or the court of the place where they resided at the time the Agreement was concluded or the damaging event occurred.

ANNEX 1 - TERMS OF USE

ANNEX 2 - PRICING CONDITIONS

  • Prices

Prices are set according to the User's region and the store used (App Store, Google Play). The applicable rates are those displayed at the time of subscription directly in the Application.

The price does not include costs related to equipment and electronic communications necessary for the use of the Application and its services; such costs remain the User's responsibility.

The price is expressed in the currency applicable to the User based on their location and is inclusive of all taxes.

The prices charged to the User, after any applicable discounts, rebates and allowances, are those in force on the date the Subscription is registered.

  • Payment

Payments are made:

  • Directly to the operating systems of the User's device (iOS, Android, Windows, Linux (Snapcraft), etc.), depending on the payment methods offered, such as bank payment, prepaid card, bank transfer, etc.

Or

  • Directly to Runway, within the Application via Stripe.

ANNEX 3 - DESCRIPTION OF APPLICATION FEATURES

  • CROSS-DEVICE SYNCHRONISATION
  • A single account for all of the User's devices
  • Synchronisation of favourites and favourite groups
  • Synchronisation of recently viewed items
  • Synchronisation of custom channel groups
  • Synchronisation of hidden videos and groups
  • Playback position saving
  • CONTENT MANAGEMENT
  • Import via M3U/M3U8 URL, Xtream Codes API or Stalker Portal
  • Automatic organisation: Live TV, Films, Series
  • Custom group creation and favourites management
  • Isolation of unwanted content for a cleaner interface
  • Multiple content provider support
  • PLAYBACK & CONTROLS
  • Playback speeds from 0.5× to 2×
  • Quick jumps (±10s / ±30s)
  • Gesture controls for effortless navigation
  • Picture-in-Picture (PiP) for multitasking
  • Portrait and landscape playback
  • VIEWING EXPERIENCE
  • 4K, HDR and Dolby Vision (if supported)
  • Multi-language audio tracks and subtitles (if integrated in imported content)
  • External subtitles via OpenSubtitles and adjustable subtitle size
  • Casting support (Chromecast compatible)
  • SMART DISCOVERY
  • Advanced EPG with grid view
  • Access to popular and recent films and series
  • Catch-up and Replay (if provided by the source)
  • Advanced search and language filters
  • CONVENIENCE
  • Offline playback: download and watch without a connection
  • Dark mode and smooth navigation
  • Enhanced media metadata provided by TMDb