Terms and conditions of sale and use

1. Purpose and scope

These terms govern the supply of the Zonda Player software by Clicklab SRL, hereinafter “the publisher”, to any natural or legal person who installs it or takes out a subscription, hereinafter “the user”.

Installing the software and creating an account constitute acceptance of these terms.

2. Nature of the service: no content is provided

Zonda Player is playback software. It displays the streams the user already has access to, using the credentials or addresses the user supplies himself.

The publisher provides, hosts, indexes, lists and resells no television channel, no film, no series and no package. No audiovisual content is distributed with the software, and the software is unusable until the user has configured a source of his own.

The user is solely responsible for the lawfulness of the subscriptions, playlists and addresses he configures, and for complying with the rights attached to the content he accesses. The publisher exercises no control over that content and accepts no liability for it.

3. Account and activation

Using the software requires creating an account, identified by an email address. No password is used: each sign-in relies on a single-use code sent to that address.

The user warrants the accuracy of the address supplied and his exclusive access to it. Any action performed with a valid code is deemed to come from the user.

4. Free plan and subscription

The free plan gives access to playback of channels, films and series, to the programme guide, to search by content, and to all supported formats, with one configured source. It may display promotional content relating to the publisher’s own products and services.

The premium subscription adds favourites, custom categories, resume playback, an unlimited number of sources, downloading of films and episodes, online subtitle search, and removes all promotional content.

The publisher reserves the right to change how features are split between the two plans. No feature included in a current subscription may however be withdrawn from it before its term.

5. Free trial

A free trial of eight days gives access to every feature of the subscription. It requires no payment method, never turns into a subscription automatically, and ends by itself at its term.

At the end of the trial the account returns to the free plan. No data is deleted: configured sources and the catalogue stay in place, only the subscription features stop being available.

The trial is granted once per account, and once per computer. That second limit is checked using an irreversible hardware fingerprint, described in the privacy policy, whose sole purpose is to prevent the trial from being renewed indefinitely using different addresses.

6. One simultaneous device

A licence, free or paid, allows playback on one device at a time. The user may install the software on as many computers as he wishes.

When playback starts on a second device, playback in progress on the first ends within three minutes and a message explains why. No prior deactivation is required.

Enforcing this rule requires an internet connection. Should the activation service be unavailable, the software remains usable for forty-eight hours.

7. Price and tax

The premium subscription is offered at 15 euros per year, all taxes included. This price is identical throughout the European Union.

Value added tax is that applicable in the user’s country of residence and is included in the displayed price. An invoice is made available for each payment.

8. Payment

Payment is made by card and processed by Stripe Payments Europe Ltd. The publisher never has access to card details.

The price is due on subscription, then on each anniversary date in the event of renewal. Should a payment fail, the publisher informs the user and further attempts are made; failing regularisation, the subscription ends at the term of the current period and the account returns to the free plan.

9. Duration, renewal and cancellation

The subscription is entered into for one year and renews automatically for successive one-year periods unless cancelled.

The user may stop the renewal at any time, without reason and free of charge, from his account. Cancellation takes effect at the term of the current period: the service remains available until that date, which corresponds to what was paid for.

The publisher informs the user before each renewal date, at the email address associated with the account.

On expiry of the subscription the account is not deleted: it returns to the free plan. Configured sources and local data remain on the user’s computer.

10. Right of withdrawal

A consumer user has fourteen days from subscribing to withdraw, without reason and without penalty.

In accordance with article VI.53, 13° of the Belgian Code of Economic Law, this right no longer applies once the user has expressly consented to immediate performance of the contract and acknowledged losing his right of withdrawal. That consent is collected, and its date recorded, at the time of subscribing.

To exercise this right where it still applies, send an unambiguous request to contact@zondaplayer.me. Reimbursement is made within fourteen days, using the payment method used when subscribing.

11. Referrals

Each account has a referral code. When a new user takes out a premium subscription quoting that code when signing up, one month of subscription is granted to the referrer and one month to the referred user.

The referrer’s credit vests once the fourteen-day withdrawal period applicable to the referred user has elapsed. It is applied to the referrer’s subscription balance, or kept and applied to his first subscription if he is not yet a subscriber.

An account may be referred only once, and a referrer may not obtain more than twelve credits in any twelve-month period. Referring an account created by the referrer himself, or any manoeuvre intended to obtain credits without bringing in a new user, results in the cancellation of the credits concerned.

12. Availability and no warranty on third-party streams

The publisher takes reasonable steps to keep the activation service available. It does not warrant uninterrupted availability and may suspend the service for maintenance.

The quality, continuity and availability of the streams played by the software depend exclusively on the providers chosen by the user. The publisher has no control over those providers and does not warrant that any given stream, format or subscription will work. Being unable to play a third-party stream is not a defect of the software and gives no right to reimbursement.

13. Suspension and termination by the publisher

The publisher may suspend or terminate an account, after warning where circumstances allow, in the event of a serious breach of these terms, in particular organised account sharing, circumvention of technical measures, or use of the software for manifestly unlawful purposes.

Where termination follows a breach, the unused portion of the subscription is refunded pro rata, except where the breach amounts to established fraud.

14. Liability

The publisher’s liability is limited to direct and foreseeable damage, and may not exceed the amount paid by the user during the twelve months preceding the triggering event.

Nothing in these terms limits the publisher’s liability in the event of wilful misconduct, gross negligence, or harm to life or physical integrity. The rights that Belgian consumer protection legislation grants to a consumer user remain applicable in all cases.

15. Personal data

The processing of personal data is described in the privacy policy, which forms an integral part of these terms.

16. Changes to these terms

The publisher may amend these terms. Any substantial change is notified to a subscribed user at least thirty days before it takes effect, at the address associated with the account. A user who refuses the change may cancel his subscription and obtain a pro rata refund of the unused period.

17. Governing law and disputes

These terms are governed by Belgian law. This choice does not deprive a consumer user of the protection afforded by the mandatory provisions of the law of his country of habitual residence.

In the event of a dispute, the user is invited to contact the publisher first. Failing an amicable solution, a consumer residing in Belgium may refer the matter to the Consumer Mediation Service, Boulevard du Roi Albert II 8, 1000 Brussels.

Failing amicable settlement, the competent courts are those of the judicial district of the publisher’s registered office, without prejudice to the mandatory rules of jurisdiction applicable to consumers.