This Public Agreement establishes the procedure for providing access to media content on the Internet in Ukraine to an unlimited number of individuals (hereinafter referred to as "Subscribers") by Platform TVLIMITED LIABILITY COMPANY (hereinafter referred to as the "OTT Service") in accordance with the provisions of Article 633 of the Civil Code of Ukraine. This Agreement constitutes a public offerwithin the meaning of Article 641 of the Civil Code of Ukraine, addressed to Subscribers for entering into a contract for media content access services with the OTT Service.
This Public Agreement is a contract of adhesionwithin the meaning of Article 634 of the Civil Code of Ukraine. The terms of this Agreement are unilaterally determined by the OTT Service and may only be accepted by the Subscriber in full, without modifications. The Subscriber is not entitled to propose any amendments or alternative terms to this Public Agreement.
For the purposes of this Public Agreement, the following terms shall have the meanings set forth below:
Terms not expressly defined in this Agreement shall be interpreted in accordance with the applicable laws of Ukraine.
This Agreement has been developed in accordance with the applicable legislation of Ukraine.
This Agreement governs the relationship between the OTT Service and Subscribers regarding the provision of access to media content on the Internet.
This Agreement becomes binding on the OTT Service upon its publication on the Website. The Agreement shall become binding on the Subscriber upon its conclusion, specifically from the moment the Subscriber makes payment for the Services and/or commences actual use of the Services, thereby signifying full and unconditional acceptance of the OTT Service’s offer in accordance with Article 642 of the Civil Code of Ukraine.
The terms and conditions of this Agreement are set forth in this Agreement, the Rules, and the Tariff Plans, all of which are officially published on the Website. Before entering into the Agreement, the Subscriber is required to review its terms. If the Subscriber does not agree with the terms of the Agreement, they shall refrain from using the Services. The Subscriber's actual use of the Services shall be deemed as acceptance of the terms of this Agreement.
The terms of this Agreement, the Rules, and the Tariff Plans are determined solely by the OTT Service in compliance with the applicable legislation of Ukraine. The OTT Service may amend this Agreement, the Rules, and the Tariff Plans, provided that Subscribers are duly notified by publication on the Website or in other media no later than seven (7) calendar days before such amendments take effect. If the Subscriber does not agree with the amendments, they must terminate this Agreement and discontinue use of the Services upon the amendments’ effective date. Failure to terminate the Agreement and continued use of the Services after the amendments come into force shall be deemed as the Subscriber’s acceptance of the amendments.
If any provision of this Agreement conflicts with the applicable legislation of Ukraine, the provisions of such legislation shall prevail.
A prerequisite for the provision of Services to the Subscriber is the availability of the necessary technical capacity on the part of the OTT Service. If, during the provision of Services, it is determined that the existing technical capacity does not allow the OTT Service to fully provide the Subscriber with the selected Tariff Plan’s Services, the OTT Service may offer the Subscriber an alternative Tariff Plan that aligns with the existing technical capacity. If the Subscriber declines to switch to an alternative Tariff Plan, the OTT Service reserves the right to terminate the Agreement.
Certain parameters of the Services provided to Subscribers shall be governed by the respective Tariff Plans.
To activate the Service, the Subscriber must contact the OTT Service by phone at +38 (044) 592-87-69 and submit a request for activation. The request must include the address where the Subscriber wishes to activate the Service, the selected Tariff Plan, and a contact phone number at which the OTT Service may reach the Subscriber.
The OTT Service shall review the request within seven (7) calendar days and assess the technical feasibility of providing the Service at the specified address. No later than the seventh (7th) calendar day from the date of receipt of the activation request, the OTT Service shall contact the Subscriber to either:
No later than the day of the Subscriber's connection to the Service Network, the OTT Service shall provide the Subscriber with access credentials to the Personal Cabinet (login and password).
The Tariff Plan may require the Subscriber to make a mandatory deposit to their Personal Account before the Service is activated. In such a case, the Service shall only be activated after the required deposit amount has been credited to the Subscriber’s Personal Account.
Service connection is carried out by installing and configuring the Subscriber's terminal equipment to receive the Services.
The Agreement shall be concluded upon the Subscriber performing the Conclusive Actions. Upon conclusion of the Agreement, all prior correspondence, negotiations, and/or arrangements between the OTT Service and the Subscriber shall be deemed null and void.
After concluding the Agreement and providing the registration data, the Subscriber shall, within three (3) calendar days, log into their Personal Cabinet using the access credentials (login and password) provided by the OTT Service and verify their personal data. The Subscriber shall be responsible for safeguarding their access credentials and preventing unauthorized access by third parties.
3. RIGHTS AND OBLIGATIONS OF THE SUBSCRIBER
Make timely payments for the Services in accordance with the payment procedure established in this Agreement. If the Tariff Plan includes a connection fee, such fee shall be paid prior to the Service connection.
Notify the OTT Service of any Service unavailability.
Not modify, upgrade, or reprogram their equipment in any manner that may affect the provision of the Services.
Comply with all restrictions on the use of the Service as set forth in this Agreement and applicable legislation of Ukraine.
Refrain from any actions, including attempted actions, that may result in administrative, criminal, or civil liability under the laws of Ukraine.
Not use the Service and/or Additional Services for resale, including broadcasting or rebroadcasting media content to third parties, except for individuals residing with the Subscriber at the Service provision address.
Regularly check the Website for notifications from the OTT Service regarding amendments to the Agreement and/or Tariff Plans, at least once every seven (7) calendar days. The Subscriber shall bear full responsibility for any consequences resulting from failure to review such notifications in a timely manner.
Order Additional Services from the OTT Service and/or its partners, if available. The procedure for ordering Additional Services is specified in the service descriptions on the OTT Service’s Website and/or the websites of its partners.
Change their Tariff Plan, provided such a transition is permitted by the OTT Service. The Subscriber may switch to another Tariff Plan via their Personal Cabinet.
Access information about the Services they have used through the Personal Cabinet.
Submit claims regarding the receipt of Services to the OTT Service in writing.
Refuse further use of the Services and terminate this Agreement in accordance with the procedure prescribed herein.
Temporarily suspend the receipt of Services via the Personal Cabinet in accordance with the terms of this Agreement and the selected Tariff Plan.
Ensure that the technical characteristics of the media content comply with established standards at the OTT Service's designated point of responsibility in accordance with the terms of this Agreement.
Restore the provision of Services in the event of a malfunction of the OTT Service's equipment within one (1) day from the moment the Subscriber reports the malfunction. If the issue requires more time to resolve, the restoration period shall not exceed five (5) days.
Notify Subscribers of any changes to the terms of this Agreement, including modifications or cancellations of existing Tariff Plans or the introduction of new Tariff Plans, by posting a relevant notice on the Website or through other means no later than seven (7) days before such changes take effect.
Upon the Subscriber's written request, provide information regarding the OTT Service's operating hours, terms and conditions of basic and Additional Services provided by the OTT Service, as well as information on where to access the terms of Additional Services provided by partners, Tariff Plans, payment procedures, and other relevant details.
Receive and process requests, applications, complaints, and suggestions from Subscribers and respond to them within the time limits established by applicable law.
Amend this Agreement by publishing the changes on the Website or through other means no later than seven (7) days before such changes take effect.
Independently establish the terms of Tariff Plans, fees for Additional Services, and modify or cancel Tariff Plans or fees for Additional Services in accordance with the terms of this Agreement.
Temporarily suspend or restrict the provision of Services, in whole or in part, in cases specified in this Agreement.
If the OTT Service does not terminate or restrict the provision of Services, the Subscriber shall not be relieved of their obligation to pay for the Services received. The OTT Service may terminate or restrict the provision of Services without prior notice to the Subscriber, unless otherwise stipulated by this Agreement and/or the applicable legislation of Ukraine.
Change network identifiers and the Subscriber's access credentials to the Personal Cabinet for technical reasons, including security enhancements, by providing prior notice to the Subscriber.
Independently determine the terms of promotional campaigns conducted by the OTT Service, as well as impose restrictions on the number of Service connections allowed at a single Service delivery address.
Additional Services may be provided to Subscribers by the OTT Service and/or its partners.
The ordering of any Additional Service shall be deemed the Subscriber’s express consent to receive such Additional Service.
If the Subscriber accidentally orders an Additional Service that involves periodic payments, the Subscriber must cancel such service before the end of the billing period specified for the Additional Service and/or submit a written request to the OTT Service to discontinue its use.
The OTT Service shall not be liable for the quality of Additional Services provided by its partners. If the Subscriber has any claims regarding Additional Services provided by partners, the Subscriber shall contact the respective partner directly.
For this purpose, the OTT Service shall provide the Subscriber with access to information regarding the partner’s name, location, and contact details.
Additional Services shall be paid for by the Subscriber in the manner prescribed by this Agreement, unless otherwise specified in the terms of the respective Additional Service.
Information regarding the OTT Service’s Additional Services is available on the Website. Information regarding Additional Services provided by partners is available on their respective websites.
The OTT Service shall have the right to temporarily restrict or suspend the provision of Services to the Subscriber for a period of up to one (1) year in any of the following cases:
If, at the beginning of the billing period specified in the applicable Tariff Plan, the balance of the Subscriber's Personal Account is insufficient to cover the cost of the Services for that billing period.
Upon the Subscriber’s replenishment of their Personal Account, the OTT Service shall restore the provision of Services in full within a period not exceeding two (2) business days from the date the funds are credited to the Subscriber’s Personal Account.
If unauthorized interference by the Subscriber with the operation and/or use of the OTT Service’s software and/or telecommunications equipment is detected.
The OTT Service shall restore the provision of Services in full within a period not exceeding two (2) business days from the date of termination of such unauthorized interference and the receipt of a written guarantee from the Subscriber that such actions will not be repeated. If the Subscriber fails to provide such a written guarantee, the provision of Services shall not be resumed.
If repair work, preventive maintenance, scheduled maintenance, or other technical work is being performed that makes it temporarily impossible to provide the Services.
In the event of a natural disaster, emergency situation, or the introduction of a state of emergency or martial law in accordance with the applicable legislation of Ukraine.
Temporary suspension of the Services under subparagraphs 6.1.1 and 6.1.2of this Agreement shall be charged to the Subscriber in accordance with the Tariff Plan applicable at the time of such suspension.
In the event of a temporary suspension of Services under subparagraph 6.1.3of this Agreement, the subscription fee shall not be charged starting from the sixth (6th) day of such maintenance work.
In the event of a temporary suspension of Services under subparagraph 6.1.4of this Agreement, the subscription fee shall not be charged from the first (1st) day of such circumstances.
Restricting access to the Services for other Subscribers or otherwise preventing them from using the Services.
Engaging in unauthorized interference with any programs, databases, or other software components of the OTT Service, or with the programs or online resources of third parties.
Performing any actions that disrupt or impair the operation of the OTT Service’s equipment, software, or online resources, or those of any third party. This includes any actions, whether attempted or completed, that may result in administrative and/or criminal liability under the legislation of Ukraine.
If the OTT Service becomes aware of such actions performed by the Subscriber, the OTT Service shall have the right to request the Subscriber to cease such actions and/or to report the relevant information to the competent authorities authorized to investigate and impose penalties for such violations.
Using the Services and/or Additional Services for resale, including broadcasting or retransmitting media content to third parties who do not reside with the Subscriber at the registered Service address.
If the Subscriber is found to be using the Services and/or Additional Services for resale, including unauthorized broadcasting or retransmission of media content, the OTT Service shall document the violation in an official report using a form approved by the OTT Service. One copy of the report shall be provided to the Subscriber for review and signature. If the Subscriber refuses to sign the report, a corresponding note shall be made in the document.
Using the Services to engage in actions that infringe upon the business reputation, honor, or dignity of individuals, or the business reputation of organizations, or that violate the legal rights of third parties, provided that such actions result in complaints.
If the OTT Service receives a complaint from third parties regarding the Subscriber’s actions, the OTT Service shall have the right to request the Subscriber to cease such actions. If the Subscriber refuses to comply, the OTT Service may report the relevant information to the competent authorities authorized to investigate and impose penalties.
Violating the terms of use established by the owners of any Internet resources accessed through the Services. If the Subscriber disagrees with the terms of any such Internet resource, they must immediately discontinue its use.
While using the Services, the OTT Service shall allow no more than three (3) Subscriber end devices to simultaneously access the Services under a single identifier (login).
Tariffs shall be set independently by the OTT Service for all types of Services, except for those provided by partners and those subject to state regulation in accordance with the applicable legislation of Ukraine.
The OTT Service shall have the right to establish Tariff Plans that may include different payment terms, pricing structures, eligibility criteria for Subscribers, geographic availability, and varying conditions for receiving the Services.
Tariff Plans may be either fixed-term or unlimited. A fixed-term Tariff Planis one in which the OTT Service explicitly specifies its validity period. All other Tariff Plans shall be considered unlimited.
Tariff Plans and tariffs for any Additional Services may be modified or cancelled by the OTT Service, provided that Subscribers are notified in accordance with the terms of this Agreement.
Subscribers may pay for the Services using payment terminals, online payment systems, Personal Account top-up cards, or other payment methods offered by the OTT Service.
The OTT Service shall have the right to independently determine the billing units for its Services and the procedure for calculating partial billing units. The specific billing unit shall be specified in each Tariff Plan.
Tariff Plans may allow for either a paid or free change from one Tariff Plan to another. In the case of a paid Tariff Plan change, the cost of such change shall be specified in the terms of the Tariff Plan to which the Subscriber is transitioning.
The Parties shall be liable for improper performance or non-performance of the terms of this Agreement and/or the Rules in accordance with this Agreement, the Rules, and the applicable legislation of Ukraine.
The Subscriber shall be solely responsible for the accuracy and timeliness of payments made by them. Any amounts mistakenly credited by the Subscriber to accounts that do not belong to the OTT Service shall not be refunded or credited to the Subscriber’s Personal Account.
Under no circumstances shall either Party be liable for indirect damages or lost profits incurred by the other Party.
If the Subscriber fails to return, loses, or damages telecommunications equipment received from the OTT Service for temporary safekeeping during the provision of Services, they shall reimburse the OTT Service for the full cost of the lost, damaged, or overdue equipment. Such reimbursement shall be made within five (5) days from the date of termination of this Agreement.
The Subscriber’s line and terminal equipment must comply with the required technical standards to ensure access to the Services. The Subscriber shall be solely responsible for maintaining their subscriber line in proper working condition.
The OTT Service shall not be liable for poor-quality Services or interruptions in their provision in the following cases:
Non-compliance of the Subscriber’s terminal equipment with the required technical standards.
Unauthorized interference by the Subscriber and/or third parties in the operation of telecommunications networks or damage to the subscriber line.
All information provided and received by the Parties during the conclusion and execution of this Agreement—including login credentials, passwords, the Subscriber’s personal data, Tariff Plan details, the number of Services provided, Personal Cabinet visit statistics, downloaded data, and other related information—shall be deemed confidential.
Access to such information by third parties shall only be permitted in accordance with the applicable legislation of Ukraine.
During the term of this Agreement, as well as after its termination, the Parties shall not disclose, transfer, or otherwise make available any confidential information obtained as a result of the performance of this Agreement to third parties.
The Party responsible for the unauthorized disclosure of confidential information shall be liable in accordance with the applicable legislation of Ukraine and shall also be obligated to compensate for any losses incurred as a result of such disclosure.
This Agreement is concluded for an indefinite period and may be terminated unilaterally by either Party in accordance with its terms.
If the Subscriber wishes to terminate the Agreement, they shall notify the OTT Service in writing no later than five (5) days before the desired termination date.
The notice shall specify the requested termination date and may optionally include the reason for termination. If the notice specifies a termination date that is less than five (5) days from the date of submission, the OTT Service shall have the right to withhold the payment for the Services from the balance of the Subscriber’s Personal Account for a period of five (5) days from the date of the notice.
If the OTT Service initiates termination of the Agreement, it shall notify the Subscriber via the Website or by calling the Subscriber’s contact phone number no later than five (5) days before the termination date, except in the following cases:
If it is established that the Subscriber has used the Services and/or Additional Services for resale, including broadcasting or retransmitting media content to third parties who do not reside with the Subscriber at the registered Service address.
If it is determined that the Services cannot be provided due to a lack of technical capability at the location specified by the Subscriber.
Failure to pay for the Services within the period specified in the OTT Service’s notice of the payment deadline, which is sent to the Subscriber’s terminal equipment (including the phone number specified in the Subscriber’s contact details).
If the Agreement is terminated on the grounds specified in subparagraphs 10.3.1 and/or 10.3.2, it shall be deemed terminated from the moment the termination notice is published on the Website or from the time the OTT Service contacts the Subscriber by phone to notify them of the termination.
If the Agreement is terminated due to non-payment under subparagraph 10.3.3, and no payment confirmation is received within ten (10) days after the deadline specified in the notice, the Agreement shall be deemed terminated on the day following the expiration of this ten-day period.
If the Subscriber has any complaints or suggestions, they may contact the OTT Service either orally by phone or by submitting a written request in accordance with the applicable legislation of Ukraine.
Any disputes between the Parties shall be resolved through negotiations. If the Parties fail to reach a resolution, the dispute shall be referred to the court in accordance with the procedure established by the applicable legislation of Ukraine.
When connecting or restoring the provision of Services, OTT Service staff may assist the Subscriber in configuring their terminal equipment to access the Services.
If the OTT Service changes its name, legal form, or registered address, it shall notify the Subscriber via the Website no later than twenty (20) days after such changes take effect.
If the Subscriber’s personal data changes, the Subscriber shall notify the OTT Service within twenty (20) days from the date of such changes, either by phone or in writing.
The Parties shall comply with the requirements of the applicable legislation of Ukraine regarding the protection of personal data, including its collection, processing, and storage, unless otherwise agreed in writing by the Parties.
The Parties acknowledge that in the course of fulfilling their obligations under this Agreement, they may exchange documents or other data containing personal information of individuals (signatories, responsible/contact persons, etc.).
By entering into this Agreement, the Subscriber expressly consents to the collection and processing of their personal data (surname, first name, patronymic, date of birth, place of residence, phone number, IP address) for the purpose of ensuring the provision of quality services.
The Subscriber further confirms that they have been notified of the inclusion of their personal data in the personal data database and that they are aware of their rights under Article 8 of the Law of Ukraine "On Personal Data Protection."
Any personal data transferred or that may be transferred under this Agreement shall constitute confidential information and shall not be disclosed or shared in any form, except as required by the applicable legislation of Ukraine.
The Parties shall immediately notify each other in writing of any instance of unauthorized disclosure or transfer of personal data under this Agreement.
Company Name:
LIMITED LIABILITY COMPANY "Platform TV"
Registered Address:
01103, Ukraine, Kyiv, Druzhby Narodiv Blvd., 14-16
Phone:
+38 (044) 592-87-69