Subscriber End User License Agreement

Family and Friends App Subscriber End-User License Agreement

Family and Friends Mobile App: Subscriber End-Use License Agreement
Updated: August 3, 2020

FormSoft Group Ltd. ("Family and Friends") welcome you to the Family and Friends App Service.

PLEASE READ THIS SUBSCRIBER END-USER LICENSE AGREEMENT ("SUBSCRIBER AGREEMENT", OR "AGREEMENT") CAREFULLY BEFORE USING THE FAMILY AND FRIENDS APP SERVICE.

THIS AGREEMENT WILL GOVERN YOUR USE OF THE FAMILY AND FRIENDS APP SERVICES. WHEN YOU CREATE A FAMILY AND FRIENDS ACCOUNT.

You agree to the Subscriber Agreement by clicking "Agree & Continue" or other industry standard mechanism during the Family and Friends App registration process and ratify your agreement when you use any aspect of the Family and Friends App Service. If you do not agree to the Subscriber Agreement, you may not use the Family and Friends Service. We may amend this Agreement. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Family and Friends App and Web Site. If you do not agree to any change to the Subscriber Agreement, you must discontinue using the Family and Friends Service. Our customer service representatives are not authorized to modify any provision of the Subscriber Agreement, either verbally or in writing.

ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

List of Sections

1.     User Eligibility and Registration

2.    Subscription Terms

3.     Copyright License Grant and Restrictions

4.     Usage Terms

5.     Use and Sharing of Certain Information

6.     Suspension and Termination

7.     Binding Arbitration and Class Action Waiver

8.     Additional Provisions

1.     USER ELIGIBILITY AND REGISTRATION

a.    Eligibility and Age Limitations. Only residents of the countries where we offer the Family and Friends App Service (collectively, the "Territory") are eligible to register for a Family and Friends account. This Subscriber Agreement governs for residents of the United States and all U.S. territories. You must be 16 years of age, or the age of majority in your state or territory of residence, to purchase the Family and Friend App Services. The Family and Friends App Service are provided to individuals for their personal, noncommercial use only. Companies, associations and other groups may not register for a Family and Friends App account or use the Family and Friends Service. Individuals under the age of 13 are not eligible for a Family and Friends App account and are not permitted to provide personal information to the Family and Friends App. 

b.     Registration. Only individuals that have registered for a Family and Friends account, provide certain information (e.g., a valid email address), and agree to the Subscriber Agreement are eligible to use the Family and Friends App Service. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Family and Friends App accounts. However, if you allow others to access your Family and Friends App account, this Agreement, as well any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify FormSoft Group Ltd. of any unauthorized access to your Family and Friends account. FormSoft Group Ltd. will not be responsible for any losses arising from the unauthorized use of your Family and Friends App accounts.

c.     Notices. Any notices FormSoft Group Ltd. delivers to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Family and Friends App Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

2.     SUBSCRIPTION TERMS

a.     Subscription and Auto-Renewal. Your subscription to the Family and Friends App Service includes enrollment into an ongoing/recurring payment plan. Your subscription(s) will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Family and Friends App Service. Please check with your Internet provider for information on possible Internet data usage charges.

b.     Free Trials. Your Family and Friends App Service subscription(s) may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial to those who have not previously used one for the Family and Friends Service. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.

c.    Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period or free trial. Cancellation will take effect at the end of the current billing period or free trial. You can manage and cancel your subscription at any time by going to your account settings on the App Store after purchase. Access to the Family and Friends app subscription will continue through the month or year of your current subscription.

3.     COPYRIGHT LICENSE GRANT AND RESTRICTIONS

a.     License. Within the Territory and subject to the terms and conditions in this Subscriber Agreement, the Family and Friends App grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:

Install and make non-commercial, personal use of the Family and Friends App Services.

This is a license agreement and not an agreement for sale or assignment of any rights in the Family and Friends App Service.

b.    Restrictions on Your Use of the Family and Friends App Content. You agree that as a condition of your license, you may not and agree not to:

i.    circumvent or disable any content protection system or digital rights management technology used in connection with the Family and Friends App Service.

ii.    copy Family and Friends content (except as expressly permitted by this Subscriber Agreement);

iii.    create derivative works of the Family and Friends App or Content; or

iv.     allow third parties to violate the above restrictions.

c.     Restrictions on Your Use of the Family and Friends App Service. You agree that as a condition of your license, you may not and agree not to:

i.     move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Family and Friends App Service and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s);

ii.    modify the Family and Friends App Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the Family and Friends App Service. 

iii.    access or use the Family and Friends App Service in a manner that suggests an association with our products, services or brands;

iv.    use the Family and Friends App Service for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Family and Friends App Service, whether or not for profit;

v.    create derivative works of any FormSoft Group owned components of the Family and Friends App Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;

vi.    bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Family and Friends App Service;

vii.    access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Family and Friends Service using a robot, spider, scraper or other automated means or manual process without our express written permission;

viii.    damage, disable, overburden or impair the Family and Friends App Service;

ix.    use the Family and Friends Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Subscriber Agreement;

x.    share your login credentials with third parties; or

xi.    otherwise allow third parties to violate the above restrictions.

d.     Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of Family and Friends and the copyright holder.

4.     USAGE TERMS

a.     Family and Friends Compatible Devices. Use of the Family and Friends App Service requires compatible devices, and certain software may require periodic updates, and your use of the Family and Friends App Service may be affected by the performance of these elements. You can access Family and Friends App Content with certain mobile or other devices (Internet connection required) (each, a "Compatible Device"). For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please visit our Help site. You can add a Compatible Device to your Family and Friends accounts by downloading the Family and Friends application(s) to the Compatible Device and by signing into your Family and Friends account(s) through the application.

b.     Internet Connection. You must have a high speed Internet connection in order to access and use certain aspects of the Family and Friends App Service.

c.  Future Unavailability. It is possible that the Family and Friends Service, may not be available at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. FormSoft Group Ltd. will take reasonable efforts to provide you with as much prior notice as possible; however, FormSoft Group Ltd. shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access Family and Friends App Service. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Family and Friends App Service, although if you are a subscriber and we suspend or discontinue your subscription to the Family and Friends App Services, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Family and Friends App Service due to your violation of the Subscriber Agreement, then you will not be eligible for any such credit, refund, discount or other consideration

d. Promotional and Experimental Features. In our continued assessment of the Family and Friends App Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Family and Friends App Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of Family and Friends App shall be governed by this Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement version.

5.     USE AND SHARING OF CERTAIN INFORMATION

For more information about our collection, use, and sharing of your information please refer to our PRIVACY POLICY, which is incorporated herein by this reference.

FormSoft Group Ltd. reserve the right to, and you agree that Family and Friends App may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.

6.     SUSPENSION AND TERMINATION

You agree that FormSoft Group Ltd. may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Family and Friends App Service, and to any Family and Friends Content if FormSoft Group Ltd. believes you are using or have used the Family and Friends App Service in violation of the Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, FormSoft Group Ltd. may restrict or suspend your access to your Family and Friends App account(s) for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if FormSoft Group Ltd. reasonably believes that your Family and Friends App account has been created fraudulently, your Family and Friends App account has been accessed fraudulently, or anyone uses your Family and Friends App account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. FormSoft Group Ltd. also reserve the right, after notice to you, to terminate any Family and Friends App account that remains inactive for one year (failure to log in to your Family and Friends App account will constitute inactivity for purposes of this Agreement).

You agree that FormSoft Group Ltd. will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Family and Friends App account or content.

UPON TERMINATION OF YOUR FAMILY AND FRIENDS APP ACCOUNT, WHETHER TERMINATED BY FORMSOFT GROUP LTD OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE BILLING PERIOD), YOU WILL IMMEDIATELY LOSE THE RIGHT TO ACCESS CONTENT THROUGH THE FAMILY AND FRIENDS APP SERVICE.

7.     BINDING ARBITRATION AND CLASS ACTION WAIVER

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor FormSoft Group Ltd. will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

You and FormSoft Group Ltd. agree to arbitrate, as provided below, all disputes between you (including any related disputes involving FormSoft Group Ltd. or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. "Dispute" includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Family and Friends App Service, or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and FormSoft Group Ltd. empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Subscriber Agreement are void or voidable.

a.     In the event of a dispute, you or FormSoft Group Ltd. must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to FormSoft Group Ltd, 10801 Yankee Street Dayton, OH 45458 USA, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and FormSoft Group Ltd. will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

b.     If you,  FormSoft Group Ltd. do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services ("JAMS") in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Rules"). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if circumstances prevent you from traveling to Los Angeles or New York, JAMS may hold an in-person hearing in your hometown area. You and Disney+ agree to submit to the exclusive jurisdiction of the federal or state courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

In accordance with the JAMS Rules, the party initiating the arbitration (either you or FormSoft Group Ltd) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator's services, we will reimburse you for the filing fees you incurred.

Except as provided above with respect to jurisdiction in Los Angeles, California and Manhattan, New York, New York, nothing in this arbitration provision shall be construed as consent by Family and Friends App or their affiliates to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Family and Friends App Service, or this Agreement.

8.     ADDITIONAL PROVISIONS

a.     You understand and agree that the Family and Friends Content you receive through the Family and Friends App Service is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.

b.     Content Subjectivity. Family and Friends App Content tends to elicit varying reactions among different people. You may come across Family and Friends App Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Family and Friends App Content is appropriate for your family.

c.     Photosensitivities. Family and Friends App Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities. Additionally, 4K UHD HDR content versions enable greater brightness and color saturation which may also affect users.

d.     Mobile Networks. When you access the Family and Friends App Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Family and Friends App Service may be prohibited or restricted by your network provider and the Family and Friends App Service may not work with your network provider or device.

e.     Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Disney+ and/or ESPN+ does not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

f.     Contact Information.

You may contact FormSoft Group Ltd or Family and Friends App as follows: 
by email at: [email protected]

g.     DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE FAMILY AND FRIENDS CONTENT AS WELL AS THE FAMILY AND FRIENDS SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FORMSOFT GROUP LTD. AND THEIR AFFILIATES, LICENSORS, AGENTS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "FAMILY AND FRIENDS PARTIES") EACH EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE FAMILY AND FRIENDS PARTIES DO NOT WARRANT THAT THE CONTENT AND THE FAMILY AND FRIENDS APP SERVICE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE FAMILY AND FRIENDS PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE FAMILY AND FRIENDS CONTENT SERVICE WILL MEET YOUR REQUIREMENTS. YOU AND NOT THE FAMILY AND FRIENDS PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE FAMILY AND FRIENDS CONTENT AND THE FAMILY AND FRIENDS APP SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE FAMILY AND FRIENDS PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE FAMILY AND FRIENDS CONTENT, HOWEVER CAUSED. NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000). THE LIABILITY LIMITATIONS IN THIS SECTION APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) EVEN IF THE FAMILY AND FRIENDS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

h.     Choice of Forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the Columbus, Ohio United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

k.     Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of Ohio and the laws of the United States, without giving effect to any conflict of law principles.

l.     Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

m.    Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.

n.     Entire Agreement. This Subscriber Agreement and the provisions referenced herein, constitute the entire agreement between you and FormSoft Group Ltd. pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.