Terms of Service

1. Scope and parties

These Terms of Service govern the use of the KinoPlayer application for Android TV, Fire TV and macOS, and of the web portal at kinoplayer.app (together, the "Service"). The Service is operated by [Company name] UG (haftungsbeschränkt), [Street and number], [Postcode] [City], Germany (the "Operator", "we", "us").

These Terms apply in the version current at the time a contract is concluded. Deviating terms of the user do not apply unless we have agreed to them in writing.

2. What KinoPlayer is, and what it is not

KinoPlayer is a media player. It is a piece of software that decodes and displays audiovisual streams which the user supplies.

We supply no content whatsoever. The application ships completely empty: no channels, no playlists, no catalogue, no recommendations, no search index of media, no bundled sources of any kind. It has never shipped with content and it will not.

All sources are entered by the user: an M3U playlist URL, or Xtream Codes server credentials the user already holds. The user's device connects directly to the user's own provider. We do not fetch, proxy, cache, transcode, relay, index or inspect any video or audio stream. No media data passes through our infrastructure at any time.

We are not a party to any relationship between the user and the user's content provider. We do not verify the legality, quality, availability or continuity of any source, and we give no assurance that any source will work.

3. User warranties and responsibility for sources

By adding a source to KinoPlayer the user represents and warrants that:

• the user holds all rights, licences and permissions necessary to access and play back the content available through that source in the user's jurisdiction;
• the credentials entered belong to the user, or the user is authorised by the account holder to use them;
• the use of that source does not infringe copyright, ancillary copyright, trade marks or any other third-party right, and does not breach any applicable law.

The user is solely responsible for the sources they add and for everything played back through them. We have no ability to inspect them and assume no such duty. Nothing in the Service should be understood as an assessment, endorsement or approval of any source.

4. Prohibited use

The following are prohibited:

• using the Service to access content the user is not entitled to access, including pirated or otherwise unlicensed streams;
• entering credentials belonging to another person without that person's authorisation;
• publicly performing or redistributing content played through the Service without the rights holder's permission;
• circumventing, disabling or interfering with activation, licensing or security mechanisms;
• reverse engineering, decompiling or disassembling the software, except to the extent such acts cannot be excluded under §§ 69d, 69e UrhG;
• automated mass registration of devices, resale or sharing of activations, or any other attempt to obtain licences beyond those purchased;
• attacking the availability or integrity of our systems, including denial-of-service attempts, credential stuffing and vulnerability scanning without prior written consent.

We may suspend or terminate an activation without refund where a material breach of this section is established. Where the breach can be cured, we will normally set a reasonable deadline first.

5. Activation, licence and pricing

A paid activation unlocks the software. Two options are offered:

• one year: € 4.99 (including statutory VAT where applicable);
• lifetime: € 11.00 (including statutory VAT where applicable), meaning for the lifetime of the product as offered by the Operator, without a fixed end date and without any guarantee of unlimited future duration.

An activation is a licence to use the software. It is never a purchase of content, of access to content, of channels, of playlists or of any subscription with a media provider. No part of the price is consideration for media. Whether the user has content to play, and on what terms, is a matter solely between the user and the user's own provider.

The licence is non-exclusive, non-transferable and bound to one device. It is tied to the device identifier generated at first start. Moving a licence to a replacement device after loss, defect or disposal is possible on request at [support@kinoplayer.app]; we may limit the number of such transfers to prevent abuse.

A one-year activation does not renew automatically. It ends on the expiry date shown in the application, after which the software reverts to its unactivated state. No data is deleted by expiry alone.

The contract is concluded when we confirm the activation or the activation becomes usable in the application, whichever is earlier. The contract language is [German / English]. We do not store the contract text separately beyond the invoice and activation record.

6. Right of withdrawal for consumers

Consumers within the meaning of § 13 BGB have a statutory right to withdraw from a distance contract within fourteen days without giving reasons. Full withdrawal instructions and the model withdrawal form are set out at [/widerruf.html].

Early lapse of the withdrawal right for digital content. Under § 356 (5) BGB the right of withdrawal for a contract over digital content not supplied on a physical medium lapses if:

1. the consumer has expressly consented to us beginning performance of the contract before the withdrawal period has expired,
2. the consumer has confirmed knowledge that this consent causes the right of withdrawal to be lost upon commencement of performance, and
3. we have provided the confirmation required under § 312f (3) BGB.

We obtain this express consent and confirmation during checkout. Because an activation is delivered immediately, the withdrawal right in practice lapses at the moment the activation is unlocked, provided the above conditions are met. Where they are not met, the withdrawal right remains fully intact.

Beyond the statutory position we may grant a goodwill refund where the software demonstrably fails to start or to play any stream on a supported device and the fault lies with our software. Requests go to [support@kinoplayer.app].

7. Notice and action for rights holders (Art. 16 DSA)

We do not host, store or transmit media content. If you nevertheless believe that content reached a user through the Service in a way that infringes your rights, or that a user is using the Service unlawfully, you may submit a notice under Article 16 of Regulation (EU) 2022/2065 (Digital Services Act) to:

To allow us to act, please include:

• a sufficiently substantiated explanation of why you consider the material or the use unlawful;
• a clear indication of the exact electronic location of the material, such as the source URL, host, or the device or activation identifier concerned;
• your name and e-mail address, unless the notice concerns an offence referred to in Articles 3 to 7 of Directive 2011/93/EU;
• a statement confirming your good-faith belief that the information in the notice is accurate and complete.

We confirm receipt without undue delay, process notices in a timely, diligent, non-arbitrary and objective manner, and act expeditiously where a notice is substantiated. Available measures include disabling the source stored for a specific device, suspending or terminating the activation of a repeat infringer, and forwarding the matter to the competent authorities. We inform the notifying party and, where appropriate, the affected user of our decision and give reasons. Manifestly unfounded or abusive notices submitted repeatedly may be suspended after prior warning.

8. Availability and changes to the Service

We aim for high availability but do not owe uninterrupted operation. Maintenance windows, third-party outages and force majeure may cause interruptions. We may change or discontinue functions of the Service where this is reasonable for the user, in particular for technical, legal or security reasons. Where a change materially impairs a paid function, we will inform the user in good time and, where appropriate, offer a pro-rata refund.

Platform requirements, store policies and operating-system changes outside our control may affect availability on individual devices.

9. Limitation of liability

We are liable without limitation for damage arising from injury to life, body or health, for intent and gross negligence, under the Produkthaftungsgesetz, and to the extent we have given a guarantee.

In the case of slight negligence we are liable only for breach of a material contractual obligation, that is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the user may regularly rely. In that case liability is limited to the damage that was foreseeable and typical for this type of contract at the time the contract was concluded.

Any further liability is excluded. This applies in particular to loss of data, loss of profit and consequential harm arising from sources the user has added, from the conduct or unavailability of the user's own provider, or from content the user chooses to access. The above limitations also apply in favour of our legal representatives, employees and agents.

Statutory rights of consumers in respect of defects in digital products under §§ 327 et seq. BGB remain unaffected.

10. Term and termination

A one-year activation ends automatically on expiry. Either party may terminate the underlying usage relationship for cause at any time. The user may stop using the Service at any time and may request deletion of stored device data and sources as described in the privacy policy.

On termination for a material breach attributable to the user, no refund of the activation fee is owed.

11. Changes to these Terms

We may amend these Terms for a valid reason, in particular changes in the law, case law, or the functions of the Service. Users with an active licence will be notified at least [30] days before the amended Terms take effect. If the user objects within that period, we may terminate the licence with a pro-rata refund of any unused portion of a one-year activation.

12. Governing law, venue and dispute resolution

These Terms and the contractual relationship are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers habitually resident in the EU, this choice of law does not deprive them of the protection of mandatory provisions of the law of their country of residence.

If the user is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is the registered seat of the Operator in [City], Germany. The same applies where the user has no general place of jurisdiction in Germany or moves their domicile abroad after the contract is concluded.

The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

13. Severability

If any provision of these Terms is or becomes invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the statutory rule.