Nuvyyo Inc. (“Nuvyyo”/ “we”/ “us”/“our”) operates the websites located at www.tablotv.com and my.tablotv.com (the “Websites”) and provides Tablo, the first broadcast TV system designed to combine the functionality of a DVR and the convenience and mobility of a tablet app. Tablo enables users who have purchased the Tablo device or software to sign up for program guide data and watch free broadcast TV on any device (the “Services”). The Tablo devices are sold separately by us or through authorized resellers and is sold subject to its own legal terms. These subscription terms (“Terms”) apply to anyone signing up for a trial of the Services or a full subscription to the Services.
THIS AGREEMENT CONTAINS IMPORTANT LIMITATIONS THAT ARE APPLICABLE TO THE SERVICES. BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS HEREOF. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES.
1. The Services. If you have purchased a Tablo device or software, you will be entitled to a 30-day free trial of the complete functionality of our broadcast TV system (including access to a program guide). To continue to use the Services beyond 30 days you must agree to these terms and create an account and then plug in the Tablo device or access the software, enter location information (eg. your zip code or postal code). The guide data will be updated on a regular basis. Please note that all content, the guide data, text, files, images, graphics, interactive features, video, software or any other materials made available through the Website or Services (“Content“) are the property of Nuvyyo and/or its licensors. Except as set forth below or as specifically authorized in other sections of the Service, Nuvyyo strictly prohibits redistributing or copying of any part of the Service or Content on the Services. For greater certainty, you may not use the Content to create a database, compilation or use the Content for any commercial purposes whatsoever. If we stop providing a particular guide you must cease use of that guide and adopt use of the current guide we provide to you.
2. License Terms. Any software that is made available to you to download or use in order to access and receive the Services belongs to Nuvyyo and/or its licensors. Nuvyyo authorizes you to use the Services during your subscription term (whether a trial or a paid subscription) to view and access the Content on any device associated with your Tablo device or software for personal use only and not for resell or broadcasting/transmission or further distribution to any third parties. For greater certainty, any software provided is licensed; not sold.
3. Support; Developments. Nuvyyo will provide technical support during support hours as detailed on the Websites during the term of your subscription if you call or email the support desk. The Services are continually being developed, modified and/or enhanced. You will be provided access to any new features we generally make available to the Services during the term of your subscription. However, you acknowledge and agree that the Services are provided ‘as is’ and you are not subscribing to use the Services based on any expectation of future features or functionality.
4. Minors. Please note that the Services are not intended for subscription by minors. All users must be 18 years or older and have the ability to contract with and provide credit card information. Any access you grant to minors to use the Services is your sole responsibility. We will not be responsible for any Content accessed by minors whether age appropriate or not and recommend that you supervise and choose carefully how and the extent to which children use the Services under your account.
5. Trial Subscriptions. All subscriptions, including trial subscriptions are subject to these Terms. Unless you elect to start a full subscription during your trial, close to the end of your trial subscription you will be prompted to subscribe as a full, paid subscriber of the Services. If you do not elect to create a paid subscription at the end of your trial, your access to the Services will be to restricted functionality including 24 hours of basic guide data; no out-of-home streaming (Tablo Connect); no genre category views and no ability to record only new episodes or to record by series.
6. Paid Subscriptions. At any time during the trial subscription you can “activate” your subscription into a full paid subscription by going to the Website at http://account.tablotv.com, entering in your Tablo device serial number, address and credit card information and pay for either a monthly or annual subscription. The subscription website will update the subscription status in the Tablo server and mark your Tablo device as having a valid subscription to continue to receive guide data. All fees are non-cancellable and non-refundable during the term of your subscription.
7. Subscription Term. Your trial subscription will begin as soon as your Tablo device or software connects to the Tablo Server during initial setup. This Agreement will remain in full force and effect for the duration of the term of your subscription unless terminated sooner under Section 8. If you do not enter into a paid subscription, you will lose access to the Services.
8. Subscription Termination. You may terminate your subscription at any time through your account at account.tablotv.com. Nuvyyo will not issue refunds for unused portions of monthly or yearly subscriptions should you choose to terminate your subscription prior to its expiry date. Nuvyyo may also terminate your subscription and access to the Services immediately in the event you violate the terms of this Agreement (for example, reselling or granting access to the guide data or sharing your subscription account or selling it). Nuvyyo may also suspend or terminate your account, access to the Services and subscription if you fail to pay any fees as and when they fall due
PROPRIETARY RIGHTS AND DATA.
10. Retained Rights. Our Services are protected by applicable intellectual property laws, including Canadian and US copyright law and international treaties. Except as expressly permitted by applicable law, you will not and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; or (ii) rent, lease or sublicense access to the Services.
11. Compiled Data. Nuvyyo compiles and analyzes usage and performance of the Services (“Compiled Data”) and uses Compiled Data to build features and improve the functionality and feature set of the Services. Nuvyyo shall have exclusive ownership of any Compiled Data and the exclusive right to use the same for any purpose, provided that Nuvyyo shall not distribute any Compiled Data in a manner which identifies users.
12. Suggestions. Nuvyyo shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual, unrestricted license to use and/or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you or your users relating to the operation of the Services.
LIABILITY AND RISK TERMS.
13. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NUVYYO OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NUVYYO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUVYYO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES. NUVYYO’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING AS A RESULT OF OR RELATED TO THIS AGREEMENT, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU TO US PURSUANT TO THIS AGREEMENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
15. Compliance with Laws. Your use of the Services is subject to all applicable local, state, provincial, national and international laws and regulations and you agree not to violate such laws and regulations. In particular, we give no assurances that Content contained on the Services is appropriate or may be downloaded, streamed or otherwise accessed outside the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country’s jurisdiction.
16. No Assignment. You may not assign or transfer any interest under this Agreement without the written consent of Nuvyyo.
17. Governing Law. These Terms are governed by the laws of Ontario, Canada and constitutes the entire agreement between the parties with respect to the subject matter herein.
18. Severability. If any part of this Agreement is held to be invalid or otherwise unenforceable, the provision shall no longer form part of this agreement.
19. No Waiver. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege.
20. Changes to these Terms. Nuvyyo reserves the right to update or modify these Terms from time to time.
(LAST UPDATED: June 16, 2017)