Terms and Conditions

Kartina Digital GmbH (hereinafter "Kartina TV") operates an OTT TV platform on which TV and video streaming is offered via the kartina.tv website, the Kartina TV mobile application and/or the set-top box that can be purchased via the website means of a paid subscription (hereinafter also "Services"). These Terms of Use govern the use of our Services, including the distribution of hardware, specifically set-top boxes, through which users can access Kartina TV's Services.

To regulate the relationship between Kartina TV and the user of the Kartina TV services the following terms and conditions apply exclusively in the version valid at the time of use or at the time of purchase. Alternative terms and conditions are not recognized unless the provider expressly agrees to their validity.

These Terms and Conditions apply to consumers within the meaning of § 13 of the German Civil Code (BGB). A user is considered a "consumer" if the use or acquisition of a subscription or corresponding hardware cannot be primarily attributed to their commercial or self-employed business activity.

I. Registration, Contract Conclusion

(1) To register and use Kartina TV's Services, you must be at least 18 years old.

(2) Registration for Kartina TV is done by providing an email address or phone number. You will receive a password via the chosen contact method, which you can use to register in your customer account upon initial login. Registration and creation of a customer account alone do not constitute the acquisition of a paid subscription.

(3) By registering, the user assures that all entered personal data is complete and truthful. Each user may only register once; multiple registrations are not permitted. A culpable violation will lead to immediate exclusion from the subscription. The submission of forged documents and/or the provision of false personal data or invalid or unlawfully obtained billing data are not permitted and will lead to immediate suspension by Kartina TV and potentially criminal prosecution.

(4) We offer subscriptions with different durations and corresponding monthly or annual usage fees adjusted to the duration of the subscription. The available options to access our Services are to be found on our website.

(5) Kartina TV will confirm the conclusion of the contract electronically to the user after the paid order of the selected subscription and payment method.

(6) Kartina TV's Services can be accessed via any internet connection and with any device (PC, smartphone, Smart TV, etc.) on which the Kartina TV app is installed, as well as through a corresponding set-top box.

II. Scope of Use, User Obligations

(1) The subscription you have booked entitles you exclusively to private use of our services and hardware. The transfer of rights and obligations from the contract with Kartina TV to a third party (contract assignment) is excluded.

(2) You are specifically not authorized to publicly display or make accessible any content from Kartina TV's program offerings, goods, or additional services. In the event of a public display and/or public accessibility and/or commercial exploitation of the offerings, you not only violate contractual obligations to Kartina TV but may also infringe upon third-party rights to the content, potentially leading to claims being asserted by us or third parties. If you use our program offerings contrary to the aforementioned provisions for public display of offers, Kartina TV is entitled to demand a contractual penalty from you and to enforce it through legal means. Kartina TV reserves the right to assert claims for damages beyond the contractual penalty. Additionally, Kartina TV reserves the right to initiate further civil and/or criminal legal actions against you.

(3) Your use of our service is generally permitted only in the country where you concluded the subscription contract and only in geographical regions where we offer your subscription and have licensed the respective content. If you use the service outside of the purchase region, Kartina TV reserves the right to provide a different channel lineup or number of channels from the original contract. The channel offer may vary depending on your location. There is no guarantee of a specific channel lineup. You have no right to a particular composition or number of offered channels. The variety of channels depends especially on local legislation.

(4) By accepting these Terms of Use, you agree to refrain from the following actions unless expressly permitted by us:

a) Archiving, reproducing, distributing, modifying, displaying, publishing, licensing, creating derivative works, offering for sale, or using content and information available through Kartina TV or that you received from or through Kartina TV;

b) Circumventing, removing, modifying, disabling, degrading, blocking, obscuring, or preventing any copy protection measures or other elements of Kartina TV services, including the graphical user interface, any advertising or promotional features, copyright notices, and trademarks;

c) Using robots, spiders, web scraping, or other automated processes to access Kartina TV services;

d) Decompiling, reverse engineering, or disassembling software or other products or processes accessible through Kartina TV;

e) Inserting codes or other products or manipulating Kartina TV services in any other way;

f) Using data mining, data collection, or other extraction methods;

g) Uploading, posting, emailing, or otherwise transmitting content aimed at disrupting, disabling, or restricting the function of computer software/hardware or telecommunications devices in connection with Kartina TV services. This also includes any software viruses or other codes, files, and programs.

In the event of a violation of these Terms of Use or illegal or fraudulent use of the service, we reserve the right to terminate or restrict your use of our service.

III. Paid Services and Hardware, Payment Terms, Price Adjustments

(1) Kartina TV services and Kartina TV hardware are subject to fees. The stated usage fees are final prices including statutory VAT and consist of connection fees and information fees.

(2) To use the Kartina TV service, you must provide one or more payment methods. Kartina TV reserves the right to exclude certain payment methods. You authorize us to charge any payment method associated with your account if your primary payment method is declined or is no longer available for paying your usage fee. If a payment cannot be processed successfully, your access to your customer account may be suspended until we have successfully charged a valid payment method. You are obliged to inform us of any changes to your bank details in a timely manner.

(3) You can update your chosen payment method at any time by logging into your personal account (https://account.kartina.tv/). Following each update, you authorize us to continue charging the valid payment method(s).

(4) You are responsible for ensuring sufficient funds in your account. Any costs for returned direct debits, legal fees, as well as a processing fee, will be at your expense.

(5) Payments for users in the EU are primarily made via SEPA direct debit. Granting your direct debit authorization is deemed given by accepting our Terms and Conditions.

(6) When paying by credit card, Kartina TV will verify the validity of your details before the first charge and at irregular intervals.

(7) The due date of the usage fee can be found at any time in your personal account (https://account.kartina.tv/). Your billing period depends on the subscription duration you chose. Your billing period may change if the due amount cannot be debited from your payment method, if you change your subscription, or if your subscription started on a date that does not exist in the relevant month of the next due date.

(8) Certain payment methods may incur third-party fees, such as foreign transaction fees or other fees for payment processing. For further information, please contact the respective payment service provider.

(9) Our subscription offer and the prices for the Kartina TV service may change from time to time to reflect the impact of changes in the overall costs associated with our service. Examples of cost elements that affect the price of subscription offers include production and licensing costs, signal costs from signal providers, costs for the technical provision and distribution of our services, customer service and other sales costs (e.g., billing and payment, marketing), general administrative and other overhead costs (e.g., rent, interest and other financing costs, personnel, service providers and services, IT systems, energy), as well as government-imposed fees, contributions, taxes, and levies. You will be informed at least 30 days before price and offer changes take effect via the contact details provided during registration. If you have not provided your email address or phone number or have provided incorrect information, you cannot claim that you were not informed about the price change. If the price increase exceeds 5% of the price applicable at the time of the increase, you are entitled to terminate the contract at any time within thirty (30) days from the date of receipt of our notice of the increase, effective as of the date the increase takes effect. If you do not terminate the contract or do not do so in a timely manner, the contractual relationship will continue at the amended price from the date specified in the notice.

IV. Default in Payment, Reservation of Ownership

1) If you fall behind on a payment for your subscription or for hardware, you will initially receive a payment reminder via email. We also reserve the right to suspend your access to our services until the outstanding amount is paid. If you have not provided your email address or have provided someone else's, you cannot claim that you have not been informed of late payment. If you do not make the payment within the deadline set in the payment reminder, you will receive a first reminder by mail with additional reminder fees. If payment is still not received after the first reminder, the case will be escalated to the next level of collection and referred to a debt collection agency (Inkasso). The subscriber's obligation to pay the fees remains unaffected. Your account will only be reactivated after full payment.

(2) Until full payment of the purchase price is made, hardware remains the property of Kartina TV (retention of title). Before the condition is met (full payment), any resale, rental, pledging, security transfer, processing, other disposal, or modification is not permitted without the explicit consent of Kartina TV.

(3) You are not entitled to offset your own claims against payment claims from Kartina TV, unless your claim has been confirmed by us in writing or legally established.

V. Right of Withdrawal for Consumers

Kartina TV grants users who are consumers as per § 13 of the German Civil Code (BGB) a right of withdrawal according to the following regulations.

Withdrawal Instruction

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without providing any reason.

The withdrawal period is fourteen days from the day on which you receive the goods.

To exercise your right of withdrawal, you must inform us (Kartina Digital GmbH, Rheingaustr. 53, 65201 Wiesbaden, reklamation@kartina.tv) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we are informed of your withdrawal from this contract. We will use the same payment method that you used for the original transaction unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement.

We may withhold the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods without undue delay and in any event no later than fourteen days from the day on which you received the order. The deadline is met if you send the goods before the period of fourteen days has expired. Please keep sufficient proof of timely dispatch ready.

You will bear the direct cost of returning the goods. You are responsible for any actions that lead to a decrease in the value of the goods, only if these actions are not related to the need to check the condition, properties and technical characteristics of the goods.

Model Withdrawal Form

If you wish to withdraw from the contract, please fill out this form and send it back

— To: reklamation@kartina.tv

OR

— To: Kartina Digital GmbH, Rheingaustr. 53, 65201 Wiesbaden, Germany

— I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

— Order number ()/subscription number ()

— Ordered on ()/received on ()

— Name of the consumer(s)

— Address of the consumer(s)

— Email address registered with Kartina TV

— Signature of the consumer(s) (only if sent by mail)

— Date

(*) Delete as applicable

Expiration of the Right of Withdrawal

The right of withdrawal expires for a one-month contract for the delivery of digital content not stored on a tangible medium if Kartina TV has begun the execution of the contract after you (i) have expressly consented to Kartina TV beginning the execution of the contract before the withdrawal period has expired and (ii) have acknowledged that you will lose your right of withdrawal with the start of the execution of the contract. You give your consent by accepting these Terms of Use.

VI. Changes, Interruption, or Termination of Services

(1) Kartina TV may at any time supplement or modify its services to improve the scope and quality of its services, adapt to technical developments, and/or comply with or implement national or international laws and regulations or orders. The offer of channels, including the content library, is updated regularly. Kartina TV is entitled to change the composition of the channel offering without your consent and without giving reasons.

(2) Kartina TV strives to ensure that the services are available to you 97% of the year, subject to paragraph 1.

(3) This availability does not include periods of unavailability due to (a) missing necessary technical prerequisites for accessing the services that the user must provide, (b) errors in the data transmission network, (c) issues within the responsibility of the data transmission company, or (d) unauthorized access or attacks by third parties on the technical systems of Kartina TV or its agents, provided that such access or attack was not intentionally or grossly negligently enabled by Kartina TV or its legal representatives or agents. Also excluded are periods of unavailability due to force majeure or other cases where the cause of unavailability is beyond the control of Kartina TV. Additionally, periods of restricted availability or unavailability due to routine maintenance or updates, as well as announced necessary maintenance, are not covered.

(4) You cannot claim any rights, especially no reduction rights, against Kartina TV unless it concerns unavailability over a significant period outside the exclusions mentioned in paragraph 3.

VII. Delivery of Kartina TV Hardware

(1) Delivery of the goods is carried out by shipping from our warehouse to your delivery address. The average delivery time is 14 days.

(2) For orders with a value of less than 60 euros, a shipping fee of 4.90 euros per order is charged for shipments within Germany. This shipping fee of 4.90 euros is waived if the order value exceeds the 60-euro threshold. For packaging and shipping (shipping costs) of deliveries outside Germany, the costs are calculated separately.

(3) All mentioned prices, including packaging and shipping, apply only within Germany and only at the time of the order. The version applicable at the time of the order is binding.

(4) If products and goods are delivered with obvious transport damage, the user is requested to immediately report this to the logistic company and contact Kartina TV by email (versand@kartina.tv).

VIII. Contract Duration, Termination

(1) Access to the Kartina TV service is provided until you cancel the subscription. The initial subscription term is either one month or one year. The subscription term is automatically renewed for the initially selected period unless you cancel it in accordance with Section VIII (2) or Kartina TV initiates a termination in accordance with Section VIII (4). You can cancel the Kartina TV service at any time, but no later than 24 hours before the end of the billing period, and access to the services will remain available during the paid period. You consent to the withdrawal of funds from your payment details for the next billing period until you submit a request to cancel the subscription.

(2) The request to terminate the subscription should be made either via the personal account (no later than 24 hours before the end of the paid period) or in writing (no later than 72 hours before the end of the paid period) to Kartina TV. To cancel you can also choose “Cancellation" section in the footer and follow the instructions.

A written cancellation should be submitted in one of the following ways:

• By mail: Kartina Digital GmbH, Rheingaustraße 53, 65201 Wiesbaden, Germany
• By email: reklamation@kartina.tv
  
• By fax: +49 (0)611 88 096 20
  

Refusal to accept parcels or services does not constitute a valid contract termination.

(3) In case you terminate the contract with Kartina TV, the access to the service will be deactivated at the end of the paid period.

(4) During the minimum contract term, Kartina TV may terminate the contract at any time for a valid reason. Valid reasons for Kartina TV are as follows:

a) The user has entered into bankruptcy proceedings;

b) The user uses Kartina TV services and products for fraudulent purposes, violates applicable civil or criminal law, public order, or customs, or there are corresponding suspicions;

c) The user’s death.

(5) The right to early termination of the contract remains unaffected.

IX. Warranty

(1) The warranty is governed by the applicable legal provisions.

(2) To report a defect, please use the Kartina TV Service Center (available via the URL: https://www.kartina.tv/contact), the Kartina TV Service Hotline (+49 69 84 84 540), or our email customer service (versand@kartina.tv).

X. Liability

(1) Claims for damages by the user are excluded. Exceptions are claims for damages due to injury to life, body, or health, or due to the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages arising from intentional or grossly negligent breaches of duty by Kartina TV, its legal representatives, or vicarious agents. Essential contractual obligations are those that are necessary to achieve the purpose of the contract. In the case of breaches of essential contractual obligations, liability is limited to contractually typical, foreseeable damages if caused by simple negligence, unless it concerns claims for damages by the user due to injury to life, body, or health. The limitations in Paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are made directly against them.

(2) For damages involving purely financial losses, the Telecommunications Customer Protection Regulation applies.

(3) You agree to indemnify Kartina TV against all claims that third parties may assert due to the user's culpable behavior in connection with this contract for the infringement of their rights.

(4) Kartina TV is not liable for events of force majeure that significantly impede or temporarily hinder the proper execution of the contract or make it impossible. Force majeure includes all circumstances beyond the control and influence of the contracting parties, such as natural disasters, severe weather, government actions, sanctions, administrative decisions, blockades, war, and other military conflicts, mobilization, civil unrest, terrorist attacks, strikes, lockouts, and other labor disputes, seizure, embargo, or other unforeseeable, severe, and faultless circumstances that arise after the conclusion of this contract.

XI. EU Online Dispute Resolution, Art. 14 Para. 1 ODR Regulation

The EU Commission has established an internet platform for the online resolution of disputes (OS platform) between companies and consumers. You can access the OS platform at: www.ec.europa.eu/consumers/odr. Kartina TV is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

XII. Applicable Law, Place of Performance, and Jurisdiction

(1) These terms and conditions are governed by applicable German law.

(2) The place of performance for all obligations is Wiesbaden, Germany. If the user is a merchant, a legal entity under public law, or a public law special fund, Wiesbaden is the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship.

XIII. Final Provisions

(1) Should one or more of the foregoing provisions be wholly or partially ineffective, unenforceable, or incomplete, the effectiveness of the remaining provisions shall not be affected. The parties are obligated to replace ineffective, unenforceable, or incomplete provisions with those that, within the bounds of legal possibility, come closest to what the parties would have intended in terms of the original meaning and purpose of the ineffective, unenforceable, or incomplete clause, had they considered or known about the ineffectiveness, unenforceability, or incompleteness of the provisions.

(2) Kartina TV provides you with the technical ability to activate or deactivate the 14-day TV archive recording feature in the receiver menu. If you enable the archive function, the use of it is at your own risk and responsibility. Kartina TV is therefore exempt from any liability.

(3) Information pursuant to Art. 246 a § 1 No. 11 Introductory Act to the Civil Code