Terms of Use | FlixTok

1. Introduction

Welcome to FlixTok ("FlixTok", "we", "us", or "our"). These Terms of Use ("Terms") govern your access to and use of the FlixTok platform, including the website, mobile applications, and any related services (collectively — the "Platform"). By using the Platform, creating an account, or viewing any content available through the Platform, you ("User", "you") agree to these Terms and undertake to comply with them. If you do not agree to these Terms, you have no right to use the Platform.

FlixTok is a digital platform that provides users with access exclusively to view video materials, the rights to which belong to the respective rightsholders ("Content"). The Platform does not create or upload Content and is not its rightsholder, but acts exclusively as a service for providing access to view such Content. The primary, but not the only, type of Content on the Platform consists of multi-episode vertical video stories composed of a large number of short episodes united by a single plot (also referred to as "flixstory" or "Content").

Use of the Platform is also governed by our Privacy Policy and other documents or rules referenced in these Terms. In the event of a conflict between these Terms and additional terms, these Terms shall prevail unless expressly stated otherwise. We may change or update these Terms from time to time. Continued use of the Platform after such changes take effect signifies your consent to the updated Terms.

2. Definitions

For the purposes of these Terms, the following terms shall have the meanings set forth below:

"Platform" — the FlixTok website, mobile applications, and any related services provided by FlixTok.
"User" — an individual who accesses the Platform and uses it to view Content.
"Content" — any video materials, films, series, episodes, audiovisual works, or other materials available for viewing through the Platform, the rights to which belong to the respective rightsholders.
"Flixstory" — a form of Content in the format of a multi-episode video story consisting of a large number of short episodes united by a single plot.
"Rightsholder" — an individual or legal entity that owns the proprietary intellectual property rights to the Content and grants permission for its placement or distribution through the Platform.
"Account" — a User's personal profile created to access the Platform's functionality.
"Paid Content" — Content to which access is provided to the User for a fee, including one-time payments or a subscription (where available).
"Subscription" — a model of access to Content that involves periodic payment for the ability to view a specified volume of Content for a certain period.
"License" — a limited, non-exclusive, non-transferable, and revocable right granted to the User to access and view Content solely for personal non-commercial use through the Platform.
"Comments" — any texts, reviews, ratings, messages, or other content created and published by the User within the Platform in connection with the Content. Comments do not constitute part of the Content within the meaning of these Terms.
+1
"Privacy Policy" — a document describing the procedure for collecting, processing, and protecting the personal data of Users.
Other terms used in these Terms shall be interpreted in accordance with their ordinary meaning taking into account the context.

3. User Requirements

By using the Platform, you confirm that:

You have reached at least 13 years of age. If you are under 18, you may use the Platform only with the consent and under the supervision of parents or legal guardians who assume responsibility for your use of the Platform.
Access to specific Content or Platform features may be restricted for persons who have not reached 18 years of age. By using such features or viewing such Content, you confirm that you have reached 18 years of age or have the right to access such Content in accordance with applicable law.
+1
You have the right to use the Platform in accordance with the law of the country in which you are located and are not restricted from using similar services.
You will not use the Platform if it is prohibited by applicable law or if access to the Platform was previously restricted or blocked for you.
You use the Platform exclusively for personal, non-commercial purposes.

If you use the Platform on behalf of a legal entity or another organization, you confirm that you have the necessary authority to act on its behalf and to bind it to these Terms. We reserve the right to restrict or terminate access to the Platform in the event of a violation of these requirements.

4. Account

To access individual features of the Platform, the User may need to create an Account. During registration, you undertake to provide accurate, current, and complete information, and to maintain its accuracy. You bear full responsibility for maintaining the confidentiality of the login data for your Account, as well as for all actions performed using your Account. In the event of unauthorized access or suspicion thereof, you are obliged to notify us immediately. We shall not be liable for any damages or losses arising from the unauthorized use of your Account if this occurred due to your failure to comply with these Terms.

We reserve the right, at our sole discretion, to suspend or terminate access to the Account, restrict access to the Platform or its individual features, as well as to delete the Account in the event of:

violation of these Terms;
violation of applicable law;
suspicion of fraud, abuse, or dangerous activity;
or for other reasons, if necessary to protect the Platform, other users, or third parties.

The User has the right to stop using the Platform and delete their Account at any time in accordance with the available functionality of the Platform. Account deletion does not affect already granted Licenses, payments made, or other rights and obligations that arose prior to such deletion, unless otherwise provided by these Terms or applicable law.

5. Nature of Service and Viewing License

The Platform provides the User with the opportunity to access Content solely by viewing it online through the Platform's functionality. The User understands and agrees that access to Content does not signify a transfer of any ownership rights or other proprietary intellectual property rights to the Content. All rights to the Content belong to the respective Rightsholders. Subject to compliance with these Terms, the Platform grants the User a limited, non-exclusive, non-transferable, and revocable License to access and view the Content solely for personal non-commercial use.

The User is prohibited from:

copying, downloading, recording (including the use of screen recording functions), reproducing, or otherwise storing the Content;
distributing, transmitting, publicly demonstrating, or making the Content available to third parties outside of the Platform;
modifying, adapting, translating, or creating derivative works based on the Content;
bypassing, disabling, or otherwise interfering with the technical measures for protecting the Content or the Platform;
using the Content for commercial purposes or for the purpose of generating profit.

Notwithstanding the above, the Platform may, at its sole discretion, provide the User with the option for temporary downloading of specific Content for offline viewing exclusively through the Platform's functionality (e.g., in the mobile application). Such access is not a transfer of the Content to the User and is limited by the technical measures of the Platform. Any other downloading or storage of the Content, except as expressly permitted by the Platform's functionality, is prohibited. Access to Content may be restricted, modified, or terminated at any time without prior notice, in particular in the event of the expiration of distribution rights, changes in agreements with Rightsholders, or for other reasons. The Platform does not guarantee the constant availability of any specific Content and reserves the right to change, add, or delete Content at its discretion. In the case of providing access to Paid Content or Content within a Subscription, the User receives the right to access and view such Content in accordance with the payment terms and the duration of such access, but does not acquire any ownership rights to it.

6. Content Access and Payment

The Platform may provide Users with access to Content on both a free and a paid basis. Access to individual Content may require a one-time payment or the purchase of a Subscription. The terms of such access, including price, duration, and volume of available Content, are determined by the Platform and/or the respective Rightsholders and may change. Regardless of the form of payment, the User pays for the right to view the Content through the Platform. Such payment is not a purchase of the Content and does not involve the transfer of any ownership or other proprietary intellectual property rights to the Content.

All payments related to access to the Content may be processed by the Platform or through third-party payment systems or application stores (including the App Store, Google Play, etc.). In relevant cases, the Platform may act as an intermediary or an agent for processing payments on behalf of the Rightsholders. All prices are displayed in the relevant currency and may include applicable taxes, unless expressly stated otherwise. The User agrees to pay all applicable fees related to the use of the Platform. The Platform reserves the right to change prices for access to the Content, Subscriptions, or other services at any time. Such changes do not affect already paid access periods, unless otherwise provided by the terms of the specific access or legal requirements.

In the case of a Subscription, it may automatically renew for the next billing period, unless the User cancels it before the end of the current period. The terms of automatic renewal may depend on the payment system or the application store. Cancellation of a Subscription does not result in a refund for the already paid period, unless provided for by applicable law or the rules of the respective payment platform. The Platform shall not be held liable for the processing of payments carried out through third-party payment systems or application stores and recommends familiarizing yourself with their terms of use. The Platform may restrict or terminate access to Content in the event of non-payment, payment rejection, transaction cancellation, or violation of these Terms. Access to Content may change over time, in particular due to changes in agreements with Rightsholders. The Platform does not guarantee the constant availability of any Content.

7. Intellectual Property

All intellectual property rights to the Platform, including but not limited to software, design, interface, graphics, logos, trademarks, and other elements of the Platform, belong to FlixTok or are used on legal grounds. All intellectual property rights to the Content belong to the respective Rightsholders.

The placement of Content on the Platform does not signify the transfer of any rights to it to the User.

The User is prohibited from using any intellectual property objects available through the Platform in a manner not provided for by these Terms or without the respective permission of the rightsholder. No provision of these Terms may be interpreted as a transfer to the User of any intellectual property rights to the Content or the Platform, except for the limited License expressly provided for by these Terms. In the event of a violation of intellectual property rights, the Platform has the right to restrict or terminate the User's access to the Platform, as well as to take other measures in accordance with applicable law.

8. Comments and User Conduct

The User may create and publish Comments within the functionality of the Platform. The User bears full responsibility for the content of their Comments and guarantees that such Comments:

do not violate legal requirements;
do not violate the rights of third parties, including intellectual property rights;
do not contain offensive, discriminatory, violent, false, or other unacceptable content;
do not contain spam, advertising, or other unsolicited content.

The Platform and/or the Rightsholders have the right, at their sole discretion, without prior notice:

to moderate, edit, restrict the visibility of, or delete any Comments;
to restrict or terminate the User's ability to publish Comments;
to take other measures in the event of a violation of these Terms.

The Platform has the right to retain Comments on its servers even after their deletion or concealment from public access, if necessary to ensure the operation of the Platform, comply with legal requirements, or protect the rights and interests of the Platform or third parties. By posting Comments, the User grants the Platform a non-exclusive, royalty-free, perpetual, and territorially unrestricted right to use such Comments, in particular for their display within the Platform, translation, adaptation, as well as for the purposes of development and promotion of the Platform. The procedure for creating and using Comments may be additionally governed by separate rules or policies of the Platform. The User is prohibited from using the functionality of Comments for any activity that may cause harm to the Platform, Rightsholders, or other users.

9. Prohibited Use

The User is prohibited from using the Platform in a manner that violates these Terms, applicable law, or the rights of third parties. In particular, the User is prohibited from:

using the Platform for any illegal activity or for the purpose of violating the rights of others;
violating or attempting to violate the intellectual property rights of the Platform, Rightsholders, or third parties;
bypassing, disabling, or interfering with any technical measures for protecting the Platform or the Content;
performing unauthorized access to the Platform, accounts of other users, or related systems;
using automated means (including bots, scripts, parsers, scrapers, etc.) to access, collect, or process information from the Platform without our prior written permission;
performing any actions that may overload, damage, or disrupt the operation of the Platform;
using the Platform to distribute malicious software, viruses, or other technologies that may harm the Platform or users;
impersonating another person or misrepresenting their identity;
using the Platform to send spam, unsolicited messages, or advertising;
attempting to obtain unauthorized access to Content or features of the Platform that are not intended for the User;
using the Platform in any way that may damage the reputation of the Platform or the Rightsholders.

In the event of a violation of this section, the Platform has the right, without prior notice, to restrict or terminate the User's access to the Platform, delete their Account, as well as to take other measures in accordance with applicable law.

10. Copyright Infringement

The Platform respects intellectual property rights and expects Users and Rightsholders to comply with such rights.

The Platform is not obligated to monitor any Content. However, we reserve the right to review, remove, or restrict access to Content at our sole discretion.

If you believe that any Content available through the Platform violates your copyright or other intellectual property rights, you may send a corresponding notification (complaint) indicating the necessary information. The Platform has the right to review such a complaint and, if there are grounds, restrict access to the relevant Content or delete it.

The Platform also has the right to restrict or terminate the access of Users who repeatedly violate intellectual property rights. The procedure for filing complaints, their review, and taking measures is determined by a separate Copyright / DMCA Policy, which is an integral part of these Terms.

11. Disclaimer of Warranties

The Platform is provided to the User on an "as is" and "as available" basis. The Platform provides no direct or indirect warranties regarding the operation of the Platform, its functionality, availability, or compliance with the User's expectations. In particular, the Platform does not guarantee that:

the Platform will operate continuously, without errors or failures;
access to the Platform or the Content will be constant or uninterrupted;
any Content will be available at any time;
the Platform or its functionality will meet your expectations or requirements;
the Platform will be protected from all possible threats, including viruses or other harmful components.

Content is provided by the Platform without any warranties regarding its quality, accuracy, completeness, or suitability for a particular purpose. Responsibility for the Content is borne by the respective Rightsholders. The Platform shall not be liable for any actions or omissions of Rightsholders, nor for the content of the Content available through the Platform. No information or advice received by the User through the Platform creates any warranties, unless expressly provided for by these Terms.

12. Limitation of Liability

To the maximum extent permitted by applicable law, the Platform, its affiliates, partners, executives, employees, or agents shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profit, data, reputation, or other intangible assets, arising from or in connection with:

the use or inability to use the Platform;
access to the Content or its unavailability;
any actions or omissions of Rightsholders;
unauthorized access to your Account;
any errors, failures, or interruptions in the operation of the Platform.

In any case, the aggregate liability of the Platform to the User for all claims arising in connection with the use of the Platform shall not exceed the amount of funds actually paid by the User to the Platform during the last 12 months preceding the occurrence of the respective claim, or the equivalent of such amount, unless otherwise provided for by applicable law. Nothing in these Terms limits or excludes liability that cannot be limited or excluded in accordance with applicable law.

13. Termination of Access

The Platform has the right at any time, at its sole discretion and without prior notice, to fully or partially restrict, suspend, or terminate the User's access to the Platform, their Account, or individual features in the event of:

violation of these Terms;
violation of applicable law;
suspicion of fraud, abuse, or dangerous activity;
the need to protect the Platform, Rightsholders, other users, or third parties;
or for other reasonable grounds.

The User has the right at any time to stop using the Platform and initiate the deletion of their Account in accordance with the available functionality of the Platform. The procedure for terminating the use of the Platform and deleting the Account may be additionally governed by separate rules or instructions available on the Platform. The current information regarding the account deletion procedure is set forth in the "User Account Deletion Procedure". In the event of termination of access or deletion of the Account:

the User's right to use the Platform is terminated;
access to the Content, including Paid Content, may be lost;
the Platform is not obligated to refund any funds, except in cases expressly provided for by applicable law.

The Platform may retain certain information after the termination of access or deletion of the Account, if necessary to fulfill legal requirements, resolve disputes, or protect the rights and interests of the Platform. The provisions of these Terms, which by their nature should remain in force after the termination of access, continue to apply after such termination.

14. Changes to Terms

The Platform has the right to change or update these Terms from time to time at its discretion. In the event of significant changes, the Platform may notify Users by posting a corresponding notice on the Platform or by another available method. The updated version of the Terms takes effect from the moment of its publication, unless otherwise stated. Continued use of the Platform after the changes take effect signifies the User's consent to the updated Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Estonia. Any disputes arising in connection with these Terms or the use of the Platform shall be subject to resolution in the competent courts of the Republic of Estonia. If the User is a consumer, nothing in these Terms limits their rights granted by the mandatory rules of applicable law.

16. General Provisions

If any provision of these Terms is found to be invalid or unenforceable, this does not affect the validity of the other provisions, which remain in force. The failure or delay by the Platform to exercise any right or remedy does not signify a waiver of such right or remedy. The User has no right to transfer or assign their rights or obligations under these Terms without the prior written consent of the Platform. The Platform has the right to transfer its rights and obligations under these Terms to third parties. These Terms, together with the Privacy Policy and other documents referenced herein, constitute the entire agreement between the User and the Platform regarding the use of the Platform.