Shant Digital TV

TERMS AND CONDITIONS

1. GENERAL TERMS AND CONDITIONS

1.1 The following General Terms and Conditions (from now on referred to as the “Terms”) apply to Shant LLC’s “Shant Digital TV” application (from now on referred to as “Shant” or “We,” “Our,” “Us”), as well as its updates (from now on referred to as “Application”) for accessing, downloading and using the Application. Shant has the right to solely modify these Terms at any time in its discretion, considering the application’s usage specifics.

1.2 By accessing the App, downloading it, and using it, the Subscriber (from now on referred to as “You,” “Your,”) agrees to have read, understood and accepted these Terms

1.3 All arrangements contained in these Terms are public offering to be accepted by a person wishing to subscribe. The moment of (acceptance) will be considered as signing a legally binding contract (Subscription Agreement) between the Subscriber and Shant.

2. DEFINITIONS

2.1 The following terms have the following meanings:

2.1.1 “Application Stores”: Apple Inc. iTunes Store, Google’s Google Play, Samsung Group, LG Corp., and other online stores that will be considered acceptable by Shant.

2.1.2 “Catch-Up Opportunity”: A function available in or through an application that enables rewinding, fast forwarding (moved in time), terminating a certain TV content or specific components thereof, within a certain period after the broadcast of such TV content, depending on the terms of the relevant Tariff Plan / Package.

2.1.3 “Catch-Up TV shows”: TV content that can be accessed through the Catch-Up feature.

2.1.4 “Intellectual Property Rights”: Intellectual property objects or rights to them.

2.1.5 “Damage”: The damage envisaged by Article 17 of the RA Civil Code, as well as court costs.

2.1.6 “Application”: “Shant Digital TV” application, intended to be downloaded from application stores, through which you can access and use TV Content in the VOD section.

2.1.7 “Application Content”: All materials, information, tools, content, links, signs or logos, as well as all types of software and content that can be downloaded and / or accessed by the Application; including:

a) All features and functions offered in the Application or through it and / or TV content;

b) All advertisements, promotions, and offers (Shant or any third party);

c) All materials, information, tools, content, references, signs and logos relating to goods or services provided by third parties;

d) All links to third-party platforms in the Application;

e) Third-party content.

2.1.8 “Conditions”: General Terms and Conditions that may change from time to time.

2.1.9 “Third Party Content”: All materials, information, tools, content, or links (related to third parties and related to third-party products or services) posted on third-party platforms.

2.1.10 “Third Party Platforms”: Third-party websites, mobile applications, or other platforms owned, operated or provided by the latter.

2.1.11 “TV content”: any materials, TV channels, TV programs (including any advertisement contained in them), or other types of content (visual, audio, video-audio).

3. TERMS OF USE

When using the application both Terms and Conditions and Terms of Use are applicable.

3.1 The Terms of Use also simultaneously apply to Conditions and access to the Application.

3.2 You acknowledge and agree that by downloading the Application, registering in the Application, accessing the Application, and by using it in any way, you are obliged to act according to the Terms at any time; you declare and guarantee that:

3.2.1 You have downloaded the Application from the application store,

3.2.2 You will download the Application, sign into the Application, and access it via smartphone, smart TV or other applicable devices that meet the requirements;

3.2.3 You have made certain connections (including Internet connections, wireless, mobile data or any other method).

3.3 Depending on the terms of the Tariff Plan / Package, your access to the Application or its use, as well as the TV content (or its volume), certain functions, features or interface of the Application may differ.

3.4 You might be charged additional payment obligations for the use of mobile or data transmission services by your mobile operators, for which Shant is not responsible.

3.5 The catch-up feature may only be available for a specified period determined by Shant.

4. GENERAL RESPONSIBILITIES

4.1 To access the Application (or any part of it) you provide Shant with your name, surname, year of birth, month, date, citizenship, mobile phone number, identification code received with that phone number and your email address.

4.2 You may be required to pay to access or use the Application (or any part thereof) with a Tariff Plan/Package under the established conditions.

4.3 Additional information (including debit/credit card requisites) may be required for purchasing the Tariff Plan / Package of your choice.

4.4 Hereby you confirm that the information provided for payment purposes is valid and accurate. You agree to refrain from any illegal use of your debit/credit card. Shant is not responsible for the security of payment data (we only keep the history of your payments, card data is not stored with us), except in cases where Shant’s direct intention to violate the obligation to maintain that data is proved. You hereby acknowledge that Shant or their payment agent(s) have the right to review your past payments specified in the Tariff Plan/Package of your choice using the payment information provided by you (payment method). Our marketing department can look at your payment method and offer promotions to every customer.

4.5 You can access the Application and use it on a separate mobile phone(s) or portable device(s), depending on the Tariff Plan/Package you chose.

4.6 You are obliged to inform us immediately when you learn about the following cases:

4.6.1 Unauthorized disclosure or use of information about you, required to access or use the Application (or any part thereof).

4.6.2 Unauthorized access to the Application (or any part of it) and its use (regardless of whether it was done using any of your data or not). In this case, you are obliged to follow our instructions.

4.7 Hereby you guarantee:

4.7.1 To access the Application, download and / or use it solely for your own non-commercial use, with accordance to our terms.

4.7.2 Hereby you are obligated not to access the Application (or any part thereof) or use it in any way that supports, encourages, permits or authorizes any other person to access the Application (or any part thereof) or use it:

a) for any commercial or illegal activity or with such intent (including commercial distribution), or

b) in any manner that may be unlawful or restrict or violate the rights of others.

4.7.3 to provide us with reliable and accurate information and notify us of any changes to this information.

4.7.4 When accessing or using the application, always comply with our terms and conditions, the terms of application use, applicable legislation, relevant state, territorial government acts, orders and requirements of local self-government bodies and

4.7.5 At Shant’s request, assist and cooperate with the latter in connection with any research, study or activity carried out by Shant.

5. SHANT’S RIGHTS

5.1 Shant reserves the right to send notifications about the App (or anything about it), Push Notification (including short message service (SMS), emails).

5.2 Regardless of any of the conditions outlined in these Terms, Shant has the right (whilst reserving the rights foreseen by Terms), to block any portion of the mobile Application or site or link, to remove or not publish any TV Content that contains inappropriate, abusive, defamatory, offensive, improper, obscene or illegal material or information that is illegal or may violate the rights of others, at any point in time.

5.3 We have the right to inform the authorities or any other law enforcement agency about any illegal (including suspicious) activity and to provide them with the necessary information following the law.

5.4 Shant reserves the right to modify the Application (or any part thereof) or the Application’s Content to expand, to reduce or replace the TV Content, to introduce new functions, and change the user interface.

6. LIMITATIONS

6.1 Shant is not responsible and Shant is not considered to be in breach of these Terms, when access to the App (or any part thereof) is delayed or you are unable to access the App (or any part thereof) or use it.

6.2 Application and all the content in the Application are provided to you on an as-is, as available basis.

6.3 We do not guarantee:

6.3.1 That there will be no Interruptions, delays, errors or any other action or inaction by or on behalf of any third party (including any content provider);

6.3.2 The accuracy, reliability, security and the absence of any violations of the Application (or any part of it);

6.3.3 The compatibility of the Application (or any part thereof) with any other system, infrastructure, interface, product, service, network or other components.

6.4 Your access to the Application (or any part thereof) and its use, as well as the quality of such access and use, depends on the following conditions:

6.4.1 To access the Application (or its corresponding part) from the mobile phone model, smart TV or mobile device, based on their technical capabilities.

6.4.2 The availability of relevant network, infrastructure, platform, connection, and quality of access to the Application (or its corresponding part) when using it.

6.4.3 Geographical and technical capabilities (including Internet connection) of mobile networks and service systems (including Internet connection) as well as their quality (including bandwidth) when accessing or using the Application (or its corresponding part).

6.5 You acknowledge that Shant has entered into or may enter into contracts, has obtained / or may enter into agreements with Application Stores (“Application Store Providers”) and their operators, as it has undertaken or may assume certain obligations to the latter in connection with the distribution of the Application as a mobile application. Shant assumes no liability on the Application Store provider for any action or inaction from their side and any consequent Damage caused by them.

7 TERMINATION OF THE SUBSCRIPTION

7.1 You have the right to terminate the Subscription Agreement of the Application at any time, in which case you reserve the opportunity to access the Application (or its corresponding part) or use it until the expiration of the paid subscription period (specified in the purchased Tariff Plan/Package).

7.2 Hereby you give your unconditional prior consent that Shant is not obliged to refund the subscription fees whenever you terminate or decide to terminate your subscription to the Application.

7.3 Hereby you give your unconditional prior consent that at the end of the paid subscription period (the period specified in the purchased Tariff Plan/Package), in case you do not terminate the Subscription, it shall be renewed under the same conditions and for the same period.

7.4 In the event of any breach of your obligations under these Terms, Shant reserves the right, without prior notice, to terminate your Subscription Agreement or (in whole or partially) your access to or use of the Application.

8 INTELLECTUAL PROPERTY RIGHT

8.1 All rights to the content of the Application and all or related intellectual property belong to Shant, Content Providers, or third-party licensors. These Terms shall not be construed as Shant granting you a license or right to use any of its Intellectual Property.

8.2 You agree not to falsify, reproduce, modify, store, copy, use, transfer, distribute, republish, download, post, send, translate, pawn, sublicense, lease, decompile, divide into parts the application (or any part of it) or reverse engineer the content of any application or otherwise attempt to extract the source code of computer systems or other technologies that use or technically provide the Application or any Content of the Application. Do not create any auxiliary or supplementary software to the Application and Application Content (including also the ones based on user interfaces). You hereby agree not to undertake, allow, contribute, support, facilitate or authorize someone else to do any of the above actions in any way. For these Terms, the term “decoding” includes the study or analysis of the content or any Application to determine its source code, structure, composition, interior design, algorithms or underlying coding technology.

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