Tokitoki members have access to premium international documentaries on the platform. Thank you for signing up for a subscription with Tokitoki Media Private Limited. Tokitoki “we” or “us”). By clicking “Accept” you accept the Terms and Conditions of using or accessing any Tokitoki Service or related services. If you are using a Tokitoki Service or related services on behalf of a company or other entity or as an individual, then “Customer” or “you” means that company or entity or that individual, and you are binding that entity to these Terms and Conditions. You represent and warrant that you have the legal power and authority to enter into these Terms and Conditions and that, if the Customer is an entity, these Terms and Conditions is entered into by an employee or agent with all necessary authority to bind that entity to these Terms and Conditions.

These Terms and Conditions are effective as of July, 2019

1. OVERVIEW OF THE Tokitoki WEBSITE/PLATFORM.

Tokitoki provides a suite of entertainment shows and programs that allows subscribers to view, personalize, and analyze the experiences streamed over the Internet to certain Internet-connected TVs, computers and other devices ("Tokitoki ready device(s)"). These Terms of Use govern Customer’s use of Tokitoki Service. As used in these Terms of Use, “Service, our Service or the Service" means the personalized service provided by Tokitoki for discovering and watching Tokitoki Content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service. Tokitoki Services may change from time to time as per the discretion of Tokitoki .

2. MEMBERSHIP PLANS AND CANCELLATIONS:

2.1 Passwords and Account Access. The member who created the Tokitoki account and whose Payment Method is charged (the "Account Owner") has access and control over the Tokitoki account and the Tokitoki ready devices that are used to access to Tokitoki Service and is responsible for any activity that occurs through the Tokitoki account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Tokitoki ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. Account Owner is responsible for updating and maintaining the accuracy of the information provide to Tokitoki relating to their account. Tokitoki can terminate your account or place your account on hold in order to protect you, Tokitoki or our partners from identity theft or other fraudulent activity.

2.2 Tokitoki membership will continue until terminated. To use the Tokitoki service you must have Internet access and a Tokitoki ready device, and provide Tokitoki with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through Customer’s account either with Tokitoki or with a third party. Unless Customer cancels their membership before the billing date, Customer authorizes us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).

2.3 Tokitoki may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. Tokitoki is not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. Customer can find specific details regarding the Tokitoki membership by visiting Tokitoki website at the top of the pages of the Tokitoki website under “Membership” tag.

2.4 Tokitoki may provide Customer with a Tokitoki Service or Tokitoki Code for free or on a trial basis (a “Free Access Subscriptions”) at Tokitoki discretion. CUSTOMER AGREES THAT ANY FREE ACCESS SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SLA, OR INDEMNITY OBLIGATIONS OF ANY KIND. Tokitoki may terminate Customer’s right to use any Free Access Subscriptions at any time for any reason or no reason in Tokitoki sole discretion, without liability and the Customer understands and agrees that such Free Access Subscription is granted at the sole discretion of Tokitoki .

2.5 Billing and Cancellation

2.5.1 Billing Cycle. The membership fee for the Tokitoki service and any other charges Customer may incur in connection with Customer’s use of the Tokitoki Services, such as taxes and possible transaction fees, will be charged to Customer’s Payment Method on the specific billing date indicated in the Membership plan on the Tokitoki Website. The length of Customer’s billing cycle will depend on the type of subscription chosen when Customer sign-up for the Tokitoki Service. In some cases Customer’s payment date may change, for example if Customer’s Payment Method has not successfully settled or if Customer’s paid membership began on a day not contained in a given month.

2.5.2 Payment Methods. To use the Tokitoki service Customer must provide one or more Payment Methods. Customer authorize us to charge any Payment Method associated to Customer’s account in case Customer’s primary Payment Method is declined or no longer available to us for payment of Customer’s subscription fee. Customer remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and Customer do not cancel Customer’s account, Tokitoki may suspend Customer’s access to the Tokitoki Service until Tokitoki has successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge Customer certain fees, such as foreign transaction fees or other fees relating to the processing of Customer’s Payment Method. Local tax charges may vary depending on the Payment Method used.

2.5.3 Customer should be mindful of any communication requesting that Customer submit credit card or other account information. Providing such information in response to these types of communications can result in identity theft. Tokitoki reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity.

2.5.4 Cancellation. Customer can cancel Tokitoki membership at any time, and Customer will continue to have access to the Tokitoki service through the end of Customer’s billing period. To the extent permitted by the applicable law, payments are non-refundable and Tokitoki does not provide refunds or credits for any partial membership periods or unwatched Tokitoki content. If Customer cancels Tokitoki membership, Customer’s account will automatically close at the end of current billing period. If Customer signed up for Tokitoki using Customer’s account with a third party as a Payment Method and wish to cancel Customer’s Tokitoki membership, Customer may need to do so through such third party, for example by visiting Customer’s account with the applicable third party and turning off auto-renew, or unsubscribing from the Tokitoki service through that third party. Customer may also find billing information about Customer’s Tokitoki membership by visiting Customer’s account with the applicable third party.

2.5.5 Subscriptions that are on renewal basis will continue to be so unless auto-renew is turned off atleast 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal after identification of charges, the account will be charged for renewal within 24-hours prior to the end of the current period. No cancellation of the current subscription is allowed during active subscription period.

2.5.6 Changes to the Price and Membership Plans. Tokitoki may change Membership plans and the price of Tokitoki Service from time to time; however, any price changes or changes to Customer’s Membership plans will apply no earlier than 30 days following notice to Customer or as per the discretion of Tokitoki .

3. Tokitoki SERVICES.

3.1 Subject to payment of fees under Membership Plans to rent or access Tokitoki Services, and Customer’s compliance with all terms of these Terms and Conditions, Tokitoki grants a non-exclusive, non-transferable, non-sub licensable, limited license, during the applicable Membership Plan, to access and view the Tokitoki Services in accordance with these Terms and Conditions, for personal, non-commercial, private use. Tokitoki may automatically remove Tokitoki Content from Tokitoki Ready Device after the end of the Membership. Tokitoki Services may change from time to time as per the discretion of Tokitoki .

3.2 Customer must be 18 years of age, or the age of majority in the province, territory or country of residence, to become a member of the Tokitoki Services. Minors may strictly access the Tokitoki Service under adult supervision. Tokitoki shall in no way be liable for unauthorized/ unsupervised access to the Tokitoki Services by the Customer.

3.3 Customer may permit its authorized users to use the Tokitoki Service, provided their use is for Customer’s benefit only and remains in compliance with these Terms and Conditions. Customer will be responsible and liable for all authorized users’ use and access and their compliance with these Terms and Conditions.

3.4 Due to technical and other restrictions imposed by content providers, the Tokitoki Services is available only in certain locations. The content offered under Tokitoki Services (including subtitled and dubbed audio versions of content) and how Tokitoki offers content to Customers will vary over time and by location. Tokitoki will use technologies to verify Customer’s geographic location. Customer may not use any technology or technique to obscure or disguise the location.

3.5 Explicit Content: By using the Tokitoki Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Tokitoki Service at your sole risk, and Tokitoki has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and Tokitoki does not guarantee their accuracy. Viewer discretion is advised for viewing the content available via Tokitoki Services.

3.6 Customer must not (i) transfer, copy or display the content available through Tokitoki Services, except as permitted in this Terms and Conditions ; (ii) sell, rent, lease, distribute, or broadcast any right to the content ; (iii) remove any proprietary notices or labels on the content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Tokitoki Service; or (v) use the Service or Content for any commercial or illegal purpose.

3.7 The quality of the display of the Tokitoki Service may vary from device to device, and may be affected by a variety of factors, such as Customer’s location, the bandwidth available through and/or speed of Internet connection. HD, Ultra HD and HDR availability is subject to Customer’s Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all subscription plans allows Customer to receive content in all formats. Customer is responsible for all Internet access charges. Tokitoki software is developed by, or for, Tokitoki and is designed to enable viewing of content through Tokitoki ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. Customer acknowledge that the use of the service may require third party software that is subject to third party licenses. Customer agrees that he/she may automatically receive updated versions of the Tokitoki and related third-party software.

4. TERMINATION.

Tokitoki may terminate Customer’s access to Tokitoki Service, including any subscription available as part of the Tokitoki Service, at the sole discretion of Tokitoki without notice. If Customer violates any of the terms of these Terms and Conditions, Customer’s rights under these Terms and Conditions will automatically terminate without notice, and Tokitoki may, in its discretion, immediately revoke Customer’s access to the Tokitoki Service without refund of any fees.

5. WARRANTIES AND LIMITATIONS ON LIABILITY.

The Tokitoki service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence. Under no circumstance shall the liability of Tokitoki exceed the amount paid under Membership Plan.

6. CLASS ACTION WAIVER.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND Tokitoki AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Tokitoki agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

7. MISCELLANEOUS.

7.1 Unsolicited Materials. Tokitoki does not accept unsolicited materials or ideas for Tokitoki content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Tokitoki .

7.2 Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

7.3 Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

7.4 Changes to Terms of Use and Assignment. Tokitoki may, from time to time, change these Terms of Use. Customer shall be responsible for checking the Terms and Conditions as updated on the website. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

7.5 Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

8. PRIVACY.

Please review our Privacy Policy, which also governs your use of Tokitoki Services, to understand our practices.

9. APP PERMISSIONS.

When Customer uses apps created by Tokitoki , such as the Tokitoki App, Customer may grant certain permissions to Tokitoki for their device. Most mobile devices provide Customer with information about these permissions.

10. ADDITIONAL Tokitoki SOFTWARE TERMS.

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Tokitoki Services (the "Tokitoki Software").

10.1 Use of the Tokitoki Software. Customer may use Tokitoki Software solely for purposes of enabling Customer to use the Tokitoki Services including all features and functionalities associated therewith as provided by Tokitoki , in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Tokitoki Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Tokitoki Software in whole or in part. All software used in any Tokitoki Service is the property of Tokitoki or its software suppliers and is protected international copyright laws. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) the Content and information contained on or obtained from or through the Tokitoki Service.

10.2 You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Tokitoki Service; use any robot, spider, scraper or other automated means to access the Tokitoki Service; decompile,

10.3 Use of Third Party Services. When you use the Tokitoki Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

10.4 No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any software or other products or any security associated or processes accessible through the Tokitoki Service / with the Tokitoki Software, whether in whole or in part; insert any code or product or manipulate the Content of the Tokitoki Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Tokitoki Service, including any software viruses or any other computer code, files or programs. We may immediately terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the Service at our discretion.

10.5 Updates. We may offer automatic or manual updates to the Tokitoki Software at any time and without notice to you. You agree that you may automatically receive updated versions of the Tokitoki and related third-party software.

10.6 Conflicts. In the event of any conflict between these Conditions of Use and any other Tokitoki or third-party terms applicable to any portion of Tokitoki Software, such as open-source license terms, such other terms will control as to that portion of the Tokitoki Software and to the extent of the conflict.