Terms and conditions

Thank you for signing up for a subscription with FeelPlus (“FeelPlus”, “we” or “us”). By clicking “Accept” you accept the Terms and Conditions of using or accessing any FeelPlus Service or related services. If you are using a FeelPlus 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, 2024


1. OVERVIEW OF THE FeelPlus WEBSITE/PLATFORM.

FeelPlus 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 ("FeelPlus ready device(s)"). These Terms of Use govern Customer’s use of FeelPlus Service. As used in these Terms of Use, “Service, our Service or the Service" means the personalized service provided by FeelPlus for discovering and watching FeelPlus’s 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. FeelPlus Services may change from time to time as per the discretion of FeelPlus.


2. FeelPlus ACCOUNT, MEMBERSHIP PLANS AND CANCELLATIONS:

2.1 Passwords and Account Access. The member who created the FeelPlus account and whose Payment Method is charged (the "Account Owner") has access and control over the FeelPlus account and the FeelPlus ready devices that are used to access to FeelPlus Service and is responsible for any activity that occurs through the FeelPlus 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 FeelPlus 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 FeelPlus relating to their account. FeelPlus can terminate your account or place your account on hold in order to protect you, FeelPlus or our partners from identity theft or other fraudulent activity.

2.2 FeelPlus membership will continue until terminated. To use the FeelPlus service you must have Internet access and a FeelPlus ready device, and provide FeelPlus 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 FeelPlus 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 FeelPlus 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. FeelPlus 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 FeelPlus membership by visiting FeelPlus website at the top of the pages of the FeelPlus website under “Membership” tag.

2.4 FeelPlus may provide Customer with a FeelPlus Service or FeelPlus Code for free or on a trial basis (a “Free Access Subscriptions”) at FeelPlus’s 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. FeelPlus may terminate Customer’s right to use any Free Access Subscriptions at any time for any reason or no reason in FeelPlus’s sole discretion, without liability and the Customer understands and agrees that such Free Access Subscription is granted at the sole discretion of FeelPlus.

2.5 Billing and Cancellation

2.5.1 Billing Cycle. The membership fee for the FeelPlus service and any other charges Customer may incur in connection with Customer’s use of the FeelPlus 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 FeelPlus Website. The length of Customer’s billing cycle will depend on the type of subscription chosen when Customer sign-up for the FeelPlus 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 FeelPlus 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, FeelPlus may suspend Customer’s access to the FeelPlus Service until FeelPlus 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. FeelPlus 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 FeelPlus membership at any time, and Customer will continue to have access to the FeelPlus service through the end of Customer’s billing period. To the extent permitted by the applicable law, payments are non-refundable and FeelPlus does not provide refunds or credits for any partial membership periods or unwatched FeelPlus content. If Customer cancels FeelPlus membership, Customer’s account will automatically close at the end of current billing period. If Customer signed up for FeelPlus using Customer’s account with a third party as a Payment Method and wish to cancel Customer’s FeelPlus 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 FeelPlus service through that third party. Customer may also find billing information about Customer’s FeelPlus 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 at least 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. FeelPlus may change Membership plans and the price of FeelPlus 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 FeelPlus.


3. FeelPlus SERVICES.

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

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 FeelPlus Services. Minors may strictly access the FeelPlus Service under adult supervision. FeelPlus shall in no way be liable for unauthorized/ unsupervised access to the FeelPlus Services by the Customer.

3.3 Customer may permit its authorized users to use the FeelPlus 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 FeelPlus Services is available only in certain locations. The content offered under FeelPlus Services (including subtitled and dubbed audio versions of content) and how FeelPlus offers content to Customers will vary over time and by location. FeelPlus 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 FeelPlus 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 FeelPlus Service at your sole risk, and FeelPlus has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and FeelPlus does not guarantee their accuracy. Viewer discretion is advised for viewing the content available via FeelPlus Services. Customer acknowledges that it is aware of the laws of its territory regarding the any explicit content and agrees to abide by such laws and indemnifies FeelPlus against any/all claims that arise due to breach of any law in the Customer’s territory.

3.6 Customer must not (i) transfer, copy or display the content available through FeelPlus 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 FeelPlus Service; or (v) use the Service or Content for any commercial or illegal purpose.

3.7 The quality of the display of the FeelPlus 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. FeelPlus software is developed by, or for, FeelPlus and is designed to enable viewing of content through FeelPlus 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 FeelPlus and related third-party software.


4. TERMINATION.

FeelPlus may terminate Customer’s access to FeelPlus Service, including any subscription available as part of the FeelPlus Service, at the sole discretion of FeelPlus 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 FeelPlus may, in its discretion, immediately revoke Customer’s access to the FeelPlus Service without refund of any fees.


5. WARRANTIES AND LIMITATIONS ON LIABILITY.

The FeelPlus 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 FeelPlus exceed the amount paid under Membership Plan.


6. CLASS ACTION WAIVER.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FeelPlus 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 FeelPlus 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 Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of India and courts in Mumbai shall have exclusive jurisdiction over the disputes arising out of these Terms and Conditions.

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

7.3 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.

7.4 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.

7.5 Changes to Terms of Use and Assignment. FeelPlus 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.

7.6 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 FeelPlus Services, to understand our practices.


9. APP PERMISSIONS.

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


10. ADDITIONAL FeelPlus 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 FeelPlus Services (the "FeelPlus Software").

10.1 Use of the FeelPlus Software. Customer may use FeelPlus Software solely for purposes of enabling Customer to use the FeelPlus Services including all features and functionalities associated therewith as provided by FeelPlus , 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 FeelPlus 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 FeelPlus Software in whole or in part. All software used in any FeelPlus Service is the property of FeelPlus or its software suppliers and is protected by laws of India and 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 FeelPlus Service.

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

10.3 Use of Third Party Services. When you use the FeelPlus 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 FeelPlus Service / with the FeelPlus Software, whether in whole or in part; insert any code or product or manipulate the Content of the FeelPlus 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 FeelPlus 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 FeelPlus Software at any time and without notice to you. You agree that you may automatically receive updated versions of the FeelPlus and related third-party software.

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