General Terms and Conditions

I.      Opening provisions

  1. Parties. These Terms and Conditions for using KVIFF.TV regulate the rights and obligations of the contracting parties, KVIFF.TV a.s., Panská 892/1, Nové Město, 110 00 Prague 1, Company ID: 107 80 777, Tax ID: CZ10780777, entered in the business register maintained by the Municipal Court in Prague, file no. B 26283, as the service provider (“Service Provider” or “we”) and you as the user of these services (“you”).
  2. Definition of terms. For a better understanding, we here provide a summary of the terms used in this document::
    1. KVIFF.TV is an online platform accessible at and through the eponymous mobile app through which, depending on the current availability of the various functions, Services are provided.
    2. Services, or separately Service, describes:
      • Streaming, meaning time-limited access for the playback of one Title on KVIFF.TV;
      • Download, meaning the download onto your device of one Title from KVIFF.TV;
      • Subscription, meaning time-limited access to a Title on KVIFF.TV.
    3. Content means the texts, graphics and visualizations, photographs, Titles, trademarks, and designs that are a part of KVIFF.TV.
    4. Terms means these Terms and Conditions for the use of KVIFF.TV.
    5. Contract means the contract for the provisions of services within the meaning of Sec. 1746, para. 2 of Act no. 89/2012, the Civil Code as amended, concluded with use and you, on the basis of which we provide the Services.
    6. Title is film, series, or other audiovisual work available on KVIFF.TV.
    7. Civil Code is Act no. 89/2012, the Civil Code as amended.

II.    User account

  1. Registration. In order to use the Service, you must register yourself and create a user account. Registration is done by submitting the registration form on KVIFF.TV. In order to create a user account and log in, you must use a ARTS ID, the provision of which is subject to the Conditions for using a ARTS ID. You are obligated to fill in the registration form truthfully; by concluding the Contract, you confirm that all information reflects reality. You will be informed of your successful registration via an e-mail sent to the e-mail address entered in the registration form.
  2. Age limit. By your registration, you confirm that you are 18 years or older. We are authorized to ask you for documents necessary for proving your age.
  3. Conclusion of Contract. he contract is concluded the moment of your successful registration with KVIFF.TV. All presentations of the Titles on KVIFF.TV is of an informative character and does not entail a proposal by the Service Provider to conclude a contract in the sense of Sec. 1732, para. 2 of the Civil Code, and the Service Provider is not obligated to conclude a contract regarding these product items.
  4. Login information. You are obligated to secure the login information to your user account. You are obligated to ensure that this login information will be treated as confidential information and that it will be used in a secure manner in order to prevent access by third parties. You are not entitled to provide you login information to third parties. Should you do so, we shall not be responsible for the possible loss of access to your user account.
  5. Unauthorized use. If you suspect that your user account is being misused, immediately inform us of this fact.

III.    Conditions for the use of the Services

  1. Moment of provision of Services. Some Titles on KVIFF.TV are available free of charge. For others, it is necessary to pay a price according to these Terms. Titles that are not free will be made available to you (in the form of a Subscription, Streaming, or Download) the moment you pay the price in the manner outlined in these Terms.
  2. Availability of Titles. Bear in mind that the Services may not be accessible outside the Czech Republic. Some Titles may be accessible only as Streaming or only as Download or only for people with a Subscription. We are entitled to unilaterally change the available range of Titles or to determine which Titles will be available within each of our Services. Information on additional limitation to the availability of Titles on KVIFF.TV and contact information in case of technical difficulties or for filing claims may be found on KVIFF.TV, where you will also find information on the availability of Titles outside the Czech Republic.
  3. Maximum number of devices. The maximum number of devices on which the Services may be used simultaneously is limited to five. We reserve the right to change this number; any such change is announced in the manner for changing these Terms as outlined in para. 10.3.
  4. Forbidden actions and rules of behavior. When using the Services, you are obligated to proceed in accordance with these Terms, with valid legal regulations, and with the instructions contained on KVIFF.TV. While on KVIFF.TV, you may not engage in actions that might disrupt or damage its functions or unduly burden them. We are authorized to at any time halt the provision of services or your access to KVIFF.TV if you violate these Terms, valid legal regulations, or good morals.
  5. Functionality of web browsers and other software. We optimize the Services for the latest versions of web browsers. For this reason, some Services may not be available on older web browsers. The Services’ basic functionalities require an internet connection with a speed of at least 1 Mbit/s. The Services’ full functionalities require an internet connection with a speed of at least 3 Mbit/s.

IV.    Subscription, price, and payment conditions

  1. Price. The price for Streaming or for the Download of a particular Title and the price for a Subscription is listed on KVIFF.TV along with an indication of all related taxes and fees. Some Titles may not be available as part of your Subscription.
  2. Subscription and repeated payments. Subscriptions are available for a period of one month or one year. Unless you cancel your Subscription, monthly as well as annual Subscriptions are automatically renewed (i.e., every calendar month for monthly Subscriptions, or every twelve consecutive calendar months for annual Subscriptions). Payments are always performed at the beginning of the relevant subscription period.
  3. Canceling a Subscription. You may cancel your Subscription at any time via your user account at KVIFF.TV; the cancellation is effective at the end of the current subscription period already in progress. We do not provide any monetary or other compensation for not using or canceling a Subscription.
  4. Discounts. We are authorized to provide you with discounted prices or special offers relating to the price of the Services. The rules for the use of such discounts will be listed as part of the specific discount offer.
  5. Coupons. You may purchase a coupon for the use of the Services which you are authorized to present to another person as a gift. After payment of the price, we will send you a coupon with an electronic code for activating the prepaid Service. The prepaid Service is provided upon activation of the electronic code. The validity of the electronic code may be time-limited, information about which will always be provided during purchase and included with the coupon.
  6. Changes in the price of the Service for Streaming and Download and announcement thereof. We are entitled to unilaterally change the price of Streaming and Download. We are entitled to unilaterally change the price for Streaming or Download without prior announcement. The new price will be listed on KVIFF.TV. The price does not apply to Titles for which you made payment prior to the change taking effect.
  7. Changes in the price of Subscriptions and announcement thereof. We are entitled to unilaterally change the price of Subscriptions. The change in the price of Subscriptions is announced via e-mail at least one calendar month prior to the change taking effect. The change in price will not have any effect on an already paid Subscription. Should you not agree with the change in price for a Subscription, you are entitled to cancel your Subscription at the end of the relevant subscription period. If you do not cancel your Subscription during the relevant period, for the following period you will be charged the changed amount for the Subscription.
  8. Payment options. The price of the Service may be paid via a payment gateway offering payment options via payment card or rapid bank transfer, or using another supported payment method available on KVIFF.TV. Online payments are made possible by the ComGate payment gateway. The provider of this service is a licensed payment institution supervised by the Czech National Bank. Payments made via the payment gateway are fully secured and all information is encrypted. The fastest form of online payment is by card. Just enter your card number, its expiration date, and the CVC code (three numbers on the signature strip on the rear of the card) into the ComGate interface. Everything is secured using the 3D Secure standard, meaning that you will probably be asked to confirm the payment in your mobile banking app or to enter a code sent to you via text message from your bank. Payment via bank transfer involves an immediate payment via online banking. The ComGate payment gateway redirects you to your online banking, where you sign in as usual and confirm the filled-in payment order. Upon completion of payment, you will be redirected back to KVIFF.TV. The payment is confirmed immediately, and we continue with the order without delay. Contact information for the provider of payment services: ComGate Payments, a.s., Gočárova třída 1754/48b, Hradec Králové,, telephone +420 228 224 267.
  9. No increased costs for using long-distance communication. You do not incur any additional costs on our part for the use of long-distance communication in order to communicate with us and conclude the Contract. We currently do not charge you any fees for communicating with us via internet or telephone. However, you will still have to pay your provider of telecommunications services the standard fees for using these forms of communication. Use of the Services required being connected to the internet. The costs for this connection are not included in the price for the Services.

V.    Liability

  1. Elimination of liability for outages. Despite our efforts and those of our suppliers, outages may occur in the provision of the Services. We are not responsible for the uninterrupted, continuous provision of the Services. In such exceptional situations, we are not obligated to cover any direct or indirect damages resulting from an inability to connect to the Service or to KVIFF.TV.
  2. Additional elimination of liability. We are further not liable for:
    1. the timeliness, correctness, accuracy, completeness, and/or quality of the Content, including the Titles,
    2. any damage caused by the fact that you have chosen an inappropriate password or have failed to keep your password secure in contradiction to these Terms, or damage or loss caused by a third party to whom you have provided access to your user account;
    3. any damage resulting from the improper or incorrect use of KVIFF.TV;
    4. any damage resulting from a disrupted, unavailable, or insufficient data connection;
    5. the provision of the Services if their provision is prevented by difficulties on your part or on the part of others; among other things, we are not responsible for the proper provision of the Services in the event of power outages, data network outages, or other disruptions caused by third parties or acts of God.
  3. Extent of obligation to compensate for damages. We are not obligated to compensate for any damages resulting from the actions or lack of action of third parties or resulting from actions that are not a violation of these Terms. We are also not obligated to compensate for any damage caused to you as a result of your own actions or lack of action in contradiction to these Terms, or for any damage caused by circumstances ruling out an obligation to compensate for damages (acts of God).

VI.    Licenses

  1. Rights to the Content. he content is protected by intellectual property rights, including copyright, rights for the protection of trade names, and trademark rights. All rights relating to the Content (including name, code, trademarks, software, videos, images, graphics, audio, etc.) and to their individual parts are our exclusive property or the property of third parties who have provided us with a use license.
  2. Scope of use of Titles. All Titles are intended exclusively for your personal use. You are not authorized to use the Titles for commercial or business purposes. Any public use of the Titles or use of Titles in a greater scope than absolutely necessary for personal use is expressly forbidden. You are not authorized to license, rent, assign, or provide access to the Titles to third parties. You are not authorized to license, sub-license, copy, modify, or create derivative works from the Titles.
  3. License. We grant you a free, non-exclusive, and territorially unlimited license to use the Content, including the Titles. This license is time-limited by the duration of the Contract and is non-transferable and cannot be assigned to third parties.

VII.    Claims

  1. Defects in the Services. Should we provide you with defective performance, you are entitled to file a claim with us without undue delay: electronically at or in another legal manner.
  2. Definition of defect. Defective performance on our part does not include non-availability of Titles within the meaning of para. 3.2, failure of the Services to meet your expectations, or inability to use the Services due to an outage of your internet connection or technical equipment. Additionally, the situations described in para. 5.1 and 5.2 of these Terms are not considered defects in the Services as well.
  3. Claiming defects. You are obligated to exercise your rights arising from defects without undue delay upon determining the defect, or without undue delay after you could have determined the defect with the exercise of the usual attention. Claims must always be filed in writing. In your written justification of the claim, include all information necessary for an assessment of its justification, in particular:
    1. your name, surname, and contact information (telephone, e-mail);
    2. a description of the facts entitling you to file the claim; and
    3. records and documents related to the alleged facts.
  4. Processing of the claim. We will decide on the justification of the claim on the basis of your information; in this regard, we are obligated to assess and process the claim without undue delay and to inform you of the outcome of the claim process no later than 30 days after the claim was filed. If the claim is recognized, you will be provided defect-free substitute performance, unless you expressly exercise a different legal claim.

VIII.    Termination of contract, withdrawal from contract

  1. Cancellation of user account on your part. You are entitled to cancel your user account at any time. If you cancel your user account without having paid the Subscription fee, the Contract ends the moment of the user account’s can­cellation. If you have an active Subscription, the Contract ends at the end of the subscription period.
  2. Immediate cancellation of user account on our part. We are authorized to cancel your user account and to terminate the Contract without any notice period or to limit your access to the user account, KVIFF.TV, or the Titles if you violate these Terms or the relevant legal regulations. Please note that in such a case you do not have the right to be reimbursed the price for the Service that you have paid to us to that point.
  3. Cancellation of user account on our part. We are further entitled to cancel your user account and to terminate the Contract with one month’s notice. The Contract, however, will not terminate until the end of the relevant Subscription period. Once we have given notice, you are no longer authorized to order Titles or to purchase a Subscription for the subsequent period.
  4. Consent with provision of Services. You expressly consent to the Services being provided to you prior to the expiration of the withdrawal period within the meaning of Sec. 1829, para. 1 of the Civil Code. Please note that in such an event:
    1. you do not have the right to withdraw from the Contract within a deadline of 14 days if it relates to a Title available on KVIFF.TV for Download against payment. Such a case involved digital content that was not delivered on a tangible medium in the sense of Sec. 1837(l).
    2. you have the right to withdraw from the Contract within a deadline of 14 days from the moment that the Subscription price was paid; in this case, you are obligated to pay us a proportionally calculated part of the Subscription price until the moment of withdrawal, as per Sec. 1834 of the Civil Code. You may withdraw from the Contract by using the template contract withdrawal form included as Appendix no. 1 to these Terms.

IX.    Information on the character of concluded contracts and other information for the consumer

  1. Consumer contracts. The contract is concluded with you as a consumer, meaning a person who enters into a contract or otherwise acts outside the scope of their business or outside of the independent exercise of their profession. If you are not acting as a consumer, the consumer protections as per these Terms and the valid legal regulations do not apply to you.
  2. No deposits. We do not require payment of a deposit or other similar payment in association with the provision of the Services.
  3. Resolution of complaints. You may send your suggestions and complaints to us at:
  4. Supervisory bodies. The supervisory bodies that oversee our activities and to whom you may turn in the event of a complaint are:
    1. for the area of consumer protection, the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2,;
    2. in the area of trade inspection, the relevant trade licensing office;
    3. in the area of the supervision of personal data protection, the Office for Personal Data Protection, Pplk. Sochora 727/27, 170 00 Prague,
  5. Consumer disputes. In the event of a dispute between us arising from the Contract that cannot be resolved directly, you have the right to take this dispute to the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, or the Czech Consumer Association, Pod altánem 99/103, Strašnice, 100 00 Prague 10, for the purpose of an out-of-court settlement of the consumer dispute. You may exercise this right no later than within 1 year after the day on which you first exercised the right with us that is the subject of this consumer dispute. In order to file complaints relating to our services or to seek out an alternative resolution to a dispute, you may also take advantage of the European Consumer Centre the Czech Republic, Štěpánská 567/15, 120 00 Prague 2,
  6. Storage of the contract. The contract with you has been concluded in the Czech or English language and is stored by us in the form of an electronic record for our internal use. Access to it is thus not possible.
  7. Technical steps leading to the conclusion of the contract and the correction of information.. Before submitting the registration form, please check the information you have entered and change or correct it if necessary. You may later change the information in your user account.
  8. Binding rules of behavior. In providing the services, we act in accordance with effective legal regulations, but in our relationship with you we are not bound to any code of conduct.
  9. Personal data protection. The provision of services involves the processing of your personal data. The processing of your personal date is guided by the KVIFF.TV Principles for the Protection of Privacy.

X.    Final provisions

  1. Governing law. The contract and all relations arising therefrom, including questions of its creation and validity, are guided by the laws of the Czech Republic with the exclusion of conflict-of-law rules. The courts of the Czech Republic shall have jurisdiction for settling any disputes.
  2. Assignment. We are authorized to assign, in whole or in part and without your prior consent, our rights and obligations arising from these Terms to any company within the KVIFF Group or to a legal successor or purchaser or transferee of business assets associated with the Services. You are not authorized to assign, in whole or in part, any of your rights and obligations arising from these Terms.
  3. Change in Terms and Conditions. We may unilaterally change these Terms and Conditions from time to time. We will inform you of the new, up-to-date version of the Terms at the e-mail address that you linked to your user account. All notifications of a change in the Terms will be made at least 1 month before the change in the Terms takes effect. By continuing to use the Services, you express your consent with the change and with the current wording of the Terms. If you do not agree with the change in the Terms, you have the right to terminate the Contract by announcing such termination to the service provider no later than the day on which the change in the Terms takes effect.
  4. Validity of the provisions of the Terms. If any of the individual provisions of these Terms are invalid or become invalid, the validity of the other provisions shall not be affected. Invalid provisions shall be replaced by provisions that most closely approximate the purpose of the original provisions and preserve the interests of both contracting parties.
  5. Effectiveness. These Terms take effect on 16 September 2022.