Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and CombatVision, Inc., doing business as CombatVisionTV ("CombatVisionTV," "we," "us," or "our"). They govern your access to and use of https://combatvisiontv.com, our mobile and connected-TV applications, our video players, livestreams, on-demand programming, accounts, subscriptions, pay-per-view offerings, and related products and services (together, the "Service").

1. Accepting these Terms

These Terms apply when you accept them. You accept them by selecting "I Agree" — or a similarly labelled control — when you create an account or complete a purchase. We show you links to these Terms and to our Privacy Policy next to that control before you select it, and we keep a record of your acceptance, including which version you accepted and when.

You must accept these Terms before we give you access. If you do not agree to them, do not create an account and do not purchase access. If you are accepting on behalf of an organization, you confirm that you have authority to bind it, and "you" in these Terms includes that organization.

Our Privacy Policy, at https://combatvisiontv.com/privacy, explains how we handle personal information. It is a disclosure document rather than part of this contract, and it does not create contractual obligations. The separate consent described in section 8 of that Policy, concerning your viewing records, is given separately and is not part of these Terms.

Terms shown at the point of sale for a specific event, promotion, subscription plan, or purchase also apply to that transaction. Where those terms conflict with these Terms, the more specific terms control for that transaction only.

2. Eligibility, and users under 18

You must be at least 13 years old to create an account or use an account-based part of the Service. The Service is not directed to children under 13.

If you are under 18, you may use the Service only where a parent or legal guardian has given verified consent through the app store or platform from which you obtained the application, and where that parent or guardian accepts these Terms and takes responsibility for your use. We rely on the age category and parental consent signals that app stores and operating systems provide to us. We do not treat these Terms as enforceable against a person under 18 for whom we have not received a verified parental consent signal.

Some content, purchases, and features carry a higher age requirement, and we apply it. As our Privacy Policy explains, we do not show targeted advertising to any user we know or should know is under 18, and we do not sell or share their information.

Combat-sports programming contains real violence, injury, blood, strong language, flashing lights, and other mature material. Viewer discretion and parental supervision are advised. Age ratings, content descriptions, and parental-control settings are available on your device and platform, and we encourage you to review them before watching or letting a young person watch.

3. Your account

Give us accurate information and keep it current — in particular your email address, because that is how we send you renewal reminders, price-change notices, and other messages these Terms require. Your account is for your personal use unless your plan expressly permits additional users.

You are responsible for keeping your credentials confidential and for activity that occurs through your account. Tell us promptly at [email protected] if you suspect unauthorized access. We may ask you to verify your identity before we restore access or process an account or privacy request.

You may request deletion of your CombatVisionTV account by emailing [email protected] or by using any account-deletion method made available in the Service. Deleting your account does not cancel a subscription billed by Apple, Google, Roku, Amazon, or another platform; you must cancel that subscription separately through the billing platform as explained in section 9.

4. Your licence to use the Service

Subject to these Terms and to your plan, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable licence to access and view the Service and its content for private, non-commercial entertainment. The number of registered devices, simultaneous streams, territories, and viewing periods may be limited as stated in the Service or on the purchase screen.

The Service and its content are licensed to you, not sold. No ownership right passes to you, and all rights not expressly granted are reserved.

5. Live events, availability, and blackouts

Live combat sports change, often at short notice. Bouts, fighters, venues, start times, commentators, sanctioning status, titles, undercards, and broadcast windows may be changed, postponed, shortened, or cancelled because of injury, a medical or regulatory decision, travel or venue problems, weather, rights restrictions, production issues, or other circumstances. Except as section 11 provides or the law requires, a change to a fight card, bout order, commentator, or start time does not by itself entitle you to a refund.

Content may be live, delayed, edited, replayed, removed, or available only for a limited period. Territorial restrictions and blackouts apply based on your location, your device, our distribution rights, and applicable law. We enforce them using IP-based location and, where a specific rule requires it and you grant permission, coarse device location. We do not guarantee that any particular content will remain available.

Internet, device, power, venue, and network conditions affect stream quality. Brief buffering, latency, resolution changes, and interruptions can happen. Section 11 explains what we do if a paid event fails.

6. Prices, plans, and what we tell you before you pay

The Service may include free, advertising-supported, subscription, promotional, and one-time purchase offerings. Before we collect your billing information, we clearly and conspicuously disclose all the material terms of the transaction, including:

• the price, and the currency and any taxes that apply;
• the billing interval and the length of the renewal term;
• that the subscription renews automatically until you cancel, where it does;
• any price that will apply after a trial or promotional period ends;
• what you get during each period, including the content or events included; and
• how to cancel.

Prices vary by platform, territory, currency, tax treatment, and offer. You authorize the applicable billing provider to charge the payment method associated with your purchase, including applicable taxes.

Purchases made through the Apple App Store, Google Play, Roku, Amazon, a smart-TV platform, or another third party are billed and administered by that provider, and its payment, renewal, cancellation, and refund rules also apply. We do not receive your full payment-card number from those platforms.

7. Automatic renewal

Unless the purchase screen says otherwise, a subscription renews automatically for the same billing period at the price then disclosed, until you cancel.

Where required by law or platform policy, automatic-renewal terms are presented clearly before purchase and any required affirmative consent is obtained through the applicable checkout or platform process. Records are retained for the period required by applicable law and platform rules.

After purchase, you will receive the confirmation and disclosures provided through the applicable billing platform or checkout process, including available information about renewal, cancellation, and trial conversion.

7.1 Reminders we send you

Renewal, trial-conversion, and continuous-service reminders will be sent where required by applicable law or platform policy, using the timing and content required for the transaction and billing method.

• between 3 and 21 days before a free trial or promotional price lasting more than 31 days comes to an end;
• between 15 and 45 days before each renewal of a subscription whose initial term is one year or longer; and
• once a year, for any continuous or multi-year arrangement.

7.2 Price changes

We will give you between 7 and 30 days' advance notice before any change to your fee takes effect, and you may cancel before it does. A price increase applies no earlier than your next renewal after we have given you the required notice and, where consent is required, obtained it. Where a platform bills you, that platform may send the notice instead of us.

8. Trials and promotional offers

Where we offer a free or discounted trial, the offer terms shown when you enrol control. Unless you cancel before the trial ends, it converts to a paid, automatically renewing subscription at the price we disclosed to you, and we will have reminded you first as section 7.1 describes. Eligibility may be limited to new or otherwise qualifying users. We may revoke an offer obtained through fraud, abuse, duplicate accounts, or breach of the offer terms.

9. How to cancel

You may cancel an automatically renewing subscription at any time, and you may always cancel using the same method you used to subscribe.

9.1 If you subscribed directly through us

Use the cancellation method identified at checkout, in your account settings if available, or in the applicable billing platform. We will not require an unreasonable step that obstructs or delays cancellation.

Any retention offer presented during cancellation will not eliminate or obscure an available cancellation method.

Where self-service cancellation is available, you do not have to contact us. You may also request assistance by emailing [email protected] or calling +1 346-268-1590 during business hours.

9.2 If a platform bills you

Cancel through your account with that platform. We will tell you which platform bills you and where to go.

9.3 What cancelling does

Cancelling stops the next renewal. It ordinarily takes effect at the end of the period you have already paid for, and you keep access until then unless the platform states otherwise. Uninstalling the application, stopping use, or deleting your CombatVisionTV account does not cancel a subscription billed by a third party.

10. Refunds

Except where the law requires otherwise, where section 11 provides otherwise, or where the applicable offer says otherwise, payments are non-refundable, we do not give credit for partial periods or unused viewing, and a one-time event purchase is final once access begins.

Nothing in these Terms limits any refund, cancellation, withdrawal, or other consumer right that applicable law does not permit us to waive.

11. If an event does not happen, or you cannot watch it

If the main event advertised for a pay-per-view you purchased does not take place at all, we will refund your purchase in full, or at your choice give you credit toward a future event.

If the main event takes place but you were unable to watch a material part of it because of a failure on our side — a Service-wide outage, a failure of our streaming infrastructure, or an error in our entitlement or geographic enforcement that wrongly denied you access — contact us within 7 days and we will give you a full refund or credit, at your choice.

Changes to the undercard, bout order, or commentators, changes to the start time, and changes caused by a fighter's injury or withdrawal, a medical or regulatory decision, or other circumstances outside our reasonable control do not by themselves entitle you to a refund. We will tell you about them as soon as we can.

Interruptions caused by your own internet connection, device, network, or power supply are not a failure on our side, though our support team will help you troubleshoot.

Where your purchase was billed by Apple, Google, Roku, Amazon, or another platform, we will honour this policy through that platform's refund process and will tell you how to make the request. To ask for a refund under this section, email [email protected] with your account email and the event name.

12. Intellectual property

The Service and its software, video, audio, graphics, photographs, logos, trademarks, commentary, statistics, metadata, compilations, and other materials are owned by or licensed to CombatVisionTV and are protected by copyright, trademark, contract, and other laws. "CombatVisionTV," "CombatVision," our logos, and associated names and designs may not be used without our prior written permission. Rights not expressly granted are reserved.

We reserve all rights in the Service and its content against text and data mining, and against any reproduction for the purpose of training or developing machine-learning or artificial-intelligence systems. This reservation is made expressly and in machine-readable form for the purposes of Article 4(3) of Directive (EU) 2019/790 and any equivalent provision, and it applies in addition to section 13.

13. What you may not do

You may not, and may not help or enable anyone else to:

• record, copy, download, reproduce, rebroadcast, restream, publicly perform, distribute, sell, sublicense, or commercially exploit any stream or content, except through a feature we expressly provide;
• share your credentials outside the users your plan permits, exceed the simultaneous-stream or device limits, or obtain access through fraud or a false location;
• circumvent digital-rights management, encryption, watermarking, authentication, geolocation, blackout, payment, or access-control measures;
• scrape, index, frame, mirror, archive, or data-mine the Service, or use bots, automated tools, or artificial-intelligence systems to ingest, train on, summarize, reproduce, or create derivative works from protected streams or content, without our written permission;
• reverse engineer, decompile, disassemble, probe, interfere with, overload, or attempt unauthorized access to the Service, its source code, other accounts, our networks, or our security systems;
• remove or alter copyright, trademark, attribution, watermark, or rights-management notices;
• use the Service to break the law, infringe anyone's rights, harass or defraud anyone, impersonate another person, transmit malware, or interfere with another user's experience; or
• use content, data, credentials, or access obtained from the Service to operate a public exhibition, a commercial venue display, a competing service, an illegal gambling operation, or an unauthorized betting-data product.

Unauthorized restreaming and circumvention cause harm that is difficult to measure. We may use forensic watermarking, device and account signals, and other lawful anti-piracy measures; we may terminate access and preserve evidence; and we may seek injunctive relief, damages, costs, and any other remedy available to us.

14. Feedback and things you send us

The Service does not include public posting, commenting, uploading, contest, or social features. If we add any, we will update these Terms first and give you notice as section 28 requires.

If you send us feedback, suggestions, bug reports, or support materials — including screenshots or recordings you choose to attach to a support request — you confirm that you have the rights to send them and that they are lawful. You grant us a worldwide, non-exclusive, royalty-free licence to use that material as reasonably necessary to operate, secure, support, and improve the Service. Feedback and suggestions may be used without restriction or compensation to you. Please do not send us confidential information through feedback or support channels.

Where material you send us contains your personal information, our Privacy Policy governs how we handle it, including how long we keep it and how deletion works. If you delete your account, we delete or deidentify the material you sent us in accordance with the retention periods in that Policy, except where we must keep it for a legal or security reason.

15. Copyright complaints and repeat infringers

15.1 Our designated agent

Copyright notices may be sent to the following contact. We do not represent that a designation has been filed with the United States Copyright Office unless and until that filing is completed:

15.2 Sending us a takedown notice

If you believe material available through the Service infringes your copyright, send our Copyright Agent a written notice containing:

• your physical or electronic signature;
• identification of the copyrighted work you say has been infringed;
• identification of the material you say is infringing, and information reasonably sufficient for us to locate it;
• your name, address, telephone number, and email address;
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf.

15.3 Counter-notification

If we removed or disabled material of yours and you believe that was a mistake or a misidentification, you may send our Copyright Agent a counter-notification containing:

• your physical or electronic signature;
• identification of the material and the location at which it appeared before it was removed or disabled;
• a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and
• your name, address, and telephone number, together with your consent to the jurisdiction of the federal district court for the judicial district in which your address is located — or, if your address is outside the United States, any judicial district in which we may be found — and your agreement to accept service of process from the person who sent the original notice.

If we receive a valid counter-notification we will promptly forward it to the person who sent the original notice, and we will restore the material and stop disabling access to it in not less than 10 and not more than 14 business days after we receive your counter-notification, unless that person first tells us they have filed an action seeking a court order to restrain the activity.

15.4 Repeat infringers

We have adopted and we reasonably implement this repeat-infringer policy, and we apply it in practice rather than only on paper.

An account that is the subject of a valid takedown notice receives a written strike, and we tell the account holder. On the third strike we terminate the account and the associated access. We may terminate sooner where the circumstances warrant — in particular for unauthorized restreaming, circumvention of our access controls, or commercial-scale infringement. We may decline to open a new account for a terminated user. A strike is removed from an account if the underlying notice is withdrawn or is successfully counter-noticed and the material is restored.

15.5 False claims

Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees. Please do not send a notice or a counter-notification unless you are confident it is accurate.

16. Third-party services and links

The Service relies on and may link to app stores, billing providers, streaming and content-delivery networks, social-login providers, advertisers, analytics services, event promoters, sanctioning bodies, ticketing sites, and other third parties. Their services and terms are separate from ours. We do not control and are not responsible for third-party content, security, availability, transactions, or privacy practices. A link or an integration is not necessarily an endorsement.

17. No wagering, and no professional advice

CombatVisionTV does not accept wagers, hold betting funds, or operate a sportsbook. Any odds, statistics, predictions, records, or rankings shown through the Service are informational or entertainment content, and they may be delayed, incomplete, or inaccurate. You are solely responsible for complying with the gambling laws that apply where you are, and for any dealings you have with a licensed third-party operator.

Content about training, injury, weight management, nutrition, or combat-sports performance is not medical, legal, financial, or other professional advice and is not a substitute for advice from a qualified professional. If you are considering training or competing, speak to a doctor first.

18. Accessibility and closed captioning

We are working to make the Service usable by everyone, and we aim to conform to the Web Content Accessibility Guidelines at level AA across our website and applications.

Where we deliver video programming that was previously published or exhibited on television in the United States with captions, we provide captions for that programming as the law requires, and we work to keep caption quality accurate, synchronous, complete, and properly placed.

If you have a problem with captions, audio description, or accessibility, or want to make a complaint, contact us and we will respond:

19. Suspension, termination, and discontinuation

We may investigate suspected breaches of these Terms and may restrict, suspend, or terminate your access, cancel promotional benefits, or remove material, if we reasonably believe you have breached these Terms; created legal, security, payment, rights, or reputational risk; engaged in fraud or piracy; or if the law or a platform provider requires it. Where it is practicable we will give you notice and an opportunity to put things right first, but immediate action is sometimes necessary.

We may also discontinue the Service, or a particular subscription tier, altogether. If we do, we will give you at least 30 days' notice where practicable and refund the unused portion of anything you have prepaid, on a pro-rata basis.

Termination does not cancel payment obligations you have already incurred, and section 29.1 lists the provisions that survive it.

20. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." COMBATVISIONTV AND ITS AFFILIATES, LICENSORS, PROMOTERS, DISTRIBUTORS, SERVICE PROVIDERS, AND REPRESENTATIVES DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE, OR ANY EVENT, STREAM, SCORE, RECORD, STATISTIC, COMMENTARY, OR SCHEDULE, WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLETE, TIMELY, OR AVAILABLE IN EVERY TERRITORY OR ON EVERY DEVICE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in this section affects statutory rights that applicable law does not permit us to waive.

21. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMBATVISIONTV AND ITS AFFILIATES, LICENSORS, PROMOTERS, DISTRIBUTORS, SERVICE PROVIDERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS; OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO COMBATVISIONTV FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) US $100.

These limitations do not apply to, and nothing in these Terms excludes or limits, liability that cannot lawfully be excluded or limited, including:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• wilful misconduct or gross negligence;
• breast of our confidentiality obligations to you;
• our obligations to give refunds under section 11; and
• any other liability that applicable consumer or other law does not permit us to limit.

22. Indemnification

To the extent the law permits, you will defend, indemnify, and hold harmless CombatVisionTV and its affiliates, licensors, promoters, distributors, service providers, officers, directors, employees, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable costs, including reasonable attorneys' fees, to the extent they arise from:

• your recording, copying, restreaming, redistribution, or public exhibition of content from the Service;
• your circumvention of our digital-rights management, watermarking, geolocation, blackout, or access-control measures;
• your sharing of credentials outside the users your plan permits; or
• material you send us that infringes another person's rights.

This obligation does not apply to the extent a claim arises from our own negligence or misconduct, and it does not apply where the law prohibits it. If we seek indemnification we will notify you promptly of the claim, give you the opportunity to participate in the defence with counsel of your own choosing, cooperate reasonably with you at your expense, and not settle the claim in a way that imposes an obligation on you without your consent.

If you are a consumer, this section applies only to the extent permitted by your applicable consumer-protection law.

23. Sorting out a problem before it becomes a dispute

Most problems can be fixed quickly. Please contact [email protected] first — refunds under section 11, billing questions, and access problems are usually resolved the same week.

If that does not work, before filing arbitration or a lawsuit the party bringing the claim must send an individualized written Notice of Dispute to [email protected] and to 9930 North Freeway, Houston, Texas 77037, United States. If you are the claimant, the notice must be personally signed by you, and must include your full name, the email address on your account, your mailing address, a detailed description of the dispute, the facts and documents supporting it, and the specific relief you are asking for. A notice signed only by a lawyer, or one that does not describe your individual circumstances, does not satisfy this requirement.

We will do the same if we are the claimant. Both parties will then try in good faith to resolve the dispute for 60 days after the notice is received, and either party may request an individualized telephone or videoconference settlement discussion during that period. Any applicable limitations period is paused during those 60 days. Completing this step is a condition precedent to starting arbitration or a lawsuit, and either party may ask a court to enforce it.

24. Dispute resolution and binding individual arbitration

24.1 Agreement to arbitrate

If a dispute is not resolved under section 23, either party may require that it be resolved by final and binding individual arbitration. The Federal Arbitration Act governs this arbitration agreement. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, as modified by these Terms.

The arbitrator may award the same individualized remedies a court could award, and may not award relief on a class, collective, consolidated, or representative basis. Hearings may take place by telephone, by videoconference, on documents alone, or in the county where you live, consistent with the applicable rules. Fees are allocated under those rules and under applicable law.

24.2 What the arbitrator decides, and what a court decides

The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, and enforceability of these Terms, and about the scope of this arbitration agreement. A court — not the arbitrator — decides whether these Terms or this arbitration agreement were formed at all, and decides any dispute concerning the class-action waiver in section 24.5.

24.3 If the administrator will not administer

If the American Arbitration Association is unwilling or unable to administer the arbitration in accordance with these Terms, the parties will use JAMS under its rules for consumer arbitration. If neither will administer, either party may ask a court to appoint an arbitrator under section 5 of the Federal Arbitration Act. A refusal by an administrator does not release either party from the agreement to arbitrate.

24.4 Multiple similar claims

If 25 or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same law firm or coordinated group of firms within a 90-day period, the following applies, and both parties agree it is fair and efficient:

• the demands will be grouped into batches of no more than 50 claimants each, with a separate batch for any demands that do not fit;
• each batch will be treated as a single arbitration with a single arbitrator, a single set of administrative fees, and a single hearing on common issues, with individualized determinations of liability and damages for each claimant;
• the first two batches will proceed as bellwether arbitrations, and the parties will use the outcomes to try in good faith to resolve the remaining demands, including by mediation if either party requests it; and
• filing fees and administrative fees for the remaining batches are deferred until the bellwether arbitrations conclude, and any applicable limitations period is paused for all deferred demands during that time.

Either party may ask a court to enforce this section. If it is found unenforceable as to a particular set of demands, it will be severed as to those demands only, and the rest of this section 24 continues to apply.

24.5 Class-action and jury-trial waiver

YOU AND COMBATVISIONTV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE DIFFERENT PEOPLE'S CLAIMS OR PRESIDE OVER ANY REPRESENTATIVE PROCEEDING, EXCEPT AS SECTION 24.4 PROVIDES FOR BATCHING. TO THE EXTENT A DISPUTE PROCEEDS IN COURT, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

This waiver is an essential part of the agreement to arbitrate. If it is found unenforceable as to a particular claim or request for relief, the agreement to arbitrate does not apply to that claim or request, which will instead proceed in a court identified in section 25 after all arbitrable claims have been resolved. It is not severable from the agreement to arbitrate for that claim.

24.6 What this section does not cover

Either party may bring an eligible individual claim in small-claims court. Either party may also seek temporary or preliminary injunctive relief in court to protect intellectual-property rights, security, or against piracy or unauthorized access, while arbitration is pending.

Nothing in this section prevents you from seeking public injunctive relief. A claim for public injunctive relief may be brought in a court identified in section 25, and the agreement to arbitrate and the waiver in section 24.5 do not apply to it. Nothing in this section prevents you from reporting a concern to a government agency or regulator.

24.7 Your right to opt out within 30 days

You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these Terms, using the subject line "Arbitration Opt-Out" and including your full name, your account email address, your mailing address, and a clear statement that you are opting out. If you accepted an earlier version of these Terms, the 30 days run from your first acceptance of any version containing an arbitration agreement.

Opting out does not affect any other provision of these Terms or your ability to use the Service, and we will not treat you any differently for doing it. An opt-out applies only to the person and account identified in it.

24.8 If part of this section cannot be enforced

Except as sections 24.4 and 24.5 provide, if any portion of this section 24 is found unenforceable, it will be severed and the remainder will continue in effect.

24.9 Who this section does not apply to

This section 24 applies only to the extent permitted by applicable law.

25. Governing law and where disputes are heard

Except to the extent the Federal Arbitration Act preempts it, or non-waivable consumer law requires otherwise, these Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules.

Any dispute permitted to proceed in court must be brought exclusively in the state or federal courts located in Harris County, Texas, except that an eligible small-claims action may be filed where the applicable rules permit.

Nothing in these Terms deprives you of mandatory protections under the law where you live.

26. Platform-specific terms

Where you obtain or use our application through a third-party platform, that platform's terms and usage rules also apply to your use of the application, and its payment, renewal, cancellation, and refund rules apply to purchases it bills. If any provision of these Terms conflicts with a term that a platform requires us to apply to you, the platform's term controls for that platform, and the rest of these Terms continue to apply. Section 30.2 does not displace any platform term that the platform requires to control.

26.1 Apple

If you obtain or use our application through Apple Inc. ("Apple"), the following applies in addition to the rest of these Terms:

• These Terms are between you and CombatVisionTV, not Apple. CombatVisionTV, not Apple, is solely responsible for the application and its content.
• The application is licensed, not sold, to you. The licence is non-transferable and limited to use on Apple-branded products that you own or control, as permitted by the Apple Media Services Usage Rules, including any permitted Family Sharing or volume purchasing.
• CombatVisionTV, not Apple, is solely responsible for maintenance and support. Apple has no obligation to provide either.
• To the extent any warranty applies and the application fails to conform to it, you may notify Apple, and Apple will refund the purchase price to the extent it is required to. To the maximum extent permitted by law, Apple has no other warranty obligation, and CombatVisionTV is responsible for any other claims, losses, or costs attributable to a failure to conform to a warranty.
• CombatVisionTV, not Apple, is responsible for addressing claims relating to the application, including product-liability claims, claims that the application fails to conform to a legal or regulatory requirement, and claims under consumer-protection or similar law.
• If a third party claims the application infringes its intellectual-property rights, CombatVisionTV, not Apple, is responsible for the investigation, defence, settlement, and discharge of that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism, and that you are not listed on any U.S. Government prohibited or restricted-party list.
• You will comply with any applicable third-party terms when using the application.
• Apple and its subsidiaries are third-party beneficiaries of this section 26.1 and may enforce it against you.

Developer contact: CombatVision, Inc., doing business as CombatVisionTV; 9930 North Freeway, Houston, Texas 77037, United States; +1 346-268-1590; [email protected].

26.2 Google Play

If you obtain the application through Google Play, the Google Play Terms of Service and any applicable Google Play developer or user policies also apply to your download and use of the application, and Google administers purchases it bills. Google is not a party to these Terms and is not responsible for the application or its content.

26.3 Amazon

If you obtain the application through the Amazon Appstore or use it on an Amazon device, Amazon's Default EULA Terms apply to your use of the application in addition to these Terms. Where these Terms conflict with Amazon's Default EULA Terms, Amazon's terms control. Amazon administers purchases it bills, and Amazon is not responsible for the application or its content.

26.4 Roku and smart-TV platforms

If you use the Service on Roku, a smart TV, or another connected-TV platform, that platform's terms and privacy policy also apply to your use of its device and store, and it administers purchases it bills. Those platforms are not parties to these Terms and are not responsible for the Service or its content.

27. Export controls and sanctions

You may not use the Service, or export or re-export any part of it, in violation of United States export control or sanctions laws or any other applicable trade restriction. You confirm that you are not located in, ordinarily resident in, or organized under the laws of a country or region subject to comprehensive United States sanctions, and that you are not a person listed on any United States, United Kingdom, European Union, or United Nations restricted-party list, and that you are not acting for anyone who is. We may block access from a territory where providing the Service would be unlawful.

28. Notices, electronic records, and changes

28.1 How we contact you, and how you contact us

We give you notice by email to the address associated with your account, by message within the application, or by posting on our website where the notice is general. A notice sent by email or in the application is treated as received on the day we send it, and one posted on our website on the day we post it. Keep your email address current, because that is how we send the renewal reminders and price-change notices in section 7.

You give us notice at [email protected], or in writing to 9930 North Freeway, Houston, Texas 77037, United States. Notices under section 23 must follow the requirements in that section.

28.2 Agreeing to electronic records

By accepting these Terms you consent to receive these Terms, our Privacy Policy, purchase confirmations, automatic renewal acknowledgements and reminders, price-change notices, and other records and disclosures relating to the Service electronically rather than on paper, and you agree that our electronic records satisfy any legal requirement that they be in writing.

To receive and keep electronic records you need a device with internet access, a current browser or a current version of our application, an email account you can access, and the ability to view PDF files and to save or print what we send you. You may withdraw this consent, or ask for a paper copy of any record, by emailing [email protected]; we do not charge for a paper copy, and withdrawing consent may mean we cannot continue to provide parts of the Service that depend on electronic delivery.

28.3 Changes to the Service and to these Terms

We may modify the Service, and we may update these Terms. When we do we will post the updated version at https://combatvisiontv.com/terms, change the version number and effective date, and keep previous versions available.

If a change materially reduces your rights or increases your obligations, we will notify you by email and in the application at least 30 days before it takes effect, and we will ask you to accept the updated Terms before you continue using the Service. We will not rely on your continued use alone as acceptance of a material change. Changes apply going forward, not to anything that happened before they took effect.

Where a change to these Terms or to our Privacy Policy is a significant change under an app store accountability law, we will notify the relevant app store and obtain renewed verified parental consent for accounts belonging to users under 18 before the change applies to them.

29. General

29.1 Which provisions survive

If these Terms or your account come to an end, the following continue to apply: section 12 (intellectual property), section 13 (what you may not do), section 14 (feedback and things you send us), section 15 (copyright complaints and repeat infringers), section 19 (final paragraph), section 20 (disclaimers), section 21 (limitation of liability), section 22 (indemnification), section 23 (sorting out a problem), section 24 (dispute resolution and arbitration), section 25 (governing law), applicable consumer law where it applies to you, section 27 (export controls), and this section 29. So does any payment obligation you had already incurred.

29.2 Entire agreement

These Terms, together with any purchase terms shown to you at the point of sale, are the entire agreement between us concerning the Service, and they replace any earlier understanding on the same subject. Our Privacy Policy is a disclosure document and is not part of this agreement. This section does not displace a platform term that section 26 provides will control.

29.3 Severability, waiver, and assignment

If a provision of these Terms is unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, financing, reorganization, transfer of assets, or by operation of law, and we will tell you if we do.

29.4 Events outside our control

Neither party is liable for a delay or failure to perform caused by an event beyond its reasonable control, except that this does not excuse a payment obligation or our refund obligations under section 11.

29.5 Interpretation

Section headings are for convenience and do not affect meaning. "Including" means "including without limitation." These Terms were drafted by us, but no rule of construction requiring ambiguity to be resolved against the drafter applies.

30. How to contact us