Legal Notice

1. Scope

Subject to these Terms of Use, we, mix&match GmbH, Oranienstraße 183, 10999 Berlin, Germany (hereinafter “We“) enable our customers (hereinafter also “Users” or “You”) to use our secured online platforms (hereinafter “Website(s)” or “Service“). These terms and conditions govern the ordering and use of our services. Any deviating terms and conditions of the customer shall not apply unless we have agreed to their validity in writing.

2. Scope of services
   • We provide our customers with an online platform with paid video-on-demand content, in particular films, series, magazines and trailers (hereinafter “Content“) at .
   • You are entitled to use our platform in accordance with and within the limits of these Terms of Use and, in particular, to retrieve content. The permissible scope of use results from the type of your user account and the payment model.
   • The availability of our platform depends on many different factors, some of which are beyond our control, such as the operation and load of the Internet and the network infrastructure. We do not guarantee that our platform is always available and that all content is always accessible. We endeavour to remedy any failures of the platform as quickly as possible.
   • We may temporarily restrict access to and performance of our Platform if necessary for maintenance, updates, security and system integrity. We will notify you in advance of any extended maintenance.
3. Registration and conclusion of contract
   • is only possible after personal registration and creation of a user account (account). After the customer has entered his data and clicked on an “order subject to payment” button, we will confirm receipt of the offer to the customer by sending an automatically generated e-mail to the address provided (“order confirmation”). This e-mail does not constitute an acceptance of the offer.
   • We can accept the customer’s offer by confirming the conclusion of the contract in a further e-mail (“order confirmation”) or by granting access to our platform through the access data (login and password) selected by the user.
4. Conditions of use and obligations of the customer
   • The minimum requirements for the use of the website can be found on the subpage “Minimum requirements” on our website. The customer is responsible for compliance with these requirements.
   • You confirm that you are at least 18 years of age or have reached the age of majority in the country from which you are accessing the Website and that you are fully capable and able to enter into the terms, conditions, obligations, representations and warranties set out in these Terms of Use and to comply with these Terms of Use. If you are under 18 years of age or have not reached the applicable age of majority, you may not submit any personal information to us or use the Websites.
   • You are obliged to provide true and complete information in the course of registration and to keep the data up to date at all times. In order to use our service, you must specify one or more payment methods. We reserve the right to check the information provided.
   • You must treat the access data (login and password) confidentially and protect it from access by unauthorised persons. The disclosure of access data to third parties is not permitted. , you must inform us immediately. In this case, we are entitled to temporarily block your user account in order to prevent misuse.
   • You represent that the jurisdiction from which you are accessing the Site does not prohibit the receipt or viewing of sexually explicit content.
5. Technical requirements, costs of Internet use, security
   • To use our service, you need internet access and a compatible device. You are responsible for operating the hardware and software required for use, as well as the necessary internet connection.
   • Please note that depending on the agreement with your Internet provider, charges may apply for the transferred data volume. The data volume is considerable when streaming movies. Especially for mobile internet use and use from abroad (roaming), significant charges may apply.
   • You may only use the services offered by us for the intended purpose and must refrain from doing anything that could impair the availability of our services to other customers. In particular, you agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information from our Services (except as expressly authorized in these Terms of Use). You also agree not to circumvent, remove, modify, disable, degrade, prevent, or take any other action contrary to these Terms of Use with respect to any copy protection in our Service.
6. Scope of use and rights of use
   • You are entitled to access the content offered on our platform as an online stream via your end devices, depending on the availability, type of your user account.
   • Our Service and any Content accessed through the Service are for your personal and non-commercial use only and may not be shared with anyone not living in the same household. During your membership, we grant you a limited, non-exclusive and non-transferable right to access the Service and Content. Other than that, no right, title or interest is transferred to you. You agree not to use the Service for public performances.
   • (e.g. PC, laptop, tablet or smartphone) that is located within the geographical region for which the respective content is available. We reserve the right to verify compliance with this obligation by technical means (in particular by checking the IP address, login data, payment data and by setting cookies on your end device). For licensing reasons, access to content may be or become temporarily and/or territorially restricted. Information on this can be found in the respective description of the content.
   • The respective available offer on our platform is subject to the actual availability and results from the selection list and description of the contents. A certain selection of content, amount of content and also the provision of certain content for a certain period of time are not owed. On the contrary, our offer can change, increase and decrease continuously. We are entitled to remove content from our platform at our own discretion.
7. Prices and terms of payment
   • The customer agrees to pay a usage fee, starting from the conclusion of the contract. The length of your billing period depends on the subscription type you choose when registering for the Service and is due for payment in advance (“Billing Period”). Your payment date may change, for example if the amount could not be debited from your payment method, if you change your subscription or if your paid membership started on a day that does not exist in that month.
   • The amount of the usage fee depends on the respective usage package ordered and results from the prices shown on our website. The prices listed on the website are in the currency indicated and include all taxes. If no currency is indicated, the prices are in Euro. The amounts stated at the time of registration apply.
   • The membership fee for our service will be debited from the payment method you specify. . There the customer will find all details about the associated payment terms and any fees. The data processing of the payment terms is described in the privacy policy. You authorize us to charge any payment method associated with your account if your primary payment method is declined or is no longer available to us for payment of your subscription fee. If a payment cannot be successfully processed, for example, because the applicable payment method has expired, your access to our Service may be suspended until we successfully debit a valid payment method. For certain payment types, the issuer of the payment type may charge a certain fee, such as a foreign transaction fee or payment processing fees. Local applicable taxes may vary depending on the payment type. For more information, please contact the service provider of your payment type.
   • In case of default, we are entitled to charge statutory default interest and to restrict or completely block access to our services until the arrears have been settled. In the event that your payment method does not successfully process the debit of a subscription fee, you authorize us to charge you an administrative fee of up to EUR 1.99 to temporarily keep your subscription active until the full subscription fee can be successfully processed and your subscription can be fully renewed.
8. Changes to the price and subscription offer; promotions
   • We may adjust the price of our subscriptions at the end of their respective billing periods. Price changes apply at the earliest 30 days after notification to you. The user has the right to terminate the subscription prematurely at the time of the change in remuneration. The cancellation is effective if it is made in the form agreed for the ordinary cancellation and is received by us at least two weeks before the date of the change in remuneration.
   • If the price of an individual cost element changes, the price of the end product may also change, but only to the extent that the change in the price of the respective cost element has a proportionate effect on the price of the end product. Cost elements are, for example, production and licensing costs, costs for the technical provision and distribution of our service, administrative, marketing and other costs, e.g. rent, financing, personnel, service provider costs, IT systems and energy as well as government-imposed fees, contributions, taxes and duties. All price changes will apply no sooner than 30 days after notice is given to you. You may cancel your membership at any time during the notice period to avoid future charges.
   • We are free to offer promotional offers or memberships (“Offers”). For example, a subscription to our services may begin with a free offer. If the duration of the free trial period is stated differently in terms of time when you sign up, this information will take precedence over sentence 3. Restrictions may apply to combinations with other offers. Eligibility for an offer is determined by us in our sole discretion, and we reserve the right to revoke an offer and suspend your account if we determine that you are not eligible. In order to check your eligibility status for an offer, we are authorized to access information such as the device ID, payment method, or email address already used for an existing or until recently existing membership.

9.             Instruction regarding Your Right of Withdrawal

   9.1.     Right of Withdrawal

   You have the right to withdraw from the contract within fourteen (14) days without giving any reason. The withdrawal period shall be fourteen (14) days and starts on the day of conclusion of the contract. In order to exercise your right of withdrawal, please send us – mix&match GmbH, Oranienstraße 183, 10999 Berlin, Germany, hello@getcheex.com – an unambiguous message (e.g. via regular postal mail or an email) informing us about your decision to withdraw from this contract. You can do so by using the sample withdrawal form as provided below, but using this form is not mandatory. The deadline is deemed to be met if you post the notice of withdrawal prior to the expiry of the withdrawal period.

   9.2.     Consequences of Withdrawal

   If you withdraw from the contract, we will refund all payments which we have received from you, including shipping costs (except from any additional costs arising due to the fact that you have not opted for the cheapest standard shipment offered by us) immediately and no later than fourteen (14) days after receipt of your notice of withdrawal. For the refund we use the same method of payment that you have used for the original transaction, unless otherwise agreed with you; in no event, we will charge a refund fee.

   9.3.     Expiration of the Right of Withdrawal

   In the case of a contract for the supply of digital content that is not contained in a tangible medium, the right of withdrawal expires also if we began with the performance of the contract after you (i) have expressly consented to us beginning with the performance of the contract prior to expiry of the withdrawal period, (ii) have acknowledged that by your consent, you would lose the right to withdraw from the contract upon the performance of the contract having commenced and (iii) we have provided you with confirmation of your consent to immediate performance and your acknowledgement of the expiry of the right of withdrawal as well as the other information required by law in the duplicate or confirmation of our contract on a durable medium.

   Sample Withdrawal Form

   (If you wish to withdraw from this contract, please fill out this form and send it back to us.)

   –       To mix&match GmbH, Oranienstraße 183, 10999 Berlin, Germany, hello@getcheex.comm: –       I/We (*) hereby withdraw for the contract concluded by me/us (*) on the sale of the following goods (*)/the provision of the following services (*) –       Ordered on (*)/Received on (*) –       Name of the consumer(s) –       Address of the consumer(s) –       Signature of the consumer (only for notice on paper) –       Date

   (*) delete where not applicable.

    

10. Warranty and liability
    • The warranty shall be governed by the statutory provisions.
    • The customer acknowledges that the availability of our services is dependent on the functioning of the Internet and its infrastructure, over which we have largely no influence. If we are prevented from providing our contractual services due to force majeure (e.g. strike, natural disasters) or other circumstances for which we are not responsible (e.g. technical failure of third parties), we will inform the customer of this as soon as possible. We also cannot exclude downtimes due to necessary maintenance work. The customer declares that he will not assert any claims for damages or warranty claims for such downtimes.
    • Insofar as this does not conflict with mandatory law, we shall be liable exclusively for damages that we or our vicarious agents have caused to the customer intentionally or through gross negligence. This does not apply to liability for personal injury and claims under the Product Liability Act. As far as legally permissible, our liability is limited to the typical, foreseeable damage.
11. Commencement and duration of the contractual relationship; termination
    • The contractual relationship with customers begins with our acceptance of the order and is concluded for an indefinite period. You can cancel your membership at any time and continue to use our service until the end of your billing period.
    • If you used a third party payment method when you registered and wish to cancel your membership, you may need to do so through that third party. To do this, you may need to access your account with the relevant third party provider and turn off auto-renewals there, or unsubscribe from the Service through that third party provider. We may terminate your account by giving you thirty days’ notice in text form. The termination will take effect at the end of your current billing period.
    • In addition, each contracting party is entitled to terminate the contractual relationship at any time for good cause. Such good cause shall be deemed to exist in particular if the customer seriously breaches an obligation arising from this agreement and has not remedied its breach of contract even after being requested to do so by setting a reasonable deadline of at least 14 days.
12. Changes to these terms of use

We are entitled to amend these Terms and Conditions of Use at any time. We will inform the customer of such changes by sending the amended terms and conditions to the e-mail address last notified to us. If the user does not object to changes in writing or by the agreed electronic means at the latest before the proposed date of entry into force, the changes shall be deemed accepted. If the customer does not object or terminate within the period, the amended terms and conditions shall be deemed to have been agreed. We will specifically draw the customer’s attention to the significance of his conduct at the start of the proposed period.

13. Complaint Reporting Process

14. Prohibited Content Guidelines

At CHEEX we maintain strict guidelines regarding the content displayed. Creators are prohibited from submitting, sharing, or distributing any material that contravenes applicable laws or regulations, promotes hate speech, discrimination, violence, explicit or adult themes, misleading information, intellectual property infringement, spam, malicious activities, sensitive personal information, child exploitation, or any other content deemed unsuitable by CHEEX. Our team reserves the right to review and remove any content that breaches these guidelines without prior notice. Users acknowledge that CHEEX may take appropriate action, including the removal of content and termination of user access, for violations of these guidelines. By accessing our platform, users agree to abide by these Prohibited Content Guidelines.

15. Final provisions
    • The place of performance is the registered office of our company.
    • The contract of use is exclusively subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of international private law.
    • The contractual language is German.
    • You will receive account-related information (e.g. payment authorizations, invoices, changes to the password or payment method, confirmation and other notifications) exclusively in electronic form, for example as an e-mail
    • The text of the contract will not be saved. We recommend the customer to archive our order confirmation and the GTC attached as annex to .
    • The exclusive place of jurisdiction is Berlin Germany.
    • The invalidity of a provision of this user agreement shall not affect the validity of the remainder of the agreement.