Terms and Conditions for COTT Electronics Sp. z o.o. (www.cott.tv)

1. Introduction

1.1 Who We Are. Welcome to www.cott.tv, the online platform of COTT Electronics Sp. z o.o., a limited liability company registered in Poland under the following registration details:

• Company Name: COTT Electronics Sp. z o.o.
• KRS (National Court Register): 0001019972
• NIP (Tax Identification Number): 5252944045
• REGON (Business Registry Number): 524484765
• Registered Office: Mikołaja Kopernika 30 / 11A, 00-336 Warszawa, Polska

We provide cloud-based IPTV solutions and access to licensed TV channels for the hospitality industry. In these Terms and Conditions, "you" refers to the customer (person or entity) who subscribes to our services. The subscriber is responsible for ensuring compliance with these Terms by any user accessing our services through their account.

1.2 Service Overview. COTT Electronics Sp. z o.o. offers cloud-based solutions for streaming and managing IPTV services, along with access to various licensed TV channels. These services are intended to be used in compliance with Polish and EU broadcasting and copyright laws, including the EU Copyright Directive (Directive (EU) 2019/790) and the Polish Broadcasting Act (Ustawa o radiofonii i telewizji).

1.3 Access and Orders. Our platform allows for the subscription, management, and use of IPTV services and licensed TV channels. "Orders" include any subscription, renewal, or purchase of services through www.cott.tv. All orders are subject to these Terms and Conditions and Polish consumer protection law (Ustawa o prawach konsumenta).

1.4 Policies. Your use of our services is also subject to our Privacy Policy and any other policies we may publish, which are incorporated by reference into these Terms and Conditions.

1.5 Language. These Terms and Conditions are available in Polish and English. In case of any discrepancy, the Polish version shall prevail, as required by the Polish Language Act (Ustawa o języku polskim) for consumer contracts.

2. Your Orders

2.1 Order Details. Your Order will specify the services subscribed to, including the scope of use (e.g., number of users, rooms, or streams) and the term of the subscription. Upon completion of your Order, we will provide you with access to the services as per the agreed terms. All orders are confirmed via email in accordance with Polish e-commerce regulations (Ustawa o świadczeniu usług drogą elektroniczną).

2.2 Payments. For paid services, you must pay the fees indicated at the time of your Order. All prices are displayed in the currency specified and include applicable taxes (VAT) as required by Polish tax law. All financial transactions will comply with Polish and EU financial regulations, including the Polish Payment Services Act (Ustawa o usługach płatniczych) and the Payment Services Directive (PSD2, Directive (EU) 2015/2366). Non-payment may result in service suspension or termination after a 14-day grace period, as required by Polish law.

2.3 Right of Withdrawal. In accordance with EU consumer protection laws (Directive 2011/83/EU) and Polish consumer rights law (Ustawa o prawach konsumenta), consumers have the right to withdraw from a distance contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day of conclusion of the contract. However, if you have expressly requested that we begin the performance of services during the withdrawal period, you will be required to pay an amount proportional to what has been provided until you communicated your withdrawal. To exercise the right of withdrawal, you must inform us of your decision by email to info@cott.tv or by post to our registered office address.

2.4 Refunds. If you withdraw from the contract, we will reimburse all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw, using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. Refunds will be processed in accordance with Polish banking regulations.

2.5 Trials. We may offer trial periods for certain services. Upon the trial's expiration, unless you subscribe, the service will be deactivated. Trial periods are subject to the same Terms and Conditions as paid subscriptions.

3. Use of Services

3.1 License Terms. Use of our services is subject to these Terms and Conditions and any additional license terms provided during the Order process. You are granted a limited, non-exclusive, non-transferable license to use our services for the duration of your subscription.

3.2 Acceptable Use. You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the services in any way that violates any applicable Polish or EU law or regulation
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the services or servers connected to the services
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the services without our express written permission
• Use the services to transmit any malicious code, viruses, or harmful data

3.3 Support and Maintenance. We provide support and maintenance for our services in accordance with our published policies, ensuring compliance with EU standards for digital services (Digital Services Act, Regulation (EU) 2022/2065). Support is available during business hours (Monday-Friday, 9:00-17:00 CET) via email at info@cott.tv.

3.4 Intellectual Property. All rights not expressly granted to you in these Terms and Conditions are reserved by COTT Electronics Sp. z o.o. Our services are provided on a license basis, not sold. You agree not to reproduce, distribute, or create derivative works from our services without prior written consent, in accordance with the Polish Copyright Act (Ustawa o prawie autorskim i prawach pokrewnych) and EU copyright laws, including Directive 2001/29/EC.

3.5 Service Availability. We strive to ensure high availability of our services but do not guarantee uninterrupted access. We reserve the right to perform maintenance, updates, or modifications that may temporarily interrupt service availability. We will provide reasonable notice of planned maintenance when possible.

4. Data Protection and Privacy

4.1 User Data. We adhere to EU data protection laws, including the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679), and Polish data protection laws (Ustawa o ochronie danych osobowych) in handling personal data collected through our services. For more details, please refer to our Privacy Policy and our GDPR Compliance Statement.

4.2 Data Protection Officer. For GDPR-related inquiries, you can contact our Data Protection Officer at gdpr@cottelectronics.com.

4.3 Cookies. Our website uses cookies and similar tracking technologies in accordance with the Polish Electronic Communications Law (Ustawa Prawo telekomunikacyjne) and the ePrivacy Directive (Directive 2002/58/EC). For detailed information about our use of cookies, please refer to our Privacy Policy.

5. Liability and Warranties

5.1 Limitation of Liability. To the maximum extent permitted by Polish and EU law, COTT Electronics Sp. z o.o. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services. Our total liability shall not exceed the amount paid by you for the services in the 12 months preceding the claim.

5.2 Warranties. We warrant that our services will be provided with reasonable care and skill in accordance with Polish Civil Code (Kodeks cywilny) provisions on service contracts. However, we do not warrant that the services will be error-free or uninterrupted. Any warranties provided are in addition to your statutory rights as a consumer under Polish and EU law.

5.3 Force Majeure. We shall not be liable for any failure or delay in performance under these Terms resulting from acts beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, or strikes.

6. Reviews and Feedback

6.1 User Reviews. Users may leave reviews for our services. Reviews must be honest, comply with our Acceptable Use Policy, and not contain any prohibited content, such as defamatory or unlawful material, in accordance with Polish and EU law, including the Polish Penal Code (Kodeks karny) provisions on defamation.

6.2 Moderation. We reserve the right to moderate, edit, or remove reviews that violate these Terms or applicable laws, in accordance with the Digital Services Act (Regulation (EU) 2022/2065).

7. Legal Compliance

7.1 Compliance with Laws. You agree to use our services in compliance with all applicable Polish and EU laws and regulations, including but not limited to broadcasting, copyright, consumer protection, data protection, and telecommunications laws.

7.2 Indemnification. You agree to indemnify, defend, and hold harmless COTT Electronics Sp. z o.o., its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your violation of these Terms or applicable laws.

7.3 Export Control. You agree to comply with all applicable export control laws and regulations, including but not limited to EU export control regulations and Polish foreign trade law (Ustawa Prawo zamówień publicznych).

8. Termination and Modification

8.1 Termination by You. You may terminate your subscription at any time by providing written notice to us via email. Termination will be effective at the end of your current billing period, unless you request immediate termination, in which case no refund will be provided for the unused portion of the subscription period.

8.2 Termination by Us. We may terminate these Terms and your access to our services immediately for breach of these Terms, non-payment, or violation of applicable laws, with prior notice as required by Polish law (minimum 14 days for consumer contracts).

8.3 Effect of Termination. Upon termination, your right to use the services will immediately cease. We may delete your account and data in accordance with our Privacy Policy and applicable data retention laws.

8.4 Changes to Terms. We reserve the right to modify these Terms at any time. For material changes, we will provide notice via email or through our website at least 30 days before the changes take effect, in compliance with EU consumer protection regulations (Directive 2011/83/EU). Your continued use of the services after the effective date of the changes constitutes acceptance of the modified Terms.

9. Governing Law and Dispute Resolution

9.1 Governing Law. These Terms are governed by the laws of Poland, including the Polish Civil Code (Kodeks cywilny), Consumer Rights Act (Ustawa o prawach konsumenta), and Electronic Services Act (Ustawa o świadczeniu usług drogą elektroniczną). Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts in Warsaw, Poland, unless otherwise required by EU law (e.g., consumer rights under Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments).

9.2 Alternative Dispute Resolution (ADR). In accordance with EU law (Directive 2013/11/EU on alternative dispute resolution for consumer disputes), consumers have the right to resolve disputes through an Alternative Dispute Resolution entity. For more information, you can contact:

• Polish Office of Competition and Consumer Protection (UOKiK): https://uokik.gov.pl
• European Consumer Centre Poland: https://konsument.gov.pl

9.3 Online Dispute Resolution (ODR). The European Commission provides an online dispute resolution platform (ODR Platform) which is available at https://ec.europa.eu/consumers/odr. Consumers can use this platform to resolve disputes arising from online purchases.

9.4 Mediation. Before initiating court proceedings, parties agree to attempt to resolve disputes through good faith negotiations. If negotiations fail, parties may agree to mediation through a mutually acceptable mediator.

10. Miscellaneous

10.1 Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and COTT Electronics Sp. z o.o. regarding the use of our services.

10.2 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

10.3 Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

10.4 Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms or any rights hereunder without restriction.

10.5 Notices. All notices required or permitted under these Terms shall be in writing and delivered via email to the addresses provided by the parties or via registered mail to the registered office addresses.

11. Contact Information

If you have any questions about these Terms and Conditions, please contact us at: