Terms of Use

1. Acceptance of Terms

By downloading, installing, accessing, or using any application developed by Asiima ("Company," "we," "us," or "our"), including but not limited to Asiima TV (collectively, the "Applications" or "Apps"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms"), our Privacy Policy, and any additional terms applicable to specific Applications.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATIONS. Your continued use of the Applications constitutes your ongoing acceptance of these Terms as they may be modified from time to time.

2. Eligibility

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use our Applications. By using our Applications, you represent and warrant that you meet this eligibility requirement and have the legal capacity to enter into these Terms.

8. Intellectual Property and Proprietary Rights

8.1 Ownership

The Applications, including but not limited to all software, source code, object code, algorithms, data structures, architecture, system designs, user interfaces, visual designs, graphics, logos, icons, images, text, documentation, and the selection, coordination, and arrangement thereof (collectively, "Proprietary Materials"), are the exclusive property of the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

8.2 Trade Secrets and Confidential Information

You acknowledge and agree that:

• The Applications embody valuable trade secrets developed through significant investment of time, effort, and resources
• The local-first architecture, encryption schemes, CRDT synchronization methods, and other technical implementations are proprietary and confidential
• Unauthorized disclosure, copying, or use of these trade secrets would cause irreparable harm to the Company
• You will not disclose, publish, or disseminate any information about the internal workings, architecture, or implementation details of the Applications

8.3 Limited License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Applications solely for your personal, non-commercial purposes in accordance with these Terms. This license does not include any right to:

• Access, view, or obtain the source code of the Applications
• Modify, adapt, translate, or create derivative works of the Applications
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, data structures, or underlying ideas of the Applications
• Circumvent, disable, or interfere with any security, encryption, or access control features
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use any automated means to access, scrape, or collect data from the Applications
• Sublicense, sell, rent, lease, transfer, or distribute the Applications or any rights therein
• Use the Applications for any commercial purpose, competitive analysis, or to develop competing products
• Copy, replicate, or imitate the architecture, design, functionality, or user experience of the Applications

8.4 Prohibition on Copying Architecture

YOU EXPRESSLY AGREE THAT YOU WILL NOT:

• Study, analyze, or examine the Applications for the purpose of replicating their functionality, architecture, or design in any other product or service
• Use knowledge gained from using the Applications to build, design, or develop any product or service that competes with the Applications
• Copy, imitate, or replicate the local-first data architecture, encryption methodology, cloud synchronization approach, or any other technical implementation
• Assist any third party in doing any of the foregoing

8.5 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by the Company. No license or right is granted to you by implication, estoppel, or otherwise. The Company reserves all rights to seek legal remedies, including injunctive relief, for any violation of its intellectual property rights.

8.6 Feedback

If you provide any feedback, suggestions, or ideas regarding the Applications ("Feedback"), you hereby assign to the Company all rights, title, and interest in such Feedback. The Company may use, implement, and commercialize any Feedback without restriction and without any obligation to you.

9. Disclaimer of Warranties

10. Limitation of Liability

11. General Indemnification

In addition to any product-specific indemnification provisions, you agree to indemnify, defend, and hold harmless the Company and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorneys' fees) arising from:

• Your use of and access to the Applications
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws, rules, or regulations

12. Dispute Resolution and Arbitration

12.2 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative, class, or collective proceeding.

12.3 Arbitration Procedures

Arbitration shall be administered by a mutually agreed-upon arbitration service in accordance with its rules. The arbitration shall take place in a mutually agreed-upon location or via video conference. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

12.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@asiima.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

13. DMCA and Copyright Claims

The Company respects intellectual property rights. If you believe any material accessible through our Applications infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending a written notice to our Designated Agent at:

DMCA Designated Agent:
Email: legal@asiima.com
Subject line: DMCA Takedown Notice

13.1 DMCA Notice Requirements

To be effective under 17 U.S.C. §512(c)(3), your DMCA notice must include all of the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed (or, if multiple works are covered by a single notification, a representative list)
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material (e.g., a description of the specific content and how it is accessed through the Application)
• Your contact information, including your name, address, telephone number, and email address
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner

Notices that do not substantially comply with these requirements may not receive a response. Knowingly submitting a materially false DMCA notice may subject you to liability for damages under 17 U.S.C. §512(f).

13.2 How the Company Processes DMCA Notices

Upon receiving a valid DMCA notice, the Company will:

• Acknowledge receipt of the notice within a reasonable timeframe
• Review the notice for compliance with the requirements of 17 U.S.C. §512(c)(3)
• Take appropriate action, which may include removing or disabling access to the material identified in the notice, if applicable
• Make a good faith effort to notify the user whose content or access has been affected (counter-notice rights below)

13.3 Counter-Notification

If you believe that material removed or disabled as a result of a DMCA notice was not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to use the material, you may submit a counter-notification to legal@asiima.com containing:

• Your physical or electronic signature
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in your district (or, if outside the United States, any judicial district in which the Company may be found), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person

Upon receipt of a valid counter-notification, the Company may restore the removed material in accordance with 17 U.S.C. §512(g), unless the original complainant files a court action within ten (10) business days.

13.4 Repeat Infringer Policy

In accordance with the DMCA and other applicable law, the Company has adopted a policy of addressing, in appropriate circumstances, users who are deemed to be repeat infringers. The Company may request that Apple revoke access to the Application for any user who repeatedly infringes intellectual property rights. The Application is distributed exclusively through the Apple App Store, and access to the Application is controlled by Apple — the Company does not maintain user accounts, user databases, or any server-side mechanism to directly grant or revoke access. Enforcement of this policy is therefore carried out through cooperation with Apple and applicable legal process.

13.5 Asiima TV — Content Disclaimer

14. Canadian Copyright Notices

For users in Canada, the Company complies with the notice-and-notice regime under the Copyright Act (R.S.C. 1985, c. C-42, §41.25–41.27).

• If the Company receives a notice of claimed infringement from a rights holder that identifies a user, the Company will make reasonable efforts to forward the notice to that user.
• Due to the Application's local-first architecture, the Company does not collect, store, or have access to user viewing data, content sources, stream URLs, or provider credentials. The Company therefore has limited or no ability to identify specific users or their activities.
• Forwarding a notice does not constitute an admission that infringement has occurred, nor does it create any obligation on the Company to monitor or investigate user activity.
• The Company does not operate a broadcasting undertaking as defined by the Broadcasting Act (S.C. 1991, c. 11) or the Online Streaming Act (S.C. 2023, c. 8). The Application does not select, schedule, curate, or recommend any content.

15. European Union — Digital Services Act (DSA)

For users in the European Union, in accordance with the Digital Services Act (Regulation (EU) 2022/2065):

• Single Point of Contact (Art. 11): legal@asiima.com — for communications from EU Member State authorities, the European Commission, and the European Board for Digital Services. Communications may be submitted in English.
• Service Classification: The Application functions as a media player tool. It does not host, store, cache, or transmit user-generated or third-party content on its servers. The Company is not a hosting service provider, intermediary service provider, or online platform as defined in the DSA.
• Transparency: The Application does not use algorithmic recommendation systems, does not display advertising, does not profile users, and does not make automated content moderation decisions.

The Company is not established in the European Union. If a legal representative in the EU is required under Art. 13 of the DSA based on the Company's classification, one will be designated and published here.

16. Termination

We reserve the right to terminate your license to use the Applications for any reason, including without limitation if you breach these Terms. The Applications are distributed exclusively through the Apple App Store, and the Company does not maintain user accounts or any server-side access control. Termination of your license means you are no longer authorized to use the Application under these Terms. Enforcement may be carried out through cooperation with Apple, including requesting that Apple revoke access to the Application or cancel subscriptions managed through the App Store.

Upon termination, your right to use the Applications will immediately cease. Since all data is stored locally on your device and in your personal iCloud account, the Company has no ability to access, modify, or delete your data — it remains under your control. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms and revising the "Last updated" date. Your continued use of the Applications after such modifications constitutes your acceptance of the updated Terms.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. To the extent that arbitration is not applicable, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

20. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by the Company, constitute the entire agreement between you and the Company regarding the Applications and supersede all prior agreements and understandings.

21. Waiver

The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

22. Grievance Officer

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 of India, and for the purpose of addressing any complaints or grievances, the Company has designated the following Grievance Officer:

If you have a grievance regarding any content, privacy concern, or any other matter related to the Applications, please email the Grievance Officer with the following information:

• Your name and contact information
• A description of the grievance or complaint
• Any supporting documentation or evidence

23. Contact Information

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

• Legal / DMCA: legal@asiima.com
• Privacy: privacy@asiima.com
• General Support: support@asiima.com or use the built-in feedback feature within any of our applications