Terms of Use

Draft for review: not yet in force. Highlighted parts are still to be completed.

Last updated: [DATE OF PUBLICATION] · Version 1

These Terms of Use ("Terms") are an agreement between you and Kaptivate ([LEGAL ENTITY TYPE], [REGISTERED ADDRESS], [CHAMBER OF COMMERCE / COMPANY NUMBER]), represented by Timo Bakker ("Kaptivate", "we", "us"), about your use of the BetterStream applications for Android, iOS/iPadOS, macOS, Windows and Linux and the BetterStream website (together, the "App").

By installing or using the App you accept these Terms. If you do not accept them, do not use the App.

1. What BetterStream is — and is not

1.1 BetterStream is a media player. It lets you play audio/video streams from playlists that you add yourself, in the M3U/M3U8 format or through the Xtream Codes API of a service you have an account with.

1.2 BetterStream does not provide, host, sell, index, recommend or link to any content, channels, playlists or content providers. The App contains no content. Nothing is available in the App until you add your own playlist.

1.3 Kaptivate is not affiliated with, endorsed by or sponsored by any content provider, broadcaster, rights holder or playlist provider, and has no control over the streams you add. Names, logos and descriptions shown in the App come from the playlists you add.

2. Your responsibilities

2.1 You are solely responsible for the playlists and streams you add and play, and for making sure you have all rights, licences and permissions needed to access and play them in your country.

2.2 You must not use the App to access, reproduce, record, download or distribute content in violation of copyright or other rights, or otherwise in violation of applicable law.

2.3 You are responsible for the security of the credentials you enter for your playlist provider. The App stores them only on your device (see the Privacy Policy).

2.4 You must be at least 18 years old, or the age of majority where you live, to use the App.

3. Licence to use the App

3.1 Subject to these Terms, Kaptivate grants you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your personal, non-commercial use.

3.2 You may not copy, modify, reverse-engineer, decompile or create derivative works of the App, except as permitted by law or by the open-source licences listed in the App under Settings → About → Open-source licences, which govern the components they cover.

3.3 Kaptivate may update, change or discontinue features of the App at any time.

4. BetterStream Pro (paid features)

4.1 Every new installation of BetterStream includes a free 7-day trial of all features. It needs no payment details, is not a subscription and ends by itself. After it, BetterStream is free to use for films and series from one playlist. BetterStream Pro unlocks additional features (such as live TV, unlimited playlists, offline downloads where available, subtitle search and picture-in-picture). Features may differ per platform; the current list is shown in the App before purchase.

4.2 Pro is offered as a monthly subscription, a yearly subscription (which may include an introductory offer shown before purchase) or a one-time lifetime purchase. Prices are shown in the App in your local currency before you buy and include any taxes the store collects.

4.3 Purchases in the Apple App Store. Payment is charged to your Apple ID account at confirmation of purchase. A subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period, at the then-current price. You can manage and cancel your subscriptions in your App Store account settings after purchase. Any unused portion of a free trial is forfeited when you purchase a subscription.

4.4 Purchases in Google Play. Payment is charged to your Google Play account. A subscription automatically renews at the end of each period unless you cancel it before then in the Google Play Store (Account → Payments & subscriptions). Cancelling stops future renewals; you keep Pro until the end of the period you paid for. A free trial converts to a paid subscription unless cancelled before it ends.

4.5 Purchases on the web (desktop apps). Desktop purchases are processed by our payment provider (Stripe, via RevenueCat) on the terms shown at checkout. Subscriptions renew automatically until cancelled through the link in your purchase confirmation email or your account page.

4.6 Refunds. Refunds for purchases made through Apple or Google are handled by Apple or Google under their refund policies; we cannot issue them ourselves. For web purchases, contact us within 14 days. Nothing in these Terms limits any statutory right of withdrawal or refund you have as a consumer.

4.7 A purchase unlocks Pro on other supported platforms when you sign in with the same BetterStream account. Pro unlocks features of the player only; it never includes any content or access to any content.

5. Third-party services

The App may use third-party services — for example your playlist provider, OpenSubtitles (for subtitle search), app stores and payment providers. Your use of those services is governed by their own terms. Kaptivate is not responsible for third-party services or for the availability, quality or legality of any stream.

6. Intellectual property and copyright complaints

The App, its design and the BetterStream name and logo belong to Kaptivate. We respect intellectual-property rights and respond to notices under our Copyright / DMCA Policy (https://betterstreamtv.com/dmca). Because the App hosts no content, infringing streams must be reported to the party that hosts them.

7. Disclaimers

7.1 The App is provided "as is" and "as available", without warranties of any kind, to the extent permitted by law. We do not guarantee that any stream will play, that the App is compatible with every playlist or provider, or that it is error-free.

7.2 Nothing in these Terms excludes or limits warranties or rights that cannot be excluded or limited under the consumer law that applies to you.

8. Limitation of liability

To the extent permitted by law, Kaptivate is not liable for indirect, incidental or consequential damages, or for loss of data, profits or revenue, arising from your use of the App or of any content or stream you access with it. Our total liability for any claim relating to the App is limited to the amount you paid us for BetterStream Pro in the 12 months before the claim. This does not limit liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot be limited by law.

9. Termination

You may stop using the App at any time by deleting it. We may suspend or end your licence if you seriously or repeatedly breach these Terms, in particular section 2. Sections 1, 2, 5–10 survive termination.

10. Apple-specific terms (iOS, iPadOS, macOS App Store)

If you obtained the App from Apple's App Store:

(a) These Terms are between you and Kaptivate only, not Apple. Kaptivate, not Apple, is solely responsible for the App and its content.
(b) Your licence is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
(c) Apple has no obligation to provide maintenance or support for the App.
(d) If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
(e) Kaptivate, not Apple, is responsible for addressing any claims by you or a third party relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer-protection or privacy claims.
(f) In the event of a third-party claim that the App or your use of it infringes intellectual property rights, Kaptivate, not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.
(g) You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
(h) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

11. Changes to these Terms

We may update these Terms. If a change is material, we will ask you to accept the new version in the App before you continue using it. The version and date are shown at the top.

12. Governing law

These Terms are governed by the laws of [COUNTRY — TO CONFIRM], without affecting mandatory consumer-protection rules of the country where you live. Disputes go to the competent courts of [CITY/COUNTRY — TO CONFIRM], unless consumer law gives you the right to go to court where you live.

13. Contact

Kaptivate — BetterStream · info@kaptivate.io · [POSTAL ADDRESS]

Questions: info@kaptivate.io