Updated August 31, 2022

This user agreement governs your purchase and/or use of products and services offered by TiVo Platform Technologies LLC (“TiVo” or “we” or “us”) (including but not limited to TiVo devices, TiVo+, mobile applications, and websites). BY CLICKING ON “I AGREE” OR SIMILAR BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THIS AGREEMENT, INCLUDING THE PARTS ABOUT ARBITRATING ANY DISPUTES, WAIVING ANY RIGHT TO A JURY TRIAL, AND GIVING UP THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION (where applicable).

A few things to note:

• When we refer to a “TiVo Product” in this policy, we mean any device, software, or website offered by TiVo (including but not limited to TiVo DVRs, TiVo Minis, the TiVo Stream, the TiVo Stream 4K, TiVo software applications, and TiVo Online (online.tivo.com)).
• When we refer to a “TiVo Service” in this policy, we mean any service offered by TiVo, including but not limited to “TiVo+” (also known as “TiVo Plus”), that enables you to access certain programming and other content (“Content”) and related third-party applications and services.
• When we say “you” in this policy, we mean both you and any other individuals you let use your TiVo Product or TiVo Service.
• TiVo Products and TiVo Services provided to you directly by your cable or satellite provider are subject to their terms of use (and not this Agreement).

Accounts

To create an account with us, you must be (1) a resident of the continental United States, Alaska, or Hawaii; (2) the age of majority in your jurisdiction, and (3) creating an account for yourself (and not for a business or entity). You are responsible for all charges on your account, so we suggest picking a strong password and not sharing it with others.

Use of TiVo Products and TiVo Services

TiVo Products and TiVo Services are intended for your personal, non-public, and non-commercial use.

TiVo grants you a personal, non-commercial, and non-exclusive license to (1) access and use our websites, (2) install and use our software applications on devices that you own or control, (3) use software that is embedded in (or downloaded to) TiVo hardware products, and (4) access and use TiVo Services and our other hosted services using authorized TiVo Products.

In addition to any other provisions of this Agreement, TiVo reserves the right to modify or terminate your account, any granted licenses, or access to any TiVo Product or TiVo Service if, in TiVo’s determination, you are violating this agreement or any laws, regulations, or court or governmental orders, or engaging in behavior towards any TiVo customer, employee or other third party that is abusive, harassing, inappropriate, or demeaning as determined by TiVo in its sole discretion.

Features and functionality are subject to change. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by TiVo Products without prior notice to you.

Some notes about your use of TiVo Products and TiVo Services:

• Some TiVo Products require a subscription to the TiVo service (“TiVo Service Subscription”), see TiVo Service Subscriptions below for details.
• Our Privacy Policy governs the collection, use and disclosure of your personal information.
• We do not endorse or warrant the performance of any third-party applications or advertised third-party products or services that may be accessible through or in included in TiVo Products or TiVo Services.
• Your use of third-party applications is subject to the terms of use and privacy policy of the application provider (which we suggest you read).
• You are responsible for any charges related to your use of a TiVo Product or TiVo Service (such as charges for broadband Internet, wireless data, or pay-per-view content), so be careful if you give others access to the remote or your account password.
• Some TiVo Products have enhanced functionality based upon third-party applications or services which may require a separate subscription payment to a third-party. In some instances, these charges will be managed by TiVo, but your account, account terms and conditions, and disputes related thereto shall be between you and the third-party irrespective of whether TiVo manages the payments on your behalf.

If a TiVo Product or TiVo Service supports voice services, certain compatible voice remotes allow you to use your voice to control functionality (e.g., search for content, switch inputs, launch channels, launch program guide). When you choose to use your voice to use or control a TiVo Product or TiVo Service, you agree that TiVo and third parties who fulfill your requests and/or provide services for TiVo have your consent to record, process, and store your voice inputs (e.g., a recording and the interpretation of what was said), and use such voice inputs with other information about your use of the TiVo Product or TiVo Service (e.g., device identifier) to provide services to you, to improve the accuracy and quality of the TiVo Product or TiVo Service, and as further described in TiVo’s Privacy Policy.

Restrictions

You may have a maximum number of 12 TiVo set-top boxes (DVRs or TiVo Minis) and 10 TiVo soft devices (“TiVo soft devices” are the TiVo Stream 4K or TiVo mobile application per device) on the same tivo.com account.

Some TiVo DVRs may let you stream or download recorded content to your mobile devices. The following restrictions apply to streaming or downloading recorded content from a TiVo DVR:

• You may sync a maximum number of 10 mobile devices.
• You may only sync mobile devices that you own or control (i.e., no using your neighbor’s iPad).

Due to the copy protection assigned by the content provider, not all recorded content can be downloaded, and some recorded content can only be streamed and/or downloaded while your mobile device is on the same local network as your TiVo DVR. Terms and conditions of any cloud-based DVR services that may be available via third parties (such as your service provider or third-party subscription service) are governed by the terms of service with that provider and not TiVo.

When using TiVo Products and TiVo Services, you agree not to engage in any conduct (except to the extent permitted by applicable law) that:

• modifies, deciphers, decompiles, disassembles, or otherwise attempts to reverse engineer or derive the software or source code for any TiVo Product or TiVo Service;
• modifies, disassembles, or otherwise tampers with any TiVo hardware;
• disguises the place of your residence or the location of your use;
• attempts to circumvent technological measures or gain unauthorized access through hacking, password mining, or any other means;
• modifies, distributes, sells, or shows to the public, for compensation or otherwise, any program recorded, streamed to, or played using any TiVo Products or TiVo Services;
• violates the rights of others, including patent, trademark, trade secret, copyright, moral rights or other intellectual property rights, or rights of privacy, publicity, or other proprietary rights, harasses or harms another individual, impersonates any person or entity, or otherwise misrepresents yourself or your affiliation with any person or entity; or is fraudulent, false, misleading or deceptive;
• uses technology or other means to access, index, frame, search, or link to a TiVo Product or TiVo Service (including the Content) that is not authorized by TiVo; or to remove, avoid, deactivate, descramble disable, bypass, or circumvent any technological measure implemented by TiVo or any of TiVo’s providers or any other third party (including another user) to protect a TiVo Product or TiVo Service, including without limitation content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of a TiVo Product or TiVo Service;
• accesses, tampers with, or uses non-public areas of a TiVo Product or TiVo Service, TiVo’s computer systems, or the technical delivery systems of TiVo’s providers;
• involves accessing a TiVo Service (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers”;
• uses any meta tags or other hidden text or metadata using a TiVo trademark, logo URL or product name without TiVo’s express written consent;
• accesses a TiVo Product or TiVo Service, including without limitation Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;
• interferes with the access of any user, host, or network, including, without limitation, by sending a virus, or overloading or flooding a TiVo Service;
• introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• damages, disables, overburdens, impairs, or gains unauthorized access to a TiVo Service, including TiVo’s servers, computer network, or user accounts;
• removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with a TiVo Product or TiVo Service (including the Content);
• uses a TiVo Product or TiVo Service to advertise or promote services that are not expressly approved in advance in writing by TiVo;
• probes, scans, or tests the vulnerability of any TiVo system or network, or breaches any security or authentication measures;
• collects or stores personally identifiable information from a TiVo Product or TiVo Service without TiVo’s authorization;
• violates, or encourages conduct that would violate, any applicable law or regulation, or constitute a criminal offense or give rise to civil liability;
• violates this Agreement or any guidelines or policies posted by TiVo;
• interferes with any other party’s use and enjoyment of a TiVo Product or TiVo Service; or
• encourages or enables any other individual to do any of the foregoing or attempts to do any of the foregoing.

TiVo Products or TiVo Services may have features that include geo-fencing or other geographic restrictions on use. You may not attempt to subvert these geographic restrictions.

We have the right to investigate violations of this Agreement or conduct that affects any TiVo Products or TiVo Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

If TiVo determines in its sole discretion that you are violating any term or condition of this Agreement, we may (i) notify you, (ii) use technical measures to block or restrict your access to or use of a TiVo Product or TiVo Service, and/or (iii) use any other available legal or equitable remedy. In any case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the TiVo Product or TiVo Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

TiVo Service Subscriptions

Certain TiVo Products require a TiVo Service Subscription. We currently offer three TiVo Service Subscription plan options: monthly, annual, and an All-In Plan. (Please note: the All-In Plan replaced the Product Lifetime Service subscription offered in prior versions of this agreement.) Unless TiVo presents an offer whereby the TiVo Service Subscription is explicitly (1) included as part of the purchase price of the TiVo Product (for example, a TiVo Service Subscription is included as part of the purchase price of a TiVo Mini) or (2) shared between or among more than one TiVo Product, a separate TiVo Service Subscription is required for each TiVo Product. Visit tivo.com for current rates and offers.

Some notes about TiVo Service Subscriptions:

• TiVo reserves the right to discontinue previously offered features or functionality at its sole discretion and without prior notice. TiVo is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any TiVo Product or TiVo Service.
• Until you cancel a monthly or annual (or other recurring) TiVo Service Subscription by calling customer service at 1-877-367-8486 or by visiting tivo.com, your TiVo Service Subscription automatically will renew (on a month-to-month basis for a monthly TiVo Service Subscription, or on a year-to-year basis for an annual TiVo Service Subscription, or such other periodic term as designated in your subscription) at the end of each subscription term, at the same TiVo Service Subscription fee (even if you are not using the TiVo device or it has been lost, sold, or otherwise transferred).
• Monthly, annual, or other periodic TiVo Service Subscriptions may not be transferred to another TiVo device or subscriber.
• With a new All-In Plan subscription: (a) you pay just once (rather than monthly, annually, or in some other frequency) for your TiVo Service Subscription, (b) your subscription lasts for as long as your TiVo device is operational (or until TiVo discontinues support for your device, whichever comes first), and (c) you cannot transfer your subscription to another TiVo device (except in cases of warranty repair or replacement under applicable warranty terms).
• An All-In Plan subscription accompanies the TiVo device in case of ownership transfer.
• With an All-In Plan, you receive those TiVo Service Subscription features that we make generally available to all customers who have activated a TiVo Service Subscription for that same TiVo Product, except as otherwise noted by TiVo. You may incur separate charges for certain third-party content, services or applications; these items are not considered part of the TiVo Service Subscription. In addition, TiVo reserves the right to subsequently release, and to charge separate amounts for, new features or functionality that are not made generally available to all customers who have activated a TiVo Service Subscription on a particular TiVo Product.
• Although we strive to make the TiVo Service Subscription available as much as possible, there may be periods of downtime (for example, for scheduled maintenance, software updates, or events outside of our reasonable control).

TiVo Stream 4K Service

• TiVo Stream 4K service features will include those that we make generally available to all customers who have purchased a TiVo Stream 4K device, except as otherwise noted by TiVo. There is not an ongoing monthly or annual service subscription charge for the TiVo Stream 4K service. However, many of the functionalities of TiVo Stream 4K are based upon third-party subscription services and you will incur separate charges for certain third-party content, services or applications; these items are not considered part of the TiVo Stream 4K service. Even if some of these third-party charges may be managed by TiVo on your behalf, your account, account terms, conditions, and disputes related thereto shall be between you and the third-party and such third-party services are not part of the TiVo Stream 4K service.
• TiVo reserves the right to discontinue previously offered features or functionality at its sole discretion and without prior notice. TiVo is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the TiVo Stream 4K product.
• Service to TiVo Stream 4K devices is provided at the sole discretion of TiVo. No upgrades are guaranteed as part of the TiVo Stream 4K device. Although we strive to make TiVo Stream 4K service available as much as possible, there may be periods of downtime (for example, for scheduled maintenance, software updates, or events outside of our reasonable control).

TiVo+ Service

Linked Destinations and Advertising Third Party Destinations: TiVo+ (including the Content) may contain links to third-party applications, services or destinations. You will not infer or assume that TiVo endorses, operates, controls, is responsible for or is connected with these or other third-party content, application, services or destinations, even if they link to TiVo+ and even if such applications, services or destinations are operated by a person (including a legal entity) affiliated or otherwise connected with TiVo. TiVo provides these links only as a convenience and is not responsible for the content, products or services on or available from those applications, services or destinations or links displayed on such destinations. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party applications, services or destinations and release TiVo from any responsibility and liability to you for any content or other materials hosted and served from any such applications, services or destinations. This Agreement does not govern your use of any third-party applications, services or destinations.

Optional Offers, Promotions and Features: We may offer or facilitate third party offers for you to participate in, including special offers such as rebates, coupons or other discount programs, as well as promotions such as contests or sweepstakes on TiVo+ or via third-party platforms. These offers and promotions may require purchases or participation in surveys, and may be subject to separate and additional terms and conditions governing your participation and eligibility for any such programs. TiVo is not responsible or liable for any claims, damages, losses or injuries arising from your interactions with such third parties.

Advertisements: TiVo takes no responsibility for advertisements or any third-party material displayed on TiVo+, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using TiVo+ is between you and the advertiser, and you agree that TiVo is not liable for any loss or claim that you may have against an advertiser.

Age Restrictions: TiVo+ is not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to use TiVo+ without the consent of your parent or guardian, in which case your parent or guardian consents to these terms on your behalf. Access to Content may be restricted due to age appropriateness. Accessing TiVo+ and/or the Content from territories where TiVo does not offer TiVo+ is prohibited.

Suspension/Discontinuation: We may change, suspend, or discontinue — temporarily or permanently — some or all of TiVo+ (including the Content and the devices through which TiVo+ is accessed), with respect to any or all users, at any time without notice. You acknowledge that TiVo may do so in TiVo’s sole discretion. You also agree that TiVo will not be liable to you for any modification, suspension, or discontinuance of TiVo+.

TiVo.com Orders

We sell and ship only to individuals within the continental United States, Alaska, and Hawaii. We will send you an email confirming when you placed your order, and we may pre-authorize the amount of your order on your credit card (and note that this email confirming the placement of your order will not signify our acceptance of your order and will not constitute confirmation of our offer to sell). We will also send you an email confirming your order only once your order ships (which is when we will charge your credit card).

We reserve the right (without liability) to (1) accept or decline your order for any reason (including if we suspect you are ordering products for resale, or if our product inventory is insufficient to satisfy your order), (2) supply less than the quantity you ordered of any item, (3) change prices for products displayed on tivo.com at any time, (4) correct inadvertent pricing or product/service information errors, and (5) charge your credit card on file a 15% restocking fee for orders that are refused at the shipping address designated for your account at the time of purchase.

30-day Money-Back Guarantee

We love our products, and we hope that you will too, so we offer a 30-day money-back guarantee on all purchases from tivo.com and on all newly-activated TiVo Service Subscriptions. Except as noted below, you may return any item you purchase from tivo.com within 30 days of the order shipment date or cancel any newly-activated TiVo Service Subscription within 30 days of the activation date, and we will give you a full refund (with no early termination fee). To start the return or cancellation process, call customer service at 1-877-367-8486 or visit tivo.com.

Some notes about our 30-day money-back guarantee:

• Shipping and handling charges are non-refundable.
• Only initial activations of the TiVo Service Subscription are eligible for this offer (i.e. renewals, payment plan changes, and hardware replacements are not eligible).
• We will refuse returns of damaged merchandise or items that show wear and tear.
• You have 15 days from the date your return is processed to return your merchandise. If your return is not received within 15 days, we will charge your credit card on file for the MSRP of the unreturned merchandise (plus tax) minus the amount you already paid.
• The 30-day money-back guarantee expressly excludes TiVo Stream 4K devices that have been previously activated.
• For any 30-day money-back guarantee returns of an eligible TiVo Stream 4K device, the cost of shipment of the device back to TiVo shall be the sole responsibility of the customer.

Returns

We only accept returns for refunds within 30 days of purchase from www.tivo.com. Products purchased through third-party retailers must be returned to the third party in accordance with their respective returns and refunds policy.

Limited Warranties

TiVo hardware products (including TiVo DVRs, TiVo Stream 4K, and TiVo Minis) are covered by a limited warranty. Details are available at tivo.com/legal. We do not offer warranties on third-party products sold on tivo.com, but look in the documentation or on the packaging for information on any warranty they may offer and contact the manufacturer directly if you have any questions or concerns.

Payment Terms

When you provide credit card information to us, you represent that you are the authorized user of the card and agree to notify us of any changes to the relevant account number, expiration date, and billing address, or if the card expires or is canceled. You agree that we may receive updated credit card information (such as a new expiration date) from your credit card issuer.

We will charge your credit card (as applicable) when (a) your order ships, (b) on each billing date for your TiVo Service Subscription or third-party applications or services you authorize us to bill on your behalf, (c) when you authorize purchases through your TiVo devices including third-party applications and services that enable TiVo to bill on your behalf, (d) at the time of purchase for third-party applications and services, and (e) when we process a return or cancellation for restocking or early termination fees including where applicable such fees associated with third parties we are billing on your behalf. You are responsible for reviewing your credit card statement for billing accuracy. If you believe that there is an inaccuracy, you have 90-days to notify TiVo. If you do not contact TiVo within 90 days of the disputed billing date, TiVo will not be responsible for any billing errors. In the event the dispute is based on a charge or fee that TiVo is billing on your behalf to a third party, you must contact the third-party merchant directly to dispute any charges. TiVo is not authorized to negotiate these disputes on your behalf.

For subscriptions or fees, including all recurring third-party applications or services that you authorize us to bill on your behalf, your TiVo Service Subscription (unless you have an All-In Plan subscription) or applicable recurring third-party service or application fees (“Third Party Recurring Fee”) will automatically renew at the end of each subscription term, at the same monthly, annual or other periodic TiVo Service Subscription fee (as applicable). You hereby authorize us to automatically charge any subscription fee or Third Party Recurring Fee to your credit card each billing date until you (i) cancel your TiVo Service Subscription by calling customer service at 1-877-367-8486 or by visiting tivo.com, and/or (ii) cancel any third-party applications in accordance with the applicable Third Party Recurring Fee payment terms. Please note, such payment terms may differ for each third-party application, so unless you are able to access this feature in your tivo.com account, you will need to contact the third-party provider of such services for details on cancellation. Regardless of the type or length of your TiVo Service Subscription, subscription fees paid prior to cancellation are nonrefundable in any amount (subject only to our 30-day Money Back Guarantee). Terms and conditions for Third Party Recurring Fees are not governed by TiVo, please contact the third party for details.

Some notes about payments:

• By subscribing to the TiVo Service Subscription or Third-Party Recurring Fee, you authorize us to charge the applicable TiVo Service Subscription fees or third-party fees (and any other applicable fees, such as an early termination fee) to your credit card on file.
• If your credit card reaches its expiration date and you have not updated your payment information with us or cancelled your account, you authorize us to continue billing your credit card and you will remain responsible for any uncollected amounts.
• Each charge on the applicable billing date applies to the period immediately following the billing date (so a charge for a monthly TiVo Service Subscription in January is for the TiVo Service Subscription for the month of February). Third Party Recurring Fee payment terms may differ – please contact the third-party provider of such services for details.
• Sales and use tax will be charged on your order based upon the jurisdiction to which the product will be shipped. In some jurisdictions, the tax will be based on the MSRP for the product (and not the discounted price you paid).
• All prices on tivo.com are listed in U.S. Dollars.

We reserve the right to suspend or terminate your subscription to the TiVo Service Subscription without notice if your credit card is rejected or if your card issuer seeks the return of payments previously made to us. You agree to pay (i) any outstanding balance in full within 30 days of cancellation, and (ii) a late charge on all amounts more than 30 days past due. The late charge will be 1.5% of the past due amount or the highest rate allowed by law (whichever is less) per month. Such rights are in addition to and not in lieu of any other legal right or remedies available to TiVo. These conditions may apply to Third Party Recurring Fees, please contact the third-party application or service provider for details.

Open Source

Software that we provide to you may include open source code. Acknowledgments, licensing terms and disclaimers are contained in a “System Information,” “Legal,” or similar screen found in the menu of your TiVo Product or TiVo Service, and may also be available at www.tivo.com/legal. To the extent required, the terms of the applicable open source license (rather than the terms of this agreement) will apply to such code. Nothing in this agreement limits your rights under, or grants you rights that supersede, the terms of any applicable open source license.

IP Rights

TiVo, TiVo’s affiliates, and/or TiVo’s licensors exclusively own, control, and retain all right, title, and interest in and to TiVo Products and TiVo Services, including the Content, including all associated intellectual property rights. You acknowledge that TiVo Products and TiVo Services, including without limitation the Content, are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any TiVo Products or TiVo Services, including without limitation the Content.

TiVo, the TiVo logo, the TiVo silhouette logo, www.tivo.com, and other TiVo marks, graphics, logos, scripts and sounds (“TiVo Marks”) are trademarks or registered trademarks of TiVo Brands LLC or its affiliates. You may not copy, download, or exploit any of the TiVo Marks.

TiVo and/or its affiliates hold patents that apply to our products and services. Software that we provide to you is licensed, not sold. This agreement does not provide you with any right or license (whether expressly, by implication, by estoppel, or otherwise) under the intellectual property rights of TiVo (or our licensors) other than to the extent expressly authorized herein. We reserve all rights not expressly granted to you.

Copyright Policy

If you are a copyright owner (or are authorized to act on behalf of the owner of an exclusive right under copyright) and believe that your copyright is being infringed, we will respond to notices of alleged copyright infringement in accordance with Section 512(c)(3) of the Digital Millennium Copyright Act.

A notice of alleged copyright infringement must be a written communication provided to TiVo’s designated agent that includes the following: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf, (2) identification of the copyrighted work claimed to have been infringed, (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, (4) your contact information (including your name, address, telephone number, and email address), (5) a statement by you 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, and (6) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. It is our policy to terminate a user’s account if, under appropriate circumstances, the user is determined to be a repeat infringer. Our designated copyright agent for notices of alleged copyright infringement is: TiVo Platform Technologies LLC, 2190 Gold Street, San Jose, CA 95002, Attn: Copyright Agent c/o General Counsel, email: DMCARegisteredAgent@tivo.com.

Feedback

If you submit any ideas or materials to us (whether in an email, using a “Contact Us” form, on a user forum, or via any other method), you agree that: (1) they will be non-confidential, (2) TiVo may have something similar already in development or under consideration, (3) TiVo will own them and be free to use them on an unrestricted basis, and (4) if TiVo does not own them, you grant us a perpetual, irrevocable, non-exclusive, sublicensable, transferable, fully paid-up, royalty-free, and worldwide license to implement, use, modify or otherwise commercially exploit them in any way without any payment or accounting to you.

DISCLAIMER OF WARRANTIES

EXCEPT FOR ANY TIVO PRODUCTS OR TIVO SERVICES FOR WHICH WE PROVIDE A WRITTEN WARRANTY (WHICH YOU CAN FIND AT TIVO.COM/LEGAL), WE ARE PROVIDING YOU WITH TIVO’S PRODUCTS AND TIVO SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, AND YOUR USE OF TIVO PRODUCTS AND TIVO SERVICES IS AT YOUR OWN RISK. TO THE GREATEST EXTENT PERMITTED BY LAW, TIVO AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES REGARDING ACCURACY, OPERABILITY, AVAILABILITY, USE, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR USAGE OF TRADE.

LIMITATION OF LIABILITY

TO THE GREATEST EXTENT PERMITTED BY LAW, TIVO AND ITS LICENSORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR: (1) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF TIVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) ANY TIVO PRODUCT OR TIVO SERVICE, OR (2) ANY DIRECT DAMAGES IN EXCESS OF WHAT YOU HAVE PAID TIVO FOR THE TIVO PRODUCT OR TIVO SERVICE AT ISSUE OR $150 U.S. DOLLARS (WHICHEVER IS GREATER). THIS IS INTENDED TO APPLY (AND YOU AGREE THAT IT WILL) EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Term and Termination

This agreement applies from the date when you accept it and continues until terminated by either of us. We may suspend your account and/or terminate this agreement (1) immediately for your breach of this agreement, or (2) upon 10 business days’ prior written notice to you, for any other reason. All sections of this agreement that by their nature should continue (such as the “Dispute Resolution” section) will survive termination.

You may cancel your account or a subscription to the TiVo Service Subscription by calling customer service at 1-877-367-8486. Cancellation will not entitle you to any refund (including of any subscription fees) and may be subject to an early termination fee in some cases (see the “Early Termination Fees” section for more details). TiVo reserves the right to collect fees, surcharges and costs incurred prior to the cancellation of any account or subscription. You acknowledge that cancelling your account or subscription may cause your TiVo Products or TiVo Services to no longer function.

Changes to this Agreement

We need the flexibility to update this agreement from time to time as our business changes. If we make changes that restrict your rights, we will notify you at least 15 days in advance (to give you time to review the changes and cancel your account if you do not want to be bound by the revised version, although we certainly hope you do not cancel your account). By continuing to use TiVo Products and/or TiVo Services after changes become effective, you agree to be bound by the revised version of this Agreement. If we make changes to the dispute resolution provision, then: (1) such changes will not apply to disputes arising before the changes become effective; and (2) if such changes to the dispute resolution provision restrict your rights, you will have 30 days (from our notification to you) to opt-out of the modified dispute resolution provision (other than the “Judicial forum” and “Time limit for disputes” paragraphs above) by adhering to each of the requirements of the “Opt-out” paragraph above.

General Legal Terms

Additional Terms: Additional or different terms may apply to certain TiVo Products and/or TiVo Services, and if so, we will ask you to agree to those terms separately.

Assignment: You may not assign or transfer this Agreement (or any of your rights or obligations under this agreement) without TiVo’s prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. TiVo may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

Electronic Communications: You consent to receive communications from TiVo by email and acknowledge that all notices and other communications that TiVo provides to you electronically via email to the address associated with your account will satisfy any legal requirement that such communications be in writing. You also agree and consent to using electronic signatures and/or electronic consent for any agreements, including but not limited to this Agreement, TiVo’s Privacy Policy, or any other agreement or consent between the parties, during your relationship with TiVo.

Export: TiVo Products and TiVo Services are subject to U.S. export control laws and regulations and must be purchased, sold, exported, re-exported, transferred, and used in compliance with such export laws and regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.

Government End-Users: Any TiVo software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users (1) only as Commercial Items, and (2) with only those rights as are granted to all other end users pursuant to this agreement.

Notices: All notices from you to TiVo must be sent via certified mail to TiVo Platform Technologies LLC, 2190 Gold Street, San Jose, CA 95002, Attn: Legal Department, with a copy to disputenotice@tivo.com, and will be deemed given on receipt by TiVo. All notices from TiVo to you will be sent via email to the address associated with your account and will be deemed given when emailed.

Third-Party Beneficiaries: This agreement does not confer any third-party beneficiary rights (except with respect to Apple, as described below).

Waiver: No waiver of any term or breach of this Agreement will constitute a waiver of any other term or breach.

Severability: If any provision of this Agreement is found to be unenforceable, such unenforceability will not render this agreement unenforceable and, in such event, such provision is to be changed and interpreted so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.

Additional Apple Terms

You may use TiVo applications on your Apple-branded iOS products only as permitted by this Agreement and any applicable Apple terms of use. We each acknowledge that: (1) this Agreement is between you and TiVo only, and not with Apple, (2) TiVo is solely responsible for TiVo iOS applications, (3) Apple has no obligation to furnish any maintenance and support services with respect to TiVo iOS applications, and (4) Apple and its subsidiaries are third-party beneficiaries of this Agreement, with the right to enforce this Agreement against you as a third-party beneficiary.