AlefCine Stream General Terms and Conditions
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter “GTC”) apply to the contracts concluded between you as the customer (hereinafter “Customer”) and us, AlefCine Stream GmbH, Krefelder Str. 13, 10555 Berlin, Germany (hereinafter “ACS” or “we”), regarding the use of our online service for streaming audiovisual content (hereinafter: “AlefCine Stream” or “the Service”), which is accessible via the various AlefCine Stream mobile apps and the website stream.alefcinestream.com. The GTC apply to all content, features, and other services that we make available to the Customer based on the user relationship. Separate Terms of Use govern the conditions of the use of the Service by registered Customers and are supplementary to these GTC insofar.
1.2. Our GTC apply exclusively. Any conflicting, additional, or deviating terms and conditions of the Customer shall not become part of the contract unless we have expressly agreed to their validity. Our GTC shall also apply if we perform a service without reservation while aware of conflicting or deviating terms and conditions of the customer.
1.3. ACS reserves the right to amend the GTC at any time. The Customer will be notified of any such changes and is granted the right to object to the change within four weeks of receiving such notification. Should the Customer object to a change in the GTC, ACS reserves the right to terminate the contract with the Customer. The Customer will be informed of the consequences of an objection as part of the change notification.
1.4. The various mobile apps can be downloaded or purchased via app stores for various platforms (e.g., Apple App Store or Google Play). The terms of use and purchase of the respective app store operators apply exclusively to the use of the respective app stores. The purchase of paid services within the apps in the respective app store (e.g., Apple App Store or Google Play) (“in-app purchase”) is subject to the terms of use of the respective app store operator (e.g., Apple Distribution International or Google Commerce Ltd.).
2. Scope of Services
2.1. ACS’s service consists of providing the Service, including associated software, linked services, and user interface and functional elements for using the service in accordance with the GTC and Terms of Use.
2.2. ACS may at any time further develop services provided free of charge, supplement, modify, or remove individual services, and in particular release updates. In doing so, we will take the Customer’s legitimate interests into account. We also reserve the right to modify or discontinue paid services at any time, provided that the affected service components go beyond the described scope of services, in order to improve the Service’s functionality, adapt the Service to changes in customer usage habits, new technical standards, and features of commonly used devices, or regulatory changes, as well as to optimize the security and stability of the Service.
3. Provision, Use, and Availability of the Service
3.1. The use of the Service by registered Customers for the purpose of accessing various audiovisual content, particularly films, is governed by the Terms of Use (available at the bottom of this page.
3.2. The quality of the streaming depends on the Customer’s Internet connection and availability. For technical reasons, the quality of the Service (e.g., video quality) may be lower in certain locations and on certain devices. The loading time of video content before playback begins depends on various factors, such as the Customer’s location and the speed of the Internet connection used, the technical environment used, and the quality of the video content.
3.3. Use of the Service is limited to the Customer’s household, unless otherwise agreed. However, the Service may be installed on any number of devices. Simultaneous use of the Service—in particular, the playback of content—on more than two different devices with a single customer account is not permitted, unless otherwise specified in the service description for the respective Service.
3.4. ACS strives to ensure the continuous availability and error-free functionality of the Service. We occasionally perform maintenance work on the servers and technical components used for AlefCine Stream, which may result in a temporary impairment of usability or availability. ACS will, where possible, perform maintenance work outside of normal usage hours. Planned work by ACS that is foreseeable to require an interruption of normal operations will be announced to the Customer in advance via email and/or through the app. In doing so, ACS will inform the Customer, to the extent possible, of the nature, extent, and duration of the disruption. ACS is not responsible for maintenance work performed by third parties regarding the infrastructure used for the Service, without prejudice to general liability provisions of these GTC.
3.5. ACS may restrict access to and availability of AlefCine Stream if required to ensure the security of network operations, maintain network integrity—in particular to prevent serious disruptions to the network, software, or stored data—ensure the interoperability of services, or protect data privacy.
4. Conclusion of Contract
4.1. The options to register for a customer account and to purchase content do not constitute offers, but merely invitations to submit an offer.
4.2. By completing the registration process for a customer account and/or by ordering content, the Customer submits an offer to enter into a contract and/or modification of an existing contract for the use of the Service, under the terms described in the offer. The respective service descriptions and any price information are part of this offer and become part of the contract for the use of the service, provided such a contract is concluded. ACS accepts the offer by means of a corresponding express declaration and/or by providing the service.
4.3. The contract between ACS and the Customer is concluded upon receipt of the declaration of acceptance or through the provision of the Service. If confirmation (e.g., by clicking a confirmation link), age verification, or other proof is required for the order of individual content, the contract is concluded subject to the condition precedent of the corresponding proof.
4.4. ACS reserves the right to reject the Customer’s offer to conclude a contract for the use of the Service or the purchase of content in individual cases where there are objective grounds (e.g., insufficient proof of age).
4.5. The contract is concluded in English. ACS does not provide for separate storage of the contract text. The content of the contract concluded with ACS is determined by the details of the order (including the service descriptions and, if applicable, price information valid at the time of the order) and the Terms of Use. The relevant information will be sent to the Customer via email as a contract confirmation upon or after the conclusion of the contract. The Customer may access the current version of these GTC at any time at the bottom of this page.
5. Payment
5.1. Some selected content from AlefCine Stream is available to Customers free of charge. Access to and use of this content requires only a valid registration.
5.2. For content offered under the TVoD model, the Customer must pay the price specified on the Service for each view or purchase. The content is made available only after full payment has been received. If the Customer books a subscription (SVoD), a recurring fee is payable by the Customer. Upon payment of the subscription fee, the Customer gains access to all content released for the SVoD model.
5.3. The current prices for paid services are displayed during the respective ordering process. All prices include the applicable statutory value-added tax.
5.4. The Customer agrees to pay the respective fee for paid services in accordance with the following provisions:
5.4.1. Unless otherwise agreed, the usage fee is due immediately upon provision of the content or services. For subscriptions, payments are billed monthly at the beginning of each billing period and are due immediately, unless otherwise specified in the invoice. The first billing period begins on the date the contract is concluded and ends at the end of the last day of the subscription period.
5.4.2. The Customer is also liable for fees incurred when third parties order paid content via the Customer’s account and the Customer is responsible for this, e.g., by not taking reasonable and sufficient steps to prevent unauthorized access.
5.4.3. ACS is entitled to adjust the prices of the paid services and content at its reasonable discretion in line with changes in the total costs relevant to the price calculation. The following elements influence the pricing of paid services and content:
production and licensing costs, costs for providing the technical infrastructure required to use the Service, customer service, administrative costs, overhead costs (such as rent, energy costs, etc.), government-imposed fees, taxes, and levies.
5.5. The Customer is entitled to a right of set-off only to the extent that their counterclaim against ACS has been legally established, is undisputed, or has been acknowledged by ACS, or arises from the same transaction as the claim against which the set-off is being made. The right of retention, in particular the defense of non-performance of the contract, remains unaffected.
5.6. In the event of default in payment, the applicable statutory provisions shall apply. In the event of the Customer’s default and for the duration thereof, ACS has the right to suspend the Customer’s further use of the Service. Such a suspension does not release the Customer from their obligation to pay the fees incurred. Even in the event of suspension due to material breaches of duty, in particular serious violations of the Terms of Use of the service or these GTC, the obligation to pay and the possibility of asserting further claims for late payment remain in effect.
6. General Liability
6.1. ACS shall be liable—regardless of the legal basis—for damages or reimbursement of futile expenses in accordance with the following provisions under sections 6.1.1 and 6.1.2 :
6.1.1. For its own willful misconduct or gross negligence, ACS shall be liable without limitation. For its own simple negligence, ACS shall be liable only for damages resulting from the breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the Customer regularly relies and may rely); in such cases, however, ACS’s liability shall be limited to compensation for foreseeable damages typical for this type of contract.
6.1.2. The exclusions and limitations of liability set forth in Section 6.1.1 shall not apply if ACS has fraudulently concealed a defect or has assumed a guarantee for the quality of the item, for damages resulting from injury to life, limb, or health, or in the event of liability under the German Product Liability Act or mandatory laws or regulations of other jurisdictions, insofar as applicable.
6.2. To the extent that ACS’s liability is excluded or limited, this also applies to the personal liability of ACS’s legal representatives and vicarious agents.
6.3. The Customer is liable for damages, costs (including legal defense costs up to the statutory limit), and expenses arising from culpable breaches of the obligations arising from the user relationship between ACS and the Customer, in particular those arising from the Terms of Use, and indemnifies ACS against any claims by third parties arising therefrom.
6.4. Notwithstanding the foregoing liability provisions, ACS is generally not liable for third-party audiovisual content accessible via the Service. However, the Customer may contact ACS through the channels provided for this purpose if there is concern that audiovisual content accessible via the Service jeopardizes the interests or legal rights of the Customer or other persons.
7. Termination
7.1. The Customer may terminate the contract for the use of the free user account or free content at any time without notice. Notwithstanding the foregoing, if the Customer has entered into ongoing service agreements for paid services that require a user account, the service agreement for the user account may only be terminated after the termination or simultaneous cancellation of the ongoing service agreements. Termination of a free user account may be effected by email, specifying the email address used, or by using the appropriately labeled input fields and functionalities. Upon termination of the user agreement, the free user account will be deleted. Termination of the user agreement is equivalent to the termination of all usage rights for audiovisual content associated with the user account, whether acquired free of charge or for a fee.
7.2. ACS may terminate contracts for the use of the free user account as well as contracts for paid ACS services with 30 days’ notice to the end of the respective contract term and deactivate access. ACS will notify the Customer via email of the impending termination and deactivation.
7.3. Usage contracts for paid content have the term specified in the respective service descriptions. These contracts are automatically extended by one additional month upon expiration of the minimum term, unless terminated before the end of the contract term. For usage contracts regarding paid services, termination is effected via the designated termination button in the user account.
7.4. The simultaneous termination of the user account and of current usage agreements for paid services does not affect ACS’s claim for payment for the paid services.
7.5. The right of both parties to terminate for cause remains unaffected. For ACS, cause exists in particular if the Customer violates obligations under the Terms of Use, legal regulations, or the rights of third parties and fails to remedy these violations despite a prior warning, the setting of a deadline, and, if applicable, the suspension of their user account.
8. Right of Withdrawal
8.1. If you, as a consumer, enter into a contract for the purchase of paid ACS services, the following applies:
8.1.1. Cancellation Policy
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date the contract is concluded.
To exercise your right of withdrawal, you must inform us (ADDRESS and EMAIL ADDRESS) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may use the sample withdrawal form linked here, though this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires. 8.1.2. Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us ), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
8.1.3. Exclusion of the Right of Withdrawal:
Upon entering into a contract for the purchase of paid ACS services, you expressly agree, upon commencing use of the paid service (e.g., the start of playback or download of audiovisual content), that ACS may begin performing the contract (by making the ordered ACS service available for use) before the expiration of the withdrawal period specified in Section 8.1.1, and you confirm that you are aware that by giving your consent, you lose your right of withdrawal upon the commencement of the contract’s performance.
8.2. Upon conclusion of a contract for the purchase of free ACS services, the right of withdrawal expires upon performance of the contract (by making the ordered ACS service available for use) before the expiration of the withdrawal period specified in Section 8.1.
9. Governing Law and Jurisdiction
9.1. The law of the Federal Republic of Germany shall apply exclusively, expressly excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2. The courts of the Federal Republic of Germany shall have exclusive international jurisdiction over all disputes arising from this contract. Among the courts of the Federal Republic of Germany, the court having jurisdiction over the registered office of ACS in Berlin shall have exclusive local jurisdiction over any disputes arising from this contract.
9.3. The courts of the Federal Republic of Germany shall have exclusive international jurisdiction over all disputes arising from this contract that are not already covered by Section 9.2. Among the courts of the Federal Republic of Germany, the court having jurisdiction over the registered office of ACS in Berlin shall have exclusive local jurisdiction over all disputes arising from this contract that are not already covered by Section 9.2.
AlefCine Stream Terms of Use
For the use of the AlefCine Stream service (hereinafter “Service”), offered and operated by AlefCine Stream GmbH, Krefelder Str. 13, 10555 Berlin, Germany (hereinafter “Provider”).
1. Subject Matter
1.1. The subject matter of these Terms of Use is the use of the Service by third parties (hereinafter “Users”) for the purpose of accessing various audiovisual content, in particular films (hereinafter “Streaming Content”). Streaming Content may be accessed by Users via various internet-enabled devices, in particular televisions, computers, mobile phones, tablets, and similar devices, using the Service’s website or an app provided by the Provider for the respective device.
1.2. These Terms of Use govern the use of the Service by registered Users. They apply exclusively to the services provided by the Provider in this context for navigating and displaying Streaming Content, including the user interface functions established for this purpose, as well as all related content and software offerings.
1.3. Third-party services mentioned or advertised in connection with the Service, its features, or streaming content do not fall within the scope of these Terms of Use. In this regard, the terms of use of the respective provider apply (see Vimeo at https://vimeo.com/legal).
2. User Accounts
2.1. A user account is required to use the Service. User accounts may be created by adults by providing individual login and payment information. Minors are excluded from using the Service. Use of the Service is strictly limited to private purposes. Commercial use is prohibited.
2.2. User accounts can be created free of charge via the website and the Service’s various apps. All information provided during the creation of user accounts must be complete and truthful. If any information changes, the User is obligated to update it immediately or, if updating is not possible, to notify the Provider of the changes immediately.
2.3. The User is responsible for choosing a secure password and protecting this password from access by third parties. The Provider recommends changing the password regularly. If there is suspicion of misuse of a user account by a third party, the Provider is entitled to block the affected user account from accessing the Service until the matter is clarified or until the login credentials are changed. Intentionally enabling misuse by a third party entitles the Provider to permanently block the affected user account and the responsible User from accessing the Service.
2.4. The User must ensure that the Services they use, and in particular their user account, are not accessible to children and minors who are excluded from using the Service under applicable youth protection laws or for other compelling legal reasons. The User is fully responsible for all actions taken using their login credentials.
2.5. Simultaneous use of the Service via a user account is permitted on no more than two different devices. Use of a user account by multiple persons is prohibited.
3. Changes to the Terms of Use
3.1. The Provider is entitled to amend these Terms of Use, unless such amendments restrict the scope of the Service as a whole to the detriment of the User, provided that such restriction does not serve solely to implement mandatory legal requirements.
3.2. The Provider shall notify Users of changes to the Terms of Use via the email address provided by the respective User when using the Service, and shall include an overview of the changes to the Terms of Use in an appropriate form, such as an attachment or a link. Unless the User objects to the change within two weeks of receiving this notification, the change shall be deemed accepted by the User. The objection may be submitted via email.
4. Provision of Streaming Content
4.1. Streaming Content is provided in the maximum resolution and video quality visible on the respective Service page, in the specified language versions, and with the additional features visible on the Service page (e.g., subtitles). The User acknowledges that the quality of the streaming content upon retrieval depends on the speed and stability of the User’s internet connection. The User has no right to the provision of streaming content in any other manner or with any other additional features.
4.2. The conditions and restrictions that apply to the provision of the specific Streaming Content depend on how the User accesses it: by purchasing or renting it, through a paid subscription, or free of charge. Rental Streaming Content generally expires after 48 hours once the User has accessed the Streaming Content by streaming or downloading it. Access to the Streaming Content will only be provided for the applicable rental period, usually within 30 days after payment of the rental fee.
4.3. The Provider is entitled to adapt and modify the provision of streaming content within the scope of the Service in a manner reasonable for the User, taking into account the interests of both parties. Beyond already established access rights, the User has no claim to the provision of specific Streaming Content by the Provider. Even where access rights exist, the Provider is always entitled to make minor or legally required adjustments and changes.
5. Rights and Obligations of the User
5.1. Upon the conclusion of a contract for the access to Streaming Content, the Provider grants the User, with respect to the respective Streaming Content covered by such contract, a strictly personal, non-exclusive, and non-transferable right to access the Service and to access the respective Streaming Content for the duration of the contract via channels provided by the Provider on suitable end devices or, in case of rentals, for the duration of the rental period. This does not give rise to any further rights or claims for the User.
5.2. In exchange for the grant of rights described above, the User agrees to pay the fee charged for the grant of rights to the respective Streaming Content using one of the payment methods provided by the Provider for this purpose. Connection costs, in particular for services provided by an internet service provider, as well as costs for the procurement, setup, operation, or maintenance of the end devices used, are not included in the fee and are the sole responsibility of the User.
5.3. The availability of Streaming Content depends on the visibility of the respective Streaming Content on the Service. Streaming Content is generally accessible in any country or territory where it is displayed to the User on the Service, unless otherwise specified. Otherwise, and beyond mandatory legal requirements, the User has no entitlement to access Streaming Content in every country or territory.
5.4. The User is responsible for meeting the general minimum technical requirements for using the Service and accessing Streaming Content, specifically having internet access and a suitable device. To ensure the full and stable usability of the Service via the app, the User is required to install the latest version of the respective app at all times. The Provider is under no obligation to provide any support for older versions of the app.
5.5. Violations of obligations arising from these Terms of Use may result in the Provider restricting or suspending the provision of the Service to the User to the extent necessary to ensure the User’s future compliance with the Terms of Use, including limiting or denying access to any and all Streaming Content.
6. General Liability
6.1. The Provider is liable—regardless of the legal basis—for damages or reimbursement of futile expenses in accordance with the following provisions under sections 6.1.1 and 6.1.2 :
6.1.1. For its own intent or gross negligence, the Provider shall be liable without limitation. For its own simple negligence, the Provider is liable only for damages resulting from the breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract with the User and on whose compliance the User regularly relies and may rely); in this case, however, the Provider’s liability is limited to compensation for foreseeable damages typical for this type of contract.
6.1.2. The exclusions and limitations of liability set forth in Section 6.1.1 do not apply if the Provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the item, for damages resulting from injury to life, limb, or health, or in the event of liability under the German Product Liability Act or mandatory laws or regulations of other jurisdictions, insofar as applicable.
6.2. To the extent that the Provider’s liability is excluded or limited, this also applies to the personal liability of the Provider’s legal representatives and vicarious agents.
7. Force Majeure
7.1. Notwithstanding the general liability provisions, the Provider’s liability for the delayed provision or non-provision of the Service or individual streaming content or functionalities is excluded to the extent that the delay or non-provision is beyond the Provider’s control.
7.2. A delay or failure to provide the service is beyond the Provider’s control, in particular, but not exclusively, in the following cases: war or civil unrest, natural disasters, extreme weather conditions, government orders, failure of electronic or mechanical equipment or communication channels, unauthorized access by third parties, computer viruses, operator errors, or similar events.
8. Miscellaneous
8.1. The laws of the Federal Republic of Germany shall apply exclusively. The applicability of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
8.2. In the course of operating the Service, particularly for the execution of payment transactions, the creation of user accounts, and the provision of streaming content, the Provider collects and processes Users’ personal data. The processing of such personal data is governed by the Provider’s privacy policy available under https://stream.alefcinestream.com/privacy.
