CtrlMovie Terms of Service

Effective Date: January 31, 2025

Welcome to CtrlMovie! As we are all about decisions, we are glad you made the choice to use our service. By accessing or using our services, including our website, mobile applications, gaming applications, streaming services, and related apps (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

1. Acceptance of Terms

By using the Service, you acknowledge that you have read, understood, and agreed to:

  • These Terms of Service
  • Our Privacy Policy
  • Any additional terms or policies referenced herein

If you are under the age of 18, you must have permission from your parent or legal guardian to use the Service.

2. Definitions

For the purposes of these Terms, the following definitions apply:

  • Service: The collective offering of websites, applications, interactive content, and other digital media provided by CtrlMovie.
  • User: Any individual or entity accessing or using the Service.
  • Interactive Features: Functions of the Service that allow audience and user participation, including voting and decision-making.
  • Content: All text, graphics, videos, and interactive experiences made available through the Service.

3. Description of Service

CtrlMovie provides an interactive entertainment experience, including decision-based content voting and engagement features that require audience participation. This content may include movies, games, streaming experiences, or other interactive digital media. The Service is available across various platforms, including but not limited to theaters, gaming consoles (e.g., Nintendo, Xbox, PlayStation, Steam), mobile devices (iOS, Android), Apple TV, and other streaming platforms.

Participation in any CtrlMovie interactive content, including voting, requires a stable internet connection (Cellular or WiFi).

4. Compliance with Privacy Laws

General Data Protection Regulation (GDPR)

If you are located in the European Economic Area (EEA), you are entitled to specific rights under GDPR, including:

  • The right to access, correct, or delete your personal data.
  • The right to object to data processing or restrict how your data is used.
  • The right to data portability. To exercise these rights, please contact us at support@ctrlmovie.com.

Act on the Protection of Personal Information (APPI)

If you are located in Japan, you are entitled to the following rights under APPI:

  • The right to request disclosure of your personal information.
  • The right to request corrections, additions, or deletions of inaccurate or outdated data.
  • The right to suspend the use or sharing of your personal information. To exercise these rights, contact us at support@ctrlmovie.com.

Children’s Online Privacy Protection Act (COPPA)

CtrlMovie does not knowingly collect personal information from children under 13 without verifiable parental consent. If we become aware that we have collected information from a child under 13, we will promptly delete it. Parents or guardians can contact us to review or request deletion of their child’s information at support@ctrlmovie.com.

Lei Geral de Proteção de Dados Pessoais (LGPD)

If you are located in Brazil, you are entitled to specific rights under LGPD, including:

  • Access to Your Data: The right to confirm the existence of data processing and access your personal data.
  • Correction of Inaccurate Data: The right to request correction of incomplete, inaccurate, or outdated personal data.
  • Data Portability: The right to request the transfer of your data to another service provider.
  • Deletion of Data: The right to request the deletion of personal data processed with your consent, except where retention is required by law.
  • Objection to Processing: The right to object to processing based on non-compliance with LGPD. To exercise these rights, contact us at support@ctrlmovie.com. CtrlMovie will respond to requests within 15 business days, in accordance with applicable laws.

5. Platform-Specific Use

Theatrical Use

  • Users participating in theaters in most cases will be required to use their own mobile devices for voting. Please follow the theater’s instructions to ensure a smooth experience.
  • CtrlMovie discourages disruptive behavior during theatrical events, including misuse of voting devices. Follow all rules and regulations of the theater you are attending.
  • CtrlMovie is not responsible for interruptions to theatrical screenings caused by external factors, such as technical issues, power outages, or other disruptions outside of our control.

Gaming Consoles and Streaming Platforms

  • Ensure your device meets the minimum requirements for compatibility with the Service.
  • Users must comply with the terms and conditions of the platform provider (e.g., Xbox, PlayStation, Steam) in addition to these Terms.

Mobile Apps

  • Use of the CtrlMovie mobile app is subject to app store terms (e.g., Apple App Store, Google Play Store).
  • Ensure you download updates to maintain compatibility.

Smart TVs and Streaming Devices

  • If available, some interactive features may require a companion device (e.g., Amazon Fire Stick TV, Apple TV, Roku, or mobile phone for voting).
  • A stable internet connection is necessary to ensure uninterrupted performance and prevent glitches during interactive experiences.

6. User Responsibilities

To ensure a safe, enjoyable, and fair experience for all users, you agree to comply with the following guidelines when using the Service:

A. General Responsibilities

You are responsible for:

  1. Ensuring your device and internet connection meet the technical requirements for using the Service.
  2. Keeping your account information secure, including safeguarding your login credentials.
  3. Using the Service in compliance with applicable laws and these Terms.

B. Prohibited Conduct

You may not engage in, facilitate, or encourage any of the following:

  1. Unauthorized Access: Attempting to access or interfere with accounts, systems, or networks without authorization.

  2. Disruption of Service: Actions that may interfere with the normal operation of the Service, such as:

    • Spamming voting mechanisms.
    • Introducing malicious code (e.g., viruses, worms, or other harmful software).
    • Engaging in denial-of-service attacks or similar activities.

  3. Abuse or Harassment: Including but not limited to:

    • Harassing, threatening, or abusing other users, staff, or third parties involved with the Service.
    • Promoting violence, discrimination, or hate speech.

  4. Impersonation: Misrepresenting your identity or affiliation with any person or entity.

  5. Content Misuse: Copying, reproducing, or distributing any part of the Service without prior authorization from CtrlMovie.

  6. Circumventing Restrictions: Using tools, scripts, or other methods to bypass security measures or geographic restrictions.

  7. Illegal Activities: Using the Service for any illegal purposes, including but not limited to:

    • Fraudulent activities.
    • Copyright infringement or intellectual property theft.

  8. Harmful Behavior: Any other conduct that CtrlMovie deems harmful, disruptive, or inconsistent with the intended use of the Service.

C. Consequences of Violations

If you violate these Terms, CtrlMovie reserves the right to take any of the following actions at its sole discretion, without prior notice:

  1. Suspend or terminate your account or access to the Service.
  2. Report violations to appropriate law enforcement or regulatory authorities.
  3. Seek damages or other remedies in accordance with applicable law.

D. Reporting Misconduct

If you witness or experience prohibited conduct while using the Service, please report it to us at support@ctrlmovie.com. CtrlMovie reserves the right to investigate all reported incidents and take appropriate action.

7. Internet Connectivity

Your use of the Service, including participating in interactive features, requires a stable internet connection. Users are responsible for ensuring they have a reliable internet connection to participate in voting or other interactive activities. CtrlMovie is not responsible for disruptions or delays caused by poor or unstable connections, including cellular or WiFi issues.

8. Force Majeure

CtrlMovie is not responsible for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, internet outages, or technical failures.

9. Third-Party Services

CtrlMovie may integrate with third-party platforms or services. Users are responsible for complying with the terms and conditions of these third parties. CtrlMovie is not liable for issues caused by third-party failures or changes.

10. Content Accuracy and Updates

CtrlMovie strives to ensure accurate and timely content but does not warrant the completeness, reliability, or availability of such content. Users acknowledge that updates may cause temporary interruptions or changes to the Service.

11. Refund Policy for Paid Features

Refunds for paid features are subject to the refund policies of the platform provider (e.g., Apple App Store, Google Play Store). CtrlMovie is not responsible for refund processing delays or errors caused by these third parties.

12. Geographic and Licensing Restrictions

The availability of CtrlMovie content may vary by region due to licensing agreements. Users are responsible for ensuring compliance with local laws when accessing the Service.

13. User Misuse of Service and Termination

CtrlMovie is not responsible for any damages or losses resulting from unauthorized or inappropriate use of the Service, including violations of these Terms.

CtrlMovie reserves the right to terminate access to the Service for:

  • Violations of these Terms;
  • Unauthorized or inappropriate use of the Service.

Users may terminate their agreement at any time by ceasing use of the Service.

14. Interactive Mechanisms (e.g., Voting)

Interactive functionality is a core feature of the CtrlMovie experience:

  • Participation in interactive features, including voting, requires a stable internet connection (Cellular or WiFi).
  • Results of votes or decisions are determined by collective audience participation, and individual votes may not always determine the final outcome.
  • CtrlMovie is not responsible for the choices made during any particular screening or instance of interactive content. If you are dissatisfied with the outcome or encounter the same outcome during multiple experiences, this is a result of collective participation, and CtrlMovie bears no liability for such occurrences.
  • CtrlMovie reserves the right to manage, modify, or suspend interactive features as necessary to maintain the integrity of the Service.

15. Data Breach Notification

In the event of a data breach that involves your personal information, CtrlMovie will:

  • Notify affected users promptly, in accordance with applicable laws (e.g., GDPR, APPI, LGPD).
  • Provide details about the breach, including potential risks and mitigation steps.

16. Dispute Resolution

Disputes arising from these Terms will be resolved as follows:

  • Informal Resolution: Contact support@ctrlmovie.com to attempt resolution.
  • Binding Arbitration: If unresolved, disputes will be arbitrated under the International Chamber of Commerce (ICC) rules in Switzerland, unless prohibited by local laws.

17. Updates to Terms

CtrlMovie reserves the right to update or modify these Terms at any time. Users will be notified of significant changes via email (if provided) or through prominent notices on the Service. Continued use of the Service after such updates constitutes agreement to the revised Terms.

18. Limitation of Liability

To the fullest extent permitted by law, CtrlMovie, its affiliates, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising from or related to your use of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if CtrlMovie has been advised of the possibility of such damages.

CtrlMovie’s total liability to you for any claim arising out of or relating to these Terms or your use of the Service shall not exceed the greater of:

  1. $100 USD, or
  2. The total amount you have paid to CtrlMovie for the use of the Service in the twelve (12) months immediately preceding the claim.

This limitation applies regardless of the number or type of claims and includes all damages, losses, or causes of action related to:

  • Service Disruptions: Including but not limited to interruptions due to technical issues or connectivity failures.
  • Third-Party Platforms: Any issues or damages caused by third-party services or platforms integrated with the Service.
  • Data Breaches: Except where required by applicable data protection laws.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional rights under local laws. In such cases, CtrlMovie’s liability shall be limited to the maximum extent permitted by applicable law.

This limitation of liability shall survive any termination or expiration of these Terms and your use of the Service.

19. Accessibility

CtrlMovie is committed to making its Service accessible to all users, including individuals with disabilities. We strive to comply with recognized accessibility standards, such as the Web Content Accessibility Guidelines (WCAG). If you encounter accessibility issues, please contact us at support@ctrlmovie.com for assistance.

20. Copyright and Intellectual Property

All content provided through the Service is the property of CtrlMovie or its licensors and is protected by intellectual property laws. Users are prohibited from reproducing, distributing, or publicly displaying content without prior authorization.

To report copyright violations, contact us at copyright@ctrlmovie.com with:

  1. A detailed description of the alleged infringement.
  2. Proof of ownership of the copyrighted material.

21. Contact Us

For questions or concerns about these Terms, your privacy rights, or to exercise your legal rights, contact us at:

CtrlMovie AG
Grenzstrasse 5a, 6214 Schenkon, Switzerland
Email: support@ctrlmovie.com