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Terms & Conditions

Last Update: September 9, 2024

Contents

 

This Intellectual Property Policy describes how we handle claims of intellectual property infringement on WindowSeat’s websites, applications and services (the “WindowSeat Services”).

WindowSeat respects intellectual property rights and expects its users to do the same. In using the WindowSeat Services, users must comply with the WindowSeat User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.

Hello, and welcome to the terms and conditions for WindowSeat™ Paid Subscriptions (“Paid Subscription Terms” or “Terms”). These Paid Subscription Terms are important because they:

describe the types of Paid Subscriptions that are available; and

explain how Paid Subscriptions work and the conditions attaching to your eligibility for and use of them.

PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CERTAIN CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY AND USE OF PAID SUBSCRIPTIONS, ASSOCIATED ADD-ON FEATURES, TRIAL ELIGIBILITY, AS WELL AS INFORMATION ON WHAT HAPPENS AFTER YOUR PAID SUBSCRIPTION, TRIAL OR ADD-ON FEATURE COMES TO AN END.

CERTAIN PAID SUBSCRIPTIONS CONTINUE INDEFINITELY AND YOU WILL CONTINUE TO BE CHARGED THE RECURRING SUBSCRIPTION FEE AS ADVERTISED, AND AS AMENDED FROM TIME-TO-TIME, UNTIL YOU CANCEL YOUR ACCOUNT.

Here we go…

Introduction

Paid Subscriptions, as defined in the WindowSeat™ Terms and Conditions of Use (“Terms of Use”), are made available by WindowSeat™ subject to the Terms of Use, which are hereby incorporated by reference, including its Arbitration Agreement.

By purchasing a Paid Subscription, you acknowledge and agree to these Paid Subscription Terms, including the Terms of Use and User Guidelines. Capitalized terms used but not defined herein shall have the same meaning given to them in the Terms of Use. If you purchase a Paid Subscription directly through WindowSeat™, we will use your payment details and any other information in accordance with our Privacy Policy. If you purchase a Paid Subscription or begin a Trial (as defined below) through a third party, you will transact directly with that third party, and your purchase and/or Trial will also be subject to that third party’s terms and conditions. If you purchase a Paid subscription using a gift card, please see the Gift Card Terms and Conditions.

These Paid Subscription Terms, the Terms of Use and the Privacy Policy along with any other terms referenced in this document should be read carefully. To the extent these Terms conflict with the Terms of Use or Privacy Policy, these Terms shall take precedence to the extent of such conflict.

You can find descriptions of each Paid Subscription and their features on our website, and we will explain which options are available to you when you create a WindowSeat™ account. Subject to these Paid Subscription Terms, users who purchase a Paid Subscription may access that Paid Subscription for their own personal use (and for their household members, where applicable) from the moment they submit their payment details successfully to WindowSeat™, or applicable third party, and complete the checkout process.

Paid Subscriptions include, amongst others, subscriptions under the WindowSeat™ Premium brand (“Premium”), such as WindowSeat™ Premium Individual (“Premium Individual”), WindowSeat™ Premium Student (“Premium Student”), WindowSeat™ Premium Family (“Premium Family”), WindowSeat™ Premium Duo (“Premium Duo”) and any other Premium offerings made available from time-to-time (each a “Premium Plan”).

From time to time, we may also offer special promotional plans, content or memberships, including offerings of third party products or services in conjunction with or through the WindowSeat™ Service. We are not responsible for the products or services provided by such third parties.

We reserve the right to modify the features and content we provide as part of our Paid Subscriptions from time to time and for any reason.

We may withdraw or suspend a Paid Subscription, in whole or in part, at any time and for any reason. After such time, WindowSeat™ shall not be obligated to maintain or permit any further access to such Paid Subscription(s) and subscribers to that Paid Subscription will no longer be charged.

Certain Paid Subscriptions may have specific eligibility requirements which you must adhere to in order to be a subscriber. Paid Subscriptions may not be available to all users including, for example, past subscribers who wish to rejoin having cancelled their subscription or after it is discontinued by WindowSeat™.

2.1. Single-user Paid Subscriptions

“Single-user Paid Subscriptions”, such as Premium Individual, entitle the paying account holder to access such Paid Subscription for their own personal use.

2.2. Household Paid Subscriptions

Currently WindowSeat™ does not offer Houshold Paid Subscriptions.

2.3 Student-user Paid Subscriptions

Currently WindowSeat™ does not offer Student-user Paid Subscriptions.

Payment; Cancellation

Unless otherwise indicated (for example, if you have signed up for a Prepaid Period (as defined in the Terms of Use)), Paid Subscriptions continue indefinitely until cancelled. You will be billed on a recurring basis on the first day of each billing period and you will pay and you authorize us (or the applicable third party, if you sign up through a third party) to charge your payment method the then-current subscription fee.

You may cancel your Paid Subscription at any time by logging into your WindowSeat™ account and following the prompts on the Account page or by clicking here and following the instructions. Unless otherwise indicated, cancellation will take effect from the end of the billing period in which you cancel.

Free and discounted trials

From time to time, we or others on our behalf, may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (each a “Trial”). Each Trial is made available in connection with a particular Paid Subscription and, in each case, this section on Trials supplements and incorporates by reference the additional terms and conditions for that corresponding Paid Subscription. In case of any conflict with the additional terms and conditions for a Paid Subscription, then this section 4 shall take precedence. Each Trial is made available subject to how it is advertised, and subject to the rules on eligibility, availability, and duration and cancellation set out below. Unless otherwise advertised, Trials do not permit or provide access to any third party products or services.

For some Trials, we’ll require you to provide your payment details to start the Trial (which will be stored and processed in accordance with our Privacy Policy). By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a monthly recurring basis or other interval that we will disclose to you in advance, unless you cancel beforehand (see section 3 above with more details on how to cancel). Each Trial provides access to the Paid Subscription advertised:

A. at the price advertised (if any); and

B. for an initial introductory period as further described in section 4.3 below, beginning from the moment that you confirm your purchase of the Trial, by completing the checkout process (the “Trial Period”).

4.1. Trial eligibility.

In order to be eligible for a Trial, users must satisfy all of the following conditions (each an “Eligible User”):

A. Unless you are subscribing to a Trial that is advertised as available to past subscribers, you must be a new subscriber to any and all Paid Subscriptions and not have subscribed to, or accepted a trial of, a Paid Subscription at any time in the past.

B. If you are subscribing to a Trial that is advertised as available to past subscribers, you must have been a subscriber to the relevant Paid Subscription (as advertised) and your subscription must have expired before the date or time frame advertised.

C. In respect of Trials for a Household Paid Subscription and a Student-user Paid Subscription: any additional eligibility requirements set out in sections 2.2 and 2.3 respectively above shall apply.

D. Unless otherwise advertised, you must provide WindowSeat™ with a valid and current payment method that is approved by WindowSeat™ (prepaid cards and WindowSeat™ gift cards are not valid forms of payment).

E. Unless otherwise advertised, you must provide the payment method above directly to WindowSeat™ and not through a third party (e.g., not through a cable or telecommunications provider or other distributor).

F. Additional eligibility requirements (if any) as advertised from time-to-time in connection with a Trial.

4.2 Trial availability.

WindowSeat™ will determine your eligibility for a Trial acting reasonably, based on information available to WindowSeat™. A Trial must be accepted before the applicable offer expiration date advertised, if any. To the extent permitted by applicable law, WindowSeat™ reserves the right to modify, suspend or terminate a Trial at any time and for any reason by notice to you and with no liability, in which case we will not honour subsequent enrollments for that Trial.

4.3 Trial duration and cancellation.

In the case of any Trial, the corresponding Trial Period shall continue for the period as advertised, subject to section 4.2, above.

Unless cancelled before the end of the Trial Period, or such Trial is in conjunction with a Prepaid Period, you will automatically become a subscriber to the particular Paid Subscription that you chose to sign up to under the Trial and the payment method you provided will automatically be charged the then-current recurring price on the first day following the end of the Trial on a monthly recurring basis or other interval that we disclose to you in advance (any time-capped features of that Paid Subscription will be reduced by the length of the Trial Period). IF YOU DO NOT WANT TO PAY THIS CHARGE, YOU MUST CANCEL BEFORE THE END OF THE TRIAL BY A) FOLLOWING THE STEPS DESCRIBED HERE IF YOU SIGNED UP FOR THE TRIAL THROUGH WINDOWSEAT™, OR B) IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.

Unless otherwise stated, for example elsewhere in these Terms or in connection with an offer or Trial including during the process of cancelling an offer or Trial, if you cancel a Trial during the Trial Period, you will lose access to the Paid Subscription and your WindowSeat™ account will switch automatically to a WindowSeat™ Free account at the end of the Trial Period.

Allocated content listening time and top-up purchases (applicable to certain Paid Subscriptions only)

Some Paid Subscriptions may come with a certain amount of allocated listening time for a certain type of content (“Allocated Content Listening Time”). We will publish from time-to-time which, if any, Paid Subscriptions include Allocated Content Listening Time and how much listening time, and if we make any changes to this allocation. WindowSeat™ may change the Allocated Content Listening Time, at its discretion, and will notify you in advance of such changes, by any reasonable means. Note: unused Allocated Content Listening Time will be subject to expiry, as advertised.

You may be eligible to purchase additional “Top-Up” hours which you can use if your Allocated Content Listening Time runs out prior to expiry. You can always check your Account page to see what’s included in your Paid Subscription, and how much Allocated Content Listening Time you have left.

The content available for consumption within a Paid Subscription may vary from time-to-time. As a result, such content may not be the same as the catalogue of similar content available elsewhere on WindowSeat™. For example, in the case of audiobooks, any audiobooks made available for consumption as part of a Paid Subscription may not be the same audiobooks as are made available for direct purchase on WindowSeat™. Please see the FAQ for more details on audiobooks on WindowSeat™.

Add-on features

From time to time, WindowSeat™ may make certain add-on services available to Paid Subscription users. The add-on services will have their own terms of use which will apply. We will take reasonable steps to bring these terms to your attention. Certain add-on features may have additional eligibility and payment conditions which, if applicable, will be outlined in the relevant add-on features terms of use.