Terms and conditions
Version 1.7 - Feb 5, 2024
Welcome to Over.TV
We are a media company that, through a free streaming platform, provides out-of-home advertising services, distributing video content to commercial establishments via a connected television (CTV) player.
By accessing or using our services through the OverTV website, subdomains or platform, whether as an advertiser or partner establishment, you agree to comply with and be bound by the following Terms of Use. We reserve the right to modify or revise these Terms of Use at any time. time. If you do not agree to these terms and conditions, please do not use our services.
The company that owns the Over TV brand in Brazil, which operates advertising media in Reais (BRL), is Over Brasil Conteúdo de Mídia Ltda., registered with CNPJ nº 55.306.551/0001-70, (“Over TV”).
To understand how we treat your personal data, including the collection, use, storage, processing, sharing, security and control of this data, you should consult the Privacy Policy.
About Services
1.1. Over TV offers a free streaming platform for businesses, providing different categories of video content, to connect television from commercial establishments to advertising brands, working through the FAST (Free ad-supported streaming television) model, that is, Television via Free ad-supported streaming.
1.2. We are always looking to improve our services, improve commercial conditions, increase metrics segmentation to enhance the distribution of better advertising campaigns and offer the best experience for our customers. We may at any time suspend, discontinue or add features to our services, for any reason and without notice.
1.3. Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that our services will be available on an uninterrupted or error-free basis.
Eligibility
2.1. To register as an advertiser or commercial establishment, you must be at least 18 (eighteen) years of age, or have the authorization of a legal representative of legal age to be able to use the services. If the registration is carried out by a legal representative, by allowing use through authorization, you agree with the terms of this contract and declare yourself responsible for all activities following the registration approval of your ward.
2.2. Over TV may refuse or cancel the registration of users, whether at the advertiser or commercial establishment level, if it becomes aware, by itself or through a substantiated complaint from a third party, of the existence of a conviction, through a final and unappealable sentence, for (a) crimes heinous, or equated with heinous crimes; (b) involvement in criminal organizations, money laundering, terrorist acts or international human trafficking; or (c) crimes committed by electronic means or cyber mechanisms.
2.3. You are solely responsible for registering truthful, accurate and updated information, and will be responsible for the consequences of providing false, incomplete or incorrect data or information during or after registration. Always check the information provided to Over TV before filling out forms.
Creating your Over TV account
3.1. To use Over TV's services, whether as an advertiser or a commercial establishment, you need to create an account and wait for verification to gain access to the control panel. In the registration form, you confirm that all the information provided is current, true, and complete, and you agree to keep the data updated if there are any changes in personal information. You also confirm that you have the authority to represent your company and agree to the terms of use of the player, whether as an advertiser or a commercial establishment.
3.2. After verifying your account and all the information provided by you on the registration page, as well as your acceptance of these Terms of Use and our Privacy Policy, you will gain access to the control panel.
3.3. Each panel has an interface according to the previously selected function.
a. Advertiser: The homepage provides quick data about the account numbers and metrics. The online platform features a settings menu (profile) for information registration, a campaigns menu for creating and managing ads, a wallet, and support for questions and customer service.
b. Commercial establishment: The registration is linked to the request for the player. Once the registration form is completed, you create your account and have access to the panel with the "Venue" (establishment) function, but you still need to wait for the data verification phase, which occurs within a maximum of 48 (forty-eight) hours. If approved, you will be able to receive your OverTV player at the provided address.
3.4. Within the establishment's control panel, it is possible to analyze numbers and metrics of the revenue from each player, request new ones for different locations, view channels and categories of the videos available on the streaming app, and in the wallet menu, you can withdraw the revenue obtained.
3.5. The player is a CTV (connected TV) device sent to the commercial establishment free of charge, with no additional or undisclosed costs. The cost of the device is detailed in the contract sent to the commercial establishment upon registration approval, which also includes some activation rules, to validate (post-activation) the partnership for revenue sharing from advertising campaigns.
3.6. The commercial establishment must register its financial data to initiate the account analysis for future commission withdrawals. You agree that all provided banking information is legitimate and permit Over TV to process this confidential data with payment providers.
3.7. The amounts due to the commercial establishment, which can be viewed in the "wallet" menu, will be paid by one of our payment providers. Over TV does not store any disclosed data.
3.8. The first withdrawal from a new account, concerning commissions to be received, will be subject to prior validation and analysis.
3.9. By requesting the opening of your account, you agree to select a secure password, as well as to provide accurate, complete, and up-to-date information about yourself. You are responsible for maintaining the confidentiality of your password and for any activity that occurs on your account.
Device/Player
OverTV provides commercial establishments with a streaming player enabled for Internet/Wi-Fi use to broadcast their content.
4.1. The Internet/Wi-Fi required to connect the Over TV Player is entirely the responsibility of the commercial establishment.
4.2. Once your player request form is approved by our team, we will notify you via the email and phone number provided in the registration. The next step will be to send the Over TV player to your address, including an instruction manual (on how to install), a remote control, and the necessary accessories for connection.
4.3. The devices/players will be sent only after our verification and acceptance of the authenticity of your account information.
4.4. You will be responsible for the immediate installation of your device(s)/player(s). To maintain the free plan, you must follow the activation rules; otherwise, you may be subject to the fees established below.
4.5. Regarding the activation of the Over TV device/player:
a. The representative of the commercial establishment agrees to connect the player(s) to the location’s televisions for 20 (twenty) hours during the first month from the date of receipt, as a minimum requirement for activating the free streaming service, or be subject to a fee of R$184.00 (one hundred eighty-four reais), representing the cost of the player.
b. This amount will be considered settled by Over TV, excluding any charges, and will be free, provided that the player is activated and connected to the commercial establishment's connected television, streaming content through the Over TV app for at least 20 (twenty) hours within the first month, starting from the date of receipt of the player at the address provided in the "player request" registration.
c. You agree that our Customer Service team may contact you via email or phone if you have not installed the device.
4.6. After your device is activated, registered, and installed, you will have access to the Over TV app, which you will use to display Over TV content at your location(s). All devices/players need to be activated, registered, and installed correctly for you to use the service.
4.7. You must not use your provided Device/Player to access any other platforms, content, third-party websites, apps, or for any purpose other than what is established in these Terms.
4.8. You will need at least 1 (one) device per location. You are responsible for ensuring that the Device/Player is correctly connected and has sufficient Internet and/or Wi-Fi access to operate the service. Over TV may provide the required Internet speed requirements upon request.
4.9. You may not use the Device/Player sent to you, which is registered in our system with its own player ID, precisely for your establishment's location, for other locations or sites other than the location where the Device is located. Additionally, you agree to ensure that the device is connected to the correct input and streams content properly.
About payments
5.1. Over TV reserves the right to change any value, commission or transactional information at any time, previously notifying all customers of the reason and expected impact of such change.
5.2. Over TV mediates the receipt of balances from advertiser campaigns and, based on advertising placement (proven), shares the values determined by the commission policy with commercial establishments.
5.3. The commercial establishment's commission represents 20% of the revenue generated by advertising campaigns.
5.4. Commercial establishment: The income from the commission received may be withdrawn by the legal representative of the commercial establishment, or the user responsible for managing the control panel. However, if it is the first withdrawal from the account, item 3.8 of these Terms will be observed.
Intellectual property
6.1. **Ownership Rights**: All rights, titles, and interests related to the services, including all intellectual property rights, belong to Over TV or its licensors. You must not copy, modify, distribute, sell, or rent any part of our services.
6.2. **Trademark and Design**: The "Over TV" brand, logo, colors, distinctive services, visual identity (design), web pages, slogans, commercials, and scripts are proprietary licensed items fully owned by Over TV. Anyone attempting to reproduce the brand will be subject to legal sanctions under current Brazilian law.
6.3. **Feedback**: Any feedback, comments, or suggestions you provide regarding our services are voluntary, and we may use such information without any obligation to you.
6.4. **Intellectual Property Violation**: If you believe that any of your or a third party’s intellectual property has been improperly used through our services in a way that infringes upon your or another person’s copyright or other rights, please contact us providing the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property rights holder;
b. A description of the copyrighted work or other intellectual property you claim has been infringed;
c. A description of where the material you claim is infringing is located;
d. Your address, phone number, and email address;
e. A statement that you believe in good faith that the disputed use was not authorized by the copyright owner or intellectual property rights holder, its agent, or by law;
f. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner.
Limitation of Liability
7.1. To the fullest extent permitted by law, Over TV will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether direct or indirect.
7.2. Over TV has a strict screening process for advertising campaigns to avoid materials that contain:
a. Adult content, including nudity, sexual terms, and/or images of people in excessively suggestive or sexual /positions or activities;
b. Obscene, defamatory, libelous, or illegal content;
c. Content that infringes on the rights of third parties, including copyrights, trademarks, privacy, publicity, or other personal or property rights, or that is misleading or fraudulent;
d. Inflamatory religious content;
e. Politically religious agendas and/or any known associations with hate, criminal, and/or terrorist activities;
f. Hate speech, whether directed at an individual or a group, and whether based on race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
7.3. The products and/or services offered by advertisers in advertising campaigns displayed on Over TV’s streaming platform are the sole responsibility of the advertiser. You consume them at your own risk. Over TV makes no guarantees or representations regarding the use or results of using the products of the advertisers.
7.4. Over TV disclaims all express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Dispute Resolution
8.1. These Terms of Use will be governed and interpreted in accordance with the laws of Brazil.
8.2. Any action will be brought exclusively in the courts located in Brazil and you consent to such jurisdiction and venue to the extent permitted by applicable law.
General Provisions
9.1. Estes Termos de Uso constituem o acordo integral entre você e a Over TV em relação ao uso dos nossos serviços. Se qualquer disposição destes Termos de Uso for considerada inválida ou inexequível, as demais disposições permanecerão em pleno vigor e efeito. Nossa falha em fazer cumprir qualquer direito ou disposição destes Termos de Uso não constituirá uma renúncia a tal direito ou disposição.
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