Terms & Conditions
Terms of Use
1. Introduction
CiniByte provides a personalized subscription service that allows our members to access Films, Short Films, Web Series, and TV shows ("Content") streamed over the Internet to certain Internet-connected devices ("CiniByte ready devices"). These Terms of Use govern your use of our service. "CiniByte service", "our service", or "the service" refers to the personalized service provided by CiniByte for discovering and watching CiniByte content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
2. Intellectual Property
The content on CiniByte, including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights, is owned by CiniByte and/or its licensors or group companies and is protected by applicable Indian and International copyright and other intellectual property laws. You acknowledge and agree that you shall not have, nor be entitled to claim, any rights in and to the Website/Application content/services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, archive, upload, download, publish, broadcast, sell, resell, edit, modify, manipulate, translate, decompile, disassemble, reverse engineer, or exploit the content or any portion of the Website/Application, including the Content and the Marks, except as authorized by these Terms or as otherwise authorized in writing by CiniByte. You are also prohibited from creating derivative works or materials based on the Content and the Marks, except as authorized by these Terms or as otherwise authorized in writing by CiniByte. You must abide by all copyright notices and other proprietary notices marked on the Content.
3. Age Restrictions
Unless otherwise specified, CiniByte is available for individuals who have attained the age of majority in their jurisdiction. In India, this service is restricted to Users below the age of 18, also referred to as minors. If you are under the relevant age of majority in your jurisdiction, you may only access the Website/Application and avail the Services in accordance with applicable law. By using CiniByte, you represent and warrant that you are 18 years of age or older. If you are under 18, you must have the consent of your parent or guardian. Some content may not be suitable for some viewers, and viewer discretion is advised. Parents and/or legal guardians should exercise discretion before allowing minors to access content on this website.
4. Personal Use
The CiniByte service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your CiniByte membership, we grant you a limited, non-exclusive, non-transferable right to access the CiniByte service and view CiniByte content. Except for the foregoing, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances and not to use our packages for any illegal or unauthorized purposes. You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services and further actions as provided by law. CiniByte may make certain content available to you on either one or a limited number of end-user devices concurrently.
5. Geographical Condition
CiniByte is available in select countries only and is not responsible for hindrances in access due to geographical changes in your location. You will be solely liable for accessing and using CiniByte in your country of use. Your subscription to CiniByte in a particular geographical territory is valid for that territory only and does not entitle you to access your account from a different geographical territory unless permitted by CiniByte. You will be required to re-subscribe to CiniByte if you wish to use the services from a different territory.
6. Membership & Registration
You are responsible for obtaining and maintaining the device and internet connection needed to access and use CiniByte, as well as paying for all related charges. Internet charges depend on the plan you subscribe to from your internet service provider. CiniByte is compatible with selected operating systems and specific versions. The download procedure of the Application is subject to the process specified by the operating system of your device. You need an internet-connected device to download the CiniByte application. CiniByte is not responsible for any fluctuation in internet connection speed leading to corruption or delayed download of the Application. CiniByte may make bug fixes and updates for the installed Application. You will need to update your device to be compatible with such upgrades. CiniByte is not responsible if you cannot access CiniByte or view content due to your failure to upgrade your device.
To register for the CiniByte Website/Application, you must open an account by providing current, complete, and accurate information as prompted by the registration form. You will also choose a password and a user name. CiniByte reserves the right to suspend or terminate your registration without assigning any reason, including for providing inaccurate, outdated, or incomplete information. You are responsible for safeguarding your password and all transactions undertaken using your Username and password. Do not disclose your password to any third party and take sole responsibility for any activities under your account. As a parent or legal guardian, you assume sole responsibility to ensure that content meant for mature audiences is not accessed by minors. Change your password immediately if you believe it has been compromised. CiniByte is not responsible for any financial loss or inconvenience resulting from misuse of your Username and password. We reserve the right to refuse service to anyone for any reason at any time.
7. Billing and Account Information
By subscribing to CiniByte, you expressly agree that CiniByte is authorized to charge you the subscription fee according to your selected plan, any additional service fees, and applicable taxes related to your use of CiniByte's service through any accepted payment method/instrument, including but not limited to credit/debit card, net banking, or other payment methods accepted by CiniByte ("Payment Method"). The Payment Methods may vary depending on the platform (operating system).
The length of the billing cycle will depend on the type of subscription you choose when you sign up for the service. The subscription fee will be billed at the beginning of your subscription membership and on each subsequent renewal (as per the subscription plan you have chosen) unless you cancel your subscription or it is otherwise suspended or discontinued pursuant to these terms. If you wish to discontinue your subscription, you may contact us at info@cinibyte.com for assistance.
Depending on the packages and value-added services, you will be required to make payment via a Payment Method provided by CiniByte for accessing and browsing CiniByte. If you wish to avail CiniByte after the expiry of the initial term of subscribed packages, you should recharge your account with the prevailing subscription charges before the term expires.
Subscription or any related information is non-transferable. Changes in the subscription plan will take effect only after the current subscription period for which you have already been billed expires. You agree to provide current, complete, and accurate account information for all subscriptions and promptly update your account and other information, including your email address and payment information, to ensure we can complete your transactions and contact you as needed.
8. Subscription
To view certain premium content ("Premium Content"), you will need to subscribe to a subscription plan ("Plan") on the CINIBYTE website/application. Any registered user can avail of the subscription package ("Subscription User"). As a Subscription User, you will be required to subscribe to subscription packages made available by CINIBYTE from time to time, which may be subject to additional terms specified by CINIBYTE.
CINIBYTE reserves the right to modify or discontinue the website/application at its sole discretion, with or without notice to you. CINIBYTE shall not be liable to you or any third party should it exercise this right. Furthermore, CINIBYTE reserves the right to change, terminate, or otherwise amend the subscription plans, fees, billing cycle, and any part of the CiniByte services at its discretion and at any time. Such amendments will take effect upon posting on the site/app, and your continued use of the services will be deemed acceptance of such amendments.
CINIBYTE also reserves the right to change, supplement, alter, or remove packages and introduce base and add-on packages or offer content on an individual basis subject to subscription as it deems fit. CINIBYTE does not guarantee the availability of specific content or a minimum amount of content subject to subscription fees. Additionally, CINIBYTE reserves the right to refrain from providing any content in the interest of national security, in emergencies, or if the content is anti-national, promotes political/religious propaganda, is against public policy, banned, restricted, or objectionable.
9. Payment Gateway
To use the CiniByte service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account if your primary Payment Method is declined or no longer available. You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. Some Payment Methods may incur additional fees such as foreign transaction fees. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
You can update your Payment Methods on the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue charging the applicable Payment Method(s).
For online payments, you must use your own credit/debit card or net banking account. When making an online payment, you may be directed to an external payment gateway. CINIBYTE does not control these third-party websites and is not responsible for any transactions on such sites. CINIBYTE will not be liable for any credit/debit card, net banking, or cash card fraud and will not address any grievances related to such issues. You should communicate such grievances to your bank or mobile carrier/operator.
CINIBYTE is not responsible for any disputes or differences related to online payments made through credit/debit cards or net banking. Payments once made shall not be refunded under any circumstances. Keep your payment details confidential and do not share them with any third party.
10. No Refunds
Subscription fees once billed are non-refundable regardless of whether the subscription has been used or not. There are no refunds or credits for partially used periods. Following any cancellation, you will continue to have access to the service through the end of the current billing period.
11. Account Access
The member who created the CiniByte account and whose Payment Method is charged (the "Account Owner") has access and control over the CiniByte account and the devices used to access our service. The Account Owner is responsible for any activity that occurs through the CiniByte account. To maintain control over the account and prevent unauthorized access, the Account Owner should maintain control over the devices used to access the service and not reveal the account password or Payment Method details to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us related to your account.
If CINIBYTE reasonably believes that an account and password are being misused, CINIBYTE reserves the right to cancel access rights immediately without notice and block access to all users from that IP address. Notify CINIBYTE immediately of any unauthorized use of your account or any other breach of security. CINIBYTE will not be liable for any loss incurred due to someone else using your password or account, but you could be held liable for losses incurred by CINIBYTE or another party due to unauthorized use of your account or password.
12. Account Deletion
Users can delete their account at any time at their sole discretion. The account will be deleted 24 hours after the deletion request is placed, and users can withdraw the deletion request within this 24-hour period.
Steps to delete account:
1. Go to Settings → Profile → Delete Account.
2. Fill in the required details.
3. Click on "Send OTP".
4. Verify the OTP upon receipt. Once verified, the deletion request is placed.
Steps to withdraw the deletion request:
1. Go to Settings → Profile → Delete Account → Cancel Deletion Request.
2. OTP verification is required.
3. The deletion request is then cancelled.
13. Availability & Quality
The availability of content(s) to view through the website/application will change from time to time at CINIBYTE's sole discretion. The quality of the streaming video display may vary based on your computer, device, location, bandwidth, internet connection speed, and hardware quality. You are responsible for all internet access charges. Please check with your internet provider for information on potential data usage charges. The time it takes to start watching CiniByte content may vary based on factors including your location, available bandwidth, selected content, and configuration of your CiniByte ready device.
14. Restrictions & Prohibited Uses
You agree not to, directly or through any device, software, web-based service, or other means:
• Copy, download, archive, perform, display, upload, publish, transmit, or retransmit the content.
• Create any work or material derived from or based on the content.
• Rent, lease, duplicate, sub-license, assign, pledge, loan, or resell the content.
• Use CINIBYTE on any device that is not under your exclusive control and ownership.
• Permit any third party to benefit from the use or functionality of CINIBYTE.
• Transfer possession of any copy of CINIBYTE to another party, which would result in the automatic termination of your subscription.
You must not use any "deep-link", "page-scrape", "robot", "spider", or other automatic devices, program, algorithm, or methodology to access, acquire, copy, or monitor any portion of CINIBYTE or any content. Probing, scanning, or testing the vulnerability of the CINIBYTE website or any network connected to CINIBYTE is prohibited. You may not reverse look-up, trace, or seek to trace any information on any other user or visitor of CINIBYTE.
Do not take any action that imposes an unreasonable load on the infrastructure of CINIBYTE or any systems connected to it. You may not impersonate any other individual or entity. Any dealings with third-party advertisers found on or through CINIBYTE are solely between you and the third-party advertiser, and CINIBYTE is not responsible for any loss or damage resulting from such dealings.
CINIBYTE is not responsible for the availability or accuracy of external websites or resources, nor for the content, products, or services available from such websites or resources. Links to external websites do not imply endorsement by CINIBYTE.
Other users, including unauthorized users, may post offensive or obscene materials on CINIBYTE. You may be exposed to such materials involuntarily. Others may obtain personal information about you due to your use of CINIBYTE. CINIBYTE is not responsible for any misuse of personal information that you publicly disclose.
You are prohibited from using the site or its content for:
1. Any unlawful purpose.
2. Soliciting others to perform unlawful acts.
3. Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
4. Infringing upon or violating our intellectual property rights or the rights of others.
5. Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
6. Submitting false or misleading information.
7. Uploading or transmitting viruses or any other type of malicious code.
8. Collecting or tracking the personal information of others.
9. Spamming, phishing, harming, pretexting, spidering, crawling, or scraping.
10. Any obscene or immoral purpose.
11. Interfering with or circumventing the security features of the service or any related website.
CINIBYTE reserves the right to terminate your use of the service for violating any of the prohibited uses.
15. Warranties and Limitations on Liability
You expressly agree that your use of the website/application is at your sole risk. The CiniByte service, website, application, and access to optional tools are provided "as is" and "as available" without warranty, representation, or condition of any kind and without any endorsement. CiniByte and its affiliates expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement). Neither CiniByte nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the website/application or the content of any websites, personal social media, or other internet or mobile resources linked to the website/application and assume no liability or responsibility for any errors, mistakes, or inaccuracies of content.
In no case shall CiniByte, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any packages procured using the service, or for any other claim related in any way to your use of the service or any package, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In particular, we do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable. You waive all special, indirect, and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights you may be entitled to under the laws of your country of residence. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
16. Third-Party Links
You acknowledge and agree that certain content, products, and services available via our service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the subscriptions or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
17. User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries), or if you send creative ideas, suggestions, proposals, plans, or other materials without a request from us, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
- To maintain any comments in confidence.
- To pay compensation for any comments.
- To respond to any comments.
18. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
19. Privacy Policy
Your submission of personal information through the subscription is governed by our Privacy Policy.
20. Relationship
The relationship between CINIBYTE and you is on a principal-to-principal basis. You are in no way CINIBYTE’s legal representative, partner, or agent for any reason whatsoever.
21. Notices
Any notices or other communications required will be in writing and emailed to CINIBYTE at info@cinibyte.com. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
If you have any complaints with respect to any content on CINIBYTE, please write to us at info@cinibyte.com with details of the objectionable content and your details, including your name, mobile number, and any other requested information. Based on the complaint raised, we will take reasonable measures to resolve the issue. You expressly agree that CINIBYTE shall under no circumstances be liable to you for any damages whatsoever. Further, you expressly agree that CINIBYTE makes no representations under these Terms of Use that any complaint raised by you will be resolved to your satisfaction. All steps taken by CINIBYTE in this regard shall be at the sole discretion of CINIBYTE.
22. Termination
Your membership will continue until terminated. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site/app. As a subscription user, your right to use CINIBYTE will automatically terminate upon the expiry of the subscription package term unless you renew it. Your right to use CINIBYTE will automatically terminate if you violate these Terms of Use or any related terms, rules, or guidelines. CINIBYTE reserves the right, at its sole discretion, to suspend or terminate your access to all or any part of CINIBYTE, for any reason, with or without notice. Upon suspension or termination, no amount shall be refunded to you by CINIBYTE.
23. Copyright Infringement Notification
CINIBYTE respects the intellectual property rights of others. Upon proper notice, CINIBYTE will remove user submissions (and any other website/application content) that violate copyright law. In accordance with the Information Technology Act, 2000, and its amendments, as well as the Copyright Act, 1957 and its amendments, CINIBYTE will act upon receiving written notification of claimed copyright infringement on the website/application.
If you believe a work has been copied in a way that constitutes copyright infringement, please send an "Infringement Notification" containing the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the claimed infringing material and information reasonably sufficient to permit CINIBYTE to locate the material on the website/application.
- Information reasonably sufficient to permit CINIBYTE to contact you, such as an address, telephone number, and, if available, an email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Your physical signature.
Infringement Notification is to be sent to: CINIBYTE No.34, First Floor, Nagarathinammal Street, Prakasam Salai, Janaki Nagar, Valasarvakkam, Chennai - 600087
24. Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, availability, etc. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel subscriptions if any information in the service or on any related website is inaccurate at any time without prior notice, including after you have subscribed to the packages. We undertake no obligation to update, amend, or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law.
25. Indemnification
You agree to indemnify, defend, and hold harmless CiniByte, its parent, subsidiaries, affiliates, partners, officers, directors, consultants, agents, licensors, contractors, subcontractors, service providers, suppliers, interns, and employees ("indemnified parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such indemnified parties may incur as a result of or arising from:
- Any information (including, without limitation, your user-generated content, feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through CiniByte.
- Your (or anyone using your account's) use of CiniByte.
- Your (or anyone using your account's) violation of these terms.
- Your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity.
26. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions.
27. Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of India and the jurisdiction of Chennai, Tamil Nadu.
28. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitute the entire agreement and understanding between you and CINIBYTE and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and CINIBYTE (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
29. Customer Support
For more information about our service and its features or if you need assistance with your account, please write to us at help@cinibyte.com.
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