ACT Stream TV 4K

Terms and Conditions of Use

Effective Date: As applicable from the date of activation / subscription

PLEASE READ CAREFULLY BEFORE ACTIVATING OR USING YOUR DEVICE

By activating, setting up, or using the ACT Stream TV 4K device and/or subscribing to any associated service plan, you (the "Customer") agree to be legally bound by these Terms and Conditions. If you do not agree to these Terms, you must immediately return the device to ACT Fibernet and discontinue use.

1. Definitions

In these Terms and Conditions, the following expressions shall have the meanings assigned to them below, unless the context otherwise requires:

• "ACT" or "ACT Fibernet" means Atria Convergence Technologies Ltd., a company incorporated under the Companies Act and holding a valid Internet Service Provider (ISP) licence issued by the Department of Telecommunications (DOT), Government of India.
• "Device" means the ACT Stream TV 4K Android-based streaming device, including its remote control, power adapter, HDMI cable, and any associated accessories supplied by ACT.
• "Customer" means the individual or entity that has purchased or subscribed to the Device and/or the Service.
• "Model 1 / Direct Sale" means the commercial arrangement under which the Customer purchases the Device outright from ACT for a one-time consideration of ₹4,499 (inclusive of GST).
• "Model 2 / Subscription" means the commercial arrangement under which the Customer acquires and uses the Device subject to payment of a recurring monthly service fee of ₹99 plus applicable GST.
• "Broadband Service" means the fixed-line broadband / fibre internet service subscribed to by the Customer from ACT Fibernet.
• "OTT Content" means over-the-top streaming content made available through third-party applications pre-installed or downloadable on the Device, including but not limited to video, audio, and live television content.
• "Activation Date" means the date on which the Device is first activated by or on behalf of the Customer.
• "Service" means the streaming, smart-TV functionality, software, platform, and related services provided by ACT through or in connection with the Device.
• "Agreement" means these Terms and Conditions together with the applicable customer order form, commercial schedule, and any addenda or policies published by ACT on its official website from time to time.
• "Personal Data" has the meaning ascribed to the term under the Digital Personal Data Protection Act, 2023 (DPDP Act) and the rules thereunder.

2. Eligibility and Prerequisite Conditions

2.1 Eligibility

• The ACT Stream TV 4K is available exclusively to individuals who are existing, active Broadband Service subscribers of ACT Fibernet.
• The Customer must be a natural person of 18 years of age or above, or a validly constituted legal entity, with the legal capacity to enter into a binding contract under applicable Indian law.
• The Device cannot be purchased or subscribed to independently of an active ACT Broadband connection. Termination of the Broadband Service will have consequences on the Device as detailed in these Terms.

2.2 Account in Good Standing

• Availability of the Device or Service under either Model is subject to the Customer's ACT Broadband account being in good standing, with no outstanding dues, pending disputes, or service suspensions.
• ACT reserves the right to deny purchase or subscription to any Customer whose account does not meet these criteria.

3. Commercial Models, Pricing and Payment Terms

3.1 Summary of Commercial Models

Parameter	Model 1: Direct Sale	Model 2: Subscription
One-Time Charge	₹4,499 (Inclusive of GST)	-
Monthly Service Fee	Not Applicable	₹99 + GST per month
Usage Restriction	ACT network needed for setup	Works only on ACT network
Repairs	1 Year Manufacturer Warranty	Managed by ACT for 3 Years*
Device Recovery	Only in Year 1 with partial refund	On churn, similar to router policy

NOTE: * Asterisked conditions are detailed in the respective clauses below. GST is levied at the applicable rate in force at the time of supply, as notified by the Government of India.

3.2 Model 1 – Direct Sale

1. Upon payment of ₹4,499 (inclusive of GST), the Device is sold outright to the Customer, and title to the Device passes to the Customer upon delivery and realisation of full payment.
2. No monthly service fee is payable under Model 1. The Customer shall, however, continue to pay the applicable charges for their ACT Broadband plan separately.
3. ACT may offer updates, bug-fixes, and platform enhancements at its discretion; however, continued access to certain OTT applications or ACT platform features may be subject to the respective third-party providers' subscription and access policies.

3.3 Model 2 – Service + Subscription

4. A recurring monthly service fee of ₹99 plus applicable GST shall be charged to the Customer's ACT account on a monthly basis, commencing from the Activation Date, and shall be billed as part of or alongside the Customer's regular ACT Broadband bill.
5. Under Model 2, the Device remains the property of ACT at all times. The Customer is granted a revocable, non-exclusive, non-transferable licence to use the Device during the currency of the subscription.
6. The monthly service fee is non-negotiable and shall be payable irrespective of whether the Customer actively uses the Device in any given month, provided the subscription is live.
7. Failure to pay the monthly fee for two consecutive billing cycles shall entitle ACT to suspend the Device and/or the Broadband Service, and to recover the Device as per Clause 9.
8. ACT reserves the right to revise the monthly service fee upon providing 30 days' advance notice to the Customer. Continued use of the Device after the notice period shall constitute acceptance of the revised fee.

3.4 Taxes

• All prices are subject to applicable Goods and Services Tax (GST), which shall be borne by the Customer.
• Any future imposition of or change in statutory levies, taxes, or charges by any governmental authority shall be passed on to the Customer as a revision to the applicable charges.

4. Device Delivery, Activation and Setup

• Delivery of the Device shall be made to the Customer's registered service address, as recorded in ACT's systems. ACT shall not be liable for delays or non-delivery arising from incorrect address information provided by the Customer.
• The Customer is responsible for inspecting the Device upon delivery and reporting any visible physical damage or missing accessories within 48 hours of receipt. Claims made after this period may not be entertained.
• Activation of the Device requires: (a) a functioning ACT Broadband connection; (b) a television with an HDMI port; and (c) a stable Wi-Fi or Ethernet connection within the Customer's premises.
• ACT shall provide the Customer with setup instructions via its application, website, or customer care. The Customer is responsible for completing the activation process.
• ACT shall have no liability for the Customer's failure to activate the Device due to incompatible hardware, network issues at the Customer's premises, or Customer error.

5. Permitted Use of the Device

• The Device is intended for private, non-commercial, personal entertainment use at the Customer's registered premises only.
• The Customer shall not: (a) use the Device for any commercial, public display, or broadcast purpose; (b) resell, sublease, assign, or transfer the Device or any rights thereunder to a third party without ACT's prior written consent; (c) root, jailbreak, modify, reverse-engineer, decompile, or tamper with the Device's hardware or software; (d) install applications or software from unofficial or unknown sources that may compromise the security or integrity of the Device or ACT's network; (e) use the Device in a manner that violates any applicable law, regulation, or third-party intellectual property rights.
• The Customer acknowledges that the Device runs on an Android-based operating system. While ACT provides certain pre-installed applications, the overall Android platform and its policies are governed by Google LLC, and ACT does not exercise control over the Android operating system's general behaviour.
• Use of the Device is strictly personal to the Customer's household. Any use outside the registered premises without ACT's prior written consent is prohibited.

6. OTT Content, Third-Party Applications and Content Disclaimer

6.1 Nature of OTT Services

• The Device provides access to certain OTT platforms and content streaming applications. Access to each OTT application may require a separate, independent subscription with the respective OTT provider. ACT does not bundle OTT subscriptions with the Device unless expressly stated in a specific promotional offer.
• ACT acts solely as a conduit for accessing OTT services through the Device and is not a party to the Customer's relationship with any OTT provider.

6.2 Content Disclaimer

• ACT makes no representation or warranty regarding the quality, availability, accuracy, legality, or suitability of any OTT content accessed through the Device. All content liability rests exclusively with the respective content provider.
• ACT shall not be liable for: (a) removal or unavailability of any OTT application from the Device; (b) changes in content catalogues or pricing by OTT providers; (c) service interruptions of any OTT platform; (d) any content that may be found offensive, inappropriate, or unsuitable by the Customer.
• The Customer is solely responsible for ensuring that content viewed by minors or other household members is appropriate. ACT recommends use of parental controls available on the Device or within individual OTT applications.

6.3 Live TV and Channel Access

• Where the Device provides access to live TV channels through any integrated application, such access is governed by the applicable broadcasting regulations and the specific service provider's terms. ACT does not operate as a cable television operator or direct-to-home (DTH) provider for the purpose of these channels.

7. Warranty, Repairs and Technical Support

7.1 Model 1 – Warranty

• The Device sold under Model 1 carries a one-year limited manufacturer's warranty from the Activation Date, covering manufacturing defects under normal usage conditions.
• The warranty does not cover: (a) physical damage caused by the Customer; (b) damage due to misuse, negligence, power surges, or use contrary to these Terms; (c) damage caused by unauthorised modifications or repairs; (d) cosmetic damage such as scratches or dents; (e) accessories including remote controls and cables.
• After expiry of the one-year warranty period, the Customer shall bear the full cost of any repair or replacement. ACT may provide repair services at standard rates, at its discretion.
• To avail warranty service, the Customer must contact ACT's customer care and present valid proof of purchase. The Device must be returned in its original condition (as far as reasonably practicable) for inspection.

7.2 Model 2 – Managed Repairs

• Under Model 2, ACT shall be responsible for managing repairs and maintenance of the Device for a period of 3 years from the Activation Date, subject to fair-use conditions.
• ACT's repair obligation under Model 2 covers defects arising from normal usage and manufacturing issues. Physical damage, misuse by the Customer, and accessories are excluded from managed repair coverage.
• ACT shall, at its sole discretion, either repair or replace a defective Device under Model 2. A replacement Device may be a refurbished unit of equivalent specification.
• The managed repair service does not constitute an unconditional guarantee of repair within any fixed timeframe. ACT shall endeavour to resolve repair requests within a reasonable period, subject to spare parts availability and service capacity.
• After 3 years from the Activation Date, repair management will cease unless ACT announces an extension or the Customer migrates to a revised plan.

7.3 General Support

• ACT provides customer support for Device-related queries through its official customer care channels (helpline, email, or in-app support). ACT does not guarantee resolution timelines for all technical issues.
• ACT shall not provide support for issues arising from third-party applications, Customer-installed software, or hardware not supplied by ACT.

8. Software, Updates and Remote Access

• The Device's software, firmware, and ACT platform are proprietary and/or licensed to ACT. The Customer is granted a limited, non-exclusive, non-transferable licence to use the software solely for the purpose of operating the Device in accordance with these Terms.
• ACT may, at its sole discretion, push automatic software updates, firmware upgrades, or configuration changes to the Device, whether or not the Customer is actively using it. The Customer consents to such updates as a condition of continued use of the Device.
• ACT shall endeavour to ensure that updates do not materially degrade the performance of the Device; however, ACT provides no guarantee that all updates will be compatible with all third-party applications or content on the Device.
• ACT reserves the right to remotely access the Device for diagnostic, support, maintenance, or security purposes. Such access will be carried out in accordance with ACT's Privacy Policy and applicable law.
• ACT may, upon notice, discontinue support for the Device's current software version, after which the Customer may be required to accept updated terms to continue using the Device.

9. Device Recovery Policy

9.1 Model 1 – Recovery

• Since ownership of the Device passes to the Customer under Model 1, ACT has no general right of recovery after the sale is complete.
• If the Customer wishes to return the Device within Year 1 of purchase (e.g., on account of dissatisfaction or service discontinuation), ACT shall consider the request and may offer a partial refund at its discretion, subject to the Device being returned in good working condition. The quantum of the refund, if any, will be determined by ACT's then-applicable return policy.
• No refund or return is available after the first year from the Activation Date under Model 1, unless required by applicable consumer protection law.

9.2 Model 2 – Recovery on Churn / Disconnection

• Since the Device under Model 2 remains the property of ACT at all times, ACT shall have the right to recover the Device upon: (a) termination of the Customer's Broadband Service (whether by the Customer or by ACT); (b) cancellation of the subscription by the Customer; (c) suspension for non-payment; or (d) breach of these Terms.
• The recovery process shall be similar to ACT's standard router / CPE recovery procedure. The Customer agrees to make the Device available for collection by an authorised ACT representative within 7 days of receipt of a recovery notice.
• Failure to return the Device within the stipulated period shall entitle ACT to: (a) charge the Customer the full market replacement value of the Device; (b) initiate legal proceedings for recovery of the Device and/or compensation; and (c) report the Device as lost or stolen to relevant authorities if required.
• The Device must be returned in a reasonable condition, accounting for normal wear and tear. The Customer shall be liable for the cost of repair or replacement arising from damage caused during their period of use.

10. Suspension and Termination

• ACT may suspend or terminate the Customer's access to the Device and/or Service, with or without prior notice, in any of the following circumstances: (a) non-payment of applicable charges; (b) breach of any provision of these Terms; (c) use of the Device for unlawful or prohibited purposes; (d) request by a court, regulatory authority, or law enforcement agency; (e) compromise of network security or the rights of other ACT customers.
• Termination of the Broadband Service shall automatically result in the suspension or deactivation of the Device under both commercial models, as the Device requires an active ACT Broadband connection for full functionality.
• Upon termination, the Customer shall have no claim for refund of any amounts paid under Model 1 (except as provided in Clause 9.1). Under Model 2, monthly charges up to the date of termination shall be payable and no pro-rata refund of the monthly fee for a partial month shall ordinarily be provided.
• ACT reserves the right to permanently deactivate the Device remotely upon termination of the Customer's account under Model 2.

11. Intellectual Property

• All intellectual property rights in and to the Device's firmware, ACT's platform, interface, logo, brand name, content, and software are owned by or licensed to ACT or its licensors. Nothing in these Terms constitutes a transfer of such rights to the Customer.
• The Customer shall not copy, reproduce, distribute, publicly display, or create derivative works of any ACT-owned or ACT-licensed content without ACT's prior written consent.
• Third-party application logos, brands, and content accessible on the Device are the intellectual property of the respective owners and are subject to their own terms and licences.

12. Personal Data and Privacy

12.1 Data Collection

• ACT collects and processes certain Personal Data in connection with the provision of the Device and Service, including but not limited to: Customer identification data (name, address, contact details); Device usage data and viewing preferences; App interaction data; Network diagnostic and performance data.

12.2 Purpose and Legal Basis

• Personal Data is processed for the following purposes: (a) activation, provisioning, and management of the Device and Service; (b) billing and account management; (c) customer support and troubleshooting; (d) service improvement, analytics, and product development; (e) compliance with legal and regulatory obligations; (f) direct marketing and personalised recommendations, subject to the Customer's consent where required.
• ACT processes Personal Data in accordance with the Digital Personal Data Protection Act, 2023 (DPDP Act) and the rules framed thereunder. ACT is the Data Fiduciary for data collected through the Device and Service.

12.3 Data Sharing

• ACT may share Personal Data with: (a) OTT providers and third-party application developers, to the extent necessary to provide their services through the Device; (b) ACT's authorised service partners and vendors engaged in service delivery; (c) regulatory and law enforcement authorities, as required by law. ACT does not sell Personal Data to third parties for their independent marketing purposes.

12.4 Data Subject Rights

• The Customer has the right to: (a) access Personal Data held by ACT; (b) correct inaccurate or incomplete data; (c) withdraw consent where processing is based on consent; (d) raise grievances with ACT's Data Protection Officer. These rights may be exercised by contacting ACT through the designated privacy channels on its website.

12.5 Data Retention

• ACT retains Personal Data for as long as the Customer's account is active and for such further period as may be required under applicable law or regulation. Upon request for deletion and subject to legal retention obligations, ACT will erase the Customer's Personal Data in accordance with the DPDP Act.

13. Limitation of Liability

• To the maximum extent permitted by applicable law, ACT's liability to the Customer under or in connection with these Terms shall in no event exceed: (a) under Model 1: the amount paid by the Customer for the Device (i.e., ₹4,499); (b) under Model 2: the aggregate monthly service fees paid by the Customer in the six (6) months preceding the event giving rise to the claim.
• ACT shall not be liable for any indirect, consequential, special, incidental, or punitive damages, including loss of profits, loss of data, loss of goodwill, or loss of enjoyment, arising out of or in connection with the Device or Service, even if ACT has been advised of the possibility of such damages.
• ACT shall not be liable for service interruptions or Device unavailability arising from: (a) failure of the Customer's internet connection; (b) third-party OTT platform outages; (c) force majeure events (including power cuts, natural disasters, pandemics, government orders, civil unrest, or cyber-attacks beyond ACT's reasonable control); (d) maintenance activities of which ACT has given advance notice; (e) the Customer's own acts or omissions.
• Nothing in these Terms limits ACT's liability for death or personal injury caused by ACT's gross negligence, fraud, or wilful misconduct.

14. Indemnification

• The Customer shall indemnify, defend, and hold harmless ACT, its officers, directors, employees, agents, and licensors from and against any claim, demand, loss, damage, liability, fine, penalty, or expense (including reasonable legal fees) arising out of or in connection with: (a) the Customer's breach of any provision of these Terms; (b) unauthorised or unlawful use of the Device or Service; (c) the Customer's violation of any applicable law or third-party right; (d) any content uploaded, shared, or transmitted by the Customer through the Device.

15. Regulatory Compliance

• The Device is provisioned as a value-added service by ACT Fibernet, which holds an ISP licence issued by the Department of Telecommunications (DOT) under the Telecommunications Act, 2023 (and erstwhile Indian Telegraph Act 1885 & the Information Technology Act regime). ACT operates the Service in compliance with applicable telecom regulations, directions issued by the Telecom Regulatory Authority of India (TRAI), and other applicable laws.
• The Customer acknowledges that access to certain content or services through the Device may be restricted in compliance with applicable law, court orders, or regulatory directions, and ACT shall not be liable for any such restriction.
• Content streaming services and OTT platforms accessible on the Device may be subject to information technology laws, content regulation, and censorship guidelines as notified by the Government of India from time to time.

16. Amendments

• ACT reserves the right to amend, modify, supplement, or replace these Terms and Conditions at any time. Amendments will be communicated to the Customer through one or more of the following: (a) publication on ACT's official website (www.actcorp.in); (b) in-app notification on the Device; (c) email or SMS to the Customer's registered contact details.
• Amendments shall take effect 30 days from the date of notification, unless a shorter period is required by applicable law or regulatory direction.
• The Customer's continued use of the Device and/or Service after the effective date of any amendment shall constitute acceptance of the revised Terms. If the Customer does not accept the amended Terms, they must cease using the Device and, under Model 2, initiate a return as per Clause 9.2.

17. Transfer and Assignment

• The Customer may not transfer, assign, sub-licence, or otherwise deal with any of the Customer's rights or obligations under these Terms without ACT's prior written consent.
• ACT may assign or transfer its rights and obligations under these Terms to any group company, successor entity, or any person acquiring ACT's ISP business or relevant service portfolio, without requiring the Customer's consent, provided that ACT gives reasonable prior notice to the Customer.

18. Governing Law and Dispute Resolution

• These Terms and Conditions shall be governed by and construed in accordance with the laws of India.
• In the event of any dispute, controversy, or claim arising out of or in connection with these Terms, the Device, or the Service, the parties shall first endeavour to resolve the matter amicably through ACT's customer grievance redressal mechanism.
• If the dispute is not resolved within 30 days of formal escalation to ACT's Grievance Officer, either party may seek resolution through the competent courts having jurisdiction at Bengaluru, Karnataka, India, which shall have exclusive jurisdiction to adjudicate such disputes.
• Nothing in this Clause prevents either party from seeking urgent interim or injunctive relief from a competent court.
• Customers who are consumers within the meaning of the Consumer Protection Act, 2019 shall retain their right to approach the appropriate Consumer Disputes Redressal Commission.

19. Grievance Redressal

• ACT has appointed a Grievance Officer for addressing customer complaints related to the Device and Service. Customers may reach the Grievance Officer through the contact details published on ACT's official website.
• Complaints shall be acknowledged within 48 hours and resolved within the timelines prescribed under applicable consumer protection and telecom regulations.

20. Miscellaneous

20.1 Entire Agreement

These Terms constitute the entire agreement between ACT and the Customer in respect of the Device and Service, and supersede all prior representations, negotiations, or agreements relating to the same subject matter.

20.2 Severability

If any provision of these Terms is found to be void, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

20.3 Waiver

ACT's failure to exercise or enforce any right under these Terms shall not constitute a waiver of that right. A waiver of any breach shall not be construed as a waiver of any subsequent breach.

20.4 Force Majeure

ACT shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, civil disturbance, government orders, regulatory action, power failures, or cyberattacks.

20.5 Language

These Terms are published in English. In the event of any conflict between the English version and any translated version, the English version shall prevail.

20.6 Factory Reset Obligation Prior to Device Return or Service

• It shall be the sole and absolute responsibility of the Customer to perform a complete factory reset of the Device before handing it over to ACT or any of ACT's authorised representatives, in any of the following circumstances: (a) submission of the Device for repair, maintenance, or any other service-related purpose; (b) return of the Device upon termination, cancellation, or disconnection of the Broadband Service or the subscription; (c) return of the Device pursuant to any upgrade, swap, or replacement programme offered by ACT; or (d) any other occasion on which physical possession of the Device is transferred from the Customer to ACT or its authorised agents.
• A factory reset will erase all personal data, account credentials, OTT application login details, downloaded content, browsing history, and user preferences stored on the Device. The Customer is strongly advised to log out of all third-party applications and de-register the Device from any linked accounts (including Google Account and streaming platform accounts) before initiating the factory reset.
• ACT shall not be liable, in any manner whatsoever, for any loss, unauthorised access, misuse, or disclosure of the Customer's Personal Data or account information arising from the Customer's failure to perform a factory reset prior to handing over the Device. ACT's receipt of the Device shall not constitute any assumption of liability for residual data thereon.
• ACT may, as a standard operating procedure and without any obligation, carry out a secondary factory reset on returned Devices prior to refurbishment, reassignment, or disposal. This shall not be construed as ACT assuming responsibility for deletion of the Customer's data, nor shall it create any waiver of the Customer's obligations under this Clause.

20.6 Notices

All formal notices under these Terms shall be in writing and shall be addressed to ACT at its registered office address or to the Customer at their registered address or email on ACT's records. Notices sent by email shall be deemed received on the next business day.

Atria Convergence Technologies Ltd.

Regional Office: SKAV SILVER CLOUD, 8th Floor, N0. 51 Rahman Khan Road, Yeshwanthpur Industrial Suburb, Mahalakshmi Lay out, Bangalore, Karnataka - 560086, India

www.actcorp.in | For support: 9121212121