These terms govern your OPP account, which is operated by OPP, Inc. and/or its subsidiaries and affiliates, and enables you to activate and use your OPP product(s). Your OPP account gives you access to certain device features and functionality, as well as access to streaming content from various content providers. By creating a OPP account, you are accepting these terms. If you do not agree with these terms, you may not create a OPP account.

Certain features, functionality, and content made available to you through your OPP product(s) may be subject to additional terms, which will be provided to you at the time those services are offered. We reserve the right (at any time) to modify, suspend, or remove certain features, functionality, or content from your OPP account or your OPP product(s).

Creating a OPP Account

You will need to create a OPP account to activate your OPP products, to set up the features and functionality of your OPP device(s), to access content, such as The OPP Channel, to purchase streaming content, and to manage your subscriptions. These terms apply to all OPP products linked to your OPP account, and to anyone in your household that uses your account and/or any linked OPP products.

By creating an account, you represent that (1) all required registration or other information you provide is truthful and accurate, (2) you are at least 18 years of age(or of legal age/age of majority in your country to agree to these terms), and (3) your use of our products and services will not violate any applicable law or regulation or these terms. You are responsible for maintaining the confidentiality of your password and for the use of your OPP account. You should notify us immediately if you suspect any unauthorised use of your OPP account or access to your password. OPP will not be responsible for any use of your OPP Account by someone using your password.

Our Privacy Policy provides information on how we collect, use and disclose information from our users and the use of our products.

Streaming Content

OPP provides access to content that is intended for your personal, non-commercial use only. Your OPP products may only be used in the country where the device was sold (or as specified on OPP’s website).

Access to The OPP Channel (where available) is subject to The OPP Channel Terms of Service. The streaming content and services offered by our content providers are subject to their own terms and policies, including privacy and data gathering practices. These terms and policies will apply (and you are obligated to abide by them) when you access their content using your OPP products. These content providers are responsible for providing you the content and services they offer (even if you have purchased these through your OPP account).

We (or our content providers) may update, add, or remove channels, content, and/or content providers from time to time (possibly without notice to you). We reserve the right to restrict (or remove) access from your OPP device to any content and/or channel if we have reason to believe that a device linked to your OPP account is not yours, it has been hacked, stolen, or compromised, or that the content and/or channel is not properly authorised or licenced in your country, violates applicable law, or has been improperly offered by a content provider. We may also suspend (or terminate) your OPP account if we believe it is necessary to protect OPP, our content providers, or partners from what we believe to be unauthorised activity.

You are responsible for enabling the content access controls on your OPP products so that any age-restricted content is not viewed by persons not meeting the applicable age limits, as specified by law, regulation, or the content provider. Go to support for more information on how to enable these settings and controls on your OPP device.

Access to streaming content on your OPP products requires an internet connection. Data charges may apply to access and/or stream content to your OPP device, depending on your data plan, which is your responsibility to pay. The display quality of streaming content can vary by device and is affected by many factors, including your internet speeds, Wi-Fi strength, and location.

Restrictions

Copying or redistribution of certain content is strictly prohibited, and digital rights management or other technologies may be used to prevent or restrict any copying or re-distributing of any content, which you agree not to try to circumvent or avoid. Certain content is only available in those countries where the device has been authorised to be sold. If you attempt to access content outside of these countries, the rights granted under these terms will not apply. Some content providers may use technologies to determine or verify your location, and you may not be able to use your OPP product to access content outside of its designated country. You are responsible for complying with any import and/or export laws that apply to your use of your OPP products.

Advertising and Promotional Messages

OPP (and/or its partners and content providers) may display advertising and promotional messages through your OPP products and content services. We do not make (or imply) any endorsement or recommendation about the advertisers’ products or services. Any interaction you have with these advertisers is entirely at your own risk and between you and the advertiser. OPP is not responsible or liable for your interaction with those advertisers or their products and services.

Purchases

To make purchases using your OPP account, you will need to provide us with a valid method of payment, which we will keep on file. You will need to supply us with certain payment information to complete the order. The required payment information and payments methods available vary based on your country. Go to our Privacy Policy for more information on the payment information we collect and how it is used. Purchases will be charged to your payment method on file, which you can update (or change) at any time through your OPP account. For some purchases (such as a subscription with a free trial period), a temporary authorisation hold may appear on your payment method for a period of time.

We will use your payment information to complete the purchase of your order. In some cases, the content provider or our payment service provider may process those payments for us, and in those cases, we may provide your payment information to them so they can complete the transaction for you. Some content providers may require that you to maintain a valid and active account in good standing with them (which is separate from your OPP account).

At your option, you can require a PIN code (a personal identification number you create) to access certain content (such as fee-based entertainment or content not suitable for certain children). You can enable or disable your PIN code at any time through your OPP account.

All purchases are paid in advance (pre-paid). You are responsible for all charges that are made by you or through your OPP account. We reserve the right to re-submit a purchase transaction if your payment method is declined or suspend your access to the content for which payment has not been received. You are responsible for any over-limit, non-sufficient funds, or other overdraft fees that your payment method may charge you as a result.

In some cases, your subscription may start with a free trial or include a promotional offer. The terms of the subscription offer and/or free trial may vary by content provider (and will be specified in the offer). If your subscription includes a free trial, you must cancel the subscription before the trial period ends to avoid being charged. To sign up for a free trial you must provide a valid payment method (a temporary authorisation hold may appear on your payment method during this time). You may (or may not) be notified that your free trial is about to end; however, it is ultimately your responsibility to cancel a free trial before it ends (to avoid any charges). Certain promotional offers are available for new subscribers only. Promotional offers (including free trials) are subject to change and may be canceled at any time without notice. Certain restrictions may apply to promotional offers (such as content may be accessible only within The OPP Channel, only on OPP devices, or only in certain geographic locations), which will be provided in the offer terms.

Recurring subscriptions will automatically renew until you cancel. You must cancel your subscription before it renews to avoid the billing of the next subscription term’s fees to your account. No refunds are given for partial term cancellations. If you cancel a subscription before the subscription period ends, your subscription (and your access to its content) will continue until the subscription period ends (it will not automatically renew in this case). Go to support for information on how to manage or cancel a subscription.

For subscriptions that OPP manages directly, we may set your subscriptions so that they all have the same billing cycle and the first billing period for additional subscriptions may be prorated to the same billing date as your current subscription(s).

Purchases of on-demand and pay-per-view content are non-cancellable and non-refundable and may be subject to additional terms and conditions.

Your purchase may be subject to sales or use tax. The amount and type of tax applicable to your purchase will depend on what was purchased and the applicable tax rules (where the product or service is sold). If your purchase is subject to a separate tax, it will be stated in the terms and conditions of the offer. You are responsible for paying the taxes that are applicable to your transactions (unless it is included in the purchase price). Pricing does not include any data charges or internet access that may be required to access the content and/or use the products.

Software Updates

From time to time, the software installed on your device will require an update or a content provider may update their software application that you use to access their content (their channel app) on your OPP device. Updates include things like bug fixes, improvements to the user interface or how you access content, for security purposes, and other changes that may add, change, or remove certain features and functionality. These updates happen automatically via the internet (data charges may apply) and are often completed in the background, which should not interfere with your use, however, some OPP software updates may require you to restart your device. Updates are necessary to maintain the operation and functionality of your OPP product and/or compatibility with content providers and their services and cannot be disabled by you.

Voice Services

If your product supports voice commands (depending on your country of residence), you can use your voice to control your OPP device (to search for content, switch inputs, launch channels, and much more) via (1) the OPP mobile app or (2) a compatible voice-enabled OPP remote. When using the voice features, you are authorising us (and our service providers who help provide these services) to record, process, and store your verbal inputs (a recording and/or readout of what was said) along with information about your OPP device in order to provide these services to you. Go to support learn more.

OPP’s Proprietary Rights

OPP software is proprietary to OPP (and/or its licensors) and protected by copyright, trademark, and other laws of the United States and other countries. Any rights not expressly granted to you in these terms are reserved by OPP (or its applicable licensors). You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying your OPP product or from any content provided via the OPP product.

Disclaimers

Note: this section does not apply to residents of Quebec or any other jurisdiction that does not allow the exclusion of certain warranties.

Except for the limited hardware warranty accompanying your product, OPP products and services are provided “AS IS” and on an “AS AVAILABLE” basis and to the maximum extent permitted by applicable law, WE DISCLAIM ANY IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS REGARDING THE ROKU PRODUCTS AND SERVICES. We make no warranty that the services provided by the product will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any information or content provided through the OPP products and services.

Limitation of Liability

Note: this section does not apply to residents of Quebec or any other jurisdiction that does not allow a limitation of liability for certain damages.

WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE PURCHASE PRICE (THAT YOU PAID) FOR THE ROKU DEVICES LINKED TO YOUR ROKU ACCOUNT OR $50 CAD (WHICHEVER IS MORE). IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Governing Law, Jurisdiction and Venue

These terms are governed by the laws of the Province of British Columbia, Canada and any legal proceeding against OPP must be brought in the courts of Vancouver, British Columbia, unless you are a resident of another province within Canada, in which case, you may rely on and benefit from any applicable consumer laws that apply in your province, and that legal proceedings must be brought in the courts of that province.

General

These terms are between you and OPP and no other person has any right to enforce these terms on your behalf. Your rights are not transferable. Each paragraph is intended to operate separately. If any court or relevant authority determines that any terms are invalid or unenforceable, those terms will be enforced to the maximum extent permissible and the remaining terms will remain in full force and effect. If we delay or chose not to enforce these terms, that will not mean that we have waived our rights or that you do not have to comply with these terms. These terms may be amended by us from time to time. If we make material changes to these terms, we will post the revised terms on our website and may also notify you through your OPP product or your OPP account. Your use after the changes go into effect will constitute your acceptance of those changes. If you do not agree to the new terms, you may not be able to continue using your product with your OPP account.

Contacting Us

If you have any questions about these terms, you can contact us.

Effective: 15 November 2020