SwishFlix provides a personalized subscription service that allows our members to access movies and TV shows (“SwishFlix content”) streamed over the Internet to certain Internet-connected TVs, computers and other devices (“SwishFlix ready devices”).
1. Your SwishFlix membership will continue until terminated. To use the SwishFlix service you must have Internet access and a SwishFlix ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).
1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your SwishFlix membership by visiting our website and clicking on the “Account” link available at the top of the pages of the SwishFlix website under your profile name.
- Billing and Cancellation
1. Billing Cycle.The membership fee for the SwishFlix service will be charged to your Payment Method on the specific billing date indicated on your “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Billing details” link on the “Account” page to see your next payment date.
2.2. Payment Methods. To use the SwishFlix service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. 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. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
2.3. Updating your Payment Methods. You can update your Payment Methods by going to 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 to charge the applicable Payment Method(s).
2.4. Cancellation. You can cancel your SwishFlix membership at any time, and you will continue to have access to the SwishFlix service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial – month membership periods or unwatched SwishFlix content. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you signed up for SwishFlix using your account with a third party as a Payment Method and wish to cancel your SwishFlix membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the SwishFlix service through that third party. You may also find billing information about your SwishFlix membership by visiting your account with the applicable third party.
2.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
- SwishFlix Service
1. You must be 16 years of age, or the age of majority in your province, territory or country, to become a member of the SwishFlix service. Minors may only use the service under the supervision of an adult.
3.2. The SwishFlix 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 SwishFlix membership we grant you a limited, non-exclusive, non-transferable right to access the SwishFlix service and view SwishFlix 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.
3.3. You may view the SwishFlix content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the “Account” page.
3.4. The SwishFlix service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of SwishFlix content. You can turn off tests participation at any time by visiting the “Account” page and changing the “Test participation” settings.
3.5. Some SwishFlix content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
3.7. The quality of the display of the SwishFlix content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD and HDR, and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching SwishFlix content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your SwishFlix ready device.
3.8. SwishFlix software is developed by, or for, SwishFlix and is designed to enable viewing of SwishFlix content through SwishFlix ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the SwishFlix and related third-party software.
- Passwords and Account Access.The member who created the SwishFlix account and whose Payment Method is charged (the “Account Owner”) has access and control over the SwishFlix account and the SwishFlix ready devices that are used to access our service and is responsible for any activity that occurs through the SwishFlix account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the SwishFlix ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, SwishFlix or our partners from identity theft or other fraudulent activity.
5.2. Unsolicited Materials. SwishFlix does not accept unsolicited materials or ideas for SwishFlix content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SwishFlix.
5.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the SwishFlix Help Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means.
5.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
Last Updated: July 10, 2019