1. General Information
1.1 Welcome to Rally.tv
Rally.tv is a subscription service provided by WRC Promoter GmbH with registered offices at Hermann-Weinhauser-Straße 73, 81673 Munich, Germany (hereinafter referred to as "Provider", "we" or "our") or - in case the legal notice indicates another legal entity - that legal entity shall be the provider and your contractual partner for the use of Rally.tv (such entity be hereinafter also referred to as "Provider", "we" or "our"). By subscribing to Rally.tv, you agree to the application of the following Terms and Conditions (hereinafter "T&C"), which set out the rules which apply to you ("user", "you" or "your"). As used herein, "Rally.tv service", "our service", "the service" or "Rally.tv" means the service provided by Provider for discovering and watching our product, including all features and functionalities, applications, website, and user interfaces, as well as all content and software associated with our service.
1.2 Contact
Please contact us via email under info@Rally.tv if you have a question, complaint or comment about the Rally.tv services, its application or content.
1.3 Changes to the T&C
Provider may revise the T&C from time to time if the amendment is reasonable for you, taking into account the interests of you and Provider. This does not apply to essential provisions of the T&C, in particular regarding the type and scope of your and our agreed services (e.g., payment and prices, see 3.2).
The user shall be notified of any changes to these T&C in text form (usually by email to the last email address provided by user). The user has the option to object to any such change in text form (e.g., by email, facsimile or letter) within 30 days of receipt of this notification.
If the user does not object to the change or does not object in time, the change shall be deemed approved. If the change is objected to in due time, the T&C shall not be changed. In this case, we safe the right to terminate (by termination with regular notice period) the contract (as defined in clause 4.1) to the end of the of your Subscription period.
1.4 Language
The original version of the T&C is in English language. Any translated version is for your convenience and for information purposes only. In case of disputes the English version shall prevail.
1.5 Transfer of rights
We are entitled to transfer the contract in whole or in part into our successor company, which operates Rally.tv independently. In that case we will inform you about it. After being informed, you have 14 days to object to the transfer. In this case we have the right to terminate the contract with you. Your rights of use to receive Rally.tv are personally assigned and therefore non-transferable.
2. Rally.tv Service
2.1 The Rally.tv service is currently offered in English language.
2.2 You must be 16 years of age to subscribe to the Rally.tv service. Individuals under the age of 18 may utilize the service only with the involvement of a parent or legal guardian, under such person's account and subject to these T&C.
2.3 Rally.tv and its services are available via internet and via the official Rally TV app for smartphones and tablets (iOS and Android) and more.
2.4 You may use Rally.tv services for strictly private purposes only. No commercial use is permitted, and you are in particular not allowed to make the services publicly available (please see also in clause 7.2.4 below), e.g. on the internet, on social media platform(s), especially on "lives", in bar(s), in restaurant(s), etc. In case of a violation, we are entitled to terminate the contract with you and claim reasonable damages.
If you are interested in a commercial license, please do not hesitate to contact us via info@rally.tv.
2.5 You may view our service only in geographic locations where we offer our service. The content that may be available to watch may vary by geographic location. Rally.tv will use technologies to verify your geographic location and make our services accessible accordingly.
2.6 The number of simultaneously streams/devices for watching Rally.tv is limited to two. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
2.7 We continually update our service. In addition, we test various aspects of our service, including our website, user interfaces, promotional features, availability of features, delivery and pricing on a regular basis. We reserve the right to include you or exclude you from these tests without notice.
2.8 You must use our service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein.
2.9 The availability of our service will change from time to time. The quality of the display of the streaming features may vary depending on your device, display, operating systems and settings and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. For more requirements in relation to the required operating systems, browsers and hardware please refer to our FAQs. Not all content is available in HD. HD availability is further subject to your internet and/or mobile service and device capabilities. You are responsible for all charges relating to your internet access and mobile data use. Please check with your access provider for information on data usage charges. Rally.tv makes no representations or warranties about the quality of your watching experience on your device or display.
2.11 In the event that you conclude the Subscription via another platform (in particular Apple or Android Store), the provisions there shall apply in addition to these T&C. Corresponding provisions under these T&C shall not apply to this extent.
3. Subscription and Payment
3.1 Rally.tv Subscription
By submitting your completed registration form and clicking a consent button you are sending us your binding offer to conclude a subscription contract for the Rally.tv services. You must have internet access, a valid e-mail and provide us with a valid and accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Rally.tv service. Once you have submitted your offer, we will immediately send you an e-mail for confirming your identity and hereafter an e-mail with confirmation of your offer. A binding contract is formed when you receive the confirmation from us or by our grant of access to the Rally.tv service for you ("Rally.tv Subscription" or "contract").
3.2 Payment
3.2.1 Recurring Payments
The current Subscription fees and charges for your Rally.tv Subscription are displayed in the ordering process as a total price (total price of the subscription plans' services including taxes if any). You authorise us to charge to your Payment Method upon start of your Rally.tv Subscription the chosen Subscription fee and any other charges for payable services you may use in connection with your Rally.tv Subscription. The Subscription fee for the chosen Rally.tv Subscription will be charged unless and until the Rally.tv Subscription is cancelled. Provider will automatically charge your Subscription fee to your Payment Method upon each anniversary of your chosen Subscription plan or, if such date does not occur in such month or year, on the last day before such date in the applicable month or year. Your renewal date may change due to changes in your Rally.tv Subscription. You acknowledge that the amount charged on each chosen billing period may vary from one billing period to the next for reasons that may include differing amounts due to promotional offers and/or changing or adding Subscription plans, and you authorize us to charge such varying amounts to your Payment Method, which may be charged periodically (e.g. monthly or yearly), according to your chosen Subscription plan, in one or more transactions.
3.2.2 Price Changes
Provider reserves the right to adjust at its reasonable discretion the price for a Subscription in accordance with the following provisions if (i) the total cost attributable to the respective subscription change after the Subscription has started and (ii) this change was not foreseeable at the time when the Subscription started. For the avoidance of doubt: Such price adjustment will not be made if the change in the total costs is due to an expansion of the Services or the content provided by Provider. The total costs include the following types of costs: (a) costs for the production and licensing of our content, to the extent it is a general change in the costs for content of a comparable type and quality, (b) operating costs, including costs for the maintenance of the technical operation of our platforms and costs in the area of personnel and infrastructure (e.g., increased rental costs), and (c) government levies. Increased costs in one cost category may only be used for the price adjustment if and to the extent they are not offset by lower costs in other cost categories so that the total costs remain unchanged or are lower.
In the event of cost reductions, the price for the Subscription shall be reduced if and to the extent the total costs decrease, i.e., the cost reduction in one cost category is not offset by increased costs in one or more other cost categories.
Provider will inform the affected users regarding the price adjustment at least four weeks before the price adjustment comes into effect. This information will be made in text form and/or send by email to the email address provided by you. The user may object to the price adjustment in text form (e.g., by email, facsimile or letter) until the end of the day (24:00 hours) on which the price adjustment is to take effect. Provider will inform the user about this objection right, the objection period and the consequences of an objection not made in due time in the information message notifying the user about the price adjustment. If the price adjustment is not objected to or not objected to in due time, the Subscription will be continued at the adjusted price from the time the price adjustment comes into effect. If the price adjustment is objected to in due time, the Subscription will be continued at the original price. In this case, we reserve the right to terminate the Subscription by termination with regular notice period to the end of your Subscription period.
3.2.3 No Refunds
Rally.tv Subscription fees are fully earned upon payment. Payments are non-refundable and there are no refunds or credits for partially used periods except if a refund is mandatory with regard to an effective termination or withdrawal right required by law (see clause 5). Following any cancellation, you will continue to have access to the service until the end of your current billing period.
3.2.4 Payment Methods.
You can choose between the different Payment Methods offered by us (please see our FAQ). We reserve the right to adapt the Payment Method from time to time in Provider's reasonable discretion. You may edit or update your Payment Method information by visiting our website and clicking on your profile section. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account as set forth herein, you remain responsible for any uncollected amounts and costs in connection therewith and you authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
4. Automatic extension of term, termination
4.1 Your Rally.tv Subscription will continue and extend automatically, according to your current Subscription period, unless and until your Rally.tv Subscription is terminated either by you via withdrawal or termination or if we terminate it. We will bill the chosen Subscription plan's fee to your Payment Method. In order to avoid the billing of the next chosen plan's Subscription fee to your Payment Method you must cancel your Rally.tv Subscription before it renews automatically for the next Subscription period.
You will continue to have access to the Rally.tv service until the end of your current billing period. To terminate your Rally.tv Subscription easily, follow the instructions for termination on our website.
4.2 Provider may terminate this agreement subject to one (1) weeks' notice, or for good cause at any time. A good cause for termination is, furthermore, if you default on payment of the continuing fees in a repeated billing period or the Rally.tv service is ceased in its entirety.
4.3 Provider may, in its sole discretion, without prior notice, block, suspend or terminate your access to the service in its entirety or in parts depending on the individual case, if Provider determines or has reasonable grounds to suspect that you have breached these T&C or your use of Rally.tv may cause damage to either Provider, any Provider's affiliates, or their activities, businesses or brands. In addition, a breach of the T&C may constitute a fraudulent offence and result in legal claims and damages as well as criminal prosecution.
5. Right of withdrawal and exceptions from the withdrawal right
5.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the formation of the contract. To exercise the right of withdrawal, you must inform us (WRC Promoter GmbH, Hermann-Weinhauser-Straße 73, 81673 Munich, phone +49-89-212-6699-0, fax +49-89-212-6699-28, e-mail: info@rally.tv) of your decision to withdraw from this contract by a definite and clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
5.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
5.3 Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To WRC Promoter GmbH, Hermann-Weinhauser-Straße 73, 81673 Munich (phone +49-89-212-6699-0, fax +49-89-212-6699-28, e-mail: support\@rally.tv):
Signature of user(s) (only if this form is notified on paper), Date
(*) Delete as appropriate
5.4 Exemption from withdrawal right
You will lose your right of withdrawal before the end of the withdrawal period if we begin with the performance of our services, and you have given your express consent to the beginning of the performance before the end of the withdrawal period and your acknowledgment that you lose your right of withdrawal by giving this consent with the beginning of the performance. We will inform you about this exemption from your withdrawal right and ask for your express consent and acknowledgment within the ordering process. Beginning of our performance means the granting of access to our service.
6. Third Party Software
6.1 Third Party Software
Rally.tv may utilise or include third party software that is subject to free and open source and/or third-party license terms ("Third Party Software"). Your right to use such Third-Party Software as part of Rally.tv is subject to and governed by the terms and conditions of a free and open-source software ("FOSS") initiative or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein.
6.2 Other Third-Party Content, Services.
Rally.tv may utilize or include digital content or services of third-party providers ("Third Party Content" or "Third Party Services"). Your right to use such Third-Party Content or Third-Party Service via Rally.tv or as part of Rally.tv may be subject and governed by additional terms and conditions of the third party providing those services. If you do not agree with such additional terms and conditions, you may not use the respective Third Party Content or Third Party Service.
7. User Generated Content, Obligations and Use Restrictions
7.1 User Content
In case Rally.tv provides for functionalities that enable the user to upload and/or post, transmit or otherwise make available any content ("User Generated Content" also "UGC") the user agrees that such UGC is made available to others via or in connection with the Rally.tv service. For this purpose, you grant to Provider the irrevocable worldwide, perpetual, transferable, assignable, sublicensable and unlimited rights for your UGC.
7.2 Obligations
7.2.1 Caution. You must be aware that any action, activity and/or information displayed or provided on or via Rally.tv is conducted by trained and experienced professionals and it is your responsibility to take precautions and use common sense when using Rally.tv.
7.2.2 Registration. During your registration to use Rally.tv you must enter correct and complete data and keep such information up to date at all times.
7.2.3 Provider's Reputation. The user must not cast a negative light on Provider, Provider's affiliates, or their activities, businesses or brands. You shall in particular refrain from using or posting, uploading, transmitting through, or otherwise making available through the Rally.tv, any content in connection with: (a) illegal products, content, services or materials; (b) any products, content, services or materials concerning or relating to obscenity, pornography or similarly adult-themed material; (c) coverage of accidents, assaults, catastrophes or riots.
7.2.4 Use Restrictions. You may not use Rally.tv for the purposes described in sections 7.2.4.1 to 7.2.4.5 below.
7.2.4.1 Exploitation. All content on Rally.tv, including content and services provided by you or any third parties, i.e., in particular all texts, logos, brands, graphics, artwork, sounds, music and software (including the access software) is protected by copyright, personal rights, registered designs, patents, trademarks, service marks, design rights, database rights, trade secrets, rights of confidence and other similar rights ("IPR"). All IPR existing on Rally.tv and to its content are either our property or have been licensed to us. All rights are reserved by us or, if provided by a third party, they are reserved by the third party (and even if such content or service is not expressly marked as being legally protected or registered, this does not mean that we or third parties waive any applicable IPR, neither wholly nor partially with respect to such content or service). You may not reproduce (e.g. download or screen-record), copy, post, republish, broadcast, publicly display, record, offer, transmit, distribute or edit Rally.tv or any of its services or content in its entirety or any parts thereof. The same shall apply to ideas and concepts of Rally.tv, any service it is based on, even if not protected by IPR or any other applicable law.
7.2.4.2 Content Protection. You must not and must not attempt to breach, surpass or circumvent any applied content protection, digital right management or any other software protecting IPR or assisting Rally.tv, its application, website, content or any of the service.
7.2.4.3 Harmful Impact. You must not and must not attempt to hamper, disable, interfere or attempt to interfere with Rally.tv, its application, codes, scripts or any part of it (including its security-related features or any transaction as may be concluded on this service), either via any virus, trojan horses, or other harmful code or script or any other action or tool, which may cause damage to Rally.tv, its applications, websites, apps, content or any of its service or any technical installation.
7.2.4.4 User for Commercial Purposes. You must not use Rally.tv or any part thereof for commercial purposes, including without limitation the sale of access to Rally.tv.
7.2.4.5 Unlawful Activities. You must not use Rally.tv for any unlawful purpose or for the publication of, linking to, issue or display of any unlawful material (such terms to include, but not be limited to, any pirated software or any material which is obscene, threatening, malicious, deceptive, harmful, abusive, defamatory, intimidating, discriminatory on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability) or which breaches the rights (including, but not limited to IPR) of us and/or any third party or which encourages or procures any criminal activity or contains any virus, trojan horses, or other harmful code or script.
8. Warranty for Defects, Liability
8.1 Disclaimer, Warranty for Defects for Free Apps
8.1.1 Quality. Provider makes no express or implied representations or warranties of any kind (and all representations and warranties are expressly rejected to the fullest extent permitted under applicable law) with respect to the accuracy, quality, workmanship, timeliness (including in respect of delivery), functionality, marketability, availability, or completeness of Rally.tv, services or content provided therein or towards the non-infringement of IPR or any other rights of third parties or the suitability of the content for a particular purpose, or the uninterrupted continuity and/or availability of the Rally.tv service. Any decision or action taken by you on the basis or in relation to the information provided on or via Rally.tv are at your sole discretion and risk.
8.2.2 Availability. You acknowledge and agree that you access and use Rally.tv at your own risk on an 'as is' and 'as available' basis and that we are not liable for any errors or omissions, interruptions or defects in Rally.tv any availability or delivery (including without limitation whether caused by interruption, deletion, delay in operation, power or network failure, transmission, communication line, errors, omissions or computer virus, trojan horses, or other harmful code or script), unless caused by our gross and demonstrable negligence and subject always to clause 8.2.1. We do not warrant that the Rally.tv service will be corrected or available within a specific frame of time. We reserve the right at any time and without notice to interrupt the operation of Rally.tv (or parts thereof) as may be necessary to perform routine or non-routine maintenance, error correction, security updates, or mandatory necessary changes, etc.
9. Privacy
We not only say that we try very hard to collect little personal data, we even practice this.
We use your personal data basically for the fulfilment of our contractual relationship (Art. 6 para. 1 b) GDPR) or also if you have expressly agreed (e.g. for our newsletter, Art. 6 para. 1 a) GDPR) and store your personal data only as long as this is also necessary for the fulfilment of these purposes and no other authorisation reason exists (e.g. due to mandatory government requirements or for compliance with legal obligations, Art. 6 para. 1 c) GDPR). Details can be found in our Privacy Policy.
Version: November 2022