Subscription and Identity Management Services Customer Terms

In addition to the terms and conditions found in the Order Form and Terms of Service at https://jwplayer.com/legal/tos/, (the “JWP TOS”) Customer purchasing and using Subscription and Identity Management Services acknowledges and agrees to the following additional terms (the “Additional Terms”), which shall be incorporated into the Order Form. In the event of any conflict or inconsistency between the terms of the Order Form, these terms, and the Terms of Service, the order of precedence shall be the Order Form highest, these Additional Terms second, the Addendum third and the Terms of Service lowest.

Definitions and General.
- Definitions. The following definitions shall have the following meanings as used in these Additional Terms. Capitalized terms used in these Additional Terms and not otherwise defined herein have the meanings assigned to such terms elsewhere in the Agreement, including the Order Form or Terms of Service, the case may be.
  1. “Customer” means the Publisher identified on the Order Form.
  2. “Dashboard” means a secured part of the Platform, which can only be accessed by the Customer by using their personal username and password. The Dashboard shows an overview of the Customer’s account transactions and other information resulting from their use of the Subscription and Identity Management Services and/or the JW Player Software Development Kit (SDK) or application programming interface (API);
  3. “Gross Revenue” means the total amount of revenue processed in respect of any given purchase of Premium Content;
  4. “Order Form” means the JW Player Enterprise Order Form between the Customer and JW Player to which these Additional Terms is applicable.
  5. “Subscription and Identity Management Services” means identity management services and subscriptions and payments services available through the Platform (in each case, as applicable as purchased, and as more particularly described on our Website);
  6. “Platform” means JW Player’s digital asset monetization and protection platform or technology available at certain “inplayer.com” subdomains and or “jwplayer.com” subdomains or via the applicable SDK or API(including applications built using the API such as the embeddable paywall app, OTT web app and the landing page builder);
  7. “Premium Content” means a digital asset made available, protected or monetised using the Platform;
  8. “User” means any individual or business entity desiring to purchase access to the Customer’s Premium Content by making use of the Subscription and Identity Management Services;
  9. “Website” means the website with the domain name jwplayer.com;
- General. JW Player will provide Customer with Subscription and Identity Management Services that may be utilized in connection with Premium Content. The “Basic Setup Package” consists of Subscription and Identity Management Services. Any additional services beyond the Basic Setup Package are subject to additional fees, as agreed upon by the Parties. Viewer Authentication & Payments Support, if purchased, shall be provided pursuant to the Viewer Authentication & Payments Support Agreement.
License.
- Subject to the terms and conditions of the Agreement, JW Player hereby grants to Customer a non-exclusive, non-transferable (except as otherwise set forth in the Agreement), non-sublicensable (except as otherwise expressly set forth in the Agreement), limited right and license, during the Term, to use the Platform, on the URL’s/publisher IDs specified in this Agreement. Users shall be required to read and accept JW Player’s standard User terms applicable to the Platform found at https://jwplayer.com/legal/sims-user-terms/) (the “TOS”) prior to using the Platform. If Customer requires its Users to enter into or agree to terms other than the JW Player User terms in order to access any Premium Content, Customer shall provide JW Player with such terms for review and approval. Such terms shall not be inconsistent with or in conflict with the terms of this agreement or the User terms.
- The Customer is entitled to use JW Player’ name and logo on its own website during the Term of this Agreement for the purpose of embedding the Platform on its website provided any goodwill accrues exclusively to JW Player.
Fees and Payments.
- Fees. In consideration for JW Player providing access to the Platform and the Subscription and Identity Management Services, the Customer agrees to pay JW Player the applicable fees for identity management services, subscriptions and payments services, and Viewer Authentication & Payments Support services as calculated and set forth in the applicable Order Form. Fees for identity management services and Viewer Authentication & Payments Support services shall be based on MAUs as set forth in the applicable Order Form. Fees for subscriptions and payments services shall be based on transaction and processing fees, as set forth in the applicable Order Form and described below in Section 3(b). “MAUs” shall be defined as the number of Users that have logged into Customer’s website or application in a given month.
- Payment. Each time a User pays for your Premium Content using the Platform, the price paid will be transferred to JW Player and added to your balance in your Dashboard. Once such amount is received by us from the User, it shall be deemed to be Gross Revenue. Provided that your account on the Dashboard holds Cleared Funds of not less than $250, we will pay out to you within thirty-five (35) days of the end of every calendar month all Gross Revenue collected during such month, minus (i) the transaction fee as calculated and set forth in the Order Form and the transaction processing fee as in effect for the applicable payment processor and (ii) any refunds or chargebacks issued during such month (“Net Revenue”). “Cleared Funds” shall be defined as funds cleared by a financial institution and available for use. In the event that $250 of Cleared Funds is not reached, Net Revenue shall continue to accrue in your JW Player account on the Dashboard until this sum is reached.
- Professional Services. JW Player may provide professional services to Customer, which may include implementation, configuration, migration, management, development, consulting and/or training services. Any such professional services will be provided on a billable basis pursuant to a statement of work (“SOW”) signed by both parties. In the event of any conflict or inconsistency between the terms of an applicable, mutually ratified SOW and this Agreement, the SOW shall prevail for purposes of the subject matter of the applicable SOW.
- Viewer Authentication & Payments Support fees. The Customer will pay JW Player any support fees in respect of Viewer Authentication & Payments Support.
- Chargebacks and Payment Disputes. The Customer acknowledges and agrees, that should an issuing bank or a payment card company request a chargeback or refund, JW Player will return all funds paid by the applicable User to the same payment method used by a User for their original purchase. Chargeback and refund fees are transferred at the burden of the Customer and the Customer shall be responsible for the costs charged to JW Player by the relevant provider offering the form of payment.
- Taxes. All fees and charges payable by you are exclusive of applicable taxes and duties, including VAT and applicable sales tax. You will provide us with any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing us with legally-sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
Refunds and Pricing Policy.
- Auto Refund Policy. A User will be entitled to an automatic refund in the following scenarios:
  1. The User has made a duplicate purchase of Premium Content using the same account;
  2. The User’s country was geo-blocked;
  3. The Premium Content was made unavailable after the purchase;
  4. The Premium Content wasn’t published by the Customer at all;
  5. More than 80% of the Premium Content had quality issues (no sound, or poor sound and video quality) not due to any technical issue related to Users;
  6. The description of the Premium Content was misleading and did not relate to the actual content provided; or
  7. The User request a refund pursuant to an applicable consumer protection law providing for an automatic refund.
- Other Refunds. JW Player shall provide the Customer with a form that includes the most common User refund request scenarios. The Customer must fill out the form to indicate its refund policy preferences (the “Refund Policy”) and send it back to JW Player. The Customer will issue refunds to Users in accordance with the Refund Policy. Any requests outside of the Refund Policy, Automatic Refund Policy, and chargebacks pursuant to Clause 4.1 above will be sent to the Customer for review on a case-by-case basis. The Customer must respond to such request within fifteen (15) days of JW Player’s notice. If the Customer fails to respond to such requests within fifteen (15) days of JW Player’s notice, JW Player may issue a refund to such User and the Customer shall be responsible for such amounts.
- Right to set off. You hereby agree that we may set off any such sums due to Users in accordance with this Clause 4 against other Net Revenue due to you pursuant to this Agreement or any other agreement made between you and us.
- Price changes. You hereby agree that in the event that you change your price and/or terms for access to Premium Content you will notify via email each User of such changes prior to the price change taking effect and such change will not affect any previously purchased Premium Content. You also hereby agree that the User shall have the right to terminate their subscription before such change comes into effect by electing not to renew such subscription.
Third Party Payments Providers. JW Player uses third-party service providers, including Stripe, Inc., PayPal, Apple Pay and Google Pay (“Payment Processors”) as third-party service providers for payment services (e.g., card acceptance, merchant settlement, and related services). Customer’s and User’s use of the Platform and Subscription and Identity Management Services and the payment processing provided by the Payment Processor is subject to the applicable Payment Processor agreement (such as the Stripe Connected Account Agreement that includes the Stripe Services Agreement), as may be modified by the Payment Processor from time to time (collectively, the “Payment Processor Agreement”). As a condition of using the Payment Processor’s payment processing services, Customer must provide accurate and complete information, and Customer hereby authorizes JW Player to share this information with the Payment Processor. All bank and credit card information is sent directly to and stored with the Payment Processor using its security protocols. JW Player does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Customer’s use of the Payment Processor’s payment processing is conditioned upon Customer’s compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, Customer may not be able to use the Platform and Subscription and Identity Management Services, or Customer may have its account suspended or terminated. JW Player is not responsible for any loss of services due to the suspense or termination based on the foregoing sentence. Customer will still be obliged to make payments for the Subscription and Identity Management Services for the duration of this Agreement regardless of such termination or suspension. JW Player may change or add other payment processing services at any time upon notice to Customer, which may be subject to additional terms or conditions
Representations and Warranties.
- The Customer represents and warrants that they shall:
  1. not infringe any of our or our third party licensor’s intellectual property rights;
  2. refrain from violating any law, statute or regulation;
  3. not publish any Premium Content that is Prohibited Content
  4. not make use of the Subscription and Identity Management Services to send unsolicited messages (spamming);
  5. not mislead the User in any way or/and refrain from offering illegal services or distributing unlawful material;
  6. comply with all applicable telecommunications and e-commerce laws and/or regulations and behave as a responsible and careful Internet user;
  7. not use the Subscription and Identity Management Services or the Platform to collect from Users any of the following: (i) information that is considered “special category” under Regulation (EU) 2016/679 (General Data Protection Regulation) (the “GDPR”) (ie, race, ethnicity, political views, religion, spiritual or philosophical beliefs, biometric data, health data, sex life data, sexual orientation, or genetic data) or collect any information (ii) information that is considered “personal health information” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); or (iii) primary account number (“PAN”) under PCI Data Security Standard (PCI DSS);
  8. refrain from hacking our Website or Platform or the server(s) on which our Website or Platform are located, or circumventing any security measures made to it, or in any other way hinder or influence the operation of our Website or Platform; and
  9. refrain from any act or omission which could cause detriment to JW Player or bring JW Player into disrepute.
- API Limits. Customer shall not exceed sixty (60) requests per minute to the dashboard API , or any other limit set forth in the applicable technical documentation. In addition to any other remedies provided by this Agreement, JW Player reserves the right to either (i) limit requests to below the applicable limit or (ii) immediately suspend accounts that exceed such limits and to terminate or block such accounts if JW Player believes in its reasonable discretion that such excess is due to Customer’s abusive behavior.
Limited Product Warranty, Disclaimer; Limitation of Liability; Indemnity; Publicity; Export For the purposes of these Additional Terms, the provisions of the JWP TOS captioned “Limited Product Warranty”, “Disclaimer”, “Limitation of Liability”, and “Indemnity”, the term “Products” shall be replaced by “Subscription and Identity Management Services” to give effect to such provisions applied to the Subscription and Identity Management Services.
DMCA. Subscription and Identity Management Services shall be subject to the Company’s published DMCA policy, which is incorporated by reference herein and available at jwplayer.com/dmca. If you believe that any materials distributed through the Subscription and Identity Management Services violate a copyright that you hold, please follow the steps set forth in that DMCA policy.

Last Revised: February 5, 2024