General Terms and Conditions of service

StreamWay+ is a proprietary audiovisual streaming platform developed and managed by HiWay Media S.r.l., registered office at [FULL ADDRESS], VAT No. [NUMBER], phone: [PHONE], support e-mail: [EMAIL], PEC: [PEC] (hereinafter "HiWay Media" or "the Platform").

StreamWay+ is an aggregator platform for audiovisual content through which registered users (hereinafter "Users" or "User") can access freely available content and paid content distributed through thematic channels managed by editorial partners (hereinafter "Partners" or "Partner Channels"), each operating within the StreamWay+ ecosystem. HiWay Media acts as the sole contractual counterparty of the User and as merchant of record for all payments made on the Platform.

The subscription agreement is concluded exclusively between the User and HiWay Media. Partners are not contractual parties to the relationship with the User for the purposes of payment, invoicing, and account management. Any service issues relating to the content of a single Channel must be reported in accordance with Art. 2.4.

These General Terms and Conditions of Use (hereinafter "General Terms") govern the User’s access to and use of the StreamWay+ Service. By accessing and/or using the Service, the User accepts these General Terms. It is recommended to save a copy on a durable medium.

Art. 1 — Definitions

For the purposes of these General Terms, the following definitions apply:

  • • "Service" or "Platform Services": the set of functionalities made available by HiWay Media through StreamWay+, including: registration/account, discovery/catalogue, player, first-level customer care, payment management and invoicing, as well as technical security and anti-fraud functionalities;
  • • "Partner Channel" or "Channel": an editorial space within StreamWay+ managed by a third party (Partner) that offers its own Content under partial StreamWay+ branding;
  • • "Content": collectively refers to Partner Content and any content owned by HiWay Media that may be offered;
  • • "Subscription": the distance contract through which the User purchases the right to access one or more Pay Packages with automatic renewal (monthly or annual);
  • • "Pay Package": a set of paid Content associated with a specific Partner Channel or offered directly by HiWay Media;
  • • "Oneshot Content" or "Pay-per-view": a single audiovisual content item purchasable in a one-off transaction, without renewal;
  • • "Personal Area": the reserved section of the Service where the User manages their profile, subscriptions, and preferences;
  • • "Merchant of Record": HiWay Media, in its capacity as the entity that collects payments from the User, issues tax documentation, and remits funds to Partners.

Art. 2 — Registration, Account and Communications

2.1 Personal Profile

Upon registration with the StreamWay+ Service, available at https://streamwayplus.com/signup, the User creates a Personal Profile by entering the required data in the registration form (first name, last name, date of birth, e-mail, password). Registration is required to access any Content of the Service, including free Content. In the Personal Area, the User can view and manage: personal information, active subscriptions for each Channel, payment history, communication preferences, and privacy settings. The processing of personal data is described in the Privacy Policy available at https://streamwayplus.com/privacy-policy.

2.2 Minimum Age

Registration with the Service is permitted to Users who have reached the age of 14. A minor who has already reached the age of 14 may register independently pursuant to Art. 2-quinquies of Legislative Decree 196/2003. For minors under the age of 14, registration requires the consent of the person exercising parental responsibility. The purchase of Pay Packages is permitted exclusively to those who have reached the age of 18 (or the age of majority in their country of residence). By providing their date of birth during registration, the User confirms their age.

2.3 Credential Security

The User is responsible for keeping their access credentials confidential and for any activity carried out through their account. In the event of unauthorised access or theft of credentials, the User must immediately change them in the “Account Settings” section and notify HiWay Media at [SUPPORT EMAIL]. Use of the account is permitted solely for personal and domestic/family purposes. Sharing credentials with persons outside the household is prohibited.

2.4 Communications and Complaints

HiWay Media will send account-related communications exclusively by e-mail to the address provided during registration. For complaints and support requests:

  • Platform, payments, account: [HIWAY MEDIA SUPPORT EMAIL] — [SUPPORT FORM URL]
  • Content of a single Partner Channel: [IN-APP REPORTING SYSTEM BY CHANNEL] — response within [X] business days; HiWay Media will handle escalation to the relevant Partner
  • Formal complaints: PEC [HIWAY MEDIA PEC]; response within 30 days of receipt
  • ODR (alternative dispute resolution): https://ec.europa.eu/consumers/odr

Art. 3 — Content and Pay Packages

3.1 Service Structure

The StreamWay+ Service is structured as follows:

  • Free Content: accessible upon simple registration, at no charge;
  • Pay Packages: accessible upon payment of the amount indicated at the time of purchase.

Available Partner Channels, with their respective Pay Packages and VAT-inclusive prices, can be found at [PURCHASE PAGE URL].

3.2 Types of Subscription

  • Monthly subscription: fee charged at activation and automatically renewed each month. The User may deactivate renewal at any time from the Personal Area, effective from the end of the already-paid period.
  • Annual subscription: fee charged in a single payment. HiWay Media sends an e-mail notice at least 30 days before expiry. The User may deactivate renewal within that period.
  • Oneshot/Pay-per-view Content: one-off purchase at the price shown at the time of purchase.

Each Subscription is independent from the others and is not conditional on the activation of other Subscriptions, unless otherwise indicated on the specific Package page.

3.3 Partner Channel Content

Partner Channel Content is produced, curated, and distributed under the editorial responsibility of the respective Partner. HiWay Media does not bear editorial responsibility for the Content of individual Partner Channels, without prejudice to HiWay Media’s right to remove Content that violates these General Terms, applicable law, or the rights of third parties (see Art. 7).

Art. 4 — Payments and Invoicing

4.1 Pre-contractual information obligations and payment obligation

Before the User submits the order, HiWay Media clearly and prominently displays: (i) the main features of the Package; (ii) the total price inclusive of VAT and any additional costs; (iii) the duration and renewal terms; (iv) the conditions and methods for exercising the right of withdrawal; (v) any interoperability and compatibility of the Service with devices.

The order confirmation button reads "Order with obligation to pay" or an equivalent unambiguous formulation. Submitting the order constitutes acceptance of the payment obligation. In the absence of such wording, the consumer is not bound by the contract.

4.2 Automatic renewal and advance notice

For automatically renewing Subscriptions, the User expressly authorises recurring charges to their chosen payment method. HiWay Media provides clear advance notice of each upcoming charge. In the event of a failed charge, HiWay Media may suspend access to the Service until successful payment, after notifying the User. In the event of unjustified chargebacks, HiWay Media reserves the right to suspend the account and seek payment of amounts owed to the extent permitted by law.

4.3 Payment methods and PSP

The User may choose from the following payment methods: (i) credit/debit card; (ii) PayPal; (iii) [other available methods]. Banking and card data are processed exclusively by the payment service provider ([PSP NAME]), acting as data processor pursuant to Art. 28 GDPR. HiWay Media does not collect or store such data.

4.4 Invoicing

HiWay Media collects payment as Merchant of Record and manages remittance and redistribution to Partners. The invoice is issued by HiWay Media and is available in the Personal Area. The User may request an electronic invoice by providing their tax code/VAT number and recipient code at the time of purchase.

4.5 Offers and promotions

HiWay Media may offer time-limited promotional terms. The conditions of each offer are indicated on the specific page. Unless otherwise specified, these General Terms apply.

Art. 5 — Right of Withdrawal

5.1 Right of withdrawal for Subscriptions

The consumer User has the right to withdraw from the Subscription without penalties and without providing a reason, within 14 (fourteen) calendar days from the conclusion of the contract, pursuant to Arts. 52 et seq. of Legislative Decree 6 September 2005, No. 206 (Consumer Code).

Methods for exercising the right of withdrawal:

  1. Online withdrawal function: in the Personal Area (“My subscriptions” section), the "Withdraw from contract" function guides the User through the process (entry of contract identification data, confirmation via the "Confirm withdrawal" button) and automatically generates proof of withdrawal on a durable medium. HiWay Media sends an acknowledgement of receipt by e-mail without undue delay.
  2. Written communication: the User may send an unequivocal communication to [WITHDRAWAL EMAIL] or by PEC to [HIWAY MEDIA PEC], including by using the standard form in Annex A.

5.2 Digital content: mandatory notice

MANDATORY NOTICE PURSUANT TO ART. 59(1)(O) OF THE CONSUMER CODE:

Where the User requests immediate activation of the Service during the withdrawal period — and the contract involves a payment obligation — HiWay Media obtains from the User, prior to activation:

  1. Explicit request for immediate activation during the withdrawal period;
  2. Express acknowledgement that, once even a single item of Content within the Package has been accessed, the right of withdrawal is forfeited.

If the User has given both consents and has partially accessed Content, the right of withdrawal is forfeited for Content already accessed. If the User has not requested immediate activation, the Service is activated at the end of the withdrawal period, unless expressly waived.

5.3 Refund

In the event of a timely and effective withdrawal, HiWay Media refunds the full amount within 14 days of receipt of the withdrawal notice, using the same payment method, at no additional cost.

5.4 Closure or unavailability of a Partner Channel

If a Partner Channel becomes permanently unavailable during the paid Subscription period, HiWay Media immediately notifies the User and provides a proportional refund for the remaining period, calculated on a daily basis, within 14 days of notification. Alternatively, where available, access to an equivalent replacement Channel is offered.

5.5 Withdrawal due to significant changes

In the event of a significant change to the Service pursuant to Art. 8.3, the User has the right to withdraw within 14 days of notification, with a proportional refund for the unused period.

Art. 6 — Use of Content, Licence and Restrictions

6.1 Licence of use

HiWay Media grants the User a personal, non-exclusive, non-transferable and non-sublicensable licence to access the Service and use the Content, solely for personal and domestic/family purposes, in the territory and for the period indicated in the offer.

6.2 Restrictions

The User undertakes not to: (i) broadcast, communicate to the public, transmit or distribute Content, even in part, for commercial purposes or in public venues; (ii) record, reproduce, download, modify or process Content by any means; (iii) share credentials with persons outside the household; (iv) use software, scripts, bots or automated processes (scraping, crawling, reverse engineering); (v) circumvent Content protection systems (DRM); (vi) develop products or applications based on Content; (vii) distribute the Service in venues open to the public without authorisation; (viii) use the Platform for unlawful, harmful purposes or in violation of third-party rights; (ix) distribute malware or interfere with the functioning of Platform Services.

6.3 Geographical availability and remedies

Some Content may be subject to geographical restrictions due to licence rights. Such restrictions are clearly indicated before purchase. Where, as a result of geo-blocking applied in accordance with the declared conditions, the User is unable to access purchased Content, they shall be entitled to the available remedies (replacement, credit or proportional refund), in accordance with the procedures indicated in the Personal Area.

6.4 Technical requirements

The Service is accessible via an updated browser and/or the StreamWay+ application on compatible devices. The updated list is available at [TECHNICAL REQUIREMENTS URL]. Connectivity costs are borne by the User. Content may be viewed on a maximum of [N] devices simultaneously per account. HiWay Media is not responsible for Service quality in the event of: use of incompatible devices; device malfunction; connectivity issues attributable to a third-party operator.

Art. 7 — Notice & Takedown, Monitoring and Termination

7.1 Reporting illegal content and notice & takedown

The User may report the presence of illegal, harmful or rights-infringing Content via [REPORTING EMAIL/FORM]. HiWay Media reviews the report and, in the event of a manifest breach, applies a timely notice & takedown procedure; in the event of a manifest and urgent breach, HiWay Media may remove or disable access to the contested Content without notice. If the removal relates to Content for which the User has already paid, HiWay Media shall provide the proportional remedies set out in Art. 5.

7.2 Monitoring and suspension

HiWay Media reserves the right to carry out checks at any time. In the event of misuse or breach of the General Terms, HiWay Media may: (i) send a warning to the User; (ii) temporarily suspend access; (iii) permanently delete the Personal Profile. The measure will be communicated to the User.

7.3 Termination and damages

HiWay Media has the right to terminate the contract pursuant to Art. 1456 of the Italian Civil Code in the event of a material breach of the obligations set out in Art. 6. The User undertakes to indemnify and hold harmless HiWay Media and the Partners from any loss or legal costs arising from such breach.

Art. 8 — Service Interruptions and Amendments

8.1 Planned interruption

HiWay Media may interrupt the Service for maintenance, repair or improvement. In the event of an interruption exceeding 48 consecutive hours attributable to HiWay Media, the User will receive a free extension of their subscription equal to the period of interruption, or the unavailable Content will be made available.

8.2 Force majeure

HiWay Media is not liable for interruptions caused by force majeure events (natural disasters, third-party network outages, power blackouts, acts of public authority) or connectivity issues attributable to the operator chosen by the User.

8.3 Amendments to the Service and Terms

HiWay Media may amend the General Terms, prices and Service features for: (i) compliance with regulatory or legislative changes; (ii) technical or operational requirements; (iii) changes in Content licence costs; (iv) technological developments in the sector; (v) documented commercial reasons.

In such cases, HiWay Media gives at least 30 days’ advance notice by e-mail and via a notice in the Personal Area, specifying the nature of the changes and their effective date.

In the event of significant and adverse changes, the User has the right to withdraw without penalties within 14 days of notification, with a pro-rata refund. Non-significant changes (addition of new Channels, technical improvements, interface updates) are deemed accepted if the User does not withdraw within the specified period.

Art. 9 — Account Deletion and Cancellation

9.1 Deletion of Personal Profile

The User may at any time request deletion of the Personal Profile via the “Account Settings” section or by submitting a request to [SUPPORT EMAIL]. Deletion results in the permanent loss of all data and all active subscriptions, with no right to a refund for the remaining period unless otherwise required by law or upon withdrawal under Art. 5.

9.2 Cancellation of automatic renewal

The User may at any time deactivate automatic renewal from the Personal Area, “My subscriptions” section. Access to Content will continue until the end of the already-paid period.

Art. 10 — Intellectual Property

10.1 StreamWay+ technology and brand

The "StreamWay+" trademark, the technological infrastructure, the user interface, recommendation algorithms, software and all other technical or graphic elements are the exclusive property of HiWay Media or are licensed to it. No rights to such elements are transferred to the User.

10.2 Partner Channel Content

Partner Channel Content (videos, audio, images, texts, Channel trademarks) is owned by the respective Partner or licensed by them. HiWay Media distributes such Content pursuant to licence agreements with each Partner. The licence granted to the User is personal, non-exclusive, non-transferable and limited to domestic and family use.

10.3 User database

The StreamWay+ Platform’s user database is the exclusive property of HiWay Media. Partners do not acquire independent rights over user data by virtue of distributing their Content via StreamWay+.

Art. 11 — Limitation of Liability and Service Conformity

HiWay Media warrants the availability of the Service and the conformity of the Content with the characteristics described at the time of purchase, in compliance with Legislative Decree 4 November 2021, No. 170 (conformity of digital services). HiWay Media is not liable for: (i) interruptions due to force majeure or third-party connectivity providers; (ii) Content produced by Partners as regards their editorial responsibility; (iii) damages arising from the use of third-party websites accessible via links on the Platform. HiWay Media’s liability for Platform Services is limited to foreseeable direct damages arising from attributable non-performance. This clause does not affect the mandatory rights of consumers.

Art. 12 — Protection of Minors

The purchase of Pay Packages is permitted exclusively to adults. HiWay Media implements age-gate systems at the registration stage. Content not suitable for minors is subject to access restrictions and appropriately labelled. Account holders are responsible for preventing minors from accessing Content unsuitable for their age.

Art. 13 — Personal Data

The User’s personal data is processed by HiWay Media in compliance with the GDPR (EU Regulation 2016/679) and Legislative Decree 30 June 2003, No. 196 (Privacy Code), as detailed in the Privacy Policy available at [PRIVACY POLICY URL] and the Cookie Policy available at [COOKIE POLICY URL].

Art. 14 — Governing Law, Jurisdiction and ADR

These General Terms are governed by Italian law. For disputes with consumers, exclusive territorial jurisdiction lies with the court of the consumer’s place of residence or domicile pursuant to Art. 66-bis of the Consumer Code (Legislative Decree 206/2005); any contractual provision to the contrary is unenforceable against the consumer. For disputes with non-consumer parties, exclusive jurisdiction lies with the Court of [HIWAY MEDIA REGISTERED OFFICE]. For alternative dispute resolution, the consumer User may use the ODR platform: https://ec.europa.eu/consumers/odr

Art. 15 — Final Provisions

All matters not expressly regulated herein are governed by the Consumer Code (Legislative Decree 206/2005), the Italian Civil Code, Legislative Decree 9 April 2003, No. 70 (e-commerce) and applicable European legislation.

Annex A — Standard Withdrawal Form

(Pursuant to Art. 49(1)(h) and Annex I, Part B of Legislative Decree 206/2005)

To: HiWay Media S.r.l. — [ADDRESS] — [WITHDRAWAL EMAIL] — PEC: [PEC] 

I/We (*) hereby give notice of my/our (*) decision to withdraw from the subscription contract relating to the Package: [_____] 

Ordered on: [_____] | User: [_____] | Address: [_____] | Signature (if paper): [_____] | Date: [_____]

(*) Delete as appropriate.

Alternatively: use the "Withdraw from contract" function available in the Personal Area → "My subscriptions".