General Terms of Use of the TOOBI Platform

These General Terms of Use (the "Terms") govern the rights and obligations between the service provider Tobi Media d.o.o. (hereinafter: the Provider) and the end user subscriber (hereinafter: the Subscriber), in connection with access to and use of the online platform TOOBI (hereinafter: the Platform or the Service). By registering an account, entering into a subscription or using the Platform, the Subscriber confirms that they have read, understood and accepted these Terms of Use in full.

1. Account Registration and the Subscriber

• Eligibility: The TOOBI Service is intended for natural persons over 18 years of age. Minors may not be Subscribers, except with the appropriate consent or supervision of a legal representative, in accordance with applicable regulations.
• Registration and data: When registering an account, the Subscriber is obliged to provide accurate, complete and truthful personal data necessary for creating a user account and providing the service. Mandatory data may include first and last name / name of the legal entity, email address, contact telephone number and other information required for successful identification of the user and performance of the service. The Subscriber is responsible for the accuracy of the data submitted and shall notify the Provider of any change to it.
• User account: Registration creates a user account for the Subscriber. The Subscriber undertakes to keep their username and password confidential. The Subscriber must keep their access credentials secret and must not share them with unauthorised persons. Any login with valid credentials shall be deemed to have been performed by the Subscriber themselves. If unauthorised use or compromise of the account is suspected, the Subscriber should notify the Provider immediately; the Provider reserves the right to temporarily suspend or block use of the account in order to protect security, with prior or subsequent notice to the Subscriber.

2. Description of the Service and Subscription Packages

• Service and availability: TOOBI is a digital platform that allows Subscribers to access a variety of multimedia content over the internet (e.g. television channels, live and on-demand video content, sports broadcasts, etc.), depending on the selected subscription package. The Service is available to Subscribers globally and may be used over an internet connection anywhere in the world, in accordance with these Terms of Use and any restrictions provided for by local regulations.
• Subscription packages: The Provider offers several different subscription packages, currently Standard and Premium, which differ in the scope of available content and/or functionality of the service. The Subscriber selects the desired package upon registration or upon a later change of subscription. The prices and features of each package are clearly stated on the Provider official website and in the applicable price list, which forms an integral part of the contractual relationship. The Provider reserves the right to change the package offering, the terms and content of each package, as well as the subscription price from time to time, with prior notice to the Subscriber in accordance with these Terms (see the section Changes to the Terms below).
• Use of the service: The Subscriber acquires the right to access online content on the Platform after entering into a subscription to one of the packages and paying the corresponding subscription fee. The Subscriber undertakes to use the Service exclusively for their own personal needs, in the manner provided for by these Terms. Commercial use of the service, sharing of the user account or content with unauthorised third parties, public reproduction or re-broadcasting of content, as well as any other conduct contrary to the provisions of the law on copyright and related rights, is strictly prohibited. The Service, including all video, audio and software content on the Platform, is protected by intellectual property rights, and the Subscriber has no right to copy, distribute, modify, sublicense or otherwise exploit it, other than for viewing and consumption via the Platform in the permitted manner.

3. Prices and Method of Payment

• Subscription paid in advance: The Subscriber undertakes to pay the subscription fee for the selected package in advance for each billing period, in accordance with the prices from the price list valid on the day of payment. The billing period may be monthly, annual or another period defined for the specific subscription package. Payment of the subscription fee shall be deemed to constitute conclusion of the contract and activation of the service for the paid period.
• Currency: Prices on the Platform are expressed in EUR. Depending on the selected method of payment, charging may be carried out in EUR or in the dinar equivalent calculated at the middle exchange rate of the National Bank of Serbia on the day of the transaction.
• In cases where charging is carried out in RSD, the conversion from EUR is performed by the Provider at the moment of the transaction at the applicable exchange rate.
• If the user payment card is issued in a currency different from the currency of charging, the card issuing bank may perform an additional conversion, which may lead to differences in the final amount charged. The Provider is not liable for such differences or for bank fees.
• The applied exchange rate is based on publicly available data and may be subject to minor deviations due to technical or timing differences.
• Currency and taxes: All subscription prices are stated in the corresponding currency and include the applicable value added tax (VAT) and other public duties, unless otherwise indicated. If the Subscriber makes a payment outside the country of the Provider registered office or in a foreign currency, charging may be carried out in another currency, whereby conversion will be performed at the applicable exchange rate of the payment institution (e.g. the card organisation) on the day of the transaction. Minor differences in the amount charged are possible due to exchange rate differences or bank fees, for which the Provider is not liable.
• Payment methods: The subscription may be paid in one of the following ways:
• By payment card. The Provider accepts credit and debit cards of international card systems (Visa, MasterCard, etc.) for online payment. When paying by card, the Subscriber enters the card details over a secure, protected connection; that data (card number, expiry date, CVV, etc.) is forwarded to the authorised payment processor for the purpose of charging. At no point does the Provider store the card number in open form in its system, but only tokenised/reference data in accordance with payment security standards. The Provider undertakes to protect the confidential financial data of the Subscriber in accordance with the applicable standards and the Privacy Policy. After a successful transaction, the Subscriber will be sent a payment confirmation electronically (by email) and, where necessary, a fiscal receipt/invoice in accordance with the law. Tobi Media d.o.o.fully applies all provisions of the General Data Protection Regulation (GDPR), as well as the relevant domestic regulations on data protection and privacy.
• By bank transfer. The Subscriber may also pay the subscription fee by direct payment to the Provider current account (e.g. by bank transfer or payment at a bank or post office). In that case, the Subscriber is obliged to use the correct model and payment reference number provided to them so that the payment is recorded correctly. The Service will be activated after the Provider receives confirmation that the subscription amount has been credited to the account.
• Regularity of payment: The Subscriber expressly undertakes to settle the subscription fees for the selected package properly and in a timely manner, in accordance with the applicable price list of the Provider. In the event of a delay in payment of the subscription for the following period, the Provider may, but is not obliged to, grant a short grace period; after the expiry of that period without successful payment, the Provider reserves the right to suspend the provision of the service to the Subscriber due to non-settlement of obligations. Reactivation of the service will be possible only after the Subscriber settles the outstanding debt, and the Provider reserves the right to charge statutory default interest on late payments and/or a reconnection fee, in accordance with the price list.

4. Subscription Renewal and Cancellation

• Automatic renewal: Subscriptions do NOT renew automatically. The Subscriber is obliged to renew the subscription themselves after the paid period expires.
• Right to cancel: The Subscriber has the right to cancel the subscription for the following period at any time, without stating a reason. Cancellation may be carried out through the user account (the subscription cancellation option in the "My account" section on the Platform) or by sending a written request to the Provider (electronically, to the customer support email address provided for that purpose).
• Consequences of cancellation: If the Subscriber cancels the subscription, the subscription remains active until the already paid subscription period expires, after which it will not renew automatically and user access to the Service will be restricted or disabled. The Subscriber will not be charged any further fees after the expiry date of the cancelled subscription. A refund of the subscription already paid for the current period is in principle not made, given that the Subscriber retains the right to use the Service until the end of the paid period. Exceptionally, if the Subscriber cancels the subscription within the statutory period for withdrawal from a distance contract (e.g. 14 days from conclusion of the subscription, where the Consumer Protection Act applies), the Provider will act in accordance with such regulations and may refund the amount provided for by law.
• The Subscriber has the right to withdraw from a distance contract within 14 days, without stating a reason. However, the Subscriber agrees that provision of the digital service begins immediately after payment is made. By giving explicit consent for the provision of the service to begin before the withdrawal period expires, the Subscriber confirms that they lose the right to withdraw from the contract.
• Termination by the Provider: The Provider reserves the right to unilaterally cancel the subscription and/or terminate the user contract with the Subscriber before the paid period expires in exceptional cases, such as: (a) gross or repeated breach of these Terms by the Subscriber; (b) impermissible or unlawful conduct of the Subscriber in connection with use of the Service (see the section Prohibited use); (c) failure of the Subscriber to settle due obligations despite a warning; or (d) complete cessation of the provision of the Service in question by the Provider. In cases of serious breach of the Terms or the law, the Provider may terminate the contract and suspend the Subscriber immediately, without prior warning. In the event of unilateral termination by the Provider that is not caused by the fault of the Subscriber (e.g. discontinuation of the Service), the Subscriber will be refunded the unused, proportional amount of the subscription for the period after the service ends. Termination of the contract by either party does not release the Subscriber from the obligation to pay claims due up to and including the day the subscription ends.
• The Service is provided in digital form and is activated immediately upon payment. A refund is not possible after the service has been activated, except in the following cases:
• technical unavailability of the service for more than 48 hours;
• double or incorrectly executed charging;
• proof of an unauthorised transaction.
• A complaint must be submitted via the email address [email protected] within 8 days of the problem arising. Tobi Media d.o.o. reserves the right to verify the merits of the request before approving a refund. If approved, the refund is made using the same method of payment within 14 days.

5. Rights and Obligations of the Subscriber

By using the service, the Subscriber undertakes to observe the following rules and conditions:

• Accuracy of information: The Subscriber confirms that all data provided upon registration and conclusion of the subscription is true, accurate and complete, and accepts the obligation to update their personal and contact data in a timely manner in the event of changes.
• Payment for the service: The Subscriber will pay the subscription fee for the selected service package in a timely manner and in accordance with the contract, according to the applicable price list of the Provider. Unauthorised avoidance of payment, an attempt to obtain a refund without grounds (chargeback) or other abuse of the payment system constitute a breach of the Terms.
• Permitted use: The Subscriber will use the service exclusively for personal, non-commercial use, in the manner provided for by the Terms and within the limits of the selected package. It is not permitted to forward or enable access to the Service to third parties, to rent out or resell the Service, or to use the Service in a way that would infringe the rights of the Provider or third parties (e.g. public display of content without permission).
• Technical recommendations: The Subscriber is responsible for providing the technical conditions for using the Service (a suitable device, a working internet connection of sufficient speed, up-to-date playback software, etc.). Use of the Service is enabled for a Subscriber who meets the technical requirements and who maintains a stable internet connection of adequate throughput (speed) during use, in accordance with the minimum technical requirements published by the Provider.
• Prohibition of impermissible conduct: The Subscriber undertakes not to use the Platform in an impermissible or unlawful manner. Impermissible conduct by the Subscriber shall be deemed to include in particular (but not exclusively): use of the Service for the purpose of committing or inciting a criminal offence or fraud; posting or distributing via the Platform any unlawful, offensive, threatening, defamatory or pornographic content; infringement of the intellectual property rights of others (e.g. unauthorised recording and sharing of protected video material); violation of privacy or harassment of other persons; as well as any abuse of the Service contrary to mandatory regulations. The Provider reserves the discretionary right to assess whether particular conduct of the Subscriber constitutes a breach of these Terms and/or the law, and to take appropriate measures in accordance with section 4 (termination or suspension).
• Maintaining security: The Subscriber will not attempt to gain unauthorised access to the accounts of others, to circumvent or compromise the security mechanisms of the Platform, or to carry out reverse engineering, decompilation or unauthorised copying of software and content from the Platform. The Subscriber also undertakes not to introduce viruses, malicious code or otherwise endanger the stability of the Platform.

6. Rights and Obligations of the Provider

• Provision of the service: The Provider will endeavour to enable the Subscriber to have continuous and uninterrupted access to the Service, in accordance with these Terms and the description of the subscription packages. The Provider provides technical support to Subscribers through the available channels (telephone, email or other) for questions and problems relating to use of the service.
• Changes to the service: The Provider reserves the right to make changes or improvements to the Platform at any time, including adding or removing certain functionalities or content, in order to improve the user experience or to comply with technical requirements and laws. If such changes materially affect the scope or quality of use of the service during an already paid subscription period, the Subscriber has the right to terminate the contract and request a proportional refund of the fee for the remaining period.
• Monitoring compliance with the Terms: The Provider has the right to monitor use of the Service to the extent necessary to ensure compliance with these Terms and protection of its rights. If abuse or impermissible conduct by the Subscriber is suspected, the Provider may take the measures provided for by the Terms (warning, temporary suspension of the account, permanent termination of the subscription). In doing so, the Provider will act in accordance with applicable regulations and, where necessary, will notify the competent authorities of any unlawful acts of the Subscriber.
• Limitations of liability: The Provider does not guarantee absolute availability or endlessly flawless operation of the service, and occasional interruptions or disturbances caused by technical difficulties, system maintenance or factors beyond the control of the Provider may occur. The Provider is not liable for interruptions or disturbances in the functioning of the Service caused by circumstances it objectively cannot influence, such as general problems in the operation of the global internet network, problems with third-party infrastructure, force majeure, power outages and the like. The Provider is not liable for any damage or loss of data arising through the fault of the Subscriber or as a result of unauthorised use of the Service, nor for damage that the Subscriber causes to third parties through their impermissible conduct. Tobi Media d.o.o. operates as an information society intermediary within the meaning of Articles 16 and 19 of Directive 2000/31/EC and is not liable for content posted by users, but only for its own communication and technical processes. To the extent permitted by law, the Provider will not be liable for indirect or consequential damage, lost profit or similar, arising from the use of or inability to use the Service, unless such damage is caused by intent or gross negligence on the part of the Provider. These Terms do not limit consumer rights guaranteed by law.

7. Privacy and Data Protection

• Collection of data: In the course of providing the Service, the Provider collects and processes certain personal data of the Subscriber which the Subscriber voluntarily submits (e.g. during registration and use of the Platform, when paying the subscription, and similar). That data may include identification and contact information (name, email, telephone, address), account data, as well as information about use of the service (viewing history, device IP address, etc.). By submitting this data, the Subscriber agrees that the Provider may process it for the purpose of performing the contract and providing the Service.
• Protection of privacy: The Provider undertakes to safeguard the privacy of all Subscribers and to collect only the necessary and basic data about users that is relevant to its business and to providing a quality service. All personal data of the Subscriber will be processed lawfully, fairly and transparently, in accordance with applicable personal data protection regulations (e.g. the Personal Data Protection Act of the Republic of Serbia and/or the EU GDPR, where applicable). The Provider applies appropriate technical and organisational protection measures to prevent unauthorised access to or misuse of personal data.
• Use and retention of data: The personal data collected will be used exclusively for the purposes of realising the subscription relationship, providing the requested services (e.g. processing payments, maintaining the user account, personalising content) and communicating with the Subscriber in connection with the service. The Subscriber consents to the Provider occasionally sending them service notifications, technical messages, or informational and promotional material relating to the Service to the contact addresses the Subscriber has provided, whereby the Subscriber may withdraw consent to receiving promotional notifications at any time.
• Confidentiality and sharing of data: The Provider will not transfer, sell, rent or otherwise disclose the personal data of the Subscriber to third parties, except: (a) to authorised partners involved in providing the Service (such as payment processors, cloud IT providers and similar), and only to the extent necessary for the performance of a particular service and subject to an obligation of confidentiality; or (b) on the basis of an explicit legal obligation or an order of a competent authority. All employees and associates of the Provider are obliged to observe the principles of privacy protection and data confidentiality.
• Rights of the Subscriber: The Subscriber has the rights guaranteed by data protection regulations, including the right to request access to their personal data, correction, updating or erasure of data, restriction of processing, objection to processing, as well as the right to data portability, in accordance with statutory conditions. Requests relating to the exercise of these rights may be addressed to the Provider in writing (e.g. via the email address stated in the Contact section). The Provider will respond to such requests within the statutory deadline.
• Privacy Policy: More detailed information on the processing of personal data, such as data retention periods, the use of cookies and similar, is available in the separate document Privacy Policy of the TOOBI platform, which is published on the Provider website and forms an integral part of these Terms of Use. The Subscriber is advised to read the Privacy Policy in order to fully understand how the Provider handles personal data.

8. Changes to the Terms of Use

The Provider reserves the right to amend or supplement these Terms of Use at any time, in particular in order to align them with changes in the law or in its services. In the event of a change to the content of the Terms, the Provider will notify Subscribers in good time before the amended Terms begin to apply, by publishing a notice on the official website of the Platform, by sending an electronic message to Subscribers, or in another appropriate manner. The notice will contain an overview of the most important changes and the date of entry into force of the new terms. If the Subscriber does not agree with the proposed changes to the Terms, they have the right to cancel the subscription and terminate the contract before the date on which the changes begin to apply, with the right to use the Service until the end of the already paid period (or, if the changes materially impair the provision of the service, to request a proportional refund for the remaining period). Continued use of the Service after the amended Terms enter into force shall be deemed acceptance of them by the Subscriber. Otherwise, if the Subscriber does not accept the new terms and notifies the Provider of this before the changes enter into force, their subscription relationship will be terminated upon expiry of the current paid period or earlier, as agreed with the Provider. The valid version of the Terms of Use will always be available on the official website of the TOOBI platform, with the date of the last amendment indicated. The Subscriber is obliged to check the current version of the Terms from time to time in order to be informed of any changes.

9. Governing Law and Dispute Resolution

These Terms are interpreted and applied in accordance with the legal regulations of the Republic of Serbia, unless mandatory regulations of the consumer place of residence provide otherwise for particular aspects of the consumer contract. To the extent permitted, the jurisdiction of the court having subject-matter jurisdiction at the registered office of the Provider is agreed for the resolution of all disputes that may arise from or in connection with this contractual relationship. The contract is interpreted in accordance with the law of the Republic of Serbia, and the court having subject-matter jurisdiction in Belgrade is competent for all disputes. The Subscriber may first address the Provider with any objections or complaints relating to the Service; the Provider undertakes to consider every well-founded objection and to attempt to resolve the dispute amicably. If an amicable solution is not possible, the dispute will be resolved before the competent court, whereby nothing in these Terms affects the rights of consumers to initiate a dispute or to protect their rights before consumer protection authorities in accordance with applicable laws.

10. Final Provisions

Assignment and transfer of the contract: The Subscriber may not transfer or assign their rights or obligations arising from the subscription relationship to another person without the prior written consent of the Provider. The Provider may transfer its rights and obligations to another affiliated company or a legal successor in business, of which it will notify the Subscriber in an appropriate manner, whereby such transfer will not affect the rights of the Subscriber under this contract.

Partial invalidity: If any provision of these Terms proves to be null, unlawful or unenforceable, this will not affect the validity of the remaining provisions. In place of the invalid provision, the mandatory statutory rule or applicable practice that most closely corresponds to the purpose of the invalid provision will apply.

Contact: For all questions, complaints and requests relating to the Service, the Subscriber may contact the Provider through the official channels of communication. Contact details for customer support are available on the website of the TOOBI platform (email address and/or telephone number of the customer support service). The Provider will endeavour to respond to all enquiries as soon as possible.

These General Terms of Use enter into force and begin to apply on 25 September 2025. By using the Service after that date, you confirm that you accept the stated terms.

Nikola Radivojevic, DIRECTOR, Tobi Media d.o.o.
Tobi Media d.o.o., DESANKE MAKSIMOVIC 17, 11050 Belgrade
PIB: 113809141  |  MB: 21928984
Email: [email protected]