Xperi Legal Center

This user agreement governs your use of products and services offered by TiVo Platform Technologies LLC (“TiVo” or “we” or “us”) (including but not limited to TiVo devices, TiVo+, mobile applications, and websites). BY CLICKING ON “I AGREE” OR SIMILAR BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THIS AGREEMENT.

A few things to note:

When we refer to a “TiVo Product” in this policy, we mean any device, software, or website offered by TiVo (including but not limited to TiVo DVRs, the TiVo Mini, the TiVo Stream, the TiVo Stream 4K, TiVo software applications, and TiVo Online (online.tivo.com).
When we refer to a “TiVo Service” in this policy, we mean any service offered by TiVo, including but not limited to “TiVo+” (also known as “TiVo Plus”), that enables you to access certain programming and other content (“Content”) and related third-party applications and services.
When we say “you” in this policy, we mean both you and any other individuals you let use your TiVo Product or TiVo Service.
TiVo Products and TiVo Services provided to you directly by your cable or satellite provider are subject to their terms of use (and not this Agreement).

Accounts

To create an account with us, you must be (1) a resident of the continental United States, Alaska, or Hawaii; (2) the age of majority in your jurisdiction, and (3) creating an account for yourself (and not for a business or entity). You are responsible for all charges on your account, so we suggest picking a strong password and not sharing it with others.

Use of TiVo Products and TiVo Services

TiVo Products and TiVo Services are intended for your personal, non-public, and non-commercial use.

TiVo grants you a personal, non-commercial, and non-exclusive license to (1) access and use our websites, (2) install and use our software applications on devices that you own or control, (3) use software that is embedded in (or downloaded to) TiVo hardware products, and (4) access and use TiVo Services and our other hosted services using authorized TiVo Products.

In addition to any other provisions of this Agreement, TiVo reserves the right to modify or terminate your account, any granted licenses, or access to any TiVo Product or TiVo Service if, in TiVo’s determination, you are violating this agreement or any laws, regulations, or court or governmental orders, or engaging in behavior towards any TiVo customer, employee or other third party that is abusive, harassing, inappropriate, or demeaning as determined by TiVo in its sole discretion.

Features and functionality are subject to change. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by TiVo Products without prior notice to you. We also reserve the right to designate products as End of Life or Maintenance of Life in our sole discretion as described in our TiVo Product Lifecycle and End of Life and Maintenance of Life Notices, which can be found at tivo.com/legal.

Some notes about your use of TiVo Products and TiVo Services:

Some TiVo Products require a subscription to the TiVo service (“TiVo Service Subscription”), see TiVo Service Subscriptions below for details.
Some cable providers do not support CableCARDs, which may be required for TiVo Services. We recommend that you check with your cable provider to confirm your provider supports CableCARDs and TiVo Services before purchasing any TiVo Products or Services.
Our Privacy Policy governs the collection, use and disclosure of your personal information.
We do not endorse or warrant the performance of any third-party applications or advertised third-party products or services that may be accessible through or in included in TiVo Products or TiVo Services.
Your use of third-party applications is subject to the terms of use and privacy policy of the application provider (which we suggest you read).
You are responsible for any charges related to your use of a TiVo Product or TiVo Service (such as charges for broadband Internet, wireless data, or pay-per-view content), so be careful if you give others access to the remote or your account password.
Some TiVo Products have enhanced functionality based upon third-party applications or services which may require a separate subscription payment to a third-party. In some instances, these charges will be managed by TiVo, but your account, account terms and conditions, and disputes related thereto shall be between you and the third-party irrespective of whether TiVo manages the payments on your behalf.

If a TiVo Product or TiVo Service supports voice services, certain compatible voice remotes allow you to use your voice to control functionality (e.g., search for content, switch inputs, launch channels, launch program guide). When you choose to use your voice to use or control a TiVo Product or TiVo Service, you agree that TiVo and third parties who fulfill your requests and/or provide services for TiVo have your consent to record, process, and store your voice inputs (e.g., a recording and the interpretation of what was said), and use such voice inputs with other information about your use of the TiVo Product or TiVo Service (e.g., device identifier) to provide services to you, to improve the accuracy and quality of the TiVo Product or TiVo Service, and as further described in TiVo’s Privacy Policy.

Restrictions

You may have a maximum number of 12 TiVo set-top boxes (DVRs or TiVo Minis) and 10 TiVo soft devices (“TiVo soft devices” are the TiVo Stream 4K or TiVo mobile application per device) on the same tivo.com account.

Some TiVo DVRs may let you stream or download recorded content to your mobile devices. The following restrictions apply to streaming or downloading recorded content from a TiVo DVR:

You may sync a maximum number of 10 mobile devices.
You may only sync mobile devices that you own or control (i.e., no using your neighbor’s iPad).

Due to the copy protection assigned by the content provider, not all recorded content can be downloaded, and some recorded content can only be streamed and/or downloaded while your mobile device is on the same local network as your TiVo DVR. Terms and conditions of any cloud-based DVR services that may be available via third parties (such as your service provider or third-party subscription service) are governed by the terms of service with that provider and not TiVo.

When using TiVo Products and TiVo Services, you agree not to engage in any conduct (except to the extent permitted by applicable law) that:

modifies, deciphers, decompiles, disassembles, or otherwise attempts to reverse engineer or derive the software or source code for any TiVo Product or TiVo Service;
modifies, disassembles, or otherwise tampers with any TiVo hardware; disguises the place of your residence or the location of your use;
attempts to circumvent technological measures or gain unauthorized access through hacking, password mining, or any other means;
modifies, distributes, sells, or shows to the public, for compensation or otherwise, any program recorded, streamed to, or played using any TiVo Products or TiVo Services;
violates the rights of others, including patent, trademark, trade secret, copyright, moral rights or other intellectual property rights, or rights of privacy, publicity, or other proprietary rights, harasses or harms another individual, impersonates any person or entity, or otherwise misrepresents yourself or your affiliation with any person or entity; or is fraudulent, false, misleading or deceptive;
uses technology or other means to access, index, frame, search, or link to a TiVo Product or TiVo Service (including the Content) that is not authorized by TiVo; or to remove, avoid, deactivate, descramble disable, bypass, or circumvent any technological measure implemented by TiVo or any of TiVo’s providers or any other third party (including another user) to protect a TiVo Product or TiVo Service, including without limitation content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of a TiVo Product or TiVo Service;
accesses, tampers with, or uses non-public areas of a TiVo Product or TiVo Service, TiVo’s computer systems, or the technical delivery systems of TiVo’s providers;
involves accessing a TiVo Service (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers”;
uses any meta tags or other hidden text or metadata using a TiVo trademark, logo URL or product name without TiVo’s express written consent;
accesses a TiVo Product or TiVo Service, including without limitation Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;
interferes with the access of any user, host, or network, including, without limitation, by sending a virus, or overloading or flooding a TiVo Service;
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
damages, disables, overburdens, impairs, or gains unauthorized access to a TiVo Service, including TiVo’s servers, computer network, or user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with a TiVo Product or TiVo Service (including the Content);
uses a TiVo Product or TiVo Service to advertise or promote services that are not expressly approved in advance in writing by TiVo;
probes, scans, or tests the vulnerability of any TiVo system or network, or breaches any security or authentication measures;
collects or stores personally identifiable information from a TiVo Product or TiVo Service without TiVo’s authorization;
violates, or encourages conduct that would violate, any applicable law or regulation, or constitute a criminal offense or give rise to civil liability;
violates this Agreement or any guidelines or policies posted by TiVo;
interferes with any other party’s use and enjoyment of a TiVo Product or TiVo Service; or
encourages or enables any other individual to do any of the foregoing or attempts to do any of the foregoing.

TiVo Products or TiVo Services may have features that include geo-fencing or other geographic restrictions on use. You may not attempt to subvert these geographic restrictions.

We have the right to investigate violations of this Agreement or conduct that affects any TiVo Products or TiVo Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

If TiVo determines in its sole discretion that you are violating any term or condition of this Agreement, we may (i) notify you, (ii) use technical measures to block or restrict your access to or use of a TiVo Product or TiVo Service, and/or (iii) use any other available legal or equitable remedy. In any case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the TiVo Product or TiVo Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

TiVo Service Subscriptions

Certain TiVo Products require a TiVo Service Subscription. We currently offer a monthly TiVo Service Subscription plan. A separate TiVo Service Subscription is required for each TiVo Product. Visit tivo.com for current rates and offers.

TiVo reserves the right to discontinue previously offered features or functionality at its sole discretion and without prior notice. TiVo is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any TiVo Product or TiVo Service.
Until you cancel a monthly or annual (or other recurring) TiVo Service Subscription by calling customer service at 1-877-367- 8486 or by visiting tivo.com, your TiVo Service Subscription automatically will renew (on a month-to-month basis for a monthly TiVo Service Subscription, or on a year-to-year basis for an annual TiVo Service Subscription, or such other periodic term as designated in your subscription) at the end of each subscription term, at the same TiVo Service Subscription fee (even if you are not using the TiVo device or it has been lost, sold, or otherwise transferred).
Monthly, annual, or other periodic TiVo Service Subscriptions may not be transferred to another TiVo device or subscriber.
An existing All-In Plan subscription lasts for as long as your TiVo device is operational or until TiVo discontinues support for your device, whichever comes first. You may not transfer your subscription to another TiVo device (except in cases of warranty repair or replacement under applicable warranty terms).
An All-In Plan subscription accompanies the TiVo device in case of ownership transfer.
With an All-In Plan, you receive those TiVo Service Subscription features that we make generally available to all customers who have activated a TiVo Service Subscription for that same TiVo Product, except as otherwise noted by TiVo. You may incur separate charges for certain third-party content, services or applications; these items are not considered part of the TiVo Service Subscription. In addition, TiVo reserves the right to subsequently release, and to charge separate amounts for, new features or functionality that are not made generally available to all customers who have activated a TiVo Service Subscription on a particular TiVo Product.
Although we strive to make the TiVo Service Subscription available as much as possible, there may be periods of downtime (for example, for scheduled maintenance, software updates, or events outside of our reasonable control).

TiVo Stream 4K Service

TiVo Stream 4K service features will include those that we make generally available to all customers who have purchased a TiVo Stream 4K device, except as otherwise noted by TiVo. There is not an ongoing monthly or annual service subscription charge for the TiVo Stream 4K service. However, many of the functionalities of TiVo Stream 4K are based upon third-party subscription services and you will incur separate charges for certain third-party content, services or applications; these items are not considered part of the TiVo Stream 4K service. Even if some of these third-party charges may be managed by TiVo on your behalf, your account, account terms, conditions, and disputes related thereto shall be between you and the third-party and such third-party services are not part of the TiVo Stream 4K service.
TiVo reserves the right to discontinue previously offered features or functionality at its sole discretion and without prior notice. TiVo is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the TiVo Stream 4K product.
Service to TiVo Stream 4K devices is provided at the sole discretion of TiVo. No upgrades are guaranteed as part of the TiVo Stream 4K device. Although we strive to make TiVo Stream 4K service available as much as possible, there may be periods of downtime (for example, for scheduled maintenance, software updates, or events outside of our reasonable control).

TiVo+ Service

Linked Destinations and Advertising Third Party Destinations: TiVo+ (including the Content) may contain links to third-party applications, services or destinations. You will not infer or assume that TiVo endorses, operates, controls, is responsible for or is connected with these or other third-party content, application, services or destinations, even if they link to TiVo+ and even if such applications, services or destinations are operated by a person (including a legal entity) affiliated or otherwise connected with TiVo. TiVo provides these links only as a convenience and is not responsible for the content, products or services on or available from those applications, services or destinations or links displayed on such destinations. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party applications, services or destinations and release TiVo from any responsibility and liability to you for any content or other materials hosted and served from any such applications, services or destinations. This Agreement does not govern your use of any third-party applications, services or destinations.

Optional Offers, Promotions and Features: We may offer or facilitate third-party offers for you to participate in, including special offers such as rebates, coupons or other discount programs, as well as promotions such as contests or sweepstakes on TiVo+ or via third- party platforms. These offers and promotions may require purchases or participation in surveys, and may be subject to separate and additional terms and conditions governing your participation and eligibility for any such programs. TiVo is not responsible or liable for any claims, damages, losses or injuries arising from your interactions with such third parties.

Advertisements: TiVo takes no responsibility for advertisements or any third-party material displayed on TiVo+, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using TiVo+ is between you and the advertiser, and you agree that TiVo is not liable for any loss or claim that you may have against an advertiser.

Age Restrictions: TiVo+ is not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to use TiVo+ without the consent of your parent or guardian, in which case your parent or guardian consents to these terms on your behalf. Access to Content may be restricted due to age appropriateness. Accessing TiVo+ and/or the Content from territories where TiVo does not offer TiVo+ is prohibited.

Suspension/Discontinuation: We may change, suspend, or discontinue — temporarily or permanently — some or all of TiVo+ (including the Content and the devices through which TiVo+ is accessed), with respect to any or all users, at any time without notice. You acknowledge that TiVo may do so in TiVo’s sole discretion. You also agree that TiVo will not be liable to you for any modification, suspension, or discontinuance of TiVo+.

30-day Money-Back Guarantee

We offer a 30-day money-back guarantee on all newly-activated TiVo Service Subscriptions. You may cancel any newly-activated TiVo Service Subscription within 30 days of the activation date, and we will give you a full refund. To start the cancellation process, call customer service at 1-877-367- 8486 or visit tivo.com.

Returns

Products purchased through third-party retailers must be returned to the third party in accordance with their respective returns and refunds policy.

Limited Warranties

TiVo hardware products (including TiVo DVRs, TiVo Stream 4K, and TiVo Mini) are covered by a limited warranty. Details are available at tivo.com/legal. TiVo makes changes to the limited warranty from time to time so you should review the applicable terms on our website before completing your purchase. We do not offer warranties on third-party products sold on tivo.com, you should contact the manufacturer directly to inquire whether they offer any warranty or if you have any questions or concerns.

Payment Terms

When you provide credit card information to us, you represent that you are the authorized user of the card and agree to notify us of any changes to the relevant account number, expiration date, and billing address, or if the card expires or is canceled. You agree that we may receive updated credit card information (such as a new expiration date) from your credit card issuer.

We will charge your credit card on each billing date for your TiVo Service Subscription You hereby authorize us to automatically charge your TiVo Service Subscription fee to your credit card each billing date until you cancel your TiVo Service Subscription by calling customer service at 1-877-367-8486 or by visiting tivo.com. You are responsible for reviewing your credit card statement for billing accuracy. If you believe that there is an inaccuracy, you have 90-days to notify TiVo. If you do not contact TiVo within 90 days of the disputed billing date, TiVo will not be responsible for any billing errors.

Regardless of the type or length of your TiVo Service Subscription, subscription fees paid prior to cancellation are non-refundable in any amount (subject only to our 30-day Money Back Guarantee).

Some notes about payments:

By subscribing to the TiVo Service Subscription, you authorize us to charge the applicable TiVo Service Subscription fees to your credit card on file.
If your credit card reaches its expiration date and you have not updated your payment information with us or cancelled your account, you authorize us to continue billing your credit card and you will remain responsible for any uncollected amounts.
Each charge on the applicable billing date applies to the period immediately following the billing date (so a charge for a monthly TiVo Service Subscription in January is for the TiVo Service Subscription for the month of February).
Service use tax Maybe charged on your TiVo Service Subscription based upon the jurisdiction in which the service is provided.
All prices on tivo.com are listed in U.S. Dollars.

We reserve the right to suspend or terminate your subscription to the TiVo Service Subscription without notice if your credit card is rejected or if your card issuer seeks the return of payments previously made to us. You agree to pay (i) any outstanding balance in full within 30 days of cancellation, and (ii) a late charge on all amounts more than 30 days past due. The late charge will be 1.5% of the past due amount or the highest rate allowed by law (whichever is less) per month. Such rights are in addition to and not in lieu of any other legal right or remedies available to TiVo.

Open Source

Software that we provide to you may include open source code. Acknowledgments, licensing terms and disclaimers are contained in a “System Information,” “Legal,” or similar screen found in the menu of your TiVo Product or TiVo Service, and may also be available at www.tivo.com/legal. To the extent required, the terms of the applicable open source license (rather than the terms of this agreement) will apply to such code. Nothing in this agreement limits your rights under, or grants you rights that supersede, the terms of any applicable open source license.

IP Rights

TiVo, TiVo’s affiliates, and/or TiVo’s licensors exclusively own, control, and retain all right, title, and interest in and to TiVo Products and TiVo Services, including the Content, including all associated intellectual property rights. You acknowledge that TiVo Products and TiVo Services, including without limitation the Content, are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any TiVo Products or TiVo Services, including without limitation the Content.

TiVo, the TiVo logo, the TiVo silhouette logo, www.tivo.com, and other TiVo marks, graphics, logos, scripts and sounds (“TiVo Marks”) are trademarks or registered trademarks of TiVo Brands LLC or its affiliates. You may not copy, download, or exploit any of the TiVo Marks.

TiVo and/or its affiliates hold patents that apply to our products and services. Software that we provide to you is licensed, not sold. This agreement does not provide you with any right or license (whether expressly, by implication, by estoppel, or otherwise) under the intellectual property rights of TiVo (or our licensors) other than to the extent expressly authorized herein. We reserve all rights not expressly granted to you.

Copyright Policy

If you are a copyright owner (or are authorized to act on behalf of the owner of an exclusive right under copyright) and believe that your copyright is being infringed, we will respond to notices of alleged copyright infringement in accordance with Section 512(c)(3) of the Digital Millennium Copyright Act.

A notice of alleged copyright infringement must be a written communication provided to TiVo’s designated agent that includes the following: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf, (2) identification of the copyrighted work claimed to have been infringed, (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, (4) your contact information (including your name, address, telephone number, and email address), (5) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (6) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. It is our policy to terminate a user’s account if, under appropriate circumstances, the user is determined to be a repeat infringer. Our designated copyright agent for notices of alleged copyright infringement is: TiVo Platform Technologies LLC, 2190 Gold Street, San Jose, CA 95002, Attn: Copyright Agent c/o General Counsel, email:DMCARegisteredAgent@tivo.com.

Feedback

If you submit any ideas or materials to us (whether in an email, using a “Contact Us” form, on a user forum, or via any other method), you agree that: (1) they will be non-confidential, (2) TiVo may have something similar already in development or under consideration, (3) TiVo will own them and be free to use them on an unrestricted basis, and (4) if TiVo does not own them, you grant us a perpetual, irrevocable, non-exclusive, sublicensable, transferable, fully paid-up, royalty-free, and worldwide license to implement, use, modify or otherwise commercially exploit them in any way without any payment or accounting to you.

DISCLAIMER OF WARRANTIES

EXCEPT FOR ANY TIVO PRODUCTS OR TIVO SERVICES FOR WHICH WE PROVIDE A WRITTEN WARRANTY (WHICH YOU CAN FIND AT TIVO.COM/LEGAL), WE ARE PROVIDING YOU WITH TIVO’S PRODUCTS AND TIVO SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, AND YOUR USE OF TIVO PRODUCTS AND TIVO SERVICES IS AT YOUR OWN RISK. TO THE GREATEST EXTENT PERMITTED BY LAW, TIVO AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES REGARDING ACCURACY, OPERABILITY, AVAILABILITY, USE, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR USAGE OF TRADE.

LIMITATION OF LIABILITY

TO THE GREATEST EXTENT PERMITTED BY LAW, TIVO AND ITS LICENSORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR: (1) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF TIVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) ANY TIVO PRODUCT OR TIVO SERVICE, OR (2) ANY DIRECT DAMAGES IN EXCESS OF WHAT YOU HAVE PAID TIVO FOR THE TIVO PRODUCT OR TIVO SERVICE AT ISSUE OR $150 U.S. DOLLARS (WHICHEVER IS GREATER). THIS IS INTENDED TO APPLY (AND YOU AGREE THAT IT WILL) EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION

IF YOU HAVE AN ISSUE WITH A TIVO PRODUCT OR TIVO SERVICE, PLEASE CALL CUSTOMER SERVICE AT 1-877-367-8486. IF YOU ARE NOT SATISFIED WITH THE RESULT AND WISH TO SEEK FURTHER ACTION, ALL DISPUTES BETWEEN US SHALL BE RESOLVED IN A STATE OR FEDERAL COURT LOCATED IN SANTA CLARA COUNTY, CALIFORNIA, USA. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING SUCH DISPUTE. YOU MUST SERVE ANY LEGAL COMPLAINT ON TIVO’S DESIGNATED AGENT FOR SERVICE OF PROCESS, WITH A COPY TO DISPUTENOTICE@TIVO.COM.

JURY TRIAL WAIVER: WE EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY SUCH DISPUTE.

TIME LIMIT FOR DISPUTES: WE EACH AGREE (REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY) THAT ANY DISPUTE MUST BE FILED WITHIN 1 YEAR AFTER SUCH DISPUTE AROSE OR ELSE WILL BE FOREVER BARRED.

Governing Law

THIS AGREEMENT IS TO BE GOVERNED IN ALL RESPECTS BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, IN THE UNITED STATES, WITHOUT REGARD TO ANY CONFLICT OF LAW PROVISIONS. This agreement and the rights and obligations of the parties hereunder will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Term and Termination

This agreement applies from the date when you accept it and continues until terminated by either of us. We may suspend your account and/or terminate this agreement (1) immediately for your breach of this agreement, or (2) upon 10 business days’ prior written notice to you, for any other reason. All sections of this agreement that by their nature should continue (such as the “Dispute Resolution” section) will survive termination.

You may cancel your account or a subscription to the TiVo Service Subscription by calling customer service at 1-877-367-8486. Cancellation will not entitle you to any refund (including of any subscription fees) TiVo reserves the right to collect fees, surcharges and costs incurred prior to the cancellation of any account or subscription. You acknowledge that cancelling your account or subscription may cause your TiVo Products or TiVo Services to no longer function.

Changes to this Agreement

We need the flexibility to update this agreement from time to time as our business changes. If we make changes that restrict your rights, we will notify you at least 15 days in advance (to give you time to review the changes and cancel your account if you do not want to be bound by the revised version, although we certainly hope you do not cancel your account). By continuing to use TiVo Products and/or TiVo Services after changes become effective, you agree to be bound by the revised version of this Agreement.

General Legal Terms

Additional Terms: Additional or different terms may apply to certain TiVo Products and/or TiVo Services, and if so, we will ask you to agree to those terms separately.

Assignment: You may not assign or transfer this Agreement (or any of your rights or obligations under this agreement) without TiVo’s prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. TiVo may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

Electronic Communications: You consent to receive communications from TiVo by email and acknowledge that all notices and other communications that TiVo provides to you electronically via email to the address associated with your account will satisfy any legal requirement that such communications be in writing. You also agree and consent to using electronic signatures and/or electronic consent for any agreements, including but not limited to this Agreement, TiVo’s Privacy Policy, or any other agreement or consent between the parties, during your relationship with TiVo.

Export: TiVo Products and TiVo Services are subject to U.S. export control laws and regulations and must be purchased, sold, exported, re-exported, transferred, and used in compliance with such export laws and regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.

Government End-Users: Any TiVo software and related documentation are “Commercial Items,” as that term is deﬁned at 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users (1) only as Commercial Items, and (2) with only those rights as are granted to all other end users pursuant to this agreement.

Notices: All notices from you to TiVo must be sent via certified mail to TiVo Platform Technologies LLC, 2190 Gold Street, San Jose, CA 95002, Attn: Legal Department, with a copy to disputenotice@tivo.com, and will be deemed given on receipt by TiVo. All notices from TiVo to you will be sent via email to the address associated with your account and will be deemed given when sent.

Third-Party Beneficiaries: This agreement does not confer any third-party beneficiary rights (except with respect to Apple, as described below).

Waiver: No waiver of any term or breach of this Agreement will constitute a waiver of any other term or breach.

Severability: If any provision of this Agreement is found to be unenforceable, such unenforceability will not render this agreement unenforceable and, in such event, such provision is to be changed and interpreted so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.

Additional Apple Terms

You may use TiVo applications on your Apple-branded iOS products only as permitted by this Agreement and any applicable Apple terms of use. We each acknowledge that: (1) this Agreement is between you and TiVo only, and not with Apple, (2) TiVo is solely responsible for TiVo iOS applications, (3) Apple has no obligation to furnish any maintenance and support services with respect to TiVo iOS applications, and (4) Apple and its subsidiaries are third-party beneficiaries of this Agreement, with the right to enforce this Agreement against you as a third-party beneficiary.

TiVo Privacy Policy

Version

Effective October 10th 2023

Download

TiVo Privacy Policy

Last updated: October 10, 2023

When using our products or services or interacting with TiVo Platform Technologies LLC or any of our affiliates (collectively, “TiVo,” "Xperi," “we,” “our”, or “us”) that link to this “Privacy Policy,” we ‘process’ (i.e. the collection, transfer, storage, processing, disclosure and use) certain information as described in this Privacy Policy. This includes the processing of certain personal information. In this Privacy Policy, we use the terms "Personal Information" and “Personal Data” (with or without capitalization) to mean information that identifies or can reasonably be used to identify an individual or household and includes the terms "personal information", "personal data" and similar terms, as the privacy laws that apply to us define these terms.

This privacy policy describes how we collect and process information, including personal information, that we use to provide you with TiVo products and services, manage your accounts with us, notify you of changes to our policies or products, notify you of offers that may interest you, process your orders, assist you in purchasing TiVo products or services, activate and renew your subscriptions, identify or troubleshoot issues, conduct surveys, improve the products and services we provide to you, market and advertise our products and services including providing advertising to you, and otherwise operate our business. Your rights to your Personal Information and its collection and use are outlined in this policy.

If you have a disability and need this policy provided to you in a different format, please email privacyrequest@xperi.com or call customer support at 1-877-367-8486.

Exceptions – Where this Privacy Policy is not Applicable:

Residents of the European Economic Area, the European Union and the United Kingdom

Please refer to our specific Privacy Policy for Residents of the European Economic Area.

TMDB

themoviedb.org has its own Privacy Policy available https://www.themoviedb.org/privacy-policy.

Third Parties

This Privacy Policy does not apply to any third-party applications or software that integrate with TiVo products or services, or any other third party products, services, or businesses. TiVo products or services provided to you directly by your cable or satellite provider are subject to their privacy policy (and not this Privacy Policy). Additionally, separate agreements will govern the delivery, access and use of TiVo products and/or services as specified for such products (such as the terms of service governing the delivery of the TiVo service, the “TiVo User Agreement”).

NOTICE AND CONSENT:

BY ACCEPTING THIS PRIVACY POLICY, USING TIVO PRODUCTS OR SERVICES, AND PROVIDING YOUR INFORMATION TO TIVO, YOU EXPRESSLY AUTHORIZE TIVO TO USE AND SHARE YOUR INFORMATION WITH OTHER AFFILIATES OF TIVO, AS WELL AS CERTAIN TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS WHICH MAY BE LOCATED OUTSIDE OF THE COUNTRY OF YOUR RESIDENCE (INCLUDING COUNTRIES WHICH DO NOT PROVIDE THE SAME LEVEL OF PROTECTION FOR THE PROCESSING OF PERSONAL INFORMATION AS THE COUNTRY OF YOUR RESIDENCE). YOU ACKNOWLEDGE AND AGREE TO THE IMPORTANCE OF SHARING YOUR INFORMATION WITH TIVO AND AS DISCLOSED IN THIS PRIVACY POLICY FOR THE PROVISION OF THE TIVO PRODUCTS AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO THE USES OF YOUR INFORMATION AS DISCLOSED IN THIS PRIVACY POLICY IS GIVEN FOR THE DURATION OF YOUR RELATIONSHIP WITH TIVO AND THAT THE REVOCATION OF YOUR CONSENT MAY AFFECT YOUR ABILITY TO USE TIVO PRODUCTS AND SERVICES.

Information We Collect Automatically.

The following types of information may be collected automatically by TiVo, including in the last 12 months:

TiVo Product and Services and Your Personal Information. When you use or interact with TiVo products or services, we may use a variety of technologies that collect information about how you access and use our product(s) or service(s). This information may include:
your type of subscription;
your interactions with TiVo products or services (such as how you use, watch, record, rate and interact with content);
TiVo product data (such as model number, software versions, and unique product identifiers);
location data (such as GPS data, zip code, and time zone);
cable service data (such as cable provider and cable channels);
Personal Information that may directly identify you (such as your name, address, financial information or other identifying information);
Personal Information that may indirectly identify you (such as URL information, cookie data, and your IP address or MAC address);
data that may not directly identify you but is collected as you use our products and services, which may include network connection type and provider, and information related to searches or recommendations on TiVo’s products and services;
functional data such as registration, system and performance data;
audio data (if you enable or utilize voice control functionality); and
motion-generated or orientation-generated mobile sensor data (e.g. accelerometer or gyroscope).

TiVo Account Data

When you sign up for a TiVo provided service or activate a TiVo product, you create a user profile that includes the following information: your name, street address, city, state, zip code, email address(s), phone number(s) including mobile, your credit card information (although we use secure tokens to reduce risk and cannot see your entire card number). In order to process payments for Third Party Applications (e.g., Prime Video, Hulu, Google Play Store), we may share this information with third parties as requested by you consenting to purchase and use such Third-Party Applications. We may also provide this information to service providers as necessary to provide you with TiVo services.

TiVo Product Data

When you activate a TiVo product, we will also process and store your IP and MAC addresses for your home and product which allow us to send information to your TiVo product and provide you with TiVo services including in some cases advertising. This information may be provided to service providers to provide you with TiVo services.

Voice

When you activate a TiVo voice-activated remote control, we will also collect and process your voice recordings only when you are holding down the voice activation button on the TiVo Remote Control. This voice recording is then processed into text by us and/or our trusted service provider(s) and processed and analyzed by TiVo to provide you with the proper search results, suggestions, and other personalization.

Third Party Application Data

You may integrate your TiVo account with certain third-party applications, websites, products or services (“Third-Party Applications”). These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. In order to enable this functionality, you will be prompted to allow such Third-Party Applications to connect with your TiVo product or account. Once you have enabled this functionality, TiVo will collect, process, and share data with the Third-Party Application that you have authorized. If you enable your TiVo account with any Third-Party Applications, we may receive information related to your interactions with TiVo products or services through the Third-Party Application, as well as information about your publicly available activity on the Third-Party Application or information you have consented for the Third-Party Application to share with TiVo. If you wish to stop the collection or sharing of information with the specific Third-Party Application you have authorized, you need to disable the feature or cancel your applicable subscription or manage your account for the Third-Party Application. TiVo does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications.

Information we collect from your account on a Third-Party Application with your consent may include data about you and your friends from that service (such as what you or they have liked or shared). We may use cookies and other technologies to collect this information; you can learn more about such use in the Cookies and Similar Technologies section of this Privacy Policy.

Functional Data

Certain categories of data collected by TiVo are necessary for your TiVo product or the TiVo service to perform its functions and you will not be able to opt out from this data collection, sharing and/or processing and continue to receive the TiVo Service. Data falling into these categories is referred to as “Functional Data” and includes certain Personal Information.

TiVo Mobile Applications

If you download or use our mobile applications(s), we may collect (either through your mobile device or the application itself), your email address, your username, your mobile device identifier, hardware model, operating system version or mobile network information (as well as any additional registration data you provide to us). We may collect geolocation information and language preferences, which may be used for operational and product or service-related purposes, such as to customize information based on your location. We may also collect data related to your interaction with our mobile applications, crash data, performance data and other diagnostic data.

Payment Data

If you subscribe to the TiVo service or make other purchases through a TiVo product, TiVo service, or through a TiVo sales specialist, your credit or debit card information (such as card type and expiration date) will be processed by a third party payment processor and TiVo retains a token along with limited card information that allows us to charge you your subscription fees, or retain your information for future purchasing, processing credits, and verifying your identity. We share your payment information, including your credit or debit card number, card expiration date, CVV code and billing address with payment service providers to process payments, prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of payment.

Customer Support Correspondence

Except as provided herein, when you contact (including, but not limited to, telephone, email, or social media channels) our customer support team, we will collect and store the contact information you give them, information about your TiVo product or use of TiVo products or services. We will also store the communications you have with the customer support team and any information in those communications in order to provide support and improve the products or services.

Sweepstakes, Contests & Surveys

From time to time, we may offer you the opportunity to participate in promotions such as sweepstakes, contests, offers, and/or surveys (“Promotional Offers”). A Promotional Offer may be governed by a privacy policy and/or terms and conditions that supplement or differ from this Privacy Policy. If the provisions of the Promotional Offer’s privacy policy or terms and conditions conflict with this Privacy Policy or the relevant user agreement or terms of service for the TiVo product or service that is offering the Promotional Offer, those supplemental or different provisions shall prevail.

TiVo+ and Advertising Service Providers

Your TiVo product data and, in some instances, your TiVo Account data may be disclosed to, shared with or sold to service providers who assist TiVo in providing advertising content. This data may include the date and time of content and ads shown, the advertising that was shown to the consumer, your device or mobile advertising id, your IP address and your interactions with the content and ads.

Service Providers, Advertisers, and Partners

We may also receive information about you from our service providers and partners, which we use to personalize your experience with the TiVo service or use of TiVo products. Advertisers may share with us information relating to the advertisements that they serve you including, without limitation, date and time of ad shown, the advertising that was shown to the user, your IP address, and your interactions with such advertisements. These Third-Party advertising companies and partners may use cookies, web beacons, pixels, ad tags, clear GIFs and similar technologies, as well as anonymous information about your visits to TiVo’s websites and other websites to measure and improve the effectiveness of their ads, promotions, products and services. In some instances, we provide or sell hashed anonymized user data to advertisers and service providers to assist us in marketing products and services. We use anonymous identifiers and household level matching in most instances to receive and match this information.

User Forums

You may be able to post your Personal Information (including, e.g., profile information) on areas of a TiVo product or service that may be viewed by other users or the public. You acknowledge and consent that TiVo may make public any information, including Personal Information, that you post to areas that may be viewed by other users or the public and that we may display this content on any of the TiVo products or services and further distribute it to a wider audience through Third Party Applications.

Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on any of the TiVo products or services or that you give to other TiVo users. You are discouraged from publicly posting your full name, telephone numbers, street addresses or other information that identifies you or allows strangers to find you or steal your identity. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled.

YOU ASSUME ALL RISKS ASSOCIATED WITH INTERACTING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH TIVO PRODUCTS AND SERVICES OR ANY THIRD-PARTY APPLICATIONS. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING TIVO’S PRODUCTS AND SERVICES.

How We Use the Information We Collect

Consistent with the permissions you give us to collect your Personal Information, we may also use, and have used such data, including in the past 12 months, in the following ways:

to provide you with access to the TiVo products and services;
to provide you with a more personalized experience when using TiVo products and services, and improve your experience with the products, services, and advertising (including third party products and services) made available in or outside the TiVo product or service, for example by providing customized, personalized, or localized content, recommendations, features, and advertising;
to provide you advertising in your TiVo products and/or services which includes sharing and selling sufficient data to our service providers and Third-Parties to serve you the advertising on your device or service.
to analyze your viewing habits;
to analyze your usage of TiVo product and service features;
to help ensure technical functionality of the TiVo products and services,
to help develop new products and services;
to combine information, we collect from your use of different TiVo products or services (for example, to allow us to make it possible for you to start a show in one room and finish it in another);
to communicate with you for TiVo product or service-related (or research) purposes including via emails, notifications, or other messages, which you agree to receive;
to communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with permissions that you have agreed to.
to enable and promote TiVo products and services and other services or products, either within or outside the TiVo products and services including via service providers, including features and content of the TiVo products and services and products or services made available through the TiVo products or services;
to process your payment or prevent or detect fraud;
to enforce this Privacy Policy, terms of service related to a TiVo product or service that you are utilizing (including, but not limited to, the TiVo User Agreement), and any other terms that you have agreed to, including to protect the rights, property or safety of TiVo and its affiliates, its users, or any other person, or the copyright-protected content of, or on, a TiVo product or service;
to provide you with features, information, support, advertising, or other content including content which is determined by your location; and
as otherwise stated in this Privacy Policy.

How We Share Your Information

TiVo may disclose and share, including sale of, and has done so in the past 12 months, your Personal Information in the following ways:

User Consent or Direction

We may disclose or share, including sale, your Personal Information with your permission or at your direction (e.g., when you authorize a Third-Party Application to access your account). Based on your permissions, Personal Information may be shared with others through Third Party Applications. If you connect your TiVo account to a Third-Party Application, TiVo may automatically share your activity and actions-relation to a TiVo product or service with that Third Party Application, including the content you view.

You understand and agree that a Third-Party Application’s use of information collected from you (or as authorized by you) is governed by the Third-Party Application’s privacy policy and your account or use settings with the Third-Party Application.

You also have the right to decide if you want your viewing data tracked within your TiVo product use, if you would like a “do not track” flag to be placed on your device so that your device and Personal Information is not to be used for personalized advertisement or analysis by service providers, and you also have the right at your discretion to reset your mobile and device advertising IDs which can help reduce the amount of data that can be collected on you. You can set your Viewership Data Sharing preferences in the My Account section as depicted below:

Marketing and Advertising

Where permitted by applicable law, we provide advertising companies and other business associates with Personal Information, as well as other information that does not directly identify you. The Third-Party advertisers and business associates may use that information in combination with other data that may or may not be related to you in order to assist in targeting advertising, promotions, products, or services. We also provide our service providers with information which allows them to serve you advertisements. In some instances, this may be an advertisement tailored based upon your household information.

When you activate a TiVo device, the device default setting is opted-in for targeted ads and personalization based upon your interests and data collection from your usage of the TiVo products. You have a right to opt out of these targeted ads and personalization and remove your consent for such personalization. You can update this preference in your TiVo My Account under the Limit Ad Tracking menu as depicted in Figure 1 below. You also may opt out of marketing email communications from TiVo as depicted in Figure 2 depicted below.

Figure 1

Figure 2

Service Providers and Third Parties

We engage service providers to perform functions and provide services to us in the United States and other countries. We use a variety of service providers to help TiVo provide its products and services and to help us understand and improve the use of TiVo products and services. We may share or sell your Personal Information to such service providers subject to obligations consistent with this Privacy Policy and applicable law.

Law and Harm

Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our or our users’ rights or property (where permitted by law). The foregoing notwithstanding, nothing in this Privacy Policy is intended to limit any legal defenses or objection that you may be entitled to raise to a third party’s, including a government’s, request to disclose your information.

Business Transfers and Affiliates

In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. We may also disclose information about you to our corporate affiliates in order to help provide, understand, and improve our and our affiliates’ products and services.

Non-Personal, De-Identified, or Product-Level Information

We may create non-personal, de-identified, or product level records (“De-Identified Data”) from Personal Information by excluding information (such as your name) that makes the data identifiable to you. Once we create De-Identified Data, this De-Identified Data is our property. We use this De-Identified Data in many ways including analyzing request and usage patterns, creating reports and performing analytics so that we may enhance the content of our products and services (or those of a third party), improve navigation, and provide meaningful analysis of habits, usage, trends, and effectiveness of marketing campaigns etc. as part of our analytics and other services. We reserve the right to use, disclose, share, and sell De-Identified Data to third parties in our absolute discretion.

How to Access, Update and Manage Your Information

Depending on the country, state, or region in which you are located, you may have the right to access your personal information. If you are a registered user of TiVo products or services, we provide you with tools and account settings to access, correct, delete, or modify the information you provided to us and associated with your account. You can access, update, and correct or delete inaccuracies by logging into your account for the particular TiVo product or service. For example, to update or manage your information related to a TiVo DVR product or the TiVo online service you may visit tivo.com.

CERTAIN CATEGORIES OF THE DATA THAT WE COLLECT, REFERRED TO AS FUNCTIONAL DATA, ARE NECESSARY FOR YOUR TIVO PRODUCT TO PERFORM ITS BASIC FUNCTIONS SECURELY AND YOU WILL NOT BE ABLE TO OPT OUT OF THE COLLECTION OF THIS FUNCTIONAL DATA AND ITS USE TO PROVIDE PRODUCT FUNCTIONALITY.

If you have questions about your privacy on TiVo products or services, this privacy policy, or information we have about you, please contact us at privacyrequest@xperi.com. You can also contact our privacy representative by sending a letter to TiVo, Attn: Privacy Officer, Legal Department, 2190 Gold Street, San Jose, CA 95002, United States. We will respond to your request in a reasonable period of time upon verification of your identity. We recommend you include documents that prove your identity and a clear and precise description of the information which you request access.

Opting Out of Personalization and Certain Disclosures and Uses

TiVo allows you to manage many settings within your My Account section of the TiVo website. Log into your account and go to Privacy Status to change your preferences.

TiVo Products such as TiVo DVRs and Minis

You may opt out of having your viewing logs used in TiVo’s analytics business or sharing that de-identified information collected after such opt-out with third parties by logging into My Account and changing your settings under Privacy Status. Please note that the viewing logs are Functional Data, therefore while the data will not be used for analytics or may be shared in a de-identified format with third parties, it will still be collected and processed as necessary to continue providing you with the TiVo service.

You can also cancel your TiVo account which will stop all data collection on the device. Cancelling the TiVo service will stop your TiVo product from functioning. To manage your account and services, log into My Account and go to Devices and Services. TiVo may, at its option, delete all information for any cancelled accounts. To reactivate your TiVo account, you should contact TiVo Customer Support; however, if account information was deleted, reactivating an account may not be possible and a new account would need to be created. We reserve the right (subject to applicable law) to decline requests that are impractical or may jeopardize the privacy of others. In any event, certain legal or regulatory requirements may require that some of your data to be retained.

TiVo Mobile Apps

If you do not want us to collect location data from a TiVo mobile app or TiVo+, you can disable location services on your mobile device. If you do not want any data shared by the mobile app, please delete the app from your mobile device. You can also re-set your mobile advertising ID on your phone which may also reduce the ability of third parties unaffiliated with TiVo from tracking your use of the TiVo mobile app or TiVo+.

Right to Opt Out of Disclosures to Certain Unaffiliated Third Parties and Information Use for Purposes Other Than Those for Which the Information Was Originally Provided

Depending on applicable law and the jurisdiction in which you reside or are located, you may have the right to opt out of (a) disclosures of personal information to an unaffiliated third party who does not serve as our agent or service provider, if any, or (b) use of personal information for a purpose other than the purpose for which it was originally collected or subsequently authorized if any such use occurs.

Marketing Emails

If you do not want to receive marketing emails from us, you can change your email preferences by logging into your account on tivo.com or clicking on the included “unsubscribe” link (though you will still receive certain account-related emails). We will send you marketing emails only where we are permitted to do so by applicable law. You can manage your communications in My Account as depicted below.

A screenshot of a phoneDescription automatically generated

CCPA Personal Information

California Consumers have the right under the California Consumer Privacy Act “CCPA” to the Right to Know your data, this includes both a list of all the classes of data we have related to you, as well as individual attributes. You have the right to delete your Personal Information, the right to opt out of the sale of your Personal Information and you have the right to not be discriminated against for exercising any of these rights. Here at TiVo we feel strongly that you will not experience any discrimination for your exercising your rights and we will never treat you differently for changing your privacy status.

Sale of Personal Information

TiVo shares your Personal Information with service providers who help us run our business and provide you with products and services. Additionally, we sell Personal Information, as well as De-Identified Data to trusted third party advertising partners and marketplaces. The types of Personal Information we share or sell to third parties may include:

IP addresses
Viewership data anonymized by household
Audio data (anonymized voice recordings)

Opting Out of Sale of Personal Information

We allow you to opt out of sharing and selling of your data. We allow you to change these settings in the following ways:

by accessing your Privacy Status in your Manage My Account;
by visiting https://xperi.com/data-privacy-consumer-rights-request/or
by calling customer support at 1-877-367-8486 for assistance with your opt out settings.

Your Right to Know

TiVo collects a variety of Personal Information that we use to provide you with products and services and to improve the same, to make customized suggestions and product and service offerings to you, and to connect you with trusted third parties.

TiVo collects the below-listed types of Personal Information of its consumers when you initiate your tivo.com account, update your account information, interface with us at trade shows or other marketing events, during the course of your time as a consumer, when you are interested in products or services, and when using the products or services. TiVo sends this data to the following types of service providers – credit card processors to help us charge you for your products, data analytics companies to help us understand our data and our customers, software tools that help us view and use customer data, financial services software companies to help us process and manage payments, service support companies to help us provide customer service, data storage companies who securely store and manage your data on our behalf, third party application providers with your consent to bill you for services or add-ons, and shipping companies to help us send you products. We send this data to service providers who are contractually obligated to use this data only for the purposes outlined in our commercial agreements. We also send this data to third parties who may use this data to match and provide you with advertising while using our TiVo devices and services.

Identifiers
Information in Customer Records
Commercial Purchasing Information
Demographic Information
Internet or Network Activity
Inferences from Above Used to Profile – including your TiVo product browsing history, recording the shows watched, and recorded.

TiVo collects the information listed below from either the consumer’s ISP provider, cable provider, device, or other internet related source when a customer’s TiVo device is used. If you are using a mobile device, this could also be from a cellular phone provider. TiVo uses this information to receive and send data, services, advertising, and programming to and from your TiVo device. TiVo sends this data to the following types of service providers - data analytics companies to help us understand our data and our customers, software tools that help us view and use our customer data, service support companies to help us provide excellent customer service, data storage companies who securely store and manage your data on our behalf, application providers with your consent to bill you for services or add-ons. We send this data to service providers who are contractually obligated to use this data only for the purpose outlined in our commercial agreements. TiVo has processed your Personal Information in the same way for the preceding 12 months.

Geolocation Data
Unique Identifiers

TiVo may collect some biometric information (e.g., voice data that is recorded when depressing the button on TiVo Voice Enabled remote controls) from you when you use the voice search on a voice-enabled TiVo remote control. This information is used to communicate with third parties who process and interpret the voice recordings. This data also allows us to establish your location for sending you appropriate content and to locate your device. TiVo sends this data to the following types of service providers - data analytics companies to help us understand our data and our customers, software tools that help us view and use our customer data, service support companies to help us provide customer service, data storage companies who securely store and manage your data on our behalf.

How to Request your Data under the Right to Know

If you wish to receive information about what Personal Information we retain about you, please visit https://xperi.com/data-privacy-consumer-rights-request/ or email your request to privacyrequest@xperi.com. In the event you would like specific pieces of information provided to you, please specify which information categories you would like provided and we will be happy to assist you. TiVo will provide you with information for the preceding 12 months as required by law.

How to Request Deletion of your Data

If you wish to have your Personal Information deleted from TiVo’s records, please visit https://xperi.com/data-privacy-consumer-rights-request/ or email your request to privacyrequest@xperi.com. You have the right to delete your data, however in order to provide you with TiVo products and services, Functional Data cannot be deleted. Therefore, if you wish to have your Personal Information deleted from TiVo’s records in its entirety, you will need to no longer be an active TiVo customer. Once your Personal Information is deleted from TiVo, you cannot re-activate a subscription or account associated with that information and you would need to set up a new account and agree to the terms conditions and this privacy policy. In any event, certain legal or regulatory requirements may require that some of your data to be retained. If you have questions about the process of requesting deletion, please see the section “Process for Right to Know and Deletion Requests” below.

Process for Right to Know and Deletion Requests

As we will need to verify your identity to fulfill these requests, please either call customer support to verify this information over the phone or send an email and we will attempt to verify your identity via encrypted email. After we are able to verify your identity, we will respond to your request as quickly as possible and generally within 45 days in some cases it may take up to 90 days. It is most helpful if you can provide the TiVo Service Number(s) associated with your device(s). You will receive a confirmation by email of either the completion of your request or a return response with your requested data. If we are unable to verify your identity, we will not be able to process your request for information or deletion. If you have issues or concerns, please feel free to contact us. In the event you would like to opt out of the collection of certain information, please see the Opting Out of Personalization section above or refer to the privacy section of the Manage My Account tab on tivo.com. If you are unable to make a request directly (or in the case of death of the consumer), you may legally designate an agent by providing a notarized authorization, power of attorney or other legally binding designation of assignment of rights. Please provide proof of this agency along with your request and we will process your request as quickly as possible.

Shine the Light

Customers who are residents of California may request information: a list of categories of Personal Information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes, and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise this request, please contact us at privacyrequest@xperi.com. Requests must include “California Shine the Light” in the first line description of the email and include your name, street address, city, state, and zip code. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once in a calendar year.

Cookies and Similar Technologies

When you visit TiVo websites, we and our advertising partners may store and access information from your device, using cookies, web beacons, pixels, add tags or other clear GIFs and similar technologies, and browser details. We may collect information such as your browser type, the type of operating system you use, the domain name of your Internet service provider, IP address, pages visited on the site, services used and how you have used them. We and our advertising partners do this for a variety of purposes. In the case of our advertising partners, this may include the personalization of advertisements based on your visits to sites in that party’s network.

Please note there is currently no accepted standard to respond to Do Not Track signals and that at least some of the TiVo websites do not currently respond to a web browser’s Do Not Track instructions (i.e., “signal”). More information about Do Not Track can be found here. Additionally, we may use Google analytics. Google analytics manages ‘Do Not Track’ instructions from your browser in accordance with its own privacy policies, at http://www.google.com/intl/en/policies/privacy/.

Another example of how we use cookies might be to track the effectiveness of our marketing and advertising campaigns and to show you TiVo ads on other websites after you have visited our website. Please note: if you continue to use this website, or any other TiVo website, you are consenting to our use of cookies. Information about our use of cookies is contained in our Cookie Policy at https://www.tivo.com/legal/cookies.

Interest-Based Advertising and Analytics

We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on our behalf and others’ on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information that Advertising Providers collect about your use of the Site and other sites or apps over time, including information about relationships among different browsers and products. This type of advertising is known as interest-based advertising.

We adhere to the Digital Advertising Alliance ("DAA") Self-Regulatory Principles in connection with this interest-based advertising activity. You may visit www.aboutads.info to learn more about this type of advertising and how to opt out of this advertising on websites by companies participating in the DAA self-regulatory program. For Canada please visithttps://youradchoices.ca. If you delete your cookies or use a different browser or mobile product, you may need to renew your opt-out choices exercised through the DAA tool. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, our Site may not function as intended.

We may also work with third parties that collect data about your use of the Site and other sites or apps over time for non-advertising purposes. We use Google Analytics and other third-party services to improve the performance of the Site and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use our website, visit www.google.com/policies/privacy/partners/, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout/.

Transfer to Other Countries

TiVo transfers, processes, and stores information about our users on servers located in a number of countries. Accordingly, some of your Personal Information may be used by us and our affiliates, subsidiaries and our suppliers who may be located in countries outside the country where you are located for the purposes outlined in this policy. The data protection laws in these countries may not offer the same level of protection as those in the country where you are located. For example, information collected within the European Economic Area (EEA) may be transferred and processed by third parties, located in a country outside of the EEA, where you may have fewer legal rights in relation to your information. By providing your Personal Information to us you understand and expressly consent to TiVo and its business associates and suppliers processing your data in any jurisdiction, including without limitation the United States of America, in accordance with this privacy policy.

Individuals in other countries may have certain statutory rights in relation to their Personal Information. Subject to any exemptions provided by law, you may have the right to request access, seek to update, delete or correct this Personal Information.

Residents of the EEA, the EU, and the UK, please refer to TiVo’s Privacy Policy for Residents of the EEA for TiVo’s policy related to the collection and use of data.

E.U.-U.S. Specific Information

When TiVo transfers your Personal Information to recipients in other countries, we will protect that Personal Information as described in this Privacy Policy, our EEA Privacy Policy, and in our other policies and procedures. If you are located in the European Union (“EU”), the European Economic Area (“EEA”), or the United Kingdom (“UK”), or we otherwise receive your Personal Information in the U.S. from those jurisdictions for the purposes described in this Privacy Policy, TiVo relies on the legal mechanisms of the European Commission-approved Standard Contractual Clauses, the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) (if and where applicable) or your consent (in limited circumstances) to secure the transfer of your Personal Information from these areas to a non-affiliated country.

EU-U.S. DPF Information for Xperi Inc.:

EU-U.S. DPF Principles

Xperi complies with and certifies to the EU-U.S. DPF as set forth by the U.S. Department of Commerce. Xperi has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. The following Xperi affiliates and subsidiaries participate with the EU-U.S. DPF:

Vewd Software USA, LLC	Rovi Product Corporation
Xperi Inc.	DTS, Inc.
Perceive Corporation	Veveo, LLC
Rovi Data Solutions LLC	TiVo Research and Analytics, Inc.
FotoNation Corporation	Phorus, Inc.
DigitalSmiths Corporation	TiVo Platform Technologies, LLC

If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the EU-U.S. Principles shall govern. To learn more about the EU-U.S. DPF program, and to view our certification, please visit https://www.dataprivacyframework.gov/. Xperi is committed to subjecting all personal data received from the European Economic Area to the EU-U.S. DPF Principles.

In compliance with the EU-U.S. DPF Principles, Xperi commits to resolve EU-U.S. DPF Principles-related complaints about our collection and use of personal data. EU individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF transferred to Xperi should first contact Xperi at: dataprotectionofficer@xperi.com; privacyrequest@xperi.com

Xperi Inc.

2190 Gold Street

San Jose, CA 95002

In the European Union:

DTS International Services GmbH

Maximiliansplatz 22

80333 Munich

Germany

Xperi has further committed to refer unresolved DPF Principles-related complaints to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit www.bbbprograms.org/dpf-complaints. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you.

If other redress methods for resolution of complaints relating to personal data transferred under the EU-U.S DPF fail, in limited circumstances, you may be able to invoke a binding arbitration. . See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584 for additional description of the conditions under which you may invoke binding arbitration.

The Federal Trade Commission has jurisdiction over Xperi’s compliance with the EU-U.S. DPF. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Onward Transfer

Since we share personal data with vendors and/or third parties (“Processors”) as specified above, we comply with the notice and choice principles as outlined in this Privacy Policy. We take reasonable steps designed to confirm that the vendor and/or third party processes the personal data we transfer to it in a manner consistent with the obligations we have as a participant under the EU-U.S. DPF Principles.

When we use Processors to perform processing tasks at our direction and instruction, we require that the processors utilize one of the following:

Certification to the EU-U.S. DPF or another adequacy finding (when the Processor is outside of the EU); or
Enter into a contractual agreement requiring that the Processor use the Personal Data for the limited, contractual purpose and provide the same level of data protection as Xperi to the personal data.

In cases of onward transfer to Processors, we may be liable for damages under certain circumstances.

Children

The TiVo products and services are not directed to children under the age of 16 and we do not knowingly collect Personal Information from children under 16. If we learn that we have inadvertently gathered Personal Information from a child under 16, we will take reasonable measures to remove that information from our records. If you are a parent of a child under age 16 and become aware that your child has provided Personal Information to TiVo, please contact us at privacyrequest@xperi.com and you may request to exercise your applicable access, rectification, cancellation, and/or objection rights. If you are a California resident under the age of 18 and you wish to remove publicly available content, please contact us at privacyrequest@xperi.com.

How Long We Keep Your Information

How long we retain your information, including voice data, depends on why we collected it and how we use it. We will not retain your Personal Information for longer than is necessary for our business purposes or for legal requirements. When no longer required, we will destroy, erase or de-identify the information. Legal requirements may necessitate that we retain some or all of the Personal Information we hold for a period of time that is longer than we might otherwise hold it. You may ask that your Personal Information be deleted (see Deleting your Data above).

Security of Your Information

We use commercially reasonable efforts to safeguard the confidentiality of Personal Information, including appropriate technological, organizational and physical safeguards. We store Personal Information in electronic and physical files that are secure, and our security measures include secure on-site and off-site storage. We conduct audits and monitor compliance with our privacy practices.

However, due to the design of the Internet, ever-changing technology and other factors outside of our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties or that we will not be subject to security breaches. We will have no liability for disclosure of Personal Information due to errors in transmission or unauthorized or unlawful acts of third parties.

You are responsible for the security of your username, ID and password for any of the TiVo products and services. Please take care when using and storing them.

Changes to the Privacy Policy

We may update this policy from time to time. We will notify you of any changes by posting the new policy online on this page, and if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). It is your responsibility to read this Privacy Policy carefully and review any changes that may have been made. Because changes will be posted on this page, we encourage you to check this page regularly.

Questions

If you have any questions about this policy, please send an email to privacyrequest@xperi.com, or send a letter to TiVo Attn: Privacy Officer, Legal Department, 2190 Gold Street, San Jose, CA 95002-2160. For CCPA related requests, please email privacyrequest@xperi.com or call customer support at 1-877-367-8486.

	User Agreement	*updated* User Agreement - in effect on May 18, 2018
	Privacy Policy	*updated* Privacy Policy - in effect on May 18, 2018

Rovi Data Solutions LLC 2190 Gold Street San Jose, CA 95002 Attn: General Counsel E-mail: legalnotices@tivo.com	With Copy To: Rovi Data Solutions LLC 5220 Las Virgenes Road Calabasas, CA 91302 Attn: Legal

Rovi Data Solutions, Inc. 2 Circle Star Way San Carlos, CA 94070 Attn: General Counsel E-mail: legalnotices@tivo.com Fax: (818) 295-6772	With Copy To: Rovi Data Solutions, Inc. 2233 N. Ontario Street Burbank, CA 91504 Attn: Legal

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