Acceptable Use & Content Policy

Fenixer Labs LLC is a software development company. We build software to our clients' specifications. We hold no product of our own. This policy sets out what we will and will not build, the boundary between what we provide and what an end user provides, and the conduct we require of everyone who uses software we produce.

1. Purpose

Software is a tool, and a general-purpose tool can be misused by the person holding it. This policy exists so that the division of responsibility between us, our clients and end users is unambiguous, and so that misuse can be identified and acted upon.

2. What our software is

Where an application we build or publish is a media player, it is an application that decodes and displays audio and video from a source address or file supplied by the user. It performs playback, playlist organisation, programme-guide display and related local functions on the user's own device.

Such applications are shipped empty. On first launch there is no catalogue, no channel list and no library. The application is inert until the user supplies a source of their own. Where a small royalty-free demo playlist is included, it exists solely so that a new user can confirm that playback works on their device.

3. What we do not supply

Fenixer Labs does not, directly or indirectly:

• sell, resell, licence, sublicence or distribute media content of any kind;
• operate, own, rent or control streaming servers, content delivery networks or media storage;
• supply, bundle, pre-load, recommend, index, aggregate, search or curate channel lists, playlists, catalogues or media libraries;
• provide subscriptions to media content, or act as agent or reseller for any party that does;
• host, cache, transcode, retransmit or relay any media stream;
• accept payment in exchange for access to media content, in any form;
• partner commercially with, or receive any consideration from, suppliers of media content.

Our revenue derives exclusively from fees paid by clients who commission software development, and from maintenance retainers for software we have built.

4. Your responsibilities

If you use our software, you are solely responsible for every source you enter into it and for holding whatever rights are needed to access that source. Specifically, you confirm that:

• you own the media, or hold a valid subscription, licence or other lawful authorisation to access it;
• your use complies with the copyright, broadcasting and communications law of the country you are in;
• you will not use our software to access material you know or suspect to be infringing;
• you will not use our software in a manner that infringes the rights of any third party.

We cannot assess the legality of a source on your behalf. We do not see it, and we have no technical means of doing so.

5. Prohibited uses

You must not use software built by Fenixer Labs, or any licence obtained in respect of it, to:

• access, copy, retransmit or publicly perform copyrighted material without authorisation from the rights holder;
• circumvent, disable or interfere with any technological protection measure, geographic restriction or access control;
• advertise, bundle, promote or sell media content, channel packages or content subscriptions alongside our software, or represent that any such content is provided, endorsed or authorised by Fenixer Labs;
• present our software as including content, or as a substitute for a lawful content subscription;
• use our branding, product names or materials to market media content;
• redistribute, repackage, modify, decompile or rebrand our applications without a written agreement with us;
• share, resell or transfer licence keys in software we have built;
• use the software for any unlawful purpose, or in any manner that exposes Fenixer Labs to legal or regulatory liability.

6. What we will not build

We decline engagements, regardless of fee, where the evident purpose of the software would be to:

• aggregate, index, host or distribute media content the client does not hold the rights to;
• circumvent digital rights management, geographic restrictions or other access controls;
• bundle or resell channel packages, content subscriptions or media libraries;
• scrape, harvest or process personal data unlawfully;
• operate as an unlicensed financial, gambling or money-transmission service;
• deceive, defraud or impersonate, or otherwise break the law of the client's market or ours.

Where a client asks us to add such functionality mid-engagement, we refuse it, and we may terminate the engagement under our Terms of Service. Clients remain responsible for how they use and operate software after handover.

7. Enforcement

Where we become aware of use that breaches this policy, we may suspend or terminate the licence or engagement concerned, decline further sales to the party involved, and where appropriate report the matter to the relevant authority. We take these steps without refund and, where the breach is clear, without prior notice.

We keep records of enforcement action and make them available to rights holders, payment providers and regulators on legitimate request.

8. Rights-holder notices

We respect intellectual-property rights and respond promptly to properly formed notices from rights holders and their representatives.

Because we host no content, a notice will not usually identify material on our systems. Where a notice identifies a user, client or distribution channel misusing software we produced, we will investigate and, where the complaint is substantiated, take the enforcement action described in section 7. Notices concerning a specific published application should follow the DMCA procedure listed on that application's own website.

Send corporate rights-holder correspondence to legal@fenixerlabs.net. We acknowledge within one business day.

9. Reporting misuse

If you believe someone is using our software or our branding to distribute or sell infringing material, tell us at legal@fenixerlabs.net. Include the application name, listing URL or other identifying detail if you have it. Reports are reviewed by a person, not an automated filter.

10. Contact

Related policies: Terms of Service · Refund & Cancellation Policy · Privacy Policy