Terms of Service (ToS) DS-GO

Service description. Subject matter and applicability of the Terms

Sole proprietor FOP Akulenko Nadiia (identification code 3144312227), the administrator and rightsholder of the multimedia product DS-GO (hereinafter – the Administrator, and the service – the Service), publishes these Terms of Service (ToS) (hereinafter – the Terms) that govern access to and use of the Service, including automatic subscription renewal mechanisms.

By using the Service, installing/launching the app, creating an account, and/or purchasing a subscription in Apple App Store / Google Play, the User confirms that they have read and agree to these Terms. The current version is available at: https://dsgo.app/terms-of-service

Auto-renewal and billing are performed by the respective app store in accordance with its rules; the procedure for amending the Terms and for notifying about material changes is described in Section 13 of these Terms.

Age category. The Service is intended for users 18+. By using the Service, the User confirms they are 18 years of age (or have reached the age of legal capacity in their jurisdiction).

1. Terminology used in these Terms

 

1.1. User means an individual or legal entity that uses the Service and purchases a paid DS-GO subscription via Apple App Store and/or Google Play using a payment method linked to their respective app-store account.

1.2. DS-GO Subscription Service means the service provided by the Administrator via the Service; its provision is regulated in detail by these Terms of Service available at https://dsgo.app/terms-of-service.

1.3. DS-GO Subscription Auto-Renewal Service means the automatic renewal feature for a paid subscription under which renewal and charges are performed by the respective app store (Apple App Store / Google Play) under its rules using the payment method linked to the User’s account.

1.4. Operator/Payment Operator (Processor) means a legal entity providing payment services (online acquiring, billing) under an agreement with the Administrator.

1.5. Control Devices means smartphones/tablets and other mobile devices with the DS-GO app installed, from which the User creates playlists, starts playback, and controls display.

1.6. Playback Devices means TVs, panels, media players, and set-top boxes (including Android TV/Google TV/Fire OS) with the DS-GO TV Player app installed, on which Content is displayed.

1.7. Parties means the Parties to these Terms: the Administrator and the User.

2. Subject of the Terms and User’s acceptance

2.1. The Administrator provides the User with access to the paid DS-GO subscription and the auto-renewal feature through Apple App Store and/or Google Play. By purchasing a subscription and accepting these Terms, the User agrees to automatic renewal of the selected plan (monthly — 30 days or annual — 12 months). Renewal and charges are performed by the respective app store under its rules using the payment method linked to the User’s account. Auto-renewal is made for the same term selected at the initial purchase until the User cancels it in the respective store settings. Key auto-renewal terms are disclosed prior to purchase pursuant to cl. 2.2 of these Terms. The Service does not perform direct debits and does not store payment instrument details.

2.2. Before purchasing a subscription, the Service clearly and visibly discloses the key auto-renewal terms, including the charge frequency (monthly or annual), current price, and cancellation process.

2.3. Prior to purchase, the subscription screen explicitly displays: (i) key features and benefits; (ii) term and billing frequency; (iii) price and currency; (iv) trial terms (if any) and the moment of charging after the trial; (v) a clear cancellation instruction (link/path in the respective app store).

3. Application of the Terms and start of use

3.1. These Terms govern access to and use of the Service.

3.2. Starting to use the Service (installing/launching the apps, creating an account) and/or purchasing a subscription in Apple App Store / Google Play confirms the User’s consent to the Terms.

3.3. When ordering and using auto-renewal, the User complies with the rules and procedures set out in Sections 4–8 of these Terms.

4. Enabling auto-renewal

4.1. To enable auto-renewal, the User makes the first subscription purchase for DS-GO in the respective app store (Apple App Store / Google Play). Subsequent renewals and charges are performed by the respective app store under its rules using the payment method linked to the User’s account. The Service does not perform direct debits.

4.2. Auto-renewal is ordered when completing the subscription purchase through the interfaces of the respective app store (Apple App Store / Google Play). The sequence of actions is shown on the purchase screen; by confirming the purchase, the User agrees to auto-renewal for the selected term. The Service does not perform direct debits.

Warning: IF YOU DO NOT WISH TO USE AUTO-RENEWAL, CANCEL IT IN THE SUBSCRIPTION SETTINGS IN APPLE APP STORE / GOOGLE PLAY (OR VIA A LINK IN THE SERVICE INTERFACE, IF AVAILABLE).

4.3. The period for accepting these Terms is not limited.

5. Cancellation of the DS-GO Subscription Auto-Renewal Service

5.1. The User may cancel the DS-GO Subscription Service at any time.

  • 5.1.1. Google Play — go to your Google Play profile → “Payments & subscriptions” → find DS-GO → cancel.
  • 5.1.2. Apple ID — device Settings → Apple ID → Subscriptions → find DS-GO → turn off auto-renewal/cancel.

5.2. The User may cancel auto-renewal at any time in a manner no more burdensome than enabling it (including via account settings or the respective app store). Cancellation takes effect at the end of the paid period unless otherwise expressly provided by the platform terms (Apple App Store / Google Play). Cancellation must not be more burdensome than sign-up and is available through the respective app-store settings and/or a direct link from the Service interface (where applicable).

6. Access, plans, and billing via Apple App Store / Google Play

6.1. Plans and terms. Paid features are provided as auto-renewing subscriptions for a monthly (30 days) or annual (12 months) period; billing is performed by Apple App Store / Google Play using the payment method linked to the account.

6.2. Renewal and price changes. Subscriptions renew automatically at the end of the paid period unless cancelled. In cases provided by law and store rules, the store notifies the User in advance about renewal and/or price changes. If the User disagrees, they must cancel before the next charge.

6.3. Cancellation. The User can cancel at any time in App Store / Google Play subscription settings; access remains until the end of the paid period.

6.4. Receipts / “durable medium.” Receipts and payment confirmations are provided by Apple/Google; the Service may also display downloadable records in-app.

6.5. Retry logic. Payment retries for failed charges are performed by the store under its rules.

6.6. Refunds. Refunds (if applicable) are processed by Apple/Google in accordance with the rules of the respective store.

6.7. Regional pricing and cross-platform discrepancies. Price information published on the DSGO.app product website and/or in marketing materials is for reference only and may vary by country/region, app store (market), account currency, applicable taxes, exchange rates, rounding, and the policies of the respective platform/payment provider. The final price, currency, taxes, and amount payable are shown directly in the Apple App Store / Google Play purchase interface before you confirm payment and take precedence in case of any discrepancies. When indicative prices are shown in another currency, differences may arise due to conversion; your bank/card issuer may charge fees.

6A. Technical requirements and compatibility

6A.1. Compatibility and supported platforms.
The Service is available via the official apps:
— DS-GO (management and playlist creation): devices on Android 7.0+ and iOS 14+.
— DS-GO TV Player (playback): devices on Android TV / Google TV 7.0+ (support for other platforms, including Fire OS, may be available where an official app exists and may change).

6A.2. Network and hardware requirements.
A stable connection of 5 Mbps per device is recommended (higher for HD). Devices must have correct date, time, and time-zone settings. Playback quality depends on device/network capabilities and rightsholder restrictions.

6A.3. Official distribution channels.
Use only Google Play / Apple App Store (and other official stores if applicable). Operation of apps obtained from other sources is not guaranteed.

6A.4. Compatibility limitations.
Operation is not guaranteed on devices with modified firmware, root/jailbreak, emulators, or environments with disabled system security services. If these conditions are not met, refunds and support may be unavailable (see Section 7 on refunds).

6A.5. Software updates.
The User undertakes to update the DS-GO and DS-GO TV Player apps in a timely manner. The Service does not guarantee compatibility with outdated app or OS versions.

6A.6. No compatibility/availability warranties.
The Service and apps are provided “as is” and “as available.” The Administrator does not warrant error-free or uninterrupted operation, nor compatibility with all device models, OS/firmware versions, video drivers, codecs, and network configurations. OS/firmware updates, manufacturer settings, third-party apps, and/or User hardware may impact performance.

6A.7. Maintenance and downtime.
Planned and emergency maintenance may occur, during which access to the Service/features may be temporarily limited. Where possible, the Administrator will notify about planned maintenance in the Service interfaces.

6A.8. Dependence on third-party services and APIs.
Functionality depending on third-party services/interfaces (including YouTube, Google Drive, Instagram, etc.) depends on their availability and rules. Outages, API/rule changes, regional restrictions, or moderation actions may temporarily or permanently limit functions without compensation.

6A.9. Beta features.
Some features may be provided as test/beta. They are provided “as is,” may contain errors, change, or be disabled without notice, and come with no support obligations.

7. Refund procedure

7.1. For subscriptions purchased via Apple App Store / Google Play, refund matters (if applicable) are governed and processed by the respective store.

7.2. The Administrator does not issue direct refunds for purchases made via app stores; requests are submitted through Apple/Google mechanisms.

7.3. Information on refund status and outcome is provided by the respective app store.

8. Terms of using the DS-GO Subscription Auto-Renewal Service

8.1. The amount charged for each subsequent period (monthly or annual) equals the price of the selected plan effective at the time of renewal and displayed by the app store; if the price changes, the notification procedure in clauses 6.2 and 8.5 applies.

8.2. For auto-renewal of the DS-GO Subscription Service, the charge for a new period is performed by the respective app store (Apple App Store / Google Play) under its rules using the payment method specified by the User.

8.3. Charge intervals:
8.3.1. every 30 calendar days — for monthly plans;
8.3.2. every 12 months — for annual plans;
8.3.3. notifications of upcoming renewal and/or price changes for annual plans are provided by the respective app store in accordance with its rules and applicable law. The Service may additionally duplicate notifications in-app or by email for the User’s convenience.

8.4. Other subscription terms may be set on the Service (if available in the respective app store). In that case, renewal and charges for the new term are performed by the app store under its rules; the User’s purchase constitutes consent to such renewal.

8.5. Price changes. We may change the subscription price for a new period. The User is notified of such changes in advance within a reasonable period as required by applicable law. If the User disagrees with the new price, they may cancel auto-renewal before the next charge date.

8.6. Trial/promo. If a trial or promotional offer is provided, upon its expiry the subscription automatically renews to the paid plan chosen by the User unless cancelled before the charge. For subscriptions purchased via Apple App Store / Google Play, terms, notifications, and billing are governed by the respective store.

9. Liability of the Parties; disclaimers

9.1. The Parties are liable for failure/improper performance of these Terms under the laws of Ukraine.

9.2. The User is responsible for actions taken when using the Auto-Renewal and Subscription Services, including the accuracy of actions and information provided under these Terms.

9.3. The User is responsible for correctly indicating the payment amount and all requested data.

9.4. Payment processing. Subscriptions purchased via Apple App Store / Google Play are processed by the respective app store under its rules. The respective store and the User are responsible for the accuracy, timing, and status of such payments; charge/refund claims are submitted through Apple/Google mechanisms.

9.5. Security of payment information. Security of payment information (including payment instrument details) used for subscriptions via app stores is ensured by Apple/Google. The Administrator does not receive or store such details.

9.6. The Administrator has no access to the User’s payment details provided to Apple/Google and relies on confirmations/statuses provided by the respective app store.

9.7. Limitation of liability. To the maximum extent permitted by applicable law, in no event shall the Administrator be liable for indirect, incidental, punitive, special, or consequential damages (including lost profits, data loss, or loss of goodwill). The Administrator’s aggregate liability to the User for any claims arising out of the use of the Service or these Terms is limited to an amount equivalent to USD 100 at the NBU exchange rate on the date the Administrator receives the User’s claim. This limitation applies to the extent permitted by applicable law.

9.8. The Administrator is not liable for technical failures or other issues of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, email services, or scripts due to technical reasons. The Administrator is also not responsible for the safekeeping of the User’s login and password granting access to specific Service features.

9.9. Disclaimer of warranties. The Service and apps (including DS-GO and DS-GO TV Player) are provided “as is” and “as available.” To the maximum extent permitted by applicable law, the Administrator makes no express or implied warranties, including (without limitation) warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, accuracy, uninterrupted/error-free operation, security, or freedom from defects. The Administrator does not warrant that: (i) the Service will operate without errors, vulnerabilities, or interruptions, or that defects will be corrected; (ii) the Service will be compatible with all device models, OS/firmware versions, drivers, codecs, and network configurations; (iii) the results of using the Service will meet the User’s expectations or objectives; (iv) features depending on third-party services and APIs (including YouTube, Google Drive, Instagram, etc.) will be continuously or consistently available. Availability and quality may depend on planned/emergency works, network/hardware/software failures, actions or changes by third parties, as well as legal and regional restrictions. Nothing in these Terms limits mandatory consumer rights granted by the applicable law of the User’s country of residence; such rights remain in full.

10. Force majeure

10.1. The Parties are released from liability for partial or complete non-performance of obligations under these Terms if such non-performance results from force majeure arising after acceptance of the Terms due to extraordinary events that the Party could not foresee or prevent by reasonable measures (including natural disasters, fires, earthquakes, acts of government authorities, etc.).

11. Dispute resolution

11.1. All disputes and disagreements arising from these Terms at the User’s initiative are subject to pre-trial (claim) resolution. If the dispute is not resolved within 60 business days from the date the User’s claim is received, either Party may submit the dispute to the court at the Administrator’s location. For the purposes of these Terms, a claim means a written request by the User (or their representative with duly executed authority) to the Administrator containing demands related to alleged non-performance/improper performance of obligations.

11.2. Upon receipt of a written request/claim from the User, the Administrator must review it within 30 calendar days and inform the User of the results.

11.3. The response to the User’s claim is sent to the address specified in such claim. If the claim is fully satisfied, the Administrator may take the relevant actions without sending a separate response.

11.4. Governing law and jurisdiction. These Terms are governed by the substantive law of Ukraine, unless mandatory rules of the law of the consumer’s country of residence provide otherwise. Disputes are subject to the courts at the Administrator’s location, unless such mandatory rules provide otherwise.

12. Term

12.1. These Terms enter into force when the User performs the actions specified in Section 4 and remain in effect for an indefinite period — until the User cancels the DS-GO Subscription Auto-Renewal Service in accordance with these Terms.

12.2. Upon termination, Section 9 (Liability and Disclaimers), clauses 13.3–13.12 (Miscellaneous), and Section 14 (Intermediary platform, content, and third-party sources) shall survive to the extent required by their nature.

13. Miscellaneous

13.1. The Administrator may unilaterally amend these Terms. The new version is published at https://dsgo.app/terms-of-service and takes effect on the publication date unless a different date is specified. Material changes affecting auto-renewal, price, or payment procedures are communicated to the User via Apple App Store / Google Play mechanisms and/or Service means to the extent required by applicable law. Continued use of the Service after the changes take effect constitutes the User’s acceptance of the new version.

13.2. These Terms apply to all methods of purchasing a DS-GO subscription via mobile devices on iOS or Android.

13.3. If any provision of these Terms is invalid or unenforceable for any reason, this shall not affect the validity or enforceability of the remaining provisions.

13.4. For all matters not regulated by these Terms, the Parties shall follow the applicable law pursuant to cl. 11.4.

13.5. The User confirms that the rules for using content, including: (i) User Content and responsibility for it; (ii) use of materials from third-party sources (including YouTube) via official interfaces (API/embed); (iii) placement of informational/advertising overlays; (iv) notice-and-takedown procedure; and (v) the Service’s status as an intermediary platform, are established by these Terms (https://dsgo.app/terms_of_service), and undertakes to comply with them.

13.6. The Service provides a “Report abuse” mechanism and accepts notices at dsgodeveloper@gmail.com. The submission and review procedure is determined by these Terms (see cl. 14.6).

13.7. Taxes and currency. Prices may include or exclude indirect taxes (VAT/sales tax/IVA) depending on the jurisdiction and purchase method (including the rules of the respective app store). The final amount and currency payable are displayed before confirming payment in the Apple App Store / Google Play interface and prevail in case of any discrepancies. Price information published on the DSGO.app product website and/or in marketing materials is for reference only and may vary by country/region, app store (market), account currency, applicable taxes, exchange rates, rounding, and platform/issuer fees. When indicative prices are shown in another currency, differences may arise due to conversion; your bank/card issuer may charge fees. The User is responsible for paying applicable taxes unless otherwise provided by law.

13.8. Right of withdrawal (EU). If the User is a consumer from the EU/EEA/UK, they may have the right to withdraw from the subscription within 14 days of purchase. This right does not apply if the provision of digital content/service began before the expiry of that period with the User’s prior consent and acknowledgment of losing the withdrawal right. By purchasing a subscription, the User provides such consent and acknowledgment; access is provided immediately.

13.9. Nothing in these Terms limits mandatory consumer rights granted by the applicable law of the User’s country of residence.

13.10. Electronic communications. The User agrees to receive legally significant notices, information on payments, auto-renewal terms, price changes, and responses to claims electronically: via Service interfaces, by email, and/or through messages from the respective app store (Apple App Store / Google Play). Such notices are deemed delivered when sent to the contact details/accounts specified by the User or when posted in the personal account.

13.11. Languages. These Terms are provided in English, Ukrainian, Polish, and Portuguese. All four versions are legally binding. In case of discrepancies between versions, the English version shall prevail, except where mandatory rules of the applicable law of the User’s country of residence require otherwise.

13.12. Privacy. Processing of personal data is governed by the DS-GO Privacy Policy available at https://dsgo.app/privacy (the link may be updated in the Service interface). The Policy describes data categories, legal bases, retention periods, data subject rights (including under GDPR/Ukrainian law), and contacts for requests. For OAuth integrations (YouTube, Google Drive, Instagram), the Service requests only the minimum necessary permissions and does not permanently store obtained materials unless expressly stated otherwise.

14. Intermediary platform, content, and third-party sources

For the purposes of this Section: the Service is DS-GO; the User is the person using the Service; Content means any materials (texts, images, audio/video, links, metadata), as well as overlays (banners, captions, etc.).

14.1. Service status. The Service provides tools to display/manage Content and interacts with third-party sources via their official interfaces (API/embed). The Service is not a broadcaster and does not publicly distribute audio/video beyond what is technically necessary to display upon the User’s request. Video materials are not stored by the Service on a permanent basis; only technical temporary caching necessary for functionality is allowed.

14.2. User Content and responsibility. All Content and overlays are placed at the User’s initiative and risk. The Service is not obliged to and does not perform pre-moderation or validation of such Content and does not endorse its legality. The User warrants that they have all necessary rights/licenses/permissions and comply with applicable laws and the terms of source platforms. In case of third-party claims related to User Content, all risks/losses are borne by the User; the User undertakes to indemnify the Service for documented losses (including legal defense costs) caused by such breach.

14.2.1. Limited license. By providing or displaying Content in the Service, the User grants the Service a non-exclusive, worldwide, royalty-free license to host, display, and technically process such Content solely to the extent necessary for the Service to function (including caching, transcoding, preview generation, and delivery of streams to Playback Devices). The Service does not acquire ownership of User Content.

14.3. Third-party sources (including YouTube). Materials from third-party sources (including YouTube) are displayed solely via their official interfaces (API/embed) without downloading, permanent storage, modification, or redistribution. The User undertakes to comply with the terms of such services (including YouTube Terms of Service and Google policies); it is prohibited to circumvent technical protection measures, remove/hide mandatory attributions (logos, watermarks, legal notices), or “clean” content. For YouTube features, the Google Privacy Policy applies; access can be revoked at myaccount.google.com/permissions. The User warrants they have the rights and permissions for any content they upload, display, or combine in the Service.

14.4. Overlays/banners over content. Overlays are allowed provided they: (i) do not infringe third-party rights (copyright/related rights, trademarks, image rights, etc.); (ii) are not misleading and do not distort the original material; (iii) do not hide mandatory legal notices/labels. The User independently ensures overlays comply with advertising and other laws and platform rules. The Service may temporarily restrict/disable overlays upon complaints, signs of violations, or at the request of rightsholders/platforms/competent authorities.

14.5. Prohibited content and conduct. Prohibited, in particular: (a) infringement of copyright/related rights or licenses; (b) extremism, incitement to hatred, calls for violence/terrorism/crimes; (c) fraud, phishing, malware; (d) privacy/personal-data violations; defamation; (e) trademark/commercial designation violations; (f) circumvention of technical restrictions and/or third-party platform terms.

14.6. Notice & Takedown (DMCA-style / DSA).

  • 14.6.1. Submitting a notice. If you believe your rights are infringed via the Service, send a notice to dsgodeveloper@gmail.com with subject “Abuse/Claim”, indicating: (i) claimant’s contact details; (ii) an exact link/ID of the material; (iii) a description of the rights infringed and legal basis/authority; (iv) a good-faith statement.
  • 14.6.2. Review. Notices are reviewed without undue delay; where sufficient grounds exist, access to the material is restricted/the material is removed, and features may be disabled.
  • 14.6.3. Counter-notice. The User may be allowed to submit a counter-notice within a reasonable time. Upon a proper counter-notice, the material may be restored if permitted by law.
  • 14.6.4. Repeat infringements. In cases of repeat infringements, access to the Service may be suspended/terminated.
  • 14.6.5. DSA (EU) compliance. The Service supports an accessible “Report abuse” mechanism and processes notices proportionally to risk and the nature of the infringement.

14.7. Limitation of liability (Content). To the maximum extent permitted by law, the Service and its rightsholder are not liable for User Content and/or third-party materials, for the User’s compliance with the terms of such sources, or for losses caused by third-party Content or the User’s actions. The Service’s aggregate liability to the User for claims arising from Content use is limited by the overall liability cap set in these Terms (unless a different cap is expressly provided).

14.8. Suspension/termination of access. The Service may suspend or terminate the User’s access (in whole or in part) in cases of: (i) breach of this Section; (ii) substantiated complaints; (iii) requests from rightsholders/platforms/competent authorities; (iv) security, fraud, or abuse risks.

14.9. “Report abuse” in the interface. The app/website provides a “Report abuse” mechanism. Notices are also accepted at dsgodeveloper@gmail.com. Review procedure — see cl. 14.6.

14.10. Google Drive and Instagram integrations. Connecting Google Drive and/or Instagram accounts is initiated by the User via official OAuth mechanisms of the respective platforms. Access and use of data are governed by the terms of those services (including, without limitation, the Google API Services User Data Policy and Instagram Platform/Graph API Terms). The Service obtains only the minimum permissions (scopes) required for the selected display/playback functionality and does not use such data for purposes unrelated to providing functionality. The User may revoke access at any time via the respective platform’s settings. The Service does not permanently store Google Drive files or Instagram materials; only technical temporary caching necessary for functionality and processing of metadata required for link-based delivery and display are allowed.

14.11. DSA (EU) point of contact. The single point of contact for individuals and authorities of EU Member States for matters related to Regulation (EU) 2022/2065 (DSA): dsgodeveloper@gmail.com.

Last updated 09 October 2025.

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