PIATTO TERMS OF SERVICE
Effective Date: October 20, 2026
Last Updated: October 20, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS GOVERNING YOUR LEGAL RIGHTS, INCLUDING A BINDING INDIVIDUAL ARBITRATION AGREEMENT, CLASS-ACTION WAIVER, AND JURY-TRIAL WAIVER.
1. Agreement and Identity of Piatto
These Terms of Service (“Terms”) constitute a legally binding agreement between you and GTPINC, the operator of the entertainment and streaming platform known as Piatto (“Piatto,” “Company,” “we,” “us,” or “our”).
Piatto provides subscription streaming, audiovisual programming, music-related content, digital media, promotional materials, community functionality when available, and related services through websites, applications, connected devices, third-party technology providers, and other distribution channels collectively referred to as the “Services.”
Piatto may distribute, exhibit, license, promote, or otherwise make available programming and content created by independent artists, producers, performers, licensors, production partners, and other content partners.
GiovanniBanger is a featured creator, producer, artist, host, and/or content partner whose programming may be distributed through Piatto. GiovanniBanger is not another name for Piatto or GTPINC. Nothing in these Terms should be interpreted as establishing that GiovanniBanger and Piatto are the same legal entity, business, or company.
The specific contractual, employment, licensing, production, ownership, or other relationship between Piatto and any creator or content partner is governed by separate agreements and is not created or defined by these consumer Terms.
2. Acceptance of These Terms
By creating an account, clicking an acceptance box, subscribing, purchasing access, accessing paid content, using the Services, or otherwise indicating acceptance of these Terms, you agree to be legally bound by them.
If you do not agree, do not create an account, purchase a subscription, access paid programming, or use the Services.
You also agree to any policies expressly incorporated into these Terms, including Piatto’s Privacy Policy and any applicable community, promotional, accessibility, or content-specific policies posted through the Services.
3. Eligibility, Minors, and Parental Responsibility
You must be at least eighteen (18) years old and legally capable of entering into a binding contract to create an account, purchase a subscription, or otherwise contract directly with Piatto.
A parent or legal guardian who maintains an account may permit a minor to view age-appropriate Piatto content through that adult’s account. The parent or guardian assumes full responsibility for the minor’s use of the Services, compliance with these Terms, and the suitability of the content viewed.
Piatto may offer or reference content ratings or parental-guidance information where available. Such information is provided for convenience and does not replace parental judgment.
Persons under eighteen may not independently open accounts, purchase subscriptions, submit payment information, participate in contractual transactions, or upload content except as expressly permitted by applicable law.
Piatto is not intended to solicit personal information directly from children under thirteen.
4. User Representations
By using the Services, you represent and warrant that:
(a) you are at least eighteen (18) years old or are a parent or legal guardian acting as permitted under these Terms;
(b) all information you provide is accurate, current, and complete;
(c) you will use the Services only for lawful personal purposes;
(d) you will not circumvent access controls, digital-rights-management systems, authentication systems, or other technical measures;
(e) you possess the legal capacity necessary to enter into these Terms; and
(f) your use of the Services will not violate these Terms or applicable law.
5. Your Account
Your account is personal to you.
You must provide accurate, current, and complete account information and promptly update information that changes.
You are responsible for maintaining the confidentiality of your username, password, authentication credentials, devices, and account.
You are responsible for activity occurring through your account except to the extent applicable law expressly provides otherwise.
You must promptly notify Piatto if you reasonably believe your account has been accessed without authorization.
You may request account deletion through methods described in the Privacy Policy or available account settings. Account deletion remains subject to applicable data-retention, tax, accounting, fraud-prevention, security, litigation-hold, and other legal obligations.
6. Strict Account-Sharing and Credential Rules
Unless a specific subscription plan expressly states that it permits multiple independent users, family members, household members, or multiple simultaneous users, a Piatto subscription is licensed solely to the individual named account holder.
Your purchase of a standard individual subscription does not grant a general right to share the account with relatives, friends, coworkers, household members, business partners, customers, or any other third party.
You may not sell, lease, rent, sublicense, publish, distribute, disclose, share, transfer, trade, lend, or otherwise provide your account credentials or paid access to another person.
You may not permit another person to use your account as a substitute for purchasing their own access.
Piatto may impose reasonable limits on devices, concurrent streams, session activity, geographic activity, authentication attempts, or other usage characteristics.
Piatto may use technical measures to detect suspicious account sharing, simultaneous use inconsistent with the applicable plan, unauthorized devices, abnormal geographic access, credential trafficking, account resale, or other activity inconsistent with authorized personal use.
Piatto may require password resets, device reauthorization, identity verification, termination of active sessions, reauthentication, or other reasonable security measures.
Suspected credential resale, deliberate unauthorized sharing, piracy, access circumvention, or fraudulent account activity may result in immediate suspension or termination without refund to the fullest extent permitted by law.
Nothing in this Section prohibits use expressly authorized by the terms of a family, household, enterprise, promotional, or multi-user plan offered by Piatto.
Notwithstanding the foregoing, a parent or legal guardian may permit a minor to view content through the parent or guardian’s account as expressly authorized by Section 3, provided that the adult account holder retains control of the account and credentials and remains responsible for the minor’s use of the Services.
7. Limited License to Use the Services
Subject to your compliance with these Terms and payment of all applicable charges, Piatto grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services and view or listen to authorized content solely for your personal, private, non-commercial entertainment.
You receive access, not ownership.
No subscription, purchase, membership, rental, promotional offer, free preview, coupon, complimentary account, or other transaction transfers any ownership interest or intellectual-property right to you.
All rights not expressly granted are reserved.
8. Geographic Availability
The Services and content are not available in all territories.
Availability may be restricted for licensing, technical, legal, contractual, security, business, or regulatory reasons.
Piatto may use geo-restriction, IP-based restrictions, account controls, territorial licensing controls, or other technical measures to limit access based on location.
You are responsible for complying with applicable local law regarding access to and use of the Services.
9. Subscriptions and Automatic Renewal
Certain Services are offered through recurring subscription plans.
Before purchase, the applicable checkout page will identify the then-current price, applicable taxes or disclosures, billing frequency, recurring nature of the subscription, and other material terms.
By purchasing a recurring subscription, you authorize Piatto and its authorized payment processors to charge your designated payment method at the disclosed interval until you cancel or the subscription is otherwise terminated.
Your subscription will automatically renew at the applicable recurring rate unless you cancel before the next charge in accordance with the cancellation mechanism made available through the Services.
Piatto will provide recurring-payment, renewal, and related disclosures and notices as required by applicable law.
Subscription prices, plan names, included features, content, and available offerings may change from time to time.
Price changes will be implemented prospectively and with notice where required by applicable law.
10. Taxes
Prices displayed may exclude applicable taxes, duties, assessments, governmental charges, or similar fees unless expressly stated otherwise.
You are responsible for taxes, duties, and similar governmental charges associated with your purchase except taxes imposed on Piatto’s net income.
Piatto or its payment processors may calculate, collect, and remit taxes where required.
11. Cancellation
You may cancel a recurring Piatto subscription using the cancellation functionality provided through your account or another cancellation mechanism made available by Piatto.
Where required by applicable law, online subscriptions may be canceled through an online method that is at least as easy to access and use as the method used to enroll.
Cancellation stops future recurring charges.
Unless applicable law requires otherwise, cancellation ordinarily becomes effective at the conclusion of the then-current paid billing period, and you may continue accessing applicable subscription content until that period ends.
Deleting an application, failing to use the Services, failing to watch available content, changing devices, losing Internet access, or ceasing to visit the Services does not constitute cancellation.
12. Subscription Pausing
Piatto may, but is not required to, offer certain subscribers the ability to temporarily pause an eligible subscription.
If pausing is available and you elect to use it, the specific pause period, resumption date, billing treatment, access limitations, and any other material terms will be disclosed through the Services when the pause is initiated.
During an active pause, recurring subscription charges ordinarily cease for the approved pause period and access to paid subscription content may be suspended or restricted.
Unless you cancel before the disclosed resumption date, an eligible paused subscription may automatically resume on that date, and your authorized payment method may again be charged at the applicable subscription rate.
A pause does not constitute permanent cancellation.
You remain responsible for canceling the subscription if you do not want recurring billing to resume.
You may cancel during an active pause using the available cancellation process, subject to the applicable plan terms and law.
Pausing does not entitle you to a cash refund, retroactive credit, or reimbursement for charges incurred before the pause became effective.
Piatto may modify, limit, suspend, or discontinue the pause feature prospectively.
13. Refund Policy — All Sales Final
EXCEPT WHERE A REFUND IS EXPRESSLY REQUIRED BY APPLICABLE LAW, ALL PAYMENTS TO PIATTO ARE FINAL AND NON-REFUNDABLE.
Without limiting the foregoing, Piatto does not provide refunds or credits for:
unused subscription time;
partially used billing periods;
failure to use the Services;
failure to watch available programming;
completion of a series;
dissatisfaction with particular content;
forgotten cancellations;
accidental purchases;
changed personal circumstances;
loss of Internet access;
personal scheduling conflicts;
incompatible personal equipment;
removal, replacement, delay, or alteration of particular programming;
or a decision that the Services are no longer desired.
Cancel before your next renewal if you do not wish to be charged again.
Nothing in this Section limits any non-waivable statutory rights.
14. Payment Methods, Failed Payments, Fraud, and Chargebacks
You authorize Piatto and its authorized payment processors to retain and use your payment credentials as reasonably necessary to process authorized charges.
You agree to maintain a valid payment method.
If payment fails, Piatto may retry the transaction, restrict access, suspend the account, terminate the subscription, or take other reasonable billing measures.
Fraudulent transactions, knowingly false chargebacks, payment manipulation, use of stolen payment credentials, abuse of promotional offers, identity fraud, or attempts to receive paid access without valid payment may result in immediate suspension or termination.
Piatto may preserve and disclose relevant records to payment processors, financial institutions, fraud-prevention providers, law enforcement, or other appropriate entities where permitted by law.
Nothing in these Terms prevents you from exercising legitimate billing-dispute rights provided by law.
Third-party payment-processor terms may also apply.
15. Changes to Content and the Catalog
Piatto is an evolving entertainment service.
Programs, episodes, music, collections, categories, creators, features, artwork, bonus material, availability periods, release schedules, territories, subscription offerings, promotional material, and other aspects of the Services may be added, removed, edited, delayed, replaced, reorganized, restricted, or discontinued.
Purchasing a subscription does not guarantee permanent availability of any particular show, episode, song, artist, creator, feature, category, collection, catalog item, or release schedule.
Except where applicable law requires otherwise, ordinary changes to the catalog do not create a right to a refund.
16. Piatto and Content-Partner Intellectual Property
The Services contain valuable intellectual property owned by Piatto, GTPINC, independent creators, licensors, production partners, performers, songwriters, publishers, record owners, photographers, designers, and other rights holders.
Such property may include audiovisual works, films, television programming, music videos, masters, musical compositions, sound recordings, performances, photographs, artwork, scripts, graphics, logos, trademarks, trade dress, designs, titles, typography, animations, editing, graphics packages, show elements, production materials, software, databases, metadata, text, marketing assets, and other material.
Piatto does not claim that every work appearing on the platform is owned by GTPINC.
Certain works and marks—including works associated with GiovanniBanger—may be owned by or licensed from separate content partners or rights holders.
Your access to content grants you no ownership interest in any such property.
17. No Music Rights Are Granted
Access to music through Piatto is for personal listening and viewing only.
Nothing about a Piatto membership or your access to programming grants you any right or license to use, reproduce, sample, interpolate, remix, edit, adapt, synchronize, distribute, transmit, publicly perform, publicly display, upload, sell, license, sublicense, monetize, register, claim, fingerprint, or otherwise exploit any sound recording, master recording, musical composition, lyric, melody, arrangement, performance, stems, multitracks, vocals, instrumental parts, samples, session recordings, or other musical material.
A subscription is not a sample license.
A subscription is not a synchronization license.
A subscription is not a master-use license.
A subscription is not a publishing license.
A subscription is not permission to submit, register, monetize, fingerprint, or claim music through YouTube Content ID or another rights-management system.
A subscription does not grant permission to release derivative works based upon Piatto-distributed music.
Any commercial, creative, derivative, promotional, synchronization, sampling, performance, publishing, licensing, or exploitation use requires a separate express written license from the applicable rights holder.
18. No Rights in GiovanniBanger Programming or Protected Materials
Watching GiovanniBanger programming does not grant any right to copy, reproduce, distribute, exploit, license, adapt, impersonate, pass off, commercially appropriate, or otherwise misuse protected GiovanniBanger materials.
To the extent protected under applicable intellectual-property, unfair-competition, contractual, trademark, copyright, publicity, or other law, this includes protected audiovisual material, branding, original graphics, logos, recordings, scripts, edited sequences, photography, artwork, production materials, music, performances, promotional assets, and other protected expression appearing within GiovanniBanger programming.
Nothing in these Terms prevents lawful independent creation of unprotected ideas, concepts, methods, themes, styles, or genres.
These Terms protect only rights legally recognized under applicable law.
19. Anti-Piracy and Content Protection
You may not, directly or indirectly:
record; screen-record; stream-rip; capture; download where downloading is not expressly enabled; reproduce; rebroadcast; restream; retransmit; publicly exhibit; mirror; upload; distribute; republish; sell; trade; sublicense; commercially exploit; or create unauthorized copies of Piatto content.
You may not circumvent, bypass, defeat, disable, interfere with, decrypt, avoid, remove, manipulate, or attempt to defeat digital-rights-management systems, access controls, encryption, watermarking, tokenization, geo-restrictions, authentication systems, playback restrictions, stream protections, copy protections, device restrictions, or other technological measures.
You may not use automated tools, bots, crawlers, scripts, recording devices, browser extensions, plug-ins, modified applications, capture systems, or other technology to obtain unauthorized copies of content.
You may not remove copyright notices, watermarks, credits, metadata, ownership information, trademarks, or rights-management information.
You may not knowingly assist another person in doing any of the foregoing.
Piatto may suspend or terminate accounts associated with suspected piracy or circumvention and may preserve evidence and cooperate with rights holders, payment providers, technology providers, Internet service providers, law enforcement, or other appropriate entities as permitted by law.
20. Artificial Intelligence, Machine Learning, Data Mining, and Automated Extraction
Except with Piatto’s prior express written authorization, you may not use the Services or any content available through the Services for machine learning, artificial-intelligence training, model development, fine-tuning, retrieval datasets, embeddings, vector databases, synthetic-media generation, voice cloning, image training, audio-model training, music-model training, audiovisual analysis for model training, dataset creation, training-data preparation, or similar computational exploitation.
You may not scrape, harvest, crawl, index, systematically extract, archive, aggregate, copy, or create databases from Piatto content or protected metadata except to the extent such restriction is prohibited by applicable law.
No license is granted for text-and-data mining, commercial machine learning, generative-AI training, model fine-tuning, dataset generation, synthetic recreation, or development of competing content systems.
21. Security and Prohibited Conduct
You may not attempt to gain unauthorized access to any account, system, server, network, database, API, administrative interface, content, restricted area, or infrastructure associated with the Services.
You may not probe, scan, test, exploit, or attempt to exploit vulnerabilities without express written authorization.
You may not distribute malware, interfere with service availability, overload infrastructure, manipulate analytics, impersonate another person, forge account information, evade suspensions or bans, create fraudulent accounts, misrepresent identity, use bots to manipulate metrics, harvest personal information, or use the Services for unlawful purposes.
You may not use Piatto to harass, threaten, defraud, exploit, stalk, dox, intimidate, unlawfully discriminate against, or unlawfully harm another person.
22. Community and User-Generated Content
This Section applies only if and when Piatto makes community, posting, commenting, uploading, messaging, profile, discussion, or similar interactive functionality available.
You retain whatever ownership rights you lawfully hold in material you submit.
By submitting content through an interactive Piatto feature, you represent and warrant that you possess all rights, licenses, permissions, releases, and consents necessary to submit and authorize use of that material.
You grant Piatto a worldwide, non-exclusive, royalty-free, fully paid-up license to host, store, reproduce, format, encode, transcode, cache, display, transmit, moderate, distribute, perform, adapt for technical formatting, and otherwise use submitted content as reasonably necessary to operate, administer, secure, improve, maintain, and promote the Services and relevant community functionality.
That license includes the right to sublicense those limited rights to Piatto’s hosting companies, content-delivery networks, cloud providers, moderation providers, streaming providers, technology vendors, contractors, and other service providers solely to the extent reasonably necessary for those providers to perform services for Piatto.
The foregoing license does not grant Piatto ownership of your preexisting intellectual property.
You may not upload material that infringes copyright, trademark, privacy, publicity, contractual, confidentiality, music, performance, likeness, or other rights.
Piatto may remove, restrict, moderate, decline, disable, preserve, or investigate user-generated material in its discretion, subject to applicable law.
Piatto is not required to pre-screen all user-generated content and does not endorse user submissions merely because they appear through the Services.
23. Community Conduct
If community features are available, users must behave lawfully and reasonably.
Piatto may prohibit or restrict harassment, threats, hate-based abuse, unlawful discrimination, impersonation, spam, scams, fraud, unauthorized commercial promotion, repeated disruption, unlawful obscenity, infringing material, malicious links, doxing, exploitation, piracy, or conduct that threatens users, creators, Piatto, or the integrity of the Services.
Piatto may establish additional Community Guidelines from time to time.
Violation may result in content removal, feature restrictions, moderation, suspension, or termination.
24. Unsolicited Ideas and Feedback
Piatto does not solicit confidential creative concepts, show ideas, treatments, scripts, music, inventions, pitches, business concepts, formats, story ideas, production concepts, or other unsolicited creative submissions through ordinary customer-service channels.
If you nevertheless voluntarily send ideas, suggestions, concepts, feedback, recommendations, or other non-confidential submissions to Piatto without a separate written submission agreement, you understand that Piatto has no duty of confidentiality regarding the submission.
To the fullest extent permitted by law, Piatto may use ordinary feedback and suggestions concerning the Services without restriction or compensation.
Nothing in this Section transfers ownership of your preexisting copyrighted works or other preexisting intellectual property.
25. Third-Party Services and Infrastructure
Piatto may rely on third-party providers for streaming, hosting, payment processing, account authentication, email, analytics, content delivery, website functionality, applications, customer support, advertising, security, fraud detection, and other infrastructure.
These providers may include streaming-platform providers, payment processors, app stores, device manufacturers, social platforms, and Internet-service providers.
Piatto does not control every third-party network or service and is not responsible for failures caused solely by systems outside Piatto’s reasonable control.
Separate third-party terms may apply to your use of third-party services.
26. Streaming Quality and Technical Requirements
Streaming quality may vary based on your Internet connection, device, geographic location, network congestion, software, display, bandwidth, third-party infrastructure, platform restrictions, and other factors.
Piatto does not guarantee any particular resolution, bitrate, latency, frame rate, audio format, device compatibility, uninterrupted availability, or streaming quality.
You are responsible for your own Internet service, devices, equipment, data charges, and other expenses required to access the Services.
27. No Commercial or Public Exhibition
Unless expressly authorized in writing, Piatto content may not be displayed or performed in bars, restaurants, clubs, theaters, schools, event venues, retail establishments, studios, commercial facilities, public gatherings, paid events, exhibitions, broadcasts, or other public or commercial settings.
A personal subscription does not include public-performance, rebroadcast, venue-display, commercial-exhibition, educational-display, or event-use rights.
28. Privacy
Piatto’s collection, processing, use, storage, retention, and disclosure of personal information are governed by the Piatto Privacy Policy and applicable law.
These Terms do not replace the Privacy Policy.
You should review the Privacy Policy before using the Services.
Account deletion, data retention, privacy requests, cookies, analytics, and related matters are handled as described in the Privacy Policy and applicable law.
29. Electronic Communications
By maintaining an account, you consent to receive electronic communications necessary to administer your account and the Services, including receipts, billing information, security notices, authentication messages, account notices, legal notices, subscription notices, changes to terms, renewal notices, cancellation confirmations, and service communications.
Marketing communications are subject to applicable law and available communication preferences.
Where separate consent is legally required for SMS, telephone marketing, automated messaging, or another communication channel, these Terms do not substitute for that separate consent.
30. Suspension and Termination
Piatto may investigate suspected violations of these Terms.
To the fullest extent permitted by applicable law, Piatto may restrict, suspend, or terminate accounts or access for fraud, piracy, unauthorized account sharing, credential trafficking, abusive conduct, security threats, payment abuse, unlawful conduct, infringement, circumvention, repeat violations, harassment, false identity information, chargeback fraud, or material breach of these Terms.
Termination for your violation does not entitle you to a refund except where applicable law requires otherwise.
Piatto may also discontinue the Services or a material portion thereof.
If applicable law requires a refund, notice, credit, or other remedy in such circumstances, Piatto will comply with that requirement.
Provisions that by their nature should survive termination—including intellectual-property protections, payment obligations, dispute-resolution provisions, disclaimers, limitations of liability, and indemnification—survive termination.
31. Copyright Infringement and Copyright Notices
Piatto respects intellectual-property rights.
If you believe material available through the Services infringes a copyright you own or are authorized to enforce, you may send a written notice containing the information required by applicable copyright law to Piatto’s Copyright Contact:
Copyright Contact
GTPINC / Piatto
Piatto Headquarters
63 Wyman Street
Stoughton, Massachusetts 02072
United States
Telephone: +1 (617) 224-7835
Email: Legal@PiattoPiatto.com
A valid notice should identify the copyrighted work, identify the allegedly infringing material sufficiently for Piatto to locate it, provide contact information for the complaining party, contain the legally required good-faith and accuracy statements, and include the signature of an authorized person.
Piatto may remove or disable access to material in response to a valid notice and may notify the affected user.
A user who believes material was removed because of mistake or misidentification may submit a counter-notification satisfying applicable copyright-law requirements.
Piatto may terminate repeat infringers in appropriate circumstances.
Knowingly making material misrepresentations in a copyright notice or counter-notification may result in legal liability.
If GTPINC later formally registers a designated agent under applicable copyright law, Piatto may update this Section to identify that agent.
32. Trademarks
Piatto names, marks, logos, designs, service marks, trade dress, and branding owned by GTPINC are protected by applicable law.
Names, marks, logos, branding, and other intellectual property associated with content partners remain the property of their respective owners.
No right to use any trademark is granted except as strictly necessary to identify and use the Services in accordance with these Terms.
33. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS.
PIATTO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
PIATTO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, COMPATIBLE WITH EVERY DEVICE, FREE OF HARMFUL COMPONENTS, OR AVAILABLE AT ALL TIMES OR IN EVERY LOCATION.
PIATTO DOES NOT WARRANT THAT ANY PARTICULAR PROGRAM, CREATOR, EPISODE, MUSIC RECORDING, FEATURE, COLLECTION, OR CATEGORY WILL REMAIN AVAILABLE.
SOME JURISDICTIONS DO NOT PERMIT CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
34. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GTPINC, PIATTO, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, CONTENT PARTNERS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR SIMILAR LOSSES ARISING FROM OR RELATING TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF GTPINC AND PIATTO ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT YOU ACTUALLY PAID TO PIATTO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED U.S. DOLLARS ($100).
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A PARTY HAS BEEN ADVISED THAT DAMAGES ARE POSSIBLE.
Nothing in this Section excludes liability that cannot lawfully be excluded or limited.
35. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless GTPINC, Piatto, and their officers, directors, employees, contractors, agents, affiliates, licensors, and content partners from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from your unlawful use of the Services, user-generated content you submit, your violation of another person’s rights, your fraud, your infringement, your piracy, your unauthorized use of intellectual property, your deliberate circumvention of technical measures, or your material breach of these Terms.
Piatto may assume control of the defense of a matter subject to indemnification, in which event you agree to reasonably cooperate.
This Section does not require a consumer to indemnify Piatto for Piatto’s own unlawful conduct where such an obligation would be prohibited by law.
36. Informal Dispute Resolution
Before commencing arbitration or litigation other than an action for emergency injunctive relief or an eligible small-claims matter, the complaining party must first provide written notice describing the dispute and requested relief.
Notices to Piatto must be sent to Legal@PiattoPiatto.com.
The notice should identify the account holder, relevant transaction or subscription, the factual basis of the dispute, the legal basis if known, and the requested resolution.
The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after receipt of a complete notice.
Applicable limitation periods will be treated in accordance with applicable law during any legally required pre-arbitration process.
37. Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT.
Except for disputes expressly excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your subscription, billing, access, content, communications, transactions, account, relationship with Piatto, or termination of that relationship that cannot be resolved through the informal process shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplemental Rules.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Arbitration shall proceed on an individual basis.
The arbitrator may award the same individual remedies that would otherwise be available in court, subject to applicable law and these Terms.
The arbitration may be conducted remotely, by documents, by telephone or video conference, or at a reasonably accessible location as determined under the applicable AAA Rules.
Fees shall be allocated in accordance with applicable AAA consumer rules and applicable law.
If AAA is unavailable or declines to administer a dispute and the parties cannot agree upon another provider, a court of competent jurisdiction may appoint an alternative arbitration provider consistent with the intent of this Section.
Delegation of Arbitrability
EXCEPT WHERE APPLICABLE LAW REQUIRES A COURT TO DECIDE A PARTICULAR ISSUE, THE ARBITRATOR, AND NOT A COURT, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE CONCERNING THE INTERPRETATION, APPLICABILITY, EXISTENCE, FORMATION, SCOPE, VALIDITY, OR ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, INCLUDING ANY CLAIM THAT ALL OR PART OF THIS ARBITRATION AGREEMENT IS VOID OR VOIDABLE.
This delegation includes disputes concerning whether a particular claim is subject to arbitration.
Notwithstanding the foregoing, a court may determine issues concerning the enforceability of the class-action or representative-action waiver where applicable law requires judicial determination of that issue.
38. Small Claims and Injunctive Relief
Either party may bring an individual claim within the jurisdiction of an appropriate small-claims court instead of arbitration.
Nothing in these Terms prevents either party from seeking temporary, preliminary, emergency, or protective judicial relief where reasonably necessary to preserve rights pending arbitration.
Piatto may seek appropriate injunctive or equitable relief in a court of competent jurisdiction to address actual or threatened piracy, copyright infringement, trademark infringement, unauthorized access, credential trafficking, DRM circumvention, security threats, misappropriation, unauthorized distribution, or misuse capable of causing irreparable harm.
39. Class-Action and Representative-Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PIATTO AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING EXCEPT WHERE APPLICABLE LAW PROVIDES A NON-WAIVABLE RIGHT.
AN ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT USERS OR PRESIDE OVER A CLASS OR REPRESENTATIVE PROCEEDING WITHOUT THE EXPRESS WRITTEN CONSENT OF ALL AFFECTED PARTIES, EXCEPT FOR ADMINISTRATIVE COORDINATION EXPRESSLY PERMITTED UNDER APPLICABLE AAA MASS-ARBITRATION PROCEDURES WHILE THE UNDERLYING CLAIMS REMAIN INDIVIDUAL.
If a court finally determines that this waiver is unenforceable as to a particular claim or form of relief, that specific claim or relief may proceed in court while arbitrable portions remain subject to arbitration to the extent permitted by law.
40. Jury-Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DISPUTE THAT IS NOT SUBJECT TO ARBITRATION, YOU AND PIATTO KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY.
41. Governing Law and Court Venue
Except to the extent federal law governs arbitration or another law must apply notwithstanding a contractual choice-of-law provision, these Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles.
For claims properly proceeding in court rather than arbitration, the parties consent to personal jurisdiction and venue in state or federal courts with appropriate jurisdiction serving Norfolk County, Massachusetts, except where applicable consumer law requires otherwise.
42. Modifications to These Terms
Piatto may revise these Terms from time to time.
The updated version will identify its effective or last-updated date.
Material changes will be communicated in a manner reasonably designed to provide notice where required by law.
Changes apply prospectively from their effective date.
Piatto will not retroactively change the substantive rules governing a dispute that had already arisen merely to disadvantage a user.
Continued use of the Services after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.
43. Physical Merchandise Is Governed Separately
These Terms principally govern Piatto’s streaming, digital-content, membership, community, and related online Services.
Purchases of clothing, accessories, physical media, collectibles, merchandise, or other tangible Piatto products may be subject to separate Store Terms, Shipping Policies, Return Policies, product disclosures, and checkout terms.
If a physical-product policy conflicts with these Terms regarding a merchandise transaction, the more specific physical-product policy controls that transaction.
44. No Agency, Partnership, Employment, or Fiduciary Relationship
Nothing in these Terms creates a partnership, joint venture, fiduciary relationship, franchise, employment relationship, agency relationship, or other special relationship between you and Piatto.
Likewise, the appearance of a creator, performer, artist, musician, producer, sponsor, brand, or content partner through Piatto does not by itself establish a legal relationship between that person or entity and you.
Nothing in these consumer Terms defines the internal legal relationship between Piatto and its creators, artists, production partners, or licensors.
45. Assignment
You may not assign or transfer these Terms, your account, or your rights to the Services without Piatto’s prior written permission.
Piatto may assign these Terms in connection with a merger, acquisition, corporate restructuring, financing, sale of assets, transfer of the Piatto business, change of control, or similar transaction, subject to applicable law.
46. Force Majeure
Piatto will not be liable for delay or failure caused by events reasonably beyond its control, including Internet failures, telecommunications failures, power failures, cyberattacks, platform-provider outages, labor disputes, natural disasters, fires, floods, government action, war, terrorism, civil unrest, epidemics, pandemics, infrastructure failures, acts of God, or similar events.
This Section does not excuse obligations that applicable law prohibits Piatto from disclaiming.
47. Severability
If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent legally permissible and the remaining provisions shall remain in effect.
If a provision within the arbitration, class-action waiver, or dispute-resolution Sections is held invalid, those Sections shall be treated in accordance with their own specific severability language and applicable law.
48. Waiver
Failure by Piatto to enforce a provision does not waive its right to enforce that provision later.
A waiver must be express and authorized.
A waiver concerning one breach does not constitute a waiver concerning another breach.
49. Entire Agreement
These Terms, together with the Privacy Policy and other expressly incorporated policies or transaction-specific terms, constitute the agreement between you and Piatto concerning the Services and supersede prior inconsistent understandings regarding their subject matter.
50. Headings and Interpretation
Section titles are provided for convenience and do not limit the meaning of the provisions they describe.
The words “including,” “includes,” and similar expressions mean “including without limitation” unless the context clearly requires otherwise.
References to applicable law include amendments and successor provisions.
51. Contact and Legal Notices
Questions regarding these Terms may be directed to:
Piatto
Operated by GTPINC
Piatto Headquarters
63 Wyman Street
Stoughton, Massachusetts 02072
United States
Legal: Legal@PiattoPiatto.com
Telephone: +1 (617) 224-7835