For U.S. users the agreement is with WarnerMedia Direct, LLC and its affiliates
These Terms of Use, together with the extra conditions of your Subscription, are a legally binding agreement between you and the entity that provides you access to the Platform. If you are in the U.S. Service Area, that entity is WarnerMedia Direct, LLC. The terms "HBO Max," "us," "we" and "our" are defined to include that entity's subsidiaries and affiliates, so obligations and rights described as belonging to "HBO Max" can extend to those related companies. Users in other regions (LATAM, EMEA, APAC) contract with different entities named in the same section.
Supporting quotations
These Terms, together with the additional conditions of your Subscription (as defined in Section 2.2), govern your use of the Platform (as defined in this Section) and constitute a legally binding agreement between you and the entity providing you with access to the Platform, as identified below, and which includes any such entity’s respective subsidiaries or affiliates (individually and collectively referred to herein as “HBO Max,” “us,” “we” or “our”)
If you are in the U.S. Service Area (as defined in Section 5.9) the entity is WarnerMedia Direct, LLC.
If you are in the LATAM Service Area (as defined in Section 5.9) the entity is WarnerMedia Direct Latin America, LLC.
If you are in the EMEA Service Area (as defined in Section 5.9) the entities are HBO Nordic AB, HBO Europe s.r.o., Discovery Communications Benelux B.V., or BluTV İleti̇şi̇M Ve Di̇ji̇tAl Yayin Hi̇zmetleri̇ A.Ş., as applicable.
If you are in the APAC Service Area (as defined in Section 5.9) the entities are WarnerMedia Direct Asia Pacific, LLC or WarnerMedia Direct Australia Pty. Ltd, as applicable.
Qualifications & exceptions
Entity depends on the Service Area you are in; this analysis concerns the U.S. Service Area.
"HBO Max" is defined to include the entity's subsidiaries and affiliates, individually and collectively.
Legal Rights & Agreement Rules · Context
The Terms flag waivers, liability limits, indemnity and individual arbitration up front
A capitalised notice at the top says the Terms affect your legal rights and obligations, including waivers of rights, a limitation of liability and your indemnity to the company. It also says that, to the extent permitted by applicable law, the Terms require individual arbitration instead of courts or jury trials and limit the remedies available in a dispute. This notice is a signpost; the operative rules are in later sections (see the dispute resolution, class action waiver, liability and indemnity cards).
Supporting quotations
FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS OF USE (“TERMS,” “TERMS OF USE” OR “AGREEMENT”) CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY AND YOUR INDEMNITY TO US. ALSO NOTE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
Qualifications & exceptions
Arbitration requirement applies only "to the extent permitted by applicable law".
Legal Rights & Agreement Rules · Restriction or exception
If a court strikes one provision, the rest of the Terms stay in force
If a court decides any provision of the Terms is unlawful, void or unenforceable, that provision is treated as separable and the remaining provisions stay valid and enforceable.
Supporting quotations
If any provision of these Terms is determined by a court to be unlawful, void or for any reason unenforceable, that provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Qualifications & exceptions
Separate severability language also appears in the arbitration agreement (Section 5.4(j)).
Legal Rights & Agreement Rules · Context
"Platform" and "Content" are defined broadly, covering the app, websites, software and programming
"Content" means the programming, promotional materials and other content available through the Platform, including content bought through One-Time Purchases. "Platform" means that Content together with all other elements of the HBO Max premium streaming service: features, functionality, user interface, software, associated mobile applications, user communications, websites such as HBOMax.com and other technology platforms. The Platform gives you access to Content streamed over the internet to compatible devices. Because later rules (licence limits, restrictions, liability, disclaimers) are written in terms of the "Platform" and "Content," they reach the whole service, not just video streams.
Supporting quotations
The programming, promotional materials and other content, including content available via One-Time Purchases (as defined in Section 2.2), available through the Platform are collectively referred to in these Terms as “Content.” This Content, along with all other elements of the HBO Max premium content streaming service (“HBO Max”), including its features, functionality, user interface, software, associated mobile applications, user communications, websites (such as [https://HBOMax.com](https://HBOMax.com)) and other technology platforms, are collectively referred to in these Terms as the “Platform.”
The Platform provides you with access to the Content streamed over the internet to compatible devices.
Qualifications & exceptions
The definition of "Platform" includes user communications and associated mobile applications.
Legal Rights & Agreement Rules · Company practice
The Platform can be unavailable for any reason, including maintenance or events beyond the company's control
From time to time the Platform may be unavailable for any reason, including equipment malfunctions, periodic maintenance or repairs, and causes beyond the company's control or that it cannot reasonably foresee.
Supporting quotations
From time to time the Platform may be unavailable for any reason, including, without limitation: (a) equipment malfunctions; (b) our periodic maintenance procedures or repairs; or (c) causes beyond our control or that we cannot reasonably foresee.
Qualifications & exceptions
Related disclaimers: Section 5.1 (no warranty of availability) and Section 5.11 (force majeure).
Legal Rights & Agreement Rules · Restriction or exception
You may access the Platform only within the Service Area, and Content and features can shift outside your Home Country
You may access the Platform only within the Service Area, and the company can enforce restrictions based on the location from which you access it. When you access the Platform outside your Home Country, the Content, the Content Ratings and other features and functionality may shift based on your location. Section 5.9 defines the Home Country and the Service Areas and adds a ban on masking your location.
Supporting quotations
You may access the Platform only within the Service Area. Restrictions may be enforced according to the location from which you are accessing the Platform.
When you are accessing the Platform outside of your Home Country, the Content, Content Ratings, as well as other features and functionality of the Platform, may shift based on your location.
Qualifications & exceptions
The Service Area is the combined U.S., LATAM, EMEA and APAC Service Areas, so it is wider than the U.S. Service Area alone.
Legal Rights & Agreement Rules · Company practice
Content varies by plan and changes constantly; the company can change or disable any Content without notice
The Content you can watch depends on your Subscription, and the periods in which each title can be viewed depend on the rights available for it and the terms of your Subscription. Content, including content within each plan, changes regularly, so series, films and live events may appear or disappear during your Subscription. The company reserves the right to change Content, including entire categories, without notice, and may disable access to any Content at any time, with or without notice, regardless of posted access windows or programming schedules.
Supporting quotations
The Content available to you may also vary based upon your Subscription.
The Content on the Platform (including the Content within each Subscription plan) will change regularly.
We reserve the right to change the Content (including entire categories of Content) that is available on the Platform without notice.
We may disable access to any Content at any time, with or without notice, and regardless of the posted access windows or programming schedules.
Legal Rights & Agreement Rules · Company practice
Picture and sound quality depend on plan, connection, location and device; not every title gets the top format
The company says it uses various technologies to give an optimal viewing experience, but quality, including resolution and start-up time, can vary with your Subscription plan, the format of the Content, your location, your internet or mobile data speed and bandwidth, and your device. HD, Ultra HD, 4K and Dolby Atmos availability depends on your plan, internet service and device. Not every plan allows every format, not every title is available in every format, and not every title within a plan may be offered at the highest picture or sound quality.
Supporting quotations
the viewing quality of Content, including resolution and the time it takes to begin playing Content, may vary based on your Subscription plan, the format of the Content, your location, the speed and bandwidth of your internet or mobile data service and the capabilities of the devices used, among other factors.
HD, Ultra HD and 4K Ultra HD availability, as well as Dolby Atmos audio, if and as applicable, for certain Content depends on your Subscription plan, internet service and device capabilities.
Not all Subscription plans allow you to access Content in all formats, not all Content is available in all formats and not all Content within each Subscription Plan may be available at the highest video resolution or sound quality.
Legal Rights & Agreement Rules · Restriction or exception
Not all Content is available on every profile, device or place; availability and descriptions are not guaranteed
Not all Content is available to all Authorized Users on all compatible devices. Access can depend on your plan, your geographic location (for example, you will not be able to access certain Content outside your Home Country), your ability to keep an internet connection, bandwidth and your equipment. The company does its best to keep Content descriptions up to date but does not guarantee they are complete, current or accurate, and does not guarantee the availability of any particular Content at any time.
Supporting quotations
Additionally, not all Content will be available to all Authorized Users across all compatible devices.
Access to certain Content may depend upon your Subscription plan, your geographic location (e.g., you will not be able to access certain Content outside your Home Country), whether you are able to maintain an internet connection, or sufficient bandwidth and the equipment used to access the Platform.
While we do our best to keep the Content descriptions up to date, we do not guarantee that these descriptions will always be complete, current or accurate. We also do not guarantee the availability of any particular Content at any time.
Legal Rights & Agreement Rules · Restriction or exception
Content may be unsuitable for some ages, ratings and descriptions are only suggestions, and you accept the risk
The Platform offers Content that may not be appropriate for all ages or viewers. Content types, genres, categories and descriptions are provided only as suggestions to help with navigation. You may disagree with how Content is rated, some Content may be unrated and may include strong or profane language, violence, alcohol, tobacco, drug use, nudity, sexual content or mature themes. By accessing the Content you acknowledge and accept these risks.
Supporting quotations
THE PLATFORM OFFERS CONTENT THAT MAY NOT BE APPROPRIATE FOR ALL AGES OR VIEWERS.
CONTENT TYPES, GENRES, CATEGORIES AND DESCRIPTIONS ARE PROVIDED AS SUGGESTIONS TO HELP WITH NAVIGATION.
By accessing the Content, you acknowledge and accept these risks.
Legal Rights & Agreement Rules · Restriction or exception
Parental Controls may be delayed or fail, ratings are not guaranteed, and you remain responsible for supervision
Changes to Parental Controls may not take effect immediately, and there can be a delay. The company does not guarantee that any movie or television rating is accurate, and the Parental Controls and the privacy protections attached to them may not always keep out Content that you or an Authorized User find objectionable. The text lists situations where this can happen: no Kid's Profile for a minor, no Parent Code or Profile PIN enabled, disagreement with a rating, delayed settings, a Kid's Profile user who knows a Profile PIN, or a Kid's Profile user who knows the Parent Code. If you or an Authorized User choose to view general-audience, adult or mature Content you acknowledge possible exposure to nudity, sexual activity, violence, adult language and substance use. You are solely responsible for monitoring and supervising all use of your account, including by Authorized Users.
Supporting quotations
Please note that changes made to Parental Controls may not take effect immediately, and during some periods there could be a delay before your new settings become effective.
We do not guarantee that any movie or television ratings are accurate. The Parental Controls and privacy protections that attach to those controls may not always be effective in restricting Content that you or any Authorized User consider objectionable.
This may happen if: (a) you do not create a Kid’s Profile for any minor child; (b) you do not enable a Parent Code or Profile PIN; (c) you disagree with the Content rating or age classification; (d) changes made to Parental Controls are delayed or do not take effective immediately; (e) an Authorized User of a Kid’s Profile has access to the Profile PIN to view Content from another Authorized User with no or different Parental Control settings; or (f) the user of a Kid’s Profile has access to the Parent Code to change the Parental Control settings.
You are solely responsible for monitoring and supervising all use of your HBO Max Account, including those of each Authorized User.
Qualifications & exceptions
The company states that the privacy protections attached to Parental Controls, not only the content filters, may not always be effective.
Some Content carries ads even on plans described as ad-free, and live Content can show ads on any plan
Certain Content may be ad-supported, meaning it contains advertising, sponsorships or other commercial interruptions, regardless of your Subscription plan, and which Content that is can change over time. This includes Content within plans described as ad-free or containing no ads, for example where the company's rights require certain Content to stream with advertising or where ads are served in live or linear content. Live Content may also contain advertising, sponsorships or other commercial interruptions no matter which plan you choose.
Supporting quotations
Certain Content within the Platform regardless of Subscription plan may be ad-supported which means that it contains advertising, sponsorships or other commercial interruptions, and that Content may change from time to time.
This includes Content within Subscription plans described as ad-free or containing no ads and may be for reasons such as where our rights require certain Content to stream with advertising or where advertisements are served in live or linear content.
No matter which Subscription plan you select, live Content may contain advertising, sponsorships or other commercial interruptions.
Legal Rights & Agreement Rules · Company practice
Every plan can include promotions for HBO Max titles and for affiliates' content, events, podcasts and games
All Subscription plans may contain promotional content such as trailers, extras and previews about Content on or coming to HBO Max, including theatrical releases and messages about upgrading to view Content in a higher visual or audio format. From time to time all plans may also include promotional messages about content or services distributed by the company's parent, subsidiary or affiliated entities, or that relate to HBO Max Content but are available outside the Platform, including events, experiences, companion podcasts and companion video games.
Supporting quotations
Separately, all Subscription plans on the Platform may contain promotional content, including but not limited to trailers, extras, and previews about Content on or coming to HBO Max (including theatrical releases and messaging informing you of upgrade opportunities to view Content mastered in a higher visual or audio format).
In addition, from time to time, all Subscription plans on the Platform may contain promotional messaging about content or services distributed by our parent, subsidiary or affiliated entities or that relate to HBO Max Content but are available outside the Platform (including but not limited to events, experiences, companion podcasts and companion video games).
Legal Rights & Agreement Rules · Restriction or exception
The company disclaims responsibility for advertisers, including when you give an advertiser personal information
The company does not endorse any third-party advertiser, product or service on the Platform and takes no responsibility for them. Any interactions you have with an advertiser through the Platform are between you and the advertiser. If you engage in any transaction with an advertiser, including by giving the advertiser personal information, you agree the company is not responsible for that transaction or for the personal information you provide, and that it is not liable for any claim or loss that results from your dealings with an advertiser.
Supporting quotations
We do not endorse any third-party advertiser, product or service featured on the Platform nor do we take any responsibility for any such third-party advertiser, product or service. Any interactions you may have with an advertiser as a result of using the Platform will be between you and such advertiser.
If you engage in any transaction with an advertiser featured on the Platform, including providing that advertiser with any personal information, you agree that we are not responsible for such transaction or provision of personal information, and you further agree that we are not liable for any claim or loss that may result from your engagement with any advertiser.
Not stated here
The Terms do not say whether the company passes any user information to advertisers; that is not addressed in this document.
Legal Rights & Agreement Rules · Permission or license
By subscribing you consent to Service Updates without further notice, and some updates are mandatory
From time to time the company may release updates, bug fixes or other enhancements to the Platform ("Service Updates"). By subscribing, you consent to receive all Service Updates without further notice. Updates may be automatic, such as general website changes and data updates the Platform needs; at your election, with instructions to authorise optional updates; or mandatory, meaning you must consent to the update or install or upgrade a third-party plug-in to keep access to the Platform. The Platform may be unavailable during a Service Update.
Supporting quotations
At various times, we may choose to make available updates, bug fixes or other changes or enhancements to the Platform (collectively, “Service Updates”). By subscribing to the Platform, you consent to receive all Service Updates without further notice.
(a) Automatic, such as in connection with general website changes and additional features or updates to data required by the Platform;
(b) At your election, in which case you will receive information and instructions for how to authorize optional Service Updates; or
(c) Mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in to maintain access to the Platform.
Please note that the Platform may be unavailable during a Service Update.
Legal Rights & Agreement Rules · Company practice
The company may change, rename, rebrand or remove Platform features and device support for a range of reasons
The company may regularly update and change the Platform, for reasons including: changing the structure, design or layout of the Platform or any plan (including renaming or rebranding it) or amending, improving, expanding or removing features; changing the list of compatible devices and software, including ending support for older devices or operating systems; keeping the Platform operable; improving security and anti-piracy measures; and complying with law. The word "including" means the listed reasons are examples, not a complete list.
Supporting quotations
We may regularly make updates and changes to the Platform for various reasons, including but not limited to the following to: (i) alter the structure, design or layout of the Platform or any Subscription plan, including changing the name of the Platform, Subscription plans or re-branding, or amending, improving, expanding and/or removing the features and functionalities available on the Platform or as part of a specific Subscription plan; (ii) modify the list of compatible devices and software (including to remove support for the Platform on certain older device types, models, operating systems or categories that are no longer compatible); (iii) maintain the operability of the Platform; (iv) improve security and anti-piracy parameters; or (v) ensure compliance with applicable laws.
Qualifications & exceptions
The list of reasons is introduced by "including but not limited to".
Legal Rights & Agreement Rules · Procedure
Copyright owners can report infringing Content to a designated Copyright Agent with six listed items
If you believe Content on the Platform infringes your copyright under the laws of the Service Area, you send the Copyright Agent: your full name, address, telephone number and email address; a description of the copyrighted work; the exact URL or a detailed description of where the allegedly infringing material is; a statement of good faith belief that the use is not authorised by the owner, its agent or the law; an electronic or physical signature of the person authorised to act for the owner; and a statement that the information is accurate and that you are the owner or authorised to act for the owner. The Copyright Agent is the Legal Department at WarnerMedia Direct, LLC, 230 Park Ave South, New York, NY 10003, copyrightviolations@HBOMax.com.
Supporting quotations
If you believe that any Content on the Platform infringes your copyright under the laws of the Service Area, submit the following information to our designated Copyright Agent:
Your full name, address, telephone number, and email address;
A description of the copyrighted work that you believe has been infringed;
The exact URL or a detailed description of where the allegedly infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
An electronic or physical signature of the person authorized to act on behalf of the copyright owner; and
A statement by you that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
WarnerMedia Direct, LLC
230 Park Ave South
New York, NY 10003
Attn: Legal Department/Copyright Agent
Email: copyrightviolations@HBOMax.com
Not stated here
The text does not say what the company does after receiving a copyright notice, such as removal or notice to the uploader.
Legal Rights & Agreement Rules · Restriction or exception
The Platform is provided "as is" with no warranties, including for availability, viewing quality or virus-free service
The additional legal terms apply to the fullest extent permitted by applicable law. The Platform is provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, content availability and viewing quality, and non-infringement. The company does not warrant that the Platform will be available, uninterrupted or error-free, that defects will be corrected, or that the Platform or its servers are free of viruses or other harmful components.
Supporting quotations
To the fullest extent permitted by applicable law, the following additional legal terms apply:
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTENT AVAILABILITY AND VIEWING QUALITY AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE PLATFORM WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Qualifications & exceptions
The warranty disclaimer applies "to the fullest extent permitted by applicable law"; the text does not list which jurisdictions limit it.
Legal Rights & Agreement Rules · Restriction or exception
The company and a wide group of related parties are not liable for indirect, consequential or punitive damages
You agree that HBO Max, its parent, subsidiary and affiliated entities, Third Party Providers, distributors, suppliers, licensors and assigns, and their employees, officers, members and directors (the "Released Parties") are not liable to you or any third party for indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits or lost data, arising out of or in connection with the Platform. The exclusion applies only to the extent permitted by applicable law, and the text notes that some jurisdictions do not allow certain exclusions or limits.
Supporting quotations
YOU AGREE THAT HBO MAX AND OUR PARENT, SUBSIDIARY AND AFFILIATED ENTITIES, THIRD PARTY PROVIDERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”)
ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF SOME TYPES OF DAMAGES. THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Qualifications & exceptions
Covers third parties as well as you ("you or any third party").
The Released Parties include Third Party Providers, distributors, suppliers and licensors, not just the company.
Legal Rights & Agreement Rules · Restriction or exception
You agree your damages are not irreparable, so you cannot get an injunction that restricts access to the Platform
You agree that any damages you suffer under the Agreement are not irreparable and are not enough to entitle you to an injunction or other equitable relief that would restrict the availability of the Platform, or any person's ability to access any part of it.
Supporting quotations
YOU AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THIS AGREEMENT ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF, OR ANY PERSON’S ABILITY TO ACCESS, ANY PORTION OF THE PLATFORM.
Qualifications & exceptions
The limit is about relief restricting access to the Platform; it does not by its words bar every kind of injunction.
Legal Rights & Agreement Rules · Restriction or exception
Any claim about the Platform or the Agreement must be started within one year or it is permanently barred
To the extent permitted by applicable law, any claim relating in any way to the Platform or the Agreement must be commenced within one year of the events that first gave rise to it. If not, both you and the company are permanently barred from pursuing the claim. Section 5.4(b) adds that limitation periods and filing-fee deadlines are tolled while the parties go through the mandatory informal dispute resolution process, so the one-year clock does not run during that process.
Supporting quotations
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE PLATFORM OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIM.
IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND WE ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.
Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Subsection 5.4(b).
Qualifications & exceptions
Applies both to claims you bring and claims the company brings.
Applies only "to the extent permitted by applicable law".
Legal Rights & Agreement Rules · Restriction or exception
You must indemnify Subscription Providers and related parties for third-party claims from your breach or alleged breach
You agree to indemnify and hold harmless the Subscription Provider(s) and their parents, subsidiaries, affiliates, partners, agents and licensors, and the officers, directors, employees, members and shareholders of all of them (the "Indemnified Parties"), against all third-party claims, losses, expenses, damages and costs, including reasonable attorney's fees, resulting from your actual or alleged breach of the Agreement. "Subscription Provider" includes Third Party Providers, so the protected group can include your app store or TV or mobile provider. The trigger includes an alleged breach, not only a proven one.
Supporting quotations
You agree to indemnify and hold harmless the Subscription Provider(s) and their respective parents, subsidiaries, affiliates, partners, agents and licensors, and the officers, directors, employees, members and shareholders of all of the foregoing (collectively, the “Indemnified Parties”)
from and against all third party claims, losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from your actual or alleged breach of this Agreement.
Qualifications & exceptions
Covers third-party claims; the text does not say it covers the company's own direct claims against you.
Legal Rights & Agreement Rules · Restriction or exception
You must cooperate in the company's defense, it can take over indemnified matters, and you cannot settle them alone
You must cooperate as fully and as reasonably as required in the company's defense of any claim. The company reserves the right, at its own expense, to take over the exclusive defense and control of any matter otherwise subject to your indemnification, and you may not settle any such matter without the company's written consent.
Supporting quotations
You will cooperate as fully and as reasonably required in our defense of any claim.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our written consent.
Legal Rights & Agreement Rules · Procedure
After a complete Notice there is a 60-day good-faith period, with an optional settlement conference, before arbitration
After the company receives a completed Notice, the parties must make a good-faith effort to resolve the dispute for 60 days, which can be extended by agreement. The recipient may request an individualized telephone or video settlement conference, which can be held after the 60 days, and both sides will personally attend with counsel if represented. If the issues in the Notice are not resolved within 60 days after the completed Notice is received (or a longer agreed time), either side may start an arbitration or a small claims court case, where small claims rules permit.
Supporting quotations
After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement).
the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented).
If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Legal Rights & Agreement Rules · Restriction or exception
Completing the Notice and informal process is a condition to arbitration; a court can block a non-compliant case
Complying with the mandatory pre-arbitration notice and informal dispute resolution procedures is a condition precedent to starting arbitration. Limitation periods, including statutes of limitations, and filing-fee deadlines are tolled while the parties go through those procedures. If any requirement has not been met, a court of competent jurisdiction may enjoin filing or pursuing the arbitration. Unless prohibited by law, the arbitration administrator may not accept, administer, assess or demand fees for an arbitration started without completing the process, and a pending arbitration shall be administratively closed. A party can still seek damages for non-compliance in arbitration.
Supporting quotations
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration.
Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Subsection 5.4(b).
If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration.
If the arbitration is already pending, it shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.
NAM administers the arbitration under its rules, and a signed certification must accompany the demand
The arbitration is governed by the applicable rules of National Arbitration & Mediation (NAM), including its Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitration Filings, as modified by the Arbitration Agreement, and is administered by NAM. If NAM is unavailable or unwilling, the parties pick another provider, or a court does if they cannot agree. The NAM Rules are available online, by phone at 1-800-358-2550, or in writing at the Notice Address, and a form to start arbitration is available from NAM. The party starting arbitration must submit a certification that it completed the Notice and Informal Dispute Resolution requirements and is a party to the Arbitration Agreement; the demand and certification must be personally signed by that party and its counsel, if represented.
Supporting quotations
The arbitration will be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), as modified by this Arbitration Agreement, and will be administered by the NAM.
(If the NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. § 5.)
by calling NAM at 1-800-358-2550, or by requesting them in writing at the Notice Address.
the party initiating arbitration must submit a certification that they have complied with and completed the Notice and Informal Dispute Resolution requirements
The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
Not stated here
The first sentence of the paragraph on the certification is worded awkwardly ("You and we agree as otherwise expressly provided herein and except as to the party initiating arbitration must submit a certification"), so the exact exception it intends is unclear.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator decides most issues, but a court decides whether the arbitration clause applies and is enforceable
All issues are for the arbitrator to decide, except issues about the scope and enforceability of the Arbitration Agreement or whether a dispute can or must be brought in arbitration, including whether it falls under this clause or an earlier arbitration provision, which are for a court of competent jurisdiction. The arbitrator may consider, but is not bound by, rulings in other arbitrations involving different customers.
Supporting quotations
All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the Arbitration Agreement or whether a dispute can or must be brought in arbitration
which are for a court of competent jurisdiction to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers.
Legal Rights & Agreement Rules · Procedure
Hearings default to your billing county with in-person attendance, and the decision binds only you and the company
Unless you and the company agree otherwise, or the NAM Rules say otherwise, arbitration hearings take place in the county (or parish) of your billing address, and you and an HBO Max representative must attend in person. At the end the arbitrator issues a reasoned written decision explaining the essential findings and conclusions. The decision is binding only between you and the company and has no preclusive effect in another arbitration or proceeding involving a different party. An award that has been fully satisfied shall not be entered in any court.
Supporting quotations
Unless we and you agree otherwise, or the applicable NAM Rules dictate otherwise, any arbitration hearings will take place in the county (or parish) of your billing address and you and an HBO Max representative will be required to attend in person.
the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The arbitrator’s decision is binding only between you and HBO Max and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
Legal Rights & Agreement Rules · Restriction or exception
Lawyers certify claims are not frivolous, and the arbitrator may sanction parties and counsel
Counsel representing a party in arbitration certifies, when starting and continuing the case, that they comply with Federal Rule of Civil Procedure 11(b), including that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator may impose sanctions under the NAM Rules, Rule 11 or applicable federal or state law against all appropriate represented parties and counsel.
Supporting quotations
you and HBO Max agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b)
The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator can grant any remedy a court could, but each side normally bears its own attorneys' fees
Except as the Arbitration Agreement expressly provides, the arbitrator may grant any remedy, relief or outcome the parties could have received in court, including attorneys' fees and costs under applicable law. Unless the law provides otherwise, each party bears its own attorneys' fees and costs in arbitration, unless the arbitrator awards sanctions or finds that the substance of the claim, the defense or the relief sought is frivolous or brought for an improper purpose, as measured by Federal Rule of Civil Procedure 11(b).
Supporting quotations
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including the awards of attorneys’ fees and costs in accordance with applicable law.
Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose
Qualifications & exceptions
Other parts of Section 5.4 limit relief, including the individualized-relief rule and the offer-of-settlement cost shifting.
Legal Rights & Agreement Rules · User right or choice
Either party can ask for a confidentiality order covering information disclosed in the arbitration
If either party asks, the arbitrator will issue an order that confidential information of either party disclosed during the arbitration, in documents or orally, may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the award. Any permitted court filing of confidential information must be made under seal to the furthest extent the law allows.
Supporting quotations
Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award
any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Legal Rights & Agreement Rules · Restriction or exception
Relief is limited to you personally, class and representative claims are barred, and failed bans go to court
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as far as needed for that party's individual claim. To the fullest extent permitted by law, each side may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, representative or private attorney general proceeding. Unless both sides agree otherwise, the arbitrator may not consolidate more than one person's claims or preside over a representative, class or private attorney general proceeding. If, after all appeals, any of these prohibitions is found unenforceable for a particular claim or request for relief, that claim or request is decided by a court after all other arbitrable claims and requests are arbitrated.
Supporting quotations
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class or private attorney general proceeding.
then the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated.
Legal Rights & Agreement Rules · Restriction or exception
Section 5.4 replaces any earlier arbitration agreement with the company, including for older claims
You agree that any arbitration between you and the company is subject to Section 5.4 and not to any earlier arbitration agreement you had with the company. Despite any contrary provision, Section 5.4 amends any earlier arbitration agreement, including as to claims that arose before this or any earlier arbitration agreement.
Supporting quotations
You agree that any arbitrations between you and HBO Max will be subject to this Section 5.4 and not to any prior arbitration agreement you had with HBO Max, and, notwithstanding any provision in this Agreement to the contrary, you agree that this Section 5.4 amends any prior arbitration agreement you had with HBO Max, including with respect to claims that arose before this or any prior arbitration agreement.
Legal Rights & Agreement Rules · User right or choice
You can reject a future change to the arbitration terms within 30 days, but this does not let you opt out of arbitration
If the company makes a future change to the Arbitration Agreement, other than a change to the Notice Address, you may reject that change by emailing notice@wbd.com from the email address associated with your HBO Max subscription within 30 days of notice of the change. The email must give your full legal name, mailing address, phone number, any username or email tied to an account or newsletter, and when and how you subscribed. You must send it personally, not through an agent or attorney, and include a personally signed statement that you reject the change. The Terms state that this is not an opt out of arbitration altogether.
Supporting quotations
if HBO Max makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending HBO Max an email from the email address associated with your HBO Max subscription to notice@wbd.com within 30 days of notice of the change
Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to reject the change to the Arbitration Agreement.
This is not an opt out of arbitration altogether.
5.4. DISPUTE RESOLUTION:
Qualifications & exceptions
This 30-day rejection right is a specific exception to the general rule in Section 5.13 that continued use means you accept changed Terms.
Not stated here
The Terms do not say how the company gives "notice of the change" that starts the 30-day period.
25 or more similar claims through the same or coordinated counsel trigger a separate staged mass-filing process
If at any time 25 or more claimants, including you, submit Notices or seek to file arbitration demands raising similar claims against the other party or related parties through the same or coordinated counsel or entities, in line with the Mass Filing criteria in NAM's Mass Filing rules, extra procedures apply. Counsel for both sides must meet and confer about changing the procedures to fit the case, and you and the company acknowledge that taking part in a Mass Filing may delay the adjudication of the dispute. Limitation periods and filing-fee deadlines are tolled from when the pre-arbitration Notice procedures begin, if the Notice complies with Section 5.4(b), until the claim is selected for the staged process or is settled, withdrawn, otherwise resolved or opted out of arbitration.
Supporting quotations
If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities
The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed.
Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in Subsection 5.4(b), until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Qualifications & exceptions
The trigger depends on shared or coordinated counsel or entities, not on 25 unrelated claimants.
Legal Rights & Agreement Rules · Procedure
Mass filings proceed in stages of 50, 100 and 200 claims, with no fees on claims not yet selected
Stage One: counsel for the claimants and for the company each pick 25 claims (50 total) to be filed and proceed as individual arbitrations, each before a different single arbitrator unless the parties agree otherwise in writing. Remaining claims are not filed or treated as filed, and no arbitration fees are assessed on them, until they are selected. After Stage One the parties promptly hold a global mediation of all remaining claims with a retired federal or state judge, and the company pays the mediator's fee. Stage Two repeats this with 50 claims per side (100 total), again followed by a global mediation paid for by the company. Stage Three uses 100 claims per side (200 total); afterwards counsel for claimants may elect a global mediation with a retired judge.
Supporting quotations
Counsel for the claimants and counsel for HBO Max shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process.
Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.
After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and HBO Max shall pay the mediator’s fee.
counsel for the claimants and counsel for HBO Max shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process
HBO Max shall pay the mediator’s fee.
counsel for the claimants and counsel for HBO Max shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process
Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
Not stated here
The text does not say who pays the mediator's fee for the optional mediation after Stage Three.
Legal Rights & Agreement Rules · User right or choice
After the staged process, you or the company can opt a claim out of arbitration and into court
If your claim is not resolved in the staged process, either side may opt out of arbitration and have the claim heard in court. You do this by emailing a personally signed notice to notice@wbd.com from the email address tied to your subscription, within 30 days after the end of Stage 3 or the optional Stage 3 mediation. It must be sent by you personally, not by an agent or attorney. The company may opt your claim out of arbitration by sending a personally signed notice to your counsel within 14 days after your 30-day window expires, and counsel for the parties may agree to adjust these deadlines.
Supporting quotations
If your claim is not resolved as part of the staged process identified above, either:
Option One: You and HBO Max may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with the Agreement.
Such an opt-out email must be sent by you personally, and not by your agent, attorney or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3.
HBO Max may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30 day opt out period. Counsel for the parties may agree to adjust these deadlines.
Qualifications & exceptions
This opt-out exists only for claims in the mass-filing process; the general arbitration clause has no opt out, and Section 5.4(h) says the rejection right for future changes is not an opt out of arbitration.
Not stated here
The text refers to the company opting out "to your counsel", so it is unclear how a claimant without a lawyer would be notified.
Without a court opt out, mass-filing claims are arbitrated 200 at a time, selected randomly or by counsel's process
If neither side elects court under Option One, your claim is resolved in continuing staged individual arbitration proceedings. If more than 200 claims remain, 200 are randomly selected, or chosen through a process agreed by counsel, to be filed and proceed as individual arbitrations; if fewer than 200 remain, all of them proceed. Remaining claims are not filed or deemed filed, and no arbitration fees are assessed on them, until they are selected. After each set of 200 claims is adjudicated, settled, withdrawn or resolved, the process repeats. Counsel are encouraged to meet and confer, mediate and work with NAM, including a Procedural Arbitrator, to streamline claims and resolve the remainder.
Supporting quotations
Option Two: If neither you nor HBO Max elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below.
Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process.
After each set of 200 claims are adjudicated, settled, withdrawn or otherwise resolved, this process shall repeat consistent with these parameters.
Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.
Qualifications & exceptions
Section 5.4(i) acknowledges that taking part in a Mass Filing might delay the adjudication of a dispute.
Legal Rights & Agreement Rules · Restriction or exception
A court can enforce the mass-filing rules, and if they are unenforceable for your claim it goes to court
A court of competent jurisdiction has authority to enforce the Mass Filing provisions and, if necessary, to stop the mass filing, prosecution or administration of arbitrations and the assessment of arbitration fees. If these procedures apply to your claim and a court decides they cannot be enforced as to it, your claim proceeds in court. You and the company also state that you value the integrity and efficiency of arbitration, will act in good faith to follow the process, and agree the Mass Filing procedures are reasonably designed to produce an efficient and fair result.
Supporting quotations
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees.
If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with this Agreement.
You and HBO Max acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
Legal Rights & Agreement Rules · Restriction or exception
If part of the arbitration agreement is invalid, it is replaced by the closest valid wording and the rest stays in force
If any portion of the Arbitration Agreement is found void, invalid or unenforceable, that portion is severable and, if possible, replaced by a valid and enforceable provision that matches the original intent as closely as possible. The rest of the Arbitration Agreement stays valid and enforceable.
Supporting quotations
If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible.
The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
Qualifications & exceptions
The class-action and individualized-relief rules have their own fallback in Section 5.4(g): if a prohibition is unenforceable for a claim, a court decides that claim.
Legal Rights & Agreement Rules · Restriction or exception
Both sides waive class, collective and representative claims, but may join a class-wide settlement
To the fullest extent permitted by law, you and the company agree that each may bring claims, whether in court or in arbitration, only in an individual capacity, and not as a plaintiff, claimant or class member in any class, collective, consolidated, private attorney general or representative proceeding. You may not bring a claim for another person unless acting as a parent, guardian or ward of a minor or in a similar capacity for someone who cannot bring their own claim. You also may not take part in such a proceeding brought by a third party. The exception is that either of you may participate in a class-wide settlement.
Supporting quotations
You and HBO Max agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant or class member in any class, collective, consolidated, private attorney general or representative proceeding.
may not bring a claim on behalf of any other person unless doing so as a parent, guardian or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim.
This also means that you and HBO Max may not participate in any class, collective, consolidated, private attorney general or representative proceeding brought by any third party. Notwithstanding the foregoing, you or HBO Max may participate in a class-wide settlement.
Qualifications & exceptions
Applies "to the fullest extent permitted by law".
Applies in court as well as in arbitration.
Legal Rights & Agreement Rules · Restriction or exception
Both sides give up the right to a jury trial, to the fullest extent the law allows
To the fullest extent permitted by law, you and the company waive any right to a jury trial. The arbitration agreement also states a mutual waiver of the right to a jury trial and to take part in a class action.
Supporting quotations
To the fullest extent permitted by law, you and HBO Max waive any right to a jury trial.
Qualifications & exceptions
Applies "to the fullest extent permitted by law".
Legal Rights & Agreement Rules · Restriction or exception
Your agreement is with the company, not your Third Party Provider, which has no duty to maintain the Platform
The Terms, together with the extra conditions of your Subscription, are an agreement between you and the company, not between you and any Third Party Provider. Unless the Terms say otherwise, Third Party Providers have no obligation to provide technical maintenance for the Platform or to respond to product claims about it, and they are not responsible for product or intellectual property claims linked to the Platform. You are told to review your Third Party Provider's own terms to confirm you comply with them.
Supporting quotations
This Agreement, together with the additional conditions of your Subscription, constitute an agreement between you and us, and not between you and any other Third Party Provider(s).
Unless otherwise specified in these Terms, Third Party Providers will have no obligation to provide technical maintenance for the Platform or respond to product claims regarding the Platform. Third Party Providers are not responsible for any product or intellectual property claims associated with the Platform.
Please review your Third Party Provider’s terms of use and user agreements to confirm your compliance with those terms.
Qualifications & exceptions
Third Party Providers still count as "Subscription Providers" for billing, suspension and indemnity purposes elsewhere in the Terms.
Legal Rights & Agreement Rules · Restriction or exception
On an iOS device you must also follow Apple's App Store terms, and Apple can enforce this Agreement against you
If you access the Platform on an iOS device you must also comply with the App Store Terms of Use. You acknowledge and agree that Apple, Inc. and its subsidiaries are third-party beneficiaries of the Agreement. When you accept the Agreement, Apple has the right, and is deemed to accept the right, to enforce it against you as a third-party beneficiary.
Supporting quotations
If you access the Platform via an iOS device, you must also comply with the App Store Terms of Use.
You acknowledge and agree that Apple, Inc. (“Apple”), and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof.
Qualifications & exceptions
Section 5.15 elsewhere says no third party is entitled to benefit under the Agreement; this iOS provision is the stated exception for Apple and its subsidiaries.
Not stated here
The App Store Terms of Use are a separate document and are not supplied here.
"Service Area" means the U.S., LATAM, EMEA and APAC regions together, so access is allowed across all of them
The Terms define the LATAM Service Area (Anguilla to Venezuela, including Mexico, Brazil and Argentina), the EMEA Service Area (the HBO Nordic, HBO Europe, DCB and BluTV areas, including France, Spain, Poland and Türkiye) and the APAC Service Area (Singapore, Hong Kong, Taiwan, Malaysia, the Philippines, Indonesia, Thailand and Australia). The U.S., LATAM, EMEA and APAC Service Areas are collectively the "Service Area." Because the access rule refers to the Service Area, a U.S. subscriber may access the Platform in any of these regions, subject to the Home Country limits on Content, downloads and features. Each region has its own contracting entity and contact address.
Supporting quotations
The “LATAM Service Area” includes Anguilla, Antigua and Barbuda, Argentina
The “EMEA Service Area” includes the HBO Nordic Service Area, the HBO Europe Service Area, the DCB Service Area and the BluTV Service Area, as each is defined in this Section.
The “HBO Nordic Service Area” includes Andorra, Belgium, Denmark, Finland, France, Norway, Spain, Sweden, Portugal, and the Netherlands.
The “HBO Europe Service Area” includes Bulgaria, Bosnia Herzegovina, Croatia, Czech Republic, Hungary, North Macedonia, Moldova, Montenegro, Poland, Romania, Serbia, Slovakia and Slovenia.
The “DCB Service Area” includes: Albania, Armenia, Cyprus, Estonia, Georgia, Iceland, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Malta and Tajikistan.
The “BluTV Service Area” includes Türkiye.
The “APAC Service Area” includes (a) Singapore, Hong Kong, Taiwan, Malaysia, Philippines, Indonesia and Thailand and (b) Australia.
The U.S. Service Area, the LATAM Service Area, the EMEA Service Area and the APAC Service Area are collectively referred to in these Terms as the “Service Area.”
Qualifications & exceptions
The text lists countries under each region; this card summarizes them and the full lists are in the source.
Legal Rights & Agreement Rules · Restriction or exception
New York law governs, and non-arbitrated disputes go exclusively to courts in New York County
The Agreement is governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute that is not subject to arbitration under Section 5.4, and any issue about arbitrability or enforcement of Section 5.4, must be brought in the appropriate state or federal court in New York County, New York. You and the company each irrevocably consent to the exclusive jurisdiction and venue of those courts for non-arbitral claims. Section 5.4 separately lets either side take an individualized claim to small claims court, and arbitration hearings default to the county of your billing address.
Supporting quotations
This Agreement shall be governed by the laws of the State of New York, without regard to conflict of law principles.
Any dispute that is not subject to arbitration under Section 5.4 of this Agreement or any issues involving arbitrability or enforcement of any provisions under Section 5.4 shall be brought in the appropriate state or federal court located in New York County, New York
we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York for the adjudication of all non-arbitral claims.
5.4. DISPUTE RESOLUTION:
Not stated here
The Terms do not explain how the exclusive New York County venue fits with the small claims option in Section 5.4(a).
Legal Rights & Agreement Rules · Restriction or exception
The company is not liable for delays or failures caused by events beyond its control, including pandemics
The company is not liable for any delay or failure to meet its obligations if it is caused by a Force Majeure event. Force Majeure includes, without limitation, acts of God, storms, fires, casualties, unanticipated work stoppages, power outages, satellite failures, strikes, lockouts, labor disputes, civil disturbances, riots, wars, public health emergencies, epidemics, pandemics, national emergencies, governmental actions or other causes beyond its control.
Supporting quotations
We are not liable for any delay or failure to fulfill our obligations under this Agreement if such delay or failure is caused by a Force Majeure event.
“Force Majeure” includes, but is not limited to, any acts of God, storms, fires, casualties, unanticipated work stoppages, power outages, satellite failures, strikes, lockouts, labor disputes, civil disturbances, riots, wars, public health emergencies, epidemics, pandemics, national emergencies, governmental actions or other cause beyond our control.
Qualifications & exceptions
The list is open-ended ("includes, but is not limited to").
Legal Rights & Agreement Rules · Restriction or exception
You may not export or re-export the software except as U.S. law and local law allow, including to embargoed countries
You may not use or export or re-export the software except as authorized by United States law and the laws of the jurisdiction where the software was obtained. In particular, the software and other relevant elements of the Platform may not be exported or re-exported into any U.S. embargoed country or to any country prohibited by U.S. laws, rules or regulations.
Supporting quotations
You may not use or otherwise export or re-export the software except as authorized by United States law and the laws of the jurisdiction in which the software was obtained.
the software and other relevant elements of the Platform may not be exported or re-exported into any U.S. embargoed countries or to any countries prohibited by U.S. laws, rules or regulations.
Legal Rights & Agreement Rules · Restriction or exception
By accessing the Platform you confirm you are not subject to U.S. sanctions or an OFAC specially designated national
By accessing the Platform you confirm that you are not subject to sanctions imposed by the United States and are not considered by the Office of Foreign Assets Control (OFAC) to be a specially designated national.
Supporting quotations
By accessing the Platform, you confirm that you are not subject to sanctions imposed by the U.S., and you are not considered by the Office of Foreign Assets Control (OFAC) to be a specially designated national.
Legal Rights & Agreement Rules · Permission or license
The company can change the Terms, fees, plan benefits or any part of the Platform at any time, effective when posted
The company reserves the right to modify the Agreement, the Subscription Fee, the benefits of any Subscription plan, the additional conditions of your Subscription, or any part of the Platform at any time. It communicates material changes to the Agreement by making the revised Terms available on the Platform and, if you use a mobile device, may also do so through updated versions of the Platform software. The modified Terms take effect and govern your use as soon as they are posted to the Platform, and the date of the last change appears at the end of the Terms. If a change materially limits the availability of the Platform, then in addition to posting, if applicable law requires it, the company will email the address on your HBO Max Account.
Supporting quotations
We reserve the right to modify this Agreement, the Subscription Fee, the benefits associated with any Subscription plan, additional conditions of your Subscription or change any part of the Platform at any time.
We will communicate material changes to this Agreement by making the revised Terms available for your review on the Platform. If you access the Platform through a mobile device, we may also communicate changes through updated versions of the Platform software.
The modified Terms will become effective and govern your use of the Platform upon the date and time they are posted to the Platform.
If any change materially limits the availability of the Platform, then in addition to posting the revised Terms on the Platform, if required by applicable law, we will communicate this limitation by sending an email to the address associated with your HBO Max Account.
Qualifications & exceptions
Email notice is promised only for changes that materially limit availability, and only "if required by applicable law".
The Terms do not state an advance notice period before changes take effect.
Legal Rights & Agreement Rules · Restriction or exception
Continued use, or not cancelling before renewal, means you accept changes; arbitration changes can be rejected
By continuing to use the Platform after revised Terms take effect, and for a Subscription by not cancelling before it renews or within any relevant notice period, you agree to be bound by the changes. The Arbitration Agreement has its own rule: if the company changes it (other than the Notice Address), you may reject that change by sending a personally signed email to notice@wbd.com within 30 days of notice of the change.
Supporting quotations
By continuing to use the Platform after any revised Terms come into effect and, in the case of any Subscription, your decision not to cancel your Subscription before it renews or within any relevant notice period means you agree to be bound to the changes.
if HBO Max makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending HBO Max an email from the email address associated with your HBO Max subscription to notice@wbd.com within 30 days of notice of the change
Qualifications & exceptions
The "relevant notice period" for a Subscription is not defined in this document.
Legal Rights & Agreement Rules · Context
This version of the Terms of Use was last updated on June 24, 2026
The Terms state that they were last updated on June 24, 2026, and that the last-modified date is shown at the end of the Terms. This document does not announce any later or future version.
Supporting quotations
Last updated: June 24, 2026
The date that this Agreement was last modified can be found at the end of these Terms.
Qualifications & exceptions
The company can change the Terms at any time under Section 5.13, so a later version may exist.
Legal Rights & Agreement Rules · Restriction or exception
Extra terms for particular features can override these Terms, but only for that feature
You may have to accept additional terms and conditions to use certain features offered through the Platform. If those additional terms conflict with the Agreement, they prevail solely for your use of the particular feature they apply to.
Supporting quotations
You may have to accept additional terms and conditions in order to use certain features offered through the Platform.
If there is a conflict or inconsistency between those additional terms and this Agreement, those additional terms will prevail solely with respect to your use of the particular feature to which they apply.
Not stated here
The Terms do not say which document prevails if the additional conditions of your Subscription conflict with the Terms; the priority rule is stated only for feature-specific terms.
Legal Rights & Agreement Rules · Restriction or exception
The Terms plus your Subscription conditions are the whole agreement; amendments need the company's written approval
The Agreement together with the additional conditions of your Subscription is the entire agreement between you and the company on this subject and replaces all earlier written or oral agreements, including any prior HBO Max Account or Subscription. It may not be amended, nor any obligation waived, without the company's written authorization. This sits alongside the company's right in Section 5.13 to change the Terms at any time by posting them.
Supporting quotations
This Agreement, together with the additional conditions of your Subscription, constitute the entire agreement between you and HBO Max with respect to this subject matter and supersedes all prior or contemporaneous agreements between you and HBO Max, whether written or oral, including but not limited to, any prior HBO Max Account or Subscription.
This Agreement may not be amended, nor any obligation waived, without our written authorization.
Legal Rights & Agreement Rules · Restriction or exception
The Agreement is personal to you, the company can transfer it on a change of control, and no third party can benefit
The Agreement is personal to you and no third party is entitled to benefit under it. The company may assign or transfer the Agreement and your Subscription to any party that acquires ownership or control of the Platform. Your own rights and obligations under the Agreement cannot be transferred.
Supporting quotations
This Agreement between you and HBO Max is personal to you, and no third party is entitled to benefit under it.
We reserve the right to assign or transfer this Agreement and your Subscription to any party that acquires ownership or control of the Platform. Your rights and obligations under this Agreement are non-transferrable.
Qualifications & exceptions
The iOS provision in Section 5.8 names Apple and its subsidiaries as third-party beneficiaries; the Terms do not address how the two provisions fit together.
Legal Rights & Agreement Rules · Procedure
Disputes start with Customer Support and informal resolution, then go to binding arbitration or small claims court
The company says it tries to resolve subscriber concerns quickly and asks you to contact HBO Max Customer Support as described in Section 3.7. If you are not satisfied with Customer Support's solution and you and the company cannot resolve the dispute through the Informal Dispute Resolution Procedures, both sides agree to resolve it through binding arbitration or small claims court instead of courts of general jurisdiction.
Supporting quotations
We endeavor to resolve subscriber concerns as quickly as possible. Please contact HBO Max Customer Support as described in Section 3.7.
In the unlikely event that you are not satisfied with HBO Max Customer Support’s solution and you and we are unable to resolve a dispute through the Informal Dispute Resolution Procedures below, we each agree to resolve the dispute through binding arbitration or small claims court instead of in courts of general jurisdiction.
3.7. CUSTOMER SUPPORT:
Qualifications & exceptions
The mandatory pre-arbitration notice and 60-day informal process in Section 5.4(b) must be completed before arbitration or a small claims case can be started.
Legal Rights & Agreement Rules · Context
Arbitration is individual, with a neutral arbitrator, limited discovery and very limited court review
The Terms describe arbitration as more informal than a lawsuit: a neutral arbitrator replaces a judge or jury, discovery is more limited than in court, and courts review the result only very narrowly. Unless the arbitration provision expressly limits it, an arbitrator can award the same damages and relief a court can. Any arbitration takes place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may be entitled to recover attorneys' fees from the company to the same extent as in court.
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Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.
Unless expressly limited by this arbitration provision, arbitrators can award the same damages and relief that a court can award.
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may be entitled to recover attorneys’ fees from us to the same extent as you would be in court.
Qualifications & exceptions
The Terms also include cost-shifting rules (offer of settlement, sanctions) that can make a party pay the other side's costs; see Section 5.4(c) and (f).
Legal Rights & Agreement Rules · Restriction or exception
Nearly all disputes go to arbitration, except bodily injury and intellectual property claims; small claims is an option
To the fullest extent permitted by applicable law, you and the company agree to arbitrate all disputes and claims between you, except claims arising from bodily injury and claims about enforcing, protecting or the validity of your or the company's intellectual property rights (or those of its licensors, affiliates and partners). The agreement is meant to be read broadly and expressly includes contract, tort, fraud, misrepresentation and statutory claims; claims that arose before this or any earlier Agreement, including advertising claims; claims for mental or emotional distress not arising from physical bodily injury; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that arise after the Agreement ends. Either side may instead take a claim to small claims court if it seeks only individualized relief and the case is not removed or appealed to a court of general jurisdiction.
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To the fullest extent permitted by applicable law, HBO Max and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners).
This Arbitration Agreement is intended to be broadly interpreted.
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
claims for mental or emotional distress or injury not arising out of physical bodily injury;
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Agreement.
Notwithstanding the foregoing, either party may elect to have claims heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.
Qualifications & exceptions
Section 5.4(i) adds a separate exit to court for claims that go through the mass-filing process.
Legal Rights & Agreement Rules · Restriction or exception
The arbitration clause also covers affiliates, successors, Warner Bros. Discovery and all Platform users
In the arbitration agreement, "HBO Max," "you," "we" and "us" include the parties' predecessors, successors and assigns, and their past, present and future parents, subsidiaries and affiliates, including Warner Bros. Discovery, Inc. and its affiliates. They also include those entities' agents, employees, licensees, licensors and Content providers at the time a claim arises, and all authorized or unauthorized users or beneficiaries of the Platform under this or earlier agreements. This means a claim by or against any of these groups can fall under the arbitration clause.
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References to “HBO Max,” “you,” “we” and “us” in this Arbitration Agreement include our respective predecessors in interest, successors and assigns, as well as our respective past, present and future parents, subsidiaries and affiliates (including Warner Bros. Discovery, Inc. and its affiliates); those entities and our respective agents, employees, licensees, licensors and providers of Content as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of the Platform under this or prior Agreements between us.
Legal Rights & Agreement Rules · Restriction or exception
Agency complaints stay open; the Federal Arbitration Act governs, and the clause survives the end of your subscription
The arbitration agreement does not prevent you from bringing issues to federal, state or local agencies. By entering the Agreement you and the company each waive the right to a jury trial and to take part in a class action, to the fullest extent permitted by law. The Agreement is described as a transaction in interstate commerce, so the Federal Arbitration Act (9 U.S.C. sections 1-16) governs how the arbitration provision is interpreted and enforced. The arbitration agreement survives termination of your subscription or the Agreement.
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This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.
You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action and to a trial by jury to the fullest extent permitted by applicable law.
This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration provision. This Arbitration Agreement shall survive termination of your subscription or this Agreement.
Legal Rights & Agreement Rules · Procedure
Before arbitration or small claims, you must email a written Notice of Dispute to notice@wbd.com
A party that intends to start arbitration or file a small claims case must first send the other a written Notice of Dispute. A Notice from you to the company must be emailed to notice@wbd.com (the "Notice Address"). A Notice from the company to you is sent to the email address associated with your HBO Max subscription. The Notice must be individualized: it can concern only your own dispute and no one else's.
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a party who intends to initiate arbitration or file a claim in small claims court must first send to the other a written Notice of Dispute (“Notice”).
A Notice from you to HBO Max must be emailed to notice@wbd.com (“Notice Address”). A Notice to you by HBO Max must be sent to the email address associated with your HBO Max subscription.
The Notice must be individualized, meaning it can only concern only your dispute and no other person’s dispute.
Qualifications & exceptions
Applies to small claims court as well as arbitration.
Legal Rights & Agreement Rules · Procedure
The Notice must include your subscription history, claim details, damages calculation and a personally signed statement
A Notice must include: the claimant's name, address and email address (and the email address tied to the HBO Max subscription, if different); if you send it, how and when you became a subscriber, your subscription history and current subscription status; a description of the nature and basis of the claim, with relevant facts, and if you send it, facts about your use of HBO Max and the platforms you watch it on; the specific relief sought, including damages and a detailed calculation; a statement personally signed by the claimant, not by their counsel, verifying the Notice is accurate; and, if you are represented by counsel, your signed statement authorizing the company to disclose your account details to your attorney while trying to resolve the claim.
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Any Notice must include (i) the claimant’s name, address, and email address; and (if different) the email address associated with the relevant HBO Max subscription;
(ii) if you are submitting the Notice, how and when you became a subscriber, your subscription history, and current subscription status;
(iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation for them; (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice;
(vi) if you are the claimant and are represented by counsel, your signed statement authorizing HBO Max to disclose your HBO Max Account details to your attorney while seeking to resolve your claim.
Qualifications & exceptions
Items (i) to (vi) are all required by the wording "Any Notice must include"; some apply only if you are the one sending the Notice.