Terms of Service

1. The service

digitalsign.co is a software platform for digital signage. It includes the screen player (at player.digitalsign.co and any player apps we provide), screen pairing and remote management, media storage, the visual editor and AI design tools, playlists, schedules, rules and automations, widgets, data connections, analytics and proof of play, the API and webhooks, and related features (the "Service"), as described at digitalsign.co and in the application.

We may improve and change the Service over time. If we remove a material feature you are paying for, we will give you reasonable notice and, if you are affected, a pro-rata refund of prepaid fees for it.

Features labeled "beta", "preview" or "coming soon" are provided as-is, may change or be withdrawn, and are excluded from any service commitments.

2. Accounts and users

• You are responsible for your organization's account and everything done under it, including by your users, API keys, webhooks and paired screens.
• Users must be your employees or contractors (or, for resellers and agencies, your clients' personnel you authorize), at least 18 years old.
• We sign users in with single-use links sent by email, so access to a user's email inbox is access to their account. Users must keep their email accounts secure. Assign roles carefully: users who can publish can change what appears on your screens. Tell us promptly at [email protected] if you suspect unauthorized access.
• You must give accurate account and billing information and keep it current.

3. Screens, content and public display

digitalsign.co puts content on physical screens that people other than your users may see, often in public or workplace spaces. Because of that, these terms apply:

• You are responsible for what your screens show. You decide what content is published to your screens and where they are placed. You are responsible for that content and for complying with the laws, regulations, lease terms and venue rules that apply to displaying it, including any permits, signage rules, accessibility requirements, pricing and advertising rules, and notices you are required to give.
• You need the rights to your content. You must hold all rights, licenses and permissions needed to display your content publicly, including music and other audio, video, images, fonts, trademarks, and the names and likenesses of people. Many licenses for personal or online use do not cover public performance or display.
• Devices and connectivity are yours. You are responsible for providing, installing, securing and maintaining your screens, players and other devices, their power, and their internet connection, and for keeping them physically safe. We do not supply or warrant hardware unless we agree otherwise in writing.
• Offline playback. Players store content locally and keep playing the most recently synced content when they lose their connection. While a screen is offline, changes you make (including new schedules, overrides and removals) will not reach it until it reconnects, and it may continue to show content you have since changed or removed.
• Remote commands. Commands you send from the Service (such as refresh, screenshot, restart, clear cache, volume and display power) are delivered when the player next checks in and may not take effect if the device, its operating system or its network prevents them. Commands that expire before the player checks in are not delivered.
• Rules and automations act on your instructions. Schedules, rules, triggers and automations you set up, including those that react to weather, time, your data connections or webhooks, change what your screens show automatically. Changes made by rules and automations you configured are made on your instructions, and you are responsible for reviewing them.

4. Emergency messages are not a safety system

The Service is not a life-safety, fire alarm, mass notification or emergency alert system. Emergency priority, overrides and alert messages are a convenience for showing urgent information on screens that are online and working. They may be delayed or not displayed at all, for example because a screen is offline, powered off, out of sync, or showing cached content, or because of an outage of the Service, a network or a third party.

You must not rely on the Service for any notice, warning or alert that is required by law, regulation, code or your safety obligations, or where a failure to display a message could lead to death, personal injury, or property or environmental damage. Use systems designed and certified for those purposes.

5. Your data

"Customer Data" means data you or your users submit to the Service, or that the Service collects or receives for you, including media, designs, playlists, schedules, data from your connections, screen telemetry and screenshots, and playback logs. As between you and us, you own Customer Data.

• You grant us a limited right to host, process, transmit and display Customer Data (including on your screens) to provide, secure and support the Service, and as described in our Data Processing Addendum at app.digitalsign.co/dpa, which forms part of these Terms.
• Viewers. The Service does not use cameras or audience measurement and does not collect personal data about people who look at your screens. If you add cameras, sensors or other ways of collecting data about viewers alongside the Service, you are solely responsible for them and for any notices and consents they require.
• People in your content. If your content shows identifiable people, or personal data such as staff names or customer names drawn from your data connections, you are responsible for having a lawful basis and any consent needed to display it in public.
• Do not send us special categories of personal data (such as health, religious or biometric data), government identifiers, payment card numbers or data about children under 16, except where a feature is expressly designed for it.
• We may create aggregated, de-identified data from use of the Service to operate and improve it. It will not identify you, your users or any individual. We do not use Customer Data to train AI models.

6. Analytics and proof of play

Analytics, uptime figures, play counts and proof-of-play reports are based on what players report to the Service. Players that are offline report later, and players that lose power, are tampered with or fail may report incompletely or not at all. Reports are provided as-is for your information, and we do not guarantee that they are complete or suitable as evidence of display for billing third parties, regulatory compliance or legal proceedings.

7. AI features and generated content

• The Service uses third-party AI models to generate designs, text and images ("Output") and to carry out requests you give it. As between you and us, you own the Output generated for you, and we assign to you any rights we have in it.
• Output can be inaccurate, similar to content generated for others, or unsuitable for your purpose. You are responsible for reviewing Output before you publish it to your screens, including prices, offers, claims, dates and spelling, and for ensuring your use complies with law.
• You must have the rights to anything you upload or reference, including brand assets, product images and likenesses. Don't use the Service to create content that impersonates a real person without their permission.
• AI generations count against your plan's monthly allowance, described on our pricing page.

8. Widgets, third-party content and data

Widgets and connections display content and data from third parties, such as weather forecasts, news and RSS feeds, cryptocurrency prices, maps, calendars, embedded videos, web pages, and data from your own systems. We do not control this content or data.

• We do not guarantee that third-party content or data is accurate, complete, current or available. Weather, prices and feeds may be delayed, cached or wrong, and should not be relied on for safety, financial or legal decisions.
• Third-party content may be subject to its provider's terms, including attribution requirements and limits on public or commercial display. You are responsible for complying with them for the content you choose to show.
• You are responsible for the data connections you configure, including that you are allowed to fetch and display the data, and for the systems, URLs and credentials you point them at.

9. Acceptable use

You must not, and must not let anyone else:

• break the law, or display or promote illegal products or services;
• display deceptive, defamatory, discriminatory, hateful or sexually explicit content, content unsuitable for the place and audience where a screen is located, or content that infringes someone else's rights;
• use the Service to surveil, track or identify people who view your screens;
• send spam, malware, or harmful code, or use data connections or web page widgets to attack, probe or overload other systems;
• probe, scan or test the Service's vulnerabilities (except by reporting them to [email protected]), or bypass its security, rate limits, screen limits, storage quotas or usage limits;
• access another customer's data or screens, or share accounts or pair devices in a way designed to avoid fees;
• resell the Service without our written agreement (agencies and integrators may use it for their clients);
• copy, reverse engineer or build a competing product from the Service.

10. Third-party services

The Service connects to services we don't control, including AI providers, payment processing, and the content providers and data sources you add to your screens. Your use of them may be governed by their terms. We are not responsible for their availability, changes or conduct, and a change to a third-party service may require us to change or stop a related feature.

11. Plans, fees and billing

• Free plan. The Free plan includes up to 3 active screens and the features, storage and AI allowance described on our pricing page, at no charge. We may change or limit the Free plan, with reasonable notice.
• Paid plans. Paid plans are priced per active (paired) screen per month, at the rates on our pricing page or in your order. On every plan, your first 3 active screens are free, and you pay for each active screen beyond that. Enterprise plans are priced by agreement with [email protected].
• Billing. Paid plans are billed monthly in advance through our payment processor and renew automatically until canceled. When you pair or remove screens during a billing period, charges are prorated, as shown in the application.
• Usage limits. Plans include monthly AI generation allowances and storage quotas. Unused allowances do not roll over. When you reach a limit, the related features stop until the next period, you free up space, or you change plan.
• Changes. You can upgrade or downgrade in the application; changes are prorated as shown before you confirm. If you downgrade or cancel, your organization moves to the Free plan at the end of the billing period: features not in the Free plan stop, and you cannot pair more than 3 screens. Screens beyond the Free plan's limit may stop receiving updates or playing content. We may change prices with at least 30 days' notice, effective at your next billing period.
• Payment. You authorize us to charge your payment method. Fees are non-refundable except where these Terms or the law say otherwise. If payment fails, we may move the organization to the Free plan or suspend paid features after a reasonable grace period.
• Taxes. Fees exclude taxes. You are responsible for applicable sales, use, VAT and similar taxes, other than taxes on our income.

12. Our intellectual property

We own the Service, including its software, player, templates, design, documentation and our trademarks. We grant you a non-exclusive, non-transferable right to use the Service during your subscription for your business purposes (including, for agencies and integrators, on behalf of your clients), and to display templates and other content we provide on your screens, subject to these Terms. If you send us feedback or suggestions, we may use them without obligation to you.

13. Confidentiality

Each party will protect the other's confidential information with reasonable care, use it only to perform under these Terms, and share it only with personnel and contractors who need to know it and are bound to protect it. This does not apply to information that is public through no fault of the recipient, already known to it, independently developed, or rightfully received from someone else. A party may disclose confidential information if the law requires, after giving notice where legally allowed.

14. Security and data protection

We maintain the security measures described in our Data Processing Addendum at app.digitalsign.co/dpa. Our Data Processing Addendum, including the Standard Contractual Clauses where applicable, applies to our processing of personal data in Customer Data and is incorporated into these Terms.

15. Suspension

We may suspend access to all or part of the Service, with notice where practical, if we reasonably believe it is necessary to prevent harm to the Service, other customers or third parties; to comply with law; to stop content that is unlawful or clearly violates the acceptable use rules from being displayed; or because of a material breach of these Terms or unpaid fees. We will restore access once the issue is resolved.

16. Term and termination

• These Terms apply while you use the Service. You can cancel your paid subscription in the application at any time, effective at the end of the current billing period. To close your organization, delete it in the application where available, or ask us at [email protected].
• Either party may terminate for material breach not cured within 30 days of notice. We may terminate immediately for serious violations of the acceptable use rules.
• When an organization is deleted, its users lose access, its screens are unpaired and stop receiving content, its API keys and webhooks are revoked, and its subscription is canceled. Its data is permanently deleted 30 days later. Export anything you need before deleting. Players may keep showing cached content until they are reset or cleared.
• Sections that by their nature should survive termination, including fees owed, confidentiality, disclaimers, limitation of liability and indemnities, survive.

17. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care and that it will perform materially as described in our documentation. If it doesn't, tell us and we will work to fix it; if we can't within a reasonable time, you may terminate and receive a refund of prepaid fees for the remaining term. This is your exclusive remedy for breach of this warranty.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, ALL OUTPUT AND ALL THIRD-PARTY CONTENT AND DATA ARE PROVIDED "AS IS". TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SCREEN WILL DISPLAY ANY CONTENT AT ANY PARTICULAR TIME, OR THAT THE SERVICE WILL WORK WITH ANY PARTICULAR DEVICE.

18. Limitation of liability

TO THE EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR GOODWILL; AND (B) EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE FEES YOU PAID OR OWED TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

We are not liable for content displayed on your screens, including content published by your users, API keys or webhooks, or changed by schedules, rules and automations you configured; for a failure to display any message, including an emergency or alert message; for inaccurate or unavailable third-party content or data; or for your devices, their installation, or their network connection.

These limits do not apply to your payment obligations, a party's indemnity obligations, or liability that cannot be limited by law.

19. Indemnities

By us. We will defend you against third-party claims that the Service, as we provide it, infringes their intellectual property rights, and pay resulting damages and costs finally awarded or agreed in settlement. This does not cover claims arising from Customer Data, Output, your content, third-party content you choose to display, combinations with things we didn't provide, or use in breach of these Terms. If the Service is subject to such a claim, we may modify it, get you the right to keep using it, or terminate the affected part and refund prepaid fees for it.

By you. You will defend us against third-party claims arising from Customer Data, the content displayed on your screens, your use of Output, the placement and operation of your screens and devices, or your breach of the acceptable use rules or the law, and pay resulting damages and costs finally awarded or agreed in settlement.

The indemnified party must give prompt notice of the claim, let the other party control its defense and settlement, and cooperate reasonably.

20. Governing law and disputes

These Terms are governed by the laws of the State of Arkansas, United States, without regard to its conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in Arkansas, and each party consents to their jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

21. General

• Changes to these Terms. We may update these Terms. We will post the new version with a new effective date and give at least 30 days' notice of material changes by email or in the application. Continuing to use the Service after the change takes effect means you accept it.
• Order of precedence. If you have a signed order form or agreement with us, it controls over these Terms where they conflict, followed by the Data Processing Addendum (for data protection matters) and then these Terms.
• Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition or sale of substantially all related assets.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, other than payment obligations.
• Publicity. We may identify you as a customer by name and logo unless you ask us not to.
• Notices. We send notices to the account owner's email address. Send notices to us at [email protected].
• Entire agreement. These Terms, the documents they incorporate and any order form are the whole agreement on their subject. If a provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. The parties are independent contractors.

Questions about these Terms: [email protected].