Signager Digital Signage - Terms and Conditions
Terms and Conditions Enables managing displays and publishing contents with ease.
These terms and conditions (“terms”) set out the terms on which Signager digital signage (“Signager”, “Signager digital signage”, “Signager Cloud Digital Signage”, “Signager Direct”, “Signager Technology Pvt Ltd”, “Company”, “us”, “we”, “our”) provide you (“you”, “your”, “customer”, ”reseller”, “partner”) with access to the “Signager” digital signage solution(“service”) at www.signager.in (“website”), cms.signager.in, app.signager.in, or any Signager app hosted on Google Play Store. Please read these terms carefully and ensure that you have understood them.
Signager and customer are hereinafter collectively referred to as “Parties” and individually as a “Party”.
By using our service, you warrant that you understand and accept these terms. If you are accepting these terms on behalf of your employer or acting as an employee you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. The same rights, limitations and restrictions apply to your employer. You agree that these terms are enforceable as if they were a written negotiated agreement signed by your employer. If you do not agree to these terms, please cease use of the service immediately.
You are advised to print and retain a copy of these terms for your future reference.
1. Definitions
“Digital Host Site(s)” means the physical location/space provided by the Advertiser / Client / customer, for installing/setting-up the Solution, which includes display screen, digital signage media player & internet connectivity.
“Advertisement(s)” means the promotional message/communication of Advertisers that is displayed at identified Digital Host Site(s) using the Solution.
“Advertiser(s)” means a Person that pays the Advertising Fees in exchange for display of their Advertisement(s) at identified Digital Host Sites.
“Technology Cost” means the Subscription fees or One time setup fee paid by the Advertiser / Client / Customer / Partner / Reseller for using the Solution at the Digital Host Site(s). It may be modified from time to time at the sole discretion of Signager.
“Billing Period” means the period you are billed for, usually a month.
“Contract” means the contract between Signager and the customer.
“Content” means any and all data, files, documents, multimedia files, third party links, images, videos, and any other information or material whatsoever (in any format) submitted by the customer.
“Fee” means the monthly subscription fee per display payable by the customer for use of our services as specified on www.signager.in or otherwise agreed between Signager and the customer.
“Hardware” means your computer, laptop, signage player or other device used to access and Use the Service.
“Reseller” means, you (Reseller) or a company or an individual (merchant) who purchases bulk licence, subscription or associated hardware from us with the intention of selling them rather than consuming or using them.
“White Label Reseller” is similar to "Reseller" who purchases bulk licence, subscription or associated hardware from us with the intention of selling them rather than consuming or using them by adding their own branding.
“Intellectual Property” in relation to means all proprietary inventions, trademarks, copyrights, trade secrets, technical information, and all rights arising from these, belonging to Signager.
“Intellectual Property (IP) Rights” means all legal and economic rights in and to the Intellectual Property, whether registered or not, anywhere in the world.
“Login Details” means a unique username and password required for a customer to access Signager Digital Signage at www.signager.in
“Minimum Requirements” means any minimum specifications required for the customers Hardware in order for the customer to use the features and functionality of Signager Digital Signage, as may be specified on www.signager.in from time to time.
“Network” means the electronic communications network used by us to provide a service to the customer.
“Purpose” means to use, copy, compress, modify and transmit in order to provide the customer with the service and perform our obligations under these terms.
“Screen/Display” means any television, monitor or other device supported by our service which the customer has claimed.
“Service” means Signager Digital Signage software (SAAS) made available by us through www.signager.in
“Use” means having access to our service for the customers organisation’s own internal business purposes only.
“User or Person” means any individual employee of the customer, natural person, company, government agency, or other entity permitted to use the service.
2. About Signager Digital Signage and Our Service
The service and www.signager.in are owned and managed by Signager. Signager is engaged in the business of developing cloud based digital signage software under the brand name ‘Signager’ for building media networks for advertisements and communications (“Signager Technology”). The service is intended to be used for commercial purposes. If you wish to use our service for private, non-commercial purposes, please contact us at support@signager.in.
3. Registration
In order to access and use our service, you shall be required to register using the online registration form made available to you on our Website. By completing the online registration form, you consent to us conducting verification and security procedures in respect of the information provided in such online registration form. Upon the completion and submission of the online registration form by you on www.signager.in, you shall be sent an email confirming your registration. You hereby warrant that the information provided by you is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information provided. You shall keep, and procure that all users keep, any login details confidential and secure. Without prejudice to our other rights and remedies, we reserve the right to promptly disable your login details and suspend your access to our service in the event we have any reason to believe that any user has breached any of the provisions set out herein. Please don’t sign up with false information, and if any of your contact details change, keep your information updated. If we suspect someone has broken into your account, we may suspend it and get in touch with you.
4. Representations, warranties and Responsibilities of Signager
Signager will provide the Digital Signage Technology through which the Advertisement(s)/visual content(s) will be displayed through the Solution at identified Digital Host Sites identified by customer. Signager will provide a pre-configured signage media player (which should be procured by customer as per the pricing mentioned in the site or mutually agreed pricing) for seamless deployment. Customer has to ensure internet connectivity as per the specification provided or recommended by Signager. Signager will provide remote support and testing services for installation, configuration and integration of the Signager Technology with the displays/equipment at the Digital Host Site, to ensure that the Solution is fully operational. This service may not be applicable or vary as per the subscription package subscribed by the customer. Signager will provide remote operation and maintenance support for resolving any technical issues related to the Signager Technology. This service may not be applicable or vary as per the subscription package subscribed by the customer. Signager represents and warrants that, to the best of its knowledge, the Signager Technology does not infringe the IP Rights of any third party.
5. Formation & Termination Of Your Contract
You must be at least 18 years of age to use our systems as we collect personally identifiable information. Your contract with us shall commence on the date we send your confirmation email. Your contract shall continue and unless terminated shall automatically renew for further recurring periods of one (1) month (each a “Billing period”) unless terminated by you or us in accordance with these Terms. You may terminate your Contract with us at any time by providing notice in writing or by e-mail sent to the postal or e-mail address as available at clause 18 / our website. We may give you notice to terminate your contract and your use of our service at any time. We may suspend or terminate your access and use of our service immediately on notice to you in the event that: third party services and network providers cease to make the third-party service or network available to us; you fail to comply with one or more of these Terms; we believe that there has been fraudulent use, misuse or abuse of features and functionalities of the Service (in whole or in part); or we believe that you have provided us with any false, inaccurate or misleading information. Upon termination of your contract, your and any user’s access to www.signager.in and our service shall cease and any content will no longer be accessible through our service. We may retain copies of your content and/or other data (including any user’s data) made available through our service for auditing and/or tax purposes, or as may be required by us to comply with applicable law.
6. Access To The Service And Support
In consideration for payment of the service fees, we hereby grant to you a non-exclusive, non-transferable (without a right to sub-license) license to access and use, and permit users to access and use, the service for the duration of your contract. You acknowledge that you shall be responsible for all use of our service by users and shall ensure that these terms and conditions are brought to the attention of all users. You shall be liable for breach of these terms and conditions by a user as if it were a breach by you.
We shall use reasonable endeavours to make the service available to you and the users at all times, but we cannot guarantee an uninterrupted or fault free service. Our ability to provide our service may be impaired by conditions or circumstances that are beyond our control, including, without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer, operating system and the number of other users logging onto our service, server and/or Network at the same time. We shall take reasonable action to minimise the disruption caused by such circumstances but you acknowledge, agree and accept that some such interruptions may not be avoidable.
The Network is not controlled by us and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of the Network. Such circumstances may result in the Service being temporarily unavailable. We will take reasonable action to minimise the disruption caused by such circumstances, but some such interruptions may not be avoidable.
We use industry-standard security measures to protect against the loss, misuse and alteration of the information, data, and/or content handled by our service. However, you acknowledge and agree that we cannot guarantee complete security of such information, data, and/or content or that our security measures will prevent hacks, worms, bugs, trojans or such other similar devices that may allow access to or unauthorised viewing of such information, data, and/or content.
We reserve the right to make changes to our service or part thereof, from time to time at our sole discretion, and we may from time to time update, add, remove, modify and/or vary any features or functionalities of our service.
We offer support all weekdays between 10 am – 7 pm Standard Time (IST) for the duration of your contract in respect of your use of our service, which comprises of: Advice on access and use of our service, and Diagnosis of interruptions to our service, in each case by e-mailing us at support@signager.in.
Fault diagnosis is subject to you or any user providing a clear and accurate description of any fault requiring support, including the circumstances in which it arose, the area of our service to which the fault relates and any other information reasonably required by us to remedy the fault.
Subject to receiving a description in accordance with clause 6.8, we shall use our reasonable efforts to resolve the faults within a reasonable time following receipt of your or a user’s request pursuant to clause 6.7.
7. Your Obligations
You agree that you are solely responsible and liable for all your activities on www.signager.in and use of our service, including that of your users. You shall be liable for any breach of these terms and conditions by a user as if you had breached the terms and conditions. You shall promptly notify us in the event of a breach of security or any unauthorized Use of your login details.
You are responsible for ensuring that any content is not deemed to be offensive, illegal, inappropriate or that in any way:
- Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- Harasses or advocates harassment of another person
- Displays pornographic or sexually explicit material
- Promotes any conduct that is abusive, threatening, obscene, defamatory or libellous
- Promotes any illegal activities
- Provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses
- Promotes or contains information that you know or believe to be inaccurate, false or misleading
- Engages in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent
- Contains any virus or other thing or device which may prevent, impair or otherwise adversely affect the operation of www.signager.in
- Infringes any Intellectual property rights or any other proprietary rights of any third party
You hereby grant, and procure that any user grants, to us a non-exclusive, worldwide royalty free license to use the content and all other materials submitted by you or any user for the purpose of providing the service.
8. Fees and Payment of Fees
All fees are invoiced monthly / quarterly / half yearly / annually as per number of displays and agreed package plan in www.signager.in. Number of displays for invoicing will be charged for regardless if they have been offline (turned off) or online as long as they are linked to an account. All fees are invoiced on the last day of the month. The monthly fees are adjusted where you have added additional display(s). This will be on a pro-rata basis or as per mutually agreed terms.
All fees are non-refundable, unless otherwise agreed by us in writing. Invoices are only sent by e-mail. We send your invoice to the e-mail registered at www.signager.in, but you always have the option to change this e-mail by e-mailing us at support@signager.in. All fees payable hereunder are exclusive of GST or other sales tax, which will be added at the applicable rate.
9. Exclusion of Warranties and Limitation of Liability
You hereby warrant that:
- All users are at least 18 years old
- You have the right and capacity to enter into and be bound by these terms and conditions
- You shall comply with all applicable laws regarding the use of our service.
Our service is provided to assist with viewing content on displays and should not be used as a backup facility. You should ensure that you and the users have adequate back-up facilities for any content and we shall not be liable for any losses or damages incurred by you or any users arising out of or in connection with your failure to implement adequate back-up facilities.
10. Intellectual Property Rights
We own all rights in the intellectual property rights relating to our service. All right, title and interest in and to our service and www.signager.in will remain exclusively with us. You are expressly prohibited from reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of our service or www.signager.in, and from modifying, altering or using any registered or unregistered marks/logos/design owned by us.
11. Data Protection
We collect and process personal data in accordance with applicable data protection laws. By using our service, you consent to such processing and you warrant that all data provided by you is accurate.
12. Confidentiality
Both parties agree to keep all confidential information received from the other party confidential and not disclose it to any third party without prior written consent, except as required by law.
13. Termination for Breach
We reserve the right to terminate your contract and suspend access to our services if you breach any of these terms. Termination may occur immediately without prior notice if the breach is severe.
14. Governing Law and Jurisdiction
These terms and conditions are governed by the laws of India. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Bengaluru, Karnataka.
15. Amendments to Terms
We reserve the right to amend these terms at any time by publishing an updated version on our website. Your continued use of the service will signify your acceptance of the updated terms.
16. Force Majeure
We shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to acts of God, war, strikes, and pandemics.
17. Notices
All notices and communications shall be sent to the registered email address provided by you during registration. You are responsible for ensuring that your contact information remains up to date.
18. Contact Details
For any queries regarding these terms and conditions, you can contact us at support@signager.in.