PISIGNAGE TERMS OF SERVICE

Last modified: 26 Dec, 2016

1.    general

 

Welcome to piSignage! The (i) pisignage.com website and application (“Server”),(ii) player software  (“Player”) and (iii)piSignage mobile application(“Mobile App”) are owned and offered by Colloqi Consulting (OPC) Private Limited (“Company”), a company incorporated under the Companies Act, having its registered office at 167, 37 Cross, 9 Main, Jayanagar 5 Block, Bangalore 560 041, INDIA. The Company, Server, player software and related services together shall be hereinafter referred to as “piSignage”.

 

2.    purpose and scope of agreement


This piSignage Terms Of Service (“Terms”) is the legal agreement between you (“You”) and Colloqi Consulting (OPC) Private Limited. (“Company”) governing Your use of: (i) any product that uses the piSignage player Software to display content on the TV or any other display (a “Player”), (ii) if downloaded by You to a mobile device, any piSignage Mobile Application (a “Mobile App”), or (iii)the web application at pisignage.com. By establishing an account at https://username.pisignage.com (a “piSignage Account”) and using a piSignage Player, and/or by downloading a Mobile App, you are agreeing to be bound by this terms of service. If you do not agree to these terms, you are not granted any right to use the piSignage Server or piSignage Player or any other piSignage app.

 

You are advised to read and understand these Terms carefully as signing for an account, or using piSignage Player or any of the piSignage services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the  piSignage. These terms are to be read along with the Privacy Policy and any other policies on the  piSignage.

 

This document is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the Server and being generated by a computer system, it does not require any physical or digital signatures.

 

For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You”, “Your” or “User” refer to the person visiting, accessing, browsing through and/or using the Server or using the Player or using the Mobile App at any point in time. The term “We”, “Us”, “Our” shall mean and refer to the Server, Player and/or the Company, depending on the context.

 

The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.

 

We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Server or Player following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Server and/or Player is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.

 

3.    Registration

At the time of registration, the Company shall collect the following personally identifiable information about you: username – your unique identity at Server and email address.

You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false/inaccurate details or the Company has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account.

 

4.    Services Overview

 

The piSignage Server offers services for the user to upload various types of content, arrange them as playlists, arrange players in groups, schedule playlists for a group, deploy the content to the players and other related services needed for a signage service.  

 

The player software is downloaded to Raspberry Pi hardware or to the Chrome platform or to Chromecast (and in future piSignage will support more platforms such as Apple TV). The player software will display the downloaded playlist and content on the connected display as per playlist parameters. Player also controls display functions such as powering on/off etc.

 

5.    Fees and Charges

a.    Player License

 

The player software cannot be used without license and each of the players need an individual license to run(i.e. license can not be shared between two devices).  If the player stops working or develops any issues, the license can be redeemed by writing to Company at support@pisignage.com.

 

Upon registering at piSignage.com users are given certain number of free licenses (currently 3) solely at the company discretion and this sign-up offer(not the licenses) can be withdrawn at anytime without giving any notice.  Users can purchase player licenses at the Server after log-in for a one-time fee and generate licenses for the player using the Server application.

 

The player licenses are not transferable to third party without written consent of the company.

 

Further Company may withdraw the free licenses offered to a user if the Company believes that same user/party has signed up for multiple accounts in order to get free licenses.  

 

b.   Managing Players at pisignage.com

 

The players shall be managed (content upload, creation of playlists and deploying to players) at pisignage.com (Server) for an annual subscription fee which is collected at the beginning of the year.

 

Users can also use the open-source version of Server available at http://github.com/colloqi/pisignage-server  and setup their own local server to manage these players. In that case Player is still bound of these Terms and local server is not bound by these Terms.

 

c.    Subscription cancellations

The Server subscription service of managing Players can be cancelled at any time. If the service is cancelled in the middle of the month, it will be counted till the month end.

d.   refund policy

There will be no refund of money in normal circumstances. if there are any refunds we will be able to adjust against the next purchases.

 

 

 

 

6.    Security

Server supports secure ‘https’ transaction between the Browser and server. The real-time communication between players and server over “websocket” and file download through “wget”, by default are carried over http (users can change this to https in player settings). The player access over “ssh” and “webUI” are authenticated by username/password set by the user using http-authentication. Industry best practices are followed to keep user data secure and isolated from each other.   The User’s credit and debit card information is not received, stored by or retained by the Company / Server in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

You can write to Company at  support@pisignage.com to know more.

 

7.    Usage Rights

The Server, the Player and other piSignage apps/services are proprietary to Company and Company grants you nonexclusive, nontransferable access to use these services and software. You do not acquire any intellectual property or other proprietary rights on any one of these components.

The player software and server services are licensed for usage only and does not constitute any kind of sale to you.

Certain software modules may be “opensource” or “free”. Such modules are not subject to these “Terms”.

 

 

8.    Payment

Company currently uses PayPal as the gateway for payments. You could use International Credit/Debit cards or PayPal account to pay for the piSignage services and licenses. Company does not collect any payment information and you supply your Credit/Debit card details directly to PayPal.

 

9.    User Obligations

You are a restricted user of this Server, Player and other piSignage services/apps.

a.     You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Player or Server. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Server or Player is not permitted.

b.     You agree not to access (or attempt to access) the Player/Server and/or the materials or Services by any means other than through the interface that is provided by the Server and Player. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Server or Player or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Server/Player, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Server.

c.     In places where this Server allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

                i.         Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

               ii.         Engage in any activity that interferes with or disrupts access to the Server or the Services (or the servers and networks which are connected to the Server);

              iii.         Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

             iv.         Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

              v.         Post any file that infringes the copyright, patent or trademark of other legal entities;

             vi.         Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Server or another's computer;

            vii.         Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;

           viii.         Probe, scan or test the vulnerability of the Server or any network connected to the Server, nor breach the security or authentication measures on the Server or any network connected to the Server. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Server, or any other customer of the Server, including any Server Account not owned by You, to its source, or exploit the Server or Service or information made available or offered by or through the Server, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Server;

              ix.         Disrupt or interfere with the security of, or otherwise cause harm to, the Server, system resources, accounts, passwords, servers or networks connected to or accessible through the Server or any affiliated or linked sites;

               x.         Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;

              xi.         Use the Server or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Server or other third parties;

             xii.         Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

            xiii.         Violate any applicable laws or regulations for the time being in force;

           xiv.         Violate the Terms of Service including but not limited to any applicable Additional Terms of the Server contained herein or elsewhere;

            xv.         Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

           xvi.         Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force;

          xvii.         Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

         xviii.         Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.

You shall not engage in advertising to, or in solicitation of, other Users of the Server to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Server or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Server. It shall be a violation of these Terms of Service to use any information obtained from the Server in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Server) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation to monitor the materials posted on the Server. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Server. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

10.Copyright and Trademark

The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Server or Player. Access to or use of the Server or Player does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Server and Player, are owned by or licensed to the Company. Any use of the Server or Player or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.    

You may not modify, distribute or re-post anything on the Server or Player for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Server. Access to or use of the Server does not authorize anyone to use any name, logo or mark in any manner. References on the Server to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.

The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party Servers, you do so entirely at your own risk and expense.

11.Disclaimer of Warranties and Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVER, PLAYER, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS SERVER IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT

a.      YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

b.      MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

c.       ANY ERRORS OR DEFECTS IN THE SERVER, PLAYER, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. PISIGNAGE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVER IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. PISIGNAGE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.

THE COMPANY IS NOT RESPONSIBLE FOR THE COPYRIGHT OR THE CONTENT POSTED ON THE PROFILE TO BE BRAODCASTED VIA THE PLAYERS AND THE COMPANY CANNOT BE HELD LIABLE IN THIS ASPECT.

12.Indemnification and Limitation of Liability

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS SERVER/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE SERVER, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVER, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13.Termination

This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Server and Player. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.

Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Company or affect any liability that may have arisen under the User Agreement prior to the date of termination.

14.Disputes and Jurisdiction

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

a.              Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.

b.              Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Bangalore, India.

15.Privacy

a.              Information we collect: We collect the information provided by you during signup. We also have access to the Player logs, player configuration like location, name, hardware details and the content that you have uploaded to Server.

b.              Use of information: we use this information to monitor the player status, debug the issues if any and to improve our services and user interface.  We may also play some of your content on our players in case we are not able to resolve your issues by observing logs, shell commands etc.

c.              Sharing: we will not share any information to third parties without your consent.

 

16.Miscellaneous Provisions

d.              Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by the Parties shall constitute the entire agreement and understanding of the Parties with respect to each Service and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Parties shall always remain subject to the terms of this Agreement.

e.              Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

f.               Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

g.              Transferability: Company may transfer its rights and obligations under this Terms to another organization. You may only transfer your rights or your obligations under this Terms to another person if Company agrees in writing. This EULA is between you and Company. No other person shall have any rights to enforce these terms.

 

17.Contact Us

If you have any questions about this Agreement, the practices of Company, or your experience with the Service, you can e-mail us at support@pisignage.com.

If Company needs to contact you, we will do so by sending you e-mail at the address specified during sign-up.