modified: 26 Dec, 2016
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
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,
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.
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.
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
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
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 email@example.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.
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.
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.
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.
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 firstname.lastname@example.org
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
The player software and server
services are licensed for usage only and does not constitute any kind of sale
Certain software modules may be
“opensource” or “free”. Such modules are not subject to these “Terms”.
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
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:
harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise
violate the legal rights of others;
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);
any person or entity, or falsely state or otherwise misrepresent Your
affiliation with a person or entity;
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;
any file that infringes the copyright, patent or trademark of other legal
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
any file posted by another user that you know, or reasonably should know,
cannot be legally distributed in such manner;
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;
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;
or store data about other users in connection with the prohibited conduct and
activities set forth in this Section;
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;
any code of conduct or other guidelines, which may be applicable for or to any
any applicable laws or regulations for the time being in force;
the Terms of Service including but not limited to any applicable Additional
Terms of the Server contained herein or elsewhere;
any code of conduct or other guidelines, which may be applicable for or to any
post, disseminate information that is false, inaccurate or misleading; violate
any applicable laws or regulations for the time being in force;
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;
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
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
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
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
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
involving but not limited to rights conferred, compensation, refunds, and other
claims will be resolved through a two-step Alternate Dispute Resolution
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.
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.
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.
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.
Sharing: we will not share any
information to third parties without your consent.
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.
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.
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.
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.
If you have any
questions about this Agreement, the practices of Company, or your experience
with the Service, you can e-mail us at email@example.com.
If Company needs to
contact you, we will do so by sending you e-mail at the address specified