Agreement
These Terms of Use (“Terms”) govern your access to and use of SmartSignPro, including our websites, web application, APIs, viewers, kiosk experiences, and related services (collectively, the “Service”), provided by Brand-It-Media LLC (“Brand-It-Media,” “we,” “us,” or “our”). SmartSignPro is a product of Brand-It-Media LLC.
By creating an account, clicking to accept, subscribing, or otherwise using the Service, you agree to these Terms on behalf of yourself and, if you use the Service for a company or other entity, on behalf of that entity, and you represent that you have authority to bind that entity. If you do not agree, do not use the Service.
Description of the Service
SmartSignPro provides tools to create, organize, and display digital signage content across locations and screens, including publications (such as images and text), scheduling, and web-based viewing experiences. Features may include optional add-ons (for example Square catalog synchronization or optional audience-related messaging features). We may modify, add, or discontinue features with reasonable notice where practicable; material adverse changes to paid plans will be handled consistent with your subscription terms and applicable law.
Accounts and access
You must provide accurate information and keep your account credentials secure. You are responsible for activity under your account, including actions by your organization’s users. You must promptly notify us of any unauthorized use. We may suspend or terminate accounts that violate these Terms or present security or legal risk.
Customer content and license
You retain ownership of content you upload or provide to the Service (“Customer Content”). You grant Brand-It-Media a worldwide, non-exclusive license to host, reproduce, process, transmit, display, and distribute Customer Content solely to provide, secure, and improve the Service for you. You represent that you have all rights necessary to grant this license and that Customer Content does not violate law or third-party rights.
You are solely responsible for what appears on your screens in public or semi-public spaces, including compliance with advertising, accessibility, licensing, and industry-specific rules that apply to your business.
Acceptable use
You agree not to:
- Use the Service in violation of law or third-party rights.
- Upload malware, attempt unauthorized access, probe or stress systems without permission, or interfere with other customers.
- Misrepresent identity, abuse support channels, or circumvent technical or usage limits.
- Use the Service to distribute unlawful, defamatory, harassing, discriminatory, or infringing content.
- Reverse engineer the Service except where applicable law expressly permits.
We may investigate violations and cooperate with law enforcement as appropriate.
Subscriptions, trials, and billing
Paid access is generally offered on a subscription basis. Payment processing is provided by Stripe. By subscribing, you agree to Stripe’s terms and privacy practices for payment data. We may offer a free trial; unless you cancel in accordance with the checkout and in-product flows, your subscription may convert to a paid plan and billing may begin when the trial ends. Fees, taxes, renewal terms, and cancellation rights are presented at checkout and in your subscription area.
Unless otherwise stated for your plan, fees are non-refundable except where required by law. Downgrades or cancellations take effect according to the billing period and product rules shown in the Service.
Optional integrations
If you enable integrations (such as Square), you authorize us to access and process data from those services as needed to provide the integration. Your use of third-party services is also governed by their terms and privacy policies. You are responsible for obtaining and rotating API keys or tokens securely.
Intellectual property
The Service, including software, branding, templates we provide as part of the Service (excluding your Customer Content), and documentation, is owned by Brand-It-Media and its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
Confidentiality and feedback
If we share non-public information about the Service with you, you will not disclose it except as allowed by law. If you provide feedback or suggestions, we may use them without obligation to you.
Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAND-IT-MEDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAND-IT-MEDIA AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAND-IT-MEDIA’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO BRAND-IT-MEDIA FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS DURING THAT PERIOD.
Some jurisdictions do not allow certain limitations; in those cases, our liability will be limited to the fullest extent permitted by law.
Indemnity
You will defend, indemnify, and hold harmless Brand-It-Media and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your Customer Content, your use of the Service, your violation of these Terms, or your violation of law or third-party rights.
Suspension and termination
You may stop using the Service at any time. We may suspend or terminate access for violations of these Terms, non-payment where applicable, risk to the Service or others, or as required by law. Upon termination, your right to use the Service ceases; provisions that by their nature should survive (including ownership, confidentiality, disclaimers, limitations of liability, indemnity, and governing law) will survive.
Governing law and venue
These Terms are governed by the laws of the United States and the State in which Brand-It-Media LLC is organized, without regard to conflict-of-law principles. Subject to applicable law, you and Brand-It-Media consent to the exclusive jurisdiction and venue of the state and federal courts located in that State for disputes arising out of or relating to these Terms or the Service.
Export and sanctions
You may not use or export the Service in violation of U.S. or other export control or sanctions laws. You represent that you are not prohibited from receiving U.S. exports or services.
Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms on this page and update the effective date. If a change is material, we will provide additional notice as appropriate. Your continued use after the effective date of updated Terms constitutes acceptance of the changes. If you do not agree, you must stop using the Service.
Miscellaneous
These Terms constitute the entire agreement between you and Brand-It-Media regarding the Service and supersede any prior agreements on the same subject. If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; Brand-It-Media may assign them in connection with a merger, acquisition, or sale of assets.
Contact
For questions about these Terms, contact Brand-It-Media LLC through our contact form (SmartSignPro inquiries).