Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Everyday Advertise ("we," "us," or "our"). By creating an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use our services.

2. Service Description

Everyday Advertise provides a digital signage platform that enables businesses to:

• Display multimedia content on digital screens
• Manage content across multiple locations
• Schedule and organize promotional materials
• Monitor and control screen devices remotely
• Access analytics and reporting tools

3. User Accounts

3.1 Account Registration

To use our services, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and up-to-date

3.2 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By creating an account, you represent and warrant that you meet these requirements.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, illegal activity, or other reasons at our sole discretion.

4. Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringe upon intellectual property rights, trademarks, copyrights, or patents of others
• Upload viruses, malware, or any harmful code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our services
• Use our services to spam, phish, or engage in fraudulent activities
• Resell or redistribute our services without written permission
• Reverse engineer, decompile, or disassemble our software

5. Content Ownership and License

5.1 Your Content

You retain all ownership rights to the content you upload to our platform. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your content
• Transmit your content to your designated screens
• Create backups and copies for operational purposes
• Optimize content for delivery and performance

5.2 Content Responsibility

You are solely responsible for all content you upload and display. You represent and warrant that:

• You own or have the necessary rights to use the content
• Your content does not violate any laws or third-party rights
• Your content complies with all applicable advertising standards

5.3 Our Platform

All rights, title, and interest in our platform, software, and services (excluding your content) belong to us and our licensors. These Terms do not grant you any ownership rights to our platform.

6. Subscription and Payment

6.1 Subscription Plans

We offer various subscription plans with different features and pricing. By subscribing, you agree to pay the applicable fees for your chosen plan.

6.2 Billing

• Subscription fees are billed in advance on a recurring basis (monthly or annually)
• You authorize us to charge your payment method for all fees
• All fees are non-refundable unless otherwise stated
• We reserve the right to change our pricing with 30 days' notice

6.3 Free Trials

We may offer free trials for new users. At the end of the trial period, you will be automatically charged unless you cancel before the trial ends.

6.4 Late Payments

If payment fails, we may suspend your access to services until payment is received. Continued non-payment may result in account termination.

7. Service Availability and Support

7.1 Uptime

We strive to maintain high service availability but do not guarantee uninterrupted access. We reserve the right to perform maintenance, updates, and repairs.

7.2 Technical Support

Technical support is provided via email and our support portal. Response times vary based on your subscription plan.

7.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice.

8. Data and Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

9. Intellectual Property

Our platform, including all software, designs, text, graphics, logos, and other content (excluding user content), is protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or create derivative works of our platform
• Use our trademarks or branding without written permission
• Remove or alter any copyright or proprietary notices

10. Third-Party Services

Our platform may integrate with or link to third-party services, including:

• AWS (Amazon Web Services) for cloud hosting
• Cloudflare for content delivery and security
• Google Cloud Platform and Microsoft Azure
• Payment processors

We are not responsible for third-party services, their availability, or their terms. Your use of third-party services is subject to their respective terms and policies.

11. Disclaimers and Limitations of Liability

11.1 Service "As Is"

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 No Guarantee

We do not guarantee that:

• Our services will be uninterrupted, secure, or error-free
• Results obtained from using our services will be accurate or reliable
• Any errors or defects will be corrected

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES.

Our total liability for any claims arising from these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Everyday Advertise, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your content
• Your violation of these Terms
• Your violation of any rights of another party

13. Termination

13.1 By You

You may cancel your subscription and terminate your account at any time through your account settings or by contacting support. Cancellation will take effect at the end of your current billing period.

13.2 By Us

We may terminate or suspend your access immediately, without prior notice, for:

• Violation of these Terms
• Illegal activity
• Non-payment
• Any other reason at our sole discretion

13.3 Effect of Termination

Upon termination:

• Your right to use our services will immediately cease
• We may delete your account and content
• You remain liable for any outstanding fees
• Sections that by their nature should survive will continue to apply

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally.

14.2 Arbitration

Any dispute arising from these Terms or our services shall be resolved through binding arbitration, except you may bring claims in small claims court if they qualify.

14.3 Class Action Waiver

You agree that disputes will be resolved individually, not as a class action, class arbitration, or consolidated proceeding.

15. General Provisions

15.1 Governing Law

These Terms are governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding our services.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.5 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

15.6 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through our platform. Your continued use of our services after changes take effect constitutes acceptance of the modified Terms.