Terms of Service

Effective Date: July 16, 2025
Last Updated: July 16, 2025

⚠️ IMPORTANT LEGAL NOTICE - FOR INTERNAL REVIEW ONLY:

THIS TERMS OF SERVICE IS NOT YET COMPLIANT FOR PUBLIC USE. Before publishing, you MUST:

1. Form an LLC - Currently operating as sole proprietorship (high personal liability risk)
2. Add Physical Address - Required for legal notices and service of process
3. Legal Review - Have an attorney review mandatory arbitration, liability limits, and indemnification clauses
4. Update Pricing - Verify all pricing, limits, and plan features are current
5. Set Up Business Bank Account - For handling refunds and chargebacks

Estimated cost to fix: $500-2,000 (LLC formation + legal review)

DELETE THIS NOTICE BEFORE PUBLISHING

Table of Contents

1. Acceptance of Terms
2. Changes to Terms
3. Description of Service
4. Eligibility and Account Registration
5. Subscription Plans and Pricing
6. Payment Terms
7. Free Trial and Free Plan
8. Account Responsibilities
9. Acceptable Use Policy
10. Content and Intellectual Property
11. Privacy and Data Protection
12. Service Availability and Support
13. Modifications to the Service
14. Termination and Suspension
15. Disclaimers and Warranties
16. Limitation of Liability
17. Indemnification
18. Dispute Resolution and Arbitration
19. General Provisions
20. Contact Information

1. Acceptance of Terms

1.1 Agreement to Terms

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("you", "your", "User", "Customer") and OpenSign ("OpenSign", "we", "us", "our") governing your access to and use of:

• The OpenSign website located at opensign.us
• The OpenSign digital signage application and platform
• All related services, features, content, and applications (collectively, the "Service")

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use the Service.

1.2 Additional Terms

Certain features of the Service may be subject to additional terms, guidelines, or rules ("Additional Terms") which will be posted in connection with such features. All such Additional Terms are incorporated by reference into these Terms. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall control with respect to that specific feature or service.

1.3 Privacy Policy

Your privacy is important to us. Our Privacy Policy, available at opensign.us/privacy, explains how we collect, use, and protect your personal information. By using the Service, you also agree to the terms of our Privacy Policy.

1.4 GDPR and CCPA Compliance

For users in the European Union, European Economic Area, United Kingdom, California, and other jurisdictions with specific privacy rights, please also review our GDPR Compliance page at opensign.us/gdpr for information about your data protection rights.

2. Changes to Terms

2.1 Right to Modify

We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes to these Terms, we will:

1. Update the "Last Updated" date at the top of this document
2. Provide notice through one or more of the following methods:
   • Email notification to your registered email address
   • Prominent notice on our website or within the Service
   • In-app notification when you next log in
3. Provide at least 30 days' advance notice for material changes that negatively affect your rights

2.2 Acceptance of Modified Terms

Your continued use of the Service after the effective date of any modified Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your account as described in Section 14.

2.3 Material Changes

"Material changes" include, but are not limited to:

• Changes to pricing or subscription terms
• Significant reductions in Service functionality
• Changes to limitation of liability or warranty provisions
• Changes to dispute resolution procedures
• New restrictions on acceptable use

2.4 Non-Material Changes

We may make non-material changes (such as clarifications, formatting updates, or corrections) without advance notice. We encourage you to review these Terms periodically.

3. Description of Service

3.1 Service Overview

OpenSign provides a cloud-based digital signage platform that enables users to:

• Create, manage, and schedule digital content for display
• Deploy content to multiple screens and devices
• Manage display playlists and schedules
• Monitor screen status and performance
• Organize content in a centralized dashboard
• Display content through web browsers on various devices

3.2 Service Features

The Service includes, but is not limited to:

Content Management:

• Upload and store images, videos, and HTML content
• Create and edit playlists
• Schedule content for display at specific times
• Organize content with folders and tags

Display Management:

• Connect and manage multiple screens
• Monitor screen status and connectivity
• Configure display settings and orientations
• Remote screen control and updates

User Interface:

• Web-based dashboard accessible from any browser
• Responsive design for desktop and mobile access
• Real-time updates and synchronization

Technical Infrastructure:

• Cloud hosting on Amazon Web Services (AWS)
• Secure data storage and transmission
• Automatic backups and redundancy
• Content delivery optimization

3.3 Beta Features

From time to time, we may offer beta, preview, or experimental features ("Beta Features") that are still under development. Beta Features:

• Are provided "AS IS" without warranties
• May be unstable, incomplete, or contain bugs
• May be changed or discontinued at any time without notice
• May not be covered by our Service Level commitments
• Should not be used for production or critical applications

Your use of Beta Features is at your own risk. We welcome feedback but are under no obligation to provide support for Beta Features.

3.4 Service Modifications

We reserve the right to:

• Add, modify, or discontinue any aspect of the Service
• Change features, functionality, or user interfaces
• Impose usage limits or restrictions
• Modify system requirements or compatibility

See Section 13 for more details on Service modifications.

4. Eligibility and Account Registration

4.1 Eligibility Requirements

To use the Service, you must:

Age Requirements:

• Be at least 18 years old, OR
• Be at least 13 years old with verifiable parental or guardian consent, OR
• Be using the Service on behalf of an educational institution with appropriate authorization

Legal Capacity:

• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under any applicable laws
• Not be located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country
• Not be listed on any U.S. Government list of prohibited or restricted parties

Authority:

• If registering on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms

4.2 Account Registration

To access certain features of the Service, you must register for an account by providing:

Required Information:

• Full name
• Valid email address
• Secure password meeting our requirements
• Acceptance of these Terms and Privacy Policy

Optional Information:

• Company or organization name
• Phone number
• Profile picture

Authentication Methods: You may register and log in using:

• Email and password
• Google account (Google Sign-In)
• Facebook account (Facebook Login)

When using third-party authentication, you agree to comply with the terms and policies of those third-party services.

4.3 Account Accuracy

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Notify us immediately of any changes to your email address or contact information
• Correct any inaccuracies in your account information

4.4 Account Security

Your Responsibilities:

• Maintain the confidentiality of your password and account credentials
• Use a strong, unique password
• Enable multi-factor authentication (strongly recommended)
• Not share your account credentials with anyone
• Notify us immediately at support@opensign.us of any unauthorized access or security breach
• Log out from your account when using shared or public devices
• Take reasonable precautions to prevent unauthorized access

Our Actions: We reserve the right to suspend or terminate accounts that show signs of compromise or unauthorized access.

4.5 Account Ownership

Individual Accounts:

• You are the sole owner of accounts registered in your personal name
• Accounts are non-transferable except with our prior written consent

Organization Accounts:

• The organization is the owner of the account
• The organization controls access and user permissions
• The organization is responsible for all account activity

4.6 One Account Per User

Each person may only create and maintain one account. Creating multiple accounts for the purpose of:

• Circumventing usage limits
• Obtaining multiple free trials or free plans
• Evading suspension or termination
• Any other improper purpose

is prohibited and may result in termination of all associated accounts.

5. Subscription Plans and Pricing

5.1 Available Plans

OpenSign offers the following subscription plans:

Free Plan

Price: $0 (Free forever) Features:

• Full access to all OpenSign features
• 1 screen connection
• 1GB total storage
• Community support
• No credit card required

Limitations:

• Limited to 1 active screen
• Storage capped at 1GB
• Lower priority support

Pro Plan

Price: $9.00 USD per month (or equivalent in your local currency) Annual Price: $97.20 USD per year (10% discount - equivalent to $8.10/month) Features:

• Full access to all OpenSign features
• Up to 10 screen connections
• 1GB total storage per screen (10GB total)
• Priority email support
• Advanced analytics and reporting
• Custom branding options
• Content templates and resources

Billing:

• Billed monthly in advance for monthly subscriptions
• Billed annually in advance for annual subscriptions
• All prices in USD unless otherwise specified

Business Plan

Price: Custom pricing based on requirements Features:

• Everything in Pro Plan, plus:
• Unlimited screens
• Custom storage limits
• Dedicated account manager
• Priority phone and email support
• Service Level Agreement (SLA) options
• Custom integrations and API access
• White-label options (future availability)
• Onboarding and training
• Custom contract terms

To inquire: Contact us at support@opensign.us with subject "Business Plan Inquiry"

5.2 Annual Discount

Annual subscriptions receive a 10% discount compared to monthly billing:

• Pro Plan Monthly: $9.00/month = $108.00/year
• Pro Plan Annual: $97.20/year (savings of $10.80)

Annual subscriptions are billed in full at the beginning of each annual period.

5.3 Plan Comparison

*White-label options subject to future availability

5.4 Usage Limits

All plans are subject to the following usage limits:

Storage Limits:

• Free Plan: 1GB total storage
• Pro Plan: 10GB total storage (1GB per screen)
• Business Plan: Custom limits

File Size Limits:

• Maximum file size: 100MB per file
• Larger files may be supported in Business plans

Content Limits:

• No limit on number of files or playlists
• Storage capacity is the primary constraint

Bandwidth:

• Reasonable use policy applies
• Excessive bandwidth usage may be flagged for review
• Business plans can accommodate higher bandwidth needs

5.5 Fair Use Policy

All plans are subject to our fair use policy. We reserve the right to:

• Monitor usage patterns for abuse
• Contact users exceeding reasonable usage thresholds
• Require upgrade to Business plan for high-volume usage
• Suspend or throttle service in cases of severe abuse

"Reasonable use" is determined based on typical usage patterns for your subscription tier. We will always contact you before taking any action.

6. Payment Terms

6.1 Payment Obligation

By subscribing to a paid plan, you agree to pay all applicable fees for your selected subscription plan. Payment obligations are non-cancellable, and fees paid are non-refundable except as expressly stated in these Terms.

6.2 Payment Methods

We accept payment through:

• Credit cards (Visa, Mastercard, American Express, Discover)
• Debit cards
• Other payment methods supported by our payment processor (Stripe)

All payment processing is handled securely by Stripe, Inc. We do not store your full credit card information on our servers.

6.3 Payment Authorization

By providing payment information, you:

• Authorize us to charge your payment method for all fees due
• Authorize automatic recurring charges for subscription renewals
• Represent that you are authorized to use the payment method provided
• Agree to maintain valid payment information on file

6.4 Billing Cycles

Monthly Subscriptions:

• Billed on the same day each month as your initial subscription date
• Example: Subscribe on January 15 → billed on 15th of each month
• Months with fewer days: charged on the last day of the month

Annual Subscriptions:

• Billed once per year on the anniversary of your initial subscription date
• Full annual fee charged at the beginning of each annual period

6.5 Automatic Renewal

All paid subscriptions automatically renew at the end of each billing period unless:

• You cancel your subscription before the renewal date
• Your payment method fails and cannot be processed
• We terminate your account

Renewal Charges:

• You will be charged the then-current price for your subscription plan
• We will notify you of any price changes at least 30 days in advance
• Automatic renewal can be disabled in your account settings

6.6 Payment Failures

If a payment fails:

1. First Attempt: We will retry charging your payment method automatically
2. Notification: We will email you about the failed payment
3. Grace Period: You have 7 days to update your payment information
4. Retry: We will attempt to charge your payment method again after 3 days
5. Service Suspension: If payment is not received within 7 days, your account may be downgraded to the Free plan or suspended
6. Account Termination: Continued non-payment may result in account termination after 30 days

Your Responsibilities:

• Keep your payment information current
• Ensure sufficient funds are available
• Update payment method if your card expires or is replaced
• Contact support@opensign.us if you have payment issues

6.7 Taxes

You are responsible for all applicable taxes associated with your subscription, including:

• Sales tax
• Value-added tax (VAT)
• Goods and services tax (GST)
• Other similar taxes

Tax Collection:

• We will collect applicable taxes where required by law
• Tax amounts will be shown separately on your invoice
• You must provide any required tax identification numbers

Tax Exemptions:

• If you claim tax-exempt status, you must provide valid exemption documentation
• Contact support@opensign.us to submit tax exemption certificates

6.8 Price Changes

We may change subscription prices at any time. For existing subscribers:

Notice Requirements:

• At least 30 days' advance notice for price increases
• Notice provided via email and in-app notification

Your Options:

• Accept the new price (no action required)
• Cancel your subscription before the new price takes effect
• Downgrade to a different plan

Protection for Annual Subscribers:

• Your price is locked in for the duration of your current annual term
• Price changes apply at your next annual renewal
• Example: Subscribe in January 2025 for $97.20/year → price guaranteed until January 2026 renewal

6.9 Refunds and Cancellations

No Refund Policy:

All subscription fees are non-refundable. This includes:

• Partial month refunds
• Unused time on monthly subscriptions
• Unused time on annual subscriptions
• Subscription downgrades or cancellations
• Account termination or suspension
• Dissatisfaction with the Service

Limited Exceptions: We may, at our sole discretion, provide refunds in the following exceptional circumstances:

• Service failure caused by us that prevented use for an extended period
• Duplicate charges or billing errors on our part
• Violation of our Terms by us

To Request Exception: Contact support@opensign.us with "Refund Request" in the subject line. All refund decisions are final and at our sole discretion.

Service Continuation After Cancellation:

• If you cancel a subscription, your service continues until the end of your current billing period
• No refunds are provided for the remaining time in your billing period
• Your account will automatically downgrade to the Free plan at the end of the billing period
• You retain access to all paid features until the end of the billing period

6.10 Chargebacks and Payment Disputes

Chargeback Policy:

If you initiate a chargeback or payment dispute with your bank or payment provider:

1. Your account will be immediately suspended pending investigation
2. We may terminate your account if the chargeback is upheld
3. You will be responsible for all fees associated with the chargeback (typically $15-25)
4. You will not be able to create a new account without resolving the chargeback
5. We reserve the right to pursue legal action to recover fees plus costs

Proper Dispute Process: If you believe you were incorrectly charged, you must:

1. Contact support@opensign.us BEFORE initiating a chargeback
2. Provide details of the disputed charge
3. Allow us 10 business days to investigate and respond
4. Only initiate a chargeback if we do not resolve the issue satisfactorily

We take chargebacks seriously and will work with you to resolve legitimate billing issues.

6.11 Subscription Modifications

Upgrades:

• Effective immediately upon purchase
• Pro-rated charge for the remaining billing period
• Example: Upgrade from Free to Pro on day 15 of month → charged 50% of monthly fee for remaining days plus full fee next month

Downgrades:

• Take effect at the end of your current billing period
• No refunds for unused time
• You continue to have access to paid features until the end of the billing period
• Data exceeding new plan limits must be removed before downgrade takes effect

Plan Changes:

• Can be made at any time through your account settings
• Some restrictions may apply (e.g., must delete extra screens before downgrading)
• Contact support@opensign.us for assistance

7. Free Trial and Free Plan

7.1 Free Plan (Not a Trial)

OpenSign offers a Free plan that:

• Is available indefinitely (not a limited trial)
• Includes full features with limitations on number of screens and storage
• Requires no credit card
• Can be used forever at no cost
• Includes community support

The Free plan is not a trial and does not expire or automatically convert to a paid plan.

7.2 No Free Trial for Paid Plans

We do not currently offer free trials for Pro or Business plans. The Free plan serves as a way to evaluate the Service before committing to a paid subscription.

7.3 Eligibility for Free Plan

One Free Plan Per Person/Organization:

• Each individual or organization is limited to one Free plan account
• Creating multiple Free plan accounts is prohibited
• Violations may result in termination of all accounts

Promotional Offers:

• We may occasionally offer promotional discounts or extended trials
• Promotional terms will be clearly communicated
• Standard Terms apply unless otherwise specified

7.4 Upgrading from Free Plan

You may upgrade from the Free plan to a paid plan at any time:

• Upgrade through your account settings
• Paid features activate immediately
• Billing begins immediately
• No refunds if you change your mind (see Section 6.9)

8. Account Responsibilities

8.1 Account Activity

You are fully responsible for all activity that occurs under your account, including:

• All content uploaded, created, or displayed
• All users granted access to your account
• All actions taken by users with access to your account
• All fees and charges incurred
• Compliance with these Terms and applicable laws

This responsibility applies even if the activity was performed by:

• Someone you gave your password to
• An unauthorized person who obtained your password
• A team member or employee you granted access to
• Any third party using your account

8.2 Account Security Obligations

You must:

• Maintain Confidentiality: Keep your password and login credentials confidential and secure
• Strong Passwords: Use strong, unique passwords (minimum 8 characters, combination of letters, numbers, and symbols)
• No Sharing: Never share your account credentials with anyone
• Multi-Factor Authentication: Enable two-factor authentication when available (strongly recommended)
• Monitor Activity: Regularly review account activity for unauthorized use
• Immediate Notification: Notify us immediately at support@opensign.us if you suspect:
  • Unauthorized access to your account
  • Compromise of your password
  • Any security breach or vulnerability
  • Use of your account without your permission

8.3 Account Permissions

Individual Accounts:

• Only you may access and use your account
• You may not share account access with others
• Each user should have their own account

Organization Accounts:

• You may grant access to multiple team members
• You are responsible for all actions by team members
• You must immediately revoke access for former team members
• You are responsible for managing user permissions appropriately

8.4 Prohibited Account Actions

You may not:

• Share your account with others (except organization team members)
• Allow others to use your account credentials
• Create multiple accounts to circumvent plan limitations
• Sell, trade, or transfer your account to another person
• Create an account using false information or impersonating another person
• Use automated means to create accounts
• Create accounts for illegal or unauthorized purposes

8.5 Account Monitoring

We reserve the right to:

• Monitor account activity for security and compliance purposes
• Investigate suspicious activity
• Suspend accounts showing signs of compromise
• Require password changes for security reasons
• Contact you regarding suspicious account activity

8.6 Inactive Accounts

Accounts that remain inactive for 365 days or more may be subject to:

• Email notification about inactivity
• Automatic downgrade to Free plan (for paid accounts)
• Eventual account closure after additional notice
• Content deletion after account closure

To keep your account active:

• Log in at least once per year
• Maintain an active paid subscription
• Respond to inactivity notifications

9. Acceptable Use Policy

9.1 Permitted Use

You may use the Service to:

• Create and display legal, appropriate digital signage content
• Manage content displays for business, educational, or personal purposes
• Display commercial advertising and promotional content
• Display informational content
• Display entertainment content (videos, images, etc.)
• Display news, weather, and public information

We explicitly allow:

• Commercial advertising and promotional content
• Political campaign advertisements and political content
• Cryptocurrency, NFT, and blockchain-related content
• Gambling and gaming-related content (where legal)
• Educational and informational content
• Entertainment and media content

9.2 Prohibited Content

You may not use the Service to create, upload, display, or distribute content that:

Illegal Content

• Violates any local, state, national, or international law or regulation
• Promotes or facilitates illegal activities
• Depicts or promotes the sale of illegal drugs, weapons, or controlled substances
• Violates intellectual property rights (copyright, trademark, patent, trade secret)
• Contains stolen or leaked confidential information

Adult and Sexual Content

• Pornography or sexually explicit material
• Nudity or sexual acts
• Sexual exploitation or sexualization of minors
• Adult services or escort advertisements

Violence and Harm

• Graphic violence, gore, or mutilation
• Content that glorifies or promotes violence
• Instructions for creating weapons or explosives
• Self-harm, suicide, or eating disorders
• Animal abuse or cruelty

Hate Speech and Discrimination

• Content that promotes hatred, violence, or discrimination based on:
  • Race or ethnicity
  • National origin
  • Religion
  • Gender or gender identity
  • Sexual orientation
  • Disability
  • Age
  • Any other protected characteristic
• Harassment, bullying, or threatening content
• Doxxing or sharing private information without consent

Harmful or Deceptive Content

• Malware, viruses, or malicious code
• Phishing attempts or scams
• Fraudulent or deceptive content
• Misinformation that could cause immediate physical harm (e.g., dangerous health advice)
• Pyramid schemes or multi-level marketing schemes that violate laws
• Content designed to manipulate or deceive viewers

Child Safety

• Any content involving minors in inappropriate contexts
• Child sexual abuse material (CSAM)
• Content that sexualizes, grooms, or exploits children
• Any violation of child protection laws

9.3 Content Moderation Rights

We reserve the right to:

• Review any content uploaded or displayed through the Service
• Remove content that violates these Terms or applicable laws
• Suspend or terminate accounts that repeatedly violate these Terms
• Report illegal content to appropriate authorities
• Moderate content at our discretion if we determine it is harmful, even if not explicitly listed above

Moderation Process:

1. Automated Detection: We may use automated tools to detect prohibited content
2. User Reports: Users can report content they believe violates these Terms
3. Manual Review: Reported content may be reviewed by our team
4. Action: We may remove content, issue warnings, suspend, or terminate accounts
5. Appeal: You may appeal moderation decisions by contacting support@opensign.us

We are not obligated to:

• Pre-screen or monitor all content
• Remove all prohibited content immediately
• Provide reasons for content removal in all cases

9.4 Prohibited System Use

You may not:

Abuse or Misuse

• Use the Service for any illegal purpose
• Violate any applicable laws or regulations
• Interfere with or disrupt the Service or servers
• Impose an unreasonable load on our infrastructure
• Use the Service to transmit spam or unsolicited communications
• Use the Service in any manner that could disable, overburden, or impair it

Security Violations

• Attempt to gain unauthorized access to the Service, accounts, or systems
• Bypass any security features or access controls
• Use any automated means (bots, scrapers, spiders) without written permission
• Probe, scan, or test the vulnerability of any system or network
• Breach or circumvent any security or authentication measures
• Access data not intended for you or log into a server/account you're not authorized to access

Cryptocurrency Mining and Resource Abuse

• Cryptocurrency mining is strictly prohibited
• Use of our infrastructure for distributed computing or resource-intensive operations
• Any use that consumes excessive computational resources
• Running scripts or applications that negatively impact Service performance for others

Reverse Engineering

• Reverse engineer, decompile, or disassemble the Service
• Attempt to derive the source code of the Service
• Create derivative works based on the Service
• Frame or mirror any part of the Service without written permission

Commercial Exploitation

• Resell, sublicense, or redistribute the Service without written permission
• Use the Service to provide services to third parties (except as part of Business plan)
• Create a competing product or service
• Use the Service for benchmarking without written permission

9.5 Enforcement

Violations of this Acceptable Use Policy may result in:

1. Warning: First-time minor violations may result in a warning
2. Content Removal: Removal of violating content without notice
3. Service Restriction: Temporary restriction of Service features
4. Account Suspension: Temporary suspension of account access
5. Account Termination: Permanent termination without refund
6. Legal Action: Reporting to law enforcement and civil legal action
7. Ban: Prohibition from creating new accounts

Severity Levels:

• Minor: Warning and content removal
• Moderate: Suspension and potential termination
• Severe: Immediate termination and potential legal action

We reserve the right to immediately terminate accounts for severe violations without warning or refund.

9.6 Reporting Violations

To report content or activity that violates these Terms:

Email: support@opensign.us
Subject: "Acceptable Use Policy Violation Report"
Include:

• Description of the violation
• URL or account information (if applicable)
• Screenshots or evidence (if available)
• Your contact information

We take all reports seriously and will investigate promptly. We may not be able to provide details about the outcome due to privacy considerations.

9.7 Legal Compliance

You are responsible for ensuring your use of the Service complies with:

• All applicable local, state, federal, and international laws
• Industry-specific regulations (e.g., HIPAA, FERPA, financial regulations)
• Advertising standards and regulations
• Content licensing and copyright laws
• Data protection and privacy laws
• Export control laws

You represent and warrant that:

• Your content does not violate any laws or third-party rights
• You have all necessary rights, licenses, and permissions for your content
• Your use of the Service is lawful in your jurisdiction

10. Content and Intellectual Property

10.1 Your Content Ownership

You retain all ownership rights to content you create, upload, or display through the Service ("Your Content"). This includes:

• Images, videos, and multimedia files you upload
• Playlists and schedules you create
• Text, HTML, and custom content you generate
• Any other materials you provide or create

We do not claim ownership of Your Content.

10.2 License Grant to Us

By uploading or creating content through the Service, you grant OpenSign a limited, worldwide, non-exclusive, royalty-free license to:

Permitted Uses:

• Store Your Content on our servers
• Process and transmit Your Content for display purposes
• Cache and deliver Your Content through content delivery networks
• Create backup copies for disaster recovery
• Display Your Content on screens you've configured
• Make technical reproductions necessary to provide the Service

Limitations:

• We will not use Your Content for any purpose beyond providing the Service
• We will not display Your Content publicly or share it with third parties (except as necessary to provide the Service, such as AWS hosting)
• We will not use Your Content for marketing or promotional purposes without your explicit written consent
• This license terminates when you delete Your Content or close your account (subject to backup retention policies)

10.3 Your Content Responsibilities

You are solely responsible for Your Content and warrant that:

• You own or have all necessary rights, licenses, and permissions to use and license Your Content
• Your Content does not violate any third-party intellectual property rights
• Your Content complies with all applicable laws and regulations
• Your Content does not violate these Terms or our Acceptable Use Policy
• You have obtained all necessary releases and permissions for any people, trademarks, or copyrighted materials appearing in Your Content
• You have rights to publicly display Your Content in the manner you intend

You agree to indemnify us for any claims arising from Your Content (see Section 17).

10.4 Content Restrictions

File Formats Supported:

• Images: JPEG, PNG, GIF, WebP, SVG
• Videos: MP4, WebM, MOV (H.264/H.265 encoding)
• Documents: PDF (for display purposes)
• Web Content: HTML, CSS, JavaScript

File Size Limits:

• Maximum file size: 100MB per file
• Total storage: Based on your subscription plan (see Section 5.4)

Content Quality:

• You should ensure Your Content is appropriate resolution for your displays
• We may compress or optimize Your Content for performance
• Quality may vary based on network conditions and device capabilities

10.5 Prohibited Content (Intellectual Property)

You may not upload or display content that:

• Infringes copyright, trademark, patent, or other intellectual property rights
• Contains pirated or unauthorized copyrighted material
• Uses trademarks without permission
• Contains trade secrets or confidential information you're not authorized to share
• Violates any licensing agreements or usage rights
• Contains watermarked content from stock photo sites without proper license

10.6 DMCA and Copyright Compliance

OpenSign respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA).

DMCA Takedown Notice:

If you believe content on the Service infringes your copyright, please send a DMCA notice to:

Email: support@opensign.us
Subject: "DMCA Takedown Notice"
Physical Address: MUST BE ADDED - REQUIRED BY DMCA

Your notice must include:

1. Your physical or electronic signature
2. Identification of the copyrighted work claimed to be infringed
3. Identification of the infringing material and its location on the Service
4. Your contact information (address, phone, email)
5. A statement that you have a good faith belief the use is unauthorized
6. A statement, under penalty of perjury, that the information is accurate and you're authorized to act on behalf of the copyright owner
7. Statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner."

Counter-Notice:

If your content was removed due to a DMCA notice and you believe it was removed in error, you may file a counter-notice:

Email: support@opensign.us
Subject: "DMCA Counter-Notice"

Your counter-notice must include:

1. Your physical or electronic signature
2. Identification of the removed content and its former location
3. A statement, under penalty of perjury, that the content was removed by mistake or misidentification
4. Your name, address, and phone number
5. A statement consenting to jurisdiction in your federal district court

DMCA Process:

1. We receive valid DMCA notice
2. We remove or disable access to allegedly infringing content
3. We notify the content uploader
4. Uploader may file counter-notice
5. If counter-notice received, we may restore content after 10-14 business days unless copyright owner files legal action

Repeat Infringer Policy:

Users who repeatedly infringe copyrights will have their accounts terminated. We track DMCA notices and maintain a three-strikes policy:

1. First notice: Warning and content removal
2. Second notice: Temporary suspension
3. Third notice: Permanent account termination

10.7 Trademark Use

Your Trademarks: You may display your own trademarks and logos as part of Your Content, subject to your own trademark rights.

Third-Party Trademarks: You may not use others' trademarks without proper authorization. This includes:

• Using others' logos or brand names without permission
• Creating confusion about endorsement or affiliation
• Using trademarks in a way that violates trademark law

10.8 OpenSign Intellectual Property

Our Ownership:

The Service and all associated intellectual property rights are owned by OpenSign or our licensors. This includes:

• The OpenSign name, logo, and branding
• The Service software, code, and architecture
• The user interface, design, and visual elements
• Documentation, tutorials, and help materials
• Features, functionality, and technology
• All text, graphics, and materials we create

Your Rights:

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for its intended purpose
• Display OpenSign branding as part of normal Service use (e.g., watermarks on Free plan)

Restrictions:

You may not:

• Use the "OpenSign" name or logo outside the Service without written permission
• Remove, modify, or obscure any copyright, trademark, or proprietary notices
• Copy or reproduce the Service or any part of it
• Create derivative works based on the Service
• Use our intellectual property for any commercial purpose outside the Service

10.9 Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"):

• We may use your Feedback without obligation or compensation to you
• You grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate Feedback
• You waive any moral rights or attribution rights to Feedback
• We are not obligated to implement or act on any Feedback

We appreciate your Feedback and use it to improve the Service, but by providing it, you agree we can use it freely.

10.10 User-Generated Content Display

Public Display: Any content you configure to be displayed on public screens will be visible to anyone who can see those screens. By displaying content publicly, you:

• Consent to the public display of that content
• Represent you have all necessary rights to display it publicly
• Understand OpenSign is not responsible for how viewers use or reproduce displayed content

Privacy Considerations:

• Do not display sensitive or confidential information on public screens
• Consider who will view your content and in what context
• Remember that displayed content may be photographed or recorded by viewers

11. Privacy and Data Protection

11.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, available at opensign.us/privacy.

By using the Service, you agree to:

• The terms of our Privacy Policy
• Our data collection, use, and sharing practices
• Our use of cookies and tracking technologies

Please read our Privacy Policy carefully to understand how we handle your data.

11.2 GDPR and International Privacy Rights

For users in the EU, EEA, UK, and other jurisdictions with specific privacy rights:

• See our GDPR Compliance page at opensign.us/gdpr
• You have rights to access, correct, delete, and port your data
• You can object to certain processing and withdraw consent
• You can lodge complaints with supervisory authorities

For users in California and other US states with privacy laws:

• See the California-specific sections in our Privacy Policy
• You have rights to know, access, delete, and correct your data
• You can opt out of sales (we don't sell data) and limit use of sensitive information

11.3 Data Controller vs. Data Processor

OpenSign acts as:

Data Controller for:

• Your account information (name, email, password)
• Billing and payment information
• Usage analytics and Service improvement data
• Support communications

Data Processor for:

• Content you upload and display (images, videos, etc.)
• Your end-users' data (if applicable)
• Display configurations and playlists

When acting as a processor, you are the data controller and are responsible for:

• Obtaining necessary consents and providing privacy notices
• Ensuring lawful processing of personal data
• Complying with applicable data protection laws
• Entering into a Data Processing Agreement (for business customers)

11.4 Data Processing Agreement (DPA)

For business customers who process personal data through the Service (e.g., displaying content that includes personal information):

• A Data Processing Agreement (DPA) is available upon request
• The DPA includes Standard Contractual Clauses for international transfers
• Contact support@opensign.us with subject "DPA Request" to obtain our DPA
• The DPA is required for GDPR compliance if you process EU personal data

11.5 Data Storage and Security

Where We Store Data:

• Primary location: United States (AWS us-east-1 region)
• Backups: Encrypted backups in AWS infrastructure
• Content Delivery: AWS CloudFront global network

Security Measures:

• Encryption in transit (TLS 1.2+) and at rest (AES-256)
• Access controls and authentication
• Regular security audits and monitoring
• Incident response procedures

See our Privacy Policy for complete security details.

11.6 Data Retention

Active Accounts:

• Your content: Retained until you delete it
• Account data: Retained while account is active
• Usage logs: 26 months

Closed Accounts:

• 30-day grace period: Your content is retained for 30 days after account closure for possible account reactivation
• After 30 days: All content and personal data are permanently deleted
• Backups: Overwritten within 35 days according to backup rotation schedule

Legal Requirements:

• Some data may be retained longer for legal compliance (e.g., tax records: 7 years)
• Data subject to legal holds is retained as required

11.7 Data Export and Portability

You can export your data by:

• Self-Service: Downloading files individually through your account dashboard
• Bulk Export: Requesting a complete export by contacting support@opensign.us with subject "Data Export Request"

Export format:

• Content: Original file formats (JPEG, PNG, MP4, etc.)
• Metadata: JSON or CSV format
• Playlists: JSON format with references to content files

Timeline:

• Self-service exports: Immediate
• Bulk exports: Within 30 days (typically within 7 days)

11.8 Data Deletion

You can request deletion of your data by:

• Deleting individual files through your account dashboard
• Closing your account (Account Settings > Close Account)
• Contacting support@opensign.us with subject "Data Deletion Request"

Deletion process:

• Content deleted from active systems within 48 hours
• Backups overwritten within 35 days
• Some data retained for legal compliance (see Section 11.6)

Exceptions:

• We may retain data required by law
• Anonymized data may be retained indefinitely
• Data in active legal proceedings may be preserved

11.9 Third-Party Services

We use third-party services that may access your data:

• AWS: Hosting, storage, email delivery
• Stripe: Payment processing
• Google: Analytics (anonymized), authentication
• Facebook: Authentication

Each service has its own privacy policy. See our Privacy Policy for complete list and links.

11.10 Cookies

We use cookies for:

• Authentication and session management
• Preferences and settings
• Analytics (Google Analytics - can be disabled)

See our Privacy Policy for complete cookie information and opt-out options.

12. Service Availability and Support

12.1 Service Availability

Uptime Commitment:

We strive to provide reliable, consistent service availability. However:

• We do not guarantee 100% uptime or uninterrupted service
• We do not provide a specific Service Level Agreement (SLA) for Free or Pro plans
• Business plan customers may negotiate custom SLA terms

Best Efforts:

• We use commercially reasonable efforts to maintain Service availability
• Our infrastructure is designed for high availability and redundancy
• We monitor Service health and performance 24/7
• We respond promptly to outages and performance issues

What This Means:

• Service may occasionally be unavailable due to maintenance, updates, or unforeseen issues
• We cannot guarantee specific uptime percentages
• We are not liable for service interruptions (see Section 16)

12.2 Planned Maintenance

We may perform scheduled maintenance that temporarily affects Service availability:

Notification:

• We will make commercially reasonable efforts to notify users in advance of planned maintenance
• Notification methods may include: email, in-app notifications, status page updates
• We aim to provide notice when possible, but are not obligated to do so

Timing:

• We attempt to schedule maintenance during off-peak hours
• Critical security updates may be applied with minimal or no notice
• Maintenance windows are typically kept as short as possible

During Maintenance:

• Service may be unavailable or have limited functionality
• Content displays may not update during maintenance
• Account access may be temporarily restricted

12.3 Unplanned Outages

Service interruptions may occur due to:

• Hardware or software failures
• Network or connectivity issues
• Third-party service provider outages (AWS, etc.)
• Security incidents or attacks
• Force majeure events (see Section 19.9)

Our Response:

• We work to restore Service as quickly as possible
• Status updates may be provided on our website or via email
• We investigate root causes and implement preventive measures

No Compensation:

• Unplanned outages do not entitle you to refunds or service credits
• Service interruptions do not void payment obligations

12.4 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue the Service or any feature at any time
• Change system requirements or supported platforms
• Update or improve features and functionality
• Remove or deprecate features with reasonable notice

See Section 13 for details on Service modifications.

12.5 Support Levels

Free Plan Support:

• Community Support: Access to community forums and knowledge base
• Email Support: Best-effort response to support inquiries
• Response Time: No guaranteed response time
• Channels: Email only (support@opensign.us)

Pro Plan Support:

• Priority Email Support: Higher priority in support queue
• Response Time: Target 24-48 hours for initial response (business days)
• Channels: Email (support@opensign.us)
• Support Hours: Business hours (Monday-Friday, 9 AM - 5 PM EST, excluding holidays)

Business Plan Support:

• Dedicated Account Manager: Assigned point of contact
• Priority Support: Highest priority in support queue
• Response Time: Custom SLA with guaranteed response times
• Channels: Email, phone, and potentially video calls
• Support Hours: Extended or 24/7 support available depending on agreement

12.6 Support Limitations

We are not obligated to provide support for:

• Third-party hardware or devices (displays, media players, etc.)
• Third-party software or operating systems
• Network connectivity issues outside our control
• Content creation or design services
• Custom development or integrations (except as part of Business plan)
• Issues caused by violations of these Terms
• Beta features or experimental functionality

12.7 Support Response Times

Response times are targets, not guarantees:

• Free Plan: Best effort (typically 3-7 business days)
• Pro Plan: 24-48 hours target (business days)
• Business Plan: Custom SLA (may include 1-4 hour response times)

Business Days:

• Monday - Friday, 9 AM - 5 PM Eastern Time (US)
• Excluding US federal holidays

After-Hours Support:

• Not available for Free or Pro plans
• Available for Business plans with premium support agreements

12.8 Emergency Maintenance

In case of security threats or critical issues:

• We may perform emergency maintenance with little or no advance notice
• Service may be temporarily interrupted to protect security and data
• We will work to restore Service as quickly as possible
• We will communicate about emergency maintenance when possible

12.9 Status Updates

Service Status:

• Current status may be available on our website or status page
• We may provide status updates via email or social media during major outages
• No obligation to provide status updates for all service issues

12.10 No Monitoring Obligation

We are not obligated to:

• Monitor your displays or content 24/7
• Alert you to display connectivity issues
• Notify you of content display problems
• Monitor for content policy violations

You are responsible for monitoring your own displays and ensuring content displays correctly.

13. Modifications to the Service

13.1 Right to Modify

We reserve the right, at our sole discretion, to:

• Modify or update features and functionality
• Add new features or capabilities
• Remove or deprecate existing features
• Change user interfaces and design
• Update system requirements or compatibility
• Modify APIs or integration capabilities

You acknowledge that the Service may change over time and your continued use constitutes acceptance of modifications.

13.2 No Obligation to Maintain Features

We are not obligated to:

• Maintain any particular feature indefinitely
• Provide all features to all subscription tiers
• Support all devices, browsers, or platforms
• Maintain backwards compatibility

13.3 Notice of Material Changes

For material changes that significantly affect functionality:

• We will provide reasonable advance notice when possible
• Notice may be provided via email, in-app notifications, or website announcements
• "Material changes" include removal of major features or significant functionality reductions

Non-Material Changes:

• Minor updates, bug fixes, and improvements may be made without notice
• UI/UX updates may be made without advance notice
• Performance optimizations do not require advance notice

13.4 Beta and Experimental Features

We may offer Beta Features (see Section 3.3) that:

• Are still under development and testing
• May be unstable or change significantly
• May be discontinued at any time without notice
• Are provided "AS IS" without warranties

Use of Beta Features is voluntary and at your own risk.

13.5 Feature Deprecation

When we deprecate features:

• We will provide reasonable notice when possible (typically 30-90 days)
• We may offer alternative features or migration paths
• Deprecated features may continue to work for a transition period
• No refunds or compensation for deprecated features

13.6 Your Responsibilities

When Service changes occur:

• You are responsible for reviewing updates and changes
• You must adapt to new features or interfaces
• You should test compatibility with your displays and content
• You may need to update your content or configurations

No Right to Old Versions:

• You cannot require us to maintain older versions of the Service
• You cannot refuse updates or changes and continue using the Service

14. Termination and Suspension

14.1 Termination by You

You may terminate your account at any time by:

Method 1 - Self-Service:

• Log in to your account
• Navigate to Account Settings > Close Account
• Follow the prompts to confirm account closure

Method 2 - Email Request:

• Send email to support@opensign.us
• Subject: "Account Termination Request"
• Include your account email and confirmation that you want to close your account

Effect of Termination:

• Paid subscriptions: Service continues until end of current billing period (no refund)
• Free plan: Immediate account closure
• Content deletion: All content deleted after 30-day grace period (see Section 14.6)
• No further charges after current billing period ends
• Loss of access to all account data and content

14.2 Termination by Us

We may terminate or suspend your account immediately, with or without notice, for:

Violations of Terms:

• Violation of Acceptable Use Policy (Section 9)
• Violation of Content restrictions (Section 10)
• Violation of any provision of these Terms
• Repeated violations after warnings

Payment Issues:

• Non-payment of fees (after grace period)
• Chargebacks or payment disputes
• Fraudulent payment methods

Security Concerns:

• Account compromise or unauthorized access
• Use of the Service to harm others or our systems
• Security violations or hacking attempts

Legal Requirements:

• Court orders or legal obligations
• Law enforcement requests
• Compliance with applicable laws

Business Reasons:

• Discontinuation of Service to your region
• Business decisions at our sole discretion

Effect of Termination by Us:

• Immediate loss of access to your account
• No refunds of any fees paid
• Content may be immediately deleted (no grace period)
• You may be prohibited from creating new accounts

14.3 Suspension of Service

We may temporarily suspend your account (without termination) for:

• Investigation of suspected violations
• Payment issues during grace period
• Security concerns pending verification
• Pending resolution of disputes

During Suspension:

• You cannot access your account or content
• Content displays will not function
• Billing may continue unless account is terminated
• We will notify you of suspension and reasons (unless prohibited by law)

Reinstatement:

• Suspended accounts may be reinstated after issues are resolved
• You must address the cause of suspension
• We may require verification or additional information
• Reinstatement is at our sole discretion

14.4 Effect on Payment Obligations

Termination or suspension does not affect payment obligations:

• You remain liable for all fees incurred before termination
• No refunds for unused time or service interruptions
• Outstanding balances remain due and payable
• We may pursue collection of unpaid fees

14.5 Post-Termination Obligations

After account termination, you must:

• Stop using the Service immediately
• Remove any OpenSign integrations or API connections
• Not attempt to access the Service or create new accounts (if banned)
• Pay any outstanding fees or charges

Survival: Certain provisions survive termination, including:

• Payment obligations
• Indemnification obligations
• Limitations of liability
• Dispute resolution provisions
• Intellectual property rights

14.6 Data Retention After Termination

Voluntary Termination (by you):

• 30-day grace period: Your content is retained for 30 days
• During grace period: You can request account reactivation by contacting support@opensign.us
• After 30 days: All content and personal data are permanently deleted
• Account data: Deleted after 90 days
• Backups: Overwritten within 35 days

Involuntary Termination (by us):

• Content may be immediately deleted with no grace period
• Account data deleted after 30 days
• We may retain data longer if required by law or for legal proceedings

Data Export:

• We recommend exporting your data before terminating your account
• After termination, data export may not be available
• During grace period: Data export available upon request

Exceptions:

• Data required for legal compliance retained as required by law
• Anonymized data may be retained indefinitely
• Data involved in legal proceedings preserved as necessary

14.7 Prohibition on New Accounts

If your account is terminated for violations:

• You may be prohibited from creating new accounts
• We may use various methods to detect and prevent new account creation
• Attempting to circumvent a ban may result in legal action
• This prohibition may be permanent

15. Disclaimers and Warranties

15.1 "AS IS" and "AS AVAILABLE" Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

To the fullest extent permitted by law, OpenSign disclaims all warranties, express or implied, including but not limited to:

No Warranty of:

• Merchantability: That the Service is suitable for sale or use
• Fitness for a Particular Purpose: That the Service meets your specific needs or requirements
• Non-Infringement: That the Service does not infringe third-party rights
• Title: That we have full rights to provide the Service
• Quality: That the Service meets any particular standard of quality
• Accuracy: That information provided is accurate or complete
• Results: That use of the Service will achieve any particular results

15.2 No Guarantee of Availability

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• The quality of the Service will meet your expectations
• Any errors or defects will be corrected
• The Service will be available at any particular time or location
• The Service will be compatible with all devices or platforms

Service interruptions may occur due to maintenance, updates, security issues, third-party failures, or other causes.

15.3 No Warranty for Third-Party Services

Third-party services and integrations (AWS, Stripe, Google, Facebook, etc.) are provided "AS IS" without warranty from us. We are not responsible for:

• Availability or reliability of third-party services
• Changes to third-party services or APIs
• Actions or omissions of third-party providers
• Security or privacy practices of third parties

15.4 No Warranty for Your Content

We do not warrant:

• That Your Content will be stored securely or without loss
• That Your Content will display correctly on all devices
• That Your Content will be delivered without interruption
• That backups will be available or restorable

You are responsible for:

• Maintaining your own backups of Your Content
• Ensuring Your Content is appropriate for your intended use
• Testing Your Content on your target devices

15.5 Security Disclaimer

While we implement security measures, we cannot guarantee:

• That the Service is completely secure from all threats
• That your account will not be compromised
• That data breaches will not occur
• That unauthorized access will be prevented in all cases

You use the Service at your own risk with respect to security.

15.6 No Warranty for User-Generated Content

We do not:

• Endorse any user-generated content
• Verify the accuracy or legality of user content
• Warrant that user content complies with applicable laws
• Take responsibility for user content

15.7 Beta Features Disclaimer

Beta Features are provided "AS IS" with additional disclaimers:

• May be unstable, incomplete, or non-functional
• May contain errors or bugs
• May be discontinued without notice
• Are not suitable for production or critical use
• May not be supported by customer support

Use of Beta Features is entirely at your own risk.

15.8 No Professional Advice

The Service does not provide:

• Legal advice
• Financial advice
• Medical advice
• Professional advice of any kind

You should not rely on the Service for professional advice and should consult appropriate professionals as needed.

15.9 Jurisdiction-Specific Disclaimers

Some jurisdictions do not allow:

• Exclusion of implied warranties
• Limitations on duration of implied warranties
• Certain warranty disclaimers

In such jurisdictions:

• The above disclaimers may not apply to you in full
• You may have additional rights under local law
• Our liability may be limited to the extent permitted by law

15.10 Your Acknowledgment

By using the Service, you acknowledge and agree that:

• You understand the disclaimers and limitations herein
• You accept the risks associated with using the Service
• You will not hold us liable beyond what is legally required
• You are using the Service at your own risk

16. Limitation of Liability

16.1 Types of Damages Excluded

TO THE FULLEST EXTENT PERMITTED BY LAW, OPENSIGN SHALL NOT BE LIABLE FOR ANY:

Indirect Damages:

• Lost profits, revenue, or business opportunities
• Lost data or information
• Loss of goodwill or reputation
• Loss of use or service interruption

Consequential Damages:

• Damages resulting from your reliance on the Service
• Damages from unauthorized access to your data
• Damages from Service unavailability or errors
• Damages from third-party actions or omissions

Incidental Damages:

• Costs of procurement of substitute services
• Costs of recovery or restoration
• Costs of correcting errors or problems

Special or Punitive Damages:

• Exemplary damages
• Punitive damages
• Damages intended to punish or make an example

THIS LIMITATION APPLIES EVEN IF:

• We have been advised of the possibility of such damages
• Such damages were foreseeable
• Any remedy fails of its essential purpose
• Liability arises under contract, tort, strict liability, or any other theory

16.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

Our total aggregate liability to you for any and all claims arising from or related to these Terms or the Service, whether in contract, tort, or otherwise, shall not exceed the greater of:

1. $100 USD, or
2. The total amount you paid to us in the 12 months immediately preceding the event giving rise to liability

For Free Plan users: Our maximum liability is $100 USD since no fees have been paid.

This cap applies regardless of:

• The number of claims
• The number of events
• The theory of liability
• Whether claims are brought individually or as part of a class action

16.3 Allocation of Risk

You acknowledge and agree that:

• These limitations of liability reflect a reasonable allocation of risk
• The Service pricing reflects these limitations
• You would not receive the Service at the current pricing without these limitations
• These limitations are fundamental elements of the basis of the bargain

16.4 No Liability for Third Parties

We are not liable for:

Third-Party Services:

• AWS, Stripe, Google, Facebook, or other third-party service failures
• Third-party security breaches or data losses
• Third-party changes to services or APIs
• Third-party terms violations or disputes

Third-Party Content:

• Content provided by other users
• Linked websites or external content
• Third-party advertisements or promotions

Third-Party Actions:

• Unauthorized access by third parties
• Hacking, malware, or cyber attacks
• Actions of viewers or end-users of displayed content

16.5 No Liability for Your Content

We are not liable for:

• Loss, corruption, or deletion of Your Content
• Unauthorized access to Your Content
• Incorrect display of Your Content
• Copyright or trademark infringement by Your Content
• Any damages arising from Your Content

You are solely responsible for maintaining backups of Your Content.

16.6 No Liability for User Actions

We are not liable for:

• Your violations of these Terms
• Your violations of applicable laws
• Your unauthorized use of the Service
• Damages caused by sharing your account credentials
• Actions of users you grant access to your account

16.7 Force Majeure

We are not liable for failures or delays caused by events beyond our reasonable control, including:

• Natural disasters (earthquakes, floods, fires, storms)
• Acts of war or terrorism
• Government actions or regulations
• Labor strikes or disputes
• Internet or telecommunications failures
• Power outages
• Pandemics or health emergencies
• Third-party service provider failures

See Section 19.9 for complete force majeure provisions.

16.8 Jurisdiction-Specific Limitations

Some jurisdictions do not allow:

• Exclusion or limitation of liability for consequential or incidental damages
• Limitation of liability for death or personal injury
• Limitation of liability for gross negligence or willful misconduct
• Certain types of liability limitations

In such jurisdictions:

• The above limitations may not apply to you in full
• Our liability may be limited only to the extent permitted by law
• You may have additional rights under local consumer protection laws

In particular:

• EU/EEA Residents: Limitations may not apply to liability for gross negligence, willful misconduct, death, or personal injury
• California Residents: Section 1542 waiver may not apply (see Section 19.10)
• UK Residents: Consumer Rights Act 2015 protections may apply

16.9 Sole and Exclusive Remedy

Your sole and exclusive remedy for any dispute with us is:

• Termination of your account and discontinuation of use of the Service
• Subject to the limitations in Sections 16.1 and 16.2

You waive any other remedies except as expressly provided in these Terms or required by law.

16.10 Essential Terms

You acknowledge that these limitation of liability provisions:

• Are essential terms of these Terms
• Were a material inducement for us to enter into these Terms
• Shall survive termination of these Terms
• Apply to the fullest extent permitted by law

17. Indemnification

17.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless OpenSign and our officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all:

• Claims
• Demands
• Losses
• Liabilities
• Damages
• Costs
• Expenses (including reasonable attorneys' fees)

Arising from or related to:

Your Use of the Service:

• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights (including intellectual property, privacy, or publicity rights)

Your Content:

• Infringement claims related to Your Content
• Unlawful or harmful content you upload or display
• Unauthorized use of copyrighted material, trademarks, or other IP
• Privacy violations or unauthorized disclosure of personal information
• Defamation, libel, or other torts related to Your Content

Your Account:

• Unauthorized use of your account by someone you granted access to
• Actions of team members or employees you authorized
• Sharing your account credentials with others

Your Conduct:

• Fraud or misrepresentation
• Violation of acceptable use policies
• Harmful actions toward other users or third parties
• Circumvention of usage limits or security measures

17.2 Defense and Settlement

You agree to:

• Assume control of the defense and settlement of any claim subject to indemnification
• Cooperate fully with us in the defense of any claim
• Not settle any claim without our prior written consent
• Pay all costs and expenses associated with defense and settlement

We reserve the right to:

• Assume exclusive defense and control of any matter subject to indemnification
• Require you to cooperate with our defense
• Approve any settlement that affects our rights or obligations

17.3 Notice Requirement

We will:

• Notify you promptly of any claim for which we seek indemnification
• Provide you with reasonable cooperation in the defense of the claim
• Allow you to control the defense, subject to our approval rights

You must:

• Notify us promptly of any claim you believe we should be aware of
• Provide all information and assistance we reasonably request
• Not prejudice our defense through delay or non-cooperation

17.4 Limitations on Indemnification

Your indemnification obligations do not apply to the extent losses arise from:

• Our gross negligence or willful misconduct
• Our violation of these Terms
• Our modification or misuse of Your Content beyond the scope of the license granted
• Claims for which we are expressly responsible under these Terms

17.5 Survival

Your indemnification obligations:

• Survive termination of these Terms
• Continue indefinitely for claims arising during the term
• Apply to all claims regardless of when discovered or asserted

18. Dispute Resolution and Arbitration

18.1 Informal Dispute Resolution

Before filing any legal action, you agree to:

1. Contact us first at support@opensign.us with subject "Dispute Resolution"
2. Describe the dispute in reasonable detail
3. Provide supporting information or documentation
4. Allow 30 days for us to investigate and respond
5. Engage in good faith negotiations to resolve the dispute

We will:

• Review your dispute promptly
• Respond within 30 days
• Work in good faith to resolve the matter

Most disputes can be resolved through this informal process without the need for formal legal action.

18.2 Binding Arbitration Agreement

IF INFORMAL RESOLUTION FAILS, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND OPENSIGN WILL BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN COURT.

By using the Service, you agree to:

• Resolve disputes through arbitration, not litigation
• Waive your right to a jury trial
• Waive your right to bring claims in court (except small claims court)
• Arbitration on an individual basis only (no class actions)

"Dispute" means any controversy or claim arising from or relating to:

• These Terms or any prior versions
• The Service or its use
• Your relationship with OpenSign
• Privacy or data protection matters
• Billing or payment disputes
• Any other matter related to OpenSign

Exceptions:

• Small claims court actions (see Section 18.6)
• Intellectual property disputes (see Section 18.7)
• Equitable relief requests (see Section 18.7)

18.3 Arbitration Rules and Forum

Arbitration Provider:

• American Arbitration Association (AAA)
• Rules: AAA's Consumer Arbitration Rules
• Website: www.adr.org

If AAA is unavailable:

• We will select an alternative arbitration provider
• Provider must follow similar procedural rules
• We will notify you of the alternative provider

Arbitration Location:

• In-person hearings: Your home county or North Carolina
• Remote hearings: Telephonic or video conference (if both parties agree)
• You may choose remote hearings to avoid travel

Arbitrator Selection:

• Neutral arbitrator selected according to AAA rules
• Arbitrator must be licensed attorney or retired judge
• Arbitrator must have experience in technology and contract disputes

18.4 Arbitration Procedures

Filing a Demand:

• File arbitration demand with AAA
• Provide copy to OpenSign at: ADDRESS REQUIRED or support@opensign.us
• Include description of dispute, amount sought, and desired relief

Fees:

• Your fees: You pay AAA's filing fees
• Our fees: We pay arbitrator fees and administrative costs
• Low-value claims: For claims under $10,000, we will reimburse your filing fees if you prevail

Discovery:

• Limited discovery as determined by arbitrator
• Sufficient to allow fair resolution of disputes
• Less extensive than court litigation

Hearing:

• In-person or telephonic at your option
• Duration typically one day or less
• Conducted according to AAA rules

Decision:

• Arbitrator will issue written decision with findings of fact and conclusions of law
• Decision is final and binding
• Limited grounds for appeal under the Federal Arbitration Act
• Judgment may be entered in any court with jurisdiction

18.5 Class Action Waiver

YOU AGREE TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS ONLY.

You waive your right to:

• Participate in class action lawsuits
• Participate in class-wide arbitration
• Serve as a class representative or private attorney general
• Bring claims on behalf of other users
• Consolidate multiple users' claims

Each party may bring claims only in their individual capacity.

This waiver is an essential part of this arbitration agreement. If the class action waiver is found unenforceable, the entire arbitration agreement is void, and disputes will be resolved in court (subject to Section 18.8).

Note: This waiver does not prevent you from:

• Participating in government or regulatory agency investigations
• Communicating with government agencies about potential violations
• Reporting violations to law enforcement

18.6 Small Claims Court Exception

You may bring an action in small claims court if:

• The claim qualifies for small claims court jurisdiction
• The claim is brought on an individual basis (not as part of a class action)
• The small claims court is in your county of residence or North Carolina
• The claim seeks only money damages within the small claims court limit

This exception applies only to small claims court. All other disputes must be arbitrated or resolved informally.

18.7 Equitable Relief and IP Claims

Notwithstanding the arbitration agreement, either party may seek equitable relief in court for:

Intellectual Property:

• Trademark infringement
• Copyright infringement
• Patent infringement
• Trade secret misappropriation
• Other intellectual property violations

Equitable Relief:

• Injunctive relief to prevent immediate irreparable harm
• Specific performance
• Temporary restraining orders
• Preliminary injunctions

Such actions may be brought in state or federal court in North Carolina or the jurisdiction where the violation occurred.

18.8 Governing Law and Jurisdiction

For disputes not subject to arbitration:

Governing Law:

• These Terms are governed by the laws of the State of North Carolina
• Federal laws of the United States apply where applicable
• Without regard to conflicts of law principles
• The United Nations Convention on Contracts for the International Sale of Goods does not apply

Jurisdiction:

• Exclusive jurisdiction: State and federal courts in North Carolina
• You consent to personal jurisdiction in North Carolina courts
• You waive any objections to venue or jurisdiction in North Carolina

This applies to:

• Small claims court actions
• Intellectual property disputes
• Equitable relief matters
• Enforcement of arbitration awards

18.9 Opt-Out Right

You may opt out of the arbitration agreement by:

Method:

• Send written notice to: support@opensign.us
• Subject line: "Arbitration Opt-Out"
• Include: Your name, address, email, and account information
• State: "I opt out of the arbitration agreement"

Deadline:

• Must be received within 30 days of first accepting these Terms
• First-time users: 30 days from account creation
• Existing users: 30 days from notification of updated Terms

Effect of Opt-Out:

• You will not be bound by the arbitration agreement
• Disputes will be resolved in court (subject to Section 18.8)
• All other provisions of these Terms remain in effect
• Opt-out is permanent and cannot be revoked

If you do not opt out within 30 days, you are bound by the arbitration agreement.

18.10 Changes to Arbitration Terms

If we make material changes to this arbitration agreement:

• We will notify you at least 30 days in advance
• Changes will not apply to disputes arising before the change
• You may reject changes by opting out within 30 days
• Continuing to use the Service after 30 days constitutes acceptance

19. General Provisions

19.1 Entire Agreement

These Terms constitute the entire agreement between you and OpenSign regarding the Service and supersede all prior agreements, understandings, and communications, whether oral or written.

These Terms include:

• All sections of this Terms of Service
• Our Privacy Policy (incorporated by reference)
• Our GDPR Compliance page (incorporated by reference)
• Any Additional Terms for specific features

Not included:

• Prior versions of terms or policies
• Oral statements or representations
• Marketing materials or advertisements
• Informal communications

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable:

• That provision will be modified to the minimum extent necessary to make it valid and enforceable
• If modification is not possible, the provision will be severed
• All other provisions will remain in full force and effect
• The intent of the parties will be preserved to the maximum extent possible

In particular:

• If the arbitration agreement is found invalid, disputes will be resolved in court (Section 18.8)
• If the class action waiver is invalid, the arbitration agreement is void
• If limitations of liability are found excessive, they will be reduced to the maximum allowed by law

19.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision.

Our failure to enforce any right or provision does not constitute a waiver of:

• That right or provision
• Any other right or provision
• Our right to enforce that provision in the future

Waivers must be in writing and signed by an authorized representative of OpenSign to be effective.

19.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. Any attempted assignment without consent is void.

We may assign or transfer these Terms and our rights and obligations at any time, including:

• To an affiliate or subsidiary
• In connection with a merger, acquisition, or sale of assets
• To any successor or assignee

Notice of assignment:

• We will provide reasonable notice of material assignments
• Your continued use after assignment constitutes acceptance

19.5 No Third-Party Beneficiaries

These Terms are between you and OpenSign only. There are no third-party beneficiaries.

No other person or entity has the right to enforce or benefit from these Terms, except:

• Our affiliates, officers, directors, employees, and agents (for indemnification and liability provisions)
• Our successors and permitted assigns

19.6 Relationship of Parties

These Terms do not create:

• An employment relationship
• A partnership
• A joint venture
• An agency relationship
• A franchise relationship

You are an independent user of the Service, not our employee, partner, or agent.

19.7 Notices

Notices to you:

• May be provided by email to your registered email address
• May be posted on the Service or our website
• Are effective when sent/posted, regardless of when you actually receive or read them

Notices to us:

• Must be sent to: support@opensign.us
• For legal notices, send to: ADDRESS REQUIRED
• Are effective when received

Your responsibility:

• Keep your email address current
• Check your email regularly
• Check in-app notifications
• We are not responsible for notices you fail to receive due to incorrect contact information

19.8 Export Control

The Service may be subject to export control laws of the United States and other countries.

You represent and warrant that:

• You are not located in a country subject to US embargo or trade sanctions
• You are not on any US government list of prohibited or restricted parties (including SDN list)
• You will not use the Service in violation of export control laws

You agree to:

• Comply with all applicable export control laws
• Not export, re-export, or transfer the Service or technical data to prohibited destinations or persons
• Not use the Service for any purpose prohibited by export control laws (including weapons development)

Countries currently subject to comprehensive US sanctions include (subject to change):

• Cuba, Iran, North Korea, Syria, and regions of Ukraine (Crimea, Donetsk, Luhansk)

19.9 Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control ("Force Majeure Events"), including:

Natural Disasters:

• Earthquakes, floods, fires, storms, hurricanes
• Other acts of nature

Government Actions:

• Acts of war, terrorism, or military action
• Government orders, regulations, or restrictions
• Embargoes or sanctions

Infrastructure Failures:

• Internet or telecommunications outages
• Power grid failures
• Third-party service provider failures (AWS, etc.)

Labor Issues:

• Strikes, lockouts, or labor disputes
• Shortage of labor or materials

Health Emergencies:

• Pandemics, epidemics, or quarantines
• Public health emergencies

Cyber Attacks:

• Distributed denial of service (DDoS) attacks
• Hacking or cyber terrorism
• Malware or ransomware attacks

During Force Majeure Events:

• Our performance obligations are suspended
• We will use reasonable efforts to resume performance
• We will notify you of the Force Majeure Event when possible
• Your payment obligations continue (no refunds for service interruptions)

If Force Majeure Event continues for more than 30 days:

• Either party may terminate the agreement
• No refunds or compensation for termination
• All accrued obligations remain due

19.10 California Residents

For California residents under California Civil Code Section 1542:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

You waive any rights you may have under California Civil Code Section 1542, as well as any similar statute or common law principle.

19.11 Language

These Terms are written in English. Any translations provided are for convenience only. In case of conflicts, the English version prevails.

19.12 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

19.13 Interpretation

In interpreting these Terms:

• "Including" means "including but not limited to"
• Singular includes plural and vice versa
• "Or" is not exclusive
• "Days" means calendar days unless specified otherwise
• "Writing" or "written" includes email

19.14 Electronic Signatures

You agree that:

• Electronic signatures have the same legal effect as handwritten signatures
• Electronic records satisfy any requirement for writing
• Your acceptance of these Terms constitutes a binding electronic signature

19.15 Government End Users

If you are a US government entity:

• The Service is "Commercial Computer Software" and "Commercial Computer Software Documentation"
• Licensed under these standard commercial terms
• Subject to FAR 12.212 and DFARS 227.7202
• Government use is subject to these Terms

19.16 Mobile Carriers

If you access the Service via mobile device:

• Your mobile carrier's standard charges and terms apply
• We are not responsible for carrier charges
• Service availability may depend on carrier networks
• You are responsible for all carrier-related issues

20. Contact Information

20.1 General Inquiries

For questions about these Terms or the Service:

Email: support@opensign.us
Website: https://opensign.us
Support Hours: Monday - Friday, 9 AM - 5 PM Eastern Time (US)

Response Time:

• Free Plan: Best effort (3-7 business days)
• Pro Plan: 24-48 hours (business days)
• Business Plan: Per your SLA agreement

20.2 Legal Notices

For legal notices, including:

• DMCA takedown notices
• Copyright infringement claims
• Trademark disputes
• Subpoenas or legal process
• Arbitration notices

Email: support@opensign.us
Subject: "Legal Notice Type - Legal Notice"
Physical Address: MUST BE ADDED BEFORE LAUNCH

⚠️ CRITICAL: A physical mailing address MUST be added for DMCA compliance and service of legal process. This is legally required.

20.3 Data Protection and Privacy

For privacy, data protection, or GDPR inquiries:

Email: support@opensign.us
Subject: "Privacy Request - Type"

See our Privacy Policy for complete contact information and data request procedures: opensign.us/privacy

See our GDPR Compliance page for European data protection rights: opensign.us/gdpr

20.4 Security Issues

To report security vulnerabilities or incidents:

Email: support@opensign.us
Subject: "Security Issue - URGENT"
Include: Detailed description, steps to reproduce, and impact assessment

We take security seriously and will respond to security reports promptly.

20.5 Business and Enterprise

For Business plan inquiries or custom agreements:

Email: support@opensign.us
Subject: "Business Plan Inquiry"
Include: Company information, expected usage, and specific requirements

20.6 Feedback and Suggestions

We welcome your feedback:

Email: support@opensign.us
Subject: "Feedback" or "Feature Request"

Remember: By providing feedback, you grant us the right to use it without obligation or compensation (see Section 10.9).

Final Notes

Thank You for Using OpenSign

We appreciate your business and are committed to providing you with a reliable, user-friendly digital signage platform.

Your Responsibility:

• Read these Terms carefully
• Comply with all provisions
• Use the Service lawfully and responsibly
• Contact us with any questions or concerns

Our Commitment:

• Provide reliable service to the best of our ability
• Protect your data and privacy
• Respond to your questions and concerns
• Continuously improve the Service

Stay Informed:

• Review these Terms periodically for updates
• Check your email for important notifications
• Monitor our website for service announcements
• Keep your contact information current

Questions?

If you have questions about these Terms, please don't hesitate to contact us at support@opensign.us. We're here to help!

Last Reviewed: July 16, 2025
Next Scheduled Review: January 16, 2026
Terms Version: 2.0

⚠️ Document Status: DRAFT - Not Yet Compliant for Public Launch
Required Actions Before Publishing: See legal notice at top of document

These Terms of Service are effective as of the date you accept them by using the Service.