These Terms of Service (the "Terms") are an agreement between Nine to Never LLC ("we", "us", or "our") and the person or business that creates an account ("you" or "Customer") for the use of DisplayFleet (the "Service"). By creating an account, accepting an invitation to an existing account, or using the Service, you agree to these Terms. If you are agreeing on behalf of a company or other organization, you represent that you have the authority to bind it, and "you" means that organization.
1. The Service
DisplayFleet is a hosted service for building, scheduling, and displaying digital menu boards. It lets you create menus and menu items, upload images and video, arrange them on a screen layout, schedule which menu plays at which time of day, pair display devices, and monitor whether those devices are online and showing what you asked them to show. Features available to your account depend on the plan you are on.
We may add, change, or remove features over time. If we remove or materially reduce a feature you rely on, we will use reasonable efforts to notify you in advance at the email address on your account.
2. Accounts
- You must provide accurate account information and keep it current, including a working email address, which is how we send verification, billing, and service notices.
- You are responsible for the confidentiality of your credentials and for everything done under your account, including by users you invite. Tell us promptly at support@displayfleet.com if you believe an account has been compromised.
- An account belongs to one organization. Users you invite into your organization can see and, depending on the role you give them, change your content. Choosing roles carefully is your responsibility.
- You must be at least 18 years old and capable of forming a binding contract to use the Service.
3. Acceptable use
You agree not to, and not to allow anyone using your account to:
- upload, display, or transmit content that is unlawful, infringing, defamatory, obscene, or that you do not have the rights to use;
- use the Service to display content that is deceptive about the price, availability, or nature of goods offered for sale, where doing so would be unlawful;
- attempt to gain access to another customer's account, data, or devices, or to any part of the Service you have not been granted access to;
- probe, scan, overload, or otherwise interfere with the Service or its infrastructure, including by exceeding documented rate limits or by circumventing plan limits;
- reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent that restriction is prohibited by law;
- resell, sublicense, or make the Service available to a third party as a service of your own, unless we have agreed to it in writing;
- upload malicious code, or use the Service to distribute malware or unsolicited messages.
We may suspend access, remove content, or refuse a display device that we reasonably believe violates this section, and we will tell you why when we do.
4. Subscription, free trial, and billing
- Free trial. A new organization begins on a free trial (currently thirty days) with no payment method required. When the trial ends, you need an active subscription to keep making changes.
- Plans and cycles. Paid plans are offered on a monthly or an annual billing cycle. The plan you choose sets your limits on locations, screens, menus, users, and stored media. Current plans and prices are shown in the Service before you subscribe.
- Payment. Payments are processed by Stripe. You provide your card details directly to Stripe through its hosted checkout and billing portal, and we do not receive or store your full card number. We store only what Stripe reports back to us, such as the card brand and its last four digits, so we can show you which card is on file.
- Renewal. Subscriptions renew automatically at the end of each billing cycle at the then-current price for your plan, until you cancel. You can cancel at any time through the billing portal in your account.
- Changing plans. You can move between plans. Stripe prorates the change according to its standard proration rules for the remainder of the cycle.
- Taxes. Prices exclude taxes. You are responsible for any sales, use, value added, or similar taxes, other than taxes on our income.
- Refunds. Fees are non-refundable except where required by law. Canceling stops future charges; it does not refund the current period.
- Failed payment and lapse. If a payment fails, we will attempt to notify you and may retry. If your subscription lapses or is canceled, your organization becomes read-only: everyone can still sign in and view everything, and screens already paired keep playing the menus you already built, but changes are refused until the subscription is reactivated. Reactivating restores write access without you having to rebuild anything.
5. Your content
Everything you put into the Service (menus, item names, descriptions, prices, uploaded images and video, layouts, and the names you give your locations, screens, and devices) is "Customer Content", and it remains yours. We claim no ownership of it.
You grant us a non-exclusive, worldwide license to host, store, copy, transmit, transcode, resize, and display Customer Content, solely as needed to operate the Service for you. That includes generating the derivative image and video files the players need, and serving your content to the display devices you have paired and to the people you have invited into your account. This license ends when the content is deleted, except for any backup or stored-version copies, which go as those copies age out.
You are responsible for having the rights to the content you upload, and for the accuracy of what you display, including prices. A board is shown in two places and no others: on a display device you have paired to a screen, which holds its own credential that you can revoke at any time, and to a signed-in member of your organization. There is no address that shows a board to someone who is not signed in. Uploaded media files are the exception noted in our privacy policy: those are served from a content delivery address that is readable by anyone who has the address itself.
We own the Service itself, including its software, design, and documentation. Nothing here transfers any of that to you beyond the right to use the Service under these Terms. Feedback you send us may be used without obligation to you.
6. Third party integrations
If you connect a point of sale system or another third party service, you authorize us to exchange data with it on your behalf as needed for the integration to work. Those services are operated by others, on their own terms, and we are not responsible for what they do, for their availability, or for data you direct us to send to them. Disconnecting an integration stops the exchange going forward.
7. Availability, support, and no warranty
We work to keep the Service available, but we do not promise uninterrupted or error free operation. Maintenance, third party outages, network failures, and problems on the display hardware or network in your own venue can all interrupt what a screen shows. Support is provided by email at support@displayfleet.com.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED OR SECURE, OR THAT ANY PARTICULAR CONTENT WILL BE DISPLAYED ON ANY PARTICULAR SCREEN AT ANY PARTICULAR TIME. Some jurisdictions do not allow the exclusion of implied warranties, in which case the exclusions above apply to the fullest extent permitted.
You are responsible for keeping your own copies of anything you cannot afford to lose. Any backups we keep exist so that we can recover the Service, and are not an archive we hold for you.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, OR LOST OR CORRUPTED DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS (USD 100) IF YOU HAVE PAID NOTHING.
These limits apply to every theory of liability, whether contract, tort, or otherwise, and they do not apply to the extent prohibited by law. Some jurisdictions do not allow certain limitations, in which case they apply to the fullest extent permitted.
9. Indemnity
You will defend, indemnify, and hold us harmless from any third party claim arising out of Customer Content, your use of the Service in violation of these Terms or of applicable law, or your dispute with a user you invited into your account. We will notify you of any such claim and let you control its defense, provided any settlement that admits fault or imposes an obligation on us needs our written consent.
10. Suspension and termination
- You may stop using the Service at any time, and you may cancel your subscription in your account. Cancellation takes effect at the end of the paid period, after which the organization becomes read-only as described in section 4.
- We may suspend or terminate an account for a material breach of these Terms, for non-payment, or where we are required to by law. Except where an immediate suspension is necessary (for example, ongoing abuse or a security risk), we will give you notice and a reasonable chance to fix the problem first.
- We may discontinue the Service as a whole with reasonable advance notice to the email address on your account, and will refund any prepaid fees covering the period after the discontinuation.
- To have your account and its content deleted, write to support@displayfleet.com. Export anything you want to keep before you ask, because deletion is not reversible.
- Sections that by their nature should survive (ownership, disclaimers, limitation of liability, indemnity, governing law) survive termination.
11. Changes to these Terms
We may update these Terms. When we do, we will change the effective date at the top of this page, and for changes that materially affect your rights we will also notify you at the email address on your account before they take effect. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service and cancel your subscription.
12. Privacy
Our Privacy Policy explains what we collect, why, and who processes it on our behalf. It forms part of these Terms.
13. Governing law and venue
These Terms and any dispute arising out of them or the Service are governed by the laws of the State of Texas, United States, without regard to its conflict of laws rules. Any action or proceeding must be brought exclusively in the state and federal courts located in the State of Texas, and both parties consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14. General
- These Terms, together with the Privacy Policy and any order you place through the Service, are the entire agreement between us on this subject and supersede anything said earlier.
- If a provision is held unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force.
- Neither party's failure to enforce a provision waives it.
- You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Neither party is liable for a failure to perform caused by events beyond its reasonable control, other than a failure to pay.
- Notices to you go to the email address on your account. Notices to us go to the contact details in section 15.
15. Contact
Questions about these Terms, and legal notices, go to Nine to Never LLC:
- Email: support@displayfleet.com
- Post: 5900 Balcones Dr, suite 100, Austin, Texas 78731