Terms and Conditions
Last Updated: April 16, 2025
Welcome to Imagine Digital Signage. These Terms and Conditions govern your use of our digital signage software and services. By accessing or using our services, you agree to be bound by these Terms. Please read them carefully.
1. Acceptance of Terms
By accessing or using our digital signage software and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, please do not use our services.
2. Description of Services
Imagine Digital Signage provides cloud-based digital signage software that allows clients to create, manage, and display content on digital displays. Our services include, but are not limited to, content management, scheduling, remote display management, and analytics.
3. Account Registration
To use our services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
4. Subscription and Payment
Our services are offered on a subscription basis. You agree to pay all fees associated with your chosen subscription plan. All payments are non-refundable except as expressly stated in these Terms or as required by applicable law. We reserve the right to change our prices upon reasonable notice. Continued use of the services after a price change constitutes your acceptance of the new prices.
5. License and Restrictions
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our services for your internal business purposes. You may not:
- License, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit our services;
- Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of our services;
- Access our services to build a similar or competitive product or service;
- Copy, reproduce, distribute, republish, download, display, post, or transmit our services except as expressly permitted herein;
- Remove or obscure any proprietary notices from our services;
- Use our services in any way that violates any applicable local, state, national, or international law or regulation.
6. Client Content
You retain all rights to any content you upload, post, or display through our services ("Client Content"). By uploading, posting, or displaying Client Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, modify, publish, and distribute such Client Content for the purpose of providing and improving our services.
You represent and warrant that:
- You own or have the necessary rights to use and authorize us to use your Client Content;
- Your Client Content does not violate or infringe upon the rights of any third party, including intellectual property rights, publicity rights, or privacy rights;
- Your Client Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Your Client Content does not violate any applicable law or regulation.
We reserve the right to remove any Client Content that violates these Terms or that we believe may cause liability for us.
7. Intellectual Property Rights
Our services and its original content (excluding Client Content), features, and functionality are and will remain the exclusive property of Imagine Digital Signage and its licensors. Our services are protected by copyright, trademark, and other laws of both South Africa and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
8. Termination
We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use the services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Disclaimer of Warranties
Our services are provided "as is" and "as available" without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
10. Limitation of Liability
In no event shall Imagine Digital Signage, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use our services, any content on our services, or any other interactions with our services, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
11. Indemnification
You agree to defend, indemnify, and hold harmless Imagine Digital Signage, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our services, including, but not limited to, your Client Content, any use of our services' content, services, or products other than as expressly authorized in these Terms.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13. Changes to Terms
We reserve the right to modify or replace these Terms at any time. We will provide reasonable notice of any changes. Your continued use of our services after any such changes constitutes your acceptance of the new Terms. Please review these Terms periodically for changes.
14. Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Imagine Digital Signage
Email: info@imaginesignage.com
Phone: +27 21 851 0119
Address: Links Business Park, Somerset West, South Africa