1. Definitions and Interpretation
By accessing or using the Website and Services, Users agree to be bound by these Terms without modifications. The Services are provided by Lumicast B.V., and the Company may change or discontinue Services at any time. These Terms affect legal rights and obligations, including the right to sue in court.
The Company reserves the right to alter website information and modify these Terms at any time without prior consent. Changes become effective immediately upon posting, and continued use indicates acceptance.
2. Preamble
The Company provides cloud-based digital signage software solutions, including design, hosting, and management of digital displays, along with integration and support for various content management systems. Users agree to use Services only for permitted purposes compliant with applicable laws and guidelines.
3. Age and Legal Capacity Restrictions
Persons under 18 must use the Website with adult supervision. Payment information requires adult permission or authorization. Persons with limited legal capacity must use the Website with supervisor/guardian supervision, and payment information requires their permission.
4. Intellectual Property and Copyright of Feedback Materials
All graphic information, data, and content on the Website constitutes Company property. Users cannot copy, duplicate, print, or circulate information without prior written consent. The Company grants a non-exclusive, perpetual and non-transferable license to use the Website, solely for the purposes indicated herein.
Any Feedback provided becomes Company property. The Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation.
5. Confidentiality of the Transmission of Information Over the Internet
Internet transmission may not be secure and is subject to possible loss, interception, or alteration. The Company does not assume liability for losses or costs resulting from internet transmissions, including those containing personal information over unsecure networks.
The Company may disclose client information and the nature of services to third parties with prior consent. Additional information may be disclosed without consent if it has entered the public domain. The Company may use client trademarks or logos in conjunction with permitted information provision.
6. Limited License
The Company grants a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Website, and the content, materials, information, and functionality available in connection therewith.
Users cannot copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, transfer, or create derivative works without permission. Users cannot use Services to distribute unlawful, defamatory, harassing, abusive, fraudulent, or obscene content, or employ automated devices to monitor content.
7. Third-Party Content
The Company may provide third-party content and links but does not control, endorse, or adopt such content, and makes no warranties regarding its accuracy or completeness. The Company is not responsible or liable for any loss or damage incurred as a result of any dealings or promotions, or the presence of such Third Party Content on the Website.
8. Services, Pricing and Availability
Service descriptions may vary depending on individual requirements. The Company is not responsible for variations from descriptions but excludes liability for negligence. Users may be required to select a Service Plan, and the Company cannot confirm availability until confirming orders. All pricing information on the Website is correct at the time of going online; prices may change and special offers may be removed. Prices valid at order placement apply if changed before processing.
9. Orders and Provision of Services
Website advertisements constitute public offers. Order confirmations will include service details, itemized pricing, provision times/dates, and access credentials. If orders are rejected, no payment is taken normally, and refunds are issued within 14 calendar days.
Payment for the Services shall be taken via your chosen payment method (1) immediately for any setup fee that corresponds to the service plan you purchased and (2) on the same day of each subsequent month/year. Orders are typically fulfilled within 2–3 working days, and immediate digital product access is granted after payment processing. The Company provides Services with reasonable skill and care, commensurate with best trade practice, and corrects non-conforming services within five working days.
10. Cancellation
The Company aims for complete customer satisfaction. Services are available for immediate screening and downloading after payment processing. Therefore, you cannot cancel your order once you have started consuming the content or downloaded it. By watching or downloading the digital content, you agree that the order is no longer subject to cancellation.
11. Privacy
Website use is governed by the Privacy Policy, incorporated into these Terms by reference.
12. How We Use Your Personal Information (Data Protection)
Personal information is collected, used and held in accordance with the provisions of the GDPR and the Directive on privacy and electronic communications. The Company uses personal information to provide Services, process payments, and inform users of new products/services. Users may request to stop receiving information. Personal information is not passed to third parties without express permission.
13. Disclaimers
The Company makes no warranty that the Website will meet requirements, be fit for particular purposes, not infringe third-party rights, be compatible with all systems, be secure, or provide accurate information. The Website content should not be relied upon for decisions or actions. The Company uses reasonable efforts to ensure security and freedom from errors, viruses and malware, but users are responsible for their own internet security.
14. Changes to the Facilities and these Terms
The Company reserves the right to change the Website, content, or Terms at any time. Users receive updates about changes and are bound by Terms modifications from first use after changes. Legally required changes apply automatically to pending and future orders.
15. Availability of the Website
The Website is provided "as is" and on an "as available" basis, and uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted on cloud servers. No warranties are provided regarding defects or faults, and no refunds are offered for outages. The Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, internet speed, power failure, natural events, acts of war or legal restrictions and censorship.
16. Applicable Law and Jurisdiction
The relationship between users and the Company is governed by Netherlands law. Any invalid or unenforceable provisions are struck out without affecting the remaining provisions. Disputes are settled in the relevant local courts pursuant to Netherlands law.
17. Limitation of Liability
The Company does not assume any liability for damages or losses related to the Website, including the use of any information made available on the Website. The Company is not liable for third-party website hyperlink content.
18. Communication
All agreements, notices, disclosures, and communications may be provided electronically. Questions about these Terms may be directed to the contact details below.
Contact
If you have any questions about this Terms of Service, please contact us: