Este documento está disponible en inglés y neerlandés; a continuación se muestra la versión inglesa, que es la jurídicamente vinculante. La versión neerlandesa está en plainsignage.com/nl.
These Terms of Service ("Terms") govern the use of PlainSignage — the cloud digital signage service available at plainsignage.com and console.plainsignage.com, the PlainSignage player applications and the browser player — provided by Kurdbits, a sole proprietorship (eenmanszaak) registered in the Netherlands under trade name plainsignage.nl, Chamber of Commerce (KVK) number 96243554, establishment number 000061582808, VAT ID NL005197660B62, Binnendelta 11 M, 1261 WZ Blaricum, the Netherlands ("PlainSignage", "we", "us"). By creating an account or using the Service you agree to these Terms. If you use the Service on behalf of a business, you confirm that you are authorised to bind that business.
1. Definitions
- "Service": the PlainSignage console, players, APIs, help center and related services.
- "Customer" or "you": the natural or legal person holding an account.
- "Screen": one paired display device (TV, stick, tablet, browser) counted in your subscription.
- "Content": everything you upload, type, link or publish through the Service, including media, layouts, menus, feeds and widget configurations.
- "Guest": a member of the public who interacts with your Screens through their phone (polls, photo walls, games and similar features).
- "Agreement": these Terms together with the Privacy Policy and the Data Processing Terms in section 15.
2. Account and eligibility
You must be at least 18 years old and provide accurate information when creating an account. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately at info@plainsignage.com if you suspect unauthorised use.
The Service is intended for businesses, organisations and professionals. Consumers may use it; where mandatory consumer law grants you additional rights, those rights are not limited by these Terms.
3. Free trial
New accounts receive a 14-day free trial with every feature and one Screen. No payment details are required. When the trial ends without a subscription, the console is limited to billing and the Screen shows a notice that the subscription has ended. Content and settings are kept for at least 90 days after the trial so you can resume later.
Because nothing is charged during the trial, a consumer's 14-day right of withdrawal under Dutch law is fully accommodated by the trial itself. If you subscribe, you request that the paid service starts immediately; you may still cancel at any time as described in section 6.
4. Subscription and pricing
PlainSignage has one plan that includes every feature. It is priced per Screen: the first Screen costs €14.99 per month and each additional Screen €4.99 per month, excluding VAT, or such other prices as published on plainsignage.com/pricing at the time you subscribe or change your plan. The number of Screens in your subscription is set by you in the console.
You may increase or decrease the number of Screens at any time. Increases are charged pro rata for the remainder of the current billing period; decreases are credited pro rata on your next invoice. If more devices are paired than Screens are subscribed, the oldest paired Screens remain active and newer ones show a notice until you add Screens or remove devices.
We may change prices with at least 30 days' notice by e-mail and on the website. Changes apply from your next billing period after the notice. If you do not agree, you may cancel before the new price takes effect.
5. Payment, invoices and VAT
Payments are processed by Stripe Payments Europe, Ltd. ("Stripe"). You authorise Stripe to charge your chosen payment method monthly in advance. Invoices are available in the console ("Invoices & payment method"). Prices exclude VAT; the applicable VAT is calculated and added at checkout based on your country and, where provided, your VAT ID. Business customers in other EU member states with a valid VAT ID may be invoiced under the reverse-charge mechanism.
If a payment fails, we will retry and notify you. If payment is not received within 14 days after the due date, we may suspend the Service until payment is made. Statutory interest and reasonable collection costs may be charged to business customers in accordance with Dutch law.
6. Term, cancellation and termination
The subscription runs month to month and renews automatically. You can cancel at any time in the console; the Service remains available until the end of the paid period and no further charges are made. There is no notice period, minimum term or cancellation fee. Amounts already paid are not refunded, except where required by law.
We may suspend or terminate your account with immediate effect if you materially breach these Terms (including the acceptable-use rules), if your account is used for unlawful purposes, or if we are required to do so by law. We may also terminate the Agreement for convenience with at least 60 days' notice, in which case we will refund any prepaid amount for the period after termination.
After termination you may export your media and reports for 30 days. Thereafter we may delete your Content and account data, subject to legal retention obligations (e.g. invoices, 7 years under Dutch tax law).
7. Players and devices
The PlainSignage player app is provided free of charge as a signed Android package (APK) from plainsignage.com and as a browser player at console.plainsignage.com/play. You are responsible for the devices, TVs, network and electricity needed to run the Service and for complying with the terms of the device manufacturer or platform (e.g. Amazon Fire OS, Android TV). The player is licensed to you for use with the Service only; you may not reverse engineer, redistribute or sell it.
8. Your Content
You retain all rights to your Content. You grant PlainSignage a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display and back up your Content solely to provide and improve the Service and as instructed by you (for example, to deliver it to your Screens and to Guests' phones).
You are solely responsible for your Content and for having the rights, licences and permissions to use it — including for music, video, images, fonts, logos, news feeds, sports data and third-party content displayed through widgets or embeds. Widgets that display third-party content (such as YouTube, RSS feeds or social feeds) are subject to those third parties' terms; you are responsible for complying with them, including any public-performance or broadcasting licences that may be required in your venue.
We do not monitor Content proactively, but we may remove Content or suspend Screens that we reasonably believe violate these Terms or the law, and we will inform you where possible.
9. Acceptable use
You agree not to use the Service to:
- publish content that is unlawful, defamatory, hateful, harassing, pornographic, or that infringes intellectual-property, privacy or other rights;
- display content in violation of applicable advertising, consumer, health or gambling regulations;
- interfere with or disrupt the Service, other customers or our infrastructure, or circumvent usage limits, security or billing;
- use the API or players in an automated way that exceeds reasonable use or documented rate limits;
- collect personal data from Guests beyond what the guest features are designed for, or use guest features without the notices required in your venue;
- resell or white-label the Service without a written partner agreement.
10. Guest interaction features
Polls, song requests, wheels of fortune, shout-outs, live Q&A, photo walls and phone-controlled games let Guests submit content to your Screens. You act as the data controller for this Guest data; PlainSignage processes it on your behalf (see section 15). You are responsible for moderating Guest content, for setting appropriate limits and for informing Guests as required by law. We provide moderation tools, rate limits, a profanity filter and the ability to block devices, but cannot guarantee that no inappropriate content reaches a Screen before you remove it.
Prize wheels and similar promotions must comply with the promotional-games rules applicable in your country; you are responsible for the prizes and their delivery.
11. Availability, support and changes
We aim for high availability and deliver content to Screens in real time, but the Service is provided on an "as is" and "as available" basis without a guaranteed uptime unless agreed in writing. Players cache content so that Screens keep playing during outages of your internet connection or our service. Planned maintenance is announced where reasonably possible.
Support is provided by e-mail at info@plainsignage.com and through the help center, in English, Dutch, German, French and Spanish, usually within one working day.
We continuously improve the Service and may add, change or remove features. We will not remove core functionality (designing, scheduling and publishing content to your Screens) without reasonable notice.
12. Intellectual property
The Service, its software, design, templates, documentation and trademarks are owned by PlainSignage or its licensors and protected by intellectual-property law. You receive a limited, non-exclusive, non-transferable right to use the Service during the Agreement. Templates and stock assets provided in the Service may be used within your Content on your Screens; they may not be extracted and redistributed separately. Feedback you give us may be used without obligation.
13. Liability
To the extent permitted by law, PlainSignage's total liability arising out of or in connection with the Agreement is limited to the amount you paid for the Service in the twelve months preceding the event giving rise to the claim. PlainSignage is not liable for indirect or consequential damage, including lost profit, lost revenue, lost data, business interruption, or damage caused by Content, third-party services, devices, networks or Guests.
These limitations do not apply to damage caused by intent or gross negligence of PlainSignage, or where liability cannot be limited under mandatory law (including mandatory consumer law).
You indemnify PlainSignage against third-party claims arising from your Content, your use of the Service in breach of these Terms, or your failure to obtain required licences or Guest notices.
14. Privacy
How we process personal data of Customers, their users, website visitors and Guests is described in the Privacy Policy (plainsignage.com/privacy) and the Cookie Policy (plainsignage.com/cookies), which form part of the Agreement.
15. Data Processing Terms (GDPR Article 28)
Where PlainSignage processes personal data on your behalf as processor — in particular Guest data from interaction features, names in birthday or agenda widgets, and any personal data you include in Content — the following terms apply and constitute the data processing agreement between you (controller) and PlainSignage (processor):
- Subject matter and duration: processing necessary to provide the Service for the duration of the Agreement.
- Nature and purpose: hosting, storing, transmitting to Screens and Guest phones, moderating at your instruction, and deleting Content and Guest data.
- Types of data: Content you provide; Guest submissions (messages, photos, votes, song requests, names if entered); Guest device identifiers (a random cookie ID and a hashed IP for rate limiting); usage logs.
- Instructions: we process only on your documented instructions (the Agreement and your use of the console/API), unless required by EU or member-state law, in which case we inform you unless prohibited.
- Confidentiality: persons authorised to process data are bound by confidentiality.
- Security: appropriate technical and organisational measures, including TLS encryption in transit, access control, EU-hosted infrastructure, hashed credentials, logging and backups.
- Sub-processors: Contabo GmbH (Germany — hosting, servers in the EU) and Stripe Payments Europe, Ltd. (Ireland — payments, with Stripe, Inc. in the USA under Standard Contractual Clauses and the EU-US Data Privacy Framework). We will inform you of intended changes to sub-processors at least 30 days in advance via the website or e-mail; you may object on reasonable grounds and terminate if we cannot accommodate the objection.
- Assistance: we assist you with data-subject requests, security and impact assessments as reasonably required, and provide the moderation, export and deletion tools in the console for this purpose.
- Breach notification: we notify you without undue delay, and in any case within 48 hours, after becoming aware of a personal-data breach affecting your data.
- Deletion: on termination we delete or return personal data within 30 days, except where retention is required by law.
- Audit: we make available the information necessary to demonstrate compliance and allow audits by you or an auditor mandated by you, at reasonable intervals and on reasonable notice, at your cost.
16. Changes to these Terms
We may update these Terms. Material changes will be announced at least 30 days in advance by e-mail to the account address and in the console. If you do not accept a change you may terminate the Agreement before it takes effect. Continued use after the effective date constitutes acceptance.
17. Governing law and disputes
The Agreement is governed by the laws of the Netherlands. Disputes will be submitted to the competent court of the district of Midden-Nederland, unless mandatory law designates another court. Consumers residing in the EU may also rely on the mandatory consumer protection rules of their country of residence and may use the European Online Dispute Resolution platform (ec.europa.eu/odr).
If a provision of these Terms is invalid, the remaining provisions remain in force and the invalid provision is replaced by a valid one that best matches its purpose.
18. Contact
Kurdbits (eenmanszaak), trade name plainsignage.nl — Binnendelta 11 M, 1261 WZ Blaricum, the Netherlands — KVK 96243554 — establishment number 000061582808 — VAT ID NL005197660B62 — info@plainsignage.com.