General Terms and Conditions of Use for DigitalMenu CDS platform

1. Introduction

1.1 Purpose

This document, referred to as "Terms and Conditions," governs the use of the software and services provided by DigitalMenu ("Company"). These terms form a legally binding contract between the Company and its customers ("Users").

1.2 Acceptance

By accessing or using the Company's services, Users acknowledge and agree to be bound by these Terms and Conditions. If the User does not agree, they should refrain from using the service.

2. Service Description

2.1 Software Service

DigitalMenu offers a cloud-based digital signage management system ("Service"). This service enables Users to design, schedule, and distribute digital content across various display devices.

2.2 Subscription Plans

The Company offers multiple subscription plans:

• Basic Plan: For small businesses, offering basic content management features. [Contact for pricing].
• Premium Plan: For medium-sized businesses, including analytics, enhanced design options, and priority support. [Contact for pricing].
• Enterprise Plan: Tailored solutions for large organizations, offering full customization, dedicated account management, and integration capabilities. [Contact for pricing].

3. User Obligations

3.1 Account Registration

Users are required to register for an account providing accurate, current, and complete information. Maintaining the confidentiality of account information is the User's responsibility.

3.2 Proper Use

Users agree to use the Service in compliance with all applicable laws and regulations and not for any unlawful purposes. The Service must not be used to disseminate harmful or offensive content.

4. Payment Terms

4.1 Fees

Fees are based on the subscription plan selected by the User. All fees are quoted in US Dollars and are exclusive of taxes.

4.2 Late Payment

Failure to pay fees by the due date may result in a late fee and/or suspension of the Service. The Company will provide a 7-day notice before suspending the service.

4.3 Refund Policy

Users can request a full refund within 30 days of purchase if not satisfied with the Service. Conditions apply.

5. Intellectual Property Rights

5.1 Ownership

The Company retains all rights, title, and interest in the Service, including all related intellectual property rights.

5.2 License

The Company grants the User a non-exclusive, non-transferable, limited license to use the Service as per the terms of their subscription plan.

6. Data Protection and Privacy

6.1 Data Handling

User data will be collected, used, and protected in accordance with the Company's Privacy Policy, which forms part of these Terms.

6.2 Compliance

The Company ensures compliance with the General Data Protection Regulation (GDPR) and other relevant data protection laws.

7. Warranties and Disclaimers

7.1 Service Availability

While the Company strives for continuous service availability, it does not guarantee uninterrupted service due to maintenance, updates, or factors beyond its control.

7.2 Limitation of Liability

The Company's liability for any damages arising from or related to the User's use of the Service is limited to the amount of subscription fees paid within the preceding 12 months.

8. Termination

8.1 Cancellation Policy

8.1.1 Fixed Contract Period: If the User has subscribed under a fixed contract period (e.g., 12 months), cancellation before the end of this period may incur early termination fees or the User may be required to fulfil the payment for the remaining contract term.

8.1.2 Monthly Subscriptions: For monthly subscription plans without a fixed contract period, Users may cancel their subscription at any time. However, the cancellation will only take effect at the end of the current billing cycle, and no partial refunds will be provided for the remaining days in the cycle.

8.1.3 Notice Requirement: Users wishing to cancel their subscription must provide notice to the Company 30 days prior to the desired cancellation date.

8.2 Effects of Termination

8.2.1 Data Retention and Deletion: Upon termination, User data will be retained for a period of 12  months, during which Users may request data export. After this period, all data will be permanently deleted, subject to legal and regulatory requirements.

8.2.2 Refund Policy: In the event of cancellation, Users are not entitled to a refund for any remaining period in the subscription, except as stated in the Company's refund policy.

8.2.3 Company's Right to Terminate: The Company reserves the right to terminate a User's access to the Service if they breach these Terms and Conditions, with immediate effect and without refund.

9. Amendments

9.1 Changes to Terms

The Company may amend these Terms at any time. Users will be notified at least 30 days prior to any changes taking effect.

9.2 User Notification

Notification of changes will be sent via email or displayed within the Service interface.

10. Governing Law and Jurisdiction

10.1 Law

These Terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles.

10.2 Dispute Resolution

Any disputes arising from these Terms will be resolved through binding arbitration in Melbourne VIC.

11. Contact Information

For support or inquiries, Users can contact DigitalMenu via any method listed on the contact us page.

12. Miscellaneous

12.1 Entire Agreement

These Terms constitute the entire agreement between the User and the Company and supersede all prior agreements.

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.