Digital Signage Solution – Vendor
Last Updated: February 2026
1. Acceptance of Terms
By purchasing, installing, accessing, or using the digital signage hardware (“Kiosk”), cloud-based management software (“Backend”), APIs, or related services (collectively, the “System”), the Client agrees to be bound by these Terms.
2. Definitions
- “Vendor”: The provider and owner of the System, including all hardware, software, cloud services, and intellectual property referenced in these Terms.
- “System”: The Kiosk hardware, Backend, APIs, and cloud services provided by Vendor.
- “Client”: The purchaser, operator, or entity using the System.
- “Third-Party Data”: Weather, trail status, lift operations, or other external feeds not controlled by Vendor.
- “Content”: Logos, images, text, or media provided by the Client.
3. Nature of Service
3.1 Informational Use Only
The System provides general informational displays only. It is not a safety device.
3.2 No Safety Reliance
Skiers and patrons must rely on official resort patrol, physical signage, and personal judgment.
3.3 Data Accuracy
Vendor does not warrant the accuracy, completeness, or timeliness of Third-Party Data.
3.4 “As-Is” and “As-Available” (with Warranty Exception)
The System is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, including merchantability, fitness for a particular purpose, or non-infringement. Exception: The 30-day limited hardware replacement warranty in Section 11.5 applies only to hardware failures and does not modify any other warranty disclaimers.
4. Security & Availability
- No digital system is 100% secure.
- Vendor does not guarantee protection against hacking, unauthorized access, or data breaches.
- Service availability depends on internet connectivity, Client infrastructure, and third-party hosting providers.
- 100% uptime is not guaranteed.
5. Third-Party Dependencies
Vendor is not liable for interruptions, inaccuracies, or failures caused by:
- 5.1 Client Infrastructure: Power, internet, Wi-Fi/Ethernet, local network configuration, physical security.
- 5.2 AV Hardware: TVs, mounts, cables, distribution systems, or Client-owned/rented equipment.
- 5.3 Cloud Hosting: Outages or data loss originating from Google Cloud Platform or other providers.
- 5.4 Data Sources: Resort feeds, NOAA, weather APIs, or any external data provider.
6. Hardware Environment, Maintenance & Security
6.1 Environmental Limits
Hardware must operate within published temperature, humidity, and altitude tolerances. Exposure beyond these limits voids all performance claims.
6.2 Maintenance
Client is responsible for physical upkeep, cleaning, and ensuring proper mounting and ventilation.
6.3 Vandalism & Tampering
Vendor is not liable for failures caused by vandalism, moisture ingress, unauthorized access, or physical tampering.
6.4 Component Nature
The Kiosk uses consumer-grade single-board computing components. These components have finite operational lifespans. Vendor is not liable for natural hardware degradation, including SD card failure due to read/write cycles.
6.5 Electrical & Fire Safety
Use of third-party power adapters, daisy-chained power strips, or unventilated enclosures voids all safety warranties. Improper installation, power surges, or environmental factors may cause damage. Liability for such damage is disclaimed under Section 11.4.
7. Advertising Content
Client acknowledges and agrees that: (i) Vendor may display third‑party advertising, promotional content, or sponsor messages on the System; (ii) Advertising will not include businesses that directly compete with the Client’s primary operations; (iii) Vendor retains full discretion over the selection, scheduling, and presentation of such advertisements; (iv) Advertising revenue belongs exclusively to Vendor.
8. Subscription, Billing & Payment
Services are billed in advance, annually. All fees are non-refundable. Subscriptions automatically renew unless canceled in writing at least 30 days before renewal. If payment is more than 30 days overdue, Vendor may suspend or remotely disable the System (“Kill-Switch”).
9. Term, Suspension & Termination
The initial term begins on the date of purchase and continues for one year. Client or vendor may terminate the agreement at any time. No refunds provided if time remains on initial term or subsequent annual cycles. Vendor may immediately suspend or terminate for cause if Client fails to pay fees, breaches material provisions, or if use creates a security risk. Upon termination, all rights granted cease and Vendor may remotely disable the Kiosk.
10. Intellectual Property & Content
Vendor retains all rights to original software. Reverse engineering is prohibited. Client grants Vendor a non-exclusive license to host and display Client-provided Content. Client shall indemnify and hold harmless Vendor from claims arising out of infringing or unlawful Content provided by Client.
11. Limitation of Liability
11.1 No Indirect Damages
No liability for incidental, consequential, special, or punitive damages, including lost profits or business interruption.
11.2 Physical Injury
Vendor disclaims liability for injury or death occurring on Client premises.
11.3 Liability Cap
Total liability is limited to fees paid by Client in the three (3) months preceding the claim.
11.4 Property Damage & Fire
Vendor is not liable for damage to real or personal property (including building fire or electrical damage) resulting from hardware failure, overheating, electrical malfunction, improper installation, or environmental factors.
11.5 Limited Hardware Warranty
Within a 30-day limited warranty period, Vendor will provide a replacement unit for hardware failure. Client must ship the failed unit at their expense; Vendor covers return shipping.
12. Compliance with Laws
Client is responsible for ensuring that Kiosk placement, brightness, accessibility, and operation comply with zoning, safety, and ADA regulations.
13. Third-Party Software
The System may include third-party components available under open-source licenses. Nothing in these Terms restricts Client’s rights under those licenses.
14. Acceptable Use
Client may not display illegal or harmful content, distribute malware, or attempt to decompile or reverse engineer the software.
15. Modifications to Terms
Vendor may update these Terms at any time. Continued use of the System constitutes acceptance of updated Terms.
16. Force Majeure
Neither party is liable for delays caused by events beyond their control, including acts of God, fire, water damage, criminal conduct, war, or electrical disturbances.
17. Dispute Resolution & Governing Law
This agreement is governed by the laws of Texas, United States. Any disputes shall be resolved through binding arbitration. Client waives participation in class or collective actions.
18. General
If any provision is unenforceable, the remainder remains in effect. These Terms constitute the entire agreement between the parties.