Terms of Service

These Terms of Service (“Terms”) form a binding agreement between Five Jars Corp (“Five Jars”, “we”, “us”, “our”) and the entity or person agreeing to these Terms (“Customer”, “you”, “your”). Screen Pulse (the “Service”) is a product operated and provided by Five Jars Corp. By creating an account, accessing, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, do not use the Service.

1. The Service

1.1 Description. Screen Pulse is a cloud‑based digital signage platform providing content management, device/player management, scheduling, integrations, and related functionality. The Service may include web interfaces, APIs, player apps, and associated components.

1.2 Changes. We may modify the Service from time to time (e.g., to improve security, performance, or user experience). Material changes will be communicated via release notes, in‑product notices, or email.

1.3 Beta/Free Features. We may offer free, trial, or beta/preview features. Such features are provided “AS IS” without any commitments and may be modified or discontinued at any time.

2. Accounts and Eligibility

2.1 Registration. You must create an account and provide accurate information. You are responsible for maintaining the confidentiality of credentials and for all activities under your account.

2.2 Eligibility. You must be at least the age of majority in your jurisdiction to enter into these Terms. You may not use the Service if you are barred by applicable law or are on any government sanctions list.

2.3 Administrators. If you are an organization, you control access to your workspace(s) and are responsible for the actions of users you invite.

3. Subscriptions, Fees, and Taxes

3.1 Plans and Billing. Access to paid features is provided on a subscription basis per the plan you select. Fees, billing cycles, and limits are described at purchase or in your order form.

3.2 Payment. You authorize us (and our payment processors) to charge all fees due using your selected payment method. Late or failed payments may result in suspension or termination of the Service.

3.3 Changes to Fees. We may change prices with reasonable advance notice. Fee changes take effect in the next billing term unless otherwise stated in an order form.

3.4 Taxes. Fees are exclusive of taxes. You are responsible for applicable taxes, duties, and charges, excluding taxes based on our net income. Where required, we will collect taxes and list them on your invoice.

3.5 Refunds. Except where required by law or expressly stated, all fees are non‑refundable.

4. Acceptable Use and Customer Obligations

4.1 Acceptable Use. You agree not to:

• Use the Service to store, display, or transmit content that is unlawful, infringing, harmful, or violates third‑party rights;
• Interfere with or disrupt the integrity or performance of the Service; attempt to gain unauthorized access; or circumvent security or usage limits;
• Reverse engineer or derive source code except to the extent such restriction is prohibited by law;
• Send spam or perform abusive, high‑risk activities (e.g., DDoS, malware distribution);
• Use the Service in violation of export controls, sanctions, or other laws.

4.2 Devices and Networks. You are responsible for your player devices, displays, power, and network connectivity. Minimum system requirements and best practices are in our documentation.

4.3 Compliance. You are responsible for your content and compliance with applicable laws (e.g., privacy, employment, advertising, accessibility, intellectual property).

5. Customer Content and Data

5.1 Ownership. As between the parties, you retain all rights to content you submit to or display through the Service (“Customer Content”).

5.2 License to Provide the Service. You grant Five Jars a worldwide, limited license to host, copy, transmit, display, and process Customer Content solely to provide and support the Service, implement your configurations, and fulfill your instructions.

5.3 Responsibility. You are responsible for obtaining necessary rights and permissions for Customer Content. You must not upload content that you do not have the right to use or that violates third‑party rights.

5.4 Data Processing. To the extent we process personal data on your behalf, the parties will comply with the Data Processing Addendum (DPA) where executed. See also our Privacy Policy.

6. Intellectual Property

6.1 Screen Pulse IP. We and our licensors own all rights in the Service and related IP, including software, interfaces, templates, and documentation. Except for the limited rights expressly granted, no rights are granted to you.

6.2 Feedback. If you provide feedback or suggestions, we may use them without restriction or obligation.

7. Third‑Party Services and Integrations

7.1 Integrations. The Service may interoperate with third‑party products or services. Your use of third‑party services is governed by their terms and policies; we are not responsible for third‑party services.

7.2 Changes. We may add, modify, or remove integrations. If a third‑party provider ceases to make an integration available, we may discontinue related functionality.

8. Security, Availability, and Support

8.1 Security. We implement administrative, technical, and physical safeguards designed to protect the Service and Customer Content.

8.2 Availability. Our availability commitments and service credits are defined in our SLA.

8.3 Support. Support offerings and response targets are described in our SLA and documentation.

9. Confidentiality

9.1 Definition. “Confidential Information” means non‑public information disclosed by a party that is designated confidential or reasonably should be understood as confidential.

9.2 Protection. Each party will protect the other’s Confidential Information with the same care it uses to protect its own similar information (and no less than reasonable care) and use it only to fulfill these Terms.

9.3 Exclusions. Confidential Information does not include information that is or becomes public without breach, was known to the recipient, was independently developed, or was rightfully received from a third party.

9.4 Required Disclosure. A party may disclose Confidential Information where required by law, with reasonable notice to the other party (if legally permitted).

10. Term and Termination

10.1 Term. These Terms commence when you first accept them and continue until terminated as provided herein.

10.2 Termination for Convenience. You may stop using the Service at any time. If you terminate during a paid term, fees are not refunded unless required by law or stated otherwise in an order form.

10.3 Suspension/Termination for Cause. We may suspend or terminate access immediately if you materially breach these Terms (including failure to pay) or if your use poses a security or legal risk.

10.4 Effect of Termination. Upon termination, your rights to access the Service cease. We will make Customer Content available for export for a limited period as described in our documentation or order form, after which it may be deleted in accordance with our retention policies.

11. Warranties; Disclaimers

11.1 Mutual Warranties. Each party represents it has the authority to enter into these Terms.

11.2 Service Disclaimer. EXCEPT AS EXPRESSLY STATED, THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR‑FREE, UNINTERRUPTED, OR MEET YOUR REQUIREMENTS.

12. Indemnification

12.1 By Customer. You will defend and indemnify Five Jars against claims arising from (a) Customer Content; (b) your use of the Service in violation of law or these Terms; or (c) your combination of the Service with third‑party products or services not provided by us.

12.2 By Five Jars. We will defend and indemnify you against third‑party claims alleging that the Service, as provided by us, directly infringes a third‑party patent, copyright, or trademark, or misappropriates a trade secret. If the Service is enjoined, we may procure the right to continue using it, modify it to become non‑infringing, or terminate the affected functionality and issue a pro‑rated credit for any prepaid, unused fees. This Section states our entire liability for IP infringement claims.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; AND (B) EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO FIVE JARS FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS OR TO YOUR INDEMNITY OBLIGATIONS UNDER SECTION 12.1.

14. Compliance; Export

You must comply with all applicable laws, including export control, sanctions, and anti‑corruption laws. You represent that you are not located in, or a resident of, any country subject to comprehensive sanctions and are not a prohibited party under applicable sanctions laws.

15. Governing Law; Venue

Unless otherwise required by law, these Terms are governed by the laws of the State of Delaware, USA, without regard to conflicts of laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any disputes not subject to arbitration (if agreed in an order form).

16. Notices

Notices to Five Jars must be sent to legal@screenpulse.io and, if contractual notices, with a copy to: Five Jars Corp (Attn: Legal). We may provide notices to you via the Service, email, or the billing/admin contacts associated with your account.

17. Publicity

We may identify you as a customer and use your name and logo in accordance with your brand guidelines for marketing purposes, unless you opt out in writing.

18. Assignment

Neither party may assign these Terms without the other party’s prior written consent, except that either party may assign without consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets, provided the assignee agrees to be bound by these Terms.

19. Force Majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, internet or utility failures, and other force majeure events.

20. Entire Agreement; Order of Precedence; Severability; Waiver

These Terms, together with any order form(s), the SLA, Privacy Policy, and (if applicable) the DPA, constitute the entire agreement regarding the Service. In the event of conflict, the order form prevails, then these Terms, then the SLA and Privacy Policy. If any provision is unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will remain in full force. No waiver is effective unless in writing and signed by the waiving party.

21. Contact

• Legal and contractual notices: legal@screenpulse.io
• Support: support@screenpulse.io

Screen Pulse is a product of Five Jars Corp. All rights reserved.

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