Obscreen Terms of Service
Obscreen is a sole proprietorship officially registered in the Lyon Trade and Companies Register (France) under the identification number 789 571 437 represented by its owner, Jessym Reziga. Referred to hereafter as the "Company," "we," "us," or "our," it serves as the publisher of the Obscreen software as well as the obscreen.io platform and its derivatives. This includes mobile applications and all associated platforms or mediums, collectively or individually referred to as the "Site." The term "Site" also extends to include any associated Partner websites, where applicable.
By downloading, installing, or using Obscreen, you ("user", "you", or "your") agree to comply with and be bound by these Terms of Service ("Terms"). These Terms include the Obscreen Private License Agreement (OBPLv1) and our Privacy Policy.
If you do not agree with all of these Terms, you must not download, install, or use Obscreen.
Also see our Privacy Policy and Software License Agreement.
1. License Grant
Subject to your compliance with these Terms and the Obscreen Private License Agreement (OBPLv1), we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use Obscreen for personal or internal business purposes. This license allows you to use Obscreen to manage and display content according to the configurations provided (Standalone or Distributed setups).
2. License Restrictions
You agree not to:
a. Use Obscreen or its derivative versions to provide hosted or managed services to third parties, as prohibited in the Managed Services Restriction of OBPLv1.
b. Copy, modify, or create derivative works of Obscreen, except as expressly allowed under OBPLv1.
c. Bypass, disable, or remove any license key functionality or associated protections, as detailed in License Key and Functional Integrity of OBPLv1.
d. Remove, obscure, or alter any copyright, trademark, or licensing notices provided in Obscreen, as specified in Notices and Trademarks.
e. Use Obscreen for any illegal, unauthorized, or immoral purposes.
f. Keep your license file confidential and not disclosed to any third party.
g. Use your license file for one instance only (one container, one process, one virtual machine, etc.)
3. User Responsibilities
You are responsible for:
a. Setting up and maintaining hardware (e.g., Raspberry Pi, Smart TV, etc.) and services to run Obscreen in the different configurations, such as Standalone Studio-Player Setup or Studio Server with Distributed Players Setup.
b. Ensuring that your use of Obscreen complies with all applicable laws, regulations, and third-party agreements.
c. Keeping your license keys, passwords, and any credentials confidential. If you suspect unauthorized use of your instance of Obscreen, you must notify us immediately at [email protected].
d. Configuring the Player Fleet Management or Studio Fleet Management features if using distributed installations, as outlined in the documentation.
e. paying for any applicable fees associated with your Obscreen license and subscription plan.
4. Intellectual Property
All intellectual property rights in and to Obscreen, including but not limited to copyrights, trademarks, and trade secrets, are owned by us. Except for the limited license granted in these Terms, we reserve all rights, title, and interest in and to Obscreen.
5. Updates and Support
We may periodically provide updates, bug fixes, or enhancements to Obscreen. By using Obscreen, you consent to receive such updates. Support may be offered but is not guaranteed unless otherwise specified in a separate agreement.
6. Termination
Your license to use Obscreen may be terminated if you violate the OBPLv1 or these Terms, especially in relation to managed services or license key misuse. Upon termination, all rights granted under this agreement will end, and you must cease all use of Obscreen and uninstall all related software from your systems.
Either Party may terminate this Agreement at any time, with or without cause, and with prior notice to the other Party. Upon termination, you must immediately cease using Obscreen and delete all copies from your devices. Sections 4, 7, and 8 of these Terms shall survive termination.
7. Disclaimer of Warranties
Obscreen is provided "as is" without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Obscreen will meet your requirements or that its operation will be uninterrupted or error-free.
8. Limitation of Liability
In no event shall either Party be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from this Agreement, even if a Party has been advised of the possibility of such damages. Each Party’s total liability to the other Party for all damages shall not exceed the amount you paid for Obscreen in the twelve (12) months preceding the claim. Notwithstanding the foregoing, nothing in this Section 8 shall limit a Party’s liability for its breach of the other Party’s intellectual property rights.
9. Indemnification
You agree to indemnify, defend, and hold harmless us, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of Obscreen, your violation of these Terms, or your breach of any applicable laws.
We shall defend, or at our option settle, any claim brought against you by a third party to the extent it alleges that Obscreen as delivered to you and used as authorized in this Agreement infringes or misappropriates any U.S. patent, copyright or trade secret of any third party (“Infringement Claim”), and pay any damages awarded in a final judgment, or amounts agreed in a monetary settlement, in any such claim defended by us; provided that you provide us: (a) prompt written notice of the Infringement Claim; (b) sole control over the defense and settlement of the Infringement Claim; and (c) all information and assistance reasonably requested by Obscreen Team in connection with the defense or settlement of, any such Infringement Claim. If any Infringement Claim is brought or, in our judgment, may be threatened, we may, at our sole option and expense: (i) procure for you the right to continue to use Obscreen; (ii) modify Obscreen to make it non-infringing; (iii) replace the infringing portion of Obscreen with non-infringing technology that is functionally equivalent to the infringing portion of Obscreen; or (iv) if none of the foregoing is commercially practicable, terminate this Agreement upon written notice to you, and refund a pro rata portion of unused and pre-paid Fees for the outstanding balance of the then current Term.
10. Changes to Terms
We may modify these Terms at any time. The most current version of the Terms will be posted on our website. By continuing to use Obscreen after any changes to the Terms become effective, you agree to be bound by the revised Terms.
11. Payment and License
Obscreen is a paid application that may require the purchase of a license to continue use after the completion of the free trial period. By purchasing a license, you agree to pay the applicable fees for the selected subscription plan. You are responsible for providing accurate payment information and keeping it up-to-date.
To purchase or license Obscreen, the Customer must submit an online order or issue a Purchase Order. If requested by Obscreen, the Purchase Order must be signed, or in the case of electronic submissions, it should be transmitted by the Customer or their authorized representative to verify identity. Any conditions specified in an electronically placed order or Purchase Order will not be binding on Obscreen. The terms outlined in the Terms of Service take precedence, regardless of any differing or additional terms included in a Purchase Order or other communication from the Customer to Obscreen. Any such additional or conflicting terms are considered rejected unless Obscreen expressly provides written approval.
The Customer's payment will be confirmed through a standard acknowledgment process via a third-party payment processor selected by Obscreen, currently Stripe®. Presently, Obscreen accepts credit card payments for licenses. However, Obscreen does not take responsibility for confirming payment acknowledgments.
When visiting the Obscreen order page, the Customer may be prompted to provide payment information in order to download a trial version of Obscreen (excluding hardware package purchases). A trial version is free but may require the Customer to provide payment information as they could be automatically charged for the full version once the trial expires, and a license will be issued. The Customer can cancel a trial at any point during a trial period to avoid being charged after the trial ends.
Also, take note that the Free version of Obscreen is for personal use only and not for distribution.
12. Subscription and Renewals
We may offer subscription plans for Obscreen, which may include monthly or annual payment options. By choosing a subscription plan, you agree to pay the applicable fees for the selected plan. Your subscription will automatically renew at the end of each subscription period, and you authorize us to charge your payment method for the renewal fees unless you cancel your subscription before the renewal date.
Subject to Obscreen’s credit approval process, payment will be processed once the Customer connects their first server with Obscreen. Prior to connecting a server, the Customer may upload assets, but these assets will not be displayed until the server is connected and payment has been successfully processed. Payments must be made in the currency indicated on Obscreen’s website or in a local currency if both Obscreen and the Customer agree to such terms.
If a payment fails or is rejected, and the Customer’s assets have already been uploaded, displayed, or supported, Obscreen reserves the right to immediately halt the display and discontinue support for those assets until the payment is resolved. In such cases, Obscreen may consider the Customer to be in breach of the current agreement, and without prior notice, may erase the Customer’s assets and permanently revoke access to Obscreen’s services.
13. Refunds
Any subscription plan is non-refundable. If a Customer cancels a subscription during the current billing period, no prorated refunds for the remaining time will be issued. The subscription will remain active until the end of the service period but will not be renewed.
However, we may offer refunds for license purchases at our sole discretion. To request a refund, please contact us at [email protected] with your purchase details and the reason for your refund request. We reserve the right to deny refund requests if we determine, in our sole discretion, that the request is fraudulent, abusive, or otherwise not in compliance with these Terms without any further explanation.
14. Account and Device Restrictions
Users may not create more than one account or use multiple devices to circumvent licensing restrictions. We reserve the right to terminate or suspend any accounts or devices found to be in violation of these restrictions.
15. Uploads
Obscreen does not guarantee the successful or complete upload of Customer assets or that such assets will be fully compatible with the Obscreen platform. Additionally, Obscreen cannot assure that assets will display as expected within a playlist or appear as intended on any device.
Customers should avoid uploading assets that are completely unique and have no backup copies elsewhere, as files may be altered during the upload or display process. Obscreen may also erase assets due to non-payment or breaches of the terms of service.
16. Fair Use Policy
Obscreen provides storage for media files, including photos, videos, or URLs, that are intended for use in digital signage. To ensure adequate storage space for all customers, Obscreen restricts media uploads to files intended for digital signage use only. If Obscreen determines that a Customer is using storage space for files unrelated to digital signage, it reserves the right to limit the storage available to that Customer by removing files. Under typical conditions, Customers will have sufficient storage for files used specifically for digital signage purposes.
17. Privacy and Data Protection
Your privacy is important to us, and we are committed to protecting your personal information. By using Obscreen, you agree to the collection, use, and disclosure of your information in accordance with our Privacy Policy, which is incorporated into these Terms of Service by reference.
Our Privacy Policy explains how we collect, use, store, and protect your information when you use Obscreen, and your rights regarding your personal information under applicable data protection laws, such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
We encourage you to review our Privacy Policy carefully to understand our practices regarding your personal information. If you do not agree with the terms of our Privacy Policy, please do not use Obscreen.
By continuing to use Obscreen, you acknowledge that you have read and agree to our Privacy Policy, and you consent to the processing of your personal information in accordance with our Privacy Policy and applicable data protection laws.
18. Governing Law and Disputes
These Terms will be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. Any disputes arising under these Terms will be resolved through arbitration in Paris in France, unless otherwise agreed by both parties.
19. Contact Information
For any questions or concerns regarding these Terms, please contact us at [email protected].