BrandCast Terms of Service

Version: 1.1 Last Updated: May 12, 2026 Effective Date: May 12, 2026

These Terms of Service ("Terms") are a binding agreement between you and BrandCast Labs LLC ("BrandCast," "we," "us") covering your use of the BrandCast digital signage platform, websites, mobile apps, and APIs (collectively, the "Service"). Please read them carefully.

By checking the "I agree" box at signup or device pairing, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Who Can Use the Service

The Service is offered only to residents of the United States. You may use it only if all of the following are true:

• You are located in the United States.
• You are at least 18 years old.
• You can form a binding contract with us.
• If you accept on behalf of a company or other organization, you have authority to bind that organization. In that case, "you" means both you individually and that organization.
• You are not on any U.S. government list of restricted parties (e.g., OFAC).

2. The Service

BrandCast lets you create, schedule, and remotely manage digital signage content across one or more displays. Features include layout design, scheduling, third-party content integrations, organizational permissions, and remote display monitoring.

We may add, remove, or change features at any time. We may also offer beta or preview features that are clearly labeled as such; those are provided "as is" and may be discontinued without notice.

3. Your Account

You are responsible for:

• The accuracy of the information you provide.
• Keeping your credentials confidential and using strong, unique passwords.
• All activity that occurs under your account.

Notify us promptly at [email protected] if you suspect unauthorized access.

4. Plans, Billing, and Free Trials

Free trial. Eligible new accounts receive a 30-day free trial of the Standard plan. Trials are limited to one per customer or organization. If you do not subscribe before the trial ends, your account, Customer Content, and connected integrations will be deleted at the end of the trial unless you take action to subscribe or extend.

Paid plans. Paid plans are billed in advance through Stripe. By subscribing, you authorize recurring charges to your payment method until you cancel. Fees are non-refundable except where required by law or stated in writing by us.

Display limits and overages. Each plan includes a number of permitted active displays. We monitor active displays. Exceeding your plan's limit may result in additional charges, plan upgrade, or service suspension. Using technical workarounds to evade display limits is prohibited.

AI credits. Some BrandCast features (such as AI-generated content, narration, and intelligent signage) consume usage credits. Credits purchased or granted to your account are valid for 12 months from the date of grant and expire if not used within that window. Unused credits do not roll forward and are not refundable upon expiry. We may notify you in advance of expiry as a courtesy, but it is your responsibility to use credits within the validity period.

Price changes. We may change pricing on at least 30 days' notice. Price changes take effect at your next renewal.

Taxes. Fees are exclusive of taxes. You are responsible for any applicable taxes other than taxes on our net income.

5. Hardware

You are responsible for the displays and other hardware on which the Service runs, including procurement, setup, internet connectivity, electrical and safety compliance, physical security, and ongoing maintenance. The Service may not work correctly if your hardware does not meet our published requirements.

6. Acceptable Use

You agree not to use the Service to display, upload, transmit, or generate content that:

• Infringes anyone's intellectual property, privacy, publicity, or other rights;
• Is unlawful, defamatory, harassing, threatening, hateful, or harmful to minors;
• Contains malware, exploits, or attempts to interfere with the Service or other users;
• Promotes illegal goods or services;
• Solicits or includes sexual content involving minors;
• Violates applicable advertising, broadcasting, music licensing, or signage laws.

You also agree not to:

• Reverse-engineer, decompile, or attempt to extract source code from the Service;
• Resell, sublicense, or commercially redistribute the Service without our written permission;
• Use the Service to build a competing product;
• Interfere with security features, rate limits, or other technical controls;
• Use the Service to spam, scrape, or send unsolicited communications.

We may suspend or terminate access for violations of this Section 6 with or without notice.

7. Your Content

"Customer Content" means anything you upload, create, schedule, or display through the Service, including content pulled from your connected third-party accounts.

You own your Customer Content. You grant BrandCast a worldwide, non-exclusive, royalty-free license to host, store, transmit, render, cache, modify (only as needed for display formatting), and otherwise process Customer Content solely to operate, support, and improve the Service for you.

You are responsible for it. You represent that you have all rights necessary to display Customer Content on your screens, including for any music, fonts, trademarks, photographs, or third-party material it contains. Public performance, synchronization, and signage licensing for music or video are your responsibility.

You indemnify us. You will defend and indemnify BrandCast against any third-party claim arising from Customer Content or from your violation of these Terms, and you will pay any resulting damages, settlements, and reasonable attorneys' fees.

8. Third-Party Services

The Service integrates with third parties, including Stripe (payments), Google (Sign-In, Photos, Drive, Slides, Docs, Sheets, Tasks), Canva, weather and calendar APIs, and others. Your use of those services is governed by their own terms. We are not responsible for third-party services and may discontinue any integration at any time.

9. Intellectual Property

BrandCast, the Service, and all related software, designs, trademarks, and content (other than Customer Content) are owned by BrandCast or its licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service per these Terms. No other rights are granted.

If you submit feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.

10. Copyright (DMCA)

If you believe content on the Service infringes your copyright, send a notice that meets the requirements of 17 U.S.C. § 512(c)(3) to our designated agent. Full agent contact information, notice requirements, and counter-notice procedures are at https://brandcast.app/dmca.

We respond to valid notices consistent with the DMCA and may terminate the accounts of repeat infringers.

11. Service Availability

We work to keep the Service available and reliable, but we do not promise uninterrupted or error-free operation. The Service may be unavailable for maintenance, upgrades, or factors outside our control. Specific uptime commitments, if any, are stated only in a separate written service-level agreement.

12. Privacy

Our Privacy Policy explains how we collect and use information. By accepting these Terms, you also consent to that policy.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CUSTOMER CONTENT WILL NOT BE LOST.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
• OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) USD $100.

These limits apply regardless of the legal theory and even if a remedy fails of its essential purpose.

15. Termination

You may cancel your account at any time from your dashboard or by contacting [email protected].

We may suspend or terminate your account if you breach these Terms, fail to pay, or use the Service in a way that creates risk for us or others. We will give reasonable notice when practical.

On termination, your right to use the Service ends. When you complete the cancellation workflow, we permanently delete your account, Customer Content, OAuth tokens, schedules, and display configurations immediately. The only data we retain after that point is what we are legally required to keep — for example, billing records needed for tax, audit, or fraud-prevention purposes — and aggregated, de-identified usage statistics that cannot be tied back to you. Sections 6, 9, 10, 13, 14, 16, and 17 survive termination.

16. Dispute Resolution

Informal resolution first. Before filing any claim, contact [email protected] and we will try in good faith to resolve it for at least 30 days.

Governing law. These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules.

Binding arbitration; class waiver. Any dispute that cannot be resolved informally will be resolved by binding individual arbitration administered by JAMS under its applicable rules. The arbitration will be conducted remotely — by video, telephone, and written submissions — with no requirement for either party to travel or appear in person. Each party waives the right to a jury trial and the right to participate in any class, collective, or representative action. The arbitrator may grant only individual relief. Either party may bring an individual action in small-claims court for qualifying claims, and either party may seek injunctive relief in court for intellectual-property or confidentiality matters.

30-day opt-out. You may opt out of arbitration by emailing [email protected] within 30 days of first accepting these Terms with the subject "Arbitration Opt-Out" and your account email. If you opt out, disputes will be resolved in the state or federal courts located in Wake County, North Carolina, and both parties consent to that jurisdiction and venue.

17. General

Changes to these Terms. We may update these Terms. If changes are material, we will give at least 30 days' notice by email or in-product notice before they take effect. Your continued use after the effective date is acceptance. If you don't agree, stop using the Service before the effective date.

Force majeure. Neither party is liable for delays or failures caused by events outside its reasonable control (natural disasters, war, internet or utility outages, supplier failures, government action, etc.).

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

No waiver; severability. Failure to enforce a provision is not a waiver. If any provision is unenforceable, the rest remain in effect.

Entire agreement. These Terms, the Privacy Policy, and any order form or written agreement we sign with you make up the entire agreement between us regarding the Service and supersede prior agreements on that subject.

Notices. We may give notice by email to the address on your account or by posting in the Service. You may give notice to [email protected].

Independent contractors. No agency, partnership, employment, or franchise relationship is created.

18. Contact

• General support: [email protected]
• Privacy: [email protected]
• Legal: [email protected]
• DMCA: [email protected]
• Security: [email protected]

BrandCast Labs LLC