Terms of Use

Effective date: September 22, 2026

These Terms of Service ("Terms") govern your use of Display NOW, the cloud digital signage platform operated by Duke Technologies LLC, a Massachusetts limited liability company doing business as Display NOW ("Display NOW," "we," "us," or "our").

The short version

We believe you should be able to understand the contract you sign. This summary is for convenience only; the full Terms below control.

Your content is yours. You own everything you upload or create. We only use it to run your screens and the Service.
You control what plays on your screens. You are responsible for having the rights to what you display, including music, images, fonts, and logos.
No surprise charges. Subscriptions renew automatically, but we remind you before annual renewals and give 30 days' notice before price increases.
Try it risk-free. New customers get a 30-day money-back guarantee on their first purchase.
Your data leaves with you. You can export your content, and we delete it after you leave on the schedule in Section 12.
Edge Players are loaned, not sold. Players included with your subscription stay our property, are covered by warranty, and must be returned if you cancel.
Fair limits on both sides. Liability caps and indemnities apply to both parties, not just to you.
Disputes are handled simply. We try to work things out first, then use individual arbitration in Massachusetts, with a small-claims option.

1. Agreement to These Terms

1.1 Acceptance. By creating an account, clicking to accept, signing an Order Form, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1.2 Business use. The Service is designed for businesses, schools, nonprofits, government bodies, and other organizations. It is not intended for personal, family, or household use. You must be at least 18 years old to create an account.

1.3 Authority. If you accept these Terms on behalf of an organization, you confirm that you have authority to bind it. In that case, "you" and "Customer" mean that organization.

1.4 Related documents. These Terms incorporate our Privacy Policy, any Order Form, and, where signed or incorporated, our Data Processing Addendum ("DPA"). If documents conflict, this order controls: (a) a signed Order Form or negotiated agreement, but only for the specific conflicting item; (b) the DPA, for personal data matters; (c) these Terms; (d) the Privacy Policy and other posted policies.

1.5 Website visitors. If you only browse displaynow.io without creating an account, Sections 6, 14, 16, 18, 20, and 22 apply to your use of the website.

2. Definitions

"Service" means the Display NOW platform, including Display NOW Manager, the player apps, the mobile apps, APIs, integrations, AI Features, templates, and related support.
"Customer Content" means any content, data, media, playlists, schedules, text, and files you or your Authorized Users upload, create, connect, or display through the Service, including AI Inputs and Outputs.
"Authorized User" means an employee, contractor, or agent you allow to access your account.
"Screen" means each display, device, or player connected to your account. Most plans are priced per Screen.
"Edge Player" means any Display NOW-branded media player hardware we furnish to you.
"Order Form" means any online checkout, quote, invoice, or signed order that specifies your plan, Screens, term, and fees.
"Subscription Term" means the monthly or annual period in your Order Form, including renewals.
"AI Features" means features that use machine learning or generative AI, such as AI menu boards, image generation, and content suggestions.
"Third-Party Services" means products, data feeds, apps, and integrations not provided by Display NOW, such as Google Workspace, social media platforms, and weather data providers.

3. The Service

3.1 Access. Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable right during your Subscription Term to access and use the Service for your internal business purposes, including displaying content to your customers, employees, students, and visitors.

3.2 Screens and plan limits. You may connect up to the number of Screens in your Order Form. Adding Screens increases your fees on a prorated basis. You may not share one Screen license across multiple displays, or use technical workarounds to exceed purchased limits.

3.3 Authorized Users and affiliates. You may let Authorized Users and your affiliates use the Service under your account. You are responsible for their compliance with these Terms.

3.4 Resellers, agencies, and partners. If you manage screens for clients, you may do so only under a Display NOW partner or reseller agreement, or with our written permission. You remain responsible for your clients' content and use.

3.5 Player apps and software. Our player apps and downloadable software are licensed, not sold, for use only with the Service. Some software may include open-source components governed by their own licenses. App store terms (Apple, Google, Amazon, Samsung, LG, and others) also apply to apps obtained there. Those app stores are not parties to these Terms and have no support obligations, but they are third-party beneficiaries of this Section 3.5 where their terms require it.

3.6 Changes to the Service. We continually improve the Service and may add, change, or retire features. If we remove a material feature you are paying for, we will give you at least 30 days' notice. If the change materially reduces the Service, you may cancel and receive a prorated refund of prepaid fees for the unused term.

3.7 Beta features. Features marked beta, preview, or early access are provided as-is, may change or be discontinued, and are excluded from any service commitments.

3.8 Free plan. We may offer a Free plan with the features and limits shown on our pricing page, currently one Screen, limited storage, and limited AI credits. Because it is provided at no charge:

We may change, limit, or discontinue the Free plan, or any of its features, at any time, with or without notice.
It is provided as-is, without warranties, uptime targets, or service credits, and support is limited to the channels we choose.
We may delete Free plan accounts after an extended period of inactivity, after emailing the account owner.
Each organization may have one Free plan account. Creating multiple free accounts to get around plan limits is not allowed.
Sections 3.6, 13.1, and 16.1 do not apply to the Free plan, and our liability is limited as described in Section 18.2.

If you upgrade to a paid plan, your content carries over.

4. Accounts and Security

4.1 Accurate information. You agree to provide accurate account, billing, and contact information and keep it current.

4.2 Credentials. You are responsible for keeping login credentials confidential and for all activity under your account. We strongly recommend enabling multi-factor authentication and single sign-on where available.

4.3 Screen security. Screens are often in public places. You are responsible for the physical security of your displays and devices, and for restricting who can pair, unplug, or tamper with them.

4.4 Notify us. Tell us promptly at [email protected] if you believe your account or a Screen has been compromised. We may temporarily lock an account or Screen to protect you or the Service.

5. Customer Content and What You Display

5.1 You own your content. As between you and Display NOW, you retain all rights in your Customer Content. We claim no ownership of it.

5.2 License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, format, resize, cache, and display Customer Content only as needed to provide, secure, support, and improve the Service for you. This license ends when your content is deleted under Section 12, except for backups retained on their normal cycle.

5.3 Your responsibility for what plays. You decide what appears on your Screens. You are solely responsible for Customer Content and confirm that you have all rights, licenses, and consents needed to display it publicly. This includes:

Music and audio. Playing music in a business usually requires public performance licenses (for example, from ASCAP, BMI, SESAC, GMR, or local equivalents). Unless your plan expressly includes licensed background music, Display NOW does not provide these licenses, and any included music may be used only as offered in the Service.
Images, video, fonts, and trademarks. You need rights to any third-party media, stock assets, fonts, logos, and brand marks you use.
People. You need consent to display identifiable people, including employees and customers, where required by law.
Signage and advertising laws. You are responsible for complying with laws on advertising claims, menu labeling and calorie disclosure, alcohol and tobacco promotion, pricing accuracy, accessibility, and local signage rules.

5.4 Third-party advertising. You may use the Service to advertise your own or third parties' products and services. If you sell screen time to advertisers, you are responsible for your advertisers' content and your agreements with them.

5.5 Templates and stock media. Templates, stock images, and design elements we provide may be used only within the Service and on your Screens. Some are licensed from third parties and may carry additional restrictions shown in the Service. You may not resell or redistribute them as standalone files.

5.6 Removal. We do not pre-screen Customer Content, but we may remove or disable content, or pause a Screen, if we reasonably believe it violates these Terms or the law, or if we receive a valid legal notice. Where practical, we will notify you first.

5.7 Copyright complaints. We respond to notices of alleged infringement under the Digital Millennium Copyright Act. Send notices to our designated agent at [email protected] with the information required by 17 U.S.C. § 512(c)(3). We may terminate accounts of repeat infringers.

5.8 Websites on your screens. When you use the Service to display a website, you are responsible for having the right to display it publicly and for following that website's terms. Websites are controlled by their operators, may block embedding, require login, or change without notice, and may collect information from the player device under their own privacy policies. We do not guarantee that any website will display correctly.

6. Acceptable Use Policy

You and your Authorized Users may not use the Service to:

Display or distribute content that is illegal, defamatory, fraudulent, or deceptive, or that infringes anyone's intellectual property, privacy, or publicity rights.
Display sexually explicit material, content that sexualizes minors, or graphic violence in any location where it could be seen by the public or minors.
Promote violence, terrorism, harassment, or hatred against people based on protected characteristics.
Make false or misleading advertising claims, or deceptive pricing.
Collect personal data from screen viewers (for example, through cameras, sensors, or QR codes) without the notices and consents required by law.
Upload malware, or attempt to probe, scan, breach, or disrupt the Service, other customers' accounts, or our networks.
Reverse engineer, decompile, or copy the Service, except where the law expressly allows it despite this restriction.
Scrape the Service, or access it through automated means other than our published APIs, within documented rate limits.
Resell or sublicense the Service without a partner agreement, or white-label it except as included in your plan.
Build or benchmark a competing product using the Service, or publish performance benchmarks without our written consent.
Circumvent Screen limits, usage caps, or security controls.
Use the Service in safety-critical systems, such as emergency alerting as the sole notification method, air traffic control, or life support, where failure could cause death, injury, or environmental damage.
Violate export control or sanctions laws, or use the Service if you are located in, or owned by a party in, an embargoed country or on a U.S. government restricted-party list.

We may investigate suspected violations and cooperate with law enforcement when required by law.

7. Edge Player and Other Hardware

7.1 Furnished equipment. When your plan includes an Edge Player, we furnish it to you for use with the Service during your Subscription Term. Display NOW retains title to all furnished Edge Players. You receive a right to use the device, not ownership. Risk of loss passes to you on delivery.

7.2 Warranty and replacement. For furnished Edge Players on an active subscription, we will repair or replace a device that fails under normal use during the warranty period stated in your plan (currently 3 years for the Edge Plan). This warranty does not cover damage from accidents, misuse, liquid, power surges, unauthorized modification, loss, or theft. Contact support to start a replacement; we may require you to return the defective unit first.

7.3 Your obligations. You agree to use Edge Players only with the Service, not to resell, pledge, or modify them, and to keep them in a reasonably safe environment.

7.4 Return on cancellation. When your subscription ends, you must return each furnished Edge Player within 30 days using the prepaid return label we provide. If a device is not returned in working condition (normal wear excepted) within that period, we may charge the then-current replacement fee, currently $129 per device.

7.5 Purchased hardware. If you buy hardware outright from us, title passes to you on delivery. Any manufacturer's warranty passes to you, and our only obligation is to help you exercise it. Third-party displays, TVs, and streaming devices are covered only by their makers' warranties.

7.6 Shipping. Shipping dates are estimates. We are not responsible for carrier delays. Report damaged or missing shipments within 14 days of delivery.

8. AI Features

8.1 Inputs and Outputs. Content you submit to AI Features ("Inputs") and content they generate ("Outputs") are Customer Content. As between you and us, you own your Inputs and, to the extent the law allows, your Outputs. Outputs may not be protectable by copyright, and similar Outputs may be generated for other customers.

8.2 Review before you publish. AI can be wrong. You must review Outputs before displaying them, especially prices, menu items, ingredients, allergens, nutrition information, dates, and any factual claims. You are responsible for Outputs you publish.

8.3 AI providers. We use third-party AI providers to power some AI Features. Inputs are sent to those providers only to generate your Outputs. Our AI providers do not use your Inputs or Outputs to train their models, and we do not use your Customer Content to train generative AI models without your permission. Our current AI subprocessors are listed on our Trust Center.

8.4 Prohibited AI uses. In addition to Section 6, you may not use AI Features to:

Generate content designed to deceive viewers into believing it depicts real people or events when it does not, including deepfakes of real individuals.
Generate medical, legal, or financial advice for display as professional advice.
Generate political campaign or election content.
Make automated decisions with legal or similarly significant effects on individuals.
Submit sensitive personal data (such as health, biometric, or financial account data) as Inputs.

8.5 Disclosure. Where the law requires it, you must disclose to viewers that content was AI-generated.

8.6 Limits. We may set usage limits on AI Features by plan, and we will show those limits in the Service.

9. Integrations and Third-Party Services

9.1 Your choice to connect. The Service lets you connect Third-Party Services such as Google Sheets, Slides, and Calendar, Microsoft 365, social media feeds, dashboards, and data feeds. You choose which to connect and can disconnect them at any time. Your use of a Third-Party Service is governed by its own terms, and we are not responsible for it.

9.2 Minimal access. When you connect an account, we request only the permissions needed for the feature you use. For example, our Google integrations use file-level access so we can reach only the files you select.

9.3 Google user data. Display NOW's use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. We use Google user data only to provide the features you enable, do not sell it, do not use it for advertising, and do not use it to train AI models.

9.4 Data feeds. Weather, news, stock, sports, and other data feeds come from third-party providers. They are provided for informational display only, may be delayed or inaccurate, and must not be relied on for safety, trading, or emergency decisions. Required attributions must stay visible.

9.5 Availability. If a Third-Party Service changes its API, pricing, or terms, or stops working with us, we may need to change or discontinue the related integration. We will give reasonable notice where we can.

9.6 Emergency alerts. Emergency broadcast and alert features, including CAP, FEMA, and NOAA feeds, are not guaranteed. They depend on third-party alert sources, hosting and cloud providers, networks, power, and your devices, and may be delayed, incomplete, or fail. They supplement, and do not replace, official alerting systems, fire alarms, public address systems, and your own legal safety obligations.

10. Subscriptions, Fees, and Taxes

10.1 Fees. You agree to pay the fees in your Order Form. Unless stated otherwise, fees are quoted and payable in U.S. dollars, billed in advance for each Subscription Term, and non-refundable except as stated in these Terms.

10.2 Payment methods. We accept major credit and debit cards and, on request, ACH, PayPal, wire transfer, and check (a manual processing fee may apply to checks). By providing a payment method, you authorize us and our payment processors to charge it for all fees, including recurring charges, until you cancel.

10.3 Invoiced accounts. If we agree to invoice you, payment is due within 30 days of the invoice date unless your Order Form says otherwise. Payment must be received before the renewal date to avoid interruption.

10.4 Automatic renewal. Subscriptions renew automatically for the same term length unless you turn off auto-renew or cancel before the renewal date. For annual subscriptions, we will email you a reminder at least 30 days before renewal. You can turn off auto-renew at any time by emailing [email protected] or, once available, in your account settings.

10.5 Price changes. We may change prices for renewal terms. We will give you at least 30 days' notice before a price increase takes effect, and it will apply at your next renewal. Prices locked by a signed Order Form will not change during that term.

10.6 Taxes. Fees exclude taxes. You are responsible for all sales, use, VAT, GST, and similar taxes, other than taxes on our income. We calculate and collect taxes where we are required to, based on your billing or ship-to address. If you are tax-exempt, provide a valid exemption certificate before billing.

10.7 Late payment. If a payment fails or is more than 10 days overdue, we will notify you. If it remains unpaid 15 days after that notice, we may suspend the Service until payment is received. Screens may display a notice while suspended. Overdue amounts may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower.

10.8 Billing disputes. If you believe a charge is wrong, contact [email protected] within 60 days. We will work with you in good faith, and we will not suspend the Service over an amount you dispute in good faith while we resolve it. Please contact us before initiating a chargeback.

10.9 Pricing errors. We may correct obvious pricing errors. If an error affects an order you placed, we will contact you and let you cancel for a full refund.

11. Free Trials, Money-Back Guarantee, and Cancellation

11.1 Free trials. We may offer free trials. Unless you cancel before the trial ends, your subscription will start and you will be charged for the plan you selected. We will tell you the trial end date when you sign up. Trials are provided as-is.

11.2 30-day money-back guarantee. If you are not satisfied with your first paid purchase, request a refund within 30 days of that purchase and we will refund the subscription fees in full. Any furnished Edge Player must be returned under Section 7.4. The guarantee applies once per customer and does not apply to renewals, added Screens on existing accounts, or custom services.

11.3 How to cancel. You may cancel at any time by emailing [email protected] or, once available, in your account settings. Cancellation takes effect at the end of your current paid term, and you keep access until then. Except under Section 11.2, Section 3.6, or where the law requires, we do not provide refunds or credits for partial terms.

11.4 Downgrades. Reductions in Screens or plan level take effect at your next renewal.

12. Data, Privacy, and Security

12.1 Privacy. Our Privacy Policy explains how we handle personal data. To the extent Customer Content includes personal data, we process it as your processor or service provider, following your instructions and our DPA, which is available on request and incorporated when signed or accepted.

12.2 Security. We maintain administrative, technical, and physical safeguards designed to protect Customer Content, including encryption in transit, access controls, and regular security reviews. Details are available at our Trust Center. No system is perfectly secure, but we will not reduce the overall level of our security during your Subscription Term.

12.3 Security incidents. If we confirm unauthorized access to your Customer Content, we will notify you without undue delay, and within the time required by law, and give you information reasonably available to help you respond.

12.4 Subprocessors. We use trusted subprocessors (such as cloud hosting, payment, email, and AI providers) to deliver the Service. We list them on our Trust Center and remain responsible for their performance of our obligations.

12.5 International transfers. We host the Service primarily in the United States. Where required, we use lawful transfer mechanisms such as the EU Standard Contractual Clauses, as described in our DPA.

12.6 Usage data. We collect technical and usage data about how the Service and Screens operate (for example, uptime, playback logs, errors, and feature usage). We use it to operate, secure, support, and improve the Service, and we may use aggregated, de-identified data that does not identify you or any individual for analytics and benchmarking.

12.7 Export. You can export your media and content from the Service at any time during your Subscription Term, and for 30 days after it ends.

12.8 Deletion. After that 30-day period, we will delete Customer Content from active systems within 60 days, and from backups on their normal rotation, unless the law requires us to keep it. You can ask us to delete it sooner.

12.9 Backups. We back up the Service regularly, but you should keep your own copies of important original files.

13. Availability and Support

13.1 Availability. We work to keep the Service available 24/7 and target 99.9% monthly uptime for Display NOW Manager and content delivery, excluding scheduled maintenance, emergency maintenance, and events outside our reasonable control. Real-time status is published at status.displaynow.io. A financially backed service level agreement is available on qualifying plans under a signed Order Form.

13.2 Offline playback. Players are designed to keep playing cached content during internet or platform outages. Content updates resume when connectivity returns.

13.3 Maintenance. We schedule maintenance to minimize disruption and will announce planned maintenance that may affect the Service in advance where practical.

13.4 Support. Support is available through our Help Center, email, and chat, with response times and channels based on your plan. Support does not include on-site installation, networking of your premises, or content design unless purchased separately.

13.5 Your environment. The Service depends on things we do not control, including your internet connection, networks, firewalls, power, displays, and third-party devices. We are not responsible for problems caused by them.

14. Intellectual Property and Feedback

14.1 Our property. Display NOW and its licensors own all rights in the Service, including software, player apps, designs, templates, documentation, and the Display NOW name and logos. Except for the rights expressly granted in these Terms, no rights are transferred to you.

14.2 Website content. You may view and print pages of displaynow.io for your own reference. You may not copy, republish, or commercially exploit our website content without permission.

14.3 Feedback. If you send us suggestions or feedback, you give us a perpetual, irrevocable, royalty-free right to use it for any purpose without obligation to you. We will not identify you publicly as its source without your permission.

14.4 Customer name and logo. You grant us a non-exclusive, royalty-free, worldwide license to use your organization's name and logo to identify you as a Display NOW customer on our website, in customer lists, sales presentations, and marketing materials, following any brand guidelines you give us. We will not suggest that you endorse Display NOW, and we will not publish case studies, testimonials, or quotes without your approval. You can withdraw this permission at any time by emailing [email protected]. We will then remove your name and logo from our website within 30 days and stop using them in new materials, but we do not have to recall materials already printed or distributed.

15. Confidentiality

15.1 Obligations. Each party may receive non-public information from the other that is marked confidential or should reasonably be understood as confidential ("Confidential Information"). Customer Content is your Confidential Information. Non-public pricing, product plans, and security information are ours. Each party will use the other's Confidential Information only to perform under these Terms, protect it with at least reasonable care, and share it only with employees, contractors, and advisors who need to know and are bound by similar obligations.

15.2 Exclusions. Confidential Information does not include information that is or becomes public through no fault of the recipient, was already known to the recipient, is received from a third party without a confidentiality duty, or is independently developed.

15.3 Legal disclosure. A party may disclose Confidential Information when legally required, after giving the other party prompt notice where lawful so it can seek protection.

16. Warranties and Disclaimers

16.1 Our warranty. We warrant that during your Subscription Term the Service will perform materially as described in our documentation. If it does not, and you notify us, we will use reasonable efforts to fix it. If we cannot do so within 30 days, either party may terminate the affected subscription and we will refund prepaid fees for the unused term. This is your exclusive remedy for breach of this warranty. Hardware warranties are covered separately in Section 7.

16.2 Mutual warranties. Each party warrants that it has the legal power to enter into these Terms and will comply with laws that apply to it in performing under them.

16.3 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, HARDWARE, AI OUTPUTS, DATA FEEDS, AND THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPLAY NOW DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT AI OUTPUTS OR DATA FEEDS WILL BE ACCURATE.

17. Indemnification

17.1 By Display NOW. We will defend you against any third-party claim alleging that the Service, as provided by us, infringes that party's patent, copyright, or trademark, or misappropriates its trade secret, and pay damages and costs finally awarded or agreed in settlement. If such a claim arises, we may modify the Service to be non-infringing, obtain a license for your continued use, or, if neither is reasonable, terminate the affected subscription and refund prepaid fees for the unused term. We have no obligation for claims arising from Customer Content, Third-Party Services, AI Outputs, your modifications, or combinations with items we did not provide.

17.2 By you. You will defend Display NOW and its officers, employees, and agents against any third-party claim arising from your Customer Content (including content displayed on your Screens), your use of the Service in violation of these Terms or the law, or disputes between you and your own customers, clients, or advertisers, and pay damages and costs finally awarded or agreed in settlement.

17.3 Process. The party seeking defense must promptly notify the other of the claim, give it sole control of the defense and settlement (but no settlement may impose obligations on the protected party without its consent), and provide reasonable cooperation at the defending party's expense.

18. Limitation of Liability

18.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THEIR POSSIBILITY.

18.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID AND PAYABLE BY YOU TO DISPLAY NOW IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY. FOR FREE PLAN USERS, FREE TRIAL USERS, AND ANYONE ELSE WHO HAS PAID NO FEES, DISPLAY NOW HAS NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18.3 Exceptions. The limits in Sections 18.1 and 18.2 do not apply to: (a) your obligation to pay fees; (b) a party's defense obligations under Section 17; or (c) your breach of Section 6 (Acceptable Use).

18.4 Basis of the bargain. These limits reflect an allocation of risk that is reflected in our pricing, and apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of them may not apply to you.

19. Term, Suspension, and Termination

19.1 Term. These Terms apply from when you first accept them until all subscriptions have ended and your account is closed.

19.2 Suspension. We may suspend all or part of the Service immediately if: (a) your use poses a security risk or threatens the Service or other customers; (b) you violate Section 6; (c) we are required by law; or (d) payment is overdue as described in Section 10.7. We will limit any suspension to what is reasonably necessary, give notice where practical, and restore the Service promptly once the issue is resolved.

19.3 Termination for cause. Either party may terminate these Terms or an Order Form if the other party materially breaches and does not cure within 30 days of written notice, or becomes insolvent or subject to bankruptcy proceedings.

19.4 Refund on our breach. If you terminate for our uncured material breach, we will refund prepaid fees for the unused portion of your Subscription Term.

19.5 Effect of termination. When your subscription ends, your access stops, unpaid fees become due, Edge Players must be returned under Section 7.4, and Customer Content is handled under Sections 12.7 and 12.8.

19.6 Survival. Sections that by their nature should survive will survive termination, including Sections 5.7, 7.4, 10 (for unpaid amounts), 12.7–12.8, 14 through 18, 20, 22, and 23.5.

19.7 No re-registration. If we terminate your account for violating these Terms, you may not create a new account without our permission.

20. Governing Law and Dispute Resolution

20.1 Governing law. These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

20.2 Talk to us first. Before starting any formal proceeding, the party with a dispute will send written notice describing it to the other (for Display NOW, to [email protected]). The parties will try in good faith to resolve it for 30 days.

20.3 Arbitration. If the dispute is not resolved, it will be resolved by final, binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. Arbitration will take place in Boston, Massachusetts, or by video conference, in English. Judgment on the award may be entered in any court with jurisdiction.

20.4 Individual claims only. Disputes will be resolved only on an individual basis. Neither party may bring or participate in a class, collective, consolidated, or representative action or arbitration.

20.5 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect its intellectual property or Confidential Information, or to stop a violation of Section 6.

20.6 Courts. For any matter not subject to arbitration, the state and federal courts located in Suffolk County, Massachusetts have exclusive jurisdiction, and each party consents to their jurisdiction.

20.7 Time limit. Any claim must be brought within 2 years after it arises, to the extent the law allows.

21. Changes to These Terms

We may update these Terms as our Service and the law evolve. For material changes, we will notify you by email or in the Service at least 30 days before they take effect. Non-material changes, such as clarifications and corrections, take effect when posted. If you object to a material change, you may cancel before it takes effect and receive a prorated refund of prepaid fees for the unused term. Continued use after the effective date means you accept the updated Terms. Changes will not apply retroactively, and a signed Order Form that fixes terms for its duration will control until it ends. Previous versions are available on request.

22. General Provisions

22.1 Entire agreement. These Terms, with the documents listed in Section 1.4, are the entire agreement between the parties about the Service and supersede prior agreements on that subject. Terms on your purchase orders or vendor portals do not apply, even if accepted by us.

22.2 Assignment. Neither party may assign these Terms without the other's written consent, except that either party may assign them without consent to an affiliate, or to a successor in a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or the business to which these Terms relate. Any other attempted assignment is void. These Terms bind permitted successors.

22.3 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, pandemics, war, terrorism, labor actions, government action, internet or utility failures, or failures of third-party hosting providers. This does not excuse payment obligations.

22.4 Notices. We may send you notices by email to your account's primary contact, or in the Service. You must send legal notices to [email protected] with a copy to our mailing address in Section 24. Notices are effective when received.

22.5 Electronic communications. You agree that electronic signatures, click-through acceptance, and electronic notices satisfy any legal requirement for a writing or signature.

22.6 Export and sanctions. Each party will comply with U.S. and other applicable export control and sanctions laws.

22.7 U.S. Government users. The Service is "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202. Government users receive only the rights set out in these Terms.

22.8 Independent parties. The parties are independent contractors. These Terms create no partnership, joint venture, agency, or employment relationship, and no third-party beneficiaries except as stated in Section 3.5.

22.9 Waiver and severability. Failure to enforce a provision is not a waiver. If any provision is found unenforceable, it will be enforced to the maximum extent possible and the rest of these Terms will remain in effect.

22.10 Headings and interpretation. Headings and the short-version summary are for convenience only. "Including" means "including without limitation."

22.11 California residents. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or at (800) 952-5210.

23. Additional Terms: Revenue Engine and Advertising Payments

This section applies if you use Revenue Engine features to sell screen time, run advertiser campaigns, or collect payments from advertisers through the Service.

23.1 What Revenue Engine does. Revenue Engine provides tools to register advertisers, create campaigns and experiments, track ad playback, and collect advertiser payments through our payment platform.

23.2 You are the seller. You, not Display NOW, sell advertising on your Screens. You set your prices, approve advertiser content, and are solely responsible for your agreements with advertisers, including delivery commitments, refunds, and make-goods. Display NOW is not a party to those agreements and is not your or any advertiser's agent, except as a limited agent for collecting payments on your behalf under Section 23.3. Advertiser content you display is Customer Content under Section 5.

23.3 Payment processing. Advertiser payments are processed by our third-party payment processor. To receive payouts, you must complete the processor's identity verification and accept its connected-account terms. A payment an advertiser makes through the Service is treated as paid to you when the processor receives it. We or the processor may delay, hold, or reverse payouts to verify identity, investigate suspected fraud or a violation of these Terms, cover refunds or chargebacks, or comply with law.

23.4 Platform fee. We charge a platform fee of 15% of the gross amount of each advertiser transaction processed through Revenue Engine, deducted before payout. Any payment processing fees are shown in the Service before you accept payments. We may change the platform fee with at least 30 days' notice, and changes apply only to transactions after the effective date.

23.5 Refunds and chargebacks. You are responsible for refunds you grant and for chargebacks, disputes, and reversals on your advertisers' payments, including related processor fees. We may deduct these amounts from future payouts or charge your payment method on file. The platform fee on a refunded or charged-back transaction is non-refundable.

23.6 Taxes and reporting. You are responsible for determining, collecting, and paying any taxes on your advertising sales. We or our processor may issue tax forms (such as Form 1099-K) and report payout information to tax authorities as required by law.

23.7 Playback data. Ad playback tracking and proof-of-play reports are provided on a reasonable-efforts basis. They depend on device connectivity, power, and settings, and may be delayed or incomplete. They are not independently audited impression counts. You should not promise advertisers guaranteed delivery based only on this data, and we are not liable for make-goods or refunds you owe advertisers.

23.8 Advertising compliance. You are responsible for ensuring advertiser content complies with the law, including truth-in-advertising rules, sponsorship disclosures, and restrictions on advertising alcohol, tobacco, cannabis, gambling, firearms, political content, and other regulated categories. We may prohibit certain advertising categories in the Service.

23.9 Suspension of payments features. We may suspend Revenue Engine payment features for your account if we reasonably suspect fraud, excessive chargebacks, or a violation of these Terms, and will notify you where practical.

24. Contact Us

Questions about these Terms? We are happy to help.

Duke Technologies LLC 944 Dorchester Ave, Unit 23 Boston, MA 02125, United States

General support: [email protected]
Billing: [email protected]
Legal notices and copyright agent: [email protected]
Security, compliance, and subprocessors: trust.displaynow.io
Phone: (781) 375-1989