Terms and Conditions

Agreement to Terms

These Terms and Conditions ("Terms") govern your access to and use of the TheiaCast digital signage software, including all client applications (Windows, Linux/Raspberry Pi, Android/Fire TV, LG webOS, Samsung Tizen), the server/admin application, and any associated documentation, updates, or services (collectively, the "Software"). By downloading, installing, or using the Software, you ("you," "your," or "Customer") agree to be bound by these Terms. If you do not agree, do not download, install, or use the Software.

Software License

TheiaCast is proprietary, self-hosted software. Subject to your compliance with these Terms (including payment of any applicable license fees under our Pricing terms), we grant you a limited, non-exclusive, non-transferable license to install and use the Software on infrastructure you own or control, for your own internal business purposes.

You may not: (a) sublicense, sell, rent, lease, or otherwise redistribute the Software as a standalone product to third parties without our prior written consent; (b) reverse engineer, decompile, or disassemble the Software except to the extent such restriction is prohibited by applicable law; (c) remove or obscure any proprietary notices; or (d) use the Software to build a competing product. This restriction does not affect your ability to build content, integrations, or configurations that run on top of the Software for your own use.

Self-Hosted Deployment & Your Responsibilities

TheiaCast is designed to be deployed on infrastructure that you own or control. As described in our Privacy Policy, we do not have access to your deployment or the data it holds. As a result, you are solely responsible for:

• Securing your servers, network, and database
• Configuring HTTPS/TLS, firewalls, and access controls
• Applying software updates in a timely manner
• Backing up your data and testing your restore process
• The content you choose to display and its compliance with applicable law
• Complying with any laws or regulations applicable to your use of the Software in your jurisdiction and industry

Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR TESTING THE SOFTWARE'S SUITABILITY FOR YOUR INTENDED USE BEFORE RELYING ON IT, PARTICULARLY IN ANY DEPLOYMENT WHERE DISPLAY DOWNTIME OR INCORRECT CONTENT COULD CAUSE HARM (e.g., safety signage, emergency alerting, or regulated environments).

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THEIACAST, ITS OWNERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SOFTWARE WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US FOR THE SOFTWARE LICENSE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IF YOU ARE USING THE FREE TIER, THE SOFTWARE IS PROVIDED ENTIRELY AT YOUR OWN RISK, FREE OF CHARGE AND WITHOUT ANY WARRANTY OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY WHATSOEVER TO YOU ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you in full.

Third-Party Content and Components

The Software may render, embed, or connect to third-party content, websites, or services that you configure (for example, a URL added to a playlist, an SSO identity provider, an AI provider for AI-assisted content, or a Microsoft Teams re-broadcast). We are not responsible for the availability, accuracy, or behavior of any third-party content or service, and your use of it is governed by that third party's own terms. The Software also incorporates open-source and third-party components, each governed by its own license; those licenses are not superseded by these Terms.

NDI® Compatibility

The Software may include the ability to ingest video sources using NDI®, a trademark of Vizrt NDI AB. NDI® and NDI HX™ are trademarks of Vizrt NDI AB and are used here only to identify NDI compatibility, not to imply any sponsorship or endorsement by Vizrt NDI AB. Any NDI-related functionality is built using the official NDI SDK and/or NDI runtime, which are themselves licensed to us by Vizrt NDI AB and remain the property of Vizrt NDI AB and its licensors. Nothing in these Terms transfers any ownership of NDI® technology to you.

To the extent your use of the Software involves NDI-related functionality, you agree that:

• You will not modify, reverse engineer, disassemble, or recompile the NDI SDK, the NDI runtime, or any NDI® products or protocols (whether transmitted over a network or used internally), and will not attempt to do so;
• You will not circumvent any technical limitations built into the NDI SDK, the NDI runtime, or any NDI® products;
• You will not remove, obscure, or alter any proprietary notices or labels contained on or within the NDI SDK, the NDI runtime, or any NDI® products;
• NDI® and its licensors provide the NDI SDK and NDI runtime with no warranties of any kind, and Vizrt NDI AB and its licensors disclaim all liability for any direct, indirect, incidental, or consequential damages arising from the use of NDI-related functionality, to the fullest extent permitted by law;
• You will comply with all applicable United States export laws and regulations, and will not export or re-export any product incorporating NDI® technology in violation of such laws;
• Any distribution of a product that incorporates the NDI SDK or NDI runtime will include the appropriate copyright notice showing NDI, Inc. / Vizrt NDI AB as the copyright owner; and
• If you are a developer building on top of the Software in a way that incorporates or distributes the NDI SDK or NDI runtime, you must ensure your own end users are bound by terms equivalent to those in this "NDI® Compatibility" section, including current and complete NDI compatibility requirements.

These terms are provided to satisfy the flow-down requirements of the NDI SDK license and do not expand or replace the disclaimers and limitations of liability set out elsewhere in these Terms with respect to the Software generally.

Indemnification

You agree to indemnify and hold us harmless from any claim, loss, or damage, including reasonable attorneys' fees, arising from: (a) your use of the Software in violation of these Terms or applicable law; (b) content you display or configure through the Software; or (c) your breach of the NDI® Compatibility terms above.

Termination

We may suspend or terminate your license to use the Software if you materially breach these Terms and fail to cure that breach within a reasonable time after notice. You may stop using the Software at any time. Sections that by their nature should survive termination (including Disclaimer of Warranties, Limitation of Liability, NDI® Compatibility, and Indemnification) will survive.

Changes to These Terms

We may update these Terms from time to time. Updates will be posted on this page with a revised "Last updated" date. Continued use of the Software after an update constitutes acceptance of the revised Terms.

Contact Us

Questions about these Terms can be sent to [email protected].