Acceptance of Terms

By accessing or using the Exceed Cast application (the "Service"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

Description of Service

Exceed Technologies provides Cast, a digital signage content management system. The Service is provided on a subscription basis and may include various features and functionalities as described on our website.

User Accounts

To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.   If you are an enterprise customer, your organization may make and update your account as required. You are responsible for maintaining the confidentiality of your account credentials and are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You are responsible for all content you upload or transmit through the Service. You agree not to use the Service for any unlawful purpose or in any way that violates these Terms.

Subscription and Payment

Access to the Service is provided on a subscription basis. You agree to pay all applicable subscription fees as described on our website. Subscription fees are billed in advance and are non-refundable, except as expressly stated in our refund policy. We reserve the right to change our subscription fees. We will provide you with reasonable notice of any fee changes. Subscriptions will automatically renew unless you cancel your subscription prior to the end of the current billing cycle.

Intellectual Property

Exceed Technologies retains all right, title, and interest in and to the Service, including all intellectual property rights. You agree not to reverse engineer, decompile, or disassemble the Service or attempt to derive the source code of the Service. You retain ownership of any content you upload or transmit through the Service. By uploading or transmitting content, you grant Exceed Technologies a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute such content for the purpose of providing the Service. This license and all rights to your content terminate when you terminate your subscription to use the product.

Data Privacy

We collect and use your data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

Termination

You may terminate your subscription at any time by not renewing your services. We may terminate your access to the Service for any reason, including but not limited to your violation of these Terms. Upon termination, your access to the Service will be terminated, and any outstanding fees will become immediately due.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Exceed Technologies DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  

Limitation of Liability

IN NO EVENT SHALL Exceed Technologies BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM.  

Indemnification

You agree to indemnify and hold Exceed Technologies harmless from any claims, damages, or expenses arising out of or in connection with your use of the Service or your violation of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, United States, without regard to its conflict of law principles.  

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide you with reasonable notice of any changes. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.