Terms of Use

1. Acceptance of terms

By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.

2. Description of the Service

Gecko Signage is a cloud-based digital signage platform that lets you create, schedule, and manage content and widgets and deliver them to display devices you operate. Features, including integrations with third-party services, may change, be added, or be removed over time.

3. Accounts & eligibility

You must be at least 16 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use. You agree to provide accurate information and to keep it up to date.

4. Third-party integrations

The Service lets you connect third-party accounts and services, such as Google (including Google Calendar and Google Sign-In) and Microsoft. When you connect a third-party account, you authorize us to access and use data from that account as described in our Privacy Policy, and solely to provide the related feature.

Your use of third-party services is also governed by those providers’ own terms and policies. We are not responsible for third-party services, and their availability or behavior is outside our control. You may revoke our access to a connected account at any time as described in the Privacy Policy.

5. Acceptable use

You agree not to:

• Use the Service to display or distribute content that is unlawful, infringing, defamatory, obscene, or that violates the rights of others;
• Upload malware or attempt to gain unauthorized access to the Service, other accounts, or our systems;
• Interfere with or disrupt the integrity or performance of the Service, including through excessive automated requests;
• Reverse engineer, resell, or sublicense the Service except as expressly permitted; or
• Use the Service in violation of any applicable law.

6. Your content

You retain ownership of the content you upload or configure through the Service (“Your Content”). You grant us a non-exclusive, worldwide license to host, store, process, and display Your Content solely as necessary to operate and provide the Service to you, including delivering it to the devices you manage.

You are responsible for Your Content and for having the necessary rights and permissions to use and display it, including any data drawn from connected third-party accounts.

7. Protected Health Information (PHI)

The Service is not designed or configured by default to receive, store, or process Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”). You agree not to upload, transmit, or otherwise submit PHI to the Service unless you have first entered into a Business Associate Agreement (“BAA”) with Red Gecko covering that use.

If you intend to use the Service in a manner that involves PHI, contact us at support@geckosignage.com prior to doing so to discuss execution of a BAA and any additional safeguards required. Absent an executed BAA, Red Gecko has not undertaken the obligations of a business associate under HIPAA with respect to your use of the Service, and Red Gecko disclaims all liability arising from PHI submitted to the Service in violation of this section.

8. Our intellectual property

The Service, including its software, design, branding, and documentation, is owned by Red Gecko and protected by intellectual property laws. These Terms do not grant you any right to our trademarks or to use the Service except as expressly permitted. We welcome feedback, and you agree we may use it without obligation to you.

9. Subscriptions & billing

Some features of the Service are offered on a paid subscription basis. If you purchase a subscription, you agree to pay the applicable fees and authorize us or our payment processor to charge your payment method. Unless otherwise stated, fees are non-refundable except as required by law. We may change pricing on a prospective basis with reasonable notice.

10. Devices & hardware

The Service is designed to deliver content to signage devices you own or operate. You are responsible for the devices you enroll, their network connectivity, physical security, and lawful operation in the locations where they are displayed. You are responsible for the content shown on your devices.

11. Availability & disclaimers

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable for maintenance, updates, or reasons beyond our control.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RED GECKO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Red Gecko and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from Your Content, your use of the Service, or your violation of these Terms or applicable law.

14. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if necessary to protect the Service or other users. Upon termination, your right to use the Service ends, and we may delete your data as described in the Privacy Policy, subject to any legal retention obligations.

15. Governing law

These Terms are governed by the laws of the State of Ohio, United States, without regard to its conflict-of-laws principles. You agree that the state and federal courts located in Franklin County, Ohio will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction there.

16. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Contact us

If you have questions about these Terms, contact us at support@geckosignage.com.

Red Gecko LLC
Columbus, Ohio, United States