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End User License Agreement (Terms and Conditions)

End User License Agreement for Kitcast Inc. Services

Updated March 30, 2026

The following terms and conditions govern all use of (i) the Kitcast Inc. dashboard and product pages (the "Sites"), and (ii) the services and products available at or through the Kitcast application (the "Service" or "Application"). Kitcast Inc. provides the Application for Apple TV, Android TV, Amazon Fire TV, Samsung Tizen, LG webOS, BrightSign, ChromeOS, macOS, and iOS to stream and display content uploaded and/or created via the Kitcast dashboard.

The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site by Kitcast Inc.

PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE ACCESSING THE SITES OR OTHERWISE USING THE SERVICE. BY ACCESSING THE SITES OR USING ANY PART OF THE SERVICE, YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) ("YOU") AGREE THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS EULA, THEN YOU MAY NOT ACCESS THE SITES, THE SERVICE, OR ANY PART THEREOF. KITCAST INC.'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA, TO THE EXCLUSION OF ALL OTHER TERMS; IF THIS EULA IS CONSIDERED AN OFFER BY KITCAST INC., YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS OF THIS AGREEMENT. ADDITIONALLY, BY USING OUR SERVICES AND OUR WEBSITE, YOU DEMONSTRATE THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND ACCEPTED OUR PRIVACY POLICY DOCUMENT, WHICH IS IN COMPLIANCE WITH THE GENERAL DATA PROTECTION REGULATION (EU) 2016/679 ("GDPR"), THE CALIFORNIA CONSUMER PRIVACY ACT AS AMENDED BY THE CALIFORNIA PRIVACY RIGHTS ACT ("CCPA/CPRA"), AND OTHER APPLICABLE U.S. STATE AND INTERNATIONAL PRIVACY LAWS.

The Service is available only to individuals who are at least 16 years of age, or the applicable minimum age of digital consent in their jurisdiction. If you do not so qualify, do not attempt to use the Service. Kitcast Inc. may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria at any time, in its sole discretion. If you are between 16 and 18 years of age, you can browse the Sites but you will need the consent of a parent or guardian to become a registered user. It is the responsibility of parents or guardians to monitor their children's use of our Sites.

DEFINITIONS

When used in this EULA, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:

  • "Service" or "Application" means the software application for Apple TV, Android TV, Amazon Fire TV, Samsung Tizen, LG webOS, BrightSign, ChromeOS, macOS, and iOS platforms that provides a technical solution for displaying and managing digital signage content, moderated by a User.
  • "Site" or "Dashboard" or "Product page" means the web-based part of the Kitcast functionality that provides a User with information regarding Kitcast services and/or the tools for adding and managing the content to display via the Service.
  • "Add-ons" or "Extensions" means a certain combination of qualitative and quantitative characteristics of the Sites and the Service a User may choose to subscribe to for the corresponding fee.
  • "License" means your right to use all or part of the features provided by the Sites and the Service in accordance with your current subscription plan (Starter, Pro, or Enterprise), add-ons, or obtained in-app purchases.
  • "Use" or "using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Sites and the Service.
  • "Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable data protection laws including the GDPR and CCPA/CPRA.
  • "Content" means any media, text, images, videos, documents, or other materials uploaded, created, or displayed through the Service.

SUBSCRIPTION PLANS

The Service is offered under the following subscription tiers, each providing different features and capabilities:

  • Starter — includes core digital signage functionality such as media upload and playback (images, videos, audio, PDFs), playlists and scheduling, templates and basic apps, screen zones, unlimited storage, and multi-platform device support.
  • Pro — includes everything in Starter, plus advanced roles and permissions, dashboard integrations (Power BI, Tableau, etc.), web pages and live streaming, Single Sign-On with SAML, Microsoft 365 and Google Workspace integrations, CAP and emergency alerts, monitoring and alerts (health, offline, preview), API and automations, MDM control, zero-touch deployment, and audit and activity logs.
  • Enterprise — custom pricing for large-scale rollouts, including an assigned Customer Success Manager, priority support SLAs, support for large-scale rollouts, guided onboarding and team training, security review, custom invoicing, and custom contractual terms.

Current pricing, feature details, and plan comparisons are available at kitcast.tv. Kitcast Inc. reserves the right to modify the features and pricing of any subscription tier at any time, with at least 30 days' notice to existing subscribers before price changes take effect.

FREE TRIAL

Kitcast Inc. may offer free trial periods for the Starter and/or Pro subscription plans. During the free trial, you will have access to the features of the applicable plan at no charge. At the end of the free trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial expires. Kitcast Inc. reserves the right to modify, limit, or discontinue free trial offers at any time without prior notice. Free trial availability, duration, and terms may vary and will be communicated at the time of sign-up.

MODIFICATION

Kitcast Inc. reserves the right, at its sole discretion, to modify or terminate the Service or to modify this Agreement, at any time and without prior notice. If we modify the Service or this Agreement, we will post the modification on the Kitcast Inc. website (the "Site") or provide you with notice of the modification via email or in-app notification. By continuing to access or use the Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to use the modified Service and/or to be bound by the modified Agreement. If the modified Service or Agreement is not acceptable to you, your only recourse is to cease using the Service.

PERMITTED USES AND RESTRICTIONS

Kitcast Inc. as the Licensor grants You as the Licensee, a non-exclusive, non-transferable, revocable right to use the Sites and the Service under the terms of this EULA. All rights not expressly granted to a User are reserved by Kitcast Inc. and its licensors. Any User shall not:

  • Use the Service on more than one device at a time without prior purchasing of additional licenses for each device;
  • Connect a Kitcast-operated device to more than the number of screens or other video output devices permitted under the applicable license tier;
  • Remove any Kitcast Inc. trademarks;
  • Sell or resell, transfer, share, publish, or distribute licenses to any third parties without prior agreement;
  • Use the Application in violation of any applicable laws, regulations, or rules;
  • Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Application;
  • Use the Service to upload, transmit, or display any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
  • Use the Service to infringe on the intellectual property rights of others;
  • Attempt to gain unauthorized access to the Service or its related systems or networks;
  • Copy or clone ideas and compare to other services.

PAYMENT TERMS

If you have purchased any paid license to the Service, you are expressly agreeing that Kitcast Inc. is permitted to bill you the applicable fees, VAT or other applicable sales tax, and any other charges you may incur with Kitcast Inc. in connection with your use of the Sites and/or the Service, and that the fees will be billed to the credit card or payment method you provide, or through the applicable app store account, in accordance with the billing terms in effect at the time a fee or charge is due and payable.

If payment is not received or cannot be charged to your payment method for any reason in advance of the applicable subscription period, Kitcast Inc. reserves the right to either suspend or terminate your access to the Sites and/or the Service and terminate these Terms of Use.

Subscription fees are payable in U.S. Dollars and based on services purchased and not on actual usage. All fees are nonrefundable.

The Service is billed in advance on a monthly or annual basis or as an in-app purchase and is nonrefundable. No refunds or credits for partial months of service or refunds for months unused with an open account will be provided.

If you have purchased a paid subscription to the Sites and the Service, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period that you initially purchased unless you terminate your subscription prior to the next renewal period.

You acknowledge and agree that Kitcast Inc. will automatically charge your payment method for the current subscription period upon the commencement of any renewal period.

Kitcast Inc. reserves the right to change the price and/or the pricing model for subscriptions, renewals, and in-app purchases related to the Sites and the Service. You will be notified of any price changes at least 30 days before they take effect.

You will provide Kitcast Inc. with valid and updated payment information and you authorize Kitcast Inc. to charge such payment method for all purchased subscriptions and renewals or in-app purchases.

You may terminate your subscription to the Sites and the Service at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods, but any subscription fees you have paid in advance will not be refunded.

For any upgrade or downgrade in add-ons or purchases of extensions, your payment method will automatically be charged or credited the new prorated amount for the current month and the new rate will apply on your next billing cycle.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Kitcast Inc. does not accept any liability for such loss.

By using the Sites and the Service, you consent to receive electronic communications from Kitcast Inc. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Sites and Service.

These electronic communications are part of your relationship with Kitcast Inc. and you receive them as part of your subscription to the Sites and/or the Service.

You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

API AND INTEGRATIONS

Kitcast Inc. may provide access to application programming interfaces ("API") that allow Users to interact with the Service programmatically.

Use of the API is subject to this EULA and any additional API-specific terms published by Kitcast Inc.

You agree not to exceed any rate limits or usage quotas imposed on your API access.

Kitcast Inc. reserves the right to modify, suspend, or discontinue the API at any time.

Any integration with third-party services through the API is at your own risk, and Kitcast Inc. is not responsible for the availability or functionality of third-party services.

TERMINATION

If you breach any of the terms of this Agreement, Kitcast Inc. reserves the right to suspend or disable your Account or terminate this Agreement at its sole discretion and without prior notice.

Kitcast Inc. reserves the right to revoke your access to and use of the Service at any time, with or without cause.

You may cancel your Account at any time by logging into the Kitcast Inc. dashboard.

Upon any termination of this Agreement or cancellation of your Account, you must promptly destroy all originals and copies of the Kitcast Inc. Application in your possession or control and so certify in writing to Kitcast Inc. and cease any further use of the Kitcast Inc. Application and the Service.

Upon termination, Kitcast Inc. will delete or anonymize your Personal Data within 30 days, except where retention is required by applicable law or for legitimate business purposes as described in our Privacy Policy.

Content you have uploaded may be retained for up to 90 days following termination to allow for account recovery requests, after which it will be permanently deleted.

DISCLAIMERS

THE KITCAST APPLICATION AND THE SERVICE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WITHOUT LIMITING THE FOREGOING, KITCAST INC. DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

KITCAST INC. MAKES NO WARRANTY THAT THE KITCAST APPLICATION OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KITCAST INC. OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE KITCAST INC. APPLICATION AND THE SERVICE REMAINS WITH YOU.

NEITHER KITCAST INC. NOR ANY OTHER PARTY WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL), OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE KITCAST INC. APPLICATION OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KITCAST INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL KITCAST INC.'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO KITCAST INC. IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

COLLECTION AND USE OF INFORMATION

Kitcast Inc. may collect and store information regarding the use of the Application or Dashboard.

You agree that Kitcast Inc. may use such information for purposes related to operating, improving, and analyzing the use of the Service.

Collection and use of any identifying or non-identifying information are fully governed by our effective Privacy Policy.

When you sign up for the Kitcast services, you agree that Kitcast Inc. may use your email address to send you informational emails, such as news, updates, reminders, and suggestions.

You may opt out of such communications at any time using the unsubscribe mechanism provided in each email.

You agree that Kitcast Inc., in its sole discretion and with your prior consent, may use your trade names, trademarks, service marks, logos, and domain names for the purpose of advertising or publicizing your use of the Kitcast software.

You may revoke this consent at any time by notifying Kitcast Inc. in writing.

INDEMNITY

You agree to defend, indemnify, and hold Kitcast Inc., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or relating to:

(i) your use of or access to the Kitcast Inc. Application or the Service;
(ii) your breach of this Agreement;
(iii) your Content; or
(iv) your violation of applicable laws, rules or regulations in connection with your use of the Service.

PROPRIETARY RIGHTS NOTICES

All trademarks, service marks, logos, trade names and any other proprietary designations of Kitcast Inc. used herein are trademarks or registered trademarks of Kitcast Inc.

Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the arbitration taking place in Wilmington, Delaware.

The prevailing party in any arbitration shall be entitled to recover its reasonable attorneys' fees and costs.

Nothing in this section shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction.

ENTIRE AGREEMENT

This Agreement constitutes the entire and exclusive understanding and agreement between Kitcast Inc. and you regarding the Kitcast Application and the Service, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Kitcast Inc. and you regarding the Service.

SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties.

ASSIGNMENT

You may not assign or transfer this Agreement, by operation of law or otherwise, without Kitcast Inc.'s prior written consent.

Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect.

Kitcast Inc. may assign or transfer this Agreement, at its sole discretion, without restriction.

Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given:

(i) by Kitcast Inc. via email (in each case to the address that you provide),
(ii) by posting to the Site, or
(iii) by in-app notification.

For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

CONTACT INFORMATION

If you have any questions about this EULA, please contact us at support@kitcast.tv.