Terms and Conditions

Last updated: April 14, 2024

Please read these terms and conditions carefully before using Our Service.

These terms and conditions (“Terms”) outline the agreement between Flickerwall (“Flickerwall”, “Company”, “us”, “we”, “our”) and you (“you”, “your”, “customer”, “partner”) regarding your access to the Flickerwall digital signage solution (“service”) provided at flickerwall.com (“website”), app.flickerwall.com (”app”) or any Flickerwall product. Please carefully review these Terms and ensure that you understand them.

Flickerwall and the customer are collectively referred to as the “Parties” and individually as a “Party”.

By using our service, you acknowledge and accept these Terms. If you are accepting these Terms on behalf of your employer or as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer, and the same rights, limitations, and restrictions apply to your employer. You agree that these Terms are enforceable as if they were a written negotiated agreement signed by your employer. If you do not agree to these Terms, please discontinue the use of the service immediately. And raise a data deletion request at [email protected]

Definitions and interpretation

“Technology Cost” encompasses the Subscription fees or One-time setup fee paid by the Advertiser/Client/Customer/Partner/Reseller for using the Flickerwall at Digital Host Site(s). These costs may be adjusted periodically at the sole discretion of Flickerwall.
“Billing Period” denotes the duration for which the customer is billed, typically on a monthly or yearly basis.
“Contract” signifies the agreement between Flickerwall and the customer.
“Content” encompasses all data, files, documents, multimedia files, third-party links, images, videos, and any other information or material submitted by the customer in any format.
“Fee” refers to the subscription fee per display payable by the customer for the use of our services, as specified on flickerwall.com or as otherwise agreed between Flickerwall and the customer as per billing cycle.
“Hardware” denotes the customer’s computer, laptop, signage player, or other devices used to access and utilise the Service.
“Reseller” is defined as the entity, whether an individual or a company, who purchases bulk licenses, subscriptions, or associated hardware from Flickerwall with the intention of selling them rather than consuming or using them.
“White Label Reseller” shares similarities with a “Reseller” but additionally has the capability to rebrand the purchased licenses, subscriptions, or associated hardware before selling them.

Intellectual Property Rights

Customer herby agree that you give right to show your content

The parties hereby agree that Provider owns all Intellectual Property Rights and that Customer shall not acquire any Intellectual Property Rights whatsoever in respect of the Hosted Application and in all materials created or originated by Provider in connection with or related to the provision of the Service hereunder.

About us and our service

The ownership and management of the service and <flickerwall.com> lie with Vistacue Systems Private Limited, a SaaS-based company based in Pune Wadgaon Shin, India. Vistacue specializes in developing cloud-based digital signage software known as ‘Flickerwall’ for the creation of media networks for advertisements and communications (“Flickerwall”). Our service is designed for commercial use. If you are interested in utilizing our service for private, non-commercial purposes, please contact us at [email protected].

Representations, warranties, and responsibilities of Flickerwall

Flickerwall undertakes to provide Digital Signage Technology, enabling the display of Advertisement(s)/visual content(s) at specified Digital Host Sites identified by the customer.
Flickerwall will supply a pre-configured signage media player (to be procured by the customer at the specified pricing or as mutually agreed) for seamless deployment.
It is the customer’s responsibility to ensure internet connectivity according to Flickerwall’s specifications or recommendations.
Moreover, Flickerwall will extend remote support and testing services for the installation, configuration, and integration of the Flickerwall Technology with the displays/equipment at the Digital Host Site, ensuring operational readiness. Please note that the availability of this service may vary depending on the customer’s subscription package.
Additionally, Flickerwall commits to providing remote operation and maintenance support to address any technical issues related to the Flickerwall Technology.
As with installation support, the availability of this service may vary depending on the customer’s subscription package.
Flickerwall also warrants that, to the best of its knowledge, the Flickerwall does not infringe on the intellectual property rights of any third party.

Formation & Termination Of Your Contract

To use our systems, you must be at least 18 years old due to the collection of personally identifiable information.
Your contract with us starts when we send your confirmation email and continues until terminated, automatically renewing for recurring one-month periods (“Billing periods”) unless terminated by you or us following these Terms.
You have the right to terminate your contract with us at any time by providing written or email notice to the postal or email address provided in clause 18 or on our website.
We reserve the right to terminate your contract and use of our service by providing notice at any time.
Your access and use of our service may be suspended or terminated immediately upon notice to you if:
1. Third-party services and network providers discontinue making the third-party service or network available to us.
2. You fail to comply with one or more of these Terms.
3. We suspect fraudulent use, misuse, or abuse of features and functionalities of the Service (in whole or in part).
4. We have reason to believe that you provided us with false, inaccurate, or misleading information.

Upon termination of your contract, access to flickerwall.com and our service for you and any users will cease, and any content will no longer be accessible through our service. We may retain copies of your content and/or other data (including any user data) made available through our service for auditing and/or tax purposes, or as required to comply with applicable law.

Access To The Service And Support

Upon payment of the service fees, you are granted a non-exclusive, non-transferable license to access and use the service, while assuming responsibility for all user activity and being liable for breaches of these terms and conditions by users as if they were breaches committed by you.
While we strive to provide our service seamlessly, factors beyond our control, such as third-party service providers, geographic or atmospheric conditions, local physical obstructions, and the software and hardware features of your devices, may impact our ability to do so; however, we will take reasonable measures to minimize disruptions, acknowledging that some interruptions may be unavoidable.
We do not control the Network, which may undergo upgrades, modifications, maintenance work, or other amendments by its owner, potentially causing temporary unavailability of the Service; while we will make reasonable efforts to mitigate disruptions, some interruptions may be unavoidable.
While we employ industry-standard security measures to safeguard the information, data, and/or content managed by our service against loss, misuse, and alteration, it is acknowledged and agreed that complete security cannot be guaranteed, and our measures may not prevent hacks, worms, bugs, trojans, or similar devices from accessing or unauthorized viewing of such information, data, and/or content.
We reserve the right to make changes to our service, including updating, adding, removing, modifying, or varying any features or functionalities at our sole discretion. Additionally, we offer support on weekdays between 11 am and 7:30 pm Indian Standard Time (IST) throughout the duration of your contract, excluding holidays in India

Your Obligations

You acknowledge that you are solely responsible and liable for all your activities on flickerwall.com and the use of our service, including those of your users. You shall be held liable for any breach of these terms and conditions by a user as if you had breached the terms and conditions yourself. Prompt notification to us is required in the event of a breach of security or any unauthorized use of your login details. Additionally, you are responsible for ensuring that any content is not offensive, illegal, inappropriate, or in violation of any regulations.
You grant Flickerwall, and ensure that any user grants, a non-exclusive, worldwide royalty-free license to utilize the content and all other materials submitted by you or any user for the intended purpose.
You recognize that our service does not verify the rights and restrictions applicable to any content. In cases where you do not own the content, you are solely responsible for verifying the relevant license rights and restrictions.
Flickerwall shall not be held liable to you for any losses, damages, costs, or expenses incurred arising from your use of any content through our service.
You warrant and represent that you own, are licensed, or otherwise have the right to use all the intellectual property rights in any content submitted to our service.
You hereby indemnify and hold Flickerwall harmless against all damages, losses, costs, and expenses (including reasonable legal expenses) incurred or suffered by Flickerwall arising from any claim made against us by a third party relating to our use or possession of any content in accordance with these terms and conditions.
You agree, and ensure that any user agrees, to the following at all times:
1. Do not use login details to impersonate another individual.
2. Do not share login details with anyone other than authorised users.
3. Refrain from actions that may impair, interfere with, or cause harm or distress to users of Flickerwall’s service and flickerwall.com or the network.
4. Avoid using flickerwall.com and/or our service, including its content, in a way that infringes upon intellectual property rights or other rights of third parties.
5. Use any information obtained using our service and/or flickerwall.com only in accordance with these terms and conditions.
6. Adhere to all instructions and policies provided by Flickerwall regarding flickerwall.com and your use of our service.
7. Cooperate with any reasonable security checks or requests for information made by Flickerwall.
8. Understand that the use of information provided through our service and on flickerwall.com is at your own risk.

Flickerwall Fees & Payment

Billing Frequency: All fees are invoiced monthly, annually or agreed frequency based on the number of displays and the agreed package plan on flickerwall.com.
Invoicing includes all displays linked to a Flickerwall account, whether offline or online.
Invoices are generated on the last day of the month and adjusted monthly for additional displays on a pro-rata basis or per agreed terms.
Invoices are sent exclusively via email to the registered email at flickerwall.com, with the option to update it by contacting us at [email protected]
Refunds: Fees are non-refundable unless agreed otherwise in writing by Flickerwall.
Tax Information: All fees are exclusive of GST or other applicable sales tax, which will be added at the applicable rate.

Exclusion of Warranties and Limitation of Liability

You hereby warrant that:
1. All users are at least 18 years old,
2. You have the right and capacity to enter into and be bound by these terms and conditions and,
3. You shall comply with all applicable laws regarding the use of our service.
Our service is intended for viewing content on displays and should not serve as a backup facility; you must have adequate backup facilities for content to avoid liability for any losses or damages.
We may utilize compression techniques to relay content on screens, potentially reducing image quality.
Links to third-party websites on flickerwall.com are not our responsibility, and we accept no liability for their availability, suitability, reliability, or content. Additionally, we shall not be held liable for delays or failures in service caused by third parties, including internet service providers and data centers. All warranties, representations, guarantees, conditions, and terms other than those expressly set out herein are excluded to the fullest extent permissible by law.
Flickerwall is not liable for any damages that may occur to you as a result of your misuse of our services.

Data Ownership

You own all the Data you provide or use with the Services, and you’re solely responsible for its legality, reliability, integrity, accuracy, quality, and use.
Flickerwall can use anonymized Data to enhance the Services. You give Flickerwall a non-exclusive worldwide license to use, copy, distribute, publish, adapt, and translate the Data for the Services. This includes allowing subcontractors mentioned in the Data Processing Addendum to use the Data.

Confidentiality

Each party (the “Receiving Party”) agrees to keep confidential all information and documentation disclosed by the other party (the “Disclosing Party”) or of which the Receiving Party becomes aware, relating to operations, products, processes, trade secrets, or the business of the Disclosing Party, identified as confidential (“Confidential Information”).
The Receiving Party shall not use Confidential Information for any purpose other than performing its obligations under these terms and conditions or improving the performance of our service.
The Receiving Party can only share Confidential Information with its employees and subcontractors as needed for their duties. Prior written consent from the Disclosing Party is required before sharing with any third party.
These rules don’t apply to Confidential Information that: is already public, is given without restriction by a third party, or is required by law or regulations. In such cases, the Receiving Party must notify the Disclosing Party promptly.

General

Failure to enforce strict performance of obligations or exercise rights does not waive them or relieve compliance.
You must adhere to the law of the land and regulations while using our service.
Neither party is liable for delays due to circumstances beyond reasonable control, provided efforts are made to mitigate them.
Waiver of any default does not waive subsequent defaults.
Any waiver by us must be expressly stated in writing to be effective.
All notifications and communications should be sent in writing at [email protected]
If any terms or conditions are deemed invalid, unlawful, or unenforceable, they will be severed to the extent necessary, while the remaining provisions continue to be valid.
Your contract constitutes the entire agreement between you and us, superseding any prior agreements, whether oral or written.
You acknowledge not relying on any representations or promises not expressly stated in these terms and conditions.
We reserve the right to amend these terms with reasonable notice via [email protected]. Your continued use implies acceptance of any changes.

Applicable law

By using our services, you agree that the laws of India, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between flickerwall and you, or our business partners and associates.

Disputes

Any dispute related to your use of our service or products purchased from us shall be arbitrated by the state or apex court of India, with exclusive jurisdiction and venue of such courts, specifically the courts in High Court of Bangalore, Karnataka, India

Contact Us

For any inquiries or concerns, please reach out to us at [email protected]