Thanks for using Sepad – Smart Showcase! These terms of service (“Terms“) cover your use and access to our services. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy and Acceptable Use Policy. If you are using our services for a company/organization, you’re agreeing to these Terms on behalf of that company/organization.

Sepad TV Apps
Sepad – Smart Showcase tvOS and Android TV apps (“Sepad TV Apps”), are business tools for  showcasing the “Items” of your business to general public. After signing up to our service and activation of your service (by Sepad Inc.), you will have access to Sepad Dashboard for uploading your “items” through specific forms. In order to showcase (display) these items on Sepad TV Apps, you need to login to the app via the username/password that will be furnished to you after signup and activation of your service.

These items, while in “active mode”, can be displayed automatically on the Sepad TV Apps. For this purpose, you need to install Sepad TV App(s) on your Apple TV or Android TV box, connect the box to a TV and also a broadband Internet connection and then login to the app with your username & password. After a data-sync between the app and Sepad servers, the items will be displayed automatically on the TV.

Please refer to User Guides / Manuals for full detail about using the system.

Sepad Smart-Phone/Smart-Watch Apps
Sepad – Smart Showcase iOS/Android Apps for Smart-Phones and Smart-Watches (“Sepad End-User Apps”), are apps that allow general public to discover and connect to businesses subscribed to Sepad TV Apps, for browsing, searching the catalog of items of particular shops.

When End-Users are physically present in the front of a TV showing Sepad TV Apps, they can connect to the TV and use their smart-phone or smart-watch to control Sepad TV App(s) and seeing their desired items on the big TV screen.

In future versions, the End-User Apps will send specific signals to the TV Apps for showing relevant information to end-users, even if they are not connected directly to the TV App.

Sepad Marks and Ads
Sepad Inc. services are branded. You understand and agree that Sepad Inc. logos and marks will be displayed on all TV Apps content to the general public. In addition, Sepad may include specific Slides in between your items’ slides for educational purposes. These slides are indented to educate end-users to install Sepad End-User apps and utilize it for connecting to your shop.

Third Party Ads
Third Party Ads may be displayed between the slides of FREE Sepad-Showcasing accounts. The frequency and types of these ads will vary depending on the business type, location and other factors. The paid accounts will not display any third-party ads.

Item Images and Content
You agree to respect any third-party copyright in your app content, included but not limited to item images, description and marks. Upon receipt of any infringement notice, your account will be suspended indefinitely and you will be held responsible towards the claiming party.

Confidentiality
Any content added by you or your associates into your Sepad account for displaying on the Sepad TV apps, are for the purpose of showing to the general public and are not considered as “confidential”. These contents include items, item images, item description, prices, contact information (name, email, telephone) of the listing agent, etc. You agree and understand that all the app contents are not confidential and are added for the purpose of showing to the general public.

Acceptable Use Policies
Sepad Services are business services for promoting local commerce. Although Sepad Services can be used for variety of “legal” commercial businesses, it is originally intended for the following business types:

1. Licensed Restaurants & Cafés
2. Licensed Real Estate Offices
3. Licensed Retail Shops

You are not allowed to use Sepad Services for promoting any unlawful or shady type of business. You agree to respect the laws, rules and regulations of country, state, city and neighborhood of your business location.  You agree not to use any illegal, misleading, fraudulent or hateful content and information on Sepad Apps that may put others at risk.

In case Sepad is notified about the infringement of its Acceptable Use Cases, it immediately will suspend or delete your account and may even inform the authorities upon unlawful use of Sepad tools and services.

Beta Phase Pre-Ordering and Service Activation
During the Beta Testing period of Sepad services, you need to pre-order the services. It means that the service will not be activated immediately. The activation will usually take 2-8 weeks (or more) and based on FCFS (first-come-first-served) order.

The billing cycle for pre-orders will start 1 month after the activation of the service, taking into account the first pre-order payment. Pre-Ordering will set your subscription rate to the lowest discounted rate of your selected plan.

After the Beta phase, the prices may or may not change, but our first clients who pre-orders during the beta phase will always get the best available price for their selected package.

Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, SEPAD INC. AND ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

Internet Connection
Sepad Services are Internet-based and require broadband Internet connection in order to work properly. Although Sepad has tried to limit the dependability of its services to the quality of the Internet connection, however it is your responsibility to make sure of the quality and uptime of your Internet Connection with your Internet provider. Sepad will not accept any responsibility towards the quality of your internet connection and your local network that brings the internet to the TV box.

On the other hand, the quality of the internet connection of End-Users will play an important role in the quality of the services rendered by Sepad. If the cell-network is weak, low speed and hand package lost, the connection between Sepad End-User Apps and TV Apps will be affected and it is the responsibility of the End-Users to seek good quality Internet Provider.

Quality of the Images and Videos
The images and videos that you upload through Sepad dashboard must follow certain standards in order to be displayed correctly on the Sepad apps. Sepad has provided with clear guidelines in the dashboard for this purpose. You agree that it is your responsibility to follow these guidelines for having the best possible results in the apps.

Data Usage
Sepad Services require high quality images and videos to be displayed on the big screen. Therefore you agree and understand that the apps use necessary data usage for rendering good quality service to both subscribers and end-users.

Termination
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

1. you’re in breach of these Terms,
2. you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
3. you don’t have a Paid Account and haven’t accessed our Services for 12 consecutive months.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice before termination where:

1. you’re in material breach of these Terms,
2. doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
3. we’re prohibited from doing so by law.

Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond Sepad’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.

RESELLER & AFFILIATE NETWORK
SEPAD SERVICES MAY BE SOLD THROUGH SEPAD RESELLER NETWROK. WHILE WE STRIVE TO SELECT THE RIGHT RESELLERS, AND BIND THEM BY GOOD CONDUCT CLAUSES IN THE RESELLER AGREEMENT, WE CANNOT GAURANTEE AND BE HELD RESPONSIBLE FOR THE REPRESENTATIONS AND PROMISES OF OUR RESELLERS. WE REQUIRE OUR RESELLERS TO DIRECT OUR MUTUAL CLIENTS DIRECTLY TO SEPAD WEBSITES FOR SUBSCRIPTIONS. THIS WILL PROVIDE YOU WITH A CHANCE TO KNOW AND UNDERSTAND THE SERVICE FEATURES AND TERMS OF SERVICE (INCLUDING THIS DOCUMENT). WE DO NOT AND CANNOT GUAURANTEE ANY OTHER SERVICE OR FEATURE OUTSIDE OF THE EXACT INFORMATION ON OUR WEBSITE(S).

QUALITY OF THE SERVICE
SEPAD SERVICES ARE BASED ON MULTIPLE TIERS SUCH AS YOUR INTERNET CONNECTION, END-USER INTERNET CONNECTION, SERVERS, ETC. DUE TO THE NATURE OF THIS SERVICE, INCIDIENTS MAY ARISE WHICH MAY OR MAY NOT BE OUTSIDE OF CONTROL OF SEPAD.

SEPAD INC. AND ITS AFFILIATES AND RESELLERS WON’T BE LIABLE FOR:

1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
2. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT SEPAD OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, SEPAD, ITS AFFILIATES AND RESELLERS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. SEPAD AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW, WE LIMIT OUR LIABILITY TO YOU TO 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH SEPAD.

Resolving Disputes
We want to address your concerns without needing a formal legal case. Before filing a claim against Sepad, you agree to try to resolve the dispute informally by contacting us directly through our website. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Sepad may bring a formal proceeding.

Judicial forum for disputes. You and Sepad agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Delaware. Both you and Sepad consent to venue and personal jurisdiction in such courts.

Entire Agreement
These Terms constitute the entire agreement between you and Sepad with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment
Sepad’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Sepad may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications
We may revise these Terms from time to time to better reflect:

1. changes to the law,
2. new regulatory requirements, or
3. improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account. For this purpose you agree to opt-in to Sepad Newsletter where we include news about any updates and offers. If you do not opt-in or out-out of our Newsletter, you will not be informed about the modifications to these terms, however the new terms will be applicable to our business relationship.

If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.