By accessing or using SmartPanel ("the Service"), operated by SmartPanel Technologies, Inc. ("we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Service.
You must be at least 18 years of age to use this Service. By accepting these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
SmartPanel is currently in a closed beta period. During this period, access to the Service is provided free of charge to approved beta participants. We reserve the right to:
When paid services become available, continued use will require a paid subscription. You will be notified at least 30 days in advance of any transition from free to paid services.
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to immediately notify us of any unauthorized access or use of your account.
Each user account is personal and non-transferable. You may not share your account credentials with others. Organization accounts ("Companies") may have multiple authorized users managed by the account owner.
You agree not to:
The Service, including its software, design, logos, and documentation, is owned by SmartPanel Technologies, Inc. and protected by intellectual property laws. Nothing in these Terms grants you ownership of the Service.
You retain ownership of all content you create, upload, or manage through the Service ("Your Content"), including graphics, control configurations, rundown data, and media assets. We claim no ownership over Your Content.
You grant us a limited, non-exclusive license to host, store, transmit, and display Your Content solely for the purpose of providing the Service to you.
The Service integrates with third-party tools and services (e.g., broadcast software, streaming platforms, graphics engines). We are not responsible for the availability, accuracy, or functionality of third-party services. Your use of third-party integrations is subject to those services' own terms and policies.
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
During the beta period, the Service may contain bugs, errors, or incomplete features. We do not guarantee uptime, data integrity, or feature availability during beta. Beta features may change or be removed without notice.
SmartPanel is designed for use in live broadcast and production environments. We are not liable for broadcast interruptions, missed cues, lost ad revenue, show downtime, or any damages resulting from Service outages or errors during live productions.Users are responsible for maintaining backup systems and contingency plans for mission-critical broadcasts.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED $10 USD DURING THE BETA PERIOD, OR THE GREATER OF (A) THE FEES YOU PAID IN THE PRIOR 12 MONTHS OR (B) $100 USD AFTER COMMERCIAL LAUNCH.
This limitation does not apply to liability arising from gross negligence or willful misconduct.
Either party may terminate this agreement at any time. We may suspend or terminate your access if you violate these Terms. Upon termination, you may request export of Your Content within 30 days.
If we terminate a paid account without cause after the beta period, you will receive a prorated refund for the remainder of your billing period.
We may update these Terms from time to time. We will notify you of material changes via email or in-app notification at least 15 days before they take effect. Continued use of the Service after changes constitutes acceptance.
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration administered by a mutually agreed arbitration body, unless otherwise required by applicable law.
For users subject to the European Union General Data Protection Regulation (GDPR) or similar data protection laws, a Data Processing Agreement (DPA) may be made available upon request. Contact us for details.
For questions about these Terms, contact us at: legal@smartpanelapp.com