Terms of Service | Topaz Media

1. Acceptance of Terms

By accessing or using Topaz Media ("the Service"), you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Service Description

Topaz Media provides a cloud-based digital signage platform that allows users to create, manage, and display content on connected screens. The Service is provided "as is" and "as available" without warranties of any kind.

3. User Responsibility for Content

Topaz Media provides neutral infrastructure. We do not host, control, or monitor the content users display or link through the platform.

All content uploaded, streamed, or managed via the system is the sole responsibility of the user.
Users must ensure they have all necessary rights and comply with applicable laws in their jurisdiction.
Users agree not to use the Service to violate copyright, licensing terms, or third-party rights.
Any external tools or automations used with the Service (e.g., downloading, media conversion) are initiated and managed by the user. Topaz Media disclaims all liability arising from their use.

4. User-Submitted URLs and Content

By submitting URLs or content to the Service, you represent and warrant that:

You have the necessary rights or permissions to use, display, and distribute the content.
The content does not infringe upon intellectual property rights, privacy rights, or any other legal rights of third parties.
The content does not violate any third-party Terms of Service, including prohibitions on scraping or redistribution.

The Service may automatically cache or transcode content from provided URLs for playback purposes. By submitting a URL, you authorize this processing.

5. Copyright and DMCA Compliance

We respect intellectual property rights. If you believe content on the Service infringes your copyright, send a DMCA takedown notice to:

Email: contact@topaz.media

Your notice must include:

Identification of the copyrighted work claimed to be infringed.
Identification of the material claimed to be infringing, with enough detail for us to locate it.
Your contact information (address, phone, email).
A statement that you have a good faith belief the use is not authorized by the copyright owner.
A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
Your electronic or physical signature.

6. Third-Party Content

You may incorporate content from third-party platforms (YouTube, Pixabay, TikTok, etc.). You are solely responsible for:

Complying with each platform's terms of service and licensing policies.
Ensuring you have the necessary rights, licenses, or permissions to use, display, and distribute such content.
Providing required attribution as specified by the platform.

Topaz Media does not own or control third-party content and makes no representations about its accuracy, legality, or availability.

7. AI-Powered Features

The Service may include AI-powered features (e.g., AI image generation). Your use of these features is entirely optional and at your own risk.

AI features are provided "as is" without any warranty. You are solely responsible for evaluating the accuracy, legality, and suitability of any AI-generated output before using it.
AI-generated output is owned by you, to the extent permitted by law. You grant Topaz Media a non-exclusive, royalty-free license to use the output solely to operate, maintain, and improve the Service.
Topaz Media does not use your content or data to train AI models for third parties.
Due to the nature of AI, similar or identical output may be generated for other users and does not grant you exclusive rights.
Topaz Media makes no warranty that AI-generated output is accurate, unique, or non-infringing, and disclaims all liability for third-party claims arising from your use of such output.

8. Limitation of Liability

To the maximum extent permitted by law, Topaz Media and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunity, arising out of or related to your use of the Service.

Our total liability for any claim arising from the Service shall not exceed the amount you paid us (if any) in the 12 months preceding the claim.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.

10. Indemnification

You agree to indemnify, defend, and hold harmless Topaz Media, its operators, affiliates, and agents from any claims, damages, losses, and expenses (including legal fees) arising out of:

The content you submit or display using the Service.
Your violation of these Terms or applicable laws.
Your violation of any third-party rights, including copyright or privacy.

11. Account Suspension and Termination

We reserve the right to suspend or terminate your account at our sole discretion if we believe you have violated these Terms or applicable law. We will provide notice and an opportunity to respond when reasonably possible.

12. Governing Law

These Terms shall be governed by the laws of England and Wales. Any disputes shall be resolved through the courts of England and Wales. If you are a consumer in the European Economic Area, you may also access your local consumer protection authority.

13. Data Processing

To the extent we process personal data on your behalf when you use the Service, the terms of the Data Processing Addendum (DPA) apply and are incorporated into these Terms.

14. Changes to Terms

We may update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the updated Terms. We will notify registered users of material changes via email or platform notice.

15. Contact

For questions about these Terms, please contact us at contact@topaz.media.