1. Parties
The Service is provided by SIA "Macovel", a limited liability company registered in Latvia (reg. no. 40203046496, VAT no. LV40203046496), with registered office at Buru iela 1, Rīga, LV-1004, Latvia ("we", "us", or "Macovel"). "You" means the natural or legal person agreeing to these Terms. If you act on behalf of a company or other entity, you represent that you are authorised to bind that entity, and "you" then refers to that entity.
2. Definitions
- Account — a personal user record created on the Service.
- Workspace — a tenant under which displays, content, playlists, members, and billing live.
- Customer Content — any media, text, URL, or other material you or your workspace members upload, link to, or display through the Service.
- Display — a screen or browser endpoint to which the Service streams Customer Content.
- Subscription Plan — the tier (Starter, Pro, Plus, Enterprise) selected for a workspace, which determines quotas and price.
3. Account & Eligibility
You must be at least 18 years old and capable of forming a binding contract under Latvian law. You agree to provide accurate, current, and complete information when you register and to keep it up to date. You are responsible for safeguarding your credentials and for all activity on your Account. Notify us immediately of any unauthorised access.
4. The Service
The Service allows you to upload, organise, and broadcast Customer Content to internet-connected screens via public slug-addressable URLs, manage playlists and schedules, and administer your workspace. Features and quotas depend on your Subscription Plan and may change as the Service evolves.
We may modify, suspend, or discontinue features at any time. We will give reasonable advance notice of material adverse changes affecting an active paid subscription.
5. Acceptable Use
You must not, and must not permit others to:
- upload, link to, or display content that is unlawful, defamatory, obscene, hateful, harassing, or that infringes any third-party intellectual-property, privacy, or publicity right;
- upload or distribute content classified as Child Sexual Abuse Material (CSAM), terrorist content under Regulation (EU) 2021/784, or content that constitutes a criminal offence under Latvian or EU law;
- use the Service to send unsolicited commercial communications ("spam"), distribute malware, or perform phishing;
- infringe the privacy of others — including by displaying personal data without a lawful basis under the GDPR;
- interfere with, probe, or attempt to circumvent the security, integrity, or availability of the Service (including DoS, brute-force, or scraping);
- reverse-engineer, decompile, or attempt to extract source code, save where this right is granted by mandatory law;
- resell, sublicense, or white-label the Service without our prior written consent;
- use the Service to violate any applicable law, regulation, sanction regime, or court order.
We may, at our sole discretion and to the extent permitted by law, remove Customer Content, suspend or terminate Accounts, and report unlawful activity to the competent authorities. We have no general obligation to monitor content, and your right to free expression is respected within the limits of these Terms and applicable law.
6. Customer Content & Licence
You retain all ownership rights and intellectual-property rights in your Customer Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, copy, transmit, encode, transcode, cache, format-shift, reproduce, and display Customer Content solely to the extent necessary to provide the Service to you and your authorised users. This licence terminates when you delete the Customer Content or close your Account, except for retention in backups for up to 35 days and where retention is required by law.
You represent and warrant that you have all rights, consents, and licences required to upload, broadcast, and display Customer Content via the Service, and that doing so does not infringe any third-party right or breach any law.
7. Our Intellectual Property
The Service, including its software, design, brand assets, and trade marks, is and remains the property of SIA "Macovel" and its licensors. Except for the limited right to use the Service in accordance with these Terms, no rights, titles, or licences are granted to you. The names "Ofemy", "Ofemy Signage", "Macovel" and our logos are trade marks of SIA "Macovel"; you may not use them without our prior written consent, save for factual reference.
8. Fees, Taxes, Billing
Paid Subscription Plans are charged in advance on a recurring basis (monthly or annual, as selected). Prices are listed on the pricing page in EUR and are exclusive of VAT and other taxes, which are added at the applicable rate at the time of invoicing. For B2B customers established in the EU outside Latvia with a valid VAT number, the reverse-charge mechanism applies. For consumers and customers outside the EU, applicable indirect taxes are charged where required.
You are responsible for keeping your billing details current. Failed payments may result in service suspension until the outstanding amount is paid; we will notify you before suspension.
9. Trials, Cancellation & Refunds
Where we offer a free tier or trial, you may use it subject to its stated terms and quotas. We may modify or discontinue free offerings at any time. You can cancel a paid subscription at any time from your workspace settings; cancellation takes effect at the end of the current billing period and your workspace will revert to the free tier or be archived per Section 12.
Consumer right of withdrawal. If you are a consumer in the EU, you have a statutory 14-day right of withdrawal from a paid subscription under Directive 2011/83/EU and the Latvian Consumer Rights Protection Law. By starting to use the Service during this period, you expressly request immediate performance and acknowledge that you lose the right of withdrawal once we have fully performed the contract (Article 16(a) Directive 2011/83/EU). For partial performance, you owe a proportionate amount. The withdrawal does not apply to B2B customers.
Outside the statutory withdrawal right and except where required by law, fees already paid are non-refundable. We may issue pro-rata refunds at our sole discretion.
10. Availability & Support
We make commercially reasonable efforts to keep the Service available 24×7, but do not guarantee uninterrupted operation. Planned maintenance is announced in advance where practicable. Custom service- level commitments (uptime, response, escalation) are only available on the Enterprise plan under a separately agreed Service-Level Agreement.
11. Privacy & Data Protection
Our processing of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. Where we process personal data on your behalf (i.e. you are the controller and we are the processor under Article 28 GDPR), a Data Processing Agreement applies; a current version is available on request and is automatically incorporated into these Terms for customers acting in that capacity.
12. Suspension & Termination
We may suspend or terminate your access to the Service immediately if (a) you materially breach these Terms, (b) we are required to do so by law, court order, or competent authority, (c) your use poses a security, legal, or reputational risk to us or other users, or (d) you fail to pay fees after notice and a reasonable cure period. You may terminate at any time by closing your workspace; closure ends your right to use the Service but does not entitle you to a refund except as required by law.
On termination, you may export your Customer Content for a reasonable period (at least 30 days), after which we may delete it. Sections that by their nature should survive termination (including Sections 6, 7, 13–17) will do so.
13. Disclaimer of Warranties
To the maximum extent permitted by law, 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, non-infringement, accuracy, or that the Service will be uninterrupted, error-free, or secure. Mandatory consumer warranties under Latvian and EU law are not affected.
14. Limitation of Liability
To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), statutory duty, or otherwise, is limited to the greater of (a) the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim, or (b) EUR 100.
Neither party is liable for loss of profit, revenue, goodwill, anticipated savings, data, or for any indirect, special, consequential, or punitive damages. Nothing in these Terms limits liability for (i) death or personal injury caused by negligence, (ii) wilful misconduct or gross negligence, (iii) fraud or fraudulent misrepresentation, or (iv) any liability that cannot be limited or excluded under mandatory law.
15. Indemnification
You agree to indemnify and hold us harmless from any third-party claim, demand, loss, or damage (including reasonable legal fees) arising out of your Customer Content, your breach of these Terms, or your violation of any law or third-party right. This clause does not apply to consumers to the extent Latvian or EU law restricts it.
16. Confidentiality
Each party agrees to keep confidential any non-public information of the other party marked or reasonably understood to be confidential, and to use it only for purposes of the Service. This obligation survives termination for 3 years.
17. Changes to these Terms
We may update these Terms from time to time. We will notify you by email or via an in-app notice at least 14 days before material changes take effect. If you do not agree, you may terminate your subscription before the new Terms take effect. Continued use after the effective date constitutes acceptance.
18. Governing Law & Jurisdiction
These Terms are governed by the laws of the Republic of Latvia, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. Disputes shall be resolved exclusively by the competent courts of Rīga, Latvia, save that consumers may also bring proceedings in the courts of their EU/EEA country of residence as required by Regulation (EU) 1215/2012.
Consumers in the EU may use the European Commission's online dispute resolution platform under Regulation (EU) 524/2013 at ec.europa.eu/consumers/odr. We are not obliged and do not commit to participate in alternative dispute resolution proceedings.
19. Miscellaneous
- Entire agreement. These Terms, the Privacy Policy, and any DPA or order form constitute the entire agreement between us regarding the Service and supersede any prior arrangement.
- Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be replaced by a valid one closest in intent.
- No waiver. Failure to enforce a provision is not a waiver of the right to do so later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or successor in connection with a merger, acquisition, or reorganisation.
- Force majeure. Neither party is liable for failures caused by events beyond its reasonable control (e.g. internet outages, natural disasters, war, strikes, governmental orders).
- Notices. Notices to us must be sent to info@ofemy.com. Notices to you will be sent to the email associated with your Account.
- Language. These Terms are originally drafted in English. If we provide a translation, the English version prevails in case of conflict, save where mandatory consumer law requires otherwise.
20. Contact
Questions about these Terms? Email info@ofemy.com or write to SIA "Macovel", Buru iela 1, Rīga, LV-1004, Latvia.