Terms of Use
Effective Date: December 1, 2024
This Terms of Use Agreement (“Agreement”) governs the use of the ShowDayPro platform, its software services, and hardware rental offerings (collectively, “Services”). By using the Services, you (“Client” or “Customer”) agree to comply with and be bound by these terms.
1. Services Provided
ShowDayPro offers software and hardware solutions designed to streamline on-site event management. The software includes, but is not limited to, features for attendee check-in, badge printing, session tracking, and digital signage. Our hardware rental services offer event organizers access to necessary equipment, including kiosks, printers, and connectivity devices.
2. Subscription & Licensing
- Software Subscription: Access to the ShowDayPro platform is provided via subscription. Subscription options include single-event licenses and annual unlimited subscriptions. Single-event licenses are valid for one event with a duration of seven consecutive days or less, and must be used within one year of purchase. Annual subscriptions are valid for one year from the date of purchase.
- License Usage: Licenses are non-refundable, non-transferable, and limited to the named organization on the order. Features and add-ons are not transferable between organizations.
- Payment Terms: Full payment is due within five (5) business days upon receipt of the invoice. Failure to pay may result in service interruption. All payments are non-refundable. Clients must pay the full amount before the event.
- Unlimited Attendees: With ShowDayPro’s subscription model, clients are granted the ability to manage events with an unlimited number of attendees. However, in the event that a specific event causes significant strain on platform performance, or requires ShowDayPro to scale capacity to maintain service quality for other clients, we reserve the right to pass on any additional costs associated with accommodating such events.
- Service Impact & Potential Suspension: Should an event cause a negative impact on the usability of the platform for other users, or result in ShowDayPro needing to increase capacity or resources, we may:
- Charge the event organizer for the additional costs incurred to maintain platform performance.
- Temporarily suspend or restrict the organizer’s service until the issue is resolved, if deemed necessary to maintain the integrity of the platform for all users.
- By using ShowDayPro, you agree that in such cases, we reserve the right to adjust pricing or temporarily suspend services as outlined to ensure that platform resources are fairly distributed and that service levels are maintained for all clients.
3. Hardware Rentals
- Rental Duration: Rentals are for seven days, including weekends, beginning on the scheduled day of arrival. Extended rental periods must be requested and paid for in advance. Additional days requested will automatically be added to the invoice.
- Payment: A 50% deposit is required to secure the equipment. Final payment is due no later than 30 days before the event. ShowDayPro reserves the right to cancel the order if payment is not received on time.
- Condition of Equipment: Clients are responsible for inspecting the rental equipment upon arrival and reporting any defects or missing items. The rental equipment must be returned in the same condition it was provided, or clients will be charged for necessary repairs or replacements.
4. Connectivity & Network Requirements
- The rented equipment requires specific network connectivity. A dedicated wired Ethernet line (3 Mbps or higher) or an equivalent number of static public IP addresses may be necessary. Rental includes a 5G SIM card with 3GB of data; additional data usage is charged at $30 per GB.
5. Confidentiality
Both parties may access confidential or proprietary information during the term of this Agreement. Each party agrees to protect and use such information only for the purposes of fulfilling their obligations under this Agreement.
6. Intellectual Property
ShowDayPro retains all rights to its intellectual property, including but not limited to the platform’s software, hardware configurations, and branding. Clients are granted a non-transferable, non-exclusive license to use the software for event management purposes only.
7. Responsibilities and Restrictions
Clients agree to:
- Use the software and hardware only as intended and per the instructions provided.
- Not modify, copy, or distribute the software without prior written permission from ShowDayPro.
- Maintain the equipment in good condition and notify ShowDayPro of any damage or loss.
Clients may not:
- Remove or alter labels on rented devices.
- Use rented equipment for purposes other than those specified in this Agreement.
8. Loss, Damage, and Insurance
- Clients are fully liable for any damage or loss of rented equipment. If the equipment is returned in damaged condition, the client is responsible for repair or replacement costs. ShowDayPro is not liable for any third-party damages resulting from the use of rented devices.
9. Term & Termination
- Termination: Either party may terminate this Agreement in the event of a material breach. The breaching party has 30 days to cure the breach. If ShowDayPro terminates due to the client’s breach, the client must pay for services provided up until termination.
- Cancellation: Software licenses are non-refundable and non-transferrable. Clients may cancel their hardware rental with no penalty up to two weeks before the scheduled shipment date. Cancellations within two weeks incur a 50% cancellation fee. No refund is issued for cancellations within 72 hours of the rental start date, or after the equipment has shipped, whichever comes first.
10. Limitation of Liability
ShowDayPro is not responsible for any indirect, incidental, or consequential damages arising from the use of its services or equipment. The total liability of ShowDayPro for any claim shall not exceed the amount paid by the client for the specific service or rental that gave rise to the claim.
11. Indemnification
Clients agree to indemnify and hold harmless ShowDayPro from any third-party claims, losses, or damages arising from their use of the services, including the rented equipment, or from any breach of this Agreement.
12. Miscellaneous
- Governing Law: This Agreement is governed by the laws of Illinois, and any disputes will be resolved in Illinois courts.
- Modification: Any changes to this Agreement must be made in writing and signed by both parties.
- Severability: If any provision of this Agreement is deemed invalid, the remaining provisions will continue in full effect.
- Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions or agreements.