These Terms of Service (the Terms) are a binding agreement between Febeleven Pty Ltd (ABN 69 661 429 956), trading as Paveo, of 15 Cochranes Road, Moorabbin VIC 3189, Australia (Paveo, we, us, our) and the business or organisation that creates a Paveo TV account (you, your). They govern your use of the Paveo TV service: the Paveo TV application for television devices (the App), the website and customer portal at paveotv.com (the Portal), our servers and delivery systems, and every related feature, including AI offers (together, the Service).
By creating an account, installing the App, activating a screen or otherwise using the Service, you accept these Terms and our Privacy Policy, which forms part of them. If you do not agree, do not use the Service. If you accept on behalf of a business, you warrant that you are authorised to bind it.
Business use only. The Service is supplied to businesses, organisations and sole traders for displaying content on screens they control. It is not offered to consumers for personal, domestic or household use. Where a consumer protection law nonetheless applies to you, nothing in these Terms excludes, restricts or modifies any right or guarantee that cannot lawfully be excluded, and section 13 explains how these Terms work alongside those rights.
1. Definitions
- Account: the Paveo TV customer account created for your business, and every user login under it.
- Screen: a television or display device on which the App has been activated against your Account.
- Content: pictures, videos, text, web page addresses, programs, schedules and any other material you upload to, generate in, link from or display through the Service.
- Generated Pictures: images produced by the AI offers feature from the descriptions and reference material you provide.
- Subscription: the paid monthly plan for the Service, billed per Screen as described in section 4.
- Fees: the amounts payable for the Subscription, as shown on paveotv.com and in the Portal at the time you subscribe or add a Screen.
- Device Platform: Android TV, Google TV, Fire OS or any other operating system or app store through which the App is obtained or runs.
- Australian Consumer Law or ACL: Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2. The Service
Paveo TV lets you show your own Content on Screens that you supply, own or lawfully control. You install the App on a compatible device, activate it from your Account with the code the App shows, and manage what the Screen displays from the Portal. The App measures the screen it runs on so Content can be fitted to it.
- We do not supply hardware. We do not sell, supply, install, configure, repair or support televisions, streaming devices, mounts, cabling, power or internet connections. Those are your responsibility and are subject to their own manufacturers' terms.
- Compatibility is as published. The App is designed for the Device Platforms listed on our Supported devices page. We do not promise that it works on any other device, or on future versions of a Device Platform that its maker changes. Behaviour that depends on the device, such as starting the App automatically after power-on, sleep timers, HDMI input selection and app store updates, is controlled by the device and its platform, not by us.
- Internet dependence. The Service needs an internet connection at the Screen and at the browser you manage it from. Screens keep showing their last downloaded Content when the connection drops, but changes, schedules that depend on the current time, web page items and activation all need connectivity.
- Features change. We may add, change, limit or withdraw features of the Service at any time. We will give reasonable notice of a change that materially reduces the Service, and you may cancel under section 10 if you do not accept it.
- Beta features. Features identified as beta, preview, experimental or similar are provided for evaluation, may be changed or withdrawn without notice, and are supplied without any warranty beyond those that cannot be excluded by law.
3. Your account and users
- Accuracy. You must provide true, current and complete details when you create the Account and keep them up to date, including a working email address and a valid payment method.
- Eligibility. The person creating the Account must be at least 18 years old and authorised to bind the business for which it is created.
- Security. You are responsible for keeping every login, password and two-step code confidential and for everything done under your Account, whether or not you authorised it, until you tell us at support@paveotv.com that your Account has been compromised. We recommend turning on two-step verification in Settings.
- Users. You may create logins for your staff. You are responsible for them, for ensuring they comply with these Terms, and for removing their access when they leave.
- Screen activation codes. Activation codes identify a Screen that is waiting to be added to an Account. You must only activate Screens that you own or are authorised to control. Activating someone else's Screen, or attempting to guess activation codes, is a breach of these Terms and may be a criminal offence.
- One business per Account. You may not resell, sublicense, share or make the Service available to third parties as a service bureau, managed service or white-label offering without our written agreement.
4. Subscription, trial, fees and payment
- Per-screen pricing. The Service is sold as a monthly Subscription. The Fee is charged per active Screen, at the price shown on paveotv.com and in the Portal when you subscribe or add a Screen. Prices are in Australian dollars unless the Portal states otherwise.
- Free trial. Your first Screen starts a 14-day free trial from the moment it is activated. A valid payment card is required to start the trial. Unless you remove the Screen or cancel before the trial ends, the Subscription begins automatically at the end of the trial and the card is charged. Only one trial is available per business; we may refuse or end a trial where we reasonably believe the trial is being used to avoid paying.
- Adding and removing Screens. Each additional Screen adds one unit to your Subscription from the day it is activated, charged pro rata for the remainder of the current billing period. Removing a Screen reduces the Subscription from the next billing period; we do not refund the remainder of a period already paid, except as the law requires.
- Billing period and renewal. Subscriptions renew automatically every month until cancelled. You authorise us and our payment processor to charge your nominated card for all Fees, taxes and applicable charges when they fall due, and to retry failed charges.
- Payment processor. Payments are processed by Stripe. We do not hold your full card details. Stripe's own terms and privacy policy apply to its processing of your payment.
- Taxes. Fees are stated exclusive of taxes unless the Portal states otherwise. Where goods and services tax, value added tax, sales tax or a similar tax applies to a supply under these Terms, you must pay that tax in addition to the Fees, and it will be shown at checkout and on your invoice where we are required to collect it. You are responsible for any tax that we are not required to collect.
- Failed payments. If a charge fails we will retry it and notify you by email. Your Screens keep playing while we retry. If payment remains outstanding, we may suspend the Service: your Screens will show a notice instead of your Content until the overdue amount is paid, and we may cancel the Subscription after a further period of non-payment. You remain liable for Fees accrued up to cancellation.
- Price changes. We may change Fees by giving you at least 30 days' notice by email or in the Portal. A change takes effect at your next billing period after the notice period. If you do not accept the new price you may cancel before it takes effect; continuing to use the Service after it takes effect is acceptance.
- No refunds. Except where these Terms or the law say otherwise, all Fees are non-refundable and there are no refunds or credits for partial months, unused Screens, Screens that are offline, or periods during which you did not use the Service.
- Disputes. If you believe a charge is wrong, tell us at support@paveotv.com within 30 days of the invoice and we will investigate in good faith. Please contact us before raising a chargeback; a chargeback raised without first giving us a reasonable opportunity to resolve the matter may result in suspension of your Account.
- Fair use. The Subscription includes storage, delivery and the AI offers allowance in quantities reasonable for a business sign. We may impose limits, including on file size, number of files, generated pictures per month and request rates, and may charge for or refuse use that exceeds them.
5. Your Content
- You own it. As between you and us, you own your Content. These Terms do not transfer any of your intellectual property to us.
- Licence to us. You grant Paveo and its service providers a worldwide, non-exclusive, royalty-free licence to host, store, copy, transcode, resize, cache, transmit and display your Content, and to make derivative versions of it (for example a text layer baked into a picture, or a copy sized for a particular Screen), solely to provide, maintain, secure and improve the Service and as otherwise permitted by the Privacy Policy. This licence ends when you delete the Content or close your Account, except for copies kept in backups for a limited period and copies we must retain by law.
- Your warranties. You warrant that you own or have all rights, licences, consents and permissions needed for the Content and for its display in the places and manner you display it, including copyright, trade mark, music, performer and image rights and any required council, landlord or venue permissions; that the Content is accurate and not misleading; and that your use of the Service complies with all laws that apply to you and to each place where a Screen is located, including advertising, consumer protection, privacy, liquor, gambling, health, tobacco, pharmaceutical and signage laws.
- Prohibited Content. You must not upload, generate, link to or display Content that is unlawful; infringes anyone's rights; is defamatory, obscene, pornographic or sexually explicit; is hateful, harassing or discriminatory; depicts or promotes violence, self-harm or illegal activity; is harmful to minors; contains malware or code intended to interfere with any system; or is deceptive, including impersonation of any person or organisation.
- Web page items. Where you add a web page address to be shown on a Screen, you are responsible for having the right to display that page, for its content and availability, and for complying with that site's terms. We do not control, monitor or endorse third-party pages.
- Monitoring and removal. We are not obliged to monitor Content, but we may review it and may remove, refuse or disable Content, and suspend or terminate an Account, that we reasonably believe breaches these Terms, the law or a third party's rights, or that exposes us to liability. We will notify you where it is lawful and practical to do so. Rights holders may report infringing Content to support@paveotv.com.
- Backups. The Service is not a storage or backup service. Keep your own copies of your Content. We are not responsible for Content that is lost, corrupted or unavailable.
- Feedback. If you give us suggestions or feedback, we may use them without restriction or payment.
6. Acceptable use
You must not, and must not allow anyone else to:
- use the Service for any purpose that is unlawful, or in a way that breaches these Terms or the terms of a Device Platform or app store;
- copy, modify, translate, reverse engineer, decompile, disassemble or create derivative works of the App, the Portal or any part of the Service, except to the extent a law expressly allows it despite this clause;
- remove or alter any proprietary notice, or use our trade marks, branding or domain names without our written permission;
- access the Service by any means other than the interfaces we provide, or scrape, crawl, probe or load-test it;
- interfere with or disrupt the Service, our systems or networks, or attempt to gain unauthorised access to any account, Screen, system or data;
- introduce viruses, malware or harmful code, or use the Service to send spam or unsolicited communications;
- circumvent any usage limit, security measure, billing mechanism or trial restriction, including by creating multiple accounts;
- use the Service to build or benchmark a competing product, or to train machine-learning systems on the Service or its output without our written consent;
- sell, rent, lease, sublicense, assign or otherwise make the Service available to third parties except as these Terms allow.
7. AI offers and Generated Pictures
- How it works. The AI offers feature produces Generated Pictures from the description, options and any reference photo you provide. Your inputs are processed by a third-party artificial intelligence provider acting on our behalf, under contractual confidentiality and data-processing terms. We do not disclose which provider or model is used and may change them at any time.
- Allowance. Each Account has a monthly allowance of Generated Pictures, published on paveotv.com. Unused allowance does not carry over. We may change the allowance with notice under section 4.
- Your inputs. You are responsible for your inputs. You must not provide inputs that are unlawful, infringe others' rights, include personal information about people who have not consented, or seek to generate Prohibited Content. The feature may refuse or filter requests.
- Ownership and licence. To the extent permitted by law and by our provider's terms, we assign to you any rights we hold in Generated Pictures created from your inputs, and you may use them for your business signage and marketing. You acknowledge that generative output may not be protected by copyright in some countries, that similar or identical output may be produced for other users, and that we make no promise of exclusivity.
- Check before you show it. Generated Pictures are produced automatically and may be inaccurate, misleading, offensive or infringing despite our safeguards. They may contain text, prices, claims or likenesses that you did not intend. You must review every Generated Picture before displaying it and you are solely responsible for what you choose to display. Generated Pictures are provided “as is” and we give no warranty about their accuracy, quality, originality or fitness for a particular purpose beyond warranties that cannot be excluded by law.
8. Our intellectual property
- The Service, including the App, the Portal, our software, designs, text, graphics, logos, trade marks, trade names, databases and all improvements, is owned by Paveo or its licensors and is protected by intellectual property laws. Apart from the limited rights expressly granted in these Terms, we reserve all rights.
- Licence to you. For the term of your Subscription, and subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to install the App on Screens you control and to use the Portal to manage them, for your internal business purposes.
- App stores. The App is distributed through Google Play and the Amazon Appstore. Your use of the App is also subject to the applicable store's terms. The store operator is not a party to these Terms, has no obligation to provide support or maintenance for the App, and is not responsible for any claim relating to the App; that responsibility lies with Paveo, to the extent set out in these Terms.
- Third-party software. The App and Portal include open-source and third-party components that are licensed under their own terms, which take precedence over these Terms for those components.
9. Privacy, data and security
- Our Privacy Policy explains what information we collect, including details each Screen reports about itself, and how we use and protect it. By using the Service you agree to the handling described there.
- Your obligations. Where your Content includes personal information about other people (for example, a photo of a customer, a staff roster, a booking board), you are the controller of that information. You must have a lawful basis for collecting it and for displaying it on a screen in a public or shared space, must comply with privacy and surveillance laws that apply to you, and must not display information that you are not entitled to disclose.
- Security. We use measures appropriate to a service of this kind, including encrypted connections, hashed passwords and a unique secret for each Screen that is revoked when the Screen is removed. No system is perfectly secure, and you acknowledge that you use the Service at your own risk to the extent permitted by law. You must tell us promptly if you become aware of any security incident involving the Service or your Account.
- Service data. We may collect and use technical and usage data about how the Service is used (for example which features are used, device types and screen sizes, error logs) to operate, secure and improve the Service, and may publish statistics that do not identify you.
10. Term, cancellation and suspension
- Term. These Terms apply from the moment you first use the Service and continue until your Account is closed.
- Cancelling. You can cancel your Subscription at any time from the Billing page in the Portal. Cancellation takes effect at the end of the paid billing period; your Screens continue to play until then and show a notice afterwards. You can remove individual Screens at any time. You can close your Account from Settings or by emailing support@paveotv.com.
- Suspension by us. We may suspend all or part of the Service, or a Screen, immediately and without liability if: Fees are overdue; we reasonably believe you have breached these Terms or the law; your use poses a security, legal or operational risk to the Service, other customers or third parties; a Device Platform, app store, payment provider or other supplier requires it; or we are required to by law or a regulator. We will tell you why where it is lawful and practical to do so, and lift the suspension once the cause is resolved.
- Termination by us. We may terminate these Terms and close your Account on 30 days' notice for any reason, and immediately if you materially breach these Terms and do not remedy the breach within 14 days of notice, breach sections 3, 5, 6 or 7, become insolvent, or have been suspended for more than 30 days.
- Effect of ending. When your Account is closed, your right to use the Service ends, the App on your Screens stops showing your Content, and we may delete your Content and Account data after 30 days (subject to backups and legal retention). Fees accrued to the date of termination remain payable; if we terminate for convenience under this section, we will refund any Fees paid in advance for the period after termination. Sections 5 (licence to us for the retention period and your warranties), 7, 8, 9, 11, 12, 13, 14 and 16 survive termination.
11. Availability, support and changes
- We aim to keep the Service available at all times but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable because of maintenance, updates, failures of internet, hosting, app store, payment or AI providers, Device Platform changes, events beyond our reasonable control, or your own equipment, network or configuration.
- We may perform maintenance at any time and will try to give notice of planned maintenance that materially affects the Service.
- Support is provided by email at support@paveotv.com during our business hours in Melbourne, Australia. We do not provide on-site support, and we do not support televisions, streaming devices, networks or third-party web pages.
- The App is updated through the app stores. You must keep the App reasonably up to date; we may stop supporting old versions or old Device Platform releases.
12. Warranties and disclaimers
Subject to section 13, and to the maximum extent permitted by law:
- the Service, the App, the Portal and Generated Pictures are provided “as is” and “as available”, and we exclude all conditions, warranties, guarantees and representations, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or that the Service will be secure, timely, uninterrupted or error-free;
- we do not warrant that the Service will meet your requirements, achieve any business result, increase sales or foot traffic, or work with any particular device, network or venue;
- we are not responsible for the acts, omissions, content, products or services of third parties, including Device Platforms, app stores, television manufacturers, hosting, payment and AI providers, and the operators of web pages you choose to display;
- advice or information obtained from us, whether oral or written, does not create any warranty not expressly stated in these Terms.
13. Consumer guarantees
The Service is supplied to businesses. However, if you are a “consumer” under the Australian Consumer Law or you acquire the Service as a consumer under another applicable consumer protection law, you have rights that cannot be excluded, including guarantees that services will be provided with due care and skill, be fit for any purpose you made known to us, and be supplied within a reasonable time. Nothing in these Terms excludes, restricts or modifies those rights.
To the extent permitted by section 64A of the Australian Consumer Law, where the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee is limited, at our option, to supplying the Service again or paying the cost of having the Service supplied again.
Where a consumer law gives you a right that is inconsistent with sections 12, 14 or 15, that right prevails to the extent of the inconsistency.
14. Limitation of liability
Subject to section 13, and to the maximum extent permitted by law:
- Exclusion of certain losses. Neither Paveo nor its directors, employees, contractors or suppliers will be liable to you for any indirect, incidental, special, consequential or exemplary loss or damage, or for any loss of profit, revenue, business, goodwill, opportunity, anticipated savings or data, or for the cost of procuring substitute services, or for any claim by a third party against you, however caused and whether in contract, tort (including negligence), under statute, in equity or otherwise, even if we were advised of the possibility of such loss.
- Cap. Our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Service in any 12-month period is limited to the total Fees you paid to us for the Service in the 12 months before the first event giving rise to liability, or AUD 100 if you have paid no Fees.
- Specific exclusions. We are not liable for: loss or corruption of Content; unavailability of a Screen caused by its device, power, network or platform; Content you choose to display, including Generated Pictures and web pages; unauthorised access resulting from your failure to secure your logins or Screens; or any loss arising from events beyond our reasonable control.
- Your responsibility. You are responsible for everything displayed on your Screens and for the consequences of displaying it, including any fine, penalty, claim or complaint arising from the Content or from where and how a Screen is installed or displayed.
- These limitations apply even if a remedy fails of its essential purpose, and they allocate the risks between us in a way that is reflected in the Fees.
15. Indemnity
You indemnify Paveo and its directors, employees, contractors and suppliers against all losses, liabilities, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with: your Content, including any claim that it infringes a third party's rights or breaches a law; your inputs to the AI offers feature and your use of Generated Pictures; your breach of these Terms or of any law; your use of the Service or your Screens, including where and how they are installed and what they display; and any act or omission of your users. We will notify you of any such claim, allow you to control its defence where appropriate, and reasonably cooperate at your expense. This indemnity does not apply to the extent a loss is caused by our breach of these Terms or our negligence.
16. Governing law and disputes
- Law and courts. These Terms are governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria and the courts entitled to hear appeals from them, except that we may seek injunctive or other urgent relief in any court of competent jurisdiction to protect our intellectual property or the security of the Service.
- Talk to us first. If you have a dispute with us, email support@paveotv.com with the details. The parties will try in good faith to resolve the dispute by discussion for at least 30 days before starting court proceedings, except for urgent relief or non-payment.
- Consumer rights preserved. If you are a consumer in a country whose laws require that disputes be heard in your local courts or under your local law, this section does not take that right away.
- Time limit. To the extent permitted by law, any claim against us must be started within one year after the event giving rise to it.
17. Changes to these Terms
We may update these Terms from time to time. We will post the new version at paveotv.com/terms with its effective date and, for changes that materially affect your rights or obligations, notify you by email or in the Portal at least 14 days before they take effect. Changes required by law, by a Device Platform or app store, or to address security or abuse may take effect immediately. If you do not accept a change you may cancel under section 10; using the Service after the effective date is acceptance of the change.
18. General
- Entire agreement. These Terms, the Privacy Policy and the prices and limits published on paveotv.com and in the Portal are the entire agreement between you and us about the Service and replace all earlier agreements, representations and understandings.
- Severability. If any part of these Terms is unenforceable, it is to be read down to the extent necessary, or severed, and the rest continues in force.
- No waiver. A failure or delay by either party to enforce a right is not a waiver of it.
- Assignment. You may not assign or transfer these Terms or your Account without our written consent. We may assign or novate these Terms to a related company or to a buyer of our business, and will notify you.
- Subcontracting. We may use contractors and service providers to perform our obligations; we remain responsible for them under these Terms.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including internet or power failures, acts of third-party providers, Device Platform changes, industrial action, epidemic, government action or natural disaster, except for the obligation to pay money.
- Notices. Notices to you may be given by email to the address on your Account or by a notice in the Portal, and are taken to be received when sent. Notices to us must be sent to support@paveotv.com or by post to 15 Cochranes Road, Moorabbin VIC 3189, Australia.
- Relationship. Nothing in these Terms creates a partnership, joint venture, agency, franchise or employment relationship between you and us.
- Export and sanctions. You must not use the Service in breach of export control or sanctions laws, or if you are a person with whom we are prohibited from dealing.
- Language. These Terms are written in English. A translation is for convenience only and the English version prevails.
- Contact. Questions about these Terms: support@paveotv.com, or Febeleven Pty Ltd (ABN 69 661 429 956), trading as Paveo, 15 Cochranes Road, Moorabbin VIC 3189, Australia.