These terms govern every contract between DariaTech IT-Systemhaus, Josef-Schmid-Weg 23, 87700 Memmingen, Germany ("Provider") and its customers about the licensing and use of the "Displayna" software and related services. Deviating customer terms do not become part of the contract unless the Provider agrees to them in writing.
Displayna is a self-hosted software for creating, managing and playing on-screen content (digital signage). The Provider grants the customer the right to use the software in accordance with the chosen edition. Operation runs on the customer’s infrastructure; the Provider does not owe hosting operations unless expressly agreed.
The Provider may offer a time-limited free trial (30 days). The trial is solely for evaluation. After expiry the right to use ends automatically unless a paid licence is acquired. There is no claim to permanent availability of the trial.
Upon full payment of the licence fee, the customer receives a non-exclusive, non-transferable right to use the software within the agreed scope (e.g. number of screens/sites). Transfer, rental or sub-licensing to third parties requires the Provider’s prior written consent. Bundled third-party software is subject to its respective licence terms.
The prices in the relevant offer apply, plus statutory VAT. Invoices are due within 14 days net unless agreed otherwise.
The customer provides the infrastructure needed for operation (servers, network, display devices) and is responsible for their operation, backup and updates. The customer is responsible for content they place and warrants that no third-party rights are infringed.
The Provider warrants that the software materially conforms to the agreed specifications when used as intended. Defects are remedied within a reasonable period by improvement (e.g. update). No guarantee is given for uninterrupted or error-free availability.
The Provider is liable without limit for intent and gross negligence as well as under the German Product Liability Act and for injury to life, body or health. For simple negligence the Provider is only liable for breach of an essential contractual obligation (cardinal duty), limited to the contractually typical foreseeable damage. Any further liability is excluded. The Provider is liable for data loss only if the customer has performed reasonable, regular backups.
The term and notice periods are set out in the relevant offer or chosen edition. The right to extraordinary termination for cause remains unaffected.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent admissible, the place of jurisdiction is the seat of the Provider. Should individual provisions be invalid, the validity of the remaining provisions is not affected.
Version: 2026. These T&Cs are a general version; individual contracts may include diverging provisions.
Displayna