GO NOW Screen Terms and Conditions

1. General provisions

1.1. These terms and conditions govern the use of the GO NOW Screen service (hereinafter: the Service) and form part of the agreement between the Service Provider and the Client.

1.2. The Service Provider is Gurmaan OÜ, registry code 16933484, VAT No EE102713651, address Harju maakond, Tallinn, Mustamäe linnaosa, Laki tn 32, 12915, email gonowestonia@gmail.com (hereinafter: the Service Provider).

1.3. The Client is a legal person or a sole proprietor who orders the Service for use on a screen at its business, institution or other premises (hereinafter: the Client). The Service is intended for businesses and institutions, not for private consumer use.

1.4. By ordering the Service, using an access code or starting to use the Service, the Client confirms that it has read and agrees to these terms. If a separate written agreement between the Client and the Service Provider provides otherwise, the separate agreement applies.

1.5. Special offers, for example a longer free trial period, apply only if separately agreed with the Client in writing.

2. Service description

2.1. GO NOW Screen is a web-based departure information screen that displays the next departures from the public transport stops nearest to the Client's premises, together with a map of the stops and distances.

2.2. The Service includes:

• a)the next departures from the nearest stops and a map;
• b)the option to display in rotation up to three of the Client's advertisements, offers or notices;
• c)a choice of colour theme from the existing GO NOW themes;
• d)a view showing only departure times, without advertisements;
• e)one free change of advertisements per quarter.

2.3. The Service runs in the web browser of the Client's existing screen, where the browser supports full-screen mode. The Service does not include a screen, other hardware, an internet connection or their installation. No separate application or additional device is required.

2.4. If there are no more departures from a stop on the same day, the Service may display the first departures of the next day for that stop, so that the screen does not remain empty.

2.5. Departure information is based on data from third-party and public data sources. The Service Provider does not prepare timetables and does not control the activities of carriers.

2.6. The additional service GO NOW Screen In-Room allows the departure information for the same location and the Client's messages to also be displayed on hotel room TV screens, on the welcome screen or information channel of the hotel's internal TV system. In-Room is a separate additional package and its terms are set out in clause 5.7. The room view may differ from the public screen view.

3. Conclusion of the agreement and access

3.1. The agreement is deemed concluded when the Service Provider has confirmed the Client's order and sent the Client an access code configured for its location, or when the Client starts using the Service.

3.2. Each Client and each location receives its own access code. The code is entered once in the screen browser and the device remains logged in thereafter, until the code is cancelled or the session is ended.

3.3. The Client shall keep the access code confidential and shall not share it with third parties. The code may be used only at the agreed location and on the agreed screens.

3.4. The Service Provider may cancel or replace the code if there is reason to suspect misuse, sharing with third parties or a breach of these terms.

3.5. The Service Provider may use the main access (master code) only to configure the Service, resolve faults and provide support to the Client.

3.6. For the In-Room additional package, the Client receives a separate access code or link for the rooms. It may be used only in the rooms of that hotel and in the internal TV system, for the agreed number of rooms. The code or link must not be published publicly or shared outside the hotel TV system. Adding to and configuring the hotel TV system is arranged by the Client or its TV system provider; this is not included in the price of the Service.

4. Free period

4.1. The first 2 months from activation of the Service are free for a new Client, unless a longer trial period has been separately agreed.

4.2. During the free period, the Client may terminate the Service by notifying the Service Provider by email before the end of the free period. In that case no payment obligation arises.

4.3. If the Client does not terminate the agreement during the free period, the Service continues as a paid service in accordance with clause 5.

5. Price and payment terms

5.1. The standard price of the Service is 39 euros per month per location, plus value added tax.

5.2. The Service is paid for upon joining and at the start of each subsequent period one year in advance, unless separately agreed otherwise. The first year is counted from the end of the free period.

5.3. Prices for additional services:

• a)each additional change of an advertisement outside the free quarterly change: 15 euros per change;
• b)design of an advertisement: price by agreement, depending on the scope of the work.

5.4. The Service Provider submits invoices electronically. The payment term of an invoice is 14 days from the invoice date, unless stated otherwise on the invoice.

5.5. If the payment term is exceeded, the Service Provider may claim late interest of 0.05% of the unpaid amount for each day of delay and suspend use of the Service until the debt is paid.

5.6. The Service Provider may change the price by notifying the Client at least 30 days in advance. The new price applies from the next paid period. If the Client does not agree to the change, it may terminate the agreement in accordance with clause 12.2.

5.7. The prices of the In-Room additional package per location per month are as follows. Value added tax is added to the prices. The price includes the main service at the same location:

• a)up to 30 rooms: 79 euros per month in total;
• b)31 to 100 rooms: 129 euros per month in total;
• c)101 to 250 rooms: 189 euros per month in total;
• d)over 250 rooms: price by agreement.

The number of rooms is based on the number of rooms confirmed in the Client's order. If the number of rooms changes so that the location moves to a different price band, the new band applies from the next paid period. The same free period, annual advance payment, automatic renewal and termination terms apply to the In-Room additional package as to the main service.

6. Client advertisements and content

6.1. The Client provides its advertisements, logos, offers and notices to the Service Provider in the agreed format. The Service Provider changes advertisements free of charge once per quarter.

6.2. The Client is responsible for the lawfulness and accuracy of its content and for having the right to use the content. The content must not infringe the rights of third parties, good practice or applicable law.

6.3. The Service Provider may refuse to display content that is unlawful, misleading, offensive or technically unsuitable for the screen, and ask the Client to provide replacement content.

6.4. Intellectual property rights in the Client's content remain with the Client. The Client grants the Service Provider the right to use the content only for the purpose of providing the Service.

7. Client obligations

7.1. The Client shall provide a suitable screen, a working internet connection and a web browser that supports full-screen mode for the use of the Service.

7.2. The Client shall not:

• a)resell or intermediate the Service, its content or departure data, or make them available to third parties outside the agreed location;
• b)use the Service in hotel rooms, except under the In-Room additional package set out in clauses 2.6, 3.6 and 5.7, on rental premises or in other locations not agreed in the order, without the written consent of the Service Provider;
• c)copy, modify, decompile or attempt to derive the source code of the Service;
• d)interfere with the operation of the Service or use it in a way that harms the Service Provider or third parties.

7.3. The Client shall promptly notify the Service Provider of the loss of an access code, unauthorised use and material faults in the Service.

8. Data accuracy and availability of the Service

8.1. The Service Provider makes reasonable efforts to keep departure information up to date and the Service continuously available, but does not guarantee the complete accuracy of the information or the uninterrupted operation of the Service.

8.2. Departure times may change due to carriers, traffic conditions and updates to data sources. The Service Provider is not responsible for timetable changes, cancellations or errors in data sources.

8.3. The Service Provider may carry out maintenance, updates and changes to the Service. The Service Provider will try to notify the Client of significant planned interruptions in advance where reasonably possible.

8.4. The Service Provider may develop and change the features of the Service, provided this does not materially reduce the main features agreed with the Client during the paid period.

9. Intellectual property

9.1. All rights in the Service, the GO NOW trademark, software, design and documentation belong to the Service Provider or its licensors.

9.2. The agreement does not transfer ownership of the Service to the Client. The Client receives for the term of the agreement a simple licence to use the Service at the agreed location.

10. Liability

10.1. Each party is liable to the other party for direct pecuniary damage caused by breach of its obligations.

10.2. The Service Provider is not liable for indirect damage, loss of profit or claims of third parties, except where liability arises from intentional breach or from law and cannot be excluded.

10.3. The total liability of the Service Provider during one contract year is limited to the amount the Client has actually paid for the Service for that year.

10.4. No limitation excludes liability to the extent that it cannot be excluded under Estonian law.

11. Personal data

11.1. The Service Provider processes data of the Client's contact persons (name, email address, telephone) only for concluding and performing the agreement, submitting invoices and providing support.

11.2. The Service is intended for a public screen and does not collect personal data of viewers of the screen.

11.3. In processing personal data, the Service Provider follows the General Data Protection Regulation of the European Union and Estonian law. Data is not sold to third parties.

12. Term and termination of the agreement

12.1. The agreement is first concluded for one year from the start of the paid period, taking into account the free period set out in clause 4.

12.2. The agreement renews automatically for the next year unless either party has terminated the agreement. Termination must be notified to the other party by email at least 1 calendar month before the end of the current agreement period.

12.3. If the Client terminates early, the prepaid annual fee is not refunded.

12.4. Either party may terminate the agreement extraordinarily if the other party materially breaches these terms and fails to remedy the breach within 14 days after written notice.

12.5. The Service Provider may immediately suspend the Service and terminate the agreement if the Client is more than 30 days late with payment, shares the access code with third parties or materially breaches clause 7.2.

12.6. Upon expiry of the agreement, the Client's right to use the Service ends and the access code is cancelled.

13. Amendments to the terms

13.1. The Service Provider may amend these terms by notifying the Client by email at least 30 days before the amendments take effect.

13.2. If the Client does not agree to the amendments, it may terminate the agreement in accordance with clause 12.2. Continued use of the Service after the effective date is deemed acceptance of the amendments.

14. Governing law and dispute resolution

14.1. The agreement and these terms are governed by Estonian law.

14.2. Disputes shall be resolved through negotiations. If no agreement is reached, the dispute shall be resolved in Harju County Court, unless the law provides otherwise.

15. Contact