Acceptance of Terms
These Terms of Use describe how you are permitted to use any Eka services, including ekaplace.com and its subdomains, Eka mobile applications for Android and iOS devices, Eka devices, and associated sites and services provided by Eka Technologies as well as its subsidiaries and affiliates. The Terms of Use are a legal contract between you and Eka Technologies (referred to as “Eka”, the “Site”, or the “Mobile Application”). By using this Site, Mobile Application, or any of the other services provided by Eka, you agree to all of the Terms in this document. If you do not agree to these Terms, do not use any services available through or information provided by Eka. You also acknowledge and agree that Eka Technologies may establish general practices and limits concerning use of its Site, Mobile Application, or any other Services, and Eka Technologies may modify such practices and limits from time to time.
Description of Services
Eka (Eka Technologies LLC) is an advertisement delivery and management (ADM) platform that includes the Eka mobile applications on iOS and Android platforms as well as ekaplace.com and its subdomains. Our ADM platform serves as a two-sided marketplace, enabling businesses (a.k.a Display Owners) to list physical displays on the platform and allowing Advertisers to place image and video advertisements on these displays. Our platform provides functionality to book advertisements, serve these advertisements to displays, and monitor performance. The platform is also designed for display owners to track their device health, display performance, and revenue. Eka may provide display owners with access to Eka Devices to onboard instore displays onto the Eka ADM platform.
Upon request and at Eka’s discretion, Eka may provide you with additional custom services subject to a separate agreement between you and Eka Technologies. These services will be subject to these Terms of Use as well as the terms and conditions of the separate agreement.
You agree you may be required to agree to additional terms and conditions in order to use new features provided by Eka to build on or enhance the current Site, Mobile Application, or other Services, including any resources, guides, or tools for users.
You agree that you must obtain Internet access to use the Site, Mobile Application, or other Eka Services. You are responsible to obtaining this access, pay any associated service fees, and provide all equipment necessary to connect to the World Wide Web, include a computer or mobile device and modem. You acknowledge and agree that advertisements may be included as necessary to provide Eka services. You agree to receive certain communications from Eka, including but not limited to announcements about the service, disclosures, agreement, updates, messages, newsletters, or other communication as part of your services as an Eka user. You agree that any notices, agreements, disclosures or other communications that we send you electronically via email or otherwise will satisfy any legal communication requirements, including that such communications be in writing. You agree that you will only access the Eka Site, Mobile Application, or other Services through the channels explicitly provided by Eka for user access.
For Advertisers
Creating Bookings
Eka makes every effort to ensure that Advertisers’ bookings are processed and served to displays as quickly as possible. Each new booking may take a maximum of two working days to be scheduled and served to the display network, provided the associated advertising content has already been approved as per the Eka Content Approval criteria.
Uploading Content
Eka makes two methods available for Advertisers to upload new content to their Eka account: our in-app mobile interface to add media from your mobile device and our web portal at upload.ekaplace.com to add media from your computer. Advertisers must sign in with their Eka account credentials to access either of these interfaces.
Content Approval
All Advertiser content, including both the image/video ad creative and any associated metadata and text, must undergo Eka’s Content Approval process. Eka has full authority and sole discretion to reject any content we deem inappropriate, unsuitable, illegal, or not aligned with our Content Policy or general advertising standards. If your content is rejected, we will aim to provide a response in the Eka app explaining the reason behind the rejection. It is in your best interest to review and adhere to our Content and Conduct Policy when adding new content so that your request can be processed as quickly as possible. We aim to process requests for new/edited content by the end of the following business day, though some cases may require further review by our team.
Any modifications to content may also require approval by the Eka team. If the content is currently active (airing or scheduled to air on one or more displays), the previous version of the content will continue to air until the change is approved.
Refund/Cancellation Policy
Advertisers may request to cancel any booking through the Eka mobile app.
To be eligible for a full refund, you must send a request to cancel a booking at least 48 hours before midnight on the start date of the booking. No partial or full refunds will be provided for any cancellations requested for active bookings (bookings that have already begun to air on displays) or for bookings that begin less than 48 hours from the time of cancellation.
If you would like to cancel an active booking, note that it may take up to 48 hours for the booking to be fully removed from all displays. We need this time to remove your content from all active displays in our network.
We may use Stripe to access credit card details so that we can process any full or partial refunds.
Service and Accuracy
You agree that Eka is not liable for any lapses or delays in service or any delays, changes, or failures to air booked content. This includes, but is not limited to, failures to air booked content caused by Display Owner actions, unforeseen events, or technical errors. Eka is also not held liable for any inaccurate or misleading information provided by Display Owners on the Eka display network. Eka will make an effort to promptly handle any lapses in service that it becomes aware of and, at Eka’s sole discretion, may provide partial or full refunds in certain circumstances.
Content Frequency
Under normal operating conditions of the Eka device and its associated display, Eka will make commercially responsible effort to air your content on booked displays at least once every ten minutes. Please report to support@ekaplace.com If there are any anomalies to the content frequency and Eka will work with display owners and take all necessary remedies to normalize this asap.
For Display Owners
Eka Device Usage
We provide Display Owners access to use Eka devices on their displays for the period of time for which they continue to leverage Eka services. These devices are used to push scheduled advertising content as and when required to their displays through our Advertisement Delivery and Management (ADM) Platform. You may, using our mobile app, request a loaner Eka Device to be shipped to you for a one-time, non-refundable usage cost. This usage cost will be clearly posted to you in the app prior to purchase. The Eka device and all auxiliary equipment provided by Eka is the sole property of Eka Technologies, LLC, and must be returned promptly at the termination of services. Failure to return your Eka device within 45 days of the cancellation of services will result in an additional penalty fee per device. The penalty fee will be displayed in the Eka mobile app prior to purchase.
It is the sole responsibility of the Display Owner to ensure that the Eka device is kept safe, intact, and used only for its original intended purpose. Display owners must abide by the following requirements at all times:
• Eka devices must be powered on and connected to their assigned display
• Any image, video, or text display marketing material must meet the Eka Content and Conduct Policy requirements
• It is the sole responsibility of Display Owner to ensure your Display in kept ON (powered up) and visible the entire time your establishment is open, and to ensure that you have selected accurate hours of operation in your "Display Onboarding" process within the Eka app.
• You must follow the instructions provided for Eka device setup
• You are solely responsible and liable for safekeeping of the Eka device and ensuring that it can correctly perform all of its intended functions. Do not tamper with the Eka device (including its hardware, software, and protective casing), its connection to the display, the settings of the display itself, or any auxiliary equipment. Ensure that you do not allow anyone else physical access to the device or its SD memory and make sure the temperatures of the location of the Eka device are suitable (max temperatures of 50 degrees Celsius/ 120 degrees Fahrenheit) for proper functionality so as not to overheat the Eka device.
• You must promptly report any lapse in service (e.g. due to a power outage or other unforeseen event) or error with the display or Eka device to Eka representatives. You are responsible for cooperating with Eka representatives to perform any necessary user troubleshooting steps.
• You must report any change in operating hours, business closure, movement of the display, or any other event that causes or may cause a disruption or change in Eka services on the Eka device at least 48 hours in advance and update your display marketing material accordingly.
Display Marketing Material
All Display Marketing material, including any images, videos, or text submitted by Display Owners through the Eka mobile app, must undergo Eka’s Content Approval process. This material will be available for all Advertisers to view as they browse displays on the Eka network and create bookings for their content. Eka has full authority and sole discretion to reject any material we deem inappropriate, unsuitable, illegal, or not aligned with our Content and Conduct Policy or general advertising standards. You are solely responsible and accept all liability to ensure that all material you add is current and accurate. If your material is rejected, we will aim to provide a response explaining the reason behind the rejection. It is in your best interest to review and adhere to our Content and Conduct Policy when adding or editing material. We aim to process requests for new/edited content by the end of the following business day, though some cases may require further review by our team. Any modifications to marketing material may also be required to go through the content approval process.
Your display marketing material or edits to said material may not be posted on the Eka marketplace for Advertisers to view until approved by our team.
Display Owner Payout Policy
You acknowledge and agree to the Eka Display Owner Payout Policy, included in these Terms by reference and displayed on https://ekaplace.com/display-owner-payout-policy.
Reporting Content
If you object to a particular advertisement being shown on your display, please contact us at support@ekaplace.com and provide a reasonable rationale. At Eka’s discretion, we will work with the Advertiser to remove the content from your display.
If you see any advertisements that appear illegal or in violation of our Content and Conduct Policy, please immediately report this incident to the Eka team; we will review the case and promptly remove any violating content.
For All Eka Users
Content and Conduct Policy
You acknowledge and agree to the Content and Conduct Policy, included in these Terms by reference and displayed on https://ekaplace.com/content-conduct-policy.
Account Registration and Deletion
To use any Eka Services, you require a valid Eka account, which includes a unique email address and a password. To create an account, you must register on the Eka Mobile Application on your mobile device. You are responsible for ensuring that your account credentials remain confidential, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Eka of any unauthorized or malicious use of your password or account, as well as any other security incident. You also agree to ensure that you exit from your account at the end of each session to prevent unauthorized use. You agree that Eka cannot and will not bear any liability or any loss or damage arising from your failure to comply with these requirements. You must ensure that all information entered as part of registration and at any point through an Eka service is accurate, current, and complete.
Advertisers and Display owners may request deletion of their account through the Eka app. When a user requests account deletion, we will delete their user credentials and associated app data from our system, including all uploaded media. Eka will communicate with users via email to confirm deletion and with further information about the process, including instructing display owners on how to return their Eka device. Note that for display owners, the display turndown and account deletion process may take up to one month if advertiser contents are actively running on one or more displays associated with the display owner’s account.
We reserve the right to delete user accounts at any time for any reason, including suspected spam, noncompliance with our terms of service, or otherwise malicious activity.
Billing and Bank Information in Accounts
Display owners need to maintain a valid bank account in their Eka account information at all times. Advertisers will be billed for advertising spending based on the estimated length for a particular booking as well as several other factors including, but not limited to, the type and size of advertising content, and the location of the selected displays. Display owners will be billed based on the number of Eka devices they request using our mobile applications.
Indemnity
You agree to indemnify, defend, and hold harmless Eka as well as its subsidiaries, affiliates, officers, agents, partners, investors, employees, and vendors, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your content, any text/images/video you add to the Eka mobile app, your use of Eka devices and display services, your use of the Eka ADM platform and its services, your use of ekaplace.com or any subdomains, your violation of these Terms, your violation of the Eka Privacy Policy, or your violation of any rights of any individual. This indemnity applies to both users and non-users of Eka services.
Metrics Provided by Eka
Eka makes an effort to ensure that metrics displayed in our mobile applications are reliable and accurate. However, not all metrics displayed in Eka applications are provided by Eka Technologies; we acquire, gather, summarize, and display metrics based on information provided by our Display owners, our Advertisers, and third-party platforms used for display management. Eka does not claim any liability or provide any guarantees regarding the accuracy of any metrics shown to users. You agree that you must evaluate, verify, and bear all risks and liability associated with the use or distribution of any such metrics. This includes any reliance on the accuracy, completeness, or usefulness of data provided.
Changes to the Terms of Use
Eka may at any time modify the Site, Mobile App, Eka devices, or Services. Eka may also change, modify, or add/remove any portion of these Terms at any time. We will post the updated Terms of Use on ekaplace.com and within our mobile applications. Your continued use of any Eka services indicates that you agree to all of the updated Terms of Use. You must stop using any Eka services, including the Site, Mobile App, and Eka Devices if you no longer agree with the updated Terms of Use.
Eligibility
By using the Site, Mobile App, Eka devices and/or any Services, you attest that you are 18 years of age or older. If you are using this Site, Mobile App, Eka devices, or Services on behalf of a company, you attest that you are authorized to legally bind that company to these Terms. You also attest that you reside in the United States or Canada for the duration of your relationship with Eka. Eka may immediately terminate your relationship with the company, delete your account, and remove your use of the Site, Mobile App, Eka devices, or Services if you do not meet these eligibility requirements.
Eka Privacy Policy
You acknowledge and agree to the Eka Privacy Policy, included in these Terms by reference and displayed on https://ekaplace.com/privacy-policy.
Regulations and International Use
You agree to comply with all applicable local laws and regulations, including but not limited to restrictions for online conduct and acceptable content, when using any Eka services. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or Canada.
Links to Third Party Sites
Eka may provide references or links to “Third Party Sites” – sites and services not provided by Eka. You agree to comply with all terms and conditions, guidelines, and privacy policies provided by such Third Party Sites. You also acknowledge that these sites’ policies and practices may differ from those of Eka Technologies. Eka does not verify or take any responsibility for the truthfulness, accuracy, completeness, or quality of the Third Party Sites, including their content, services, or any other activities conducted by or through Third Party Sites. Eka provides these links and references as a convenience to the user, and in no way does Eka endorse any such Third Party Site or any product or service offered through it.
YOU ACKNOWLEDGE AND AGREE THAT EKA TECHNOLOGIES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Changes to Services
At any time, with or without notice, Eka reserves the right to modify, temporarily discontinue, or terminate a portion or the entirety of the Services provided. You acknowledge and agree that Eka bears no liability to you or any third party for any such modification, suspension, or termination of its Services.
Proprietary Information and Rights
You acknowledge and agree that any Eka services including the Site, any necessary software provided by Eka Technologies for use in connection with the Services (Software), any data or services provided by the Mobile Application and ADM, all Eka Technologies Content contained on the Site, Mobile Application, and other Services, and any analytical or statistical data derived from the use of the Software and Services (Data) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Eka Technologies retains all right, title, and interest in and to the Services, Software, Data, Eka Technologies Content, and any other information or services provided by the Mobile Application and ADM. You agree that you shall not acquire any right, title or interest in or to the Services, Software, Eka Technologies Content, Data and any associated intellectual property rights, other than the limited use rights set forth in these Terms of Use.
You agree not to modify, retrieve, save, rent, copy, lease, loan, sell, resell distribute or create derivative works based on the Services, Data, Eka Technologies Content or Software, in whole or in part, except as expressly authorized in writing by Eka Technologies or otherwise permitted herein.
All goodwill arising out of your use of any Eka Technologies shall solely benefit Eka Technologies.
All Feedback sent or transmitted by you to Eka is considered non-confidential and non-proprietary, and shall be treated as such. Feedback includes any communications, question, comments, suggestions, or related materials sent by letter, email, telephone, or otherwise suggesting or recommending changes to the Site, Mobile Application, the ADM platform, any Services, Content, or Data, including, without limitation, new features or functionality. Eka Technologies is free to use, any you assign all right, title, and interest in, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Eka Technologies is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback. You also acknowledge that you have no right to compel any such use, display, reproduction, or distribution.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE TO THE FOLLOWING:
You use Eka Services, including the Eka Site, Mobile Applications, Eka Devices, and any other Services, at your own risk. Eka provides these Services and all information and content on an as-is and as-available basis. Eka disclaims any express or implied warranties of any kind. This includes but is not limited to implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
If, through your use of any Eka services, any material is downloaded or obtained by the user or any other party, this action is completed at your own risk. You are solely responsible for any damage or data loss caused by downloading or obtaining any such material.
No advice or information that is not expressly stated in this Terms of Use document, whether oral or written, obtained from any Eka services including the Site and Mobile Application, shall create any warranty.
Eka will make commercially reasonable efforts to maintain the Site, Mobile Application, and Services. Eka does not take any responsibility or liability for any damage, data loss of customer or vendor information, inaccurate metrics or information, revenue or other harm to business as a result of mis-delivery, delay, or a lack of delivery of any information, content, or service, errors (technical or otherwise) or bugs, unauthorized use due to user sharing of access, or other interaction with the Site, Mobile Application, or Services. It is your responsibility to maintain data and information that may reside with Eka services, including advertising content and display marketing material. Eka provides no warranty that any services provided by Eka will meet your specific requirements, any errors or omissions in the services or software provided by Eka will be corrected, or that the Site, Mobile Application, or any other Eka Services or content will be delivered on time, securely, in an uninterrupted manner, or without errors. Eka also does not warrant that any results obtained from the use of any Eka Service will be reliable, useful, or accurate, or that the quality of any products, services, information, or other material purchased through or obtained from Eka by you will meet your expectations.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EKA TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE LOSSES (EVEN IF EKA TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SITE, SERVICES AND/OR THE EKA TECHNOLOGIES CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; (v) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE AND/OR SERVICES OR OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR ANY SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SITE, SERVICES AND/OR EKA TECHNOLOGIES CONTENT.
Exclusions and Limitations
Some of the limitations of liability or limitations of disclaimer or warranties included in this document may not apply to you, as some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
General
Eka may provide notices to its users, including notices of changes to the Terms of Use or other changes, through email, its mobile application, its websites, push notifications, notices within your user account, or physical mail. The Terms and the relationship between you and Eka Technologies shall be governed by the laws of the State of California without regard to its conflict of law provisions. If Eka fails to enforce or exercise any right or provision within the Terms of Use, Eka does not waive such right or provision. The Terms of Use supersede any prior versions of the Terms as well as any prior agreement you may have with Eka Technologies. You may also be subject to additional terms and conditions applied by any external companies that Eka Technologies leverages to provide its services. The Terms of Use (and any addenda) comprise the entire agreement between you and Eka Technologies and determine your use of Eka’s Site, Mobile Application, and other Services. If any provision of the Terms or any other document incorporated in the Terms by reference is found to be invalid by a court of competent jurisdiction, you and any other parties involved nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use have no legal or contractual effect, and are included solely for the convenience of the reader.
Contact Us
If you have any questions about these Terms or otherwise need to contact Eka Technologies for any reason, you can reach us at support@ekaplace.com.