Terms of Use
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 for obtaining this access, paying any associated service fees, and providing all equipment necessary to connect to the World Wide Web, including 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, agreements, updates, messages, newsletters, or other communications as part of your services as an Eka user.
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. 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.
On occasion, Eka may aid in creating or modifying the design of an advertisement on behalf of an advertiser. However, it is the sole responsibility of the advertiser to ensure that all content and information included in said advertisement is factually correct and not misleading to viewers.
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 may use Stripe to access credit card details to 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 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 reasonable 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 as quickly as possible.
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. 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.
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 the Display Owner to ensure your display is kept ON (powered up) and visible the entire time your establishment is open
- You must follow the instructions provided for Eka device setup
- You are solely responsible and liable for safekeeping of the Eka device and ensuring it can correctly perform all of its intended functions. Do not tamper with the Eka device, its connection to the display, the settings of the display itself, or any auxiliary equipment
- You must promptly report any lapse in service or error with the display or Eka device to Eka representatives
- You must report any change in operating hours, business closure, or movement of the display at least 48 hours in advance
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. 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. You are solely responsible and accept all liability to ensure that all material you add is current and accurate.
Display Owner Payout Policy
You acknowledge and agree to the Eka Display Owner Payout Policy, included in these Terms by reference and displayed on 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.
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 ekaplace.com/content-conduct-policy.
Prohibited Use
You agree not to use any Eka services in any way that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable. You agree not to attempt to gain unauthorized access to any part of the Eka platform, interfere with or disrupt the integrity or performance of any Eka service, or use automated tools to access or interact with Eka services without express written permission.
Intellectual Property
All content on ekaplace.com and within Eka mobile applications, including but not limited to text, graphics, logos, icons, images, and software, is the property of Eka Technologies LLC or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from any Eka content without express written permission.
Limitation of Liability
To the maximum extent permitted by law, Eka Technologies LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of (or inability to access or use) any Eka services.
Changes to Terms
Eka Technologies reserves the right to modify these Terms of Use at any time. We will notify users of significant changes via email or a notice on our website. Your continued use of Eka services after changes are posted constitutes your acceptance of the revised Terms.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Contact
If you have questions about these Terms of Use, please contact us at support@ekaplace.com.