Terms & Conditions

01Agreement to these Terms

By creating an account, installing one of our apps, pairing a device, or otherwise using the Service, you accept these Terms. If you use the Service on behalf of a business or other organization, you represent that you have authority to bind that organization, and "you" refers to it. If you do not agree to these Terms, do not use the Service.

02The Service

The "Service" means all Keryka products and services, including:

• the Keryka web platform and SaaS console at keryka.com and its subdomains;
• the "Keryka Digital Signage" app for Shopify, distributed through the Shopify App Store;
• the "Keryka Digital Signage" Android application (package name com.keryka.player), distributed through Google Play, including builds for Android TV and Google TV;
• every other Keryka player or companion application, including the web player and players for Raspberry Pi and similar devices ("Players").

The Service lets you design, schedule, and distribute digital signage content to screens you control. Keryka provides software only: we do not supply, operate, or maintain your display hardware, network connectivity, or the content sources you connect.

03Accounts

You must provide accurate information when creating an account and keep it up to date. You are responsible for safeguarding your credentials and for all activity under your account, including activity by team members and devices you pair. Notify us immediately of any unauthorized use. The Service is intended for business use by persons at least 18 years old (or the age of majority in your jurisdiction).

04Subscriptions & billing

Parts of the Service are offered on paid subscription plans. For the Shopify app, charges are billed through Shopify's billing system and are also subject to Shopify's terms. Fees are stated at the point of purchase; unless required by law or expressly stated otherwise, payments are non-refundable and taxes are your responsibility. We may change prices with reasonable prior notice; changes take effect at your next billing cycle. If your subscription lapses, we may suspend or downgrade the paid features of the Service.

05Your content & your responsibility

"Your Content" means everything you create, upload, link, connect, schedule, generate, or display through the Service. You represent and warrant that:

• you own Your Content or hold all rights, licenses, and permissions needed to display it publicly — including copyright, trademark, publicity/image rights, and any required performance or broadcast licenses for music and video;
• Your Content and its display comply with all applicable laws and regulations, including advertising, consumer-protection, and signage regulations in the places where your screens operate;
• Your Content is not unlawful, infringing, defamatory, deceptive, or harmful.

We do not review, endorse, or approve content displayed through the Service, and we have no obligation to monitor it. We are not responsible or liable for Your Content, for content fetched from sources you connect, or for the consequences of displaying any of it. We may suspend distribution of content or terminate accounts that we reasonably believe violate these Terms or the law, but no failure to do so makes us responsible for that content.

06Automatically generated content

The Service includes features that can automatically generate layouts, text, and other content from the instructions and data you provide. Generated output may be inaccurate, incomplete, or unsuitable for your purposes. You are responsible for reviewing and approving any generated content before displaying it, and content you publish through the Service — automatically generated or not — is Your Content under section 5.

07Acceptable use

You agree not to:

• use the Service to display or distribute unlawful, infringing, or deceptive content;
• interfere with or disrupt the Service, probe or test its vulnerability without authorization, or circumvent its security or usage limits;
• reverse engineer, decompile, or attempt to extract the source code of the Service, except where such restriction is prohibited by law;
• resell, sublicense, or provide the Service to third parties as your own offering without our written agreement;
• use the Service to build a competing product, or access it by automated means outside its documented interfaces;
• use the Service in any situation where its failure could lead to death, personal injury, or severe damage (e.g. as a safety, alarm, or emergency-notification system).

08Third-party services & sources

The Service interoperates with third-party platforms and sources — Shopify, Google Play, your hosting, databases, APIs, feeds, and the URLs you display. Your use of those services is governed by their own terms and policies. We are not responsible for third-party services, their availability, or their content, and an integration's availability today does not guarantee its availability tomorrow.

09Intellectual property

The Service — including its software, Players, design, and branding — is owned by Keryka and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service and to install and run our Players on devices you control, for your internal business purposes, for as long as these Terms and your subscription allow. We reserve all rights not expressly granted. You keep all rights in Your Content. If you send us feedback or suggestions, we may use them without obligation to you.

10Privacy

Our Privacy Policy describes how we collect, use, and protect information across the Service, including the Shopify app and the Android player app. It forms part of these Terms.

11Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY SCREEN OR PLAYER WILL DISPLAY CONTENT AT ANY PARTICULAR TIME OR AT ALL; THAT DEFECTS WILL BE CORRECTED; OR THAT AUTOMATICALLY GENERATED OUTPUT WILL BE ACCURATE OR FIT FOR YOUR PURPOSES. YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KERYKA'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (USD 100) IF YOU HAVE PAID US NOTHING.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13Indemnification

You will defend, indemnify, and hold harmless Keryka and its officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) Your Content and its display on any screen; (b) your use or misuse of the Service; (c) your violation of these Terms; or (d) your violation of any law or of any third party's rights, including intellectual-property, publicity, or privacy rights.

14Suspension & termination

You may stop using the Service and delete your account at any time; uninstalling the Shopify app or the Android app does not by itself delete your account. We may suspend or terminate your access to all or part of the Service if you breach these Terms, if required by law, or if we discontinue the Service (with reasonable notice where practicable). Upon termination, your license to use the Service ends and we may delete your account data as described in the Privacy Policy. Sections that by their nature should survive termination — including sections 5, 9, and 11 through 16 — survive.

15Changes to the Service or Terms

The Service evolves: we may add, change, or remove features. We may also update these Terms from time to time; when we do, we will revise the effective date above, and for material changes we will provide more prominent notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. The current version is always available at keryka.com/terms.html.

16Governing law & general

These Terms are governed by the laws of the jurisdiction in which Keryka Systems is established, without regard to conflict-of-laws rules, and the courts of that jurisdiction have exclusive jurisdiction over disputes arising from these Terms, except where the mandatory consumer laws of your country of residence provide otherwise.

These Terms, together with the Privacy Policy, are the entire agreement between you and Keryka regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control.

17Contact us

Questions about these Terms? Email us at our contact address.