Legal

Terms of Service

Last updated: June 12, 2026

These Terms of Service ("Terms") govern your use of Everuna's website, digital signage advertising network, cloud signage platform, and related services (collectively, the "Services"). By accessing or using our Services, you agree to these Terms. If you do not agree, do not use our Services.

1. Agreement to Terms

By creating an account, submitting content, or using our platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. Description of Services

Everuna provides (a) a digital signage advertising network where advertisers can place ads on screens in local businesses across the Rio Grande Valley, (b) a cloud signage platform where businesses can manage their own digital displays, and (c) website design and related digital marketing services. Services include dashboard access, content scheduling, proof-of-play reporting, and analytics.

3. Account Registration and Security

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at contact@everuna.com if you suspect unauthorized access. We reserve the right to terminate accounts that contain inaccurate information.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with our Acceptable Use Policy. You may not use the Services to distribute harmful, illegal, misleading, or offensive content. We reserve the right to reject, remove, or suspend any content or account that violates these Terms or our policies.

5. Payment and Billing

Fees for advertising and cloud signage plans are specified in your order or agreement. You agree to pay all fees when due. Payment terms are net 30 unless otherwise agreed in writing. We may suspend or terminate Services for non-payment after providing reasonable notice. All fees are in U.S. dollars. Refunds are handled on a case-by-case basis; contact us at contact@everuna.com for refund requests.

6. Content and Intellectual Property

You retain ownership of content you submit. By submitting content, you grant Everuna a non-exclusive, worldwide, royalty-free license to display, distribute, and reproduce your content in connection with the Services. You represent that you have all necessary rights and permissions to use all content you submit and that it does not infringe any third-party intellectual property, privacy, or other rights.

7. Proof-of-Play and Reporting

We provide proof-of-play logs and analytics as described in our service documentation. While we strive for accuracy, we do not guarantee that reporting is error-free or complete. Our reports are provided for informational purposes and should not be used as the sole basis for legal or financial decisions.

8. Service Availability

We will make reasonable efforts to keep the Services available and operational. However, we do not guarantee uninterrupted access. We may perform scheduled or emergency maintenance that temporarily affects availability. We will provide advance notice of scheduled downtime when reasonably possible.

9. Termination

You may terminate your account at any time by contacting us. We may suspend or terminate your access immediately for violations of these Terms, non-payment, or at our reasonable discretion. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination — including payment obligations, intellectual property rights, disclaimers, and limitations of liability — will survive.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERUNA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES. OUR TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Everuna and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) content you submit; (c) your violation of these Terms; or (d) your violation of any third-party rights.

13. Dispute Resolution

Before filing any formal legal action, you agree to first contact us at contact@everuna.com to attempt to resolve the dispute informally. We will try to resolve the dispute within 30 days. If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in Cameron County, Texas, under the rules of the American Arbitration Association (AAA), except that either party may seek emergency injunctive relief in court. You waive any right to a jury trial or to participate in a class action lawsuit.

14. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. For any matters not subject to arbitration, the parties consent to exclusive jurisdiction in the state or federal courts located in Cameron County, Texas.

15. Electronic Communications

By using our Services or providing your email address, you consent to receive electronic communications from us, including transactional emails and marketing messages. You may opt out of marketing communications at any time. You agree that any notices, agreements, or disclosures we send electronically satisfy any legal requirement that such communications be in writing.

16. SMS / Text Message Communications

16.1 Queue & Waitlist Notifications (Transactional SMS)

Guests who check in through Everuna's queue module at a venue may voluntarily opt in — by actively checking an unchecked consent box — to receive automated SMS notifications about their queue status. These messages are strictly transactional: a confirmation when joining the line and a notification when it is their turn. No marketing or promotional messages are ever sent through the queue system. Consent to receive these notifications is not a condition of receiving queue service.

  • Message frequency: up to 2 messages per visit.
  • Msg & data rates may apply.
  • Opt out: reply STOP to cancel. Reply HELP for assistance.

16.2 Business & Marketing SMS

Venue partners, advertisers, and other business contacts may separately opt in to receive recurring automated SMS/text messages from Everuna — including transactional alerts, service updates, and marketing messages — through a web form, text keyword, or other opt-in mechanism. Consent to receive SMS messages is not a condition of purchasing any product or service from Everuna.

  • Opt out: reply STOP to any text message at any time to cancel. You will receive a one-time confirmation and will receive no further messages.
  • Help: reply HELP to any text message or email us at contact@everuna.com for assistance.
  • Message frequency: message frequency varies based on your interactions with our Services and your preferences.
  • Message and data rates: standard message and data rates may apply depending on your mobile carrier and plan.
  • Carrier liability: mobile carriers are not liable for delayed or undelivered messages.

SMS messaging is powered by Telnyx. Your mobile number is shared with Telnyx solely for message delivery purposes. Mobile phone numbers and SMS opt-in data are never shared with third parties for marketing purposes. For more information see our Privacy Policy.

17. Changes

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. For material changes, we may also send notice by email. Continued use of the Services after changes constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Services.

18. Contact

Questions about these Terms? Email us at contact@everuna.com or visit our Contact page.