Terms of Service

These Terms of Service (the “Terms”) are a contract between you and Cavline Inc. (“Cavline”, “we”, “us”), a company based in Syracuse, New York. They cover the Cavline iOS app, the web app at cavline.app, this website, and any related service (together, the “Service”).

By creating an account or using the Service you agree to these Terms, to our Privacy Policy, and to our Ad Content Policy. If you are using Cavline on behalf of a business, you confirm you have authority to bind that business, and “you” means the business as well as you.

A few words have a specific meaning throughout these Terms.

• Host — a business (or its owner) that lists one or more Screens in its venue on Cavline.
• Advertiser — a business or person that books Slots on Screens to display their ads.
• Cohost — a person or business that manages a Host’s Screen on the Host’s behalf (setting it up, keeping it online, approving ads, selling Slots) and earns a share of the Host’s revenue for doing so. In some cases the Cohost supplies the Screen itself.
• Screen — a physical display in a Host’s venue that is connected to Cavline and plays Campaigns.
• Slot — a bookable position in a Screen’s rotation for a given period.
• Campaign — an Advertiser’s booking: one or more creatives scheduled into one or more Slots.
• Wallet — the in-app balance where a Host’s or Cohost’s earnings accrue before they are withdrawn.

You must be at least 18 years old to use the Service. Cavline is built for businesses and the people who run them; it is not intended for personal or household use, and it is not directed at children.

You may not use the Service if you have previously been removed from it, or if doing so would be illegal where you are.

You need an account to host, advertise, or cohost. Keep the information on it accurate (name, email, phone, business details), keep your password to yourself, and tell us at info@cavline.com right away if you think someone else has used it. You are responsible for what happens under your account until you do.

One person or business may hold roles on more than one side of the marketplace (for example, a Host who also advertises), and may switch roles in the app where that option is offered.

Cavline connects Hosts who have Screens with Advertisers who want to be on them. We run the booking, playback, measurement, and payment plumbing. We are not the Advertiser and we are not the venue. Hosts own or control their Screens and decide what plays on them. Advertisers own their ads and are responsible for what those ads say.

When a Campaign is booked, the contract for the ad placement is between the Advertiser and the Host. Cavline facilitates that contract, collects payment on the Host’s behalf, and keeps a platform fee (see Pricing and payments). We do not guarantee that any Screen will be available, that any Campaign will be approved, or that any particular number of people will see an ad.

If you list a Screen, you agree to:

• Keep it online. A Screen that is powered off, disconnected, or showing something other than Cavline during booked time is not delivering what the Advertiser paid for. Cavline may notify you when a Screen goes offline and may adjust payouts, refund Advertisers, or pause the listing if it stays offline.
• Approve or reject ads in good faith. You may reject any ad for any reason; it is your venue. But review requests within a reasonable time, and do not approve ads you do not intend to play.
• Describe the Screen accurately. Location, size, orientation, opening hours, whether it has sound, and anything else an Advertiser would rely on.
• Have the right to list it. You own the Screen or have permission from whoever does, and you are allowed to display third-party advertising at that location.
• Allow the sensors we provide (where installed) to operate, and not tamper with them. Sensors count presence only; see the Privacy Policy.

If you book a Campaign, you agree that:

• You have the rights to the creative. Every image, video, logo, font, piece of music, and claim in your ad is yours to use, or you have a license that covers display on third-party screens.
• The content is lawful where it will be shown, and complies with advertising, consumer-protection, and industry rules that apply to your product.
• It follows the Ad Content Policy. We can remove an ad that does not, at any point, even after it has been approved.
• Any QR code or link in the ad works and goes where it says it goes, for the whole Campaign.
• Approval is not guaranteed. A Host may reject your ad. If they do, you are not charged for that Slot, or you are refunded for it if payment was already taken.

A Cohost manages a Screen for a Host and is paid a commission out of the Host’s share of Campaign revenue. The commission rate is shown in the app when the Screen is set up and depends on whether the Host or the Cohost supplied the Screen.

The Cohost relationship is between the Cohost and the Host. Cavline calculates and pays the commission automatically according to the rate on file, but we are not a party to any other agreement between them. A Cohost acting for a Host takes on the Host obligations above for that Screen, and the Host remains responsible for what plays in their venue.

What Advertisers pay

Slot prices are shown in the app before you book. Payments are processed by Stripe; Cavline does not store your card number. By booking you authorize the charge for the Campaign (including any recurring charge if the Campaign renews, until you cancel it in the app).

How revenue is split

For each Campaign, 70% of what the Advertiser pays goes to the venue side and 30% is Cavline’s platform fee. If a Cohost manages the Screen, their commission is paid out of the venue’s 70%, not on top of it.

Payouts

Host and Cohost earnings accrue in the in-app Wallet as Campaigns are paid for and play. You withdraw from the Wallet to your bank account through Stripe, which may require you to verify your identity and business details. Payout timing is subject to Stripe’s processing schedule and to any hold we place while a dispute is open. Amounts associated with refunded Campaigns are reversed from the Wallet.

Taxes

Prices shown may not include sales or other taxes. You are responsible for any taxes that apply to your earnings or your purchases, and for reporting them. Where the law requires, Stripe or Cavline may collect tax information from you and issue tax forms.

Changes to pricing

We can change Slot prices, the platform fee, or commission rates for future Campaigns. We will not change the split on a Campaign that has already been booked and paid for.

Before an ad is approved, an Advertiser can cancel a booking and is not charged for it (or is refunded in full if payment was already taken).

Once a Campaign is live, it is generally non-refundable, because the Host has reserved the Slot for you. There are exceptions: if a Screen is offline or does not play the Campaign as booked, or the ad is removed for a reason that is not the Advertiser’s fault, you can open a dispute in the app or by emailing info@cavline.com.

We review disputes using the playback and uptime records we hold. A dispute may result in a partial or full refund to the Advertiser, and the matching amount is reversed from the Host’s (and any Cohost’s) Wallet. Our decision on a dispute is final as between the parties on the platform, without limiting any rights you have under law.

Hosts can take a Screen off the marketplace at any time. Campaigns already booked on it must either be played out or refunded to the Advertiser.

You keep ownership of everything you upload: ad creatives, Screen photos, business information, and anything else (“Your Content”). You give Cavline a worldwide, non-exclusive, royalty-free license to host, store, copy, transcode, display, and distribute Your Content as needed to run the Service: to play your ad on the Screens you booked, to show a Host the ad they are reviewing, to show Advertisers what a Screen looks like, and to generate previews and reports.

We may also use a Screen’s listing (photo, venue name, neighborhood) to promote the marketplace, for example on this website or in the app’s map. We will not use an Advertiser’s creative in our own marketing without asking first.

Anything you send us as feedback (ideas, suggestions, bug reports) we can use without owing you anything.

Do not use the Service to:

• Break the law, or help anyone else break it.
• Upload content that violates the Ad Content Policy.
• Impersonate another person or business, or misrepresent who you are.
• List a Screen you do not control, or inflate a Screen’s listing (location, hours, traffic).
• Tamper with a Screen, a sensor, or the measurement data, or generate fake QR scans or walk-ins.
• Move a deal off the platform to avoid the platform fee after meeting the other party through Cavline.
• Scrape, reverse-engineer, probe, or overload the Service, or access it with automated tools except through interfaces we publish for that purpose.
• Harass other users, or use their contact details for anything other than the Campaign.

The Service itself (the apps, the website, the software, the design, the Cavline name and logo, and the aggregate data we produce about the network) belongs to Cavline Inc. or its licensors. These Terms give you a limited, revocable, non-transferable right to use the Service for its intended purpose. They do not transfer any ownership to you.

Analytics we show you about your own Campaigns or Screens are yours to use for your business. The underlying network-wide data remains ours.

You can close your account at any time from the app or by emailing info@cavline.com. Live Campaigns are played out or refunded under the rules in Cancellations, refunds, and disputes, and any Wallet balance is paid out through Stripe once open disputes are settled.

We can suspend or close your account if you break these Terms, if we are required to by law, if your account is used fraudulently, or if a Screen stays offline or an Advertiser repeatedly submits ads that are rejected under the Ad Content Policy. We will tell you why unless the law or a safety concern prevents it.

Sections that by their nature should survive (payments owed, content license for already booked Campaigns, disclaimers, limitation of liability, indemnity, governing law) survive termination.

The Service is provided “as is” and “as available”. To the fullest extent the law allows, Cavline disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

In particular, we do not promise that:

• any Screen will stay online, or that any Campaign will play without interruption;
• walk-in counts, QR scan counts, or any other analytics are exact. Sensors and scan logging are reasonable measurements, not audited figures;
• an ad will produce any particular business result;
• Hosts, Advertisers, or Cohosts will perform their obligations to each other.

To the fullest extent the law allows, Cavline Inc. and its officers, employees, and contractors are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, arising out of or related to the Service or these Terms, even if we were told such damages were possible.

Our total liability to you for any claim arising out of the Service is limited to the greater of (a) the fees you paid to Cavline (our 30% platform share) in the twelve months before the claim, or (b) one hundred US dollars ($100).

Some jurisdictions do not allow some of these limits; in that case they apply to the extent permitted.

You agree to defend, indemnify, and hold harmless Cavline Inc. and its officers, employees, and contractors from any claim, loss, or expense (including reasonable legal fees) arising from Your Content, your use of the Service, your breach of these Terms, or your violation of any law or of someone else’s rights. For Advertisers, this expressly includes claims that an ad infringes a third party’s rights or makes an unlawful claim. For Hosts, it includes claims arising from the operation of your venue or Screen.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Any dispute between you and Cavline that cannot be resolved informally will be brought exclusively in the state or federal courts located in [Onondaga County, New York], and you consent to the jurisdiction of those courts.

Before filing anything, email us at info@cavline.com. Most problems are fixed faster that way.

We may update these Terms as the product changes. When we do, we will change the “Last updated” date at the top of this page, and for material changes we will notify you in the app or by email before they take effect. Continuing to use the Service after that date means you accept the new Terms. If you do not, close your account before they take effect.

Cavline Inc., Syracuse, New York. info@cavline.com