1. Acceptance of these terms
These Terms of Service (“Terms”) govern your access to and use of the Keva platform, including the website at kevaos.ai, the RelayiOS application, and related services (collectively, the “Service”) provided by Binyan Group (“Keva,” “we,” or “us”).
By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization (your employer or contracting entity), you represent that you have authority to bind that organization, and “you” refers to both you and the organization.
2. Who this is for
Keva is a business-to-business platform intended for use by restaurant operators and their authorized staff. The Service is not directed to consumers. Individual users may access the Service only when their employer (or a contracting operator) has provisioned them an account.
You must be at least 18 years old to use the Service.
3. Your account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at legal@kevaos.ai if you suspect unauthorized use of your account.
You may delete your account at any time via Account → Delete Account inside the app, or by emailing the address above. Account deletion removes your personal information from the Service in accordance with our Privacy Policy.
4. Acceptable use
You agree not to:
- Use the Service to violate any applicable law or regulation
- Attempt to access accounts, data, or systems that you are not authorized to access
- Reverse engineer, decompile, or attempt to extract the source code of the Service except where permitted by law
- Interfere with or disrupt the integrity or performance of the Service
- Upload or transmit content that infringes intellectual property rights, contains malicious code, or is unlawful, harassing, or abusive
- Use the Service to compete with Keva or to build a competing product
- Resell, sublicense, or redistribute the Service without our written permission
5. Customer data
The Service ingests and processes operational data on behalf of the operator that contracts with Keva (e.g. point-of-sale transactions, schedules, invoices). As between Keva and the operator, the operator owns its operational data. Keva acts as a processor with respect to this data and uses it only to provide the Service and as otherwise permitted under the operator's agreement with Keva.
Personal information of individual users is handled in accordance with our Privacy Policy.
6. Fees
Operators contract with Keva separately under a commercial agreement that governs fees. The Relay mobile app is provided at no cost to individual end users and contains no in-app purchases, subscriptions, or other in-app billable events. Any fees owed to Keva by an operator are set forth in that operator's agreement with Keva, not in these Terms.
7. Intellectual property
The Service, including all software, designs, text, graphics, trademarks, and other content (excluding operator data), is owned by Keva or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose, subject to these Terms.
You retain ownership of any content you submit to the Service. You grant Keva a worldwide, royalty-free license to use, host, store, and display such content solely to operate, provide, and improve the Service.
8. Service availability
We work to keep the Service available, but we do not guarantee uninterrupted or error-free operation. We may suspend or modify the Service for maintenance, security, legal, or other operational reasons. Service-level commitments, if any, are set forth in the operator's commercial agreement with Keva.
9. Termination
You may stop using the Service at any time. We may suspend or terminate your access to the Service if you breach these Terms, if continued provision becomes unlawful, or if your employer or contracting operator's agreement with Keva ends.
Sections that by their nature should survive termination (such as intellectual property, disclaimers, limitation of liability, and governing law) will survive.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, KEVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any data will be accurate or reliable.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, KEVA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.
Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount paid by the operator to Keva for the Service in the twelve months preceding the claim, or (b) US$100.
12. Indemnification
You will defend, indemnify, and hold harmless Keva from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms, your violation of any law, or your infringement of any third-party right.
13. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. Any dispute arising out of or related to these Terms or the Service will be resolved in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts.
14. Changes to these terms
We may update these Terms from time to time. The “Last updated” date at the top reflects the latest change. If a change is material, we will provide reasonable notice (e.g. by email or in-app notice) before it takes effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
15. Contact
Questions about these Terms:
Email: legal@kevaos.ai
Mail: Binyan Group, c/o Keva — 8430 Sunset Blvd, West Hollywood, CA 90069