Terms of Service

Your rights and responsibilities when using Zerka.

Terms of Service

Last Updated: April 24, 2026

Welcome to Zerka (the "Service," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Zerka desktop application, website, and associated cloud services. Zerka is owned and operated by Holmes Ayala, acting as an individual sole proprietor.

By registering for an account, downloading the desktop application, or otherwise accessing the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Description of Service

Zerka provides a desktop application designed to help users capture screenshots, record screens (including camera, microphone, and system audio), edit and annotate images, and manage these files either locally on their device or via our cloud storage infrastructure.

2. Eligibility

You must be an adult of legal age in your jurisdiction (typically 18 years or older) to use this Service. By agreeing to these Terms, you represent and warrant that you meet this age requirement.

3. Account Registration and Authentication

To access the Service, you must create an account. Authentication is provided by Auth0, allowing social login through Google and Microsoft. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

4. Subscriptions, Billing, and Payments

Zerka operates on a subscription model with the following tiers:

  • Trial Plan: Free of charge ($0). Valid for 15 days from the date of registration. Includes 1 GB of cloud storage.
  • Pro Monthly Plan: $10 USD plus local applicable taxes. Valid for 30 days from the payment date. Includes 100 GB of cloud storage.
  • Pro Yearly Plan: $96 USD plus local applicable taxes. Valid for 1 year from the payment date. Includes 100 GB of cloud storage.

Merchant of Record: All payments, order processing, tax collection, and subscription management are conducted by our designated Merchant of Record, Paddle. By purchasing a subscription, you also agree to Paddle's respective terms and privacy policies regarding payment processing.

5. Intellectual Property

Our Property: The Zerka software, desktop application, web infrastructure, branding, and all associated intellectual property are owned exclusively by Holmes Ayala.

Your Property: You retain all ownership rights to the screenshots, recordings, and files you create ("User Content"). You are solely responsible for the content you capture and store.

6. Acceptable Use, Prohibited Actions, and Copyright (DMCA) Policy

You are granted a limited, non-exclusive, non-transferable license to use the Service.

Prohibited Actions: You strictly agree not to:

  • Reverse engineer, decompile, modify, adapt, or disassemble the software.
  • Illegally distribute, sublicense, or resell the software.
  • Use the Service to capture, store, publicly share, or distribute malicious code, illegal content, or content that violates the intellectual property, privacy, or legal rights of others.

We reserve the right to immediately deactivate or terminate any account if we identify abuse of the Service or a violation of these Terms.

Copyright and DMCA Policy:
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond expeditiously to valid notices of copyright infringement associated with publicly shared files hosted on our Service.

If you believe your copyrighted work has been infringed, please submit a written takedown notice to our Designated Copyright Agent at [email protected] containing the following:

  1. A physical or electronic signature of the copyright owner or authorized representative.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing, including the specific public Zerka URL to permit us to locate the material.
  4. Your contact information, including your address, telephone number, and email address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Repeat Infringer Policy: We maintain a strict repeat infringer policy and will terminate the accounts of users who are the subject of multiple valid DMCA takedown notices.

7. User Data, Storage, and Retention

  • Data Deletion Post-Expiration: If your subscription expires and is not renewed, your uploaded files will be permanently deleted from our cloud servers after a specific grace period:
    • Trial Plan: Files are deleted 5 days after the trial expiration date.
    • Pro Plans: Files are deleted 15 days after the subscription expiration date.
  • Trial Abuse Prevention: If you request account deletion, or if we deactivate your account, we will permanently delete your stored files. However, we retain your email address solely to prevent abuse of the free Trial Plan by identifying returning users.
  • Technical Support Logs: The desktop application generates local log files detailing its operation to assist with bug identification. These logs are stored solely on your local device. They are only sent to us if you manually provide them when requesting customer support.

8. Third-Party Services

Zerka relies on third-party services to function, including Contabo (United States East Servers), Cloudflare R2 (Eastern North America Storage), Cloudflare (DNS and DDoS protection), Auth0 (Authentication), and Paddle (Payments). We are not liable for any downtime, data loss, or breaches directly attributable to these third-party providers.

9. Limitation of Liability and Disclaimers

"As Is" Basis: The Service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We do not guarantee that the software will be entirely free of errors or bugs, though we make our best effort to avoid downtime.

Local Environment: We are not responsible for the environment where the desktop application is installed. If your machine contains malicious software that compromises your user content, Zerka holds no liability.

Limitation: To the maximum extent permitted by applicable law, in no event shall Holmes Ayala be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising out of or related to your use of the Service.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Colombia, without regard to its conflict of law provisions. Any legal action or proceeding related to the Service shall be brought exclusively in the competent courts located in Colombia.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or an in-app notification 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the new Terms.

12. Customer Support and Contact

Customer support is provided exclusively via email. For assistance, inquiries, or to submit local log files for troubleshooting, please contact us at: [email protected]