Last updated: 3 August, 2021
2. Eligibility You (“you” or “User”) represent and warrant that you are at least 18 years of age. If you are under age 18, then you may not, under any circumstances or for any reason, use the Service. We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria for using the Service at any time. The right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale, or provision of the Service conflicts with any applicable law, rule, or regulation. Further, the Service is offered only for your use and not for the use or benefit of any third party. For the avoidance of doubt, and as more fully described herein, you may not use the Service to the extent you provide, are developing, or plan to develop, an offering that is similar to or competitive with the Service.
3. Account Information
a. Registering for an Account
b. Your Responsibility for Your Account You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password. When creating your account, you must provide accurate and complete information. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. It is your sole responsibility to (i) control the dissemination and use of your account and password; and (ii) promptly inform us of any need to deactivate an account or password. We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach the security of another account.
4. Akiflow Content All materials on the Service, including the Service itself and all Intellectual Property Rights (defined below) contained therein or related thereto, including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, the “Content”), including but not limited to the design, structure, arrangement, and “look and feel” of such Content, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other intellectual property rights and laws. Other than as provided herein, Akiflow does not grant to User any license, express or implied, to the intellectual property of Akiflow or its licensors. Except as expressly provided in the Terms of Service, no part of the Service and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. Subject to the terms and conditions of this Agreement, Akiflow provides you with a non-exclusive, revocable license to use the Service as expressly permitted by the features and functionality of the Service and the Terms of Service. Akiflow may terminate this license at any time for any reason or no reason. For the avoidance of doubt, you acknowledge and agree that no part of the Service or the Content may be copied, reverse engineered, or used in any way to create an offering similar to, or competitive with, the Service. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
6. Your Data You will retain ownership of any data, information, or material originated by you that you transmit through the Service (“User Data”) – for example, User Data from your accounts with third-party services that pass through the Service. You shall be solely responsible for the accuracy, quality, content, and legality of User Data, the means by which User Data is acquired, and the transmission of User Data outside of the Service. You represent and warrant that you have all rights necessary to transmit User Data through the Service and to otherwise have User Data used as part of the Service or as otherwise contemplated herein.
7. Aggregated and/or Anonymized Data Notwithstanding anything to the contrary set forth herein or otherwise, Akiflow will have the right to collect and analyze data and other information relating to the provision, use or performance of the Site and/or Service and related systems and technologies (including information concerning User Data and data derived therefrom), and to aggregate and/or anonymize all such data and information. Akiflow will be free at any time to (i) use such information and data to improve and enhance Akiflow’s offerings; and (ii) disclose such data in aggregate or other de-identified forms in connection with its business.
8. Feedback We are always looking for new ways to improve our Service. You may choose to or we may invite you to submit comments, ideas, or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Akiflow under any fiduciary or other obligation, and that we are free (but not obligated) to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Akiflow does not waive any rights to use similar or related Feedback previously known to Akiflow, or developed by its employees, or obtained from sources other than you.
9. Use of the Service Your use of the Service is subject to all applicable laws and regulations. You may not (and may not allow any third party to):
● use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, the program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any portion of the Service or any Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service; ● attempt to gain unauthorized access to any portion of the Service or any Content, or any systems or networks connected to the Service, by hacking, password “mining” or any other illegitimate means; ● probe, scan or test the vulnerability of the Service or any Content, or any system or network connected to the Service; ● reverse look-up or trace any information of any other User or visitor or otherwise use the Service for the purpose of obtaining information of any other User or visitor; ● transmit spam, chain letters, or other unsolicited emails; ● use the Service for any commercial solicitation purposes; ● take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; ● upload invalid data, viruses, worms, or other software agents through the Service; ● impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; ● collect or harvest any personally identifiable information, including account names, from the Service; ● use any device, software or process to interfere with, or attempt to interfere with, the proper working of the Service or any Content, or any systems or networks connected to the Service, or with any other person’s use of the Service; ● reverse engineer the Service or any Content, or otherwise use the Service or the Content to provide or develop an offering that is similar to, or competitive with, the Service; or ● use the Service or any Content for any purpose that is unlawful or prohibited by the Terms of Service. Any unauthorized use of the Service or any Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
10. Use of Software Any software that is made available via the Service, including the App (“Software”), shall be governed by the terms of the license agreement that accompanies the software or is posted with the software download or at the Sites page where the software can be accessed; provided, however, if no such license agreement is made available, we grant you a limited, revocable, worldwide, royalty-free, non-assignable, non-exclusive license to use the Software for your personal, noncommercial use in accordance with the Terms of Service. In the event of any inconsistency between the Terms of Service and any license agreement, the license agreement shall govern in relation to the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. You do not have the right to sublicense the Service, download or modify any portion of the Service, or resell the Service. If you violate the Terms of Service, we reserve the right to terminate your license to the Service without notice. The Software may automatically download and install updates from us from time to time. These updates are designed to improve, enhance and further develop the software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you with or without your knowledge) as part of your use of the Software.
11. Billing and Payment Users of the Service may be required to provide their credit card or bank account details to Company or the payment service provider retained by Company. Users will be responsible for paying agreed-upon fees for the Service. Users of the Service will be liable for any taxes required to be paid on the Service provided under the Agreement (other than taxes on the Company’s income). All paid plans must enter a valid payment account. [Free accounts are not required to provide payment account information. An upgrade from the free plan to any paying plan will trigger a bill.] [For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.]
12. Changes to the Service Akiflow is constantly innovating and finding ways to provide our Users with new features and services. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service, to you or to Users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason.
14. Disclaimer of Warranties and Limitation of Liability THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES, OR OTHER DEFECT, AND NON-INFRINGEMENT.