Product Specific Terms

PLEASE READ THESE TERMS CAREFULLY.

The Akzis Product Specific Terms are intended to highlight some of the important things about using our different products. The Product Specific Terms form part of the Akzis Customer Terms of Service (the “TOS”) and are hereby incorporated therein.

If you are using any of the product(s) or service(s) described below, the terms corresponding to those product(s) apply to your use. We periodically update this page by posting a revised copy at https://legal.akzis.com/product-specific-terms, so please check back here for current information.

1. Akzis Ecommerce
2. Akzis Marketing
3. Akzis Email
4. Akzis Accounting
5. Akzis Academy
6. Akzis Communications
7. Akzis Consulting
8. Service Uptime Commitment
9. Customer Support
10. Akzis Alpha/Beta Services
    

1. AKZIS ECOMMERCE

Stores and Materials.

“Store” or “store” means an individual, online (not physical) storefront or a shopping cart offered through the Services identified through a unique home page URL. Multiple URLs that point to the identical home page content will be deemed a single Store. A Store can be individually configured with its own settings, payment methods, and 3rd party apps.

You are solely responsible for your Stores and Your Materials. “Laws” means applicable laws, rules, and regulations; “Your Materials” means the content, communications, text, images, video, photographs, domain names, and all other materials posted to, displayed on, or linked from your Stores; “Your Users” means your customers, patrons, subscribers, invitees, visitors, and guests of your Stores.

Compliance.

Privacy Policy. You will establish and follow a privacy policy that (a) complies with all Laws, (b) is readily accessible to Your Users, and (c) clearly discloses how you collect, use, share, secure, and disclose personal information.

User Agreement. You will enter into an agreement with Your Users that will include all pertinent provisions of these Terms and release Akzis and its licensors from any and all liability for damages or losses Your Users may incur as a result of using your Stores.

Legal Compliance. You will require Your Users to comply with (and not knowingly enable them to violate) all Laws and these Terms. All products and services accessible through your Stores and Your Materials, will comply with all Laws, including, without limitation, Laws relating to accessibility. You will promptly respond to and resolve all accessibility complaints.

Remedies.

Suspension/Termination. Without limiting the rights and remedies available to it, Akzis reserves the right in its discretion, to suspend or terminate access to your Account and your Services subscription, with or without notice, and to take any other action that Akzis determines in its discretion is necessary in order to prevent or remedy any breach by you or Your Users of the Terms.

Content Removal. Although Akzis has no obligation to monitor your Stores or Your Materials, Akzis may do so and may remove any of your Stores or Your Materials it believes may be (or are alleged to be) in violation of any Laws or the Terms, or are otherwise objectionable or offensive in Akzis’s sole discretion.

Cooperation with Law Enforcement. When legally required, or otherwise in Akzis’s discretion, Akzis will cooperate with law enforcement agencies in any investigation of alleged illegal activity related to Your Materials, Your Users, and your use of the Website or Services.

Communications.

You are solely responsible for all communications between you and Your Users. You represent, covenant, and warrant that all email communications between you and Your Users using the Services will be in compliance with your privacy policy and all Laws, including, without limitation, all Laws related to unsolicited emails, privacy, obscenity, and defamation.

Ownership & Disputes.

Generally. The entity or person who creates the Akzis Account, Akzis.shop Store, or website will generally be deemed the owner. Akzis may allow only the owner or the point of contact designated by the owner to make changes, cancellations, or designate a new point of contact.

Disclaimer. To the fullest extent permitted by applicable law, Akzis will have no obligation or liability whatsoever to you or any third party (i) to resolve any ownership dispute, or (ii) for any act taken to resolve any ownership dispute.

Remedies. If a dispute arises between you and one or more third parties concerning your ownership of your Account or your Store, Akzis may, in its discretion:

1. suspend the Store;
2. take no further action until you and such third parties promptly, conclusively, and finally resolve the dispute judicially;
3. prevent a party from operating the Store without proof of intellectual property rights in applicable store assets, such as domain names, trademarks, images, product listings (“Underlying Store IP”); and/or
4. make Underlying Store IP available to the holder of the applicable intellectual property rights.

Suspension/Termination. If you fail to resolve the dispute in a reasonable time, as determined by Akzis in its discretion, then Akzis may suspend or terminate your Account and/or your Stores until such dispute is conclusively resolved.

Judicial Determination. If a third party is identified by court order, binding arbitration, or settlement agreement as the rightful owner, then Akzis may, without any liability to you, transfer ownership of your Account and/or your Stores to the identified owner.

Design themes.

License. Akzis grants to you, for so long as you continue to subscribe and pay for the Services, a non-exclusive, revocable, worldwide license to modify, make derivative works of, and use, each licensed design theme (template) solely in conjunction with your creation of Stores/websites on the Akzis platform using the Services. Design themes are the exclusive property of Akzis, and all right, title and interest in each design theme will remain exclusively with Akzis. Design themes include any styles associated with the licensed design themes.

Multiple Stores. This license only allows you to use each licensed design theme for a single Store/website per license purchased. If you desire to use a design theme for more than one Store/website, a new design theme license must be purchased for each such Store using the design theme.

Non-Exclusivity. All design themes are licensed on a non-exclusive basis and can be reproduced and redistributed an unlimited number of times by Akzis.

Transfer. Design themes may only be used by you and may not be transferred by you to any unaffiliated third party without the prior written consent of Akzis in each instance. For clarity, you may not license, sublicense, assign, transfer, redistribute or sell any design themes or derivative works thereof to any third party.

Support. If you customize a design theme via any tool other than the Akzis.shop Theme Editor or Style Editor, you willingly forfeit your rights to receive technical support regarding the theme.

Installation. It is your responsibility, and not Akzis’s, to ensure that the installation of a new design theme does not overwrite or damage your current or preexisting theme, or UI. Akzis.shop provides a built-in utility to allow a user to save all data when a new template/theme is used.

Certain Services.

Migration Services. Akzis offers migration services to customers purchasing select Service plans (as described on our Website) or for an additional fee. Akzis supports most standard shopping cart database schemes by default. Our migration Services do not guarantee proper migration of the custom data, fields or information handled by third-party modules and/or contributions. We recommend that data is migrated into a Store that is not live (visible to the public and/or transacting). If for any reason you require migration Services to transfer data into a live Store, we recommend that your Store is placed in ‘maintenance mode’ during the data transfer, as importing large amounts of data can disrupt business flow within a live Store site. The Akzis Migration Team will make every effort to complete the migration during off hours to the commonly used timezones of the majority of your buyers and site visitors.

Onboarding Services. Our onboarding services include configuration of basic Akzis store settings and is available to customers purchasing select Service plans (as described on our Website) or for an additional fee.

No Refund. Unless included in a select Service plan, migration Services and onboarding Services are Services for which we charge a one-time, upfront, non-refundable fee.

2. AKZIS MARKETING

We are committed to delivering you an amazing experience with the Akzis Marketing suite of products which include, but are not limited to, email marketing services, social media marketing and automatic posting, digital advertising including management of paid advertising campaigns, content marketing, lead generation, reputation management, integrated chatbot technologies. This commitment is rooted in our belief that machine learning is more than a talking point – it is the future of every industry. In many industries, this technology which is colloquially known as AI is an overused term that often includes false promises to sell solutions. Akzis AI is the next generation of ad tech, and we are committed to improving its performance to help you achieve maximum conversion rates and return on advertising spend (ROAS).

Akzis Marketing AI Specific Terms of Service

These General Terms, the Acceptable Use Rules, the Payment Terms, (collectively, the “Akzis AI Terms”) govern access to and use of any websites, products, or services (collectively “Services“) offered by the Akzis Marketing suite of products and services. (“AKZIS Marketing” or “we“).

OUR SERVICES ARE NOT FOR CONSUMERS OR PRIVATE OR HOUSEHOLD PURPOSES, BUT ARE ONLY FOR BUSINESSES AND PROFESSIONAL USERS. YOU MUST NOT ACCESS OR USE OUR SERVICES UNLESS (A) YOU ARE ACTING IN A BUSINESS OR PROFESSIONAL CAPACITY, (B) YOU ACCEPT THE AKZIS MARKETING AND AI TERMS ON BEHALF OF YOURSELF AND, IF APPLICABLE, YOUR ORGANIZATION, AND (C) IF YOU ARE ACTING ON BEHALF OF YOUR ORGANIZATION, AND YOU ARE AUTHORIZED TO DO SO. IF YOU ACCESS OR USE ANY OF OUR SERVICES, THE AKZIS MARKETING AND AI TERMS FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND, IF APPLICABLE, YOUR ORGANIZATION (COLLECTIVELY REFERRED TO AS “YOU” HEREINAFTER) AND AKZIS. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 12 BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND AKZIS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Acceptable Use Policy

YOU MUST

• Ensure that you and your Authorized Users comply with all applicable Akzis Marketing Terms.
• Upload and disseminate only accurate and lawful Ad Content which you control, or own all required rights to.
• Use commercially reasonable efforts to prevent unauthorized access to or use of the Services.
• Keep your Login Information confidential.
• Monitor and control all activity conducted through your account in connection with the Services.
• Promptly notify us if you become aware of or reasonably suspect any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any of your Authorized Users’) information.
• Comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services, including the applicable Third-Party Terms.

YOU MUST NOT

• Make the Services available to anyone other than your Authorized Users.
• Permit any third party to access or use your (or any of your Authorized Users’) Login Information or account for the Services.
• Use our Services to process non-publicly available information or any sensitive personal data.
• Sell, trade, or otherwise transfer your account to another party.
• Use the Services to store or transmit any content, including Ads Content, that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate the intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law.
• Upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful components.
• Attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services or those of Third Party Services (including any mechanism used to restrict or control the functionalities), or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law).
• Attempt to gain unauthorized access to the Services, the Third-Party Services, or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services or the Third-Party Services.
• Access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services or the Third-Party Services.
• Engage in abusive practices, or use the Services for redistribution, syndication, or deceitful activities.
• Authorize, permit, or encourage any third party to do any of the above.

Your Rights and Obligations

Access to Services: We grant you a non-exclusive, non-transferable, revocable, limited, personal right to access our Services. We do not authorize other use or access, including, without limitation, by robots, spiders, crawlers and scraping technologies. You are responsible for setting your own username and password (“Login Information”) and should not allow any third party to access or use your Login Information. You are responsible for all individuals that access the Services through your Login Information (“Authorized Users”). You and your Authorized Users may use the Services only for your own business, not to access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services.

Facebook or Google Ads Account: We provide you with a technical application that allows you to publish and manage ads on Facebook and Google Ads. Therefore, in order to use our Services, you must be a registered Facebook or Adwords user and have an advertising account with Facebook or Adwords.

Ads Content: You are solely responsible for all Ads Content that you or your Authorized Users upload, publish, display, link to, or otherwise make available via the Services. We have the right but no obligation to review, filter, block, or remove any Ads Content that you publish or make available via our Services. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ADS CONTENT POSTED ON OR MADE AVAILABLE THROUGH OUR SERVICES BY YOU OR ANY OTHER THIRD PARTY. “Ads Content” includes all information, text, images, photos, videos, audio, documents and other content in any media and format which is provided or made available to us in connection with your use of the Services.

Third Party Content and Services

We are not responsible for any services provided by Facebook, Google Ads (the “Advertising Platforms”), or for any other services, information or content accessed or purchased through Akzis Marketing, which you may be able to access, use or connect to with our Services (together, the “Third-Party Services“). If you access a Third-Party Service through us, you do so at your own risk. When accessing Facebook or Google Ads services, you are responsible to comply with all of their terms, conditions, policies and guidelines which they may impose on their users including those published at:

• Facebook Terms
• Facebook Ads Policies
• Google Ads Terms and Conditions
• Google Adwords Policy

(the “Third-Party Terms”). You remain responsible for the payment of the ads purchased through our Services directly to the Advertising Platforms.

You understand that we have the right but no obligation to preview, verify, flag, modify Ads Content and that you must bear all risks associated with the publishing of ads on the Advertising Platforms. You also agree that Services interoperate with Advertising Platforms, and that our Services are highly dependent on the availability of the Advertising Platforms. If at any time the Advertising Platforms cease to make their features or programs available to us on reasonable terms, we may cease to provide access to such features or programs to you. We assume no responsibility or liability related to Ad Content or to any Ad Content not being transferred to or published on the Advertising Platforms as a result of a malfunction in our Services.

Confidentiality and Data Protection

Confidentiality: If we share nonpublic information about our Services to you, you must keep it confidential and use reasonable security measures to prevent disclosure or access by unauthorized persons.

Personal Data. We will not use or control any of the personal data that you process with our Services, we merely offer you tools with which you can process data. You must comply with all applicable data privacy and data protection laws.

Data Retention. We will keep the information until the customer required to be deleted from our records, to apply this please email datadept@akzis.com to start the process of deletion.

Intellectual Property

Ads Content: You retain all right, title and interest to your Ads Content which you may upload to or with our Services. We will not use your Ads Content except for purposes of providing, supporting and improving our Services and in full compliance with all Akzis Marketing terms.

Feedback: You may from time to time provide suggestions, comments or other feedback to Akzis Marketing with respect to the Services (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for us. Notwithstanding the foregoing, we will not disclose to any third party that you are the source of any Feedback. You shall, and hereby do, grant to us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.

Services: We retain all right, title, and interest in and to the Services.

Charges and Payment Terms: You must timely pay all applicable fees based on our payment terms. You remain responsible at all times for the direct payment of the ads purchased through our Services to the Advertising Platforms.

Cancellation: You can cancel billing on our subscription package when you are not running any campaigns. Billing will resume when the Akzis Marketing service(s) is reactivated.

Termination for Cause: We may both terminate the Akzis Marketing’s Terms, effective immediately, if the other party commits a material breach of the Akzis Marketing Terms and fails to remedy such breach within thirty (30) days of receiving a written request to cure. Additionally, we may suspend or terminate your access to the Services if you violate any Acceptable Use Policy or use the Services in a way that creates risk or possible legal exposure to us, other customers or others. If you terminate the Akzis Marketing Terms for cause, we will refund any prepaid fees as of the termination date.

Effects of Termination: Upon cancellation or termination of the Services by either party for any reason: (i) we will cease providing you Services and you will no longer be able to access your account; (ii) unless otherwise provided in these Akzis Marketing Terms, you will not be entitled to any refunds, and you shall pay us all unpaid amounts owing. All provisions of the Akzis Marketing Terms that by their nature are intended to survive, including but not limited to any disclaimer of warranty and limitation of liability provisions, shall survive the termination or expiry of the Akzis Marketing Terms.

Warranty Disclaimer

WE OFFER THE SERVICES “AS IS,” WITHOUT ANY EXPRESS WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS UNLESS WE EXPRESSLY AGREE TO A LIMITED WARRANTY.

Disclaimers

YOU USE ALL SERVICES AT YOUR OWN RISK. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON-INFRINGEMENT, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OUR SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, WE DISCLAIM ANY RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES (INCLUDING FACEBOOK OR GOOGLE ADS) OR ACTIVITIES, ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ADVERTISING PLATFORMS, ANY HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN (INCLUDING ADS CONTENT). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE AKZIS MARKETING’S TERMS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Sole Remedy

IF YOU ARE DISSATISFIED WITH OUR SERVICES OR HARMED BY US OR BY ANYTHING RELATED TO OUR SERVICES, YOU MAY TERMINATE THE AKZIS MARKETING SERVICE(S) IN ACCORDANCE WITH OUR CANCELLATION SECTION.

Indemnification

You shall defend, indemnify, and hold harmless Akzis Marketing, and our affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature that are in connection with or arising out of a claim (a) alleging that your Ads Content infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates any applicable law; (b) relating to, or arising from, Ads Content or your breach of any Akzis Marketing’s Terms or (c) relating to, or arising from, your use of any Third-Party Services (including your breach of the Third-Party Terms).

Limitation of Liability

CAP: OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND SHALL NOT EXCEED THE GREATER OF (A) THE FEES WE RECEIVED FROM YOU FOR THE SERVICES SUBJECT TO THE CLAIM DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE AND (B) USD $500.

EXCLUSION: WE SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER ASPECT OF THE AKZIS MARKETING’S TERMS. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

SCOPE: THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11 SHALL (A) ALSO BENEFIT OUR AFFILIATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS, (B) APPLY TO ANY CLAIMS BROUGHT BASED ON ANY CAUSE OF ACTION, INCLUDING BREACH OF CONTRACT, TORT, STATUTE OR OTHER LEGAL THEORY, AND (C) NOT APPLY IF YOU CAN PROVE THAT: (I) OUR NEGLIGENCE CAUSED DEATH OR PHYSICAL INJURY; (II) WE CAUSED DAMAGES INTENTIONALLY OR WITH WILLFUL MISCONDUCT; OR (III) APPLICABLE LAW DOES NOT ALLOW A LIMITATION AS CONTEMPLATED IN THE Akzis Marketing’s TERMS (IN WHICH CASE THE LIMITATIONS OF LIABILITY IN THE AKZIS MARKETING TERMS SHALL BE REDUCED TO THE MAXIMUM LIMITATION THAT IS VALID AND ENFORCEABLE UNDER APPLICABLE LAW).

BASIS OF BARGAIN: THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE AKZIS MARKETING TERMS BETWEEN THE PARTIES AND LIMIT AKZIS MARKETING’S POTENTIAL LIABILITY IN APPROPRIATE RELATION TO THE FEES CHARGED UNDER THE AKZIS MARKETING TERMS, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE AKZIS MARKETING TERMS.

Governing Law, Arbitration, Class Action Waiver

Choice of Law: These Akzis Marketing’s Terms and any dispute arising out of or in connection with these Akzis Marketing Terms or Services (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction, and performance of these Akzis Marketing’s Terms, by and under the laws of the State of Delaware and/or Texas, without giving effect to conflicts of law principles thereof.

Injunctive Relief: Either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). Also, the provisions of this Section 12.3 may be enforced by any court of competent jurisdiction.

Binding Arbitration: All Disputes shall be finally resolved by binding arbitration before three (3) arbitrators pursuant to the rules (“Rules”) and under the auspices of the American Arbitration Association. In accordance with the Rules, each party shall select one arbitrator and the two arbitrators so selected shall select the third arbitrator. The arbitrators shall be knowledgeable in the chosen law and the online advertising industry. At either party’s request, the arbitrators shall give a written opinion stating the factual basis and legal reasoning for their decision. The arbitrators shall have the authority to determine issues of arbitrability and to award compensatory damages, but they shall not award punitive or exemplary damages. The parties, their representatives, and any other participants shall hold the existence, content, and result of the arbitration in confidence. The arbitration proceedings shall be conducted in the English language and take place in Texas, or any other place to which all three arbitrators agree unanimously.

Miscellaneous

Assignment: You may not assign or otherwise transfer any of your rights or obligations hereunder, whether by merger, sale of assets, change of control, operation of law, or otherwise, without our prior written consent. Any attempted assignment or transfer without such consent will be void. We may freely assign or delegate all rights and obligations under these Akzis Marketing Terms, fully or partially, without notice to you. We may also substitute by way of unilateral novation, effective upon notice to you, any third party that assumes our rights and obligations under these Akzis Marketing Terms.

Severability: Each provision of these Akzis Marketing Terms is severable. If any provision of these Akzis Marketing Terms is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of these Akzis Marketing Terms or of that provision in any other jurisdiction.

Force Majeure: Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where and such failure results from any cause beyond such party’s reasonable control, including without limitation: if one or several third parties change their offerings or terms or no longer offer their services to you or Akzis Marketing at reasonable terms; denial of service attacks; acts of God; acts of war; acts of terrorism; labor disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.



Entire Agreement: These Akzis Marketing Terms constitute the entire agreement between the parties with respect to the use of the Akzis Marketing and AI Services and supersede any prior or inconsistent agreements, negotiations, representations, and promises, written or oral, with respect to the subject matter and is binding upon the parties and their permitted successors and assigns. We do not accept and we hereby expressly reject any additional terms that you may present, including, without limitation, terms in a unilateral notice from you to us or preprinted on a purchase order form or any other form generated by you; any such terms shall be null and void.

3. AKZIS EMAIL

The following are the product specific terms and conditions for use of Akzis Inbox service including present and future related Internet products that work with or are powered by Akzis Inbox (i.e. Akzis Inbox Encryption) and other services, which may be offered from time to time for use with your Akzis Inbox account (each feature individually and collectively referred to as the “Service”).

Each user is solely responsible for his or her transmissions through Akzis Inbox.

• As a condition of your use of the Service, you affirm to Akzis, that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
• By activating and adding email addresses to Akzis Inbox, you agree to be bound by the terms outlined in this Service Agreement. Akzis may, at its sole discretion, immediately terminate service without cause or notice, should the user’s conduct fail to conform to these conditions.
• Akzis Inbox is an Internet-based service, and we use the Internet to send and receive certain types of communications. You agree to be bound by Internet regulations, policies and procedures.
• You agree to comply with all applicable local, state, national and international laws and regulations. You also agree to not use Akzis Inbox for illegal purposes; to not interfere or disrupt networks connected to this service; and to comply with all the rules, policies and procedures connected to this service.
• You will not use Akzis Inbox to send junk email, spam, chain letters or use email lists that contain any person that has not specifically agreed to be included on that list.
• You agree not to transmit, or allow others to use your address to transmit, through Akzis Inbox, any objectionable material including, but not limited to, unlawful or harassing, libelous, abusive, threatening, harmful, vulgar or obscene material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate items discussed in #2 above.
• You agree to not interfere with another member’s use and enjoyment of Akzis Inbox or another similar service.
• You agree not to harvest or otherwise collect information about others, including email addresses, without their consent.
• You will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
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Account Termination

Akzis may terminate your access to the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Akzis has no obligation to store or forward the contents of your account.

Maintaining An Account

You are entirely responsible for maintaining the confidentiality of your passphrase and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

Liability

The information and services included in or available through the Service may include inaccuracies or errors. Akzis may make improvements and/or changes to the Service at any time without notice.

Akzis does not guarantee that Akzis Inbox will be uninterrupted or error-free, that bugs or malfunctions will be corrected, or that the Service and its servers are free of harmful components. Akzis does not guarantee that the uses of its Service, or the materials provided within the Service, are accurate, without error, or reliable.

Akzis provides its Service strictly on an “as is” basis. The Company, to the extent permitted by law, excludes all warranties or covenants in regards to the availability, reliability, or timeliness of the Service. Akzis is not responsible for the appropriateness of the Service for any one purpose.

Akzis will not be held responsible for any and all damages whatsoever as a result of the loss of use, data or profits connected to the performance of Akzis Inbox. The user is solely responsible for any and all information that passes through the Akzis Inbox servers. Akzis is not responsible or liable for any product or service acquired or requested using the Service. The sole remedy is for users to discontinue their use of Akzis Inbox and its related Websites.

Users of the electronic signature feature acknowledge that laws that they may be subject to, and certain documents, have specific legal requirements that may apply to them, and agree that they are solely responsible for determining the appropriateness of the Akzis Inbox electronic signature feature for the execution of their documents. Akzis does not accept any responsibility or liability for or in connection with the use of the electronic signature feature or the making of any such determination.

Encryption and Data Retrieval

You agree that the Akzis Inbox service is encrypted using best-of-breed technologies. The user is solely responsible for maintaining possession of the account passphrase and/or encryption key. The user acknowledges that the loss of this passphrase or key will result in the loss of all account messages and information and cannot be remedied by Akzis or its employees.

Indemnification

You agree that Akzis, its parents, affiliates, subsidiaries, officers and employees, cannot be held responsible for any third party claim, demand, or damage, including reasonable legal fees, arising out of your use of the Service.

Message Storage, Sending Messages and Messaging Limitations

The amount of email storage space per member is limited; please visit the product page for more information. Some email messages may not be processed due to space constraints or outbound message limitations. You agree that Akzis is not responsible or liable for the deletion or failure to store messages or other information.

Third Party Sites, Advertisers, and Promotions

The links included within this Website may allow you to leave the Akzis Inbox site and visit third party sites. These third party sites are not under the control of Akzis. Akzis is not responsible for the contents of any third party site, nor is Akzis responsible for the functionality of any third party site. Akzis provides links to our service to you strictly as a convenience. A link’s inclusion in an Akzis site does not endorse the site or their operators. Any promotions sponsored by Advertisers to the Service or dealings with the Advertisers directly are solely between you and that third party. Akzis is not responsible in any part of any such connections or dealing with advertisers or their promotions.



Modifications to Product Specific Terms, Terms of Service, Member Policies

Akzis reserves the right to review and change this agreement regarding the use of the Service at any time and to notify you by posting an updated version of the agreement on this Website. You are responsible for regularly reviewing Akzis policies. Continued use of the Service after any such changes shall constitute your consent to such changes.

4. AKZIS ACCOUNTING

The following are the product specific terms and conditions for use of Akzis Accounting, Payroll, Mobile Accounting, and Financial Products. Each feature, or module, individually and collectively referred to as the “Service”).

User Roles and Access

As a subscriber inviting others into a subscription, you should understand the permissions you’re granting to invited users as well as the corresponding data you authorize invited access.

Subscriber Role

As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it. Akzis Accounting provides flexibility, empowering you to take command of associated data. For example:

• You can transfer a subscription
• You control access to a subscription. You decide who’s invited to use our services you’ve subscribed to and what kind of access the invited user has. You can change or stop that access at any time
• You’re responsible for resolving any disputes with any invited users over access to your subscription
• You’re responsible for all your invited users’ activity

Taxes For Your Use of Our Services

You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes.

Anonymized Statistical Data

When you use our services, we may create anonymized statistical data from your data and usage of our services, including through aggregation. Once anonymized, we may use it for our own purposes, such as to provide and improve our services in a machine learning capacity including, but not limited to, the development of new services or product offerings, to identify business trends, and for other uses we communicate to you.

Apps and Third-Party Products and Other Services

The Akzis Accounting ecosystem includes apps and other products and services made available via integrations by trusted companies for your convenience and to extend the capabilities of the platform. These third-party applications include but are not limited to multi-currency functionality and bank account integrations.

Any third party providing a third-party product is a provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us.

Yodlee and Bank Feeds

Bank feeds automatically import transactions from your bank or financial institution directly into your Akzis Accounting module or service, eliminating the need to import transactions manually. Your use of automated bank account feeds enabled by Yodlee from within our services is subject to separate Yodlee terms. If your bank or credit union connects to Akzis Accounting directly, as many do, you may use those feeds instead of Yodlee. Bank feeds are generally offered for free, but may have associated charges that we will pass on to you. You may discontinue the use of a bank feed at any time. If you receive a bank feed and are based in the United Kingdom, Akzis’ additional terms for Account Information Services apply.

Use of Your Data to Connect You to Third Party Products

If you choose to connect your Akzis Accounting product or service to third-party products, we will use your personal data for that connection. Where we receive data as a result of that connection, we will use that data in line with our privacy notice and these terms. If that third-party product is the Gmail app, our use of any data received from Gmail APIs will also comply with Google’s Limited Use Requirements.

No Professional Financial or Tax Advice

Akzis Accounting isn’t a professional services firm, and does not purport to provide or offer any kind of professional advice. Akzis Accounting is a machine-learning and automated technologically advanced financial service and is not a replacement for a professional financial adviser or accountant. Akzis Accounting may provide you with information considered useful in running a business, but this should not be seen as a substitute for professional advice. Akzis is not liable for your use of the information.

Interpretation

Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

5. AKZIS ACADEMY

We may offer educational classes or certifications through Akzis Academy. The descriptions of these educational classes and certifications, and the terms and conditions that apply to your participation, are available at https://www.akzisacademy.com/.

By participating in an Akzis Academy educational class or certification, you agree to abide by the applicable terms and conditions that are made available to you at https://www.akzisacademy.com/.

6. AKZIS COMMUNICATIONS

The following product specific terms apply to Akzis Communications services and features represented in the Akzis Communications, Akzis VOIP, Akzis Instant Connect, and related modules.

Calling via the Subscription Service

You agree to comply with all applicable laws, rules and regulations relating to telephonic communications. Your use of the calling feature within the Akzis Communications suite of services is limited to the number of minutes included in your Subscription Service; only Professional and Enterprise customers may purchase additional minutes at any time as a limit increase as listed in our Product and Services Catalog. We do not guarantee the availability of our calling feature in any or all geographical areas. If you are interested in obtaining a list of countries to which we currently offer calling, please contact our Support team. We may update this list at any time without notice to you. We may also disable your ability, or charge you a fee, to make calls to certain countries if we choose to, even if we generally offer calling to these countries. One reason we may do this is if you are making a disproportionate or excessive number of calls to these countries.

Call Recording

You agree to comply with all applicable laws, rules and regulations relating to the recording of phone calls or other electronic communications. You also agree to obtain proper consent to record phone calls prior to making any recordings as required by applicable law. While the Akzis calling tool includes features to help you comply with call recording laws, we make no representation or warranty with respect to these features. You may use Akzis tools to record your calls or to import call recordings from another source. You agree to be responsible for any content and communications exchanged on calls. You represent and warrant that you have obtained all necessary rights to share such content and communications with us and allow us to process and use them to provide the Subscription Service to you.

7. CONSULTING AND OTHER SERVICES

You may purchase Consulting Services by placing an Order with us. Unless we otherwise agree, the Consulting Services we provide are described in the Product and Services Catalog and will be delivered in English. Fees for these Consulting Services may be in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription.

Location

All Consulting Services are performed remotely, unless you and we otherwise agree. For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice.

Delivery

If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description, which expiration period will commence upon purchase (the “Expiration Period”).

If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If there is no Expiration Period or Delivery Period indicated, then it will be one hundred and eighty (180) days from purchase.

If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed to be complete at the end of the Delivery Period. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services.

Third Party Providers

We might provide some or all elements of the Consulting Services through third party service providers.



Consulting Services are non-cancellable, and all fees for Consulting Services are non-refundable.

8. SERVICE UPTIME COMMITMENT

For the purposes of this ‘Service Uptime Commitment’ section, the following definitions shall apply:

“Priority 1” means a critical full outage/severe issue that constitutes a catastrophic problem that causes complete inability to use the Subscription Service, excluding Free Services, across a significant portion of the production environment (e.g. crash or hang), resulting in production downtime and where there is no workaround or solution to the problem.

“Excluded” means the following:

(i) unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or any other force majeure event or factors;

(ii) any problems resulting from Customer’s combining or merging the Subscription Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Subscription Service;

(iii) interruptions or delays in providing the service resulting from telecommunications or internet service provider failures outside of our datacenter as measured by our third party website availability monitoring provider; and

(iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service.

“Service Uptime” means (total hours in calendar month – unscheduled maintenance which causes unavailability – Priority 1 issue durations – scheduled maintenance – Excluded) / (Total hours in calendar month – scheduled maintenance – Excluded) X 100%.

8.2 We will use commercially reasonable efforts to meet a Service Uptime of 99.95% for our Subscription Service in a given calendar month. All availability calculations will be based on our system records. Notwithstanding anything to the contrary in this Agreement, as Customer’s sole and exclusive remedy for failure to meet availability or support commitments, in the event there are two (2) or more consecutive calendar months during which the Service Uptime falls below 99.95% in a given calendar month, Customer will be entitled to receive a credit equal to the prorated amount of fees applicable to the downtime as measured within two (2) or more consecutive calendar months during which the Service Uptime fell below 99.95%, which credit shall be applied against an invoice or charge for the following renewal Subscription Term, provided Customer requests such credit within twenty (20) days of the end of the relevant calendar month. Notwithstanding anything to the contrary in the Agreement or this section, this ‘Service Uptime Commitment’ section does not apply to any services provided free of charge including, but not limited to, free modules or promotional upgrades.

9. CUSTOMER SUPPORT

Akzis is dedicated to providing industry-leading customer service and technical support. Email and in-app support via the Akzis Support Ticket System is included at no additional cost. The availability of live technical support chat assistance is not guaranteed.

Phone Support

Phone support may be made available for an additional fee or for Enterprise subscriptions. The premium service is available 8pm Sunday to 8pm Friday EST (Eastern Standard Time), with reduced hours during holidays in Singapore, Czechia, Bulgaria, Poland, and the US. We accept email and ticket support questions 24 hours per day x 7 days per week. Email and ticket questions can be submitted through the help widget in the lower right-hand corner of your account, or by going to our help page at https://help.akzis.com.

Email and Ticket Support

Akzis customer service and product technicians attempt to respond to email and ticket support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of Akzis representatives. Your kindness to Akzis employees is appreciated.

Support Limitations

Issues resulting from your use of API’s or your modifications to code in the Subscription Service may be outside the scope of support. We will only provide support for integrations which are listed in-app as being supported by Akzis.

10. AKZIS ALPHA/BETA SERVICES

If we make alpha or beta access to some or all of the Subscription Service (the “Alpha/Beta Services”) available to you (i) the Alpha/Beta Services are provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Alpha/Beta Services for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind, except in respect of losses that cannot be legally limited or excluded under law, related to your use of the Alpha/Beta Services.

For all Beta Services, the following terms also apply: Beta Testing Policy.

If we inform you of additional terms and conditions that apply to your use of the Alpha/Beta Services, those will apply as well. We might require your participation to be confidential, and we might also require you to provide feedback to us about your use of the Alpha/Beta Services. You agree that we own all rights to use and incorporate your feedback into our services and products, without payment or attribution to you.