Please read these customer terms and conditions (“Terms and Conditions”) before accessing the Akita Customer Success Management Platform (“Service”) accessed at the top level internet domain AkitaApp.com (“Website”). These Terms and Conditions apply to all Customers who access the Website or use the Service.
The Website and Service are owned and operated by Akita Ventures Limited, a private limited company registered in Ireland with number 540357 whose registered office is at NDRC, The Digital Exchange Building, Crane Street, Dublin 8 (“Akita”, “we”, “us” or “our”). Our VAT number is IE3278514PH.
By accepting these Terms and Conditions, our Data Processing Agreement, and our Privacy Policy, you agree to be legally bound by these Terms and Conditions, Data Processing Agreement, and Privacy Policy in their current version or as modified and posted on our Website from time to time.
In these Terms and Conditions, “you” refers to the entity you represent (“Customer”).
If you do not agree with these Terms and Conditions, Data Processing Agreement, or Privacy Policy, you may not use the Service.
Registration
To register and use the Service, you must:
- be 18 years of age or older;
- be a human. Accounts registered by automated methods are not allowed;
- provide your full legal name, a valid email address, and any other information reasonably required in order to complete the signup process;
- pay any agreed upon fees; and
- comply with these Terms and Conditions.
You agree to be responsible at all times:
- for maintaining the security of your account and password;
- for all data entered or imported into your account; and
- for all content posted and activity that occurs under your account.
Term
Use of your account shall commence after your account is activated and continue until terminated by either party in accordance with the provisions of these Terms and Conditions.
Modifications to the Service and Prices
We reserve the right to modify any part of the Service at any time.
We reserve the price to raise or lower the price of services with 30 days notice from us. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Payment
Customer agrees to provide us with a valid payment method registered in the Customer’s name. Customer authorizes us to deduct payments of the agreed upon current monthly or annual fees when due.
The Service shall continue until cancelled or terminated and you shall be liable to pay monthly or annual fees for the account as they are due. There will be no refund or credit for partial months of Service. Fees are shall be payable even if you never use the Service.
If you sign up for a 30-day trial, and do not cancel that account within 30 days of signup, your Account will be converted to standard pricing at the end of the 30 days.
If you decide to downgrade your account you may lose features, content, or capacity. We do not accept any liability for such losses.
All fees are exclusive of all taxes and other fees of any kind imposed on use of the Service. These taxes and fees shall be the responsibility of, and payable by, the Customer.
If your place of business is in the EU, you will be charged VAT unless we are not obligated to charge VAT and you have provided a valid, verified VAT number.
Customer Data
You own all content and data you add to your account or is imported into your account. You retain sole ownership of all rights, title and interest in, and to, your Customer Data. You have the sole responsibility for the legality, security, privacy, reliability, integrity, accuracy and quality of your Customer Data.
We have no responsibility for the way in which you choose to use your account to store or process your Customer Data.
You may choose to integrate 3rd-party applications with the Service. We do not warrant or support these products, and you decide whether or not you wish to enable them. You own all content and data imported into Akita from these 3rd-party applications. If Customer Data is being passed from, or to, the Service through an API, we will not be responsible for any use, disclosure, modification or deletion of Customer Data that is transmitted, or accessed by, third party products.
Suspension & Termination
We reserve the right to suspend or terminate your account if you fail to pay any agreed upon fees. We may terminate these Terms and Conditions immediately if you or a User in your account commit any breach of these Terms and Conditions. We may terminate these Terms and Conditions for any other reason upon giving you 30 days written notice.
Your Account Owner may cancel your account by emailing hello@akitaapp.com. Your payment method will not be billed at the end of the current billing cycle. If you reactivate an Account after cancellation or suspension, you will be billed in accordance with the original billing cycle.
When an account is terminated or cancelled, the account will be inaccessible by all users. Your account can be reactivated by mutual consent within 14 days of being cancelled. After this period, your account and all Customer Data contained within it will be permanently deleted and the agreement between us as set out in these Terms and Conditions will automatically terminate. Please be aware that partial data may reside in our backup and/or archive systems for a period of up to 90 days.
Data Processing
Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements.
To the extent that personal data is processed by us on your behalf when you or Users use the Service, you acknowledge that we are a data processor and the Customer is a data controller. The terms of the Data Processing Agreement shall apply to all Customer Data that we process on your behalf.
Any information that you provide to us during signup or information provided when ordering the Service (such as the Customer’s email address) will be used by us in accordance with the terms of the Privacy Policy.
If a third party alleges infringement of its data protection rights, we shall be obliged to take measures necessary to prevent the infringement of a third party’s rights from continuing.
Availability & Support
We strive to provide greater than 99.9% uptime however we shall not be liable if for any reason the Website or Service is unavailable at any time or for any period.
We may suspend access to your account temporarily and without notice in the case of system failure, maintenance, or repair.
We will provide you with technical support by email only. Technical support will only be provided for bugs or errors that are reproducible by us. You agree to provide us with full and accurate details of all bugs and errors, on request. You acknowledge that we provide no warranty that all or any bugs or errors will be corrected.
Neither our staff nor our third party service partners have access to any user passwords and are therefore unable to access the user’s account or data without receiving an invitation from the user.
Intellectual Property Rights
All intellectual property rights and title to the Service and materials on the Website, including without limitation photographs and graphical images (save to the extent they incorporate any Customer Data or third party owned item) shall remain owned by us and our licensors and no interest or ownership in the Service or Website is transferred to the Customer. Nothing in these Terms and Conditions shall be construed to mean, by inference or otherwise, that the Customer has any right to obtain source code for the software comprised within the Service or Website.
No part of the Website or Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
When using the Service, Customers are encouraged to provide us with their feedback, suggestions or ideas for changes to the Service (“Feedback”). The Customer assigns to us all rights, title and interest in any Feedback. If for any reason such assignment is ineffective, the Customer shall grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such feedback without restriction.
We may take and maintain technical precautions to protect the Service and Website from improper or unauthorized use, distribution or copying.
Acceptable Conduct
You are prohibited from posting or transmitting to or from the Website and/or the Service any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences, consents and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You must not use the Website or the Service:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way; or
- to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above rules on acceptable conduct.
Disclaimer & Customer Warranties
The material on the Website and the Service is provided “as is”, without any conditions, warranties or other terms of any kind. While we endeavour to ensure that the information provided on the Website and the information provided in connection with the Service is correct, we do not warrant the accuracy and completeness of such material. We may make changes to the material on the Website or to the Service, or to the products and prices described on the Website, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
We may share information about our future product plans with you from time to time. Please note that any public statement about our product plans is an expression of intent and should not be relied upon when purchasing the Service. Any decision to purchase the Service should be based on the functionality or features we have made available today and not on the future delivery of any functionality or features.
You warrant and represent that:
- you have authority to enter into this agreement and to perform your obligations under these Terms and Conditions;
- the execution and performance of your obligations under these Terms and Conditions does not violate or conflict with the terms of any other agreement to which you are a party and is in accordance with any applicable laws;
- you shall respect all applicable laws and regulations, governmental orders and court orders, which relate to use of the Service, or Website, and these Terms and Conditions; and
- you rightfully own the necessary user rights, copyrights and ancillary copyrights and permits required for you to fulfil your obligations under these Terms and Conditions.
Except as expressly stated in these Terms and Conditions, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose), are hereby excluded to the fullest extent permitted by law. No warranty is made regarding the results of usage of the Service or Website or that the functionality of the Service or Website will meet your requirements or that the Service or Website will operate uninterrupted or error free.
Limitation Of Liability
We do not exclude or limit our liability to you for fraud, death or personal injury caused by any negligent act, omission or wilful misconduct by us in connection with the provision of the Website or Service, or any liability which cannot be excluded or limited under applicable law.
In no event shall we be liable to you whether arising under these Terms and Conditions or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any indirect or consequential loss or damage which shall include but not be limited to pure economic loss, losses incurred by any client of yours or other third party, loss of profits (whether categorised as direct or indirect loss), losses arising from business interruption, loss of business revenue, goodwill or anticipated savings, losses whether or not occurring in the normal course of business, wasted management or staff time, loss or corruption of data, or inability to use or the results of use of the Website or Service, any websites linked to the Website or the material on such websites.
You acknowledge and agree our total liability to you (whether in contract, tort or otherwise) under or in connection with the provision of the Website or Service under these Terms and Conditions including any claim for indemnity or contribution shall not exceed one hundred (100) per cent of the total amount (excluding any VAT, duty, sales or similar taxes) paid by you to us during the preceding twelve (12) month period.
The Customer shall defend, indemnify and hold us and our employees, sub-contractors or agents harmless from and against any costs, losses, liabilities and expenses, including reasonable legal costs arising from any claim relating to or resulting directly or indirectly from:
- any claimed infringement by the Customer, User or third party of any intellectual property rights with respect to use of the Website or Service outside of the scope of these Terms and Conditions; or
- use by us of any Customer Data or Customer or User provided item; or
- any access to or use of the Website or Service by a User, Client or a third party in breach of these Terms and Conditions; or
- breaches of data protection law or regulations resulting from the us processing data on behalf of and in accordance with the instructions of the Customer or User.
Confidentiality
Each party may use the confidential information of the other party only for the purposes of these Terms and Conditions and must keep confidential all confidential information of the other party except to the extent (if any) the recipient of any confidential information is required by law to disclose the confidential information.
Each party may disclose the confidential information of the other party to those of its employees and agents who have a need to know the confidential information for the purposes of these Terms and Conditions but only if the employee or agent executes a confidentiality undertaking in a form approved by the other party.
The obligations of confidentiality under these Terms and Conditions do not extend to information that:
- was rightfully in the possession of the receiving party before the commencement of these Terms and Conditions;
- is or becomes public knowledge (otherwise than as a result of a breach of these Terms and Conditions; or
- is required by law to be disclosed.
EU Permitted Customers
If you are located in the EU (or in the UK) you can only use the service if you are a business, as evidenced by a registered VAT number or other form of proof acceptable to us.
Assignment
You may not transfer, assign, charge or otherwise dispose of these Terms and Conditions or any of your rights or obligations arising hereunder, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and Conditions, or any of our rights or obligations arising hereunder, at any time.
The parties are independent contractors and nothing in these Terms and Conditions will be construed as creating an employer-employee relationship between us.
Communicating Between Us
We will communicate with you in English only via email or by mail at our registered address.
Changes
We maintain the right to change these Terms and Conditions, Data Processing Agreement, or Privacy Policy at any time, at our sole discretion upon giving you reasonable notice of any material change. Any changes will become effective on the date stated in such notice. If you or any User accesses or uses the Service after the date stated in any notice, this will constitute the Customer’s acceptance of any changes. If you do not accept the changes you should cancel your account before the date stated in the notice and stop using the Service.
New features in the Service, including new tools and resources, will be subject to these Terms and Conditions.
Miscellaneous
Should a provision of these Terms and Conditions be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.
These Terms and Conditions, together with all documents referred to in them constitute the whole agreement and understanding between the parties and supersedes all prior agreements, representations, negotiations and discussions between the parties relating to the subject matter thereof.
Governing Law & Jurisdiction
These Terms and Conditions shall be governed by the laws of the Republic of Ireland. The courts of the Republic of Ireland shall have exclusive jurisdiction for the settlement of all disputes arising under these Terms and Conditions.
These Terms and Conditions come into effect on 25th May 2018 and replaces any pre-existing Terms and Condition.