Terms of Service

These Terms of Service ("Terms") govern access to and use of the products and services operated by Tekara, Inc., a Delaware corporation that operates the Akkari product ("Akkari," "we," or "us"), including our websites, applications, APIs, command-line and in-product tools, and integrations (the "Service"). They are a binding agreement between Akkari and the company on whose behalf the Service is used ("you" or "Customer").

You accept these Terms by using the Service, clicking to accept, or signing an order that references them. If you do not agree, do not use the Service. A separate signed agreement between you and Akkari controls over any conflict with these Terms.

The Service is for businesses, not consumers. By accepting, you represent that you are at least 18, are acting on behalf of a company or other legal entity, and are authorized to bind it.

Akkari is an AI-assisted system for running customer operations. It captures, organizes, prioritizes, drafts, recommends, and - where you enable automation - helps execute customer-related work, such as follow-up, onboarding, support, success, renewals, action items, customer commitments (including ones that are implied rather than explicitly stated), bug reports, and feature requests. To do this, the Service connects, at your direction, to tools you use - messaging platforms, email, calendars, meeting transcripts, CRM, support tools, and code and issue trackers. The Service is provided on a subscription basis and evolves over time; we may add, change, or remove features, but will not materially degrade a paid plan's core functionality during your paid term. Except as your plan or order expressly states, we have no obligation to provide any updates, upgrades, maintenance, or support.

To use the Service you register an account and a shared workspace for your organization. You may invite team members ("Authorized Users") and may designate administrators who manage settings, integrations, permissions, and automation. You are responsible for your Authorized Users, for all activity in your workspace and under your credentials, and for administrator decisions, which bind you. Keep credentials secure and notify us promptly of any unauthorized use. We do not create accounts on your behalf.

You and your Authorized Users must not:

(a) use the Service unlawfully or to infringe or violate others' rights; (b) submit data you lack the rights or consents to provide; (c) send unlawful or unsolicited communications, or violate a connected platform's terms; (d) copy, modify, or reverse engineer the Service, or use it or its outputs to build, train, or benchmark a competing product; (e) resell or provide the Service to third parties except as your plan allows; (f) circumvent usage limits or security, interfere with the Service, or introduce malicious code; (g) submit regulated-sensitive data the Service is not built for - such as payment card data, government identifiers, or health information subject to HIPAA - unless we agree in writing; or (h) use the Service where its failure could cause death, injury, or serious damage. We may investigate suspected violations and act as required by law.

"Customer Data" means everything you or your Authorized Users submit, and everything the Service ingests from connected systems at your direction - including communications, transcripts, documents, records, and the metadata derived from them. As between us, you own Customer Data; we claim no ownership.

You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, analyze, display, and create outputs from Customer Data during the term and a brief wind-down period, in order to provide and secure the Service, to carry out your instructions including automation, to improve the Service as described below, and to comply with law - including processing by AI models, some operated by third-party providers.

You represent that you have all rights, permissions, and consents needed for us to process Customer Data as described - including any notice to or consent from your personnel, customers, and other participants that applicable law requires for recording, capturing, or transcribing communications. You are responsible for assessing how recording- and privacy-consent laws apply to your use.

To improve the Service, we may process Customer Data to operate, secure, debug, and troubleshoot it, to analyze how it is used, and to develop and test new features. We may also create and use aggregated and de-identified data, which does not identify you or any individual.

We do not use Customer Data to train AI models, and the third-party AI providers we use do not train their models on Customer Data under our agreements with them. We will train or fine-tune AI models on Customer Data only with your opt-in, which you may withdraw at any time.

The Service connects to third-party products ("Third-Party Services") provided by others, not by us. Connecting one authorizes us to exchange data with it as needed to provide the Service. Your use of each Third-Party Service is governed by that provider's own terms, and you are responsible for your accounts with them. We are not responsible for Third-Party Services, or for changes a provider makes that affect the Service. You may disconnect them at any time, which may disable some features.

The Service uses AI and automated agents to produce summaries, classifications, priorities, recommendations, and drafts ("Outputs"), and - where you configure it - to take actions such as sending messages, sharing information, creating or updating records, and scheduling ("Automated Actions").

Where you enable automation, you authorize and instruct the resulting Automated Actions, and those actions and their consequences are treated as taken by you. You are responsible for your automation settings, the access you grant, and the level of human review appropriate to your risk.

The Service and its Outputs are not, and must not be relied on as, legal, financial, tax, accounting, compliance, HR, or other professional advice. You are responsible for ensuring your use complies with law and with your own obligations to customers and personnel. Outputs are treated as Customer Data; we do not warrant they are unique, and your rights in them may be subject to the terms of the third-party AI providers whose models generate them.

Each party may receive the other's non-public information ("Confidential Information"); Customer Data is yours, and the Service's non-public features, pricing, and roadmap are ours. The receiving party will use Confidential Information only to perform under these Terms, protect it with reasonable care, and share it only with personnel and contractors who need it and are under similar confidentiality duties. This does not cover information that is or becomes public through no fault of the recipient, was already rightfully known, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information if legally required, giving reasonable notice where permitted.

Our Privacy Policy describes how we handle personal information for our own purposes. Where Customer Data includes personal data we process on your behalf, we act as your processor or service provider and you act as controller; our Data Processing Addendum ("DPA") governs that processing where applicable. You are responsible for the lawful basis, notices, and consents.

We maintain administrative, technical, and organizational safeguards designed to protect Customer Data, appropriate to the Service. No system is perfectly secure, and we do not guarantee that Customer Data will never be accessed, altered, or lost. You are responsible for security on your side - credentials, access management, devices, and your connected Third-Party Services. We will notify you without undue delay of a confirmed security incident affecting Customer Data, consistent with law and the DPA.

Features identified as beta, preview, early access, or experimental are provided "as is," may be changed or withdrawn at any time, may be less reliable, and are not covered by any service-level or support commitment. Use of them is optional, and the disclaimers and liability limits in these Terms apply to them in full.

You will pay the fees for your plan or order. Unless stated otherwise, fees are charged in advance, are non-refundable except as these Terms or applicable law require, and any usage-based fees are billed in arrears. You authorize us and our payment processor to charge your payment method, and you will keep billing details current. Late amounts may accrue interest at the lower of 1.5% per month or the legal maximum, and may lead to suspension. If we have to take steps to collect overdue amounts, you will reimburse our reasonable costs of collection, including legal fees. Free trials run for the period we specify and may convert into a paid subscription unless you cancel before they end; trials are provided "as is." Fees exclude taxes, which are your responsibility except taxes on our income. We may change fees effective at your next renewal, with reasonable notice.

Your subscription term is stated in your plan or order and auto-renews for equal terms. For month-to-month plans, you may cancel at any time, effective at the end of the current billing period. For annual or longer terms, either party may give notice of non-renewal at least 30 days before the term ends. Either party may terminate for material breach not cured within 30 days of written notice.

We may suspend the Service, in whole or part and with notice where practicable, if your use poses a security risk, may harm us or others, violates Section 4 or law, or your account is overdue after notice. We will limit and lift a suspension reasonably. Suspension does not pause your payment obligations.

On termination or expiration: your access ends; accrued fees remain due; prepaid fees are non-refundable, except that we will refund the unused portion if you terminate for our uncured material breach; and for 30 days afterward you may export Customer Data, after which we may delete or de-identify it, subject to law and our backup cycles. Terms that by their nature should survive termination will survive.

We and our licensors own the Service and all related software, models, and intellectual property, including the Akkari and Tekara names and logos. These Terms grant only the limited rights expressly stated, and all other rights are reserved. You own Customer Data. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without restriction or obligation.

The Service, all Outputs, all Automated Actions, Beta Features, and trials are provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties - express, implied, or statutory - including merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, that Outputs will be accurate, complete, or reliable, or that the Service will meet your requirements or produce any particular outcome. We are not responsible for Third-Party Services.

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, revenue, goodwill, or data, arising out of or related to these Terms or the Service, even if advised of the possibility. Each party's total aggregate liability arising out of or related to these Terms or the Service will not exceed the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or US$100 if no fees were paid.

These limits do not apply to your payment obligations, either party's indemnification obligations, breach of confidentiality, your breach of Section 4 or infringement of our intellectual property, or liability that cannot be limited by law. The fees reflect this allocation of risk, which is an essential basis of the agreement.

Any claim arising out of or related to these Terms or the Service must be brought within one year after it arises; otherwise it is permanently barred, except where applicable law does not permit this limitation.

You will defend and indemnify Akkari against third-party claims arising from Customer Data, your use of the Service in violation of these Terms or law, your use of or reliance on Outputs or Automated Actions, your automation settings, or Third-Party Services you connect.

We will defend you against third-party claims that the Service, used in accordance with these Terms, infringes a third party's intellectual property rights, and will indemnify you for amounts finally awarded or agreed in settlement. This does not apply to claims arising from Customer Data, Outputs, combination of the Service with non-Akkari products, modification of the Service, use in breach of these Terms, or Beta Features. If the Service is or may become subject to such a claim, we may obtain a license for continued use, modify the Service, or terminate the affected subscription and refund prepaid, unused fees; this is your sole remedy for infringement claims.

The indemnified party must give prompt notice, allow the indemnifying party to control the defense and settlement, and provide reasonable cooperation. No settlement that imposes an obligation on or admits fault by the indemnified party is valid without its consent, which will not be unreasonably withheld.

These Terms, and any dispute arising out of or related to them or the Service, are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Before starting a formal proceeding, the parties will attempt in good faith to resolve the dispute for 30 days after written notice.

Any dispute not resolved informally will be finally settled by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or its Streamlined Rules where they apply), before a single arbitrator, seated in Delaware and conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. Disputes will be brought only in each party's individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one party's claims or preside over any class or representative proceeding.

Notwithstanding the above, either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or Confidential Information. Each party waives any right to a jury trial.

We may update these Terms; we will post the updated version, revise the "Last updated" date, and give reasonable notice of material changes. Continued use of the Service after the effective date is acceptance; if you do not agree to a material change, stop using the Service. Where required, a material change that reduces your rights applies to you at your next renewal.

These Terms, together with any order, the DPA, and referenced policies, are the entire agreement on this subject; in a conflict, a signed master agreement, then an order, then the DPA, then these Terms control, in that order. You have not relied on any statement, demonstration, roadmap, performance claim, or other representation outside these Terms, and no such representation forms part of this agreement. Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all assets. We may use subcontractors and subprocessors and remain responsible for their performance. Neither party is liable for delays caused by events beyond its reasonable control, other than payment obligations. Each party will comply with applicable export-control and sanctions laws. The parties are independent contractors, and there are no third-party beneficiaries. If any provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect; a failure to enforce is not a waiver.

Publicity. We may identify you as a customer and use your name and logo in our marketing materials and on our website. You may decline or revoke this permission at any time by contacting us.

Contact. Tekara, Inc. (Akkari), 1032 E Brandon Blvd #4125, Brandon, FL 33511. Questions and legal notices: legal@tekara.ai. We may give you notice by email or through the Service.