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Terms of Service

The agreement governing your use of the Aktok platform.

Effective: April 3, 2026 · Last Updated: April 4, 2026

Contents

  1. 1. Agreement to Terms
  2. 2. Description of Service
  3. 3. Eligibility
  4. 4. Account Registration and Security
  5. 5. Subscription and Payment
  6. 6. Service Plans
  7. 7. User Content and Data
  8. 8. Acceptable Use
  9. 9. AI Features and Agents
  10. 10. Intellectual Property
  11. 11. Third-Party Services and Integrations
  12. 12. Privacy
  13. 13. Termination
  14. 14. Disclaimers and Warranties
  15. 15. Limitation of Liability
  16. 16. Indemnification
  17. 17. Governing Law and Dispute Resolution
  18. 18. Changes to Terms
  19. 19. General Provisions
  20. 20. Contact Information

1. Agreement to Terms

1.1 These Terms of Service ("Terms") constitute a legally binding agreement between you (the individual or entity accessing or using the Service) and Aktok Inc, a corporation incorporated under the laws of Prince Edward Island, Canada ("Aktok," "we," "us," or "our").

1.2 By creating an account, accessing, or using any part of the Aktok platform (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1.3 If you do not agree to these Terms, you must not access or use the Service.

1.4 These Terms incorporate by reference the following documents, which form part of this agreement:

  • Privacy Policy
  • Cookie Policy
  • Acceptable Use Policy
  • AI Transparency Notice
  • Copyright & DMCA Policy
  • Professional Services Agreement (if you purchase custom services)

2. Description of Service

2.1 Aktok is an AI-first, all-in-one workspace platform designed for business teams. The Service provides integrated tools for customer relationship management, project management, team communication, AI-powered automation, and related business capabilities as described on our website and within the platform.

2.2 The specific features and capabilities available to you depend on your subscription plan. A current description of available features is maintained at aktok.com. We may modify, add, or discontinue features at any time, subject to Section 18 (Changes to Terms) for material changes.

2.3 Beta Features. From time to time, we may offer features designated as "beta," "preview," "early access," or similar labels. Beta features are provided on an AS-IS basis without any warranty or uptime commitment. We may modify or discontinue beta features at any time without notice.

3. Eligibility

3.1 You must be at least eighteen (18) years of age to use the Service. By accessing or using the Service, you represent and warrant that you meet this age requirement.

3.2 If you are using the Service on behalf of an organization, you represent and warrant that:

  • (a) You have the legal authority to bind that organization to these Terms;
  • (b) The organization is a legally constituted entity in good standing under applicable law; and
  • (c) You agree to these Terms on the organization's behalf.

3.3 The Service is designed for business use. It is not intended for personal consumer use or use by individuals under the age of 18.

3.4 We reserve the right to refuse service to any person or entity for any reason at any time.

4. Account Registration and Security

4.1 Account Creation. To use the Service, you must register for an account by providing accurate, current, and complete information. You may register using:

  • (a) Email and password;
  • (b) Google OAuth (single sign-on); or
  • (c) Enterprise SSO (where available on your plan).

4.2 Account Accuracy. You agree to keep your account information accurate and up to date. We may suspend or terminate accounts with materially inaccurate information.

4.3 Account Security. You are responsible for:

  • (a) Maintaining the confidentiality of your login credentials;
  • (b) All activity that occurs under your account; and
  • (c) Notifying us immediately at legal@aktok.com if you become aware of any unauthorized access to or use of your account.

4.4 Workspaces and Roles. The Service operates on a multi-tenant workspace model. Each workspace is a logically isolated environment.

  • (a) Workspace Administrators are responsible for managing workspace settings, member access, and permissions within their workspace.
  • (b) Members are users invited to a workspace and are subject to the permissions set by the workspace administrator.
  • (c) Workspace administrators are responsible for ensuring that all members within their workspace comply with these Terms and the Acceptable Use Policy.
  • (d) Data is isolated between workspaces. Users with access to multiple workspaces may view data within each workspace according to their assigned permissions but cannot transfer data between workspaces except through the platform's authorized data export features.

4.5 Account Sharing. Each account is for a single individual. You must not share your login credentials with others. If your organization requires multiple users, each user must have a separate account under a workspace subscription.

5. Subscription and Payment

5.1 Free Trial. New accounts are eligible for a fourteen (14) day free trial of the Service. During the trial period, you will have access to the features included in the applicable plan. No payment information is required to start a trial unless otherwise specified. At the end of the trial period, your account will be converted to a paid subscription or access will be suspended, depending on your selections.

5.2 Paid Plans. After the trial period (or at any time during the trial), you may subscribe to a paid plan. Plan details, pricing, and feature availability are described on our Pricing page and may be updated from time to time.

5.3 Billing and Payment. All payments are processed through Stripe, our third-party payment processor. By subscribing to a paid plan, you agree to Stripe's terms of service. You authorize us to charge the payment method on file for all fees associated with your subscription.

5.4 Auto-Renewal. Subscriptions renew automatically at the end of each billing cycle (monthly or annual, as selected) unless you cancel before the renewal date.

  • (a) Disclosure: By subscribing, you acknowledge that your subscription will automatically renew at the then-current rate for your plan and that your payment method on file will be charged on each renewal date.
  • (b) Consent: You expressly consent to auto-renewal when you subscribe to a paid plan. This consent is obtained through an affirmative action (such as checking a consent box or clicking a subscribe button) at the time of purchase.
  • (c) Confirmation: After subscribing, we will send you a confirmation email summarizing your plan, renewal terms, billing amount, renewal date, and instructions for cancellation.
  • (d) Easy Cancellation: You may cancel auto-renewal at any time through your account settings without contacting customer support. Cancellation takes effect as described in Section 5.5.

5.5 Cancellation. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the end of the period you have already paid for.

5.6 Refund Policy. We offer a fourteen (14) day refund policy. If you are not satisfied with the Service, you may request a full refund within fourteen (14) days of your initial purchase or subscription renewal. Refund requests should be sent to legal@aktok.com. No refunds are available after the fourteen (14) day window.

5.7 Plan Changes. You may upgrade or downgrade your plan at any time through your account settings.

  • (a) Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of the current billing period.
  • (b) Downgrades take effect at the start of the next billing period. You may lose access to features not included in the lower-tier plan.

5.8 Taxes. All fees are exclusive of taxes unless stated otherwise. You are responsible for paying all applicable taxes (including sales tax, VAT, GST, or similar taxes) imposed by any jurisdiction with respect to your use of the Service. If we are required to collect or remit taxes on your behalf, those amounts will be added to your invoice.

5.9 Late Payment. If payment fails or is overdue, we may suspend or restrict access to the Service until the outstanding balance is resolved. Overdue amounts bear interest at a rate of one and a half percent (1.5%) per month (or the maximum rate permitted by applicable law, whichever is lower), calculated from the due date until paid in full.

6. Service Plans

6.1 Overview. In addition to access to the platform, Aktok offers service plans for implementation, data migration, AI agent configuration, training, website setup, and ongoing support. Service plans are available as:

  • (a) Productized Services — fixed-scope packages with published pricing, purchased through the Pricing page; and
  • (b) Retainer Plans — monthly or annual subscriptions for ongoing support, configuration assistance, and advisory services, billed via Stripe.

Specific packages, pricing, service hours, and response-time commitments are published on the Pricing page. Custom-scoped engagements with negotiated terms are governed by the Professional Services Agreement.

6.2 Active Subscription Required. You must maintain an active subscription to the platform for the duration of any service plan engagement. If your subscription lapses, retainer services are paused and billing is suspended. If your subscription is not restored within sixty (60) calendar days, your retainer plan is automatically cancelled.

6.3 Billing. Service plans are billed via Stripe using the same billing mechanics as platform subscriptions (Section 5.3). Retainer plans renew automatically per billing cycle (Section 5.4). The refund policy (Section 5.6), tax provisions (Section 5.8), and late payment terms (Section 5.9) apply equally to service plan purchases.

6.4 Retainer Plans — Service Hours. Each retainer plan tier includes a monthly allocation of service hours as specified on the Pricing page.

  • (a) Carryforward. Unused service hours carry forward to the immediately following billing period. Carryforward hours expire at the end of that following period if unused. There is no further rollover beyond one period.
  • (b) Overage. Hours exceeding your monthly allocation (including carryforward hours) are billed at the premium hourly rate stated on the Pricing page.
  • (c) Visibility. Aktok will provide reasonable visibility into your hour usage.
  • (d) Scope. Retainer services typically include platform support, configuration assistance, troubleshooting, and best-practices guidance. Custom development, third-party integrations outside the platform's standard scope, and data entry are generally excluded unless otherwise stated on the Pricing page. Out-of-scope requests may be quoted as a productized service or custom engagement under the Professional Services Agreement.

6.5 Productized Services — Delivery and Acceptance. Upon completion of a productized service deliverable, Aktok will notify you in writing (email counts) that the deliverable is ready for review.

  • (a) Review Period. You have five (5) business days from notification to review the deliverable.
  • (b) Revision. If you identify deficiencies, you must provide written feedback. One (1) round of revision is included. Additional revisions are available as a separate purchase or under a retainer plan.
  • (c) Deemed Acceptance. If you do not provide written acceptance or rejection within the review period, the deliverable is deemed accepted.

6.6 Intellectual Property for Service Plans. Upon payment for the applicable deliverable, you own all custom configurations, content, templates, reports, and documentation created specifically for you. Aktok retains all right, title, and interest in the platform, its tools, methodologies, frameworks, and any improvements to Aktok's existing intellectual property. Aktok may reuse anonymized patterns and general know-how (but not your confidential information, data, or branding) for improving services and serving other clients.

6.7 Subcontracting. Aktok may engage qualified subcontractors to perform portions of service plan work. Aktok remains fully responsible for subcontractor performance. Subcontractors are bound by confidentiality and data protection obligations at least as protective as those in these Terms.

6.8 Compliance. Your service requests must comply with these Terms and the Acceptable Use Policy. Aktok may decline requests that would violate either.

6.9 Response Times. Response-time commitments per retainer tier are published on the Pricing page. Unless otherwise stated, response times apply during Aktok's business hours: Monday through Friday, 9:00 AM to 6:00 PM Eastern Time, excluding Canadian statutory holidays.

7. User Content and Data

7.1 Ownership. You retain all ownership rights in the data and content you submit, upload, or create through the Service ("User Content"). This includes, without limitation, CRM records, project data, files, messages, emails, and any other content you provide. Aktok does not claim ownership of your User Content.

7.2 License Grant. By using the Service, you grant Aktok a limited, non-exclusive, worldwide, royalty-free license to use, store, process, reproduce, and display your User Content solely as necessary to:

  • (a) Provide, maintain, and improve the Service;
  • (b) Generate AI-assisted outputs and recommendations within your workspace; and
  • (c) Comply with applicable law or legal process.

This license terminates when you delete your User Content or when your account is terminated, subject to reasonable backup and archival periods and the data retrieval provisions in Section 13.

7.3 Data Export. You have the right to export your data at any time in standard formats (CSV and JSON) through the platform's data export features, in accordance with our data portability commitments.

7.4 Data Portability. We support your right to data portability. Upon request, we will provide your User Content in a structured, commonly used, and machine-readable format.

7.5 User Content Restrictions. You represent and warrant that:

  • (a) You own or have the necessary rights and permissions to submit your User Content;
  • (b) Your User Content does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party; and
  • (c) Your User Content complies with the Acceptable Use Policy and all applicable laws.

7.6 Backup Responsibility. While we take reasonable measures to protect your data, you are responsible for maintaining your own backups of critical User Content. We recommend using the data export features regularly. Aktok is not liable for data loss except where caused by our gross negligence or willful misconduct.

8. Acceptable Use

8.1 Your use of the Service is subject to our Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference.

8.2 Without limiting the AUP, you agree not to:

  • (a) Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
  • (b) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
  • (c) Use the Service to send unsolicited bulk communications (spam);
  • (d) Attempt to gain unauthorized access to the Service, other user accounts, or related systems;
  • (e) Use automated scripts, bots, or scrapers to access the Service except through our authorized APIs;
  • (f) Interfere with or disrupt the integrity or performance of the Service;
  • (g) Systematically use the Service, its outputs, or data obtained through it to develop a competing product or service; or
  • (h) Resell, sublicense, or redistribute the Service without our prior written consent.

8.3 We reserve the right to investigate and take appropriate action against any violation of these Terms or the AUP, including suspending or terminating your account and reporting violations to law enforcement authorities.

9. AI Features and Agents

9.1 AI-Assisted Features. The Service includes AI-powered features, including autonomous AI agents, AI-assisted content generation, data analysis, lead scoring, chatbot capabilities, and workflow automation. These features use third-party AI models and services, including those provided by Anthropic, Google, and Groq, as further described in our AI Transparency Notice.

9.2 No Guarantee of Accuracy. AI-generated outputs, including suggestions, analyses, content, and automated actions, are provided for informational and productivity purposes only. AI outputs may be inaccurate, incomplete, or inappropriate. Aktok does not warrant the accuracy, reliability, or completeness of any AI-generated output.

9.3 User Responsibility. You are solely responsible for reviewing and validating any AI-generated output before relying on it for business decisions, communications, or any other purpose. Aktok is not liable for any decisions made or actions taken based on AI-generated outputs.

9.4 AI Data Usage. Our use of your data in connection with AI features is governed by the data usage terms described in our AI Transparency Notice, which describes the specific AI systems used, the types of data processed, and the purposes for which your data may be used. Your User Content is never used to train any AI or machine learning model — whether Aktok's own or any third party's — and is never shared across workspaces or clients. AI processing of your data occurs solely to provide outputs within your workspace.

9.5 Workspace-Specific AI Models. Where offered as part of the Service, Aktok may create AI models trained exclusively on your workspace data to provide personalized recommendations, scoring, or automation within your workspace only. Such workspace-specific models: (a) serve only your workspace and are never applied to or shared with any other client; (b) are permanently deleted upon termination of your account (models are deleted immediately — the data retrieval period in Section 13.3 applies to User Content, not to models); and (c) are not downloadable or transferable to you or any third party. The creation and use of workspace-specific models is described in our AI Transparency Notice.

9.6 Data Enrichment. The Service may use client identifiers (such as email addresses, domain names, or company names) as lookup keys to retrieve publicly available information from third-party data sources for the purpose of enriching your CRM records. Enrichment results may be cached by Aktok and used to serve other clients performing similar lookups. Your lookup activity (which identifiers you searched, when, and how often) is never shared with other clients or third parties.

9.7 Restrictions on AI Training. You may not use the Service, its outputs, or any data obtained through the Service to systematically train, develop, or improve any machine learning or artificial intelligence model, system, or product that competes with the Service, without our prior written consent.

10. Intellectual Property

10.1 Aktok Platform. The Service, including its software, design, text, graphics, interfaces, code, algorithms, and all related intellectual property (collectively, the "Aktok Property"), is owned by or licensed to Aktok Inc and is protected by Canadian and international intellectual property laws. These Terms do not grant you any right, title, or interest in the Aktok Property except for the limited right to use the Service in accordance with these Terms.

10.2 User Content. As stated in Section 7.1, you retain ownership of your User Content. Except for the limited license granted in Section 7.2, Aktok claims no intellectual property rights over your User Content.

10.3 Feedback. If you provide us with feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you grant Aktok a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you. You acknowledge that Feedback is not confidential.

10.4 Trademarks. "Aktok," the Aktok logo, and other Aktok product and service names are trademarks of Aktok Inc. You may not use these trademarks without our prior written consent, except as reasonably necessary to refer to our Service in accordance with applicable trademark law.

11. Third-Party Services and Integrations

11.1 The Service may integrate with or allow connections to third-party services, applications, and websites ("Third-Party Services"). These include, but are not limited to, payment processing (Stripe), AI model providers (Anthropic, Google, Groq), analytics (Matomo), push notifications (Firebase), identity providers (Google OAuth), telecommunications (Telnyx), and other services as described in our Privacy Policy.

11.2 Your use of any Third-Party Service is governed by that service's own terms and privacy policies. Aktok is not responsible for the availability, accuracy, content, or practices of any Third-Party Service.

11.3 By enabling integrations with Third-Party Services, you authorize us to exchange data with those services as necessary to provide the integration functionality. You are responsible for understanding and accepting the terms governing any Third-Party Service you choose to connect.

11.4 We may add, modify, or remove integrations with Third-Party Services at any time. We will make reasonable efforts to provide notice before removing integrations that materially affect your use of the Service.

12. Privacy

12.1 Our collection, use, and disclosure of personal information in connection with the Service is described in our Privacy Policy.

12.2 Our use of cookies and similar tracking technologies is described in our Cookie Policy.

12.3 By using the Service, you acknowledge that you have read and understood our Privacy Policy and Cookie Policy. If you are a workspace administrator, you are responsible for informing your workspace members of the applicable data practices.

12.4 Data Processing Agreement. If your use of the Service involves processing personal data subject to the European Union General Data Protection Regulation (GDPR), the United Kingdom GDPR, or other applicable data protection law that requires a data processing agreement, the parties will execute a Data Processing Agreement (DPA) upon request, which will be incorporated into these Terms by reference.

12.5 Commercial Electronic Messages (CASL). Aktok complies with Canada's Anti-Spam Legislation (CASL) and comparable laws in other jurisdictions regarding commercial electronic messages.

  • (a) Transactional Messages: By creating an account, you consent to receive transactional emails necessary for the operation of your account, including account verification, password resets, billing receipts, security alerts, and service notifications. These messages are not marketing and do not require separate consent.
  • (b) Marketing Messages: We will only send marketing or promotional emails with your separate, express opt-in consent. You may provide or withdraw this consent through your account notification settings at any time.
  • (c) Unsubscribe: All commercial electronic messages include a functional unsubscribe mechanism. Unsubscribe requests are processed within ten (10) business days, as required by CASL.

13. Termination

13.1 Termination by You. You may terminate your account at any time by contacting us at legal@aktok.com or through your account settings. If you have an active subscription, cancellation of the subscription is governed by Section 5.5.

13.2 Termination by Aktok. We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to:

  • (a) Breach of these Terms or the Acceptable Use Policy;
  • (b) Non-payment of fees after reasonable notice;
  • (c) Extended account inactivity (twelve (12) months or more with no login), with at least thirty (30) days' prior notice to the email address on file;
  • (d) Legal or regulatory requirements; or
  • (e) Discontinuation of the Service (with reasonable advance notice).

13.3 Effect of Termination. Upon termination:

  • (a) Your right to access and use the Service will cease immediately (or at the end of the current billing period, if terminated by you mid-cycle).
  • (b) Data Retrieval Period: You will have thirty (30) days following the effective date of termination to export your User Content using the platform's data export features. We will make reasonable efforts to provide access to the data export functionality during this period.
  • (c) After the thirty (30) day data retrieval period, we may permanently delete your User Content. We are under no obligation to retain your data after this period.
  • (d) Any outstanding fees owed to Aktok remain due and payable.

13.4 Surviving Provisions. The following sections survive termination of these Terms: Section 7 (User Content and Data, to the extent of existing license grants), Section 10 (Intellectual Property), Section 14 (Disclaimers and Warranties), Section 15 (Limitation of Liability), Section 16 (Indemnification), Section 17 (Governing Law and Dispute Resolution), and Section 19 (General Provisions).

14. Disclaimers and Warranties

14.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

14.2 WITHOUT LIMITING THE FOREGOING, AKTOK DOES NOT WARRANT THAT:

  • (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • (b) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE;
  • (c) ANY AI-GENERATED OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE;
  • (d) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR
  • (e) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS.

14.3 AKTOK DOES NOT CURRENTLY OFFER A SERVICE LEVEL AGREEMENT (SLA) OR UPTIME GUARANTEE. We make commercially reasonable efforts to maintain the availability of the Service but do not guarantee any specific level of uptime.

14.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Limitation of Liability

15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AKTOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF AKTOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AKTOK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF:

  • (a) ONE HUNDRED CANADIAN DOLLARS (CAD $100); OR
  • (b) THE TOTAL FEES PAID BY YOU TO AKTOK DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15.3 THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.

15.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

16. Indemnification

16.1 You agree to indemnify, defend, and hold harmless Aktok Inc, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • (a) Your use of the Service;
  • (b) Your User Content;
  • (c) Your violation of these Terms or the Acceptable Use Policy;
  • (d) Your violation of any applicable law or regulation; or
  • (e) Your infringement or misappropriation of any third-party rights.

16.2 We will provide you with prompt notice of any such claim and will cooperate with you, at your expense, in defending the claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

17. Governing Law and Dispute Resolution

17.1 Governing Law. These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the Province of Prince Edward Island, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles.

17.2 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@aktok.com to attempt to resolve the dispute informally. We will make good faith efforts to resolve any dispute within thirty (30) days of receiving your notice.

17.3 Jurisdiction. If informal resolution is unsuccessful, you agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the courts of the Province of Prince Edward Island, Canada. You consent to the personal jurisdiction and venue of such courts and waive any objection to the inconvenience of such forum.

17.4 Arbitration Option. As an alternative to court proceedings, either party may elect to resolve any dispute arising out of or related to these Terms through binding arbitration administered by the ADR Institute of Canada (or its successor) under its then-current arbitration rules. Arbitration shall take place in Charlottetown, Prince Edward Island, Canada. The arbitration shall be conducted by a single arbitrator. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction.

17.5 Class Action Waiver. To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

18. Changes to Terms

18.1 We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this document.

18.2 Material Changes. For material changes to these Terms, we will provide at least thirty (30) days' advance notice through one or more of the following methods:

  • (a) Email notification to the address associated with your account;
  • (b) In-app notification within the Service; or
  • (c) A prominent notice on our website.

18.3 Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service before the changes take effect.

18.4 Non-Material Changes. Non-material changes (such as corrections of typographical errors or clarifications that do not affect your rights) may take effect immediately upon posting, without advance notice.

19. General Provisions

19.1 Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, AI Transparency Notice, Copyright & DMCA Policy, Professional Services Agreement (if applicable), and any other documents incorporated by reference, constitute the entire agreement between you and Aktok regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

19.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

19.3 Waiver. The failure of Aktok to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term shall be effective only if in writing and signed by Aktok.

19.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Aktok may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms.

19.5 Force Majeure. Aktok shall not be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, power failures, internet or telecommunications failures, or cyberattacks. If a Force Majeure event prevents Aktok from providing the Service for more than sixty (60) consecutive calendar days, either party may terminate the subscription by written notice. Upon such termination, Aktok will refund prepaid fees for the unused portion of the subscription period.

19.6 No Agency or Partnership. Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and Aktok. Neither party has the authority to bind or obligate the other.

19.7 Notices. All notices required or permitted under these Terms shall be in writing and shall be deemed given when sent by email to the applicable party's email address on file. Notices to Aktok should be sent to legal@aktok.com. Notices to you will be sent to the email address associated with your account.

19.8 Language. These Terms are written in English. In the event of any conflict between the English version and any translated version, the English version shall prevail.

19.9 Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.

20. Contact Information

If you have any questions about these Terms, please contact us:

Aktok Inc 163 Great George St. (The Foundry) Charlottetown, PE, Canada

Email:legal@aktok.com

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